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1983-03-16 Council Packet
Kenai City Council Meeting Packet March 16, 1983 _ - --qww- . . , LJ 1,A f a rU✓.��u +{ .� •� I •fl'r Yi.. /, wo u- 0�. AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 16, 1983 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD C. PUBLIC HEARINGS 1. Ordinance 846-83 - Increasing Rev/Appns - Relocation of Security Fencing - $37,500 2. Ordinance 847-83 - Repealing and Re -Enacting Kenai Municipal Code - Borough Provisions for Levy and Collection of Sales Tax 3. Resolution 83-22 - Transfer of Funds - Maintenance Agreement - Word Processors - 4. Resolution 83-25 -Award of Contract - Install Carpet in Ft. Kenay - 4-D Interiors 5. Resolution 83-26 - Transfer of Funds - Additional Utility Costs - $1,700 - 6. Resolution 83-27 - Request to Legislature Regarding . 7. Transfer of Powers from Borough to City Resolution 83-28 - Awarding of Contract - Airport Vehicle Parking Lot Paving - Professional Design Assoc. - $18,348 8. Resolution 83-29 - Award of Contract - Engineering Airport Terminal Apron Extension - Mike Taurisinen - $19,400 9. Resolution 83-30 - Award of Contract - Engineering Standard, Richfield, Thompson Place - Wince, Corthell, Bryson - $169000 Resolution 83-31 - Street Name Changes 11. Resolution 83-32 - to Legislators, Regarding Utilities Relocation, SB- 67 12. Resolution 83-33 - To Legislators, Regarding Sales Tax Exemptions, HB-132 I 13. Resolution 83-34 - To Legislators, Regarding Registration of Lobbyists, SB-137 14. Resolution 83-35 - To Legislators, Regarding Supplemental Municipal Assistance, SB-17, HB-136 15. Change Order D8 - Blazy Const. - Gym a. Resolution 83-36 - Transfer of Funds - Gym - Change Order #8 - Blazy Const. D. -MINUTES 1. Regular Meeting, March 2, 1983 2. Bd. of Adjustment, March 7, 1903 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Discussion - Replacing Floors in Old Racquetball Courts 4. Discussion - Formation of Library Commission 5. Discussion - Appointments to P&Z 6. Discussion - Utilization of Airport Lands - Bob Bielefeld Request H. REPORTS 1. City Manager 2. City Attorney - H 3. Mayor 4. City Clerk 5. 6. Finance Director , , . �• �,4., u Planning & Zoning H re 7. Harbor Commission B. Recreation Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT COUNCIL MEETING -OF 11 ,I oil COUNCIL mi"111,111ING or Aj r 0 .1 1 5rsdldln0,ndf by s Adm f it fat cat inn CITY OF UINAI 0110I NAN1;1: NO, 1146-14 3 AN ORDINANCE OF ME C011NCIL OF (11F CITY OF KFNAI, AVAUA INCREASING FSTINATFO REVEN1 :9 AND APPRONRIATION5 IN TIJF 19112-03 AIRPORT I,AN9 fJY,TFM FUND 0006E T IlY $37,500 FOR IIVI,01;A►ION OF SECURITY FENCING AROUND FOO 5011DIVI510N, WHEREAg, the City doniron to rolnente neeurity foneing nrossnd leaned or future leaned Airport F011 Iota to onhonnn t,lso rsecsivity and make the lands more nenonnible for torinnto, and WHERKAO, monies am avnilnhle in the Airprsrt I,nnd Oyat,nm Rodservo for Capital Improvemonto which are reot,riated by FAA for Airport development, and Wit THKREFORF, OF If ORIiAINFU OY TIfF I;OIINCII, OF TOE; CITY OF KENAI, ALMMA that tho followindl inevannea to ofitirnrnted revonuo and appropriationo be madus Airport band S atom �Ifterean - mn od Ilevonwnns Appropriation of Ronorvdt for Capital Improvement" 1�3-7�,, f 0, Ineroane Apprepriatiorsos IA b 0 - F DO r nor: indl 1_745Qfi PA55ED OY TN` COUNCIL OF TUF, CITY OF KENAI, ALA"KA, thids 10th day of Igarch, 1993, AIICST s nno�s'iris- icy nr Approved by FinnnPos ArI F i rfrt Ile ad l nrl s Mil refr Z, 19113 ;lleonrl 11oad 1 n1l s f4nreft 1 h, 19113 FYfrrnl,ivo Untes Mnruh 1/►, 1903 C-2 OW) ►Oryrlanted by$ Adminiotrnt inn CITY OF KVNAI ARMNANVV N0,9474113 AN 0119INANCt: OF THF, rOHKMC N1; If. (1l' THE Cl TY AF Kt'NA 1, UKENAI AW RE. P NINPEAL I ^►1WANft(Int 111#11 )t)ry�pR(IV[!�IAN!iHFlilt t'EVYIIANUHC()I�I,HCTl©N OF 9ALF9 TAX, W11FUMp K14C 7,10,00 ndopto Konni poninnulrr Rorotsr[h nodl, provininnn for levy and antl.nntion of oalna tax by op"Rific roPortsn"o to onnt ionn of the llarotsrJh r;odn, and WHERVA5f the neetiono of till, Rorotsryh r:odrt rorsnlinq with oelnn tox"a have chanryryd, Onto it in thornforo nernnnar.y for thn City kn amond It" Code, and ' VIHEREA5, it, oppeoro to he morn offiPlent to rePrrr to the 130roOr3h Coda by ossbJect, rothor than by opeoiPin rePnronr;n, 1 NaVi, THEREFQRF:, lli; It ORDAINED UY TH1: (;OI1Nt;[1. OF THE CITY OF f KENA I, ALAi3KA that s "ekirsn 1s K14C 7,10,I)5(i. to fsereby repealod and re-onact,ed oo Y 7,10,091l flarors lei 501M) Tau Ado trrd b "afePanne s ior;arporotl,d 1)y—FeVe onre To—M, ,, '—F.i l,.rsn t rFj17iI j 0040 pcnvtnton wan not Perth verbatim hereis9 are M1 ntotrstnn, ronnint.tnr[ of ordinanr;orr and/or node pro- virsinnr3 of the Konai fleninrstsla llorossgh or ntsnb portiono thrtrooP, whl.rsh {rrovirle for tiro rsalrrO 1,09fln, inr,ltsdinq Hilt, not IimltnrJ to their Invy, colla-tion, mod ad- minintration, P4530 BY [fir Ct)IIPJE 11, Of, fill: C I f Y Or KI: NA l , AI,A +KA, th i r3 1 Gtb tiny ri P Narrrh, 1903, ATTrV;Tt n 1="i ira i'y IT a,,Xr��i, Mr, idA Y I I I r -- f i rfit R,rfsif i nri s f4u rr; tr 2, 19034 'irrr;unrl Rrr:rd i n,ls S4r�rr h 1 /,, 19113 fffartivrr Uatrts April 1b, 191;3 0 cow 3 9uggoated by$ Adminintration CITY OV KENAI RESOLUTION NO. 83-22 I HE IT RRfiOLVFD BY THR COUNCIL OF THE CITY OF KENAI, ALASKA THAT f THE FOLLOWING TRANSFERS AB NONIRS BE MADE IN THE FEDERAL REVENUE R RHARING FUNDs i Proms PRO - Finance - Machinery & Squipment $<11333> PRO - City Clerk - Machinery & Equipment <1,333> PRO - City Manager - Machinery & Equipment <11333> PRO - City Attorney - Machinery & Equipment 0,333> PRO - B.W. Admin. - Machinery & Equipment <11333> Tos PRO - Finance - Repair & Maintenance $ 11333 PRO - City Clark - Repair & Maintenance 1,333 PRO - City Manager !Repair & Maintenance 1,333 i PRO - City Attorney - Repair & Maintenance 1,333 f; PRO - P.W. Admin. - Repair & Maintenance 1,333 Itis trannfer provLdes money for maintenance agreements (for one year) on five wor4 procesoors. Monien had been erroneously budgeted in the Machinery & equipment aecountop rather than j Repair & Maintenance. + PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of March, 1993. i RONA A A�: f AL T©N, MAYOR ATTROTs , an©f: A e an, U`— MORI?- Approved by Finances .!, f F r_ t; f- f t I is 4" I �' C..q Suggested bys Administration CITY OF KENAI RESOLUTION NO. 83-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR INSTALLING CARPET IN FORT KENAY, IN THE AMOUNT OF $3,918. WHEREAS, the City of Kenai has solicited kids from local carpeting vendors by individual notifications and has received one bid as follows: 4-D INTERIORS $3,918 WHEREAS, the City of Kenai has received a copy of the Speciality Contractors License, State Business License, Borough Business License and Certificate of Insurance from the Bidder, and WHEREAS, it -appears to he in the City's hest interest to award a contract for installation of carpeting to 4-0 Interiors. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that a contract for the installation of carpeting at Ft. Kenay be awarded to 4-0 Interiors in the amount of $3,918. PASSED BY THE COUNCIL OF THE. CITY OF KENAI, ALASKA this 16th day of March, 1983. ATTESTS anetwean, CtyCer Approved by Finance: - �eje- I Ronald A. Malston, Mayor f City of Kcnat--CIP VJ 1983-84 Pulse 2 Cost Accum. Improvements x $1,000 x $1,000 17. Extend Main Apron (1.200 x 350) A.I'. $ 2,500 $ 11,74S 18. Beaver Crock Piro Station 253 11,998 19. A.P. Ski/Grass/Dirt Strip ? 20. Float Plane Basin ? 22. A.P. Runway Ext. 5,000 22. Harbor --Bulkhead, Dredging, Boat Ramp 1,750 23, Path to Beach 10 24. Robin, Kenaitze, Eagle Rock, .Sandpiper, Tern, Strawberry S. - G 297 25. Alpine - G 62 26. Juliussen, Ames, Barabara, Angler- G 721 27. Camping Area S00 28. Racquetball Court 35 to 70 29, Bike Trails--Redoubt--Spur to Forest Spur --Tinker to Swires 460 i; J � T r ti! I C-L Suggested by: Councilwoman Glick CITY OF KENAI RESOLUTION NO. 83-27 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE THIRTEENTH LEGISLATURE OF THE STATE OF ALASKA TO AMEND AS 29.33.070 TO PROVIDE THAT ANY POWERS TRANSFERRED TO A CITY THEREUNDER CANNOT BE RETRANSFERRED TO THE BOROUGH WITHOUT CONSENT OF THE CITY. WHEREAS, AS 29.33.070(b) presently provides that the Assembly may by ordinance designate a city council as a board of adjustment within the city and delegate other planning and zoning powers to a city but that the Assembly may likewise by ordinance revoke or modify any part or all of the powers delegated thereunder, and WHEREAS, many cities of the Borough have expressed a reluctance to assume zoning powers authorized by current Borough ordinances because of the possibility that a future Borough governing body might revoke the delegation after the city had gone to some expense to set up their own zoning procedures and departments, and WHEREAS, under the current provisions of AS 29.33.070 the Kenai Peninsula Borough can give no assurance to the cities that a future Assembly and Mayor will not withdraw powers delegated to the city, and WHEREAS, it would be reasonable to treat powers transferred to the city by the Borough in the same manner as powers which the city has by statute. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council of the City of Kenai, Alaska hereby requests the hirteenth Legislature of the State of Alaska and the Governor of the State of Alaska to amend AS 29.33.070 by repealing AS 29.33.070(b)(3) and adopting a new subsection AS 29.33.070(c), to read: (c) Any part or all of the powers delegated under subsection (b) may only be retransferred to the Borough under the provisions of AS 29.33.250 or AS 29.33.260. 1 WINICIPAL rttlPPLEMENTAr. _ 028 M The Aiaokz.Municipal League oupporto the oupplomentai appropriation of 029 million-a9,9,1 million PY 83 Municipal Aaaiotance Rovonuoa to fully fund the ontitU.4nont at the amount had not thoa method of taxation of the petroleum induatz.v boon changed during the 1901 State legislative Boonton and 02.9 million PY 83 Chapter 89 State Revenue sharing for roads, health facilities and hospitals, volunteer fire departments in the unorganised borough, and unincorporated communities to fully fund the entitlement at the Leval authorized by state atatuton. The League further encouragers the Legislature to appropriate and the Governor to approve the supplemental appropriation by April 15, 1993 so that local governments can ueo the additional funding in eotting mill levioo. Municipal Assistanco Fund - 029.1 Million PY 82 087.4 million appropriated FY 83 071.3 million appropriated PY 83 096.4 million if the logislature had not changed the oil and one Corporate income Tax When the Legislature repealed the Gross Business Licence Tax, a portion Of which was automatically distributed to municipalities, it created the Municipal Assistance Yund as a revenue replacement for local governments. The law provided that an amount "equal to or grantor than 100" of the proceeds of the previous yoar'e corporate income tax, both special oil and gas and also general, could be appropriated to the fund. When the Legislature repealed the spacial oil and gas corporate income tax and increased the severance tax in the cloning days of the 1991 session, it did not make any changros to the Municipal Assistance Fund, Following the session, however, legislative leaders publicly stated that they did not intend to adversely impact local government funding and Would make corroctiona during the next 000Bicn, in the 1902 sooaion, the Legislature amended the law, increasing the level from loci to 3ol, which is estimated to provide almoot an much in the future so the Previous system, but the Legislature did not adjust the PY 93 approp- riation to make up for the shortfai.i. Revenue Sharing, Chapter 99 - 02,9 Million Although most of the revenue abating fundo are distributed by the general formula ostabliahed in AS 29,89, there are alga entitiemonto establiohad in AS 29.99 - State Aid for Miscelianocus Purp0000, including roads, hoapitalo and health facilities, volunteer fire departments in the unorganized borough, unincorporated comaunities, and area cost of living differentials. The allocation for thin chapter wan -- not increased to cover the largo increasea in eligible rondo, with the roault being a projected 02.9 million ahortfall and an 80% proration of fulling in these catagr�riea. P 1.dsd In V.J..��. � 5Li98- Suggested by: Administration CITY OF KENAI i RESOLUTION NO. 83-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICE TO PROFESSIONAL DESIGN ASSOCIATES FOR THE DESIGN OF THE PROJECT ENTITLED: AIRPORT TERMINAL PARKING FOR A NOT -TO -EXCEED AMOUNT OF $jAr3,Cr. WHEREAS, the City of Kenai received proposals from the following firms: Professional Design Associates Mike Tauriainen, P.E. Ted Forsi & Associates, Inc. i Wince-Corthell-Bryson i Wm. J. Nelson & Associates CH2M Hill McLane & Associates Dowling -Rice and Associates WHEREAS, the Public Works Department and the Council of the City of Kenai feel that it is in the best interest of the City to award this project to Professional Design Associates. WHEREAS,Wuncil. f-to-exceed amount includes $1,668 to design a raised to front of the terminal building as requested by the City NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a contract be awarded for engineering design services to Professional Design Services for the design of the project entitled: Airport Terminal Parking for a not -to -exceed amount of PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day j of March, 1983. Ronald A. Malston, Mayor ATTEST: ! Janet Whelan, y er Approved by Finance: C . r Suggested by: Administration CITY OF KENAI RESOLUTION NO. 83-29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICE TO MIKE TAURIAINEN, P.E. FOR THE DESIGN OF THE PROJECTS ENTITLED: AIRPORT RAMP OVERLAY AND ITINERANT AIRCRAFT PARKING FOR A NOT -TO -EXCEED AMOUNT OF $19,400. WHEREAS, the City of Kenai received proposals from the following firms$ Professional Design Associates Mike Tauriainen, P.E. Ted Forsi 6 Associates, Inc. Wince-Corthell-Bryson Wm. J. Nelson do Associates CH2M Hill McLane & Associates Dowling -Rice and Associates WHEREAS, the Public Works Department and the Council of the City of Kenai feel that it is in the best interest of the City to award these projects to Mike Tauriainen, P.E. WHEREAS, this not -to -exceed figure includes deaign of aircraft tie -downs and electrical plug -ins for a cost of $1,500. NOW, THEREFORE_, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a contract be awarded for engineering design services to Mike Tauriainen, P.E. for the design of the projects entitled: Airport Ramp Overlay and Itinerant Aircraft Parking for a not -to -exceed amount of $19,400. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of March, 1983. Ronald A. t a s on, Mayor ATTESTS Janet Whelan, City Clerk .,! Approved by Finances I w J 0 J F! 4 Suyrynssted bys Adminiat,rat inn CITY OF KENAI RESOLUTION NO. 93-30 Chi A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICE TO WINCE-CORTHELI.- BRYSON FOR THE DESIGN OF THE PROJECT ENTITLEDs STANDARD, RICH - FIELD, AND THOMPSON PLACE - GRAVEL STREET IMPROVEMENTS FOR A NOT -TO -EXCEED AMOUNT OF $16,000. WHEREAS, the City of Kenai received proposals from the following firmos ' Professional Design Associatea Mike Taurisinen, P.E. Ted Forst & Associates, Inc. Wince-Corthell-Bryson Wm. J. Nelson & Associates McLane & Associateo Dowling -Rice and Associates WHEREAS, the Public Works Department and the Council of the City of Kenai feel that it in in the boat interest of the City to award this project to Wince-Corthell-Bryson, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a contract be awarded for engineering design services to Wince-Corthell-Bryson for the design of the project entitleds Standard, Richfield, and Thompson Place - Gravel Street Improvements for a not -to -exceed amount of $16,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of March, 1993. ATTESTS Janot Whelan, City Clerk Approved by Finances Ronald a .3 on, Mayor c-10 !4oplonted byt Adininint rat ion CITY OV K`:NA I RESOLIITION NO. 03-31 A RESOLUTION OF THF; COUNCIL OF THE PITY OF KENAI, ALASKA CHANGING THE NAMES OF CERTAIN EXISTING 5TRF_E13 AND NAMING CERTAIN NEWLY ESTABLISHED STREET,, WHEREA59 914C 14,15,140 authnrizen the Counell of the City of Konal to name and rename atroota, anti WHEREAS, the Konai Plnnninq h Zoning Commission recommends the naming and renaming of certain city otronts with their Rosolution No, PZ03-4, and WHEREAS, curtain ambiguition exiat on certain exioting atroot nomoo resulting in conftsrtlon for police, fire, and ambulance rooponae to emergency calks, and WHEREAS, certain otreets have not yet boon named according to Ordinance, NOWs THEREFORE, BE IT RESOLVED BY THF. COUNCIL OF THE CITY OF KENAI, ALASKA ae followos Section 1s That the atroot nnmoa he changed and/or notobli6fiod according to the attached Exhibit "A" and that said nomoo when accepted for City maintenance be incorporated on the Master Street Plan. Section Zs That the City of Kenal'e Public, Works Depar men saep and updato a 1436tor Street Plan drawing that includoo all rondo that are accepted and maintained within the City of 90n9i and that Ouch rondo on the drawing will be conoiderod the official namen of thens rondo. PASSED BY THE COUNCI1, OF THE CITY OF KENAI, ALASKA this 16th day of March, 1993, ens � a rston, ayar ATTEST: janot 9901ant City .1r,Ak - Approv h Finances .� CIrY OF KFNAI HF 01,111 I ON NO. 0 3- 41 t;xhihit "A" Ch- nnge C Street (Spur Subdivinion No. 2) FAA Accona Road 27th Avenue 32nd Avenue Simla Road (Highland Trailer Court) No Name (Bush Lane 90 divialon) 22nd Avenue Stock Street Mulholland and Aurora Watergate Way New Subdivioion Street Namoo 0onkins Subdivioion Peck & Honcon Subdiviaiono Gevornmont Leta 18, 19, 20, & 29 Government Lot 30 Koa Subdiviofon Weabot, Whito Country, & Portara Acreo Government Let 99 & 100 Government Lot 96 & 100 Eddington Subdiviolon Government Lot 135 Burnett Subdivinion Helon aenoo 5ubdivioion Winco Acres (2 otroeta) To Frontngo Rend Ryan'o Drive N. Gill Street** 30ffOrson ►troet** King Salmon Drive Ouoh Straot** Shelikoff (continuation)** Oamoa Street (continuation)** Colonial Drive (atraight through) sunrieo Way Truman Avenuo** Madiaon Street** Eadio Wny** Hayoo Avenue** Koa Circle** Monroe Circle** Grant street** Harding Street** Adams Street** Coolidge Street** Lantern Circle** Silversmith Lane** Carriago Circle** Cobbler Circle** **N01 CITY MAINFAINFO ROAD 7-` i f Suggost"d bys City Council CITY OF KENAI RESOLUTION NO, 83-32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENA19 ALASKA REQUESTING THE THIRTEENTH LEGISLATURE OF THE STATE OF ALASKA NOT TO BURDEN LOCAL GOVERNMENT WITH ADDITIONAL AND UNNECESSARY COSTS IN BUILDING, MAINTAINING OR REPAIRING ROADS WHICH ARE THE RESPONSIBILITY OF LOCAL GOVERNMENT BY PASSING SB 67 WHICH FORCES MUNICIPALITIES TO PAY THE COSTS OF RELOCATING UTILITY POLES AND/OR LINES IN CONJUNCTION WITH ANY OF THE MUNICIPALITIES' ROAD PROJECTS. WHEREAS, the common law in the State of Alaska hoe always been that when a municipality requested a utility to move its polee or lines in conjunction with a road project undertaken by said municipality, that coat hoe been borne by the utility company, and WHEREAS, the passage of SO 67 will only burden local taxpayers with additional costs which in the pest have not been borne by the local taxpayers, and WHEREAS, electric utilities have been provided an easement along said roads by municipalities without any coat to the utility, WHEREAS, the utility will be a major benefactor from SO 67 at the expense of the local taxpayers, and t ' WHEREAS, transferring the burden of the cost of relocating - utility transmission lines and poles to the public sector is E contrary to the public good and welfare of the taxpaying public, and f WHEREAS, there is a strong possibility that with the passage of SB 67 it would discourage municipalities in many cases from `. trying to make appropriate and adequate repairs to existing streets because of the additional burden and therefore be detrimental and perhaps even dangerous; to the motoring public in many municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ' KENAI, ALASKA, that sold Council qo on record urging the Thirteenth Legislature of the State of Alaska to defeat SB 67 on the basis that it appears not to be in the boot interests of the citizens of the Stato of Alaska, and further that immediately after the adoption of thi3 resolution the Clerk of the City of 1 1 1 Kenai shell mail copies thereof to Governor William J. Sheffield, Senators Don Gilman and Paul Fischer, Representatives Hugh Malone, Milo Fritz, Aette Cato and Vern Hurlbert; in addition, the Chairman and Vice -Chairman of the House Labor and Commerce Committee, Representatives Walt Furnace and Rick Uehling and Chairman and Vice -Chairman of the Senate Labor and Commerce Committee, Senators Richard Elisson and Bob Mulcahy as well as the Alaska Municipal League. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of March, 1963. ATTEST: Janet Whelan, City Clerk oneld -IC.—Mel_ston�yor R r i c. 00) Suggested by: City Council CITY OF KENAI RESOLUTION NO. 83-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE THIRTEENTH LEGISLATURE OF THE STATE OF ALASKA TO DEFEAT HB 132 SPONSORED BY REPRESENTATIVES KOPONEN AND VASKA ELIMINATING THE SALES TAX ON FOOD AND NON-ALCOHOLIC BEVERAGE SALES. i WHEREAS, the adoption of HB 132 would have a negative and devastating economic impact upon almost all local governments in the State of Alaska, and WHEREAS, the practical effect insofar as the City of Kenai, Alaska is concerned, it would eliminate 1/3 of the revenues or $600,000 generated by the local sales tax, and WHEREAS, to replace the amount of money that would be lost by the enactment of HB 132 the City of Kenai would have to automatically increase the mill levy by four mills in order to replace the money lost by the elimination of sales tax on food and non-alcoholic beverages in the City of Kenai, and WHEREAS, with the adoption of HB 132 the State of Alaska would have to shoulder the responsibility of being the agency responsible to all property owners in Kenai for raising the local levy by four mills. WHEREAS, the enactment of HB 132 would have neither a positive - nor negative effect upon the funds collected by the State of Alaska for the purpose of supporting government, it therefore appears to be a matter which should be left to the local elected officials who are more familiar with the economic conditions at 1 the local level than the State of Alaska. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Thirteenth Legislature of the State of Alaska is hereby requested to defeat HB 132 because of its adverse effect on all local governments throughout the State of Alaska and further that immediately after the adoption of this resolution, the Clerk of the City of Kenai shall mail copies thereof to Governor William J. Sheffield, Senators Don Gilman and Paul Fischer and to Representatives Hugh Malone, Milo Fritz, Bette Cato and Vern Hurlbert; in addition, the Chairman and Vice -Chairman of the House Finance Committee who are Albert P. Adams, Chairman and Robert Bettieworth, Vice -Chairman, and Co -Chairmen of the Senate Finance Committee who are Don Bennett and John Sackett as well as the Alaska Municipal League. PASSED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA this 16th day r of March, 1983. Y ATTEST: Janet Whelan# City Clerk Ronalcl-A. Melston, Mayor 2 C•�3 Suggested by: City Council CITY OF KENAI RESOLUTION NO. 83-34 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE THIRTEENTH LEGISLATURE OF THE STATE OF ALASKA TO ! DEFEAT SO 137 INTRODUCED BY SENATORS FAIKS, KERTTULA AND BENNETT WHICH REPEALS THE EXEMPTION IN THE LOBBYING ACT OF THE STATE OF ALASKA FOR PUBLIC OFFICIALS WHICH PLACES LOCAL ELECTED PUBLIC OFFICIALS AND APPOINTED OFFICIALS IN THE SAME CATEGORY AS A PRIVATE PAID LOBBYIST. 4 WHEREAS, local elected and appointed officials work for and represent a locally constituted constituency and therefor are legitimate representatives of the people whom they serve who are also citizens of the State of Alaska, and WHEREAS, eliminating elected and appointed public officials from the exemption of the lobbying act of the State of Alaska, places { them in the some position as a privately paid lobbyist whose only concern is to represent private interests as opposed to the public interest and creates a hardship upon local elected and p appointed officials in carrying out their responsibilities for i the people who have elected and appointed them to represent the public's best interests by adding additional paperwork and expense to their responsibilities unnecessarily, and 1 WHEREAS, locally elected and appointed officials stand in the same steed to their consiiuuency as do the duly elected legislators in the Thirteenth Alaska Legislature with the exception that legislator's constituency at times represent both incorporated and unincorporated local government constituencies, and f WHEREAS, it appears this legislation is personal interest legislation and in effect benefits private interest lobbyist j groups and negatively affects local constituencies represented by elected and appointed officials, and ` WHEREAS, with the passage of this legislation it would appear i that the number of lobbyists would substantially increase whose only interest will be to represent private interest groups and on many occasions to the disadvantage of the constituencies throughout the State of Alaska. 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that they go on record urging the Thirteenth Legislature of the State of Alaska to defeat SB 137 on the basis that it appears not to be in the best interests of the citizens of the State of Alaska, but in fact is an enhanceinent of the private interests within this State at the expense of the state's constituency at large; and further, that immediately after the adoption of this resolution the Clerk of the City of Kenai shall mail copies thereof to Governor William J. Sheffield, Senators Don Gilman and Paul Fischer, and to Representatives Hugh Malone, Milo Fritz, Bette Cato and Vern Hurlbert; in addition, the Chairman and Vice -Chairman of the House State Affairs Committee, Chairman Mitchell Abood, Jr., and Vice -Chairman John Cowdery as well as the Alaska Municipal League. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of March, 1983. Ronald a s on, Mayor ATTEST: •Janet Whelan, City Clerk n m C—/ Suggested by: City Council CITY OF KENAI RESOLUTION NO. 83-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE THIRTEENTH LEGISLATURE OF THE STATE OF ALASKA TO SUPPORT SB 17 AND/OR HB 136 BOTH OF WHICH REPRESENT SUPPLEMENTAL MUNICIPAL ASSISTANCE FUNDING FOR MUNICIPALITIES THROUGHOUT THE STATE OF ALASKA. WHEREAS, the supplemental appropriation of $25 million for FY 83 municipal assistance revenues is designed to fully fund the entitlement at the amount had not the method of taxation of the petroleum industry been changed during the 1981 State Legislative Session, and WHEREAS, it was the intent of the Twelfth Legislature to provide this funding for the purpose of permitting local governments to reduce taxes in the local community, and WHEREAS, the City of Kenai, Alaska used all of its municipal E assistance funding for the purpose for which the Twelfth Legislature intended municipal assistance to be used by reducing the mill levy to 2.1 mills for the property taxpayers within the City of Kenai, and WHEREAS, the City anticipated full funding of municipal assistance at the same rate previously provided by the old corporate income tax, and WHEREAS, to maintain this low mill levy and to meet the anticipated expectations of the local taxpayers, the aupplementary municipal assistance funding becomes extremely important to the City of Kenai, Alaska, and WHEREAS, the Twelfth Legislature of the State of Alaska is basically and primarily responsible for the actions of the Kenai City Council in reducing its mill levy and therefore entitled to a major portion of the credit for the low mill levy in the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that said Council go on record urging the Thirteenth Legislature of the State of Alaska to fund the supplemental municipal assistance bill which will permit the City of Kenai to carry out the Legislature's original intent to permit that money to be used in the General Fund Budget for the sole purpose of reducing the mill levy for local taxpayers and to 1 continue and maintain that low levy; and further, that immediately after the adoption of this resolution, the Clerk of the City of Kenai shall mail copies thereof to Governor William J. Sheffield, Senators Don Gilman and Paul Fischer, and to Representatives Hugh Malone, Milo Fritz, Bette Cato and Vern Hurlbert; in addition copies of this resolution be sent to the Chairman and Vice -Chairman of the Senate Finance Committee, ! Senators Don Bennett and John Sackett and to the Chairman and Vice -Chairman of the House Finance Committee, Representatives Albert P. Adams and Robert Bettiaworth as well as Alaska Municipal League. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of March, 1983. Ronald A.-Mal_s�on; Flayor ATTESTS Janet Whelan, City Clerk C.U. sent to N/A oil [,.Igo .L of�� _ C.O. approved by N/A on CI S CHANGE ORDER NO: 8 Project Kenai Gym Initiation Date 3/4/83 Contractor $lazy Construction City of Kodai 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, change in completion schedule, etc. Increase or (Decrease) 1. One extra floor socket & volleyball standard furnished and installed 675 2. Door and sheetrock under stairs - furnished and installed 490 This is for confirmation from Council. This Change Order was approved administratively because of a time frame necessity. rrt!�.;,,,-;..,......�CtC ..... y .. �.:r ......_...................... ................ .......... .... ............................. _ T3.........00W................................... Net change in contract price due to this C.O. 1$1,165 CHANGE IN CONTRACT TIME Original Time 330 days Previous C.O.s 0 This Change Order 0 Revised Contract Time 330 slaws MANGE IN CONTRACT AMOUNT Original Contract Amount $699,200 Previous Change Orders 74,136 •this Change Order 1,165 !'.wised Contract Amount $774,501 (JtxAUM) (Above) is full justifi%atlnn of each itch on V,8s C.41. including its effect on nperation -ind rnintenanca cost9. This C.U. is not valid until ::lyned by both rise Owner and I-4ineer. Kenai l'icy Council his to approve .911 C-0•+• Contractor's signature indicates his agreement herewith, in.ludinp any adjostr4ent in the Contrroct sun or Contract time. By _ �� HV By F LnG eer Contractor Owner D-i t o Date Suggested by: Administration CITY OF KENAI RESOLUTION NO. 83-36 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE GYMNASIUM CAPITAL PROJECT FUND. From: Land <$1,165> To: Construction $19165 This transfer provides money for Change Order #8 to the Blazy Construction Company contract on the gymnasium construction. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of March, 1983. Ronald A. Malston, mayor ATTEST: janet Whelan, y er Approved by Finance: C.U. sent to �d- 6A on Pape of L C.O. approved by A114N on CHANGE ORDER N0: g f Project Initiation Date 3111193 !�'1 - v Contractor +.csr City of Kenai, ::You are hereby requested to comply with the following changes from the contract plans and specifications: `gs r J r Item No.. Description of changes - quantities, units, ..unit prices, change in completion schedule, etc. Increase or (Decrease) . TJW- - Net change in contfact price due to this C.O. CHANGE IN CONTRACT TIME Original Time 330 Previous C.O.s /J This Change Order 9 Rer"ised Contract Time .3?0�~ y� CHANGE IN CONTRACT AMOUNT Original Contract Amount vff" too � Previous Change Orders �%ir, 13 4v � This Change Order . /&S +!evised Conmict Amotint 177'Yi 5-0t h l (dbovol Is full loseification of oath iten on ghl< C^ including its offeet on oper.Ltion and Maintenance costs This C.O. is not valid until signed by both the Mner and 0--gineer. Kenai Citv Council has to approve ail C.O.s. Contractor's signature indicates his agreement hurewith, including my adjustment in the Contract sum or Contract tiro. I ~ I ' By ByByEn;inccr Contractor t:ner j Date Date Date i f t - I 1 r I I f� `..4P .... .......... Helvoraon, Inc. - $5,2T5.91 6. Gym - Change Ordor A7 - Blazy Conat. - $6,650 7. Diecuaaion - Security Syetem for - Roe Center H. REPORTS 1. City Manager 2. City Attorney i. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7. Harbor Commission B. Recreation Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 2 j .4 a �ii`�?s�F;�iot�.'•s".•3FsryMnri6�f��i,� f KENAI CITY COUNCIL, REGULAR MEETING, MINUTES MARCH 2, 1983, 1sU0 PM KENAI CITY ADMINISTRATION BUILDING MAYOR RONALD MALSION PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents John Wise, Ron Malston, Tom Ackerly, Sally Bailie, Ray Measles, Tom Wagoner Absents None A-1 Election of New Council Member (Notes Changed to Appointment of New Council Member, per request of Councilman Measles. Council agreed to the request. MOTION: Councilman Measles moved, seconded by Councilwomen Bailie, to appoint Betty Glick to the Council seat. VOTE (Peseed)s Yee: Wise, Malston, Bailie, Measles Not Ackerly, Wagoner Clerk Whelan administered the Oath of Office to Mrs. Glick. A-2 Agenda Approval a. Mayor Holston asked that Bob Bielefeld be added under item 6-2, Persons Present Scheduled to be Heard. It. Mayor Holston noted item G-5, Airport Terminal Ex- pansion, had an amendment submitted this date. Council agreed to the agenda as changed. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Carmen Gintoll, Architect - Jail Expansion Schematics Bill Kluge of Mr. Gintoli's office, spoke. They have made schematics for the proposed jail expansion. They did not feel the addition should be next to the City Hall. Problems aces a. The reception area is too small. b. The Dispatch area should not be in contact with the public. C. A conference room should be added. d. The present jail cannot be altered, it is cement. They proposed doing away with the old jail, and it be located on a different site. Inglewood S/D behind B&C and Trading Bay. They felt Trading Bay was better, it had access to the Court House, would have adequate day light (this is required). There would be 3400 eq. ft. on the new addition, the motif would be carried forward into the new addition. Scheme 1 is $5,OOO,000, Scheme 2 is $5,000.000, Scheme 3 is $972,500. Councilmen Wagoner said Council did not ark for this. Mr. Kluge explained they had worked closely with Police Chief Ross, they tried to get it on the existing site, but they felt it is not advisable. Councilman Wagoner said Council did not ask for remodeling and expansion of existing facility. !Thief Ross explained, ;f, . Kenai City Council March 2, 1953 Pego 2 at the time Dept, of Public Safety asked them to look into an increase in the facility, he said he would consider only the needs of the City. An architect was required to consider 2 plane - one floor and two floors. Half way through he could see it could not be done. He told them they were not authorized and would not got any more money. They said they owed us another set of drawings. Council- man Wagoner said the State hoe asked us to expand the jail, if we build another facility down the street, he did not think the State would go ahead. Chief Ross said Mr. Gintoli has gone ahead with the plans at no cost to the City. Councilwoman Sallie asked, if Wildwood facility is built, what are our needs? Chief Ross replied, the City is con- tracting with the State for minimum security. These plans are on hold till the State decidee. Councilwoman Bailie asked, what is the difference between the $300 sq. ft. ex- pansion and $100 eq. ft. addition? Mr. Kluge explained a a jail facility requires more security, an addition to Police does not require as much security. The interior will have to be concrete block. Councilman Wise asked if it was Administration's intent to put the renovation on Capital Improvements Project list. City Manager Brighton replied, he had talked to Chief Rose, he thinks it is necessary. Councilman Wise said the jail will be abandoned whether we close the Kenai facility and combine with Wildwood or expand the present facility. Chief Roos replied at the time the jail facility moves out, there is renovation we can do. B-2 Bob Bielefeld, Airport Leased Land Mr. Bielefeld, Kenai Aviation. He put a proposal to the City indicating a willingness to lease lend on the airport north of the Tower, on Willow Extended. He hoe not heard a reply. He would like to add a building to do mainten- ance. He is closed where he is now. He is not asking for City expenditure, except an appraisal. He would be building on about 10* of the area. He would clear the land himself. He asked for a reply by the end of the month. City Manager Brighton said he acknowledged receipt of the letter, but based on the lack of water 8 sewer and access, he felt he could not answer and sent a memo to Council. He has not heard from Council, it will be City expense. Mr. Bielefeld said a taxiway would not have to built by the City but a road may have to be done. Mr. Brighton said at this point we can go to Public Works Dept. to got cost figures. Air- port Manager Swalley said he and Mr. Bielefeld discussed the problems of water 6 sewer, access. The major problem is access of aircraft to the system. This is the only place Mr. Bielefeld can go at this time. He would be blocked off during the period of construction, but that could be worked out. Mr. Brighton said they would work out calculations on access and appraisal and bring back to Council. Mr. Bielefeld said a taxiway does not have to be built, a gravel ramp is there. C. PUBLIC. HEARINGS C-1 Ordinance 839-83 - Amendinq Kenai Municipal Code - Uniform Bulldinq Code MOTION: Councilmar. Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. n r Kenai City Council March 2, 1983 Page 3 There woo no public comment. Atty. Rogers explained, the 1979 Sign Code is used now. This will serve as an update till we amend. Motion passed unanimously by roil call vote. C-2 Ordinance 840-83 - Amending Kenai Municipal Code - Council Ratification of Purchases & Disbursements MOTIONt Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment Motion passed unanimously by roll call vote. C-3 Ordinance $41-83 - Amending Kenai Municipal Code - Limit- ing Number of Beverage Dispensary Licenses MOTIONS Councilmen Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Ordinance 842-83 - Increasing Rev/Appne - Lake, Marine, Granite Pt., F.B.O. - Road Water & Sewer, Street Improvements - $32,0O0 a. Substitute Ordinance 842-83 MOTIONt Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the ordinance. MOTION, Amendments Councilman Measles moved, seconded by Councilman Wagoner, to emend the ordinance with substitute as submitted. There woo no public comment. VOTE, Amendment (Pesaed)s Voss Wise, Ackerly, Rollie, Measles, Wagoner, Glick Not Holston VOTE, Main Motion as Amended (Passed): Motion passed unanimously by ro►l call vote. C-5 Ordinance 843-83 - Increasing Rev/Appns - Thompson Pk. Streets - $55,00O a. Substitute Ordinance 843-83 MOTION: Councilman Wagoner moved, seconded by Councilman Wise, to adopt the ordinance. . 1 �I L Kenai City Council March 2, 1903 Paqo 4 MOTION, Amendments Councilman Houston moved, seconded by Councilman Wagoner, to amend the ordinance with substitute an submitted. There was no public comment. VOTE, Amendment (Posoed)s Vest Hine, Ackerly, Rallis, Meaning, Wagoner, Glick Nos Malaton VOTE, Mein Notion es Amended (Paoned)s Motion passed unanimously by roll call vote, C-6 Ordinance 844-83 - Increasing Rev/Appne - Spruca, 2nd, 3rd - Water, Sewer 6 Streets - $44,000 a. Substitute Ordinance 844-83 NOTION$ Councilmen Ackerly moved, seconded by Councilman Resales, to adopt the ordinance. PUBLIC CONMENTs Ruby Coyle asked, why are the substitute ordinances being submitted? Mayor Holston explained, In the pest we have always used our own Capital Improvement Monies for engineer- ing, the substitute says we are using left over Legiolativo monies for road projects. NOTION, Amendments Councilman Meaalee moved, seconded by Councilmen Ackerly, to amend the ordinance with substitute so submitted. VOTE, Amendments Vast Wise, Ackerly, Bailie, Measles, Wagoner, Glick Not Halaton Councilman Wise sold he would vote against it. The rationale is to complete links. Spruce St. hen 2 houses that are not served by sewer, one Is not served by water. He didn't one why we should spend this much money on this type of project. It is oubsidizing large land owners, VOTE, Hain Notion so Amended (Paooed)s Voss Nekton, Ackerly, Bailie, Hesales, Wagoner, Glick Nos Wine C-7 Ordinance 845-63 - Increasing Rev/Appno - Airport Main Apron Extension - S140,000 HOIIONs Councilman Measles moved, noennded by Councilman Wagoner, to adopt the ordinance. There was no public comment. al L._ , Vella 1'1ty Corm(11 Narrh 'l, ifp0 f Poole Colne►imnn Nnrotinnr 'biked, elnaa i,ha project le onflinnnroA wFrero wi t l tflo money aemo from and project lung of 11 "a have to (#lilt? City flnntiflar 0rlfohtosp repifnd, he didn't, knon, the Govarnor wont.cd worker"tidy pro,jncto, No are tryin) to fgot Intel the Govorn►r'a huriflnt, it 10 not. fit thlo tiolo, ihny will not even een"idor it, if it, lit ant loitered, He bnvn an MAP application an tilt@, Councltman Nngonor flood $1401"(10 In if lot of (nanny to put Into nn)inear iflit and put, off the nbe l f, Co foe ( I noon Nina "ak►ld, WOOL, wall the lit Ot an an all AVAV proponoluY Airport Naoerinr 0,Wnlley noid, on currently have 2 'nip "folm (jubmitt,od, 0"o oaf) ,juflt appnlpe rioted at the loot meetifm ramp overlay find itinaro"t parking, lion beef) nine" 1179, the "Cher, a(etonnion o1 the t,osiony, hall heart ainrn 1900, On will put to hill on ton A1tAp fending projeeto, ilia maohinery roflunotad In 1979 woo lowered in priority, Councilman Won noted the fAA ban Kann ro uirad to gat /undo, who" will they /too? Of 4walloy replied# we Mould flat rotation, about Juno 1, Or, llrighton addod, the Gtato hag oiotnool off on both pro,jeeto (evarloy and Itinerant parking), Ng vote abort on itiontant parkin/ find have ragnnotad $90,000 dioeration ry money, it one 617oeatod lot airport, It to an approved pro,jont. Counollmon Nine asked, reaardinq tho 0 canto o gation hilt, there wan AbAV 1904-06 funding, Am we gottinq any monoy9 Or, Orlrylfton replied, that Ono not been relaaand at title ►,ime, It ahould eon@ in thn next h montho, t/ It eamoa we eon make up the dlfforooeo on the ahortfoli, CoaricIImail Ackarly noted $140,000 for anijineertnfl in a tot of money, Or, Brighton "aid the project will finat $2,9 Million to $2.1/4 Million, It in our only ef►owa to flat the menny to do the pro,jeat, Oofoty, ftah funulin , additional room for oommeree and to ape" up oAditlonol oat@ are tho r0000nn, counaliman Niao naked if on were to produce thn, acope, would there ba a major proolomY Mr, Brighton roplt@d, it would have no bogrinry on whather Clog Governor gave it to (►o, VOiF (panned)$ Ymos Noloton, Aekorly, 0oilia, Monition, Wagoner, Glick oos WOO C-0 H000lution 03-21 o fiequooting ftoraufldr Aanamhly Onlnfloto lotting Powera to My N0110G$ Councilman Wagoner movad, noanr►dad by Councilman Nnoolna, to adopt the ordlnancc, P00tle CONNENis 1, ftnby Coy)e, folio Won loft/ere Couffell teen ihnn of year afro, palolic hea►f"flo "Oro? 11e14 fled pfofcnolonn) 1,60. imnny waft fgovon by lion Onflt, Title 29 fleyfl ph/ may fps turned over to the City if Cola City winbnl to telea it,, lion Borough may toke it bark, ;tin didn't, thlok we al(oa1(i do thin, iioe 0aroa(h t►afl ciald they Will only (give toning, ihny aloe aafd tipoy would not pay any port oo, the /fnanr;ing, lion r,ititnnff a/ Venal pay tit" finrma n(naont to the (inroagh, field it in t,hef► oblltoetion, Nioy 'lioolld wit pay the 1410r000th to do tile pionpinrt for all plgcgg and than for the City,? Ne will pay 2 timeu, If we toot nenthar 01ofonrll, unyor, he mold OoPf► #! r►way traC, Ufl, It will rpgt goo rulee y, !;town,; i Imfp" Hf1,)000111r aald tiff Vita(# there nrfr prnblerm with l'lfit. 0,0111f) pinr '•.�i�7�rlurrV�r,/eNia:nri�r.+v/;�I�9hrir�;,Y�j • r "�:Fii A4�i6!1f AilP6/�i?fMlS.iwf. /1/ �lAl ,,:) Knnal City Cn1in,•11 "arch 1, 1903 Pogo to .roniog, but tilt hr►a probtema nitt,inrt on Counntt Nhon Ma City P67 to only advtoory, Marc Oro 14 people fin thn Anoombly that are cat ronidonta of Knont thnt mako dnnln►ona abort the City, We ohould make on attOmpt to got the Panora hunk, it would not coot too that mach for zoning Only, Counoilwamnn M I LO acid oho ►.nikod to the planner to "omor, they ago antialLnd, The time factor III better, In Namor, they douhted the Borough will take It back and Oro willinq to live with it, They alga did not think It wo►►td coot that muph, fire. Coyle naked, how long hno "nmor had thoon pow@ra? rouncliNnmon Rollin ropliad, once loot oummor. Aloo, the Plannor Nag net hired no Plannor, but an A0,iniotrative Aeot., an it did not monn a now poultice. "ro, Coyle cold afie out on PH an the City and the Borough, ffhn anttd not romomber a time when the Advionry Comm, WOO turned dawn, it did lake longer. Ilia nuked that Na take out the tgonOlor Pawnee from Title 29, and reguirc the Cities to he paid. Councilman Nine augpeated a financial impact otetomont, Councilwoman (click sold "Oyer Thompson had gold help woe avail- able, We had help from the Rarough in the pant, Obe boo requnol,ed a Oarnugh roanliotion for oubmittal to the togialature amonding Titlo 29 that when h if paNnro Nero trnnoferrad, they cannot be arbitt'artly withdrawn unl000 the City agreoo, Councilman Wagoner anted the more cit,lon that take bark then@ powero, the Leon chance it will he taken bank, VBTK (failed)$ You$ Bailie, "eaoloo, Wagoner Not Nino, "nlaton, Ankoely, Glick Councilman Nine nuked for a financial impact otatemont, Council @grand to put it off, C-9 Benolution 01-22 - Trotoofor of fund@ - federal Revenue gharlori - ffalntonanee Agreement on S Nord Procenoora NOTIONS Caancilmon "000loo moved, accondod by Councilwoman (clink, to adopt the r000lution, Councilmon Nogon@r naked if thin woo far maintenance through Juan 30 Of from the time the warranty would run out for 12 month9? Councilmon Nagnner avid if thin in for non year, it ohould #III paid through lane 30 and than have an the name period an our floeol year, finance Oireelor Orown woo not pr000nt, NOTION, Pnatpon@Monts Councilmnn Nagnr►or moved, oerondnd by Coo►nrilmon Arkerly, to table hill the newt meeting. Hutton pnrs(sed by sill anlronea ronnnet, City Ns►ongRr Oright,►n wife) ngkod to filtd not end report fit the nrsxt. meeting, POI—'1 �p�.�r.,aww �j,Vl�t�y.:r��G.•,.Ev.,,� Knnni City Council March 2, 1903 Pngs 7 C-10 Resolution 133-23 - Award Rid for furniture at Senior Center. Yukon Office Supply - $10,536 NOTIONS Councilman Meaning moved, seconded by Councilman Ackerly, to adopt the resolution. There wan no public comment. Public Works Director Kornelia said he had no problem with this, but if both Ora approved, they will have $21,265 left for any future change orders or paving. Mayor Maiston Ooked, it this the total for furniture and fixtures? Senior Citizen Coordinator Porter said, even with $10,000 for furn- iture, there woo name money transferred at loot meeting. There to about $0,000 left for furniture that would not be e change order. She did not anticipate any further change orders. Completion date is March 21. There will be more furniture purchased, but they will hold off. Mr. Gintoli gave her an ontimate for paving, it would be about $15,000. Motion poaood unanimously by rail call vote. C-11 Senior Center - Change Order 03 - Cordova Conet. - $6,052 a. Resolution 83-24 - Transfer of (undo - Senior Center, Change Order 03 - $1,615 C-11 Resolution MOTIONS Councilman WOgonOr moved, seconded by Councilwoman Glick, to adopt the resolution. There woo no public comment. Public Works Director Kornelio explained, there woo money left over in construction account, that to the reason for the 2 different figures. Nation passed unanimously by roll call vote. C-Ile Change Order 03 140110Nt Councilman Wanton moved, seconded by Councilman Wagoner, to approve the change order. Councilman Wagoner asked about item 03, Washer h dryer. Senior Citizen Coordinator Porter explained, when they bplanned utlefttit out.builShincluded e currentlydoesaallsher A the washing drying. She doe* not think it in her responsibility and the now Project Director may not do it. They use a lot of lineno. Thera I* money left and they decided to une it. Councilman Wagoner ouggootod they send it out. He asked about the location in the, crafts room. There could be plumbing problems any plane it in put,. Mrs. Porter replied it to in the crafts room hecauso it won againat the Health LOW to put in the kitchen. The anti -room is outs1,1p,. Councilman Wagoner asked if it would take much apace, in the crafto room. Mra. Porter replied, it ig a atackyble unit. 1 t r....=,. ..2.. __ - ' — a' - _c..-'�.:..x__- _ =-'_!c'--S 1�"! �9�� yl�l�" Imo—==✓ Kenai City Council • March 2, 1983 Page 8 VOTE (Paeood)t i -M&"h4 Veal Wise, Maleton, Ackerly, Bailie, Measles, Glick i Not Wagoner . 0. MINUTES 0-1 Regular Meeting, Feb. 16, 1983 Council approved the minutes as submitted. E. CORRESPONDENCE None F. OLD BUSINESS None y I • ::tS?it»,S•�iS.; '... 1i.71' :r`.s Y , - t-. r ,^.`� •. G. NEW BUSINESS - " - .- -.. mow.. +'R .: •• . .. • G-1 Bills to be Paid, Bills to be Ratified MOTIONt Councilman Wise moved, seconded by Councilman Measles, to :,-i••-�:,.,.;: approve the bills as submitted. -- Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 Mayor Holston noted G-1 had been distributed 2 times, item t G-2 had not been Included. G-2 was distributed this date. MOTION t i t Councilmen Wise moved, seconded by Councilman Wagoner, to approve the requisitions, deleting the word processor, as action on this item was postponed to the next meeting. Motion passed unanimously by roll cell vote. G-3 Ordinance 046-83 - Increasing Rev/Appno - Relocation of Security Fencing around FRO S/0 - $37,500 J - z I �sr��,rr rAq,tgw,R p�.,b„rr,y _ MOTION t f � Councilman Measles moved, seconded by Councilman Wagoner, " to introduce the ordinance. Motion passed unanimously by roll cell vote. j - '--"� G-4 Ordinance 847-83 - Repealing h Re-enectinq Kenai Muncipal Code - Adoptinq Borough Code for Levy and Collection of Sales Tax : MOTION: jCouncilman Wagoner moved, seconded by Councilman Ackerly, f• to introduce the ordinance. t t � R 1 f Aga-:.::a•S:i?i:'•�d.^ .=! i tit t Kenai City Council March 2, 1983 Page 9 Councilman Wine asked that it refer to the Borough Code. Atty. Rogers explained, that was the problem before. It did, and as s result it became outdated. If they change anything then we are not current. Motion passed unanimously by roll call vote. G-5 Airport Terminal Expansion - Change Order 02, Halvorson, Inc. - $5,215.91 MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to approve the substitute change order for $15,096.98, submitted this date. Councilman Wagoner said everything in here should have been designed in the original facility. Public Works Director Kornelia explained, on 03, they noticed there were no extension plug -ins except in one place. They thought it was desirable for the planes when it wee cold and for Air- port Manager Swelley's truck. On 04, ceramic tile was only on one wall, they asked Mr. Gintoli early in the project for this and he has followed through. 01 S 02 were in the original packet. Council agreed to discuss later in the meeting when Mr. Gintoli was present. G-6 Gym - Change Order 07 - Blazy Conat. - $6,650 MOTION: Councilwoman Sallie moved, seconded by Councilman Measles, to approve the change order. Councilman Measles asked why there was a viewing panel In the racquetball court. Recreation Director McGillivray explained, the court used for beginners will not have one. They have had requests for observation for tournament play. The viewing area could not be put above, that would be in the teen area, and would not be practical. He added, the Recreation Comm. had money from the State on Capital Im- provements, they have hold off to wait till the construct- tion was almost complete. Councilman Wagoner noted the floors in the existing area will have to be re -worked. Notion passed unanimously by roll call vote. G-7 Discussion - Security System for Rec. Center Recreation Director McGillivray explained, there is money available in the original Recreation Center fund. It would have to go out to bid. there would be tremendous cost to repair or replace the equipment. Bob Downs, Southeentral Security, spoke. He explained It can be hooked up to a home. It is similar to the one in the Senior Center. It will cover the whole gym, and has battery back-up. Chief Ross said he is lookinq at a system that will be compatible with the new system so they will all work together. City Manager Briqhton noted Council has looked at a system for the Senior Citizens Center, the Library, and now the Rec Center. There is more valuable equipment in City Hall than irl all those together, this has • o• 0 Kenai City Council March 2, 1983 Page 10 i not been addressed. Councilman Wagoner said vandalism is more of a problem then theft. Mr. Downs explained it will not be a power alarm, nor a fire alarm, but it does sense rapid heat changes. MOTIONS Councilmen Waqoner moved, seconded by Councilmen Ackerly, to direct Administration to proceed with a bid for the item and bring to Council for further action. G-5 Airport Terminal Expansion - Change Order 02 Architect Gintoll arrived at this time. He explained none of the items are required. Item 01, this would put receptacles on the counter. Councilwoman Bailie said she talked to Anchorage airport and they have theirs on the floor. If anyone wanted them on the counter, they did it themselves. - Mr. Gintoli reviewed item 02, track lighting. This is also not a necessity. Mr. Gintoli reviewed item 03, outside electric receptacles. • There are no outlets on the south end and the Airport .: Manager does not have one for his truck. This is oleo not - a necessity. Councilman Wagoner asked about the $120 cost per outlet. Mr. Gintoli replied, the cost is $60 for exterior and $120 for interior. They proposed 4 outside and B inside. The sheet rock 1s hung, but this would not affect this. Mr. Gintoli reviewed item 04, ceramic the on toilet wells. • The toilets were designed according to Code, because of budget restrictions. This would put tile on all the walls. It is not a necessity. He added with these items, it would leave over $100,000 in contingency. Councilmen Wagoner said ceramic the would cut down on the vandalism. With item 01,if the users want receptacles, they can put in their own. With item 02, tract lighting is not necessary. Council agreed to vote by item. • Item 01, Counter Receptacles: '. MOTION$ Councilwoman Bailie moved, seconded by Councilmen Measles, to approve the request. Motion failed unanimously by roll call vote. i Item 02, Tract Lighting: j MOTION: Councilman Wise moved, seconded by Councilman Measles, to approve the request. VOTE (Passed): Yes: Wise, Holston, Ackerly, Bailie, Measles, Glick No: Wagoner Kenai City Council March 2, 1983 Page 11 Item 03, Outside and Inside Receptsciea: MOTION: Councilman Ackerly moved, seconded by Councilwoman Sallie, to approve the request. Atty. Rogers said he is a pilot, an exterior receptacle would allow transient planes to hook up. He suggested when transient parking is expended, an underground line be run. MOTION, Amendments Councilman Measles moved, seconded by Councilwoman Bailie, to amend to exterior receptacles only. Mayor Holston noted it would be cheaper to put in now than later. City Manager Brighton explained the exterior receptacle for the Airport Manager was requested because hie vehicle site outside all the time. Airport Manager Swalley explained the inside receptacles were requested by one of the Station Managers. VOTE, Amendment (Passed): Yeas Wiest Ackerly, Bailie, Measles, Wagoner, Glick Nos Holston VOTE, Main Motion as Amendeds Notion passed by unanimous consent. Item 04, Ceramic Tile on Toilet Wallet MOTION: Councilman Wise moved, seconeg4 by Councilman Wagoner, to approve the request. Councilman Wagoner asked if it would be better to have stainless steel in the bar bathrooms. Mr. Gintoll re- plied that is the responsibility of the bar manager. He added, regarding tha question about the location of the bear, fish 6 Wildlife and National Park Service will use the bear in conjunction with the montage. Motion passed by unanimous consent. Mr. Gintoli said there were additional change orders, they would like to aide the entire building the some as the addition, in metal panels. They oleo would like to replace the boiler in the existing building. Public Works Director Kornelis noted the existing stucco will not even be painted with the job. Mr. Gintoll said the direction at the time of design was to get the High School to re -paint. He was instructed only to maintain the Integrity of the existlnq building. He could get the coat of re-paintinq or finishing the same as the new one. Council agreed to Mr. Gintoli's proposal. s j ` •;r�t:�?i:=�sTz�Jkii�l�3ll6N� f Kenai City Council March 2, 1983 Page 12 H. REPORTS H-1 City Manager City Manager Brighton spoke. a. Regarding the Harbor Commission memo in the packet, regarding the Coyle's land. He would have recommended no if he had been there. We have no control over this land. b. He reminded Council of the Bd. of Adjustment hearing on the Redoubt variance request on March 7. C. The FAA has► contacted him regarding the Flight Service Station proposal. They will be here March 15, to look over the proposed sites. d. The trip to Juneau was reported in the packet. e. in the last week, he was in Juneau with Municipal League. Administration and Legislature are at logger- heads, Administration Is trying to administer some new programs, the Legislature is objecting. The House, Senate and Administration have taken 1/3 of the budget in the pest, Administration has submitted $218 Million fi without input from the Legislature. The Legislature _ has submitted a $25 Million additional supplement for Municipal Assistance, $16.1 Million was submitted by the Governor. It will be a few weeks before things start to jell. There Is nothing In the Capital Im- provement Bill for Kenai, this is the supplement, not the Governor's bill. The local Legislators have been very helpful. But the only majority member is Dr. Fritz. There are 3 bills important to use 1. Prohibiting Lobbying without registering fo: Municipalities. 2. Utility companies would force us to pay relocat- ing costs of utility poles on any project funded by State money 3. Elimination of sales tax on food. This would mean about 4.5 mills. It is difficult to argue against, but it could be used to eliminate Senior Citizens, energy costa, otc. Pretty soon ynu have nothinq ynu ran tax on. He felt local City officials can select the beet ways to collect money. He has sent letter of objection, if Council has any problems, please let him know. f. A supplemental DEC bill was introduced for $25 Million. At the present time, we have been able to get Linwood, Candlelight, McKinley, Evergreen, Haller. It is S1-1/4 Million we did not anticipate, without any Capital Improvement monies in the Governor's budget, we have to rely totally on the Legislature to fund for the City. There Is nothing funded north of Anchor Point. Councilman Wagoner said, regarding the sales tax on food, Washington State took theirs off and had to put it back on again. He would like a resolution to that effect. Councilman Wise ouggeoted a resolution on all 3. Council. �i u I' Kenai City Council March 2, 1963 Page 13 man Ackerly asked, why did the Governor leave us out? Mr. Brighton explained, the Governor didn't put the budget to- gether. He added, we have complied with ovary request they made, we had to submit to appropriate departments, but Homer and Seward hired lobbyists who ore nronten of the department heads. They don't need the Governor's ear. Right or wrong, that is the way it ie. We have to continue to communicate. Someone has to he there, they went to have consistency. It to his intention to go beck but to keep in touch also by phone and letter. Councilman Wine naked if we are excluded from the 1984 budget and supple- mental. Mr. Brighton replied the 1984 budget has not come down yet. Councilwoman Bailie asked, whet needs to be done on the library. Mr. Brighton replied, the schematics have been done. He told Health h Social Services it to ready to go. There were 3 Harbor Commission members there who saw department heads and Legislators. g. Councilman Wagoner said he hoe watching the Ouandt property, there hoe been no progress. Is there ^- - - -- - - anything we can do to get it started? Mr. Brighton replied, DEC wee trying to enforce the leans on the basis of the City zoning code. they served notice, there was no compliance. They turned It over to the Attorney General's office, if they cannot get compliance it to the Attorney General's problem. H-2 City Attorney Atty. Rogers spoke. a. He asked if Vic Tyler could speak to Council. He has distributed a memo regarding this. He explained Mr. Tyler wanted to use lend for a down payment, or use It for collateral. Atty. Rogere opinion woo negative t. on both requests. Mr. Tyler spoke. He said the acquisition of City lands through purchase for private bueinese, with 10% .. Internet shows the City is trying to develop business. But If he cannot give the tat deed of trust to the bank, he cannot get it. He hoe an option to buy at $3.90 eq. ft. If he exercises his option, he cannot ' develop unless he pays off. $1/4 Million financing in the bank to 14%. 10% money and a 20 year pay-off is useless. Anyone who buys to just speculating. It will cost $200,000 additional for Schilling to develop, $4,100 It a month coats. would be $3 to $4 a ft. for operation the size of Arby's. He has to go with a tenant he is goinq to secure financing, then buy after — - - subordinating the lease. They cannot issue a contract because they have a subordinating lease. He offered to post a performance bond, he has offered a large -- insurance policy. Mr. Brighton explained the Code says we can lease property. He can take a lease and go to the bank and gat financing. If the bank fore- closed, they would still have to pay us for the lease. On a sale situation, if we sell to him we take the lot position. Then the bank won't finance. If Mr. Tyler lesson and gets financing, then he can come back and buy. He wants to buy, not lease. Mayor i Malaton noted It is the intent of Council to sell, not to lease. Atty. Rngere explained he addressed f the narrow problem, not tha whole thing. It had to i j� 1 � i � • 1C :•.y i- " ' 1' ice' o _ - 1 , it I I V i :i 4 Kenai City Council March 2, 1983 Page 14 do with oubntitutinq cash for land and autintitutinq Of collateral to free up land. There to no prevloion in the Code for what he wants to do. Mr. Brighton said Mr. Tylvr'a only alternative to to go ahead and leans, got financing and then buy. That takes him out of 10% interest and 154. down, and possibly the number of yearn. Atty, Rogern added we and up acquiring other lands, that to not what Council intended to do. Mr. Tyler explained the trade won an idea he had hoenuoe of the location. Councilwoman Glick noted the Compro- honoive Plan adopted several years ago allowed uo trade of lands, but referred to wetlands. Councilman Nine suggested amending the ordinance. Mr. Brighton said Council adopted the ordinance with Caunnil taking lot mortgage. The Council could amend the Code that under some clrcumotaneoa Council could take 2nd mortgage. 4 Mr. Tyler said he would pledge hie warehouse no ! collateral along with the City no they would have a 2nd on the main. No just needs the title to take to the bank, the bank would have lot, the City 2nd NOTION: ^�fu 1 In wo.. .. Councilman Wise moved, seconded by Councilman Ackerly, to Instruct Administratiu:, to proceed with an appropriate ordinance regarding 2nd deed of trust or collateral acceptable to the City and move pool hoot@. Atty. Rogers said the Council has the power, but he did not know if they had the right. When you @tart taking 2nd and collateral, especially with airport land, there will be 2-way swaps between general fund and airport fund, r He did not think it would be proper. You will have to buy improvements back at foreclosure naive at oub- 1 atenttal price. Secondo create problems, and what will Council do with those who have purchased under the old I Coda? Councilwoman Glick said the Ordlnonce woo devel- opod with recommendationo from the financial inetitu- tions. If we do on a coo@ by case bents, one may be good, the next may not and too could have a diocrlmi- notion suit. We should also consult financial in- atitutiong. Councilman Wine said only when we get lands on the tax ratio are we going to grow, Council- man Wagoner cold the lend wan given to us by the fed - oral Government, to property thot holongo to the City --asr.,,r...,w,..ew••• «,�,.,,,at„ ,a of Kenai. We cannot take risks with it. Mr. Tyler void he had other wayo to go. It to just that the price to escalating so fast. It to getting out of the realm of small buoineoomon. He had thought of a mall, _ but it would be $90,000 at the beginning, then $2 to 63 Million for financing on Lind he may never he able to buy. Mr. Brighton ouggeatcd if the City amended the -- Code so they could take a 2nd if additional collateral worth 50% or gha let, it puts the City in a good position, Atty. Rogers said in private practice he insists an equal to the value of tndebtednein. MOTION, Withdraws Councilman Wise,with tangent of gecond, withdraw hie motion. �.0 Mayor Ralston ouggented Adminlitrat,nn r.ontin.ie to cork uat I a deal. 0 ra Kntor►i C r t y Cua,e; I i Nnreh 2, 1911 f 11aga 14 Notion II agrsto,i Of the olol►plr►i.Ion, `:' ► h, Atty, Rogstrn diotrihuted hog report, He asrplr►innd it, to hie peliey to aggngg gtfnrnuyrn (eua, oil hn in. niudad $10200 in ratio for Item #20 Cnnrogginn Of ylldgnmant, $In Wt l l ropert en Nornh Ili Oil Mill oat a (loinhfik land treda nnnrfq ontinn, ilia tope on the (nnat,itoq wan atolstn with l,ha rnlrordnr, Mr, (tnlohok afalmq minstral rifling, the (:ity ggg ()a,ya, fin wanke to 4.nap mineral r1rlhto Wior•e On City preggmahly logo toot hove thorn, Nn dill Nava to walk (or tit,in roporkes, "or(oq! Cna;lnilmon Nagonor movad, annonllnd fly Counnifwoman Make that i/ Ct+• done not have mineral right,", to allow r 11r, oolnhok if) retain mineral rightq at time of action, `�-,,,•',.. `'` ' Notion pauand by unanimaua ennoont, d, Ifa dill put a mean reratding !tom 09, Pb/nppolntmant, ►,,r�� In the Narnh It",penka�, a, It" tonatvoil a "all from onpt,, Corm, R1Rotily that there to too Nanny fill flopitof imptovameot pte,jento, 110 ttlollght On ahonld moot With ANY pnrgennnl down More, Public 101169 fiorentnr Kornolla said Pro 1ardial) the polehok land ag a p000tbtu onfirrrn of lltavol. ll,gro in no? into►. pfatatinu of grovnf heong mineral ifghto. Att,y, flogofq ropliad there ling boon a datorminntion by the Alogka liaparior Court taint It la material, not mfno►ul, N►, Karnalin nfited, that elnata up Cihdfind, $0.1 Nayor Nayor tlataton opoko, a, City Nanagor flef/p/t.nn will !;hair the ttareh i puhfie haarinll an the prepegnd Nlidweud jolt (aeili►y, b, Council doll have t,a (joiner a vies Nayor, ••4,..iwis•%s,.rt•s�i►re►,rsttryM • ,,,e�uyaw Nol Ulo! t'oln,ellmoo Nnrlonor movorl, genandstd by Councilman Ankoriyl to nominate l;mltoefimnn Neagleg fig V107e Mayor, Coaneilwoman 00111e anked that noaivationg he efogn4, Notion panned by orlanlWnae rongnnt,, Hail City Clorp �' CfnrV Nbninn apnbn, o, ldlnlatdinq the pnrit.iu,r lostn I±glge'l i/en In thepa"'Ort, ragowlLInq an wifinrpru»,rnt 0110r10, Nr, 111►n 10e8 waif he of l $ lost bw+ Hi t h it Izrrr 10 +ton es►gnn,l b/ +►►e t nn,l awnlrrq, �yzereui" . �'9 Konai Pity Council march 2, 1703 page 1/1 h, Regarding tho memo from kiln State CARA regarding appeal on the population numborg. There was only 1 Parana difference between the preliminary and final report, an Adminiat,rotion did net one any nnc000ity to on appeal, 11-5 Fianna" Director None 11-6 Planning R Zoning None 11-7 Harbor Cemmianion None H.O Recreation Commioo►on None 1, PERSONS PRESENT NOT SCHEDULED TO Of, HEARD Of Public Works Director Kornalie, The propoaalo on 4 projacto have been pa000d to the Public Works Committee, There in o largo difference in caste. He requeoted a work 0000ion of the Public Works Committee Hareh 4, at 1t0O PH, b. Councilmen Nenaleo said the City Services Comm, wen directed to make a recommendation for dedication of the Senior Center and a plaque to be placed. They feet rather then dedicate it to one individual, it would be better to dedicate the plaque itoelf. Then it done not not a precedent. There are so many people who have worked for the City we cannot dedicate one building to each one. There could bo more than one plaque for the building then. NOTIONS Councilman Wagoner moved, anconded by Councilman Aekerty, to direct Adminiotration to convoy o m000sgo to the Nayor•e Council on Aging to $lave a plaque instead of a dedication. Notion penned by unanimoun consent. C, Councilman Honotoo paid rogarding the Pioneoro (tome in Konoi. The Public Setviceo Comm. find a meeting with Rep, Nolan", Rnp, Ft/ts and con/er i'/tiinn Coordina- tot Portor. "to. Partor fine obtained information aecoaanry for prepaaat. City Nanagor Brighton cold the piano have boon given to flop. Malone, he osid it did not need opeaffir, logtolation hot juat to the dept. involved, They will notify ua. Councilman H000loo onid in order to otrangthen our poeition, they wanted to offer adjacent land. Hr, Orighton onid when we deeded the piece, we purchanad the a/Ze wo needed and to rrnollitinn on the adjoining real netnte, The "o arre3 inr,Ind�• the senior Cont at site, Cnunr,ilnan Haa31r•.a asked if there was a chance FAA would give it to the City ins►.nod of rseit' Hr. Or►ghten replied, fir; would axis, Councilman Neenlrte noted in ot,har ennrs3 whno on have anked, It awe a P Kenai City Council March 2, 19133 Page 17 City owned atructurna, thin to State owned. MOTION: Councilman M8001e0 moved, aeranded by Councilman Wies, to notify the State that the City la making available at no Cant, the land for the Pioneers Home. Motion passed by unanimous connant. d. Councilman WLoo said at the Dec. Capital Improvements Projects hooting, Council committed LtseK to conducting an investigation of sewage problema and oOlutlons for Thompson Pk. To dote, no such Investigation has been Initiated. HOTIONs ",� Councilman Wloe moved, seconded by Councilwomen 8eilie, to ,_..� �U.;; n�;;,,;•-; ; ; appropriate $00,000 to fund a Step 1 or equivalent EPA type investigation of Thompson Perk-Enot Kenai sewage problema. Said ordinance should also commit the City to applying for EPA/DEC funds. 75% and 12.5% of projOct respectively- b presented forconeideration/lntroducttoo onHach16, 1983the Council . Public Works Director Kornelic said Councilman Wise thought there woo a chance of an EPA grant. Engineer laShot has talked to officials and funds are not available. He has Written Keith Kelton for en anoaor in salting. He has not resolved one yet. Hr. Kelton has been transferred Into another agency. Mr. KornelLe called DEC in Juneau and spoke to Hr. Rayfield. He ,. assured Hr. Kornelie EPA does not fund Step 1 or Stop 2 grants. As of Dec. 29, 1991, Stop 1 and Step 2 granto were eliminated. Step 1 to facilities plan, Step 2 to design work. DEC will not fund Step 1 granto, only In design phase. There is a remote possibili►,y the City could got funds for Step 3 (actual work). There to a provision in the grant that allowance 10 given for previous work. It to a small percentsge of construction coots. In reviewing Thompson Pack, there to o remote possibility because It to for interceptor lines and sewer treatment plants. If we Aid subdivision In the area we could go to EPA. This to construction phase, not facllitleo phase. City Manager Ori9hton aid wertalking about areawhere O the peoplewantItand50% do not- For us tospendinoan area that will create civil war is not good. 2 studies have been done out there. Councilman Wine said Step i to a feasibility study, that in whet he aoked for. Hr. Orighton said if 75% had said they wanted it, It would be worth the $80,000. There are other areas we can provide improve_ mant Where we would not have to go through this. Council- man Wagoner oold the purvey could any anything you want it to. Rut it would he o waste of money. YOU would find lake too 0111311, coil conditions are wrong and systemo were Inotalled wrong. Councilwoman Glick noted the survey was for water 4 Geller combined. Nore people were interested in 0ewer than water. Maybe we r.ould look at communal newer system". VOTE (Failed)s Yens Nine, 9aslie,, Glick fins Nekton, Arkerly, Mea•tlpe, Wagoner i� P 4 -!�,tYlfbA-:7LY+'�1t:-s"f�6tM'MIYtsT.!�'RR+� Kenai City Council March 2, 1963 Page 18 e. Councilman Wise said the City is funding development of building lots suitable for moderat6/low income housing to further growth of the City. But we have few of what could be called quality building Iota. Most of that land is City -owned. We have had defacto title to Section 36 for 5 years and do not have a program for moving it into the private sector. He estimated about 420 ♦ building lots. He felt the most acceptable method of putting the lend into private hands is for the City to plot the entire bluff portion and install all utilities in a single effort. He estimated about $5 Million for proper development, platting, roads, water, sewer, storm sewer, street lights, gas, elec- tricity and telephone. This could be funded by G.O. Bond Issue put to the voters this Fall, with a one- time specific exemption from the Charter to enable all costa to be 100% apportioned to benefited proper- ties. Each lot could be assessed Its share of development coats on ratio of market value, at $12,000 per lot. Disposal of lots could be by lottery. MOTtONr Councilman Wise moved, seconded by Councilwoman Glick, that the City Administration prepare appropriate ord- inancee for introduction on April 6 or earlier to: r— L Call for a G.O. Bond issue of $5,000,000 to fund dev- elopment of Section 36 bluff assessment district to be 100% assessed for all costs as a one time exception to the City Charter with said question to be placed on the ballot at the next regular municipal election. 2. Provide %500,000 for engineering/Platting services for the bluff portion of Section 36 es a loan to be repaid by the assessment district on receipt of bond sale proceeds. Councilman Wagoner said he did not think the City should get into land development. tt should be put into private devel- opment. They should be able to make a profit. The value to the City to the houses on it. The City could hold 300 vacant lots for a long time. Councilwoman Glick said she took exception to that. Regarding Fidalgo, we caught flak When we put water 6 sewer, etc. in, but look at the devel- opment. City Manager Brighton said $1-1/4 Million sold in the area, the lost lot has been advertised and is closing March 15. It Is the teat lot available from River Access Rd. to the bridge. The City has withdrawn 5 lots across the street. Councilwoman said the City has been in the development business in putting in streets and utilities. She found a problem taking exception to the Charter. Councilman Wagoner noted the City had to develop Fidelgo because of restrictions, there are no restrictions on Section 36. Mayor Holston noted Council had not asked the new Land Manager about this. He suggested he come back to Council with a report. Council set a work session March 7, 1983 after the 8d. of Adjustment meeting. t F •Jz.s I ..... ii .. • - - - -_ _ -�—�v:. I..•.us.s.A..`-L�. L..'Y"'._. .. L'ii ... -- - Y:.wT 1 " 1 r) Kenai City Council March 2, 1983 Page 19 Land Manager Labohn said P8Z will set up a work session to discuss this. Mayor Maleton suggested PhZ be invited to the work session of Council. MOTION, Withdraws Councilman Wise, with consent of second, withdrew hie motion. f. Councilwoman Glick said regarding the Pioneer Home. A resolution was prepared for Borough support, it passed at the 3-1-83 meeting with a proposed amend- ment to delete all reference to the City of Kenai and that Soldotna was more centrally located. Tne amend- ment failed. It is on its way to the Legislators. ChRA, the Governor, and the House & Senate C&RA Comm. She suggested Council keep abreast of Legislative actions distributed by Municipal League. ADJOURNMENT: Meeting %ad/jjoouurnnee�d, at 100 AM. /39not Whelan City Clerk NIIIIII M CITY OF KENAI (?a pi l 4 41.al.4d" F. O. BOX $00 KENAI. ALASKA 99611 '- TELEPHONE 203 • 7535 PUBLIC NOTICE Notice is hereby given that Petition for Appeal to the decision of the Kenai Advisory Planning & Zoning Commission, February 9, 1983 has been submitted by Linda Munstermann and Al Henrickson dba Horizon Construction for Variance to the Kenai Peninsula Borough Code of Ordinances, Section 21.76.080 C Development Requirements (2-4) to allow relief from the set- back restrictions and minimum lot size thus allowing the construction of three (3) duplex townhouse style buildings located in Redoubt Terrace Subdivision Addition No. 6. Public hearing on this Peition for Appeal will be heard by the Kenai City Council, sitting as Board of Ajustment at a Special Meeting to be held March 7, 1983 at 7:00 p.m. in the Kenai City Hall Council Chamber, Kenai Alaska. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comments to the City of Kenai. City clerk's Office, Box 580, Kenai, Alaska 99611 prior to March 7, 1983. Janet Loper Planning Secretary PUBLISH: 2K February 25, 1983 March 4, L983 e KENAI CITY COUNCIL - BOARD OF ADJUSTMENT, MINUTES MARCH 7, 1983 - 7sOO PM KENAI CITY ADMINISTRATION BUILDING MAYOR RONALD A. MALSTON PRESIDING ROLL CALL Presents Ron Melston, Tom Ackerly, Sally Bailie, Betty Glick, Rey Measles, Tom Wagoner, John Wise Absents None SUBJECTS Appeal of Kenai Advisory Planning A Zoning Commission Regarding Horizon Construction Petition for KPB Code Townhouse Construction Atty. Rogers reviewed the procedures as set forth in his memo distributed this date. He explained the term 'de novel meant • from the beginning, so all data will be reviewed from the beginning. There are 3 things that must exist under the Codes 1. There are exceptional circumstances 2. Strict application would result in hardship :--y 3. Granting will not be detrimental Councilman Wagoner asked Atty. Rogers to define 'physical circumstances.' Atty. Rogers replied, that matter to an -� r interpretation by the Board. Councilman Wagoner asked Atty. Rogers to define 'practical difficulties.' Atty. Rogers i replied, that can include but is not limited to economic. �-- Councilwoman Bailie said in view of the fact that in the original hearing, she spoke against the variance, she should disqualify herself. Council agreed to the request. Councilman Measles said when this first come up, he did sign a petition, because he had difficulties with the zoning ordinance regarding size of the lot. But he felt he could make an unbiased :- - decision. TESTLMONYs 1-Linda Munaterman Horizon Construction The burden of proof es with er, s e e e packet she distributed at the loot Council meeting will prove that. She added item E-2 to the packet , distributed this date. Section A. There are many definitions of town houses, the most outstanding is it is a single family dwelling. A-2, density. They are attempting to build 6 single family dwellings within 200 front feet. The current zoning allows up to 20 units in 200 ft. frontage. She is not exceeding the allowable density with current zoning. It also says current units do not require one driveway. Their units have 1 driveway and 2 car garages. Regarding the letter from NBA, per. 3. Item 0-1. The Borough recommended approval, the Staff recommended it. At P&Z they were turned down 2 to 2, the only objection was the City is in need of a zoning ordinance to establish guidelines. She agreed with that, the problem is time frame. Item C, party wail, maintenance of exterior. Everyone who owns would have to sign an agreement. She pointed out items 03 and 04 regarding modification and maintenance of yards. She brouqht another set of plans. They have been reviewed by the Fire Inspector and the 1 f • ..•.,0�-.tH, il.!-.✓J'�1.Stf.t .�V,Mti`t'%iS.'i..s. Y%iJtil i Building inopectnr. Item E shows what the market to like. She asked Vern Frykholm for a survey. They are attempting to come to the highest and beat use of the area. Noting the statement that less than 4% buy $i30 000 + homes, if they put single homes there, they would coat $150,000. Regarding economics Town House - $125,000 (coat), $1,119969 per month $403,088.40 - Full Amortization Single Family - $150,000 (cost), $1,397.64 per month $503,150.40 - Full Amortization This is a difference of over $100,000. Regarding the 3 conditionst 01 - Physical difference is this is bluff property. 62 - Economic, is the value of the bluff property. 03 - All public health 6 safety conditions have been met. Councilman Measles said, regarding Single family being 4% of the market, $110,000 would be only 4-1/20.. Mrs. Munsterman explained they are appealing to the whole 8-1/24. Councilman Wise asked her to state the whole variance. Mrs. Munsterman said they are requesting a variance from the set back requirements. A duplex can be on a 60 ft. lot, is 2 unite, owner rents one side, by Code. Jhey are attempting to build single family dwellings on 66 ft. lots with 2 owners. They will have the some number of cars, more property than is required. They are asking for zero lot It.,. Councilman Wise added, they ere asking for 33 ft. lots and waiver of side yard set back in lieu of party well. Mrs. Munsterman said the individual owners will own the property, there is no communal property other than the communal wall. Councilwoman Glick Baked if Mrs. Munster - man knew of any other town houses for ealo, are they selling, and if not - what is the reason? Mrs. Munsterman replied, the financing is there, there to Alaska Housing available. Beluga Realty hoe had some for sale. Mrs. Munsterman further explained, the house buyers would have to earn at least $48,000 per year for a $130,000 house. Also, the party wall construction is a 2 hour fire wall. Councilman Ackerly asked about the increase in traffic and the suggestion that the building would depress or devalue property in the area, as mentioned in the P81 minutes. Mrs. Munsterman replied, new construction is always more expensive than the existing buildings. These will be 1792 sq. ft. On Fathom they have that much 0q. footage on some buildings. It will be a natural cedar aiding, the trees will be in a natural. setting. It will appraise very high, it will not decrease value. She could not deny traffic in- crease. Any construction will increase traffic. We will have 6 families, there could be 28 units there by Code. Mayor Holston asked if the 1792 sq. ft. included the garage. Mrs. Munsterman replied, the garage is 834 sq. ft. more. She added, the walls between the duplex will be 10 ft. between the buildings. Zoning requires 15 ft. with si.Igle family dwellings. That was set up for fire equip. The Fire Marshall hoe said that is no problem. 2 . ... - , +AWVg,-M AUDIENCE QUESTIONINGS a. Stun Westbrook. Is this a 30 year amortization? He had thought AK Housing was down to 16 years. Mrs. Munaterman replied, the notes are 16 years now. They increase every 5 years. These are 30 year fiqures. 16 years is AK Housing only, there is also FNMA. Mr. Westbrook said regarding the $48,000 figure on a $130,000 house. He could buy a house and he didn't make that much. Mrs. Munsterman replied she did not know, that statement was made by the bank repre- sentative. 2. Stan Westbrook President - Redoubt Homeownere Aseoc. He stated e vas on oyon Way. There have been mee ings among the residents of the area, it is almost universal against the variance. A petition with 60 names wee sent to PAZ. Objections area a. Redoubt is primarily a single family dwelling area. b. It will generate more traffic. C. It will lower property values. d. It will establiah a precedent for 33 ft. lots. Regarding the 3 conditions: 01 - There are no exceptional conditions to the property, that can be used for single family dwellings. 02 - The financial prospect is the only difference. 03 - Whet it will do to the existing neighborhood. If one is allowed, what Is to prohibit additional? Rather than meeting all 3, it is questionable if they most any. The 15 ft. requirement is not in compliance. They were not opposed to development in Kenai, they ere concerned about a "willy nilly" approach to development. Onco the 30 ft. variance is granted, It would be difficult to atop. Councilwoman Glick asked if the home owners realize it can be used for multi-plex units and they would be rental units. These people may not take as good care as owners. Mr. Westbrook replied, it has been pointed out, but granting the variance over rides that. Councilmen Wagoner asked, what proof did they have property values will be lowered? Mr. Westbrook replied, they didn't have anybut had he known the bluff was subject to this, he very likely would not have built his house. Councilwoman Glick asked If there were any buildings of this type there now? Mr. Westbrook replied, yes, on Forest Dr. Councilwoman Glick asked to point out they are already in the subdivision. AUDIENCE QUESTIONS: a. Linda Munaterman. She asked Atty. Rogers to clarify what it means by setting a variance. Atty. Rogers explained, a variance does not set precedence, it can but should not. Mrs. Munaterman asked to point out there are quite a number of structures that are 2 story and are not 15 ft. side set back. She asked if all homes on Toyon have 15 ft. set back. Mr. Westbrook replied he did not know. Councilman Ackerly asked, how many sq. ft. In his house. Mr. Westbrook replied, 2,300 sq. ft., plus 450 in the garage, for a family of 3 people. Councilman Ackerly asked if he knew what other houses in the area are. Mr. Westbrook replied, 2 are similar to his. Mrs. Munaterman asked, how did he substantiate any statement he has made. Mr. West- brook replied, he is representing the people in the neighborhood. Most of what he has said is feelings and 3 r opinions, with the exception of the rendinq of the zoning code. Atty. Rogers explained, what Mr. Wostbrodc hoe said is hearsay. Also, what Mrs. Munoterman hoe said to hearsay. The documents sub- mitted are also hearsay. Councilman Wise asked if Mr. Westbrook knew that if the subdivision was com- pleted in alignment with the preliminary plat, there would be multi access to Fathom. Mr. Westbrook re- plied, yes, he was aware of that. Most of their concern is not that it will be developed, but that there is a better way to go about development. Councilman Wagoner asked if he was aware of any other town houses in the area that are less than 60 ft. width. Mr. Westbrook replied, no he in aware of Forest Or. but they are not town houses, they are rentals. There are some farther down, but he did not know much about them. Councilman Wagoner asked If Administration could find out about them. 3. Al Hendrickson 1/2 Owner Horizon Conat. He requested e ec a on a ma e, w the knowledie that if it goes beyond 30 days, he is "dead in the water." ATTORNEY'S REMARKS: Atty. Rogers explained, the term 'public welfare' in the Code is more generic than was used tonight. it is more than strict construction of the word. It is also the feeling of the community. Public health, safety, etc. should be read in the conjunctive 'or welfare' in the broad term. Most of what was heard tonight wee hearsay, not that it is not competent, but Council can give it whatever weight they desire. MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to deny the petition for variance because the Board finds that there are no physical conditions applicable to the property including topographical and/or location of the property, nor to its intended developments which do not apply generally to the other properties in the some land use district. That this Board finds strict application of the provisions of this chapter would not result in practical difficulties nor unnecessary hardship and that in granting this variance it would not result in material damage to the other properties in the vicinity but it may have an overall effect on the general public health, safety and welfare. Councilwoman Glick explained, it is not her desire to deter development. Testimony shows there are multi family dwellings in the subdivision. There Is a possibility of further development of multi family rentals that could have an adverse effect on the area. Testimony shows development will come. There is a need for town house facilities. The City does not have an ordinance dealing with town house units, but is acting on this. variances are dealt with on a case by case basis and are not precedent setting. While there are other multi family units, they are not adjacent to the subdivision. There are no topographical locations of this area that do not apply to other properties in the area. According to the Code, all 3 requirements must be met. She would encourage the applicants to participate in development in the future. Councilman Wagoner said he found it amazing the number of variances the City has given out over the last few years. None of the variances meet item D1, 02 or n3. Mayor Malston r P f asked for recommend atIone from Adminstrotion. I. 1luildinq Inspector Hackney. He did not wish to speak for or against. The -lot variance was in 1976 for 4 adjoining units. The lots ware 10 ft. wide. It was granted by PSZ, but never built. That went through _ procedures regarding set backs, but did not address the 3 conditions. They just used the variance pro- cedure to accomplish what needed to be done. At the time they said they wanted to do it on an individual basis. It has been that way over the years. The only one we have in Kenai is in Redoubt Terrace, it has been remodeled. Variance was requested and granted for this. Councilwoman Glick noted the 4 plex was granted i in an area where there were multi family dwellings. • r 2. City Manager Brighton. He would recommend Council defeat the resolution. The City does not have an ord- Inance to cover this type of building. This type of construction must take place outside of Kenai, but a variance can be requested. It was denied by P&Z. There has been a substantial amount of town house building outside Kenai. We will be hard pressed to provide the housing needs of the City in the next 3 years. If we do not, they will be accommodated out- ___ -_aide Kenai. The City is attempting to draft an ord. • "' "' '" to permit this type of building. In absence of an ordinance, this is the way to permit this till the ordinance is on record. This is an attempt to meet the criteria to qualify in the 3 requirementes -�Y f Ol - That there are exceptional situations. The uniqueness of this property is that it is bluff property and is continually eroding. The more length you can build on the property, the longer you can keep the property. There is no other property subject to bluff erosion. 02 - Strict application would give practical diffi- ` culties. This shows the expense of the ` property on display. 03 - Public health, etc. These will be built on the size shown. It does not change the density of the - Iota already in the neighborhood. i It Is important for the Council to indicate to the people in Kenai that they want to be helpful to make the community thrive and grow. When people have to come to PSI on several occasions, to the Borough, end then to Council, it would appear the City was doing ' everything in its power to stop growth. It is our duty to help the City grow. You will see more growth in the ' next 3 years than in a lonq time. Councilman Wise asked, if the plat for the erosion problem available? - He asked to have it introduced for evidence. - Atty. Rogers explained the plat was presented by Land ----- Manager Lobahn. Council will make a finding as to authenticity and authorize its inclusion in the record. Councilmen Wagoner asked Atty. Rogers to review section 14.10 of the Code. This is what happens when we have an advisory PSI and not an acting PSZ. It is the Borough PSZ that is in conflict, not the City. Atty. Rogers a%- �i plained, that is incorporated in Section 21..76 provisions. 21.76 is only variances, Section 14.10 includes more. He added, we cannot proceed under 14.10 only. This was taken verbatim from the old Kenai Code. This does not I 5 take from Section 21.76. VOTE !Failed)t Year Glick, Measles Not Holston, Ackerly, Wagoner, Wise MOTIONS Councilmen Wagoner moved, seconded by Councilmen Ackerly, to grant the variance requested by Horizon Construction. MOTION, Additions Councilman Wagoner moved, with consent of second, to incorporate the findings of fact 89 stated by Administration and any other Findings seen by majority vote. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to amend 69 conditioned in the drainage plan to correct the flooding at the foot of Fathom and Toyon containing erosion from the foot of Fathom at the intersection of Toyon prior to any construction. Councilman Wise explained there is a gully there, it comes from perennial flooding at the intersection. It Is partly caused by the City. It needs to be corrected. It is only appropriate to developers of that tract to come up with a program to alleviate the condition. Councilman Wagoner said the Corps. of Engineers have looked at the problem and said the value of the property did not justify correcting the problem. It is unfair for the City to place the burden on any developer in the City. VOTE, Amendment %failed): Yeas Wise No: Holston, Ackerly, Glick, Measles, Wagoner Councilman Ackerly asked, if the variance is granted, can it be sold to someone else ? Atty. Rogers replied it rune with the property. Atty. Rogers added, Mr. Westbrook was provided with a set of documents Mrs. Munetermen had. Those documents given to Council should be in exhibit and also the plat. Councilwoman Glick noted, after looking at the plot, it will not make any difference on erosion. VOTE (Peseed)s Yee$ Holston, Ackerly, Wagoner, Wise Not Glick, Measles Mayor Holston directed Administration to make findings not inconsistent with what was discussed and directed here. ADJOURNMENTS Meeting adjourned at 9s10 PM. Ii Janet Whelan City Clerk 6 PAYMENTS OF $1,000.00 OR MORK FOR COUNCIL APP .1. OR IIATIFICATION 3/J6/83 r VENDOR DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT POtl FOR APPROVALS Computer Palace Computer Terminal FK-Library Hachinury 6 Equipment 1,649.00 41978 Cordova Construction Pay Est.07 CP-Senior Center Construction 146,681.00 Carmen Gintoli Arch. Services CP-Torminol Renov. Engineoring/Inspection 2,853.15 H. Halvorson Terminal Construction CP-TormLnol Renov. Constriction 176,984.50 Wm. Nelsen 6 Assoc. Engineering Services CP-let 6 2n4 Streets Engineoring 2,201.97 Walters 6 Olson Misc. City Insurance Non -Departmental Insurance 7,495.00 Women's Rosource Center January Child Care Women's Resource Accounts Receivable 4,365.35 FOR RATIFICATIONt Blue Cross March Medical Insurance Various Health 14,707.18 Homer Electric February Electricity Usage Various Utilities 15,384.73 KUSCO February Natural Gas Usage Various Utiltttes 4,495.85 PERS February Retirement W/H Various Retirement 29,328.36 First Federal Savings REPO 3/2/83 Central Treasury Central Treasury 2,000,000.00 Int. 7.5% • t i REQUISITIONS OVER $1,000.00 WHICH NEED COW APPROVAL 3/16/83 � VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT Air Tak Repair Taxiwny and Runway t.ighto Airport H 6 0 Repair 6 Maintenance 2,304.41 r Air Tuk Work on Underground Wellhoono Water Repair 6 Hnlntenauce 1,800.110 Alaska Industrial Woodshop Toole Cp-Senior Center Machinery 6 Equipment 2,378.52 Hardware 1 Burroughs Corp. Annual License Fee for Software Finance Rentals 1,331.33 l Champion Athletic Supply Bases. Anchors, Pitching Plate Recreation Operating Supplies 1,093.00 j Echo Lake tacker. April Meat Products COA-Congregate 11e418 Operating Supplies 1,040.00 COA-Home Delivery Operating Supplies 260.00 J. Jensen Interiors Swivel Chair 6 Conference Chairs CP-Senior Center Machinery 6 Equipment 1,646.00 f Totem Equipment Sewer Jet Parts Shop Repair 6 M41nt. Supplies 1,875.58 Vance Recreation Aluminum Bleachers CP-Hisc. Park Improv. Machinery 6 Equipment 1,975.00 Word Pro Maintenance Agreement for FR-Various Repair 6 Maintenance 6,662.48 - Word Processors 1 I (i I i I I r Q I. ` I I 1 1 �I 1! 1' 1 t , 3 ( u I I vj 1 1 l� Thomas A Blazy, .wilder , BOX 758 • SOLDOTNA. ALASKA 99669 y lg PHONE 262-4591 &fte of March March 4, 1983 -fee City of Kenai '0200'@S �N P.O. Box 580�ACRvET- Kenai, Alaska 99611 Qi4f-c e-0ve7 S Attention: Keith Kornelis, Director Department of Public Works Re: Racquetball Court Floors Dear Keith; It is my opinion that the least expensive and best way to fix the floors in the existing racquetball courts, is to lay a new floor, similar to the floor going into the new court, directly over the existing floors. I propose to supply and install this floor at a cost of $6,545.00, for each court. This cost reflects be- ing able to consolidate the court freight with the freight for the balance of the gym equipment. 1. Floor Material $3,520.00 2. Labor to Install $1,500.00 3. 1 Man/1 Day to Fix Dead Spots in Exist. Floor *$ 500.00 .00 4. Profit and Paper Costs-15% $ 825.00 90 TOTAL - EACH COURT ................. ..$.6.345.00 X A The cost of one extra floor socket and volleyball standard will be...$675.00. The cost of a door under stairs and installation will be.............$490.00. V �o Please add sixty (60) days to length of Contract to cover this work. If there are any questions please contact me. �A Sinc el Thomas D. Blazy TDB:sdt G-4 XE/2QL eo zovAiE y _ 6tat y A PUBLIC LIBRARY IN SERVICE 81NCE 1949 BOX 187 KENAI. ALASKA 99611 February 28, 1983 Kenai City Council Box 580 Kenai, Alaska 99611 Dear Kenai City Council, The Kenai Community Library Board would like to explore the formation of a library commission. We would like to sug gest that Library Board President, Kari Kohn, Library Board Members Kathy Heus and Pat Dye and city librarian Emily DeForest meet with a sub -committee from the council to discuss the formation of a library commission. We will look forward to hearing from you. t jo Sincerely, Kari Mohn Kenai Community Library Board President LA r 'J MEMORANDUM TOs FROM: DATE: RE: HonoKqe yo-c Tim �jit. G CITY OF KENAI Vd 6;apdal 4 44&&"1'P P. O. BOX $80 KENAI, ALAEKA 99611 TELEPHONE 3E3 - 7535 Members of City Council Attorney 3/2/83 f Appointments to P & Z Accompanying this memorandum is a verbatim transcript prepared on 3/2/83 of the January 26, 1983 P 6 Z meeting. There are still questions relevant to the actual membership on Planning & Zoning as a result of the nomination by the Mayor and confirmation of City Council of four individuals to the Planning & Zoning Commission on January 12, 1983. The problem is that while Jack Castimore indicated that he would be attending classes at the college on wednesdays leaving him unavailable for commission meetings as per a memorandum to Mayor O'Reilly from Janet Loper on 12/29/82 and that this inability to participate as a Com- missioner was for at least four months, it was his desire not to resign but to leave the decision up to the Commission to decide if he should resign as is set forth in a memorandum to former Mayor O'Reilly from Janet Loper in a memorandum dated 1/5/83. It seems intuitive that Mayor O'Reilly by his actions in sending Castimore a letter of appreciation for services rendered (see attached copy) and in submitting names of rotor people to the Commission on 1/12/83 and the Council confirming four nominations submitted by the Mayor pursuant to KMC 14.05.010 filled the allocated seven member commission and in effect removed Jack Castimore from the Commission by their action in filling the vacant seats with others. A contrary interpretation would result in a present composition consisting of eight members which is one more than is permissible. Possible solutions at this time to the problem would include confirming their previous action and communicating such con- firmation as well as communicating the removal of Jack Castimore from the Commission as of 1/12/83 as permitted by Charter Section 2-4 (5) which empowers the Council to appoint or elect and remove members of the Planninq Commission or, in the alternative, to allow him to continue to serve by confirming his removal as of January 12, 1983 and appointing him to fill the remainder of Mary Quesnel's term which is due to expire January 1, 1985, which in ea' m effect would give him an added year since his term would have expired January 1, 1984. Appointing Mr. Castimore to the Commission does not resolve another problem that has arisen in the past relevant to being able to gather sufficient commission members for a quorum as was noted in the memorandum of 12/29/82 to former Mayor O'Reilly from Janet Loper. This is an especially acute problem in view of Mr. Castimore's stated inability to attend meetings for a period of at least four months. In conferring with Janet Loper and checking the Planning & Zoning minutes, it is apparent that Jack Castimore has not attended any meeting of the Planning & Zoning Commission since November 24, 1982 which means that he has missed the following meetings: November 24, 1982, December 8, 1982, January 26, 1983, February 9, 1963, and February 23, 1983. While Mr. Castimore requested an excuse for only the last of these meetings, the minutes do not reflect that any of the absences have been excused. Therefore, the automatic sanction of KMC 14.05.040 is self-executing in that: "if any member shall have 3 consecutive, unexcused absences from regular meetings of the Commission. . .then the service of such member shall terminate immediately." In view of the foregoing it appears that Jack Castimore ceased to be a member subsequent to the January 26, 1983 meeting of the Planning & Zoning Commission. TJR/md I { bi VERBATIM OF January 26, 1983 P & Z Meeting COMMISSION QUESTIONS & COMMENTS - Item 10 Commissioner Smalley - A couple of considerations that I have at this time. One of them was a question, I probably should have asked Mr. Brighton about or Mr. Wise, what has happened to the sign code ordinance that basically we dealt with, I'm lost. Two, I think the Commission here needs to get together, especially with Jeff, and go over and maybe again request the City Attorney end Jeff and a bunch of us get together in a work session to look at the entire ordinance situation especially regarding town- houses. We did get started on it and sort of died for lack of help. Lastly, I have some general concerns, some of were expressed in the multi paged memo we got, one of the major concerns we had as a Commission prior to January was the change in membership and how this has an effect on retraining someone specifically to the needs of the City and of the Commission and I am not questioning or challenging the authority of Council in making changes but I thought perhaps they might want to talk with the Commission before such changes were made, you know I'm just throwing that out. I know there is no precedence for that but this is the body we have to work with I thought that that might be a good consideration. City Manager Brighton: Let me just speak to that for just a minute. The Code says that the Mayor shall appoint and that Council shall confirm - so the Council in reality other than the influence they can exert upon the Mayor really doesn't have any legal authority for any appointments. Now they can reject what the Mayor submits to them and make him come up with other names, but the Mayor has the authority and the power to appoint so maybe whet you are saying is you want to sit down and talk to the Mayor and not the Council. John may disagree with that opinion but from the legal standpoint that's the way the situation works. Commissioner Smalley: I guesa from the publicity that the paper gave and from the information of prior members it was the voice of Council - I'm not trying to say that we are not a good working body because I think we are and we can be - but I'm just ex- pressing some concerns over the removal of a past commission member whose term has not expired. According to the man he did not resign. John Wise - He was removed. Commissioner Smalley: He's still a member? John Wise: As to my knowledge. There was no action, nobody revoked his appointment. 1 10 Commissioner Smalley: The paper so indicated, I'm not saying the paper is the Rible that's for sure. Ok, John Wise: There was some confusion maybe I can dxplain in part my attitude and I think some of the other council's attitudes. We have been surprised at nominations for various positions not only this commission but it happened in the past and what we are trying to get away from is that we come to a meeting we sit down and we get to the Mayor's report and whether he, he says well we have a vacancy on this commission and then he says perhaps he would nominate somebody for it. It hits us like a bolt out of the blue or he may say we have a vacancy is there is anybody you care to nominate? Well, again I may have an idea, other members of Council may have an idea "we spring a name ". We may not, six of the seven members of Council may not know the individual, may have absolutely no knowledge of him or her whatsoever and what we are trying to do is to at least familiarize the Council with whose been nominated because one of the problems we have is that somebody's name is mentioned then you get into a problem I don't know nim why should I vote against, and embarrass somebody and we aren't, aren't trying to embarrass anybody and what we did, what we asked the Mayor to speak to the Council is, asked the Mayor to tell us what vacancies there were, whose names have been sub- mitted by anybody either individually who had offered to serve or has been suggested by somebody not only a member of the Council, members of Administration, member of the public at large, at least circulate those names and that's what happened it didn't come out with our packet last week but we got a letter Monday or Tuesday indicating a bunch of names and the Mayor called us all and we all made comments. And what we did the night of the meeting is we, I forget which one, which particular grouping it was, but he said there was three vacancies each individual marked three names, the Mayor received them and he said okay those that have the most votes, so to speak, they weren't votes they were really supporting nominations, you can call them seconds if you want to, are the one he offered and since they had - I think the politic thing to do the Council did is every one of those names has been offered and carried a majority, obviously a majority of the Council was approved unanimously. I don't guess that every one of those names had all seven members of the Council recommending him - you follow me? (Ya) If they had a four and a three, if they had four checks they were offered as a majority nomination. Then they were ratified by the Council. Commissioner Smalley: I'm comfortable with that process. John Wise: That's how it happened and that was the rationale behind it because we had been surprised. Commissioner Smalley: I guess my basic reference was, is Jack Castimore a commissioner or is he not? His term had not of- ficially expired. 2 John Wise: If his term has not expired my understanding is he has not been relieved. The Council has taken no action. City Manger Brighton: His name, John, was one of the names. John Wise: Ya, I don't know how it got on there. Commissioner Smalley: That was what I was talking about. John Wise: That bothered me too, his name, why it was on there I've got no idea. Commissioner Smalley: Oh, so he still is a commissioner? John Wise: If he has not resigned, he is still a member of the council, but Council has not asked for his resignation. Commissioner Smalley: That was basically - John Wise: Let me put it this way, unless I sleep harder than I think, I don't believe you will find any recollection in the minutes of where any action was taken by the Council to remove anybody. City Manager Brighton: Hal, if that is the case, if that is the case, then you got one too many members. Commissioner Smalley: That's what I was just going to state next. What's going on? City Manager Brighton: Let me just add one element and I don't submit names or anything else. The element that we haven't discussed was that I think that the Mayor was told that he couldn't make a meeting for four months ok? While our Code said that if a Councilman misses three meetings he's automatically off the Council and 1 think the Mayor was operating from that basis. I can't clarify and John can't clarify the only guy that can clarify it is the Mayor. John Wise: There was no declaration of vacancies. Let me put it this way - no formal declaration of vacancy before the Council at a public meeting and I know of none in a private meeting. That's all I can any. Commissioner Smalley: You answered my quention. 3 'tea CITY OF KENAI P.O. BOX 580 - KENAI. ALASKA • PHONE 283.7535 TO: Vince - - - FROM- Janet L. DATE $3 REFERENCE cum Vince. Bob Peterkin has said that he does Want to resijp from the Harbor Commission so he vill need a replacement.Z. , `• ti '.•,�, 21ark Necessary said last nighp.that.he does.wAnt to resign to speed more time with his family and that.he,took the meating•last night to help make a quorum so he will need a replacement. Mom Bryson is also talking about leaving the Commission, that,she had only, wanted to serve one more yoar. #, Jack Castimore said he does not yant to resign even though he will be tied up for at least 4 months at the college and that he Banta to leave it up to the Commission to decide if.he should resign. .o u •� SIGNED DATE _ - ... w.. -- = -- _. .._.. _......... - -- ::,-r•�r�•: ... _ - -__ .. '-ate. .�.. CITY OF KENAI r P.O. BOX 580 - KENAI, ALASKA PHONE 283.7535 . To: Mayor Vince O'Reilly j FROM: Janet Loper DATE 12/29/82 REFERENCE I Vince, P S Z Coamis33on tgrma expire in Januaiy,b.3 Commissioners are due to leave. Jack Castimdre has informed we that he -will be amending classes at the college on Wednesdays leaving him unavailable•dor.Commission meetings. He did not mention leaviisg the commiseion, Jwwaver, there Is a problem with a quorum for the next meeting. Dr. Turner has said Ike is williaq-to serve snother•-teresif approved by you b the Council which leaves at least one position opim (Ital Smalley has not yet given a definite answer).that of Jim Blannlag. q. Could you use your Irish charm -and_ce om•up•ai.th a"solution at the next _ Council meeting do you think? 1.1d sure be grateful. SIGNED DATE i 1 CITY OF KENAI P. O. BOX $80 KENAI. ALASKA 99611 " TELEPHONE 282 • 7575 aim January 20, 1983 i Jack Castimore Box 2651 Kenai, AK 99611 Dear Mr. CastimoreC�i:_. May I offer the C"..y's most sincere appreciation for the ex- cellent service you provided while serving on Planning & Zoning Commission. The voluntary effort, the willingness to confront difficult situations and the wisdom you brought to the task, all have benefitted our citizens. l With our thanks. Sincerely, / iG/✓ - t, ` Vincent O'Reilly Mayor c VOR:jw li 3 V LOW T `� CITY OF ENAI 4 %Od CalaW 4 4"„ P. O. BOX NO K1NA1. AtAfKA 99611 11t1P110W 282 • 1135 February 25, 1983 TOs Council FROM: Janet Whelan City Clerk RE: P&Z Appointment Mary Quesnel has resigned from the P&Z Comission, effective immediately. Those available for the Commission are as follows: Dottie Krzwsanoski—ci Z Pat Nault Mabel Richter Shannon n r u e 3w I .3 I I II .. March 11, 1983 CITY OF KENAI I. O. BOX $50 KENAI, ALASKA 99611 VILIPNON! 4E5 • 7625 TOs Council / jA' / t FROMs Janet Whelan l.ev� City Clerk /," REs City Appointment for Borough P&Z The Borough has requested three names be submitted for the Borough P&Z-Commission representative for the City of Kenai. The Broough Mayor will then select from the lists Phil Bryson Bob Roth John Wise jw L-A 15 M CITY OF KENAI "Carl Gear" of 4ia44a P. O. BOX 540 KENAI. ALAEKA 99611 TELEPHONE 203 7535 March 9, 1983 MEMORANDUM TOs Wm. J. Brighton, City Manager FROM: Jim Swalley, Airport Manage REs Utilization of Airport Land Mr. Bielefeld's request to lease airport lands adjacent and north of the FAA Control Tower emphasizes the need to at least survey and preliminary plat all unplatted airport lands, especially those north of the terminal between the runway and Marathon 2-oad. Mr. Bielefeld's request is in accordance with the Master Plan Study (dated January 1979) and, undeniably, he needs room to expand. However, until a planning study of the requested area can be made, I do not believe it would be in the best interest of the City to lease any of the presently unplatted lands. If the City proceeds to lease lands prior to completing a survey and platting of lands and planning over-all growth and development, we will in effect be piece-mealing the growth of the airport. We could in fact lock out future "highest and best use" of airport lands. There are different avenues available to solve Mr. Bielefeld's problem, i.e., FBO Lots 9, 10, and 11 are available for lease. Also, though perhaps difficult legally, the rear half of the Fabric Center lease and the Bussell Electric leased lots are not being utilized for any purpose, let alone aeronautically related. Other problems to consider'in granting Mr. Bielefeld's lease are: 1. Even though he stated he would put in road, water and sewer from the Willow Street dead-end, what happens when the City does extend these services. 2. Same as above only for the taxiway/ramp access. 3. What happens during apron construction (2-3 months). 4. What of his investment for the taxiway when we plan to construct right through it. S. The lease would have to be redetermined on the completion of each of the above projects and every five years. 6. Mr. Bielefeld's request encompasses all of the requested apron expansion north of the tower meaning we would be expanding for one operator. JS/dg f 4` I r CITY OF KENAI %od ea P. O. BOX $80 KINAI. AtASKA 99611 TIII►NONI 912 • 75115 MEMORANDUM TO: William J. Brighton, City Manager FROM: Jeff Labahn, Land Manager SUBJECT: Lot 1, Spur Subdivision Number One (Buffer Strip) The filed plat of Spur Subdivision Number One contains the following note: "Lot 1 as shown hereon is reserved for a buffer strip to screen this Sub- division from the residential area east of First Avenue, and is not intended for development". The entire subdivision, including Lot 1, is presently zoned General Commercial. If the City intends to utilize Lot 1 for residential purposes, several actions will be necessary: 1) Rezone Lot 1 to Suburban Residential (RS) district. This is consistent with the current zoning along the east side of Walker Lane. A residential district also conforms to the adopted comprehensive plan. 2) Replat Lot 1 into resident;ial building lots 60-80 feet wide. (i.e., 12 - 16 parcels). The buffer strip would be rellctted to the rear of these lots. Lot 2 would be reduced in size to approximately 12 acres. Additional factors to be evaluated include: 1) City utilities: Water is located 12 feet east of centerline and sewer is located 12 feet west of centerline beneath Walker Lane. It would be necessary to disturb the travel surface to provide service lines to the individual lots. Also, the curb/gutter and sidewalk along the west side of the roadway would have to be cut for each parcel. 2) There is an overhead H.E.A. powerline located within Lot 1. Currently, a 30 foot easement is designated on either side of the powerline. It is preferable for the existing lines to be buried or relocated if cost-effective. Please advise me if you wish to proceed with the rezoning petition. This request can be scheduled for the Kenai Advisory Planning & zoning Commission meeting on April 13. Anticipated date of rezoning approval by the Borough is mid -June. ji -2- r •�°� 1 ' 'x,l a rover w.\ j ! . .:: testa O �MMol1i•` , ►!' 1 LASKA. 27.859AC. �� 4� ropr, ar,er .rul • 0 xrdlNl / � •, •:/�'��t r„P I • wotRrw\o o.?rrK �� �` _ , a .,w..oe�ax•u.axaltnuxt � �I,,yr/ u coven! •laxr.0 ... wxrYm r •� �� / o iJ \y a•(y' 1 ► 1 tuft utc..1. a.t corgrt• —� ra art wumr[ Ilro.t ta.nrl•r • +� � l .lam ,.��` d�* _ •' � , i i ! k.rry \ riryour. ' 1 yrur ee•t�rr txn rx.3 O..r�ra .v.nerrt . ' w.ni Ylo/ •I YI a. VHgr rrur[el w•r++e�or, *x!r ' fC•\IB rife ep .S war..\o •r.r ... rr ..•.a•. pVrh4.0\S. Wo Olwlr •.•!.5 •••[ NO cc..l :•..a •x[ uN ffirr.4ecrtaa .ao aLlr •at$ or SPrrtr ?.ly9L r 1 I1 G4•..wW. :L•Y. P' I :: LI•.I►W RLftEgI 19 NEdt S\LD !raft STRIP to KAWI THIS 'W1 FROM THE NLSIOEIIiIFI .IT DF $iftie twe'..E, AIID 1l[LItoEO FOR OE•LWuLIR \\ ON Rh\'L• •'P. MI raver 1 ..�u•tw tar a! i$1 ' j l i Iw.. ti 1 j I 11. 1 1 ill ' He ' , t 1• �3 ¢ 1 I • � Ip v S� 1 1� 0 Kenai . &1&tne Women's Resource and Crisis Center Box 2484 Soldolne. Alaska 99889 (907)282•98fs Sharon Jean Chair., Sheltur SLeurincl Committee Women's Resou;:co and Crisis Center Soldotna, Alaska 99669 March 14, 1983 f: ro �J Vy rrT. f,�rq C-Ty . ,, Y4aK , N-/ Mr. Bill Brighton City Manager City of Kenai P.O. Box 850 Kenai, Alaska 99611 Dear Mr. Brighton, The Women's Resource and Crisis Center (WRCC) has been providing crisis intervention services and temporary housing -to victims of domestic violence on the peninsula since 1977. During this time we have relied on the pri- vate homes of volunteers to house victims of violence as well as their children. The number of clients using this service has increased dramatically in recent years and we have determined that a shelter facility would enable us to more adequately serve our clients. It is our du sire to construct this facility in the City of Kenai to unsure easier access to the Peninsula Court system, as well as local ancillary service agencies also located in tine Kenai area. (,Mental health, job service, law enforcemc�nL, eLc.). In addition 56.03 percent of our client caseload is from the i;or,ai, Ni kiski areas. To this end or (perhaps beginning, I should like to, on behalf of the rJRCC resoactfully request that the City of Kenai consid(_r providing) Land to our organization for the purposes of i.)tti 1c1irlq ._t Our land ,acluisiti{�n committue has identified city owned lots that we would be most. interested in. Our preference would be Government Lot 128 and 156, the combined acreage Of these lots is •1.44, howevur, the useable area is approxi- mately 4,200 square feet which would be lass than an acre_. Our second choi.cc, is C r:ar1.15 acres. nrtc3nt Lut 166 which consists of It :..uuld be •.j:ar lr>; t;:.►L •av c(,u1.1 zc-luire this land thruu•111 -luc:tti-u ••r .'_o s minirral dollar amount ($1.0o per year) :-)r 99 ye.:ira ii:cluding the condition, that if at any time tho operation of tt:e Sheltur ceased to exist, the Land as w,,ll .►:; the bui l.dinq would rovert back to the City of Nolll-ti. We envision ono 5tructurcr that would house our cur- rent adrctinistrative of fiQus as well as the spaces required 'or housing elionts. It our efforts are successful, wc!would move the existing WRCC staff of nine to thtt- Kenai location. We would anticipate, with the openinc; of a shelter for abused women, an expansion o: our current staff to approximately fourteen and an increase in the number of clients we now serve. In the past seven months we have served 114 victims of domestic violence. The benefits of this effort are multifaceted. The economic returns include increased revenues for the City in terms of the added budget revenues of WRCC. Our current operating budget is approximately $345,881. annually. Additionally the benefits to residents of Kenai include easier access to any of the services we currently offer including Day Care Assistance, Dis- placed Homemaker Employment `!`raining, Youth Educa- tion projects and, of course, Crisis Intervention ser- vices. I cannot stress enough the benefits that clients of our services receive. Safety issues aside, which are of primary concern, our component services enable women to enter the job market, bucami.ng productive members of our community. Through skill building and a renewed sense of self- esteem the cycle of violence that these women and children are involved in is often times broken. I would like to request that myself and two repre- sentatives of thci Shelter Steering Committee be allow- ed time at an April work session to discuss our project in depth, we would like to share a 30 minute film with the Council as well as make a verbal presentation. If you have any <1► ostion_, rc:clardincl our request or require further informltion at this time, please do not hesitate to contact mo at your convenience. Thank you in advance for your consideration and I look forward to from you. Sincerely, :>hzr.on Jean Chair, shelter St.--'rin cJ c :uuit�ce Women's Resource. an.1 Crisis Center sNFO CITY OF KENAI „ d ear" 4 4ia,.i"„ I. O. SOX 110 KENAI, ALASKA 99611 TILE/NON1 212 • 7328 March 1, 1983 REPORT TO CITY COUNCIL From: William J. BrightoA Re: Wesbet Circle, Wesbet Subdivision On January 26, 1983, the City received a petition from Wesley E. b Elizabeth E. Warren for water, sewer, and gravel road improvements along Wesbet Circle in Wesbet Subdivision. The improvements would benefit 7 lots , Lots 5 through 11. Wesbet Circle is to be a new road ending in a cul-de-sac that extends off Haller Street. The City expects to improve Haller Street this summer. If the City were to form this assessment district, we possibly could obtain a change -order through the contractor on the Haller Street project and make this project (Wesbet Circle) a part of the larger project. A DEC grant has already been applied for on the Haller project, and if it is granted, the water and sewer portion of Wesbet Circle would also be eligible (based upon the change -order situation explained above). • The City agrees with the scope of the proposed project because it is the same scope as the Haller Street project. The City estimates that the cost of the water and sewer improvements would be about $20,000 and the cost of the road improvements would be about $5,000 (including engineering and inspection). At this point, since we have not received a grant from DEC for the water and sewer portion of the project, we should assume that the assessment will be based upon the full cost of the project being assessed (up to the maximum provided by law, or 25% of fair market value). We estimate that we could assess $23,000 of the $25,000 project cost, or 92%. At this time, I am recommending non -approval of the formation of this assessment district. The reasons for this recommendation are: k. 1) The City has developed, or should develop, a policy that no assessment districts will be formed until the City Charter concerning the 25% limitation is changed. While the limitation has little effect on the amount that could be assessed in this case, it usually has a much greater effect. A policy should be based upon the normal situation where the limitation is highly restrictive. 2) There is no apparent need for the City to become involved in the project. The proposed improvements are of benefit to only one owner, not to a group of owners who need the City's help in forming a district and accomplishing the work. The scope of the project is such that it would seem that the owner could make the improvements without the City's involvement. tt is necessary that, within 30 days after this report is presented to you, we file a preliminary assessment roll with the City Clerk. it is also necessary that, within 30 days of the filing of the preliminary assessment roil, the Council set a date of Public Hearing. We intend to have a resolution on the April 6, 1983 agenda setting a hearing date of May 18, 1983. WJB/JB n CITY OF KENAI FOR COUNCIL INFORMATION Transfers of Funds under $1,000 under KMC 7.25.020 (a) 9 Date Department Amount From To Explanation 3-1-83 Airport Land $900.00 Cont. Pro. Svcs. Cost of appraisals increased this FY 3-1-83 Bldg. Insp. 50.00 Adv. Transp. Building Code seminar in Juneau 3-2-83 Bldg. Insp. 280.00 Several accts.Comm . Underestimated cost of communications 3-3-83 P & Z 100.00 Travel Misc. Registration for Planning Conference 3-7-83 Non -Dept. 900.00 Insurance R & M Supp. Replacement of circulating pump plus contingem for balance of year 3-9-83 Recreation 200.00 Misc. Travel Increased cost of travel 3-10-83 Can/Lin Proj. 900.00 Cont. Admin. Ads for construction bids ■ a f , APF .CATION AND CERTIFICATE FOR PAYM'L X AIA DOCUMENT cm PA(3 (if 3 PAGES TO (owner): City of Kenai PROJECT: Renovation and Expansion APPLICATION NO: 6 Distribution to: P.O. Box 580 - of the Kenai Municipal L, OWNER Kenai, Alaska 9961; (' ' '' '\ Airport Terminal Building PERIOD FROM: 2/ 1/83 Q ARCHITECT r ll.' �\ TO:2/28/83 (3 CONTRACTOR A ATTENTION: Co CO. RACT FOR: General Construction ARCHITECT'S PROJECT NO: CONTRACT DATE: August 5, 1982 CONTRACTOR'S CHANGE ORDER SUMMARY Change Orders approved in previous months by nef TOTAL ADDITIONS $22,204.00 DEDUCTIONS Approved this Month Number Date Approved TOTALS 22, 20 .00 Net change b Change Orders 1$22.204.00 The undersigned Contractor certifies that to the best of his knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Docu• - ments, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRA60R,k H. "ALVORSON, Inc. By: Date: 3 3 83 CERTIFICATE FOR PAYMENT F i In accordance with the Contract Documents, based on on -site obser• vations and the data comprising the above application, the Architect certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu• r. i .. ments; and that the Contractor is entitled to payment of the AMOUNT i CERTIFIED. Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM .......................5 1,597,600.00 Net change by Change Orders .....................S 22,204.00 " CONTRACT SUM TO DATE ........................ $ 1,619,804.00 TOTAL COMPLETED & STORED TO DATE ........... $ 1,086,855.00 (Column G on G703) RETAINAGE % ......... . . . . . . ..... 5 108, 685. 50 10 or total in Column 1 on C703 ,- )t 978,619.60 TOTAL EARNED 'LESS RETAINAGE .................. f LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... S $01,185. 00 CURRENT PAYMENT DUE .........................5 176,984.50 Y state of: Washington county of: Spokane Subscribed and sworn to befp me tF' • �y of March ,19 83 Notary Public: My Commission expire / 1/83 AMOUNT CERTIFIED ............................ 94 -' — 4 (Attach explanation if amount ce Iffied differs from the amount applied lo►.) ARCHITECT: • By: " Date: r This Certificate-4 not negotiable. The AMOUNT CERTIFIED is payable onlyi0tu the Contracto named herein. Issuance, payment and acceptance of payment are without prejudice to any j. rights of the Owner or Contractor under this Contract. F AIA DOCUMENT GM • APPLICATION AND CERTIFICATE FOR PAYMENT • APRIL 1978 EDITION • AIAO • O 1978 Tiit AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 G702-1978 t CONTINU ON SHEET AIA DOCUMENT G703 �� PAGF 2 01"_1 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 6 Contractor's signed Certification is attached. APPLICATION DATE: March 3, 1983 In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: 2/1/83 Use Column 1 on Contracts where variable retainage for line items may apply. TO: 2/28/83 ARCHITECT'S PROJECT NO: A p C D E F ITEM DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETEDTOTAL COMPLETED AND STORED TO DATE �/, 1G :•CI NI TO0 FINISH REFAINAGE This Application Work in Place Stored Materials inot in D or EI No. Previous Applications ID+E+FI 1. 2. Mobilization $ Demolition 47,900. 69,300: $ 47,900.- 51,975.- $ $ 47,900.- 51,975. ' 100 75 $ 17,326. $ 3. Earthwork 35,900. 30,515. - 30,515.- 85 5,385. 4,000. 4. 5. Fence & Landscaping Concrete 4,000. 50,000: 40,065.- 6,935. 47,000. 94 3,000. 6. Masonry 22,100.- 22,100.- 22,100.- 100 7. 8. Struct. & Misc. Steel Metal Joists & Deck 70,840.- 69,600.- 70,840. 69,600.- 70,840.- 69,600.• 100 100 9. 10. Rough Carpentry Finish Carpentry & Cab. 112,200.- 25,800: 98,736.- 18,454. 98,736.- 18,454.- 881 72 13,464. 7,346. 11. 12. Building Insulation Preformed Metal Siding 18,500.- 48,800. 17,675. 23,912. 17,575.- 23,912.' 95 49 925. 24,888. 13. Built -Up Roofing & Roof Insulation 171,200.-- 99,296.' 99,296.- 56 71,904. 14. 15. Joint Sealant Steel Doors & Frms. 2,500.- 8,500.' 7,650." 7,650. 90 2,500. 850. 16. O.H. Doors & Grilles 24,500.- 20,825. 20,825. 85 3,675. 17. Entrance Windows & Glass & Glazing 63,600.' 63,600. 18. 19. Finish Hardware Gypsum Drywall 19,000.- 19,700. 11,400: 8,930.- 1,900. 6,830. 13,300.- 15,760.-- 70 80 5,700. 3,940. 20. 21. Tile Integrated Ceiling 17,700. 71,100. 25,596. 2,844. 28,440. 40 17,700. 42,660. 22. 23. Carpeting Painting 21,300. 40,600. 16,240. 16,240. ' 40 21,300. 24,360. 24. Toilet Partitions 4,400. 2,640.., 2,640. 60 1,760. 630. 25. Fire Fighting Devices 630. 9,900• 26. Identifying Devices 9,900. 630 27. Pedestrian Control 630. j I Continued OTPage 3 AIA DOCUMENT GM • CONTINUATION SHEET • APRIL 1976 EDITION • AtAw • W 19/0 G703-1W8 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 CONTINUATION SHEET _ AIA I)OCUMENT G703 PACE 3 _ OF 3 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMIIER: 6 Contractor's signed Certification is attached. APPLICATION DATE: March 3, 1983 In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: 2/ 1/83 Use Column I on Contracts where variable retainage for line items may apply. TO: 2/28/83 ARCHITECT'S PROTECT NO: J A , 9 C a E F G tl 1 I7EI11 No. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED TOTAL COMM EFED AND STORED �/, BALANCE FINISH R[TAtNAG[ This Application Work In Place Stored Materials Inot in D or El Previous Previous Applications TO DATE (0+E+tl II;; CI 1� (•1 [8. Storage Lockers $ 2,700: $ $ $ $ $ 2,700. 29. Telephone Enclosure 1,500.` 1,230. 1,230: 82 270. 30. Toilet Accessories 6,800:• 1,700. 1,700.- 25 5,100. 31. Furniture 21,000.' 5,250. 5,250.. 25 15,750. 32. Entrance Mats & Frms. 1,800.-- 1,800. 33. Conveying System 64,300.- 51,440. 1,929. 53,369. 83 10,931. MECHANICAL: 34. Plumbing -Rough -In 27,100. 24,390. 1,897. 26,287.- 97 813. 35. Plumbing - Finish 3,500. 3,500. 36. Heating -Rough -In 54,300. 5,430. 20,634. 26,064.' 48 28,236. 37. Heating Finish 14,300. 14,300. 38. Air Distribution 56,500: 15,820. 26,425. 41,245: 73 15,255. 39. Fire Protection 33,006.0 3,300. 24,750. 28,050.- 85 4,950. 40. Insulation 26,600: 6,650. 10,374. 17,024.- 64 9,576. 41. Balance 2,300.1 2,300. 42. Sewer & Drywells 23,800.- 23,800. 23,800. - 100 ELECTRICAL: 43. Mobilization 3,000. 3,000. 3,000.- 100 44. Demolition & General Requirements 16,400: 7,544. 7,544.� 46 8,856. 45. Basic Mat'l & Methods 79,700. 42,241. 25,504. 67,745: 85 11,955. 46 Lighting Equipment 65,000. 42,900. 5,200. 48,100.- 74 16,900. 47: Public Address System 17,300. 7,093. 2,941. 10,034.- 58 7,266. 48. Fire Alarm System 10,500. 5,040. 11995. 7,035. 67 3,465. 49. Telephone System 16,000. 13,760. 640. 14,400.•• 90 1,600. 50. Change Order No. 1 22,204. 888. 1 1,332. 2,220. 10 19 984. 11,619,804. $890,206. 1$157,370." 1$39,279. 1$1,086,855.' $532,949. AIA 1310C1T GM • CONTINUATION SHEET • APRIL 1978 EDITION • AIAO '6 THE AMEWWN INSTITUTE Of ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C. j6 l i .� 03 —1978 i APPLICATION AND CERTIFICATE FOR PAYMENT AIA nOCUMENT C702 �1H PACT ON( OF 3 PACES TO (Owner): A PROTECT: APPLICATION NO: Seven Distribution to: fl OWNER City of Kenai MAR1883 r'r Senior Citizens Community Center PERIODFROM:02/tl4/83 1-1 OWNER Box 580 TO:03/07/83 crI IJ CONTRACTOR Kenai, Alaska 99611 Chy of KOna1 --+ I • 3��71�3 I [a PubIla Work9 DepE, v t ., II' �EN/OrC �TI� ATTENTION: ', %. �. CONTRACT FOR: ARCHITECT'S 1 1 04 JV PROJECT NO: s�bZEZZ Cordova Construction ! I CONTRACT DATE: �8/03/8Z CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. `' CHANGE ORDER SUMMARY" The present status of the account for this Contract is as follows: Change Orders opprowed ADDITIONS DLDUCtION5 ORIGINAL CONTRACT SUM .......................S - 81R.777 in previous months by Owner totnL Net change Y 6 ..................... S 19 . S 14 . _12-..h62� e h Change Orders Approvvrl this Month CONTRACT SUM TO DATE ........................ S 838,291. Number Date Apprmvd Y 3 n3/02/83 6, 852 .' TOTAL COMPLETED & STORED TO DATE ........... S 667,333. ' (Column G on G703) RETAINAGE % .........................$ -(1- _ or total in Column I on G703 TOTALS TOTAL EARNED LESS RETAINAGE .................. S 667,333. Net change by Change Orders 19 514 . 52(1, fi52 - The undersigned Contractor certifies that bs the hest of his knowledge, LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... S information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Docu- merits, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received CURRENT PAYMENT DUE ......................... $ --c4li, /elf 1 . from the (honer, and that current payment shown herein is now due. CONTRAC R: State of: rJj;�fY. 4;�<c C,runty of: Subscribed and o n to b9fore mp, day of Notary Public4_1�<<(c4/1t• sly>e Date: My Commission expires: ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED .............................4 In accordance with the Contract Documents, based on on -site obcer- (Attach explanation if amount c "'tied differs from the amount applied for) I vatinns and the data comprising the chive application, the Architect ARCHITECT: rv►Ufrew to the (honer that the Work has progressed to the point " 1 rndicalvd; that to the hest of his knowledge, information and belief, By; `- �w Date: tj the quality of the Work is in accordance with the Contract Docu- menls; and that the Contractor is entitled to payment cif the AMOUNT This Certificate isinut negotiable. The AMOUNT CERTIFIED is payable ooby Id the Contractor ( CERTIFIED. named herein. issuance, payment and acceptance of payment are without prejudice to any e rights of the Owner or Contractor under this Contract. 4 4� AIA DOCUMENT G702 • APPLICATION AND CERTII ICATF. FOR PAYMENT • APRIL 1978 EDITION • AIA"? • 0) 197R THE As1fRICAN INSTITUTE Of ARCHIfECrs, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 200Mi G70Z —1978 1 I I I j. i I fr i I 14 CONTRW4710N SHEET AIAf)UCUMENT 1;703 PAGI ��� ;PA GM AIA Document G702, APPLICATION AND CERTIFICATF FOR PAYMENT, containing APPI.I(;A'rION NUM01.14:80ven 1 Contractor's signed Certification is attached, APPLICATION DATE: 0 3/07/83 In tabulations below, .tmounls are stated to the nearest dollar. PFRIOI) PROM: 02104/83 Use Column I on Contracts where variable relainage for line items may apply. TO; 03/07/83 ARCIItrr.(:r's PROJECT NO: A 11 C I) I E I F (. II I ITEM DESCRIPTION OF WORK SCIIEDUIED WORK COMPLE Fit) fU'fAL COSAIMEU AND SIORED KAI ANC.F. -� RI 1AINA61, This Application Nu. VAIUC 1'rtwious Applitalinm Tp DAfE 10+E+F1 FO FINISII aC T'' Wo.k in Place Stared Malerials Tnnt in 0 or EI 1 MOBILIZATION $ 54,000. $ 54,000. $ -0- $ 54,000.- 100 S -0- 2 TEMPORARY UTILITIES 2,872. 2.,872. -0- 2,872.- 100 -0- 3 SEWER & WATER 6,600. Ir" on ,' -0- 6, 600 ,- 100 -0- 4 EXCAVATE b FILL 51,690. 51,680- -r►- 51,680,- 100 -0- 5 FOOTINGS 8,800, 8,800. -0- 8,800. 100 -0- 6 INTERIOR CONCRETE 12,8nn. 12,8n0; -0- 12,800: 100 -n- 7 EXTERIOR CONCRETE 9,400, 9,4nn' -0- 9,400,' 100 -0- 8 INSPLATION (5I1B GRADE.) 2,50n. 2,5nn; -n- 2,500: 100 -0- 9 FOUNDATION 15,Sr►n, 15,5nn; -0- 15,500: 100 -0- 10 Ltit1BFR ROUGH 37,000. 37 , 000: -0- 37 , 000. inn -0- 11 LUMBER FINISH 3,000. -0- -0- -0- -0- 3,000. 12 HARDWARE, ROUGH 1,Rnn, 1,80n. -0- 1,800.- Inn -0- 13 HARDWARE FINISH 7,000. 7,000. -n- 7,000,- 100 -0- 14 CARPENTRY ROUGH 36,400. 36,40n. -n- 36,400. 100 -0- 15 CARPENTRY FINISH 2O,00n, -6- - -0- -0- ' -0- 20,000, 16 MECHANICAL ROUGH Inn,nnn, 75,01`10. 15,0nf►, 90,000,- 90 10,000. 17 MECHANICAL FINISH 27,onn, -0- ' -0- -0- -0- 22,900. 18 ELECTRICAL ROUGH 35,nn0. 24,SOn; 10,50n, 35,nnn,' Inn -n- 19 ELECTRICAL FINISH 75,000. -0- .1 -0- -n- -0- 25,000. 20 METAL ROOF 60,000. 3411,000. 24,00n, 54,000,r 90 6,000. 21 SIDING ?5,000, 25,000: -0- 25,000,' 100 -0- 22 INSULATION b V.D. 17,nnn. 17,nnn: -0- 17,000," 10n -0- 23 SHEET ROCK 19,80n, 19,800; -0- 19,800,' lnn -n- 24 TAPING 12,000. 12,n00: -0- 12,000,- 100 -0- 25 PAINTING EXTERIOR 7,625. 6,100: -0- 6,100. 80 1,525. 26 PAINTING INTERIOR 10,000. -0- ' 8,000. 8,000,•- t,n 2,000. , 27 JAMBS b DOORS 8,2nn. 8,200: -0- 8,200,' 100 -0- 28 GLASS 32,nF10. 25,600,- 6.400. 32,01710.- Ion -0- CABINETS 1 12.500. 1 -0- 1 8.750, 1 1 8 750,' 1 70 1 3 750, $ 656,377, $ 489,552. $ 72,650, 1 $ 562,202: $ 94,175. AM NVI,VmLN1 47V! ' lt)NIINVATIUN 5HLLT • APKIL 11911 EDITION • AIA' • r[i 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20tFf6 ,j G703 — 1978 1 ' CONTINUATION SHEET AIA 1)0('IJM1 N1' (;7n'1 Ailli AIA I)ocurnanl (i7ol, API'LICA1'IC)N ANI) CIR I IIICKrI: rOIt IrAYMI N'I', (ontainink AI'III ICAI ION NI)Mflrltt .Seven Contrwfor'r, Siltned Cer11fiValiun 14 M1,101MI, AI'I'I t(AIU)N DArl.;n3/n7/83 In lahttlalirtn5 hi -low, amounts are stated to fit(- nnareo dOIlat• PI RIOI) 1 ROM: (►2/(►4/I4'f r the Column 1 on Contracts whore vatiahle rMainalle (rrr line ilem may apply, ARCI111I( ITS moircr NO, r, ( AIA DOC )_ ENT G103 • CONTINUATION SIMET • APRII. I'M IU11ION • AIA'* � ff, 1971I THE AME N INSTITUTE O/ ARCHITECTS,1719 NEW YORK AW., N,W., WAStIINGTON, D,(: 1(i i A li �t�_ _ IOIAI COMM III ly AND WORM � IIMArJr 1 ' ITEM Not, D►SCRIPIION Of WORK Y.111l)11111) WORK <;rfMVlf rID - PI IAI•JArA. µ -- IHIa Algdu nlinn '- VAl llr 1'uwuiva Applfeauun� TO I)AT/ (,��(, iD 1 i 1 , Irr 11N►dl r I„ Wit. U� 1'Inrn ',lonvl Med•►inle tool to 1) (or I) TOTALS CARRIED FORWARD 656,377. $ 48t00# 552/ !� 722650, f$ -(1- $T ''i(►2, 202 , =r $„ 94,175 $ 4,200, $ --u- 3 -n- $ 4,7.nn, 4,701; . lnn 30 TOILET PARTITIONS $ -0- 31 TOILET ACCESSORIES 2,500. -n- -n•- 2,5nn, 2,1i0(),' lOn -0- 32 TILE 20,non, -(I- 16,nnn, -n- 16,aoD;' 80 4,000, 33 FLOOR COVERING 18,00n, -n- -n- -n- -n- - -0-' 18,n(►n, 34 KITCHEN EQIITPMKMT 5n,nnn, -n- -0- 45,nOn, 45,000,- t►n 5,m)(1, 35 LANORCAPING 2,400, -n- -n- -n- -n- '-()- 2,460, 36 ROLL -DP DOOR 2,400, -(1- --n- -n- -n- " -n- 2,4nn, 37 FIREPLACE & IIBQ 3,nr►n, 3,nnn, -0- -n- 3,nnn, Inn -0- 38 SIGNS 2,1nn, 2,1(in,• -n- -n- 21100,,100 -n- 39 SURVEYOR 1,nnO, 1,nnn, -n- -n- 1,Inn,^ inn -n- on ALTERNATE fil 32,000, 6,4nn,•• -n- -n- 6,4q(►,' 20 25,I,nn, 41 ALTERNATE 62 24,8(in. 1R,hr►rt, - -A- -n- 18,600,' 7) 6,200, 42 CFIANCE ORDER #1 -0- -n- -0- -0- -n- ' -n- -n- 43 CHANGE ORDER 42 12,662, -n- 6,331, -n- 6,331. 50 6,331, 44 CHANCE. ORDER 43 6,852, -A- -n- -n- -n- ' -n- 6,852, �83 � 1P114 i 8314,291, 52f1 b�i2. ( R P n18'..667,111x , OWN carmen vincent gintoii, architect �ox,1625 professior�albuilding suite 110 en, al3ska 99611'. - 907 283.773V-.," MAR1933 RECEIVED March 9, 1983 $ ; City of Kenai c.�Public wom 00L City of Kenai P.O. Box 680 Kenai, Alaska 99611 Attention: Keith Kornelis, Director Department of Public Works Re: Invoice for Architectural Services Kenai Municipal Airport Renovation and Expansion Project INVOICE Observation Services January 24, 1983 thru February 23, 1983..........................$2.853.75 1 THANK YOU G ��� ai '3.5L• ) �1 ., to L. Y).sl�. .�3 1i 1. 15 TT XK y r f 4,,I H 1160. 4Wi D XNPO Thomas A Blazy, Builder BOX 758 • SOLDOTNA. ALASKA 99669 PHON:r; 262-4591 Tit r i pOMi r •% is v '' 2�� •.� March 10, 1983 o •, City of Kenai P.O. Box 580 Kenai, Alaska 99611 Attention: Keith Kornelis, Director Department of Public Works Re: Redwood Trim/Existing Recreation Center Building Dear Keith; • Following your instructions, I propose to cover all the dark bands of Cedar trim on the existing Recreational Center buildng with Redwood, painted sim- ilar to the new construction and replace the aluminum gravel stop at the roof line of the building. The object being to visually tie the two buildings to- gether. The cost for this work will be $9,535.00. Should you have any questions, please feel free to contact me. Sincerely, Thomas D. Blazy TDB:sdt i • i = • - - - WM. J. NELSON & ASSOC. •'a Box 1686 March 4, 1983 _ KENAI, ALASKA 99611 NUMO{N 102 (907) 283.3583 !� i I J ",''" _ Keith Kornelis, Director %! NA �l.�, Department of Public Work /{. R1' ate - City of Kenai Clty C�IVE9 Kenai. Alaska 99611 �P.O. Box 580Pobllc iyp, Dept! . TenMs: "•EGG l+r��� Rt..t 09w..4no .ow.. -9. live It,.m-me f 2,201.97 -DATE CHARGES AND CREDITS BALANCE BALANCE FORWARD 3/4/83 #8304 - Mommsen Subdivision: First and Second Street Improvements Professional Services Engineer 12 hrs. at $60.00%hr. 720. 00 Draftsperson 7.5 hrs. at $30.00/hr. 225. 00 ' a Subcontract Services j .....:;w:+!+=.,j,�,r�+:.J,✓,ry..i.a Anchor Point Drilling $ 902.70' Northern Testlab 240.00, J Subtotal $1,142.70 ' } + 10% 114. 27 _ Total Subcontract_ $1,256.97 1,256. 97 X Ak X .. �'.... BALA.�SCC DOE.......... ........... .$2,201. 97 A110470. 09 7 p L °IAV,« °s*cow+•M WM. J. NELSON & ASSOC. itAl n ��Ut� J � IF I I r n J XN PO CITY OF KENAI " W Cap" of 4iakd„ P. O. DOX 600 K6NA1, ALASKA 99611 "— IMPNON6 202 • 7636 March 3, 1983 Honorable Frank Ferguson Chairman, Senate Community and Regional Affairs Committee Pouch V Juneau, Alaska REs CSSS 67 Dear Senator Ferguson: our community is concerned regarding the present legislation to amend AS 19.25.020 in such a manner that the cost of changes for relocations of utilities caused by road construction would be paid by the municipalities. As you will recall, Senate Bill No. 871 introduced March 22, 1982, proposing an amendment to AS 19.25.020 that would have imposed a financial burden of utility relocates on the municipalities was not passed. While the present bill differs, the primary thrust is the same in that it is an attempt at legislation in derogation. of the common law principle set forth in the overwhelming weight of case law as summarized in Section 232 of of 39 Am Jur which states: Rights in streets or highways granted to Lndividuals or corporations are at all times held in subordination to the superior rights of the public. The Grantee takes 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 travelling 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. This power of the public authority cannot be limited by contract. Presently, under AS 42.05.251 a utility company is entitled to a permit to use of the streets, alleys and other public ways "upon payment of a reasonable permit fee and on reasonable terms and conditions and with reasonable exceptions" required by the City. Absent a contractual relationship to the Contrary the applicable law is stated at 12 McQui.11im Municipal Corporations, Section 3472 in that "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 company, as by requiring it to relay or change the location of its pipes, tracts, or poles, or otherwise, the Grantee of the franchise cannot recover damages from a municipality therefor." VcQuillim further maintains in Section 34.74 (a) that "the fundamental common-law right applicable to franchises and streets is that the Utility company must relocate its facilities and public streets when changes are required by public necessity. Accordingly, it is generally held that the municipality may require a change in the location of pipes or other underground facilities of the Grantee of the franchise where public convenience or security requires it, even at the Grantee's own expense,,..,", The recent success of the utility industry in the case of Chesa eak and Potomac Telephone Company of Virginia vs. Landrieu 674 Fed Second 298 (98 ) wherein pub cut t es created under state law were found to qualify as "displaced persons" under the uniform Relocation -Assistance and Real Property Acquisitions Policy Act of 1970, so as to entitle them to reimbursement for relocation costs seems to have precipitated some sort of� concerted activity on the utility industry's part to change the Ingrained long standing common law rules of the game. The copy of the attached communication from the National Institute of Municipal Law Officers dated January 26, 1983, is indicative of a national concern regarding the potential economic impact of assessing municipalities for utility relocates. We respectfully request that no legislation be passed which would burden municipalities with the cost of utility relocates. Thank You in advance for your assistance and cooperation in this matter. Respectfully yours, { 7 ✓/J I / ' Tim Rogers City Attorney TR/dg ec: Senator Don Gilman Senator Paul Pincher Representative Hilo Fritz Ginny Chitwood, Alaska Municipal League 01M Nation. N.t L { - 1000 Connecticut A%cnuc. N.W.. Suite SfH). W30104c:n. D.C. 20036 (202) 466.5424 National Municipal Litigation Center of the National Municipal legal Defense Fund PRESIDENT HENRY W. UNDERHILL. JR. January 26,; 1983 City Attomey Charlotte. North Catalina Dear NIMLO fle mbe r : FIRST VICE PRESIDENT BENJAMIN L. BROWN CitySollcttnt 19e are compiling information about the potential economic Baltimore,htatylant) impact of a recent Fourth Circuit decision on municipalities SECOND VICE PRESIDENT nationwide. The decision in C_ &P Telephone Co. v. Landrieu, 1. Cityttorney EY t Attorney 674 F.2d 298 (4th Cir. 1982) , if upheld, will mean that public Mesa.Arlsona utilities created under state law may qualify as "displaced„ THIRD VICE PRESIDENT persons" under the Uniform Relocation Assistance and Real Fro- JOHNW.WITT perty Acquisition Policies Act of 1970, so as to entitle them City Attorney San Diego. Cahfomia SanDieg.c to reimbursement for the cost of removing equipment from publi TREASURER rights -of -way to accommodate projects fppoed with federal - ROYO.BATES monies. On January 17, 1983, the United States Supreme Court City olumba. South granted certiorari to review the Fourth Circuit ruling in this case (Norfolk Redevelopment and Housing Authority v. C&P GENERALCOUNUL CHARLE S. HYEL CHARLES S. RHYNE Telephone Co. of Vir inia, No. 81-2332). 5 Washington. D.C. There is concern about the potential impact of the de- rausrees: -ai.sion on the availability of redevelopment funds if, contrary; GEORGEAGNOST • • to state common law, utilities are to be reimbursed for the CisonFnnclso.California cost of relocatingutility facilities from y project areas. , JAMES B. BRENNAN For example, in the NRHA v. C & P Tel. Co. case, projection's j City Attorney are that the utility's claim could reach $1 million with Milwaukee. Wisconsin interest accrued since the mid-1970's. MARVA /ONES BROOKS Age"ts. a In order to determine the implications of the Fourth Circuit ruling, we ask that all NIMLO members take time to ROGeRF.CUTLER City Attorney answer, either affirmative) or negatively, the questions in ► Y g Y r go LAU City. Uuh the short survey on the back of this letter. The information DOUGLASN.JL•WETT gathered from your responses will be compiled for use either i City Anomey Selink.Wathowon any NIMLO amicus brief that may be approved and prepared or bl the petitioner Authority or other amici involving in the case. ANALESI.IF.MUNCY BECAUSE THE BRIEFING SCHEDULE REQUIRES THAT ANY SUCH INFORM%IA- oiias.Tools TION TO BE CONSIDERED BY THE COURT MUST BE PRESENTED BY MARCH JOSEPHR.NIEMAIYN 3, WE REQUEST THAT YOUR RESPONSES BE MAILED TO THE NIMLO WASH- CityCmn"W INGTON OFFICE AT THE ABOVE ADDRESS BY FEBRUARY10(postmark date SL Lious. Missouri WALTF.RNI. POWELL While we realize that this is a short turnaround time, MumeapalCaunaetur Oklatnma City. Oklahona p we hope that you will understand the circumstances and need FREDERtt'Y. A 0. St:HWAttz.1R for urgency. As in the past, the information provided to the CwpNationcuw„el court by NIXLO members may have significant persuasive value Newr.,•:.N..ra�Sf�' in this case. Iran).... WILLI"IIt TAUNTS Sincere) cati.,tatauir-P~ll i933 Y, Karla►ee. n!b.Hs w11 LIAy y tttARwf%iCtIRCit D.anan. c4mlma Charles S . Rhvne MAX ZALL General %-cun3e:l JC•t► Att.•nee. D.,..,. a .» n to CS?.:: r j htid-year Seminar. Washington. D.C.. .%1ay 8-10. 1983 48th Annual Conference. Milwaukee. Wiwonsin. August 17-20. 1983 1. Does state law provid., that public utilities are responsible for the costs of ru:uvin•3 treir equipm^nt from public rights- of-%.oy at the recpaest of the municipality? a.) Are relocation costs consicered ty the state regulatory agency responsibly for approving utility rates? 2. Doas tka errant of a franchise to a public utility by your municipality carry an express provision concerning liability for the cost of ramovina above ground utility er ui.pmant at the municipality's request? If so, a.) The utility must bear the cost. b.) The municipality will reimburse the utility for relocation cost. c.) Does the szw provision apply to removal of underground equip =t? %7 yes /X-7 no %Qdon I t kna.: /•7 Yes /7 no 57 don't knot, / 1 yes Q no Q don't know L7 Yes /Q no /Q don't know Q yes %f- no Q don't know [Q yes L7 no Q don't know 3. Has a public utility ever requested reimbursement of re- location costs free your municipality or any separate governmantal entity serving part of your municipality? LT yes %7 no Q don't know If so, ecluip;eent above ground 0 underground Q don't know Q name of action highest level of decision Present17 before the the l+laska_Lublic Utilities cite, if reported case Commission disposition, including any amounts awarded 4. Are any such clai,:u (bee 0) for relocation expenses currently pending? . 7 yes Lf no If so, equipment above ground gff underground L% don't know Q a.) name of action court or a5enol in which filadplaska Public Utilities Commission date claim filed ** 33irALWr Or CLAIt�t S 0, 0 0 0+ b.) Dial the 4th circuit decision in C&P Tcl. Co. v. I.vtdrieu served as a catalyst to encouraW this elaim? Q yes T no don't know 5. Do you forcee a p7ssibility of any such claims (see 43) being made in connection with specific projects? CR, yes L7 no T don't knave If so, eaus:rent .-ply ve ground Av unlcr?rcund aT! elan't knr-w Q kird of project catem:rj a :•Y:erai ftculinq **ro.,tuntial .;:.c.•:-:t of clair. will nit :A_ ruVxtoa publicly with ant s: ccific roferenc. as to ori,#n) i:nknourn 6. C.:;-. roants cr ENCLOSED PLEASE FIND A COVY n): SO 6; PRESENTLY BEFORE THE ALASKA LEGISLATURE S:-:r3: Tim Rogers title City attorney ra.^.:c:;aisty itv os enai dateZ3 • j t ssw\++.awra.+ctiww�+w.s.r.•1N•�...w.. w.\...... .. ter' ••►' ... �• .... ... .. .. .. .. ... .. ...• � .' .. , J • J1. ... .:..t,�'. •• ..::I...•'.'�... .••: i'�iL' r«..«w.r�. ' , . ..'F.. �I••♦.•••••t :'. '� •••.. �::•�."'.'. .S•'1' :'J. :.. t.. .. ..��A: ri. 711/83 - Original, epotwoott Labor and cuwiv[Ga , Ca.�s7ttiaa by tiff Wall, UO Lit IltC SEtfATZ C'CCI�II2TY:: C: WOA WIATE ali'L 110, 67 (tic) :1 :it ttifl LZCISLATttRB OF Tilt WtE 0? ALASXA ttetaYt>~UU Lf:CULAVAR - ?tSST $g3510:1 A BILL 9 for as Act antltladl "M1--946 Y41aitn$ eo Cha relocation at utility lactic- _ y tieo�taeitfant to Cho canscruccioa of htghvay prcjgcso t y a %uftWF 4IICyt and ptoiidias for en ellwagwe 3aee." BZ S7t ttsactttO 8Y 4t�E L801SLATURZ OF Inle STATZ OF ALASPM 1 ' Socitoa t. AS 19,2S.020ts3 It 80e1/d4d co raadz lal If, incldan! to th4 aonatructton of a hixhvay projnac. Ctts 1 4a1.4rc0441c Or -A esua LEAttt? daterainrr .led acaars chae a utility a facility thAt ta� LaCACad oeross. ,Borg, a-ar, uittive, or vtehin a tSiA3E) Yt?.ht-of-any tt•.Ilu[ t� �rSaJi::etrn ausc be Changed, rotooscad . ar if,-Mved, tht UCLILcy oLrsing or a.ttnt.I.Atng cote facility ahelt e►+Is.+gn• iutueAca or reZO'I4 it to e<Coillane„ utCh cnc order. 'he ot40r ` s { nistlj 9rq:l•'p • erllaunsbte Ctn.t pactJd for tnr.;,ti•ne.. ° ,ae:. 3. n3 19.i9.4:4fb) La a:laadtd eo rss•3: .` 461 t` tse uriiity faeitfey t, nuc a.aaAwj. relocieed of tlmoved fa:lltty byv.,.:..1s •q,t yryavthoritud -i 4 e+.TOaC�•37GL AR•j a.`f J; dtayct+ld of in SCtnt•t1nQv vtt!1 I•. i9.11.:l0 :n •rJdtcL:.n. ehs ester of the f.lctsity at.•11 tnd+acr.tfy tr+l1 ! N•s:a ��,,T�,1:.:i��:sa fve .:t.y a=u,%t for u, tch the •eato or nlfnii(a_ 1�t- 1 ..� 'J's .i: � ;n .t t•I.li;.t\.rJ ::j Of •t ttlCrOi�rrZlflt. tt r ! <.1 ! 7.1 .`. i:: i�:y .-.t ;: ..i...i.Sy, .::.:.is.r , t._..:•la►. •1 'efi ' � 1 1 ! .V,,,„=1:bp,� nucrsr:r.tcoj by +s;�:ay to:,scr�:tt,srs !t a cost of :►.g:%U*Y ..nssrscl.ion t, CU paid :y C:e state •s: cunia�aftt+► lit: ..e ...� ...... .... .... ........�.« ............�....».....�.,,....,......w...nwi.;.ti.nta..,....wa•:.�....+•iYClaa�y:aM.ra.w�:.^ :ta.. --_-.....-:; �; AdCCgO,u:�2 VITtt �S t1.�a,�itittai►. nacvit�rxtnndirg th4 teat• or prs• '416:ans of anf extsttng pacute. Apliraent, cagutttiaa or •catvte to cba eoaernYy��fc+Pe tfi t_ a nktiya►,* 4 to042-,$he Cog of retoeat-Wngf uxtitcv /ecittiles- ch c a oe_ la tend En a eunte4tinl rtght-of-vav undo tha. mIdWont of s valid t4spennc� or t See. 4. AS E9.2S.260 to r►acndtd to road: SVC. 19.75,2406 St121.:aY PEY-OVAL. tht d•p,teeeent a-r`.:��nectryat- ts.1 sty C6 any CSZ%s r40OV43 Lrws a iS;ATT,t highway at road uAdve tt_ a iodic tan an anC:oaeF,rLnt eh,tic IMIC111 +Dittaet: or pravenea the i f use of the highway or funs; by the pubttc. li a Ste. a. A 3untclpottCy to not: able&atad f4f ucttlty lacittty raises- �� i ) Oon coots associated etch a btttw,.y project lac vnt:h gtoorat aLtig.stton . �bands hsvt "Oft :PPf"441 Of far uh.ch .cac= .yn.f:st t.snd a t►peoprtottcnt ff hsiva bo9�t reestv,rd b,:tara CN: ttl4celva Leta nE r.::is A:e. �i Sec. 3. . a I. I P 0 r'1 KENAI PLANNING 6 ZONING Cb.%1MISSION Regular Meeting, March 9, 1983 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL t Present: Lee Lewis, Phil Bryson, Chris Monfor,*Ozzie Osborne, and Bob Roth Absent: Hal Smalley, excused for death in family j i 2. PUBLIC HEARINGS I None I 3. AGENDA APPROVAL Amended Agenda approved with no corrections or additions 4. APPROVAL OF MINUTES OF February 23, 1983 MOTION: Commissioner Bryson moved to approve the minutes of February 23, 1983 as submitted, seconded by Commissioner Roth There were no objections 5. OLD BUSINESS None 6. NEW BUSINESS a. Preliminary Plat: PZ83-2, Redoubt Terrace Subdivision Add. No. 6 This plat was withdrawn at the request of the developer at the last meeting, however the variance was granted by the Board of Appeals and the plat returns for approval. It should be noted that Commissioner Bryson is abstaining due to a conflict, Commissioner Bryson•s firm is handling Horizon Construction. Jeff Labahn stated that there may be one problem in that the lots do not meet the 3 to 1 criteria, i.e. the lots are 3 times longer than the width, howevert the Borough has reviewed the plat and have indicated that they will recommend an exception if the plat is approved by the Planning Commission. J KENAI PLANNING & ZONING COMMISSION Page 2 Regular Meeting, March 9, 1983 MOTIONS Commissioner Bryson moved to approve resolution PZ83-2 witif correction of negative findings seconded by Commissioner Monfor. * Commissioner Osborne joined the meeting Jeff Labahn recommended to the Commission that the requirement of a party wall agreement be added as item it on this resolution. MOTION AMENDMENT: Commissioner Roth moved to add as item 11 on PZ83-2 a party wall agreement be added, seconded by Commissioner Monfor. Councilwoman Bailie asked who would enforce a party wall agreement. Mr. Al 1lenrickson stated that in the party wall agreement it will state that the administrator of the agreement will be appointed and this person would enforce all portions of the agreement. The agreement would be made up of those persons purchasing the property and they elect the administrator. Both Motion and Amendment passed by unanimous roll call vote. b. Preliminary Plat: PZ83-10, Nattfield Subdivision This plat, while still preliminary is a revision of the original plat approved in November. MOTION: Commissioner Bryson moved to approve PZ83-10, Mattfield Subdivision, seconded by Commissioner Roth. Commissioner Bryson stated that in the past the Commission did not have authority to ask for as-builts but it appeared as though the surveyor could be required to certify the building as in conformance with the zoning requirements and asked than this be researched. Jeff Labahn stated that it is within the bounds of the Commission to require this Information on the plat. Motion passed unanimously. C. Preliminary Plat: PZ83-11, U.S. Survey 104, Amended MOTION: Commissioner Bryson moved to approve PZ83-11, seconded by Commissioner Osborne. Commissioner Bryson asked Jeff Labahn how this property would lie in reference to the Central Heights plat of the last meeting, Mr. Labahn stated that this plat lies to the north and west. KENAI PLANNING & ZONING COMMISSION Regular Meeting, March 9, 1983 Page 3 Councilman Wise stated that he was sure that there was a roadway in the area somewhere and since it did not show on the plat, it would be a good idea to at least locate it should a case of denial of access would arise. It was pointed out that this roadway has been In existence and has been in use for a long period of time, but it could not be located by those present. The second concern was on a building shown on the plat which encroaches on a lot line which is unacceptable. MOTION: Commissioner Bryson moved to postpone this plat with the request that administration return with any information that can be garnered addressing access to the property and the encroachment, seconded by Commissioner Roth. Motion passed unanimously d. Preliminary Plat: PZ83-12, Treetop Subdivision MOTION: Commissioner Bryson moved to approved resolution PZ83-12 as submitted, seconded by Commissioner Osborne. Commissioner Osborne asked Jeff Labahn to clarify the access and utility R.O.W. According to the City Engineer, his only concern is that this not be construed to be an obligation on the part of the City to construct and/or maintain a road indicated where the 30' access and utility easement lies. The developer stated that this will be a permanently dedicated easement for the utilities. Commissioner Bryson asked if the water adequacy was addressed by the City, Howard Hackney stated that the water and sewer was now being taken over completely by the State D.E.C. Councilman Wise asked how many units were involved in each building, they are designed to be 4-plexes. Jeff Labahn stated that he would make a formal recommendation to the Commission that they in some form amend this resolution to reflect that the City will not be obligated for construction and/or maintenance of a roadway within the 30' access and utility easement. MOTION AMENDMENT Commissioner Bryson moved to include in the resolution PZ83-12 the statement that the City of Kenai will not be obligated for construction and/or maintenance of a roadway within the 30' access and utility easement, seconded by Commissioner Osborne. Discussion followed concerning access and it was decided that access would be from both Magic Street and Spur, with Magic to go through at some point in time. If the developer sold the two back lots he would then have to KENAI PLANNING & ZONING COMMISSION Page 4 Regular Meeting, March 9. 1983 put Magic all the way through. Commissioner asked Jeff Labban to address her concern about this many 4-plexes in this area with no City sewer, this area being one that has had problems with a high water table. Commissioner Bryson pointed out that the plat will have to be signed off by DEC before it is filed and developers have to conform to DEC to be able to file the plat. Mr. Lowry stated that borings and perc tests have already been done. Both motions passed with unanimous approval 7. PLANNING The three items, Section 36, Sign Code, and Townhouse Ordinances will be dealt with at a work session after the meeting. S. OTHER BUSINESS a. City Council Report Councilman Wise informed the Commission that Mrs. Glick had been appointed to the Council. A lease for lands bordering the airport will be coming before the Commission soon. Appropriations were made for street and water & sewer projects and for designing of the airport apron. The resolution concerning the return of the zoning powers from the Borough was defeated. b. Borough Planning Report As yet no word has come from the mayor and there is no representation. Co City Administration Report Nothing to report 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS & COMMENTS Commissioner Monfor asked for response concerning the used car lots KENAI PLANNING & ZONING CciM.41SNiAN page g Regular Meeting, March 9, 1983 that seem to have sprung up, sirecifleally at the Beaver House location and at the Union 76 station on the corner of. Willow and Spur. The care are right up to the curb and are obscuring visibility as well as being an eyesore. Jeff Labahn explained that the only section of the code that might deal with that is the nuisance section as these car lots are within the zoning permitting the pale of cars, however ao to the cars being right up to the curb, it was agreed that there were setbacks that would protect the driver, these setbacks not only being city but state as well. Administration will check into this. 11, ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting will be March 23, 1983 at 700 p.m. with a work session on the same three items to follow. Respectfully submitteds mcciffam Ja t Loper, c etary ..�,..— -IL KENAI ADVISORY HARBOR COXMIS.31ON March t, t983 Brief Mammary of Trip to Juneau by Commiusioner Tom Thompson 6 Commissioner ( M.W. Thompson taken on February 23, 1983. City Manager Bill Brighton gave a review of his trip which coincided with the trip the two CommLooloners made. Mr. Brighton explained that his task was to give attention not only to the harbor project to but all city projects and found that after going through all the specified offices and personnel, it appears that Kenai will be getting no money for projects from the Governor's budget, however, since the legislators have not yet been consulted on needs of their districts, the budget is on hold. Our majority leader is Milo Fritz and as of this time he has not submitted anything for,.the area north of ' Ninilchik. Commissioner M.W. Thompson met with Senator Kerttula who appeared to be the moot profound and gave the most encouragement. Senator Kerttula indicated that timing was bad for funding since the oil prices are going down as are E revenues. He agreed that the project was a regional one and informed Commissioner M.W. Thompson that the harbor request would be "placed in the hopper". r Commissioner Tom Thompson visited with several of the legislators and recieved alot of positive feedback but no committments. On the practical side, Mr. John Bates was very knowledgable asked very good questions about the harbor -- project, ho has worked 9 years in Anchorage and in Juneau for 2 years. It was his opinion that the City of Kenai should be considering up to 1,000 boats rather than the 400 anticipated since Anchorage would be very interested " in a facility that is closer. There were a couple of ways suggested to get i into the governor's budget, one was by amendement. It was also suggested that If the project could just be introduced, then the City of Kenai would have a chance. Parson C.ontaatuA Governor Sheffield Representative Betty Cato, Chairwoman Senator Kerttula Transportation Commission Senator Frank Fergufson@ Chairman, Senator Paul Fischer Community b Regional Affairs Senator Don Gilman Mark Lewis, Commissioner, Representative Hugh Malone Community b Regional Affairs Representative Milo Fritz John Bates, Dept, of Transportation b Public Facilities Vince O'Reilly, Dept. of Commerce b Economic Development i� u 3:N F-O March 7. 1983 This time the Arabs have done it for us Instead of to us. The prospects of tumbling oil prices and the resulting lowered Inflation expectations have caused long term bond rates to take an unexpected turn downward. Last week the Bond Buyer's rj G.O. Index was at 9.04% and the Revenue Bond Index was 9.62%. International events such as this only emphasize Hr "r the hazard of predicting interest rates. The tax- exempt market at these levels "r "r appears to present an excellent opportunity for as „H municipal borrowers. wr ur fin on 1A It ) VIV HA a„ Ha nl, •lr 1 u„ : l� r ••r ar _ i ' ar ar a,l Ha `.' I •n OlrYYC/M►tlO,lolKfAASAfbgN "Me OWNW6 r11MA .H S• 1 1 .n 1 N I I •e M w W OCr a N, rM /r, w M W M M r M O.t W . /Y •A W M Y• N, ,rl r �yw Mw. r r wh<•�wq r/YI.Vw - r r b r•lr. ,rr •n �.... •MIMti-V•pr V•aP•-ertlMul M• •w•O41 •'�.+ 1 3 V ` SEAiT1.e 195 Ca,v+bA svrn :care vam nynn ys,M r205)�aa 3sfl0 ,"1 e rnq,la, e).1nY1 a1 QIA11nOM. IAGnIrC, YaAOun Vocnnb RumA1,0 llAiln Trrlitln _' 1, V IN6•:.1 Y�0 •h. •MM.I. :-I.•Y•..7 It .:. to .11 4 )'II 'M-.P L_HJ ••!• 't'!••.7� .�.•LI:N �' A,1tAa•.q. BAItl Caw0•AMM iWOantA JYMW LAaaSOw YO.1n,1Y1•l0A �O•IAngt,1.. tlm�. una.Aaam, M„ra1rN E ,)C•r••bly •htlei.rfT `d u4r7sn e'•taq ••0•. rDQfi •rt,'✓, w•A 'e•.�,•,,n r�.•YM•• .Lp�+ai r.0 wG •.sI6.4L Ir AYMaM el is COMeq ►e"'Aw r K""-ft 940 rar orr m halm" Nb"Va„ta - .ad o. v,+) e•r'.... a/+•t.•iar wn a,., :r •)�: n •^ Srn •1S •sY eo1" CowA:x, 4'O�••'•• • • oe. n a. w,: m •nl:rH.aq .5.. wl••)• o.nWtton <r r KENAI PENINSULA BOROUGH BOARD OF ADJUSTMENT AND REGULAR ASSEMBLY MEETING FEBRUARY 1S, 1983; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING G/ SOLDOTNA, ALASKA -AGENDA - Page No. A. CALL TO ORDER OF BOARD OF ADJUSTMENT 1 B. ROLL CALL OF BOARD I C. PRESENTATION OF APPELLANTS' POSITION ON APPEAL OF THE rLANNING COMMISSION'S DECISION 1 (a) Negotiated Land Sales (R. L. Schmidt) 1 Appv Prtn (b) Birch Hollow Subdivision (J. K. Tempel) Postponed D. DECISION OF THE BOARD a a a A. CALL TO ORDER 1 B. PLEDGE OF ALLEGIANCE 1 C. INVOCATION: Rev. Jim Pearson, Christ Lutheran Church, Soldotna 2 D. ROLL CALL 2 E. SEATING OF NEW ASSEMBLYMEMBERS (a) Submission of Petitions of Nomination of Candidates to Fill Vacancy of Ray Gillespie 2 (b) Selection of Candidate 2 (c) Oath of Office, New Assemblymember 2 F. APPROVAL OF MINUTES OF February 1, 1983 2 Approved G. COMMITTEE REPORTS ja) Finance (Crawford, Corr, Carey, Dimmick) 2 b) Local Affairs/Ed (Jean, Glick, Douglas, Keene, McGahan) 2 (c) Public Works (Arness, McBride, Stephens, King) 3 MLegislative Affairs (Dimmick) 3 Land Disposal (Corr, Crapuchettes, Glick) 3 H. AGENDA APPROVAL 3 I. ORDINANCE HEARINGS (a) Ord. 83-6 "Authorizing the Receipt of a $20,000 Grant from the Southern Region Emergency Medical Services Council, Inc. to the Central Peninsula Emergency Medical and Ambulance Service Area and Appropriating These Funds for Use in the Purchase of an Ambulance" (Mayor) 3 Enacted J. INTRODUCTION OF ORDINANCES (a) Ord. 83-9 "Providing for the Acquisition of owers ecessary to Provide Road Maintenance On Roads Located in the Borough Outside Cities to Be Funded from State Aid to Municipalities Ref. L.A. for Roads" (Dimmick) 3 $ P.W. Cm Rtn. 8-83 (b) Ord. 83-10 "Providing for the Removal from the ct ve Tui File Delinquent Personal Property Tax Accounts from 1978 and Prior Years and Personal Property Tax Accounts Which Have Had No Taxpayer Activity for the Preceding Two Fiscal Years" (Mayor) S Set Hear. 3-15-83 (c) Ord. 83-11 "Establishing Accounting Procedures or EncumUrances for the Borough and School District" (Mayor) 5 Set clear. 3-15-83 (d) Ord. 83-12 "Changing the Order of Business for the ConduFt of Borough Assembly Meetings By Providing for the Acceptance of Resignations and for Declaring Vacancies and for Filling Vacancies and Seating New Members and Repeal- ing Conflicting Sections" (Corr) S Set Hear. 3-15-83 (e) Order 83-13 and Eofction nanceg tomProvideSforitheAElectionrea Service Area Board Members Who Receive the Largest Number of Votes" (McGahan) S Set Hear. 3-15-83 K. CONSIDERATION OF RESOLUTIONS (a) Res. 83.35 "Accepting the Proposal of Ted Forsi an�Asssociates, Inc., to Provide for the Con- struction Inspection Services of Bear Creek Drive" (Mayor) S Adopted (b) Res. 83.36 "Authorizing Award of Contract to Air —'leR, Inc., for the Soldotna High School Swimming Pool Mechanical Room Renovations Project and the Transfer of $1S,000 of Excess Capital Improvement Funds to the Project" (Mayor) S Adopted (c) Res. 83-37 "Approving Construction Documents or the silsan B. English School Additions and Renovations (1983) Project and Authorizing Carmen Gintoli to Proceed With the Bidding Phase" (Mayor) 6 Adopted (d) Res. 83-38 "Requesting it Direct Grant from the rate Legislature for the Purchase and Replace- ment of Fire Apparatus for the Nikiski Fire Service Area" (Mayor) 6 Adopted (e) Res. 83-39 "Authorizing Boettcher and Company to'BistriFute a Preliminary Official Statement Relating to the Kenai Peninsula Borough $53,S40,000 General Obligation School Bond and to Take All Other Action Necessary to Cause a Proposal for the Purchase of Said Bonds to Be Submitted to the Assembly" (Mayor) 6 Adopted (f) Res. 83.40 "Requesting the State of Alaska epa�nE of Natural Resources to Release Agricultural Research Reserves Not Actually Being Presently Utilized" (McBride) 6 Defeated (g) Res. 83-41 "Requesting the Legislature to Amend Title Z9 Municipal Election Provisions to Permit Plurality Elections" (McGahan) 7 Adopted (h) A Resolution Commending and Congratulating Cheryl Ann "Cherry" Carson for Her Selection As the Alaskan Candidate for "Outstanding Young Woman of America" (Mayor) 7 Adopted (i) Res. 83-42 "Requesting lithdrawal of Senate Bill 2911 (Mayor) 7 Adopted f .. � __ 11 L I M Res. 83-43 "Amending Section 3 of Resolution 53-30 to odify the Effective Dates of the Procedures for Selection and Contracts with Architects" (Arness) 7 Adopted (k) Res. 82-44 "Requesting an Appropriation from the Legisrature to Fund the Relocation of the Department of Transportation's Homer Mainten- ance Facility to Enhance the Construction of the Homer High School" (Dimmick) 7 Adopted L. PENDING LEGISLATION (a) Ord. 82-85 "Rezoning Lot 28, Bik 12 Original Townsite Within the City of Seward to Limited Commercial District" (Mayor) POSTPONED TO 4-1 (b) Ord. 83-8 "Providing for Clarifying Confiden- tiality of Properly Filed and Paid -up Accounts and Lack of Confidentiality of Delinquent Tax Accounts and to Provide for Publication of the Names of Businesses Assumed to Be Out of Busi- ness in Kenai Peninsula Borough Code 5.16" (Finance Committee) SET TO HEAR 3-1-83 (c) Res. 83-13 "Urging the Alaska Congressional Delegation to Work for Repeal of 42 USC 300 M (D) and Urging the State to Subsequently Repeal AS 18.07.03L-111 Which Provides for a Certificate of Need Program for the Construction, Alteration of Bed Capacity, or Addition or Elimination of a Category of Health Services of a Health Care Facility (McGahan) REF L.A. CMTE. TO RTRN. 3-1 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT jai Financial Report for January, 1983 8 Ack. Rcpt b DEC Hearing on Wastwater Regs/Subd. Authority 8 c Teleconference 2-16 on HB 42 8 0. OTHER BUSINESS (none) P. ASSEMBLY AND MAYOR'S COMMENTS 8 Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA FOR THE MEETING R. INFORMATIONAL MATERIALS AND REPORTS 9 S. NOTICE OF NEXT MEETING AND ADJOURNMENT (March 1, 1983) 9 C KENAI PENINSULA BOROUGH BOARD OF ADJUSTMENT AND REGULAR ASSEMBLY MEETING MINUTES FEBRUARY 15, 1983; 1:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER OF BOARD OF ADJUSTMENT The Board was called to order by Board Chairman Don McCloud at 7:30 P.M. B. ROLL CALL OF BOARD PRESENT: Boardmembers McBride, McCloud, Stephens, Arness, Carey, Corr, Crapuchettes, Crawford, Dimmick, Douglas, Glick, Jean, Keene, King; Mayor Thompson, Atty. Delahay, Admn. Asst. Best, Finance Director Barton, Assessor Thomas, Engineer Conyers, Dpty. Borough Clerk Brindley ABSENT AND EXCUSED: Boardmember McGahan C. PRESENTATION OF APPELLANTS' POSITION ON APPEAL OF THE PLANNING COMMISSION'S DECISION (a) Negotiated Land Sales (R. L. Schmidt) Sec. 30, TSN, Ri1W, S.M., Lot IS and Sec. 31, TSN, R11W, S.M., Portion of Lot 7 Mr. Schmidt reported he has lived in this area since 19SO and has a commercial fishing set net site directly below Lot 1S. While the lots were in the state's hands he utilized the portion of Lot 7 for access to the beach and Lot 15 contains buildings used in his fishing operation. He reported he owns Lot 8 and wished to include the portion of Lot 7 which encompasses the beach access road. The Planning Commission's action would have the Borough retain ownership and grant an easement 60 ft. in width for public access and utility purposes along the existing road as far as Mr. Schmidt's property. It would not provide access to the beach, only from Kalifornsky Beach Road to the common property line of the Borough and applicant. D. DECISION OF THE BOARD BOARDMEMBER ARNESS MOVED TO SEPARATE THE LOTS BEING APPEALED FOR PURPOSES OF VOTING AND MOVED TO ACCEPT OPTION it TO SELL THE PORTION OF LOT 7 ENCOMPASSING THE BEACH ACCESS ROAD, APPLICANT TO BEAR COSTS OF SURVEYING AND REPLATING. MOTION WAS APPROVED BY A VOTE OF 11 YES TO 3 NO; Dimmick, Glick and Jean voting N0. Further stipulations require the replat to be accomplished according to Borough ordinance(s) within 180 days of Assembly approval and combine applicant's parcel (Lot D Schmidt Subd.) and that portion of Lot 7 into one parcel and show remainder of Lot 7. BOARDMEMBER ARNESS MOVED TO UPHOLD THE PLANNING COMMISSION'S DECISION CONCERNING LOT 15 WHICH WAS THAT THE BOROUGH RETAIN OWNERSHIP AND REQUIRE APPLICANT TO REMOVE ANY AND ALL IMPROVEMENTS WITHIN A PRESCRIBED PERIOD OF TIME. MOTION WAS APPROVED BY A VOTE OF 10 YES TO 4 NO; Corr, Crapuchettes, Douglas and King voting No. A. CALL TO ORDER OF ASSEMBLY The regular assembly meeting was called to order following adjournment of the Board of Adjustment at approximately 9 p.m. B. PLEDGE OF ALLEGIANCE - 1 - L - --IL __--_ -.-..--- - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, FEBRUARY 15, 1983 C. INVOCATION As Rev. Noel Rich was unable to be present at this meeting, Pastor Jim Pearson of Christ Lutheran Church, Soldotna, gave the invocation. D. ROLL CALL Assemblymembers present wire the same as the Board of Adjustment. E. SEATING OF NEW ASSEMBLYMEMBERS (a) Submission of Petitions of Nomination of Candidates to Fill Vacancy of Ray Gillespie 1. Willard E. Dunham, Seward 2. Robert A. Leary, Moose Pass 3. Jonathan W. Sewall, Seward 4. Larry L. Smith, Cooper Landing Pres. McCloud allowed each candidate an opportunity to address the Assembly briefly concerning background and philosophy. (b) Selection of Candidate ASSEMBLYMEMBER DOUGLAS MOVED TO ALLOW THE ELECTION TO PROCEED WITH A SIMPLE MAJORITY DECIDING THE WINNER AND THE MOTION WAS APPROVED WITH UNANIMOUS CONSENT. ASSEMBLYMEMBER JEAN MOVED TO ALLOW A VOTE ON THE CANDIDATES RECEIVING THE TWO HIGHEST VOTES IN THE EVENT THERE IS NOT A SIMPLE MAJORITY CAST. MOTION WAS APPROVED BY A VOTE OF 8 YES TO 6 NO; Carey, Carr, Crapuchettes, Dimmick, Douglas and King voting No. Ballots containing the four candidates were circulated and votes were tallied. The second ballot was between Sewall and Leary. On the third ballot, Jonathan Sewall was elected with 8 affirmative votes. (c) Oath of Office, New Assemblymember The clerk administered the oath of office and Mr. Sewall took his seat. Senator Paul Fischer was present and Pros. McCloud offered him the floor if he wished to speak. Son. Fischer reported it was good to be home, while he enjoyed working in Juneau. He looked forward to seeing some of the assemblymembers on visits to the Capital. F. APPROVAL OF MINUTES The minutes of February 1, 1983 were approved as written. G. COMMITTEE REPORTS (a) Finance (Crawford, Corr, Carey, Dimmick) Mr. Crawford reported the committee met this date, considered and approved for enactment Ord. 83-6. Approved for introduction were Ord. 83-10 and 83-11. Resolutions approved for adoption were Res. 83-38, 83-39 and 83-44. (b) Local Affairs/Ed (Jean, Glick, Douglas, Keene, McGahan) Sharon Joan reported the committee met at 5 p.m. and discussed Res. 83-40 with 3 members against and i for postponement, recommending referral to the committee for further study. The committee opposed _ Res. 83-41 and Ord. 83-13. She announced that the requested joint work session with the Planning Commission will be held on March 7th at -✓ 7:30 p.m. in the Coffee Room and urged Assemblymembers to attend. - 2 - -n KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, FEBRUARY 15, 1983 (c) Public Works (Arness, McBride, Stephens, King) Mr. Arnoss reported the committee met this evening and opposed Ord. 83-9 and announced the next Public Works committee meeting for February 22 at 7 p.m, in the Coffee Room to be devoted to solid waste problems. (d) Legislative Affairs (Dimmick) Mrs. Dimmick urged the Assembly to study the AML Bulletins being sent out on bills of interest to the borough. She reported current status of any bills can be obtained from the Legislative Affairs office. She stated comments received at a teleconference on SB 29 were negative, including the Municipal Clerk's Association. It appears Son. Vic Fischer will not pursue this but adoption of Res. 83.42 in opposition, would be advised. (e) Land Disposal (Corr, Crayuchottes, Glick) Mr. Corr urged attendance at the March 7 Joint Workshop with the Planning Commission as some co-isensus would be sought on the Moose Point land sale. He reported a number of real estate brokers addressed the subject at last night's meeting. H. AGENDA APPROVAL Pros. McCloud requested addition of Res. 83-42 (Item K(i), Res. 83-43 (Item K(j) and Res. 83-44 (Item K(k). There was no objection and so ordered. I. ORDINANCE HEARINGS (a) Ord. 83-6 "Authorizing the Receipt of a $20,000 san-t-irom the Southern Region Emergency Medical Services Council, Inc. to the Central Peninsula Emergency Medical and Ambulance Service Area and Appropriating These Funds for Use in the Purchase of an Ambulance" (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 JEAN MOVED THE ENACTMENT OF ORD. 83-6 AND WITHOUT DISCUSSION IT WAS APPROVED BY UNANIMOUS CONSENT. J. INTRODUCTION OF ORDINANCES (a) Ord. 83-9 "Providing for the Acquisition of ewers ecessary to Provide Road Maintenance On Roads Located in the Borough Outside Cities to Be Funded from State Aid to Municipalities for Roads" (Dimmick) Mr. Francis Moore, Chairman of the Central Peninsula Road Maintenance Service Area, appeared at the request of the Board to oppose Ord. 83-9. He noted the ordinance seems to have three purposes: To establish construction standards for maintenance of roads, to classify and prioritize roads for services, and to do away with the road service areas recently formed. He stated construction standards may be worthy of discussion at some future time and he hoped the service area boards uastld have input, but to prioritize the borough's many miles of roads for maintenance would be an awesome task. He believed the costs and logistics involved far outweigh any advantages to be gained and would probably be discriminatory. He stated the main purpose seemed to be to do away with the elected boards which have not really had a chance to prove themselves. He reported in the Central Area over 100 miles of roads were improved last year and they anticipated work on over 250 next summer. This board has managed to put every dollar received from the legislature on the roads themselves. 3 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING. CEBRUARY 15, 1983 Mr. Corr mentioned the problem of getting candidates to run for service area boards and Mr. Moore reported his knowledge of the vacancy came on the last day to file. As improvements are made, more people are becoming aware of the process and soon the Central Area will havo 100 volunteers involved in its operation. Mr. Douglas questioned Mr. Moore as to procedures of this successful service area. Mr. Moore reported the area was broken down into subdivision sized portions and one person chosen from each neighborhood to represent it. This coordinator solicits bids from interested contractors, brings proposals to the Board for approval and signing of contract for work to be done coordinatou by that community spokesman. Mr. Douglas asked if roads were prioritized for maintenance and Mr. Moore stated this would be against the philosophy of the board. Any dedicated road open to use by the public qualifies for funding from the state and the board uses the same formula, each mile of road recoiving equal attention. Maintenance involves grading, gravel whore needed, does not get into construction and snow removal is low priority, most areas preferring to save their allotment for grading. In response to a question from Mr. Sewall, Mrs. Dimmick stated the state allows up to 151 of any funding that comes to the borough to be used for administrative purposes. Mr. King asked Mayor Thompson to comment on the administrative work that would be added with the ordinance. Mr. Thom son stated the service areas are working well for the first year and he believed they provide more local control. Mr. Moore reported so far this year the Central Board has used $13 for administrative purposes (a post office box) and budget for the coming year is less than 10 for administration. Mr. Ed Costa, a member of the Central Board, spoke in support of Mr. Moore's report stating he was a local coordinator before being elected to the Board. He reported some of the neighborhood committees are 15 years old and have cooperatively maintained roads within various subdivisions. ASSEMBLYMEMBER DIMMICK MOVED THE INTRODUCTION OF ORD. 83-9 SETTING HEARING FOR MARCH 1S, 1983. Mrs. Dimmick reported her regard for the situation concerns a portion of the Alaska Constitution, Soctior S of Chapter 10, which deals with the formation of service areas which she believes was violated by the establishment of the four road maintenance service areas. She stated the option of boroughwide road powers should have been placed on the ballot rather than the service areas. In two of the areas, sufficient candidates were not found and the boards did not function until this year. She noted extra tasks were assigned the Borough Clerk and Finance Dept, and finally a Service Area Coordinator with the establishment of the new service areas. She believed as time goes on, more demands for road improvement would be made and some kind of standards need to be set. An advisory board setup would allow successful operations to continue. Mr. Douglas asked Mayor Thompson to comment on the constitutionality of the service areas and Mayor stated many legal reviews of the concept by - the attorney general's office as well as borough attorneys havo concluded it is a legal procedure as it exists here and in other boroughs as well. Mr. King, Mr. Stephens and Mr. Carey spoke for local control as illustrated by the service area board represented. Sharon Jean believed it important that the ordinance not be discarded J without study by committee. She stated claims of increased costs 4 - n � . KIINAI PI1NINA1J1,A 11014OU611 Afi81SMBLY 8 1,111-A1r MERTINri. FEBRUARY I5.1083 should be verified. The ordinance dodo not do away with public Input or notghborhood advisory committos and It 19 a concopt that should bo studiod for long term resolution of road prohloms. ASSEMBLYMEMBER JEAN MOVED ORD. 03.9 BE REPERRUP TO THE LOCAL AFFAIRS AND PUBLIC W0I490 C )MMITTi;11,5 PUR COMPREHENSIVE STUDY, MOTION PA331:D BY A VOTE OF 11 YES to 3 NO; Arnoss, Cropuchottos and King voting No, Sewall not voting, It was dotorminod the ordinance should return to the body by August, 1983, (b) Ord, 83.10 "Providing for the Removal from the ACtIVO TaW Pilo Dolinyyuont Porsonai Property Tax Accounts from 1078 and Prior Years and Personal Property Tax Accounts Which Have Had No Taxpayer Activity for the preceding Two Fiscal Years" (Mayor) ASSEMBLYMEMBER ARNF,SS 14OVED THE INTRODUCTION OF ORD, 83.10 SETTING HEARING DATE OF MARCH 15, 1083 AND IT WAS APPROVED BY UNANIMOUS CONSENT, (c) Ord, 83.11 "Establishing Accounting Procedures or EncumFrancos for the Borough and School District" (Mayor) ASSEMBLYMEMBER CRAPIFORD MOVED THE INTRODUCTION OP ORD, 83.11 BETTING HEARING DATE OF MARCH 15, 1983 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (d) Ord. 83.12 "Changing the Order of Businoss for won at of Borough Assembly Meetings By Providing for the Acceptance of Real nations and for Doclaring Vacancies and for Killing Vacancies and Sooting Now Members and Ropeal- ing Conflicting Sections" (Corr) ASSEMBLYMEMBER CORR MOVED THE INTRODUCTION OF ORD. 83-12 SETTING HEARING DATE OF MARCH 15, 1983 AND IT WAIF APPROVED BY UNANIMOUS • CONSENT. (o) Ord, 83.13 "Amending Sorvico Area and Election r nancos to Provide for the Election of Service Area Board Mombors Who Receive the Largest Number of Votes" (McGahon) ASSEMBLYMEMBER DIMMICK MOVED THE INTRODUCTION OF ORD, 83.13 ZETTING HEARING DATE OF MARCH 15, 1983 AND IT WAS APPROVED BY A VOTE OF 11 YES TO 4 NO; Stephens, Carey, Douglas and Keene voting No, K. CONSIDERATION OF RESOLUTIONS (a) and• and ssoMtoo§I Ile$# tooProvideaforftheedCoon- struction Ins ection Services of Boar Crook Drive" (Mayor ASSEMBLYMEMBER ARNESS MOVED THE AUOFTIOt1 OF RES, 83-35 AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (b) Pas. 83-36 "Authorizing Award of Contract to Air Tex, for the Soidotna High School Swimming Pool Mechanical Room [renovations Project and the Transfer of $15,000 of Excess Capital Improvement Funds to the Project" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES, 83.36 AND IT 71A3 ADOPTED BY A VOTE OF 14 Yk8 TO 1 1110; King voting No,, , 5 - W f= , i KENAI PLNINSUI,A BOROUGH ABSEMBI,Y RIdGULAR MEETING, FEBRUARY 15 1983 (c) nod. 83 37 "Aproving Construction Documents or - yMind;: English School Additions and RonovationB (1963) Project and Authorizing Carmon Gintoli to Proceed With the Bidding Phase" (Mayor) ASSEMBLYMEMBER CORR MOVED THE ADOPTION OF RES. 83-37 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (d) Res, 83.38 "Roquosting is Direct Grant from the Rate Logisiaturo for the Purchase and Replaco- mont of laird Apparatus for the Nikiski Piro Service Area" (Mayor) ASSEMBLYMEMBER KING MOVED THE ADOPTION OF RES. 83.38 AND IT WAS ADOPTED BY UNANIMOUS CONSENT, (e) ROB. 83.30 "Authorizing Boettcher and Company to Vlo tri6uto a Preliminary Official Statement Rolating to the Kenai Peninsula Borough $53,540,000 General Obligation School Bond and to Take All Other Action Necessary to Cause a Proposal for the Purchase of Said Bonds to Bo Submitted to the Assembly" (Mayor) ASSEMBLYMEMBER CRAWFORD MOVED THE ADOPTION OF RES, 83-39 AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (f) Res, 83- 0 "Requesting the State of Alaska ucPartment of Natural Resources to Roiease Agricultural ROOOSTCh Reserves Not Actually Being Presently Utilized" (McBride) ASSENBLYMEMBER MCBRIDE MOVED THE ADOPTION OF RES. 83-40. Mr. McBride stated a number of acres of land are being tied up in the Homer, Fairbanks and Palmer areas by the University for research purposes that are not being utilized. Programs for their utilization do not exist; he felt smaller parcels could better be used for experimental purposes and allow private enterprise to make use of the balance, Mr. Keene opposed the resolution on the grounds that it does not address specifically what lands are referred to, whether University lands or lands being leased by the University, He believed the assembly should tryy to got the state to fund agricultural research sufficiently that thoso lands would be used. Mrs. Dimmick agreed, statij%g to oppose utilization of agricultural land on the peninsula is the last thing the assembly should do, Mr. Crapuchettes supported the concept of the resolution but believed it could be rewritten to show the assembly is not against agricultural use of the land, only the way it is presently being managed, ASSENBLYMENBER STEPHENS MOVED TO REFER THE RESOLUTION TO THE LOCAL AFFAIRS COMMITTEE FOR FURTHER STUDY. There was some discussion as to whether the resolution should go to the Lands or the Local Affairs Committee, Mr, Bost stated the resolution addresses state land and alternative uses at the state level. The Lands Committee is concerned with borough land disposal. Mr. McBride asked it be studied by a special committee. Mr. Corr stated he would prefer to request the state to increase research on the peninsula rather than relinquish its land designation, 6 - r -- - -- oil" "I Aeffm I KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 15 1983 VOTE WAS CALLED AND THE REFERRAL DEFEATED BY A VOTE OF 3 YES TO 12 NO; Stephens, Crapuchettos and King voting Yes. RESOLUTION WAS DEFEATED BY A VOTE OF 5 YES TO 10 NO; McBride, Stephens, Crapuchettos, Douglas and King voting Yes. (g) Res. 83-41 "Requesting the Legislature to Amend Title unicipal Election Provisions to Permit Plurality Elections" (McGahan) ASSEMBLYMEMBER DIMMICK MOVED THE ADOPTION OF RES. 83-41. Mrs. Dimmick stated the problem with requiring runoff elections is that it takes away from local control and is an expensive process to very little purpose. The one exception is the election of Borough Mayor. This amendment to the statute would allow local option which would be accomplished if the revised Title 29 bill is passed at any rate. VOTE WAS CALLED AND RESOLUTION ADOPTED BY A VOTE OF 10 YES TO 5 NO; Stephens, Carey, Douglas, Glick and Keene voting No. (h) A Resolution Commending and Congratulating Cheryl Ann "Cherry" Carson for Her Selection As the Alaskan Candidate for "Outstanding Young Woman of America" (Mayor) ASSEMBLYMEMBER JEAN MOVED THE ADOPTION OF THE CONGRATULATORY RESOLUTION AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (I) Res. 83-42 "Requesting Withdrawal or Defeat of Senato'Bill 220" (Mayor) ASSEMBLYMEMBER DIMMICK MOVED THE ADOPTION OF RES. 83-42 AND TO AMEND THE TITLE TO REMOVE THE WORD "DEFEAT". RESOLUTION WAS AMENDED BY A VOTE OF 14 YES TO 1 NO; McBride voting No. RES. 83-42 WAS ADOPTED AS AMENDED BY UNANIMOUS CONSENT. (j) Res. 83-43 "Amending Section 3 of Resolution - 8b-30 to dify the Effective Dates of the Procedures for Selection and Contracts with Architects" (Arness) ASSEMBLYMEMBER ARNESS MOVED THE ADOPTION OF RES. 83-43 AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (k) Res. 82-44 "Requesting an Appropriation from ti e Legislature to Fund the Relocation of the Department of Transportation's Homer Mainten- ance Facility to Enhance the Construction of the Homer High School" (Dimmick) ASSEMBLYMEMBER DIMMICK MOVED THE ADOPTION OF RES. 83-44 AND IT WAS ADOPTED BY UNANIMOUS VOTE. L. PENDING LEGISLATION (a) Ord. 82-85 "Rezoning Lot 28, Blk 12 Original Townsite Within the City of Seward to Limited Commercial District" (Mayor) POSTPONED TO 4-1 (b) Ord. 83-8 "Providing for Clarifying Confiden- tiality of Properly Filed and Paid -up Accounts and Lack of Confidentiality of Delinquent Tax Accounts and to Provide for Publication of the Names of Businesses Assumed to Be Out of Busi- ness in Kenai Peninsula Borough Code 5.16" (Finance Committee) SET TO HEAR 3-1-83 - 7 - eft' . I C- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING. FEBRUARY is, 1983 (c) Res. 83-13 "Urging the Alaska Congressional Delegation to Work for Rep al of 42 USC 300 M (D) and Urging the State to Subsequently Repeal AS 18.07.03L-111 Which Provides for a Certificate of Need Program for the Construction, Alteration of Bed Capacity, or Addition or Elimination of a Category of Health Services of a Health Care Facility (McGahan) REF L.A. CMTE. TO RTRN. 3-1 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA (none) N. MAYOR'S REPORT (a) Financial Report for January, 1983 ASSEMBLYMEMBER CRAWFORD MOVED TO ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT FOR JANUARY AND THANKED ADMINISTRATION FOR EARLY RECEIPT. (b) DEC Meeting Mayor announced a Dept. of Environmental Conservation meeting on Thursday, February 17 at 7 p.m. in the Assembly Chambers on wastewater regulations vs. subdivision authority. (c) Teleconferences Mayor reminded the assembly teleconferences are held every Thursday evening at 7 p.m. and Tuesdays between 6 and 7 p.m. for District 6. There will be a special hearing on Wednesday at 1:30 p.m. on HB 42, determining population for allocation of state aid. 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS i Mrs. Glick reported having a tour of the Nikiski Fire Stations and stated she was very impressed with the program and personnel. She also attended the NFSA Board meeting during which budget was discussed and appreciated what was being accomplished while maintaining current mill levy. She invited other assembly people to visit as well. Mr. McBride noted an informational letter in the packet concerning a road improvement threat of law suit in Anchor Point. He did not recall seeing the road on a request list and asked Engineer Conyers to look into it. Mr. Corr referred to a letter from the Central Hospital Board asking the status of the resolution requesting the elimination of the Certificate of Need requirement. Sharon Jean reported Res. 83-13 would come out of Local Affairs committee March 1 with some amendments offered by the Hospital Board. Mr. Corr reported attending the National Assoc. of Conservation Districts meeting and obtaining information regarding sewage use in farming and sources of additional material. He requested an excused absence from the March 1 meeting when he will be attending a NACo Legislative Conference in Washington, D.C. Mr. Corr reported the agriculture lands hearings will be held by the committee on March 10 in Soldotna, March li in the Homer H.S., March 21 at the Nikiski Fire Station b2 and March 22 in Seward City Hall. Mr. Carey reported many contacts from Sterling residents, stating he and Mr. Stephens are planning a meeting with them to gain understanding of the problem with the waste site. He reported on an accident that occurred in Homer where a local student at a wrestling match there was J not able to obtain ambulance transport to Soldotna which is a fault in the service area concept. 8- 1 p' KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING. FEBRUARY 15, 1983 Mr. Carey appreciated the information and service he has received from the Legislative Affairs office. He also welcomed new assembly member Jonathan Sewall. Mr. Sewall expressed pleasure in being appointed. Mrs. Dimmick reported the ambulances in Homer have no connection with the So. Peninsula Hospital Service Area but are a separate volunteer organization under contract with the City of Homer. Emergency medical service by service area do not extend south of Tustumena. Ms. Jean and Mr. Stephens welcomed Mr. Sewall. Mr. Douglas requested the results of a pricing of gas study on the Kenai Peninsula Borough be available for the next meeting. He thanked Sen. Fischer, as Exec. Director of the U of A Petroleum Extension Program, for the amendments to SB 19 for funding housing at the t; Community College which would bring approximately $6.5 million to the area for construction of the facility and site preparation. Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA FOR THE MEETING Sen. Paul Fischer reported a resolution has been introduced in the Legislature opposing the wastewater regulations referred to by the Mayor and there is a bill to repeal the Certificate of Need requirement which should come out of HESS this week. There might be some amendments due to insurance considerations. He referred to SB 19 stating a resolution from this body as well as individual contacting of the Finance Committee members might keep it from being eliminated. R. INFORMATIONAL MATERIALS AND REPORTS Pres. McCloud noted receipt of the 1983 Bond Issue Projects, Final Draft of the Road Project Request and the Project Management Report. S. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. McCloud reported the next regular meeting will be March 1 and reminded assembly members of the Thursday evening meeting with DEC representatives. Meeting was adjourned at 11 p.m. Date approved March 1. 1983 ATTEST: Assembly President puty Borough Cler - 9 - La ] . ►t r - "iVED KENAt PENINSULA BOROUGH REGULAR ASSEMBLY MEETING r w•3 �� 1: 33 MARCH 1. 1983; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLOOTNA, ALASKA t3Y CCTV CLCRK _ CITY OF KZ14,04 '"v• A G E N 0 A Assembly ~w• "-'"" . _._ ,, , - A. CAL.. TO ORDER McCloud Mccahaa B. PLZDCB OF ALLEGIANCE Sewall " Stevens C. INVOCATION: Rev. Ken Hepner. United Methodist Arness Church. Soidotne Carey ti': •....!�..: t5�...1'!L�, r..`s�'� D. ROLL CALL _ Corr Crapuchectes i ew,.•h:t�:rs^: �. , „► . B. SEATING OF NEW ASSEMBLYMEMBERS Crawford • Dimmick F. APPROVAL OF MINUTES OF February 15. 1963 Douglas G. G1ick 'C0MMITTEE REPORTS Jean Keene (a) Finance (Crawford. Coss. Carey, Dimmick, King • Sewall) McBride (b) Affairsnjd (Jean, Glick, Douglas. Keene PubILcWorks (Arness. NcBride. Stephens, King) 1491 d Legislative A fairs (Dlmmick) e Land Disposal (Coss, Crapuchectes. Click) H. AGENDA APPROVAL ' I. ORDINANCE HEARINGS (a) Ord. 83.8 "Providing for Clarifying Confiden- Trs- y of Properly Filed and Paid -up AetountI and Lack of Confidentiality of Delinquent Tex Accounts and to Provide for Publication of the Names of Businesses Assumed to Be Out of Business in Kenai Peninsula Borough Code 5.16" (Finance Conte.) J. INTRODUCTION OF ORDINANCES , • (a) Ord. 83-I4 "Authoriting the Expenditure of oso 8 ugiFunds to Proceed Through the Construc- tion Phase of the Proposed Homer High School Site Development Package" (Mayor) (b) Ord. 83-IS "Amending KPB 1.20.030A(7) to Provide :*'•� :;..�::::•.::.ii.«,tit/ or�eption Approved By Resolution of the Assembly from the Requirement that Purchase Orders for Equipment Lists Should Be Issued Within Nine Months After the School Facility Has Been Turned Over for Beneficial Occupancy, and Clarifying the Requirement" (Mayor) (c) Ord. 83-16 "An ordinance of the Kenai Peninsula oroug uthori:ing and Providing for the Issuance of Not co Exceed SS3.4S0.000 of General Obligation Bonds of the Borough for the Purpose of Raising Funds to Pay the Costs of School Construction in the Borough, Fixing Details of Said Bonds, Providing for the Form and Hanner of - Sale of Said Bonds, and Pledging the Full Faith and Credit of the Borough co the Payment Thereof" (d) Ord. 83.17 "Providing for Disposal of Certain arch Borough Selected Lands By Negotiated Sete" (Dimmick) (s) Ord. 23.18 "Providing for the Disposition of soug selected Lands to the General Public By Sealed Bid Land Sale" (Gimmick) 1 9. CONSIDERATION OF RESOLUTIONS L. PENDING LEGISLATION (a) Res. 83.13 "Ursinj the Alaska Congressional o ogat on to Work for Repeal of 42 USC 300 M (a) .Ord. 82-85 "Regoning Lot 28, Olk 12 Original Towastte Within (D) and Ueaainfthe State to Subsequently Repeal the City of Seward to Limited Commerciel 0lstrlcc" (Mayor) POSTPONED TO 4.1 AS 18.07.0 L-11 Which Provides for a Certificate of Need Program for the Construction 'Alteration (b) Ord. 83.9 '•Providtn for the Acquisition of of Bed Capacity, or Addition or Elimination of a Powers Necessary to Provide Road Maintenance Cate ory of Health Services of a Health Care Facility (McGahan) RAF L.A. CHTB. TO RTRN. 3.1 On Roads Located in the Borough Outside Cities to Be Funded from State Aid to Municipalities (b) a 83.45 "Acknowledging Transfer of Funds for for Roads" (Dimmick) Ref. L.A. 6 P.N. Rtn. 6.83) two c or Point School electrical Service, (c) Ord. 85.10 "Providing for the Removal from the Existing Building Repainting New Well and Water Active Tax file Delinquent Personal Property • treatment System in the Amount of $43,586 from Tax Accounts from 1978 and Prior Years and Account No. 062-10003.9007 to Account No. 062- Personal Property Tax Accounts Which Have Had 101B2.9007 (Mayor) No taxpayer Activity for the Preceding Two (c) Res. 83.46 "Approving Construction Documents for Fiscal Years" (Mayor) Hear 3.15-83) tWe 1taiTTornaky Elementary School (1983) Project (d) Ord. 83-11 "Establishing Accounting Procedures and Autboricin Harold Witum Associates to Pro- lidding for gneumbronces for the BaronQh and School teed with the Phase" (Mayor) District" (Mayor) Ness 3.15.83) (d) 8�3.47 "Approving instruction Documents for Ne Elements School Additions (a) Ord. 83-12 "Changing the Order of Business for ustumena and Renovations (1983) Project and Authorising McGlothlin Balivet Company to Proceed With the the Conduct of Borough Assembly Meetings By Providing for the Acceptance of Resignations and for Declaring vacancies and for Filling Bidding Phase" (Mayor) Vacancies and Seating New Members and Repeal- (e) Res. 63•48 "Auchorlting a Negotiated Lend Sale ing Conflicting Sections" (Corr) Near 3.15-83) or erta n Borough Patented Lands to Donald P. Seelinger and Gordon Tidwell Jr." (Mayor, Req.) MOrd. 83.13 "Amending Service Area and Election Ordinances to Provide for the Election of (t) Res. 83.49 "To Change the Job Titles and Des- Service Area Board Members Who Receive the cr pe ens of Existing Positions Within the Largest Number of Votes" (MCGaban) Hear 3-15.83) Nikiski Fire Department" (Mayor) M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT (g) Us, 8 -SO "Support!„ Passage of Senate Bill "Supporting ON =9 HEATING AGENDA o. as Amended to for Funding for N. MAYOR'S REPORT Community College Dormitories" (L.A. Comte.) • (b) Res. 83•S "Requesting the United States Postal (a) Change Orders for Central Peninsula Hospital ry ce o Appropriate Additional Monies for Phase I Project the Expansion of Postal Services and Lockbox 0. OTHER BUSINESS Facilities in Kenai. Nikiski, and Soldotnall (King) P. ASSEMBLY AND MAYOR'S COMMENTS (I) Ras. 8 -52 "Requesting the Scaea Department o Transportation to Designate the Amount of Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS 5100,000 for the Design and Planning of a NOT CONTAINED IN THE ASSEMBLY'S AGENDA FOR THE HEATING Scenic Bicycle Route from the Soldotna "Y" to the Captain Cook State Recreation Area" R. INFORMATIONAL MATERIALS AND REPORTS (King) S. NOTICE OF NEXT MEETING AND ADJOURNMENT (March 1S. 1983) (j) fts. 83-53 "Protesting the Renewal of 1983 quoor tenses to Rock -„-Roll Clinic/King GTexasulch LtoutheStore 1 forrQFailureltoaRemit Sales Borough" (Mayor) (k) Res. 83-54 "A Resolution of the Kenai Peninsula FFF rou ssembly Supporting a Request for a . Legislative Appropriation to Build a Kenai Pioneer Home' (Glick) (1) Res.63-SS "A Resolution of the Kenai Peninsula Borough assembly Adopting the Technical Aspect and Grid Numbering System of Glacier State Telephone Company Is Order to Expedite Emergency Services" (Glick) 18R4� •; r SAlP0 KENAI LA BOARD OF ADJUSTMENT PANDVSUREGULARROUGH ASSENBLY•b1EETING BORi4C1 ACH DMINISTRATIONOBUILDING SOLDOTNA, ALASKA A. CALL TO ORDER OF BOARD OF ADJUSTMENT B. PRESENTATION OF APPELLANTS' POSITION ON APPEAL OF THE PLANNING CONNISSION'S DECISION (ba) Fred Sturman Brent Johnson • C. DECISION OF THE BOARD • a a • A. CALL TO ORDER Assembly B. PLEDGE OF ALLEGIANCE McGahan Sewall C. INVOCATION: Rev. Ronald Wells. Church of the Stevens Arness NCar asarene. Soldotna 0. ROLL CALL Carey Corr B. SEATING OF NEW ASSEMBLYIIEMBERS Crapuchettes Crawford F. APPROVAL OF MINUTES OF March 1 1983 Dimmick Douglas G. COMMITTEE REPORTS Glick Jean (a) Finance (Crawford, Corr. Carey. Dimmick, King Sewall) McBride (b) Local Affairs/Ed (Jean, Glick, Douglas, McCloud Keene, McGahan) • c) Public Works (Arness. McBride, Stephens!'. King) d) Legislative Affairs (Dimnick) Is Land Disposal (Corr, Crapuchettes, Glick) H. AGENDA APPROVAL I-• ORDINANCE HEARINGS (a) Ord. 83•!0 "Providing for the Removal from the '�!••�''`" • •�' '!^•�•?+� •:..;�i cc ve ax File Delinqyuent Personal Property Tax Accounts from 19T8 and Prior Years and Personal Property Tax Accounts Which Have Had No Taxpayer Activity for the Preceding Two Fiscal Years" (Mayor) (b) Ord. 83.11 "Establishing Accounting Procedures or encum9rances for the Borough and School District" (Ilayor) (c) Ord. 83-12 "Changing the Order of Business for c a on uct of Borough Assembly Meetings By Providing for the Acceptance of Resignations and for Declaring Vacancies and for Filling Vdtaneies and Seating New Members and Repeal - In g Conflicting Sections" (Corr) (d) Ord. 83-13 "Amending Service Area and Election r� n�nces to Provide for the Election of Service Area Board Members Who Receive the Largest Number of Votes" (McGahan) (a) Ord. 83-14 "Authorising the Expenditure of oroug Funds to Proceed Through the Construe- tion Phase of the Proposed Nomer High School Site Development Package" (Mayor) i (9) Or_4 ` e3- "An Ordinance of thv Konat Peninsuls oroug ,4 , Authort:in& and Providing for the Issurneo of Not to Exceed 1S3,IS0,000 of General Obligation Bonds •f the Borough for the Purpose of Raising funds o Pay the Costs of School Construction in the Borough fixing Details of Said Bonds Providing for the Porn sad Hoaxer of Solo of Srid Bonds and Plod/in/ the full Faith and Credit at the borough to the Payment Thereof" (Mayor) J. INTRODUCTION OF ORDINANCES (a) 19 "tncrersin Estimated Revenue, Proceeds ruT— l 9"n"ai Sales in the Amount of Ss3 f40 000 and ineressini Appropriations By ISM 0 b00 for the Construes on. Furnishing, and Equlpp�n`` the Public School Projects at Tuotumeea Sterna/ Now galifornsky Beach Elementary Sciico[. Kenai Control. Now Romer High and Soldovie (Mayor) (b) 0 Mskins am Appropriation to the Capital ro oc s and in the Amount of 1222 ash from the Proceeds of the Sale of General Obligation Bonds for the Control Peninsula Hospital Service Ares for the Co test improvements of the Central Peninsula Nospitat' (mayor) (c) ra Providing for a Local Hire Bidding arenc for Public 'arks Contracts Within the Kenai 6peninsulatepheaBorough" (NcBrtde/Kin//Dougles/ Corr (d) n nsu r 8-roughiCode of Ordinances tooPsrovlde for a Consent Agenda and Public or Assembly Coamaacs or Quostiens Concerning Items Placed on the Consent Agenda" (Dsmmiok/Amens) K. CONSIDERATION OF RESOLUTIONS (U R11,10Tfornrl� BleiontConstruction a"' 9ryeeheeln(1983) PProject and Authorlsln` HatOld W/Bum Asnoetates to Pro• good with the line these" (Mayor) • (b) as,8 • "Approving the talrRefor s control Hospital of Physieel and Hydrotherapy 00partmont" (Mayor) (6) 045, T "Authorisla/ a Contexts for the Con- ruof the Homer High School Earl Sits /seks/e Projece to (Mayor) (4) ka._83-50 "Authorlslns Right -Of -WAY Easement Fc�re"ss oeorrouib Land" (Mayor) (o) 833•gy "Authorizing the Borough to Retain a of �jurlitied Bond Counsel in Con• eectien with the Bond issues to Be gold, or Propesod at elections, in the Borou During the Currant fiscal Test and to the Fiscal Years Through 1986 Unless Rescinded By the Assembly" (Mayor) (t) 0 "Appsovtng the Straight Alighmsat oe-'A"Tbe '-guiy ao.d a9 the Most Advantageous Alighmsat" (Mayor) tg) �e��)_6_� "A Resolution of the Kenai Peninsula • cool—ug��0usstin the State Department of Trans• poreotion and Public Facilities to Institute a Reducod Speed tons in the Ares of she 1110abke Mall" (Arness) (h) __R__es.�..43�•62 "Seeking Amendment to the Public D� Retirement System Participation Agreement to provide Credit Under PENS Under Certain Conditions for Service Prior to January 1 1961 With the State and Former Territory ob Alexis, and As a federal Employee in Alaska Other than in the Armed Forces' (McCloud) (1) es. as•63 'Supvorti.9 Continuation of the easka" fund Distribution By the State of Alaska" (Boughs) (j) Res 3• "Requesting the Thirteenth aegis. • ure at the State of Alaska to Amend AS 29. 13.070 to Provide that Any Powers Transferred to a City Thereunder Cannot Be Retransferred to the Borough Without Consent of the City" (Glick) (k) Reen Her "CServicenof Dennis Thompsonpon the• genet Peninsula Community College Advisory Board for Over Ton Years" (Crawford) (1) Res a •66 "Authorising a Negotiated Land Sale or certain Borough Patented Lends to Edward G. Barber. Sr.. Trustee" (Mayor) (a) Re 83. 1 "Authorising a Negotiated Land Safe or r • n B rouih Patented Leads to Virginia L. Wilson" (Mayor) (n) ago. 83.68 "Authorizing a Negotisted Land Sole orcertain Borough Patented Lands to carrell and Susanne Renner" (Mayor) (a) Us. 'Authorising a Negotiated Land Sale or certain Borough Patented Lands to Roger Boyd. Pat Dogunschers and Michael Heaphy" (Mayor) (p) Nos, "Autboristol a Negotiated Land Sole or certain Boroush patented Lands to Warren and Dorothy Basler" (Mayor) (q) 83-71 Autborising a No otiatod Land Sale ear certain Borough patented Lands to Dom C. and Kathryn Buchanan and David N. Musbech" (Mayor) (r) Res. 03•51 "A Resolution of the Kenai Peninsula oroug Assembly Adopting the Technical Aspect and Orid Numbering System of Glacier State Teleohona Company In Order to Expedite Emergency $orviesn" (Glick; Adopted 3.1 w/NECON. If M.Gehaa) L. PENDING LSGISLATION (a) Ord. 83•16 "Amending KPE 1.20.030A(T) to Provide for an exec tion Apptoved By Resolution of the Assembly trm the itequirenent that Parchese Order s for Equipment Lists Should Be Issued Within is Noaths After the School facility Has Been Turned Over for Beneficial Occupancy, and Clarifying the Requirement" (Mayor) Hear a-t (b) Ord. 02.6E "Resoning Lot 26, Elk 12 Original Townsice Within the City of Soword to Limited Coaxero/al District" (Mayor) POSTPONED TO a•S (c) Ord. 83.9 "Providing for the Acquisition of Powers Necessary to Provide Road Maintenance On Roads Located in the Borough Outside Cities to Be funded from State Aid to Municipalities for Roads" (Dim iok) get. L. A. g P.W. Ate. 8-83) N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON NATTERS NOT ON THE MEET140 AGENDA N. MAYOR'S REPORT (a) Finance Report, February 0. OTHER BUSINESS (a) Architectural Selection for 1983 Bond issue Construction Projects (b) furnishings dAnchor Point, and CooperiLanding Elementary Be�ieols P. ASSEMBLY AND MAYOR'S COMMENTS Q• NOT CONTAINED INTSN THE ASS! ASSEMBLY'S GENDANFORPINSNIATIRO . R. INFORMATIONAL MATERIALS AND REPORTS (a) Vacation Proceedings Buttermilk Meadows (No action necessaryf S• NOTICE Of WONT MEETING AND ADJOURNMENT (April I. 196S) X/ _ A O ,W u:ai Coinmsu: iL y .L t zany A PURLIG UOMAgr M GFUVIC[ GINCL INAO 13OX 157 KENAI, ALASKA 09611 REPORT FOR THE MONTH OF FEBRUARY, 1983 Circulation Adult Juvenile Easy Books , Fiction 1294 396 1272 ' Mon -fiction 1843 102 187 Total Book Circulation 5094 Films, Phonodiscs, Pamphlets, Periodicals 567 Total Circulation 5661 Additions Adult Juvenile Easy Books AV Total Gifts 33 1 2 7 43 Purchases 66 - 1 - 67 Total Additions 110 t i Remedial and Re -worked Books Adult Juvenile Easy Books AV Total 55 8 4 1 68 Interlibrary Loans Ordered Received Returned i Books 28 39 58 AV 28 22 19 Interlibrary Loans by Our Library AV 46 Books 36 Total 82 Volunteers 11urober 24 Total Hours 30214 Income Fines and Sale Books $515.20 Lost or Damaged Books 37.60 Xerox 258.75 Donations 5.00 SanitLry Dispenser 6.75 Total Income for February, 1983 v323,30 Library Cardo Iassuod February, 1983 Kenai 169 Homer 1 Kaailof 11 Ninilohik 1 North Kenai 17 Port Grahams 1 Noldotna 53 Sterling b Zyronah 1 Total Cards roaued 26o 4 / -fl�cairrsr._ , ZWRO fCITY ,O�-,F/ a , „V �•(, �GZ�ZGK� /, A, sax IN NOW, A$AfRA 99611 1141114/9N1 III , fflb March 11, 1983 Too Keith Korneliop Public Worko Director i Proms Jack La Shot, City Engineer { Subjects Rocommendation for award - Engineering proposoola received February 23, 1993 The following proponaln, including not -to -exceed figuron were received for the indieatod projoetos 9 11 R rip" A.P. Vnhi010 Parkinq Nike Tourinlnon 019,900 wtR, J. flolnnn 231000 wino©-Certholl>0rynon 24,970 T04 Porol ` Annay. 7,000 Nahono b Aenoetaten 34,000 0awlinq, facto b AnnoO, 9,000 0120 Nill 30,224 Prolennional Donign Anaert, 16,h00 PPO ire A, P. 4066 `Marten. A,P, Tranniont, Parking 017,900 27,200 3b,434 0,000 43,900 7,100 )),000 27,440 R andard, Richfield, ThnmPaen Plant+ 022,900 27,300 16,000 16,500 21,4ry0 14, cane 20,111 An diocuoned with the Public Marko C©mmitton, Priday, March a, 1 have aevarai concerns in tryinq to evaluate and recommend engineering firma to donign thane projeetn' ConeiAQr the followings Thore are now novon local (Kenai a f3oldotna) engineering firma pursuing work, while thin competitive climato hoes the advantage of getting our onginoorinq work done for the lowoo t ponoible coat, it can aloo ooverely affect the finial product if we are not 0e1e0tivo. Two of the above firma soay they can dooign two projecto for about 25t - 40,4 of the average of thi rent, of the onginoerp, i d®ubt ucsriolanly if thin could cover the field work, purveying, and noil tOOtinq portionso of a thoroughly clone job. flow can the largert. portions of the project (ongineoring dooign, drafting, electrical ongineering, computationap specification preparation, and printing) be accomplished satisfactorily? The City of Kenai must encourago•quality, professional engineer.inq at a reasonable coat, With the addition of four more ongineerinq projects (engineering proposals being requested at this time), the City potentially will have ten projects with a total budget in excess of coven million dollars in the denign phase. This comes at a time of the year that is very busy for the Public works Department with on going construction projects, in-house work, private development administration, etc. For these reasons, the City must have engineers working that can be counted on for quality work with a minimum of Public Works coordination. Two of the firms who submitted proposals, (Ted Porai & Assoc. and Dowling, Rice & Assoc.) have not shown the City Administration the quality and consistency of work expected. with this in mind, i have made the following recommendationes "Airport vehicle Parking Lot Paving"s Professional Design Associates has stipulated a not -to -exceed figure of $16,680 for Complete design. if the City wishes to raise the paved street in front of the new terminal building, the additional cost would be $1,668s totaling $16,348. 1 don't, however, recommend doinq 1 thia additional worky due to large construction costs. f "Airport Terminal Apron Reconstruction" and "Airport South Transient Parking Apron Extension"s i recommend awarding these two projects as one design project to Mike Tauriainen, P.S. for a cost of $17,900 plus an additional $1,500 for design of tie -downs and electrical plug -ins for parked airplanes for a total of ' 019f400. "Standard, Richfield, and Thompson Place"s wines-Corthell-Bryson is my recommendation for this project at a cost -not -to exceed figure of $16,000. t i11 JL/kh i f' s. I � I S 1 11 Il i l i n ranklln A& 99801 5.1325 laska unicipal ague0=0`0 7 r LEgiS1 ATIVE BuHETIN #7 rcC�,��� March 4, 1983 i983 GY C CrV r MN11NISTZAT10N ACTION NEEDED 11 Supplemental Appropriations and Population Determinations House Finance held a hearing Wednesday on HB 152 - Revenue Sharing Supplemental Appropriation ($2.9 million), HB 153 - Municipal Assistance Fund Supplemental Appropriation ($25.1 million), and HB 42 - Population Determination. All three bills were referred to subcommittees: HB 152 6 153 - Al Adams, Joe Flood, and Jim Duncan; HB 42 - Ben Grussendorf, John Landauer, and Fred Zharoff. Without a lot of public pressure, these bills may remain buried in the subcommittees. COMMITTEE HEARINGS AND MEETINGS SB 43 and SB 102 - Homestead Bilias Senate Resources, 3/7 - 3s00 p.m. HB 172 - Title 29 Revisions: (louse CRA, 3/7 - 3s15 p.m. House CRA will continue their review of this bill. SB 37 - Revenue Sharing/Municipal Assistance Consolidations Senate CRA, 3/8 - 3s00 p.m. It is expected that a committee substitute will be introduced that will be similar to the recommendations of the Mayors Conference. SB 103 - Per Capita Grants: Senate CRA, 3/8 - 3s00 p.m. CRA will continue working on this bill which provides per capita grants to municipalities and unincorporated communities for capital projects and social services. Although the original bill contained $19500 per person, the amount is being reduced because of shrinking state revenues. HB 192 - Coastal Policy Repeals House CRA, 3/8 - 3s15 p.m. Teleconference. RB 130 - Homesteads House Resources, 3/9 - 3s00 p.m. Work session. SB 1% - Public Employment Labor Relations Acts Senate Labor and Commerce, 3/10 - 1s30 p.m. This bill, introduced by Fahrenkamp, would require all municipalities to be subject to the provision of the Public Employment Labor Relations Act, whether or not they had previously opted out. r Legislative Bulletin 07 - page 2 IN COMMITTEE SB 67 - Utility Relocations Senate Labor and Commerce moved out a committee substitute which requires municipalities to pay the cost of relocating utilities in the course of municipal road work only If the utility is located according to the conditions of a valid permit or easement. Further referral to CRA. HB 137 - Supplemental for School Construction Debt Reimbursements: House HESS heard this bill on Wednesday and moved it out with a unanimous "do passe. It appropriates $13.1 million to eliminate the shortfall in this program; further referral to Finance. SENATE BILLS SB 150 - Water and Sewer Grants: Introduced by the Finance Committee, this bill adds several designated grants, increasing the original $28.1 million supplemental to $86 million. It is the some as CSSB 15. Referred to Finance. SB 258 - Reappropriations and Appropriation Adjustmentst introduced by the Rules Committee at the request of the Governor, this bill makes various changes in the FY 83 appropriations, adding to some and reducing others. Included is a $6.5 million addition to the program for reimbursing municipalities for school construction debt. It to estimated that the program faces a $13.1 million shortfall, which this appropriation would partially solve. Referred to HESS and Finance. HOUSE BILLS HB 199 - Coordinated Trail Systems Introduced by Clocksin, Lacher, Larson, and Phillips, this bill would establish a coordinated system of federal, state, and local trailst historical, recreational, and waterways, as well as wilderness and campsites. The bill also calls for a uniform marking system and payments to local governments to carry out the provisions of the bill. Referred to Transportation, Resources, and Finance. HB 227 - Supplemental Appropriationst Introduced by the Rules Committee at the request of the Governor, this bill is a $56 million supplemental appropriation. Included are $2.9 million for Revenue Sharing and $16.1 million for the Municipal Assistance Fund. Referred to Finance. W. i 40, r DC --� � .'C.��J'�+'�3L.✓� ��.,$'�LZ - L'Yi�C.o--�.C�Ci'�y� f7-•y�id�lL..� i I