Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1984-06-06 Council Packet
COUNCIL PACKETS 0 DUNE Kenai City Council Meeting Packet June 6, 1984 �,a_�:. .. .. _ .,: N , J, TiY!_.. "+(•,-r aa.i._i':: �.. J..a va.s.1 f AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 69 19849 7 s00 PM WORK SESSION - 600 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1, Agenda Approval 2. Consent Agenda *All items listed with an asterisk(*) are considered to be routine and non -controversial by the Council and will be approved by one motion. Therc will bo no separate discussion of those items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Ordera. Be PERSONS PRESENT SCHEDULED TO BE HEARD r '"SefSA"r 3// PAIEAR C. PUSLI IN6"A"- 1. Ordinance 936-84 - Establishing Asoesoment District - Stellar Drive, and Authorizing Appropriations - $101,400 2. Ordinance 937-84 - Adopting Annual Budget, 1964-85 3, Ordinance 938-84 - Establishing Assessment Fund - Inlet Wooda, and Authorizing Appropriations - $2t500,000 4. Ordinance 939-84 - Increasing Rev/Appne - Museum Donations - $1,000 5. Resolution 84-60 - Establishing Terminal Lease Rates and a Fee Schedule for Fiscal Year 1984-85 6. Resolution 84-61 - Fixing the Rate of Levy of Property Tax for the Fiscal Year July 1, 1984 and Ending June 309 1985 7. Resolution 84-62 - Directing the Continuation of the Inlet Woods Assessment District 8. Resolution 84-63 - Directing the Continuation of the Stellar Drive Assessment District 9 "No Parking" on Main Street O. MINUTES 1. Regular Meeting, May 16, 1984 k o , F-• I •+ 1 a- /1 � � 1 r E. CORRESPONDENCE F. OLD BUSINESS 1. Apprainnl & Acquisition of 80 Acres For Flout Plane Bnnin 2. Wade - Gusty Subdivision Lease Approval G. NEW BUSINESS 1. *Bills to be Paid, Bills to be Ratified . 2. *Requisitiona Exceeding $1,000 3. Ordinance 935-84 - Repealing & Re-enacting KMC Title 3, Animal Control 4. *Ordinance 941-84 - Amending KMC Title 6, Elections 5. *Ordinance 942-84 - Increasing Rev/Appns in 1984-85 Jail Budget by $889000 for July 1, 1984 I Through September 30, 1984 6. *Ordinance 943-84 - Increasing Rev/Appns in three Street Capital Project Funds , 7. *Ordinance 944-84 - Amending KMC 1.75.010 Relating I to Interest Charged on Assessment Districts ' I 8. *Ordinance 945-84 - Finding that Certain City -Owned Lando are not Required for a Public Purpose 9. Prop000l for "Welcome to Konai" Sign 10. Discusnion - FSS Facility Lease 11. Discussion - Lako, Marine, Granite Point, & F809 Additional Services - Designs Add Incorporating ," I Main Street Loop 12. Discussion - lot & 2nd Street Additional Services - y Inspection 13. Discussion - Assignment of Lease - Bolugs Development to Alaska Steel ; 14. Discussion - Assignment of Lease - Roger Hall to i Peninsula Savingo & Loan 1 H. REPORTS I. City Manager 2. Sit y Attorney �. Mayor 4- City Clerk 5. Finance Director 6- Planning & Zoning I 7. Harbor Commission 8- Recreation Commission 9. Library Commission i. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT s f4( i t *-1 yr '� 4 � INFORMATION ITEMS JUNE 6, 1904 1. Susan Harnalay - Discrimination case determination 2. Letter from Yukon Pacific Corporation 3. Transfers 4. Grant monies available from closed capital projects 5. List of investments as of 5/22/84 , 6. Memo from Charlie Brown on Library annitorial contract 7. Borough agenda - May 29, 1984 8. AML - Legislative bulletin - 5/25/84 9. AML - Legislative bulletin - 5/17/84 10. International City Management Assn. letter 11. Invoice from Professional Design Associates - $16,645.90 for airport parking lot 12. Invoice from Professional Design Aaoociatos - $3,902.24 for airport romp overlay and itinerant airport parking addition 13. Invoice from Professional Design Associates - $5,082.76 for airport ramp overlay and itinerant airport parking 14, Final Pay Estimate - Ward Landscaping Service for Ryan's Creek Fitness Trail - $3,574.84 15. Invoice from Carmen Gintoli - $8,520•- for Architectural Services for Police Dept. - Design Development Phase 16. Invoice from Carmen Gintoli - $9,336 - for Architectural Services for Kenai Community Library - Design Development Phase 17. Public Notice - signs and advertising devices 18. Draft Landscaping ordinance 19. Delegation of Zoninq Power to City 20. Invoice from quality Asphalt Paving for Airport Parking Lot Improvements - $169#764.66 i 'IJ a W COUNCIL MEETING OF SRm,a a I%I19�ON 0 VA 151rIu�C�'��'1 mommoommom m ■mmrm■n■d�r��noo�n rjorAorAma NAME COUNCIL MEETING I& ADDRESS ol 3 X lW or 14.4 8 re A/ 4(0'goy, 3-Apr-7 7' 1 el 0 0 -x _.�':ati•.ar., ., ,, nrrw,s: , a ,. , ,., ., , ... ..:�� ...... a _.. ..-..._.........- ........ .....�.........,..-_._,. -.. .,. _ .-... .......... .. ._y.�. .. � ,.��.._�.., ...�...,............-.. ...r.: _---• .. C-/ Suqgested by: Administration CITY OF KENAI ORDINANCE NO. 936-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A SPECIAL ASSESSMENT FUND ENTITLED "STELLAR DRIVE", AND AUTHORIZING APPROPRIATION FOR THE PROJECT IN THE AMOUNT OF $101,400. WHEREAS, the City has been petitioned to establish an assessment district along Stellar Drive in Redoubt Terrace Addition #49 for paving, curbs, and gutters, and WHEREAS, the City intends to finance the project with a sale of special assessment bonds, which have been approved by the voters of Kenai, at a later date, and WHEREAS, interest on monies used for construction of the project prior to the sale of bonds is to be a cost of the project, in accordance with KMC 16.05.050. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1s A special assessment fund for the construction of Stellar Drive be established. Section 2s Appropriation, on a project basis, be authorized, as followss Stellar Drives Administration $ 1,000 Engineering 6,800 Inspection 8,800 Construction 78,000 Contingency 6 800 0 00 PASSED BY THE COUNCIL OF THE.CITY OF KENAI, ALASKA, this 6th day of June, 1984. ATTESTs Janet Whelan, City Clerk Approved by Finances 4rg a TOM WAGONER, MAYOR First Readings May 16, 1984 Second Readings June 6, 1984 Effective Date: June 6, 1984 n , • t Suggested by: Administration CITY OF KENAI ORDINANCE NO. 937-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR COMMENCING JULY 1, 1984, AND ENDING JUNE 30, 1985. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the 10th day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed therefor. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section is That certain document entitled "City of Kenai 1964-85 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 1984, and ending June 30, 1985. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the 1st day of July, 1984, and ending the 30th day of June, 1985, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund Operating Budget $5,427,645 Restricted Reserve -Capital Improvements 402,433 $5,830,078 Airport Terminal Fund $ 175,000 Water and Sewer Fund 552,000 Airport Land System Fund 586,000 Debt Service Funds 431,200 *1, U r �iYl�Yr-{:l �l. •-:�f-Jl-.:.lei... /:...�.nl.. Ordinance 937-84 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of June, 1984. OM WAGONER, MAYOR ATTESTS Janet Whelan, City Clerk First Readings May 16, 1984 Second Readings June 6, 1984 Effective Oates June 6, 1984 Approved by Finances a q'a • .L � n w Suggested by: Administration CITY OF KENAI ORDINANCE NO. 938-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A SPECIAL ASSESSMENT FUND ENTITLED "INLET WOODS", AND AUTHORIZING APPROPRIATION FOR THE PROJECT IN THE AMOUNT OF $2,500,000. WHEREAS, the City has been petitioned to establish an assessment district in Tract A, Parsons Subdivision No. 1 (Inlet Woods) for street improvements, water and sewer mains, storm drains, and lighting, and WHEREAS, the City intends to finance the project with a sale of special assessment bonds, which have been approved by the voters of Kenai, at a later date, and WHEREAS, interest on monies used for construction of the project prior to the sale of bonds is to be a cost of the project, in accordance with KMC 16.05.050. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: A special assessment fund for the construction in Inlet Woods be established. Section 2: Appropriation, on a project basis, be authorized, as follows: Inlet Woods ministration $ 1,000 Inspection 200,000 Construction 2,100,000 Contingency 199,000 00 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of June, 1984. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings May 16, 1984 Second Reading: June 6, 1984 Effective Date: June 6, 1984 Approved by Finances t� I i Suggested by: Administration CITY OF KENAI ORDINANCE NO. 939-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1983-84 BUDGET BY $1,000 AS A RESULT OF DONATIONS TO THE MUSEUM. WHEREAS, the City has received approximately $1,000 in donations to the museum, and WHEREAS, the City Administration desires to have the money appropriated for contracted labor to construct display screens, install grass on the diarams, and for taxidermy work at the museum. " NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund: if Increase Estimated Revenues: Miscellaneous Donations $1,000 0 Increase Appropriations: Museum - Repair and Maintenance $1,000 PASSED BY THE COUNCIL OF THE CITY OF KENAIp ALASKA this 6th da of June, 1984. y J ATTEST: Janet Whelan, City Clerk Approved by Finance:CgLj TOM WAGONER, MAYOR First Reading: May 16, 1984 Second Reading: June 6, 1984 Effective Date: June 6, 1964 J f, v /n r- Suggested bys Administration CITY OF KENAI RESOLUTION NO. 84-60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING TERMINAL LEASE RATES AND A FEE SCHEDULE FOR FISCAL YEAR 1984-85. WHEREAS, annually there is a review of the lease and fee rates for the Kenai Municipal Airport Terminal, and WHEREAS, the existing rates and fetes have been reviewed and found to be economically sound. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following minimum lease rate/fee schedule beginning July 19 1984 is adopteds Lease Space Counter -Public Service Areas $1.25/sq. ft./mo. �1 Office Space With Custodial Service $1.15/sq. ft./mo. Without Custodial Service 1.00/sq. ft./mo. Work Area Without Custodial Service $ .85/sq. ft./mo. Airline Baggage Area Use Fee (Baggage Build-up, Claim, Conveyer Belt Areas) 15% of space rental Commission -Rental Cars & Related Operations 10% of gross Poster Space $2O0/year Telephone with Poster $250/year Other fees as negotiated and approved by Council. 3 y n. I I Reso. 84-60 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,thin 6th day of June, 1984. TOM WAGONER9 MAYOR I ATTEST: Mary Ann Dore, Deputy City Clark Approved by Finances egr V iJ �t l: I I j ,.t PJ r' M I f' s tf01 Su(ppinted byi Adminiatration CITY OF KENAI = REMOTION NO, 04-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FIXING THE RATE OF LEVY OF PROPERTY TAX FAR TIM FISCAL YEAR COMMENCING JULY 10 1904, AND ENDING JUNE 30, 1905. - WHEREAS, tho Codo of the City of Kenai rotluiroo that the rnto of levy u of Property tax he not annually net later than the 1Oth day - ©f June, and WHEREAS, the Council lion adopted the "pity of Kenai 1904-05 a Annual Budget", which notimaton proporty tax revenue b000d upon a tax rate of 109 Mille, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI ALMA, that the rate of levy of proporty tax for the fiscal year eommonoing July 1, 1904 anti ending Juno 30, 1905 be fixed at 1#9 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALA.",KA, thin Gth day of June, 1904. ym-mraffk —twwtj! ATTESTS Mary Ann Vora, lJoputy y I. or Approved by Finaneot 604 I J .3 01) f'ucligontod H ys Adminintrntion CITY OF KENAI RESOLUTION NO. 84-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KFNAI, ALASKAj DIRECTING THE CONTINUATION OF THE INLET WOODS Ag!iS MENT DISTRICT. WHEREAS, the City of Konni hai hold a public hearing to hoar comment concerning the neeonnity for tho water, nowor, lighting, and road improvomento, avid the proponod anotvsomento relating to such improvemontot in Tract A, Pornono 5ubdivioion No. 1 (Inlet Woodo Subdivision), and WHEREAS, the Council finds it doairable to continuo with the proposed project and aa0000ment district. NOW, THEREFORE, BE IT RESOLVED BY ME COUNCIL OF THE CITY OF KENAI, ALASKA, thots Soetie;. 1s The water, oowor, lighting, and rood improve- monta n n o Woodo Subdivioion are noeoonary and of benefit to the proportioo to be n000snod. Section 2s The oenosamont district hoa not boon objected to by ownor�roportLos bearing 506% or more of the ootimated coats: to be borne by property owners. Section 3s An accounting ahnll be kopt of the cooto of these improvomontop and after all coeto are known, the City Manager shall prepare on sooeoomont roll for the improvements. It io ootimated that 100?4 of the coats of the improvemento may be ooseaood against the benefited proportion. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fth day of June, 1984, VUR WAU0Rr1Fq--fWMf— ATTESTs Mary Ann Dorot Jopvv y My er Approved by Finances 00411 i i i W /' L-- J7 Suggested bys Administration CITY OF KENAI RESOLUTION N0, 84-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE STELLAR DRIVE ASSESSMENT � DISTRICT. i WHEREAS, the City of Konai has hold a public hearing to hear Comment concerning the necessity for paving, curbs, and gutters And the proposed assesaments relating to such improvements on Stellar Drive, and WHEREAS, the Council finds it desirable to continue with the proposed project and assessment district. NOW, THEREFORE, BE IT RESOLVED 8Y THE COUNCIL OF THE CITY OF , KENAI, ALASKA, that: , Section 1s The paving, curbs, and gutters on Stellar Drive are nocossary and of benefit to the properties to be assessed. T� Section 2s The assessment district has not been objected to { by owners d propertios bearing 50% or more of the estimated costs to be borne by property owners. Section 3s An accounting shall he kept of the costs of thesis m� pro o ents, and after all costa are known, the City Manager shall prepare an aooenament roll for the improvements. ' It is estimated that 10015' of the coats of the improvements may be aseeveed against the benefited properties. PASSED BY THE; COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day Of June, 1984, U G ER, M o t ATTE§Ts Mary Ann ore, Deputy City Elerk Approved by Finances el t' • CITY of KENAI 1 P U Um bao KENAI• ALASKA99611 PHONE WWI IF May 29, 1984 TO: Keith Kornelis, Director of Public Works PROMS Jan Taylor, Secretary REs "No Parking" on Main Street from Spur to Peninsula The attached public notice is to be published in the Peninsula Clarion on May 30 and June 4, 1984. This notice was also sent y ceiFified mail to all property owners along this section of Main Street an May 25, 1984. (See attached list of names and the parcel map. --- jet i ly, d' 1 { , 4 A a ! ' 1 1. 0 j . f' IJ i 1 1 1: W .I i I y l �I s=- _.,'`x_ _ ,a- �d•.q..k . -..tea - _ - °_ __ -., _...- - - ___ MOM— '^2'I ` __ :N.+aae.w�r �arwefds..M wr"IY'-�-^•j„ - r PUBLIC NOTICE: City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 (90 7 ) 283-7535 v The City is considering not allowing on -street parking on Main Street from the Spur to Peninsula. All interested citizens are urged to attend the Council meeting of June 6 where this "No Parking" will be discussed. To be published: Peninsula Clarion - May 30 & June 4, 1984 M1 i f r- 1 i 1 i r AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 16, 1984, 7t00 PM WORK SESSION - 600 PH PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda (•) All items listed with an asterisk (•) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Carmen Gintoli, Architect - Design Development Drawings - Police and Library Addition 2. Dave Travers, Clean -Rite Janitorial - .Tasiitorial Service C. PUBLIC HEARINGS 1. Ordinance 927-84 - Finding City -Owned Lands not Needed for Public Purpose 2. Ordinance 929-84 - Amending Kenai Municipal Code - Provide Communications Supervisor and Legal Assistant 3. Ordinance 930-84 - Amending Kenai Municipal Code - Increase Mayor's Salary and Provide Council Salary 4. Ordinance 931-84 - Amending Kenai Municipal Code - Establishing City's Participation in Supplemental R ti t P S. e remora rogram Ordinance 932-84 - Amending Kenai Municipal Code - w .. Leasing of Airport Lands 6. Ordinance 933-84 - New Salary Structure 7. Ordinance 934-84 - Increasing Rev/Appns - Library Addition - $700,000 8. Resolution 84-48 - Accepting State Municipal Grant, ' Water 8 Sewer - $650,000 _.} __ ..,:= 9. Resolution 84-49 - Transfer of Funds - Purchase Plant _ Pots for Airport 10. Eadie's Way Subdivision F „ a. Public Hearing, Assessment Roll b. Resolution 84-50 - Confirming Assessment Roll, Eadie's Way, and Fixing Payment 11. Resolution 84-51 - Establishing Money Purchase Plan with ICMA Retirement Corporation 12. Resolution 84-52 - Transfer of Funds - Playground 4 Equipment and Picnic Facilities, Parks - $20,000 ^P =jtE7iitstraiit:r r �.i'.: iik his e�} I f. > I U._ I �fV C° r. I , . J ,if I i 13. Inlet Woods S/D Assessment District a. City Manager Report b. Preliminary Assessment Roll C. Resolution 84-55 - Setting Public Hearing 14. Resolution 84-54 - Transfer of Funds - Maintenance Contracts for Five Nord Processors - $6,272 15. Resolution 84-55 - Bid for Construction - Thompson Park Road Improvements 16. Resolution 84-56 - Transfer of Funds - Federal Revenue Sharing - Animal Control - $5,300 D. MINUTES 1. Regular Meeting, May 2, 1984 E. CORRESPONDENCE F. OLD BUSINESS 1. Plant Test Plot - Cooperative Extension Service G. NEW BUSINESS 1. • Bills to be Paid, Bills to be Ratified 2. • Requisitions Exceeding $1,O00 3. • Ordinance 936-84 - Establishing Assessment District Steller Drive, and Authorizing Appropriations - $101,400 4. • Ordinance 937-84 - Adopting Annual Budget, 1984-85 5. • Ordinance 938-84 - Establishing Assessment Fund - Inlet Woods, and Authorizing Appropriations - $2,500,000 6. * Ordinance 939-84 - Increasing Rev/Appns - Museum Donations - $1,000 7. Ordinance 940-84 - Increasing Rev/Appns - Repair Street Loader - $25,000 a. Public hearing 8. 0 Ordinance 935-84 - Amending Kenai Municipal Code - Animal Control 9. Lease Application - Wade - Gusty S/D 10. Vacation of Easement - CIIAP 11. Discussion - Landscaping Plan - Kenai Spur Plaza 12. Discussion - AFSS Lease with City H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. finance Director 6. Planning A Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT �Y.'�': fi�iLb:.L.��-,5 %�'yYtt:•.'f!'J�", t•r.: ., d ••,f iwnctrt;,?nainp-rs%+mf�%r'r.:� ._. KENAI CITY COUNCIL, REGULAR MEETING, MINUTES MAY 16, 1984, 700 PH KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE Of ALLEGIANCE A. ROIL CALL Ptssents Chris Monfor, Jahn Wise, Tom Wagoner, Tom Aekerly, Sally Battle, Jess Hall, Ray Measles Absents None A-1 Agenda Approval a. Mayor Wagoner asked that item E-1, Plant Test Plot, be moved up to item 8-3, as Mr. Them would like to speak. b. Mayor Wagoner said that Administration had asked that item C-7, Ord. 934-84, Library Addition, be postponed. L. Mayor Wagoner noted item C-15, Res. 84-55, Thompson Park Road Improvements, an amended resolution was submitted thia date. d. Mayor Wagoner said Public Works Director Kornelis had submitted a packet of material to be discussed this date, and requested it be placed at the end of New Business items. Agenda was approved as changed. A-2 Consent Agenda NOTION$ Councilwoman Bailie moved, seconded by Councilman Measles, to approve the Consent Agenda as submitted. Councilman Wise requested items G-2 (Kluge Payment), G-5 (Ord. 938-84), G-8 (Ord. 935-84) be omitted from the Consent Agenda. Notion passed unanimously by roll call vote. B. PUBLIC HEARINGS 8-1 Carmen Gintolt, Architect - Design Development Mr. Gintolt said the denign/development documents for the police and library additions were complete. They are the some as the schematics. All have been reviewed by their committees, Police Chief Ross and the Public Works Dept. Library. They can add 4 new parking places, but the driveway will be at the court house. It would be $8,000 to $10,000. The Library Commission recommended approval and use of City funds. Public Works Director Kornelis said the parking lot is City property, the proposed lot is State. The State is using joint access now. It would be more desirable to come off Main St. to the court house. Beaver Loop paving is high an the priority list, it is engineered. Building Inspector Hackney explained the parking lot adjacent to the library is considered required parking to meet standards. Councilwoman Bailie noted using the road as entrance and exit is dangerous. She suggested approaching the State and making for other means of getting out. Mr. Gintoli asked if this should come out of the project or City funds. Mayor Wagoner said he would like to see this in the Capital Improvements list for next year. Mr. Gintolt said construction will start in August, should be complete in January. Councilwoman Bettie noted this is a State court house on State land. Mayor Wagoner suggested there may be some discretionary State funds that can be used, but it would take much time to receive. J W KENAI CITY COUNCIL MAY 16, 1964 Page 2 MOTION: Councilman Ackerly moved, seconded by Councilman Hall, to Instruct the architect to design approach entrances to the library and have the City approach the State for reimbursement. Funds should come out of the current project. Councilwoman Bailte noted the library funds to bare bones now. Public Works Director Korneiis asked that it be done as an added alternate. VOTE (Passed): Yeas Wagoner, Ackerly, Bailie, Hail, Measles, Not Monfor, Wise Police. Phase 2 renovation is most critical. Police Chief Ross wants to operate there till Jan. 30. The ceiling the will not be the same as the old portion. 8-2 Dave Travers, Clean -Rite Janitorial - Janitorial Service Mr. Travers did not appear. 8-3 Walter Them, Cooperative Extension Service - Plant Test Plot Mr. Them said his proposal was referred to P61 after the last meeting. The ball park next to the proposed site has a chain link fence, he would like to have that also. But it would be expensive. It would cost as much as $13,000. Woven wire would be acceptable. There should be barbed wire or smooth wire on top. They could obtain volunteer labor. Mayor Wagoner noted the price is high, what would it be used for after the project? Mr. Them replied, for a park, or the project could be extended. Over a 10 year period it is $2,000 per year, and will have a better return than some other City projects. The sign would be made by the State Parks Dept. MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, for approval of the proposal for demonstration test plot to include installation of 6 ft. chain link fence around the area. Mr. Them added there was only one bid. This would be the 2 acre plot. There would be about 500 people coming to the plot, about 50 would be planting. There would be many coming from outside the Peninsula. VOTE (Passed)s Yes: Wise, wagoner, Ackerly, Bailie, Measles Nos Monfor, Hall C. PUBLIC HEARINGS C-1 Ordinance 927-84 - Finding City -Owned Lands not Needed for Public Purpose NOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. there was no public comment. Notion passed unanimously by roll call vote. J a - J r a A' i ... I� KENAI CITY COUNCIL MAY 16, 1984 Page 3 C-2 Ordinance 929-84 - Amending KMC - Provide Communications Supervisor and Legal Aeotatant MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ordinance 930-84 - Amending KMC - Increase Mayor's Salary and Provide Council Salary MOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. PUBLIC COMMENTs Bob Bielefeld. Past Councile have not received a salary and had more work. Their work is about one hour per week. They have more comfortable quarters and have more money. It is a public service job. This is more tax money that is going out that is not needed. Let it go to the City. If they cannot get along without pay they have no business on the Council. VOTE (Passed): Yess Monfor, Wise, Ackerly, Bailie, Nos Wagoner, Hall, Measles C-4 Ordinance 931-84 - Amending KMC - Establishing City's Participation in Supplemental Retirement Program NOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Ordinance 932-84 - Amending KMC - Leasing of Airport Lands MOTION: Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. There was no public comment. Councilman Wine said this puts everything in the hands of the City and nothing for the lessee. The City could delay. Councilwoman Sallie said the 45 days start when everything is firmed up. VOTE (Possed)s Yess Monfor, Wagoner, Ackerly, Sallie, Hall, Measles Not Wise C-6 Ordinance 933-84 - New Salary Structure J •c a iy;.�srrsa•rr+.�n,r.••:r.s•.J,.�.voa.:. .,:.j 9 i •1 j V p I 1, O �c --A f 1 ' J . ~ i W - NENAI Clry COUNCIL MAY 16, 1984 Page 4 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Councilman Ackerly asked that the schedule for part time temporary and part time permanent should be reviewed at a work session. Motion passed unanimously by roll call vote. C-7 Ordinance 934-84 - Increasing Rev/Appns - Library Addition - $700,000 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. , MOTION, Postpones Councilman Ackerly moved, seconded by Councilman Measles, to postpone public hearing till the first meeting in July. Mayor Wagoner explained Administration has said the State will not release the funds till July 1. Councilman Wise suggested passing with a definite date, or availability of funds. VOTE (Paooed)s Yens Monfor, Wagoner, Ackerly, Measles Nos wise, 8ailte, Hall C-8 Resolution 84-48 - Accepting State Municipal Grant, water 8 Sower - $650,000 MOTIONS Councilmen Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-9 Resolution 84-49 - Transfer of Funds - Purchase Plant Pots for Airport MOTION: Councilman Measles moved, seconded by Councilman Ackerly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10 £adic's Way Subdivision a. Public Hearing, Assessment Roil h. Resolution 84-50 - Confirming Assessment Roll, Eadte's Way, and Fixing Payment i �r T` ✓w3VccyiAlFa�d:��iP+iiw�l,Nsia.:.......,,�i KENAI CITY COUNCIL MAY 16, 1984 Page 5 C-10A$ PUBLIC COMMENIs a. Jackie Russell. She was representing herself, her husband and Mr. Barrie. She had protested the amount of the assessment, but Finance Director Brown had distributed a new set of figures to Council this date, and she agrees with them. Regarding the boundaries, there are 12 ip the subdivision, only 10 pay water & sewer. Their petition had asked for 100% LID. The way it is written, they share roads but not water & sewer costs. The 2 people facing 4th Ave. say they would have paid for water A sewer anyway. Council has to set precedent on how assessments are levied. finance Director Brown, in reply to a question, said LID's and assessment distriete are the some. City Manager Brighton explained the 2 lots not assessed face 4th Ave. The Code says those lots to be enhanced by the project are to be saseased. Whether the project is done or not, those 2 already have access. Mrs. Russell, in reply to a question, said stub outs were not put in on 4th St. finance Director Brown explained originally he had $1,400 for stub outs. These 2 people had a right to stub out on 4th St, so he gave them that. They could have water & sewer if Eadie's Way did not have water & sewer. It was the City's decision to stub out on Eadie's Way. b. father Targonsky. Mrs. Henderson asked him to represent her. It is true that all property owners signed the letters,but Mrs. Henderson said she was not informed that she could have stub outs from 4th St. as well as Eadie's Way. She has no objection to the amendment distributed this date. C. John Ctntula. He has property on 4th St. He agrees with the amendment. At the time 4th St. gov sewer, he asked for a stub out. The City put it on the other road for their convenience. finance Director Brown explained, the only changes in the amendment are the $1,400 off the 2 lots and there are 2 final plats for square footage. The 2 stub outs cannot be spread to the other property owners, so it was deducted. Removing them hoe not increased the assessment, the City will pay the $2,800. Certified letters were sent to all property owners for public hearing, no one came. Mrs. Russell explained she thought it would be easier to speak to finance Director Brown than to come to Council. C-10bs MOTION$ Councilmen Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. MOTION, Amendments Councilman Ackerly moved, seconded by Councilwoman Raslse, to amend the resolutton with the assessment role known as 02 on Eadie'a Nay as given to us May 16. there was no public comment. VOTE, Amendment (Possed)s Yeas Monfor, Wagoner, Ackerly, Bailie, Hall, Measles _ ._ •. _ .. ., t Nos Wise � � 141 KENAI CITY COUNCIL MAY 16, 1984 Page 6 VOTE, Main Motion as Amended (Passed): Yeas Monfor, Wagoner, Ackerly, Bailie, Hall, Measles Nos Wise C-11 Resolution 84-51 - Establishing Money Purchase Plan with ICMA Retirement Corporation MOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-12 Resolution 84-52 - Transfer of Funds - Playground Equipment and Picnic Facilities, Parks - $20,000 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the r.solution. There was no public comment. Motion passed by unanimous consent. C-13 Inlet Woods S/D Assessment District a. City Manager Report b. Preliminary Assessment Roll C. Resolution 84-53 - Setting Public Hearing C-13as Clerk Whelan said the Borough policy is that subdivisions already in existence and then subdivided must retain their original name. C-13bs No action taican by Council. C-13cs MOTION: Councilman Measles moved, seconded by Councilman Ackerly, to adopt the resolution. There was no public comment. Councilman Wise noted the petition states McLane may provide inspection. Atty. Rogers advised against this. He noted the petition is signed by individuals, but will be in partnership name. The individual will be liable and they will sign individually. Councilman Wise said he did not went them paid out of bond money. City Manager Brighton said if we go out to bid for inspection services and they bid on the project it wilt be tough for other firms to beat - them. Atty. Rogers replied to a question, it would not be a conflict of interest. C►ty Manager Brighton suggested discussing this at time of hearing of inspection. Motion passed by unanimous consent. C-14 Resolution 84-54 - Transfer of Funds - Maintenance Contracts for Five Word Processors - $6,272 �t 1 • iM��l'�'J"..-. .. _�r.rl iSC-ti:..'oaf'T Ad KENAI CITY COUNCIL MAY 16, 1984 Page 7 MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. C-15 Resolution 84-55 - Bid for Construction - Thompson Park Road Improvements MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. PUBLIC COMMENT: Bob Robinson, Engineering and Construction -Glacier State Construction. He asked if any of the $450,000 is allocated for relocation of the present phone facility and was the successful bidder was to work around the existing facility. Mayor Wagoner replied, no to both questions. Public works Director Kornelis added, utilities are in the bid documents and plane received by the phone company. Mr. Robinson said last year they had Evergreen Rd. contract. There was a clause that the contractors would work around utilities during construction. About $3,000 has not been paid. Public Works Director Kornelis explained Construction Unlimited is a new outfit, Mr. Herring started the business, he worked for Zubek last year. He has met requirements of bid, he will be bonded. The phrase of basic bid in the document is in the form resolution for most projects, there is only one bid. He added, there will be contingency left. Notion passed by unanimous consent. C-16 Resolution 84-56 - Transfer of Funds - FederaI Revenue Sharing - Animal Control - $5,300 MOTION$ Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Councilman Wise asked if it was intent of Council to do in-house. Public Works Director Kornelis replied he did not know but this was Administration's intent. Remodeling is difficult to bid. They would like to hire a carpenter. They had $27,000 allocated to the project, but it was not in this account. When they get it squared away, it will be after June 30 and Federal Revenue Sharing will lapse. They plan to do the engineering, then after July 1 the lapsed money will be asked for again. The carpenter will be an employee of the City with benefits. They asked for a construction manager because they are swamped with projects. The quote is hourly, hopefully it will not be that much. No other firms were solicited. Bill Nelson did the original. MOTION, Amendments Councilman Ackerly moved to amend the resolution to pay only for the schematic design and working drawings for $2,500. NOTES 2nd was not heard. . • J ram. KENAI CITY COUNCIL MAY 16, 1984 Page 8 VOTE, Amendment (Passed): Vass Monfor, Wise, Ackerly,.Bailia, Hall Not Wiae, Measles VOTE, Main Motion as Amendeds Motion passed by unanimous consent. C-17 Resolution 84-57 - Reiterating Rea. 84-30 Urging legislature to Adopt Revised Title 29 MOTION: Councilman Wise moved, seconded by Councilmen Ackerly, to adopt the resolution, with the correction of HS-172 in place of SO-172 in the first WHEREAS. There was no public comment. Motion passed by unanimous consent. D. MINUTES D-1 Regular Meeting, May 2, 1984 MOTIONS Councilman Ackerly moved, seconded by Cotoneilwoman Saille, to approve the minutes as submitted. Motion passed by unanimous consent. E. CORRESPONDENCE None F. OLD BUSINESS None G. NEW BUSINESS G-2 Requisitions Exceeding $1,000 Kluge Payment MOTION$ Councilman Wise moved, seconded by Councilman Measles, to approve the payment in the amended amount of f2,500. Motion passed by unanimous consent. G-5 Ordinance 938-84 - Establishing Assessment Fund - Inlet Woods, and Authorizing Appropriations - $1,500,000 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to Introduce the ordinance. Councilman Wise he did not understand appropriating funds not in hand. With this and Steller Dr. Assessment dial. we have committed $2 Million and leave less than $1-1/2 Million for Section 36. Mayor Wagoner said we have up to 84 Million to spend on assessment districts. The idea of getting E4 Million in bonds was not to specifically for Section 36 but to enhance housing development in the City. Councilman Measles said we have a request for this, but do not know d r• w - - . 7 :ll ` KENAI CITY COUNrIL " MAY 16, 1984 Page 9 i when or if Section 16 will sell or if it will he an assessment district. Finance Director Brown explained the bond people have said we cannot sell till we have projects. The current rate for tax exempt bonds to 10%. Councilman Wine asked, in the event we cannot sell bonds for 10% or less, are we proposing to absorb the additional cost? Mayor Wagoner explained, if it goes over 10% we are restricted. Finance Director Brown added, Council can change the Code to assess more. Councilman Wise asked, assuming the ordinance — passed and the bonds sold, how are we going to carry the bonds before the assessment district is final? Finance Director Brown replied, the general fund will make some psyment,after the assessments are collected,the excess will pay but it will take years. Motion passed by unanimous consent. j G-7 Ordinance 940-84 - Increasing Rev/Appno - Repair Street Loader - $25,000 a. Public Hearing MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, " to introduce the ordinance. i.a ,.. •iG �... ,r�., . ' Public Works Director Kornelia explained the drive line to included. Northern Commercial to the only one with a J rebuilt cat engine we can use. 1t is a 1972. there so quite a bit of difference between new and rebuilt. Councilman Wise asked for documentation. Mr. Kornelia replied it would be an the PC. Notion passed by unanimous consent. • j MOTION, 2nd Readings Councilman Wise moved, seconded by Councilman Measles, to ` have the 2nd reading. i f ,r Motion passed by unanimous consent. MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. � There was no public comment. Notion passed unanimously by roll call vote. •s G-8 Ordinance 955-84 - Amending KMC - Animal Control NOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to Introduce the ordinance. MOTION, postpones t: -- Councilman Wise moved, seconded by Councilwoman Bailie, to postpone introduction till the next meeting. Councilman Wise explained the changes to the existing i` ordinance are not shown. He would like a synopsso and good press coverage. VOTE, Postponements Notion passed unanimously by roll call vote. 1 Sl. a ' o , L� i it' KFNAI CITY COUNrIL MAY 16, 1984 Pogo 10 G-9 Lesson Appliratton - Wade - Gunt.y S/D MOTION$ Councilman Ackerly moved, seconded by Councilmen Mosolea, to approve the Inane application, Land Manager Labahn explained this was referred to PAZ at the toot Council meeting. PAZ was not able to review the plan, they naked that Council decide if the information to ndoquat.e. PAZ made i recommendations. The landscaping to not clear because the color plan submitted woo not cleat. Shrubs and gross will be on the Spur area, the rest is parking. Given the state of the land now, there to nothing there now. Mayor Wagoner said he would like to nee some guarantee. He would like funds act outdo and released if not done, to pay for it. Councilman Wise asked to abstain because he party to the propoinl, VOTE (Failod)t Yes$ Wagoner, Hall, Measles Not Monfor, Ackerly, 8ailio Abstains Wise Mayor Wagoner asked to nee more detail plan in color and a statement as to financing, an escrow. - G-10 Vacation of Easement - CIIAP MOTION$ Councilwoman Bailie moved, seconded by Councilman Ackerly, to approve the vacation of section line subject to Borough approval. Notion passed by unanimous consent. G-11 Oiacusssion - Landscaping Plan - Kenai Spur Plaza Land Manager Labahn explained this woo at Council 2 meetings ago. Council asked for a sore detailed plan along Spur. It has gone to PAZ. The material woo not presented till the seetinq night. PAZ recommended on to Council to keep it moving. There to a limited amount of trees the developer will introduce. He will grans in the arpa where trees are removed. Mayor Wagoner said he stepped off 20 ft. to the area and looked for good trees. There are very few. Mr. Labahn said there are 2 tosuess a. Consent to graso area, b. Escrow - will we use the same approach? Karat Wagoner noted Mr. Lowry agreed to escrow, Mr. Labahn replied to a que,$tian, the schedule for cunotruettun to some time in 1985. Mayor Wagoner noted some of the land to lease, some to nole. Mr. Lobohn replied to a queotton, there to a otart-up date and a complottnn date. MOT I Ott$ Councilwoman Bailie moved. neronded by Councilwoman Monfor, to approve the landa•-ape plan for Spur Plaza, if it to not done this year, funds will be to escrow. f J •a w e , _ 9 -- 1 i KENAI CITY COUNCIL MAY 16, 1984 Page 11 Atty. Rogers said if Council is requiring escrow, they might consider requirinq whether completion this year or not. He suggested an escrow, if it to done the money is released. Councilwoman Baslte noted in Anchoroqe they use the certificate of occupancy tied to it. When they get the building permit they have to have a detailed landscape plan. At approval they do not qet certificate of occupancy till it is approved. City Manager Brighton noted the escrow amount will have to be negotiated. MOTION, Amendments Councilman Ackerly moved, seconded by Councilwoman Bailie, to amend the motion to set up escrow account for landscaping in Spur Plaza in the amount of $5.000. NOTION, Amendment Additions Councilman Ackerly moved, with consent of second, to change to negotiate between Administration and builder for the amount. Councilman wise noted they cannot negotiate on private land. Mayor wagoner said Mr. Lowry did not make a determination as to private or leased. VOTE, Amendment (Passed): Yost Monfor, wagons-, Ackerly, Sailte, Hall Nos Wise, Measles COUNCILMAN HALL LEFT AT TdIS TIME (10 0 5 PM). G-12 Discussion - AFSS Lease with City Councilman wise said the proposal has been changed significantly by the Government. Atty. Rogers explained the City will take over major maintenance, the Government will take light maintenance. There is also an escape clause if they close down they are not liable. They have the option to extend past 20 years. City Manager Brighton explained they thought this met the intent of the Council. It is ready to sign. The reason they consented to major maintenance is because the building belongs to the City. They cannot under lease arrangement. Councilman Wise suggested if they cannot do maintenance, $1 per year is inadequate. Mayor wagoner said they should not have it for $1 per year after 20 years. He would like to see at market price after 20 years. Councilman Wise said the original proposal was all maintenance including parking lot be by FAA. Mayor Wagoner suggested an escrow for maintenance on a yearly basis and they get it back if not used. Councilman Ackerly suggested a minimum maintenance building. City Manager Brighton, in reply to a question, said the City will not do janitorial. Architect Gintoli said the drawings that went in had metal siding and metal roof with a 20 year guarantee. And metal windows. There to no exterior maintenance. The Government will do interior painting. MOTION: ft Councilman Ackerly moved, seconded by Councilman Measles, for approval of the lease to the government, fdU S/09 2.066 acres; and on the property - a but.lding to be constructed by the City. Terms of the lease - 20 years as per lease presented. Councilman Measles said the lease limits them to 20 years. Atty. Rogers explained he called them on an additional 20 years. They said there was no discrepancy. N /` e KENAI " TY COUNCIL MAY 16, 1984 Paga 12 MOTION, Additions Councilman Ackerly moved, seconded by Councilman Measles, to reword the 6th page, 0 18, line 2, after the words "agreed upon," add "at that time by the parties;" and delete the remainder. Councilman Wise sold he had not seen a cost/benefit ratio. VOTE (Passed): Yess Monfor, Wagoner, Ackerly, Bailie, Measles Not Wise Abeents Hall ADDITIONS BY PUBLIC WORKS DEPT. Thompson Park Project Thompson Perk Inspection Res. 84-58 - Thompson Park Inspection PO - Warning Lights and/or No -Parking Signs Change Order - Airport Vehicle Parking Res. 84-59 - Airport Vehicle Parking Public Works Director explained, the airport vehicle parking items are the most important. He explained metal posts are $4,000 more than wood. PO - Warning Lights and/or No -Parking Signet NOTION: Councilman Ackerly moved, seconded by Councilman Wise to hold public hearings at the next meeting and advise affected people regarding the hearing, and advertise un the media regarding the public hearing. (NOTE: This is regarding no -parking signs on Main St.) Notion passed by unanimous consent. Mayor Wagoner asked how many signs it would take on Frontage Rd. Police Chief Roos replied it goes to adequacy of notice. Vertical parking requires more than horizontal. Public Works Director said they figured 38 on Frontage Rd, 20 on Main St., 3 on Main St. Loop, 10 on Stellar. Chief Rose explained snow removal signs are on every entering street, these have to be seen whereever a driver comes in. Atty. Rogers suggested putting up the minimum at Administration discretion and put up more if required. Chief Rose noted a painted message on the curb is only good at certain times of the year. Mayor Wagoner said he thought the City made their signs. City Manager Brighton explained these are State regulated. Council agreed to the suggestion. MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, that metal posts be used to display no parking and tow away on Frontage Rd. Notion passed by ur,antmous consent. CHANGE ORDER, AIRPORT VEHICLE PARKING: Public Works Director Kornelio explained HEA has moved their transformer. PDA placed meters there, expecting it would stay. i i ryu 1 � KENAI CITY COUNCIL MAY 16, 1984 Page 13 MOTIONS Councilman Measles moved, eoconded by Councilman Ackerly, for approval of Change Order 01. Councilman Wise ankod why it was not designed with the manholes moved. Mr. Kornalis replied he did not know. MOTIONS Councilman Wise moved, neconded by Councilwoman Monfor, that Administration put PDA on notice of an explanation of an engineering bust and put on notice of recoupment in the amount of the change order. Notion passed by unanimous consent. RESOLUTION 84-59 - Airport Vehicle Parking Lot, Change Order MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to approve the resolution. There was no public comment. Notion passed by unanimous consent. THOMPSON PARK INSPECTIONS MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to approve the inspection in a not -to -exceed amount of $78,000. Notion passed by unanimous consent. RESOLUTION 84-58 - Transfer of Funds - Thompson Park Inspection - $0,000 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to approve the resolution. There woo no public comment. Notion passed by unanimous consent. THOMPSON PARK PROJECTS No action taken by Council. H. REPORTS H-1 City Manager City Manager Brighton spoke, a. Architect C. Cintoli had said the jail portion will remain in the Police area till Sept. The State will 1 continue the lease on a month to month basis with an J increase of bX in Sept. Police Chief Ross hau agreed I to this, Councilman Wise asked if there was any job protection for employees. Police Chief Ross replied all the old employees have already transferred, the new ones have been hired without a guarantee of employment. i .i ' lJ 1 M1 KENAI C t f Y CUUNC11 MAY 16, 1984 Page 14 b. Regarding the welcome sign for Kenai. The man who made the fitnesa Trntl sign will be at the June 6 meeting with proposals. e. Clyde Sterling, Kenai Packers told Mr. Brighton they have bought additional property next to the cannery and intend to house all their employees. Mayor Wagoner noted he woo here laot year when the cannery owners met with the City. d. Airport Manager Swalley has resigned effeettve July 1. Administration will advertise next week. (5-21-84) H-2 City Attorney Atty. Rogers spoke. a. Councilman Wise has been sitting on the arbitration board, but this could create problems because it should be a disinterested party and there could be substantial time involved. He has money in his budget for some one else. He would like a delegation to meet to select an arbitrator. NOTION$ Councilman Wise moved, seconded by Councilman Measles, to authorize the Attorney to select a delegate for the arbitration board. (NOTES This is for land leases) Councilman Wise noted there is one representative for the City, one for the lessee and one neutral. He would hope the one for the City would be biased toward the City. Notion passed by unanimous consent. b. Atty. Rogers asked Council to review his memo in the packet regarding deeds of trust in land sale contracts. This would be a change in the Code, contrary to the advise given before. e. Regarding the tarp ordinance. There is a litter ord. in the City Code and in Alaska Statutes. We have enforcement powers, the Borough does not. It would be more appropriate for the Borough to sell the tarps. The ordinance may be difficult to cover all situations. He would like to combine the City enti-litter law with the a Borough tarp law. d. Enstar has filed with APUC. e. Regarding the automatic teller machines for the airport. They have a Request for Proposal ready. There seems to be competing interest. f. Regarding the Cnok Inlet Enterprises lawsuit. One party did not pick up his sail, he is trying to locate his. q. Regarding handicapping parking ordinance. Does Council want signs around town? Council agreed. H-3 Mayor Mayor Wagoner spoke. a. He asked that off -road vehicles be restricted from the main otreets. the abusers are adults, not kids. He asked that it he discussed at the next meeting. Councilman Ackerly noted Beaver Crk. to being i r I i ' f `� ',+•+�V!isuan+wyizn�+.rs9fri�i.'r•�•'�i � 1 iJ II KENAI CITY COUNCIL MAY 16, 1984 Page 15 destroyed, the posts are removed. Public Works Director Kornelis noted the end of Forest Dr. is the some. Atty. Rogers said he has spoken to the Magistrate, she is asking the State for assistance. b. He woo contacted by the State Museum. There will be an exhibit in Wash. O.C. and they would like to use the brown and the white bears. They will pay for crating, shipping and will give recognition. Airport Manager Swalley said Don Johnson hen given approval with $25,000 insurance. The State has agreed. C. He received a call from Ruby Coyle regarding the material from her property. Public Works Director Kornelis said they moved the concrete May 15. They do not have the facilities to move the boat. Mayor Wagoner suggested pursuing the owner. d. Regarding the street names in Section 36. He asked if we could use the names anyhow. Land Manager Labohn explained that is Borough policy, some of the names are in use inside the City. Council agreed to try for additional Alaskan names. The plat is approved. e. He requested Council begin discussion on Capital Improvement projects by July. f. Regarding the car rental request in the airport. At the time of expansion Council discussed going down by the root rooms. The car rental agencies sold that was not desirable. The wild life display is there now. H-4 City Clerk Clerk Whelan spoke. a. She reminded Council of the meeting on May 24 with DOT. b. The first meeting in July will be on a holiday. MOTIONt Councilman Ackerly moved, seconded by Councilman Wise, to hold the first meeting in July on July 5, 1984. Notion passed by unanimous consent. C. The Borough is re -writing their election code to conform with the new punch card system. This will affect the City Code. Clerk Whelan will submit some amendments to conform with the Borough. There are 2 items that are part of the Charter and will require an election: (1) Filing Oates, Aug. 1 through Aug. 14. Our dates are Aug. 3 to Sept. 1. Since the ballots are all printed together this will present a problems also it is more desirable to have all filing dates uniform. (2) Declaration of Candidacy. We require 20 signatures on a petition to file, this will be a simple declaration. If Council wants to have this an the Aug. ballot, it will have to be discussed. J J v. 4 r• • s -3 KENAI CITY COUNCIL MPY 16, 1984 Page 16 H-5 Finance Director Finance Director Brown ooid the financing for the plant test plot cannot be awarded till next year. Councilman Measles suggested it be done with Federal Revenue Sharing monies. Council agreed to the suggestion. H-6 Planning d Zoning Councilman wise said the townhouse ordinance was discuoaed. H-7 Harbor Commission None H-8 Recreation Commission None H-9 Library Commission Mayor Wagoner noted the new chairman is Cathy Heus. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Recreation Director McGillivray asked about the Ward Landscaping proposal on Bernie Huse trail. Mayor Wagoner said he has accepted the offer. 2. Councilman Ackerly asked if the permit for oiling the streets had been received. Public Works Director Kornelie said they have applied for it. 3. Councilman Ackerly asked if there was any information on the 2 proposed bowling alleys. Land Manager labahn replied, Mr. Blakeley has rescinded. Mr. Church has said things are moving along. Mayor Wagoner noted Mr. Church has received a latter of credit. 4. Councilwoman Bailie reported she attended a meeting of the how the ow revisionsiwere cl on oming along. and Me or Wagonersaidhe 9 9• Y 9 will wait till July and work with Atty. Rogers on •U this. S. Councilwoman Sallie suggested putting a flag pole in front of City Hall. 6. net Ac rty ngld -would not be at the next y: ouncil meeting. 7. Councilwoman Monfor noted the campers will be arriving ' soon and hoped the City is ready for them. A03OURNMENTs �+ Meeting adjourned at 12s15 AM. __ ! Janet Whelan City Clerk ';•4l1�1s,'r�fti?z'x•vri,;�.+li•%� ;,s•�� E y es L W., F-Z CITY OF KENAI "Od ea jal 4 4i4"a" 210 PIOAL00 KENAI, ALABKA 00M11 TELEPHONE M - 769b June 1, 1984 MEMORANDUM TO' enai City Council FROMs Jeff Labahn, Land Manager REs Lease Application - Tract B, Gusty Sub. #2 Jesse do Catherine Wade The referenced loses application was not approved at the Council meeting on May 16th as a result of a 3-3-1 vote. Mr. John Wise, representing the applicant, has requested that the submitted site plan be made available for Council review at the meeting. A copy of the plan is also included in the packet for your information. The Planning and Zoning Commission reviewed the site plan at the May 9th meeting and recommended the followings 1. Approval of lease application with submitted site plan. 2. Lease application to be amended to read "length of lease to run 20 years" instead of the indicated 99 years. 3. Lease agreement to include the completion of the landscaping plan to coincide with the required construction schedule which is two years. Recommendations Approval of lease application per conditions specified by the Planning and Zoning Commission. JL/dg y a - CITY OF KENAI od capdodl 1 210 FIDALOO KENAi, ALASKA 96611 TELEPHONE 283•7635 May 21, 1984 Mr. John Wise P. 0. Box 605 Kenai, Alaska 99611 RE: Lease Application - Tract B Gusty Subdivision No. 2 Dear Johns The Kenai City Council did not approve the referenced lease application at their meetiny on May 16, 1984. The motion to approve the lease failed on a 3-3-1 vote. Following the vote, it was discussed that a more detailed color site plan be submitted r- J and that an escrow be established for the proposed landscaping improvements. I will schedule this for the next appropriate Council meeting upon submission of this information. Sincerely, 1 Je f hn L d Manscar .i JL/dg ' <a ;1 ;i i i Y a • CITY OF KENAI tod Capdal 4 4"„ 210 FIDAL00 K1lNAI, ALAOKA 9901 TULEPHONG 243. 7535 May 30, 1984 1 i Mr. John Wice -- P.O. Box 605 Kenei, Alaska 99611 REs Lease Application - Tract 8 , Guoty Subdivioion No, 1 J I Dear Johns 1 1 discussed the referenced matter with the city manager per our recent conversation. We concur that the appropriate procedure to to resubmit the previously provided cite plan for Council consideration at the June 6th i meeting. 1 will schedule this matter on the upcoming agenda unlace otherwioe diroctod by you. fi S nceroly, oho of La all' I, Lan tanager J i 380j1 N -- r 1 1 i I i ,Y i 9� v i _ � I I- 7 u ' Q 6 :',' ll'' '1'', M : f 9 f , I /:•i7.7 7+b am •1#4 mul 1f11'IJ' i"'•itX1'091A&UW117Y.11FO,V 0, ' !•.•� .• •41 li'1►YF ,,*: r •,•,' Ov •� 1/, 1. Sa�� 1 d @a°,• i r ll, IA 't ba r fit ,/,l. tl 1, l •, n rin" rn' la"t von w .... I5evr1'i0"1 IL%fr01 levnl7' � i" fit' I ! 4AL'Off, I r le rl e , TTT n h/Ir r, /r,w O//,/ill I ,� ' I� y,V 0 �1r • '' � { /// , li/.r l/ J.)i;�,.,,,Al. No lei/� • ^ ^ 0 /%Q%Ir/n,I ./.:/ii,'l, d!//'ll,.i'�'.'(01! �•/ill. /�.',./q/i..•,/•�'i � <.� '.y , � ' I . AvIl . !� • '/! ! y%n ��,�/i. 1. NAq ',/✓A'�'a %/ 1 •,, it, �on ° a , I ', q�/i 1 if'l � ^I!. ' /n /// ''+lA',vl/'i y /,.11lii !%///r�/ �.i :,,• ll,, , ;W� / •I 7� a .�i•Fl•' 11 [�'`J� ,� o »l'It A ,r,l`fif' • ti �� Coli 1,, 1 l r Aft r 1,'I r Idhf, d I u, Date RUGIM1 A.- 47' 84 (31 'Y 01, K I sNA I Tin tccs h( , P,O, BOX 560 • KaNAI, ALASKA • PHONt 283,7535 CS tle 4 tI Lf;nSt: APPLICATION Noma of Applicant. _s onnu 6 Q3thortiLq ru q Add r ti o n irn� lkx � a �'�t><►�;R�r A KE.mrii. � nrs t �� l �� .. Utsolnona Name and Addrona Kenai Poninoula Elorough Salon Tax No. (if applicable) State 13uoinean Licorsau No. (if npplicablo) Tv�aphono 77(-ft�:}€� Lot Doocrlptton W ,o,L,_ niY&sl,� ykJWG Deoirod Length of Lunoo _„_92=vxn Property to he u o o d for .,�A€s�sh4ivf•nisasi�D�'1��yfJ]dY�l�i:4lals Douaviption of Dovolopmonto (typo, conntruction, Bice, etc.) n fit r.�t Attach tiovolepmont plan to ucalo�E1" a ��7, rthrtwincl fill t►utldtnr)ss planned. Time SOhodulu for Prop000d DOvelopmonts suginniou Datu DiA Prapa#ju(i Complotlon 1)uto NA Cutimotod vulutt or Conntruetinn VIonto I 'lee A —501r)(1411 7 elle, pokes �� itrinorl t _ • ' J r , , R -- CITY OF KENAI ,.ail Capdal 4 44zd4d" 210FIDALOO KENAL ALASKA 99611 TELEPNONE233.7535 MEMORANDUM % 1� ' `j r {`f )Jv T Kenai Planning 6 Zoning Commission Os 9 FROMs eff Labahn / SUBJECTS Lease Application: Tract 8 Gusty S/D No. 2 - Jesse and Catherine Wade - for Parking OATEs April 27, 1984 The referenced lease application returned to the Planning Commission on April 25th for review at the request of Mr. John Wise. A vote to reconsider the application failed with Chairman Lewis, Commissioners Carignan. Osborne, Smalley, and Zubeck voting not CQmmicsioners Bryson, and Oleson voting yes. ••0 -The original motion stands (per attached outlined minutes of 4/11/84) . which requestss f .�`°• • - • 1) Site plan 2) Term of lease to run 20 years 3) Deelartsd no use by the Parks h Recreation Commission (it wa, dec;larpd later that this was not necessary) A site plan was submitted by Mr. Wises later and was not reviewed by the Comni,uion. JBL:jl •� � 1 i h :, I CITY OF K E N A I TRACT "B" CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 1"= 50 ft.*, and must show layout of the lot applied for and the location of all imE•rove- ments proposed. Drawings must show: 1. Existing buildings NA 2. Proposed buildings NA 3.• Parking facilities (how many spaces and where located) X 4. Site improvements a. Areas to be cleared and method of disposal X 'Ibsow 49144 b. Proposed gravel or paved areas X M J C. Landscaping plan (retention of natural vegetation and/or proposed planting areas) X r, r 5. Building set backs NA 6. Drainage plan and method of snow removal X 7. Circulation plan (all entrances, exits and on -site access) X ��r�/ S. Location of sign(s) - sign permit required X ovhv � 9. Fencing NA 10. Curb cuts (where applicable) X 11. Building height NA 12. Buildings on or near the airport on airport NA lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. _100 ' 2 was -0�/l��l� `�' C• ����7� of G Description of Property Tract B. Gusty S/D No. 2 �. CONDITIONS OF ACCEPTANCE - i (To be completed by the City) i Annual rent rate or cost Zoned for Conservation Permits required Assessments Insurance required Construction must begin by N/A �.'�~•1aPletion date for major construction N/A THIS APPLICATION WILL BE MADE A PART OF THE LEASE i `t Planning Commission Approval: By- Date of Approval 4/11/84 1 �y Chairman City Council Approval: ,." . By: , Date of Approval City Clerk • 4 ..r i 1' ' ►`+l 44U.99' 944%1 CAP �N YJK Wt •` � NSO. 3G' SS" E � s•xs . ivu.t0 \ spawn w' S�9tt �• e1 • •• __� 88. 38' 14" E 339. 38' �4, • V !' •I 1%%3 I . 4, • �. pi h %♦ •v fp '' O �f. ♦ 9 o ;• %` r. oc, ,oG • 1, t A ` TRACT 8 ~� rr•o9s •.r. % G.,`1'T LIT 3t+ . c • m f•1Y`�x. •k, fonnot bt tins l� W "Y• ,..LLB • i m .110 f•� ' •I * y, .� z•••t tip C O 8 A ;' O !� 6/ i'i�% s1�'1:!'f�i;�f:� c�';?.ii' ,(•�,�dAA'A5'w('•,•..:{{:[ �. ?'.�'.:��✓.1 vBJ?. S�l.�' O. N 81• 16' 72" E 406.6G' t N 89. 44' 30" w J p . .'� . .♦ JJ•' �� O# KR8 111356 ,yJsi. A 00 99f a3 �t' ••ti Q.I . tq' MC40 Ih►t 1 1 1 LLei:C v i 4fi'1 "TRACT C 39.339.79 s.L s N N - n •� � A LL b •� A f0 h • Om h Y h • H O O O Al I 1 tY crT/ •n1-,N,e.n lrrgy 1984 Idr. Jeff Labahn Land Idanager n- City of Kenai 210 Fidlgo Street - I Kenai, Alaska 99611 Dear Jeff, On behalf of my clients, Jesse and Catherine Wade, I hereby request that Tract "C" Gusty Subdivision #2 be mide available for sale to the Wade's at the price of the recent appraisal with terms as permitted j by the City. Tract "C" controls the existing access to the Wade's property Tract "A" u ! Shadura Subdivision, same 3.7 acres. Further the two properties ca=nly abut a section line which restricts any development over 66 x 440' right of way. Therefore the leasing of Tract "Cr' by the Vlade's would not enhance thier control or potential for development, ownership axould. Tract "C" is an isolated triangular lot across the Kenai Spur Highway from City of Kenai Airport Lands, Gusty Subdivision which by Deed of Release are available for sale. Request prompt consideration be given to this request. Sincerely John Wisc i- • ' : For Jesse aixl Catherine Wade } A G I � I FRA' PROPERTY WORLD, INC. o- �-r�., ;f._- :•,..•sl �:�ur rat•. • i1�ir••t�• :,,,,al• , ..•�.t :.,..:iT o- !!l J 1 � , ,A 1 " .a.Ir..a. a w . .. .. .. .- .. .. �,✓�.� , s. rr......G:." _ - —4 .-��w•�.. - -,.n-r�Misi..s • .f r PAYMENTS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 6/6/84 VENDOR DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGED AMOUNT POd ' FOR APPROVALt Carmen V. Gintoli Arch. Services CP-Library Addn. Engineering 9,336.00 Arch. Services CP-Police Addn. Engineering 8,520.00 Professional Design Assoc. Engineering Services CP-Airport Ramp Inspection 8,985.00 Engineering Service: CP-Terminal Parking Inspection 16,645.90 Quality Asphalt Paving Pay Est. No.3 CP-Terminal Parking Construction 169,764.66 i Ward Landscaping Final CP-Misc. Park Improv. Construction 3,574.84 50690 Western Utilities Pipe 6 Couplings CP-Terminal Parking Construction 2,191.96 52301 I Petorkin Dist. Food For Inmates Jail Operating Supplies 1,010.05 52883 FOR RJITIFICATIONt National Bank of Alaska May Federal W/H Various Liability 51,832.81 AMEFCU May Credit Union Contribution Various Liability 17,523.00 i ICMA Retirement Corp. May Employee's Contribution Various Liability 4,682.00 r' Walter: b Olson Mime. City Insurance Non -Departmental Insurance 4,654.00 i I i i i i J I I I 1 I 1 j La- �., - REQUISITIONS OVER $1,000.00 WHICH HEED COUNCIL APPROVAL 6/6/84 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ; Hydraulics Unlimited Cylinder Ram For Dump Truck Shop Repair 6 Maint. Supplies 1,404.00 - -- McLane 6 Assoc. Survey 6 Plat Airport Lands Airport Land Professional Services 1,960.00 Ten Acre Tract/Airport Way Testing Institute of AK Additional Charges for Inspector CP-Airport Ramp Engineering 3,761.86 ' Services for Kenai Airport Ramp Overlay/Itinerant Parking Western Utilities Hydrant Parts Water Repair 6 Maint. Supplies 2,052.63 REQUISITIONS FOR PY 84-85s i McNaughton Book Service Lease Agreement-25 Books Library Rentals 3,663.24 Per Month. Eff. 7/l/84 Sunset Janitorial Janitorial Service Library Professional Services 6,000.00 7/1/84-6/30/85 Creenscapes Lease of Plants 6 Plant Terminal Rentals 3,888.00 Maint. 7/1/84-6/30/85 i } 1 G - 3 ' I Suggested by: Administration CITY OF KENAI j ORDINANCE N0. 935-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, A ASKA, s REPEALING AND RE-ENACTING KMC TITLE 3, ON ANIMAL CO TROL TO INCREASE PENALTIES, CHANGE METHODS OF CAPTURE, AND ADDITIONAL VIOLATIONS. {� WHEREAS, the present ordinance is not sufficient insofar as penalties, court appearances, and methods of capturing animals, and i WHEREAS, the present maximum fine of $25 does not allow for imposition of reasonable fines in worse case situations, and y 0 • � WHEREAS, a -ea UM tine would provide a deterrent in more serious cases, and WHEREAS, mandatory court appearances will impress offenders with the seriousness of animal control violations, and - WHEREAS, the present cruelty laws do not cover certain aspects of 1 cruelty violations, and WHEREAS, the present ordinance for impoundment does not cover a . vicious dog, and WHEREAS, other fees and charges for impounded animals are insufficient. i WHEREAS, the present license requirement of six months of age for a dog does not correspond with the rabies vaccination of three months of age. ' NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF j KENAI, ALASKA, as follows: •;{ � I Section 1: KMC 3.05.010 (9) is amended as follows: ,a (9) "Impoundment" means: ' a The seizure of animals by the methods set forth in KMC 3.25.010(d). " b Seizure of a vicious animal. - F 1 > I - f I i I t I� f t' '1 l 1 1 y (10) (9] "Officer" means a person charged by law with the duty to enforce provisions of this title. ( 11 ) [ 10 ] "To own" an animal includes having title, keeping, harboring, and having custody or control of an animal. (12) [11] "Person" includes individual, joint venture, partnership, corporation, or unincorporated association. (13) [12] "Restrain" means: (i) [a] physical confinement, as by leash, chain, fence, or building; or (ii) [b] under competent voice control when an animal I s engaged in an activity or form of training requiring that it not be physically confined; or (iii) [c] under competent voice control when an animal is on the property of its owner. (14) L13J "Sterile" means rendered incapable of re- production by surgical operation. (15) [14] "Vicious animal" means an animal which has bitten or attacked a human being without provocation. Section 2: KMC 3.05.060 is amended as follows: Penalties and Remedies: (a) Except as this section provides otherwise, a person who violates a provision of this title, term, condition, or provision of a license issued hereunder, or a City regulation promulgated under this title shall, upon conviction, be subject to a fine of not more than $300 [$100]. (p, In addition to, or as an alternative to the criminal penalty aforementioned, any person violating any provisions of this title shall be subject to a civil penalty of not more than $300 [$100]. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. (c) The City shall seek an award of reasonable attorney's fees and costs from the court in prosecuting such an action. Section 3: KMC 3.05.070 is hereby amended as follows: Citation Procedure: (a) [1] An officer may serve a summons and complaint in the farm of a citation upon a person for violating a provision of this chapter, or a term, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. (b) [2] A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to apoear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. 2 In W /f =M.11 U (c) [3.1 An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by official action. (d) [4.1 A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful complaint for the purpose of prosecuting a violation of this title. (e) Mandatory Court Appearancef—$44„(J be /'e�u«�,Q 1 or a vicious dog ticket. or 911 cruelty charges under this code. _3 won second citation of all other provisions of Chapter 3.10 in a 12 month period. Section 4s KMC 3.05.100 is hereby amended as follows: Feess (a) [1.1 The fee for a kennel, dog fancier's ' facility, or dog musher's facility shall be $5 per dog in the facility, up to a maximum of $25. (b) [2.] The fee for a dog license shall be $3 for a sterilized dog and $5 for all other dogs. The fee for replacing a lost dog license tag with a duplicate shall be $.25. (c) [3.1 The fee for redeeming an impounded animal shall be the sum of the impoundment and boarding fees I specified in this subsection, provided that if, within 30 days of paying the impoundment and boarding fees, the owner of an impounded animal presents proof that the animal has been sterilized, the Animal Control Office shall refund to the owner the impoundment fee for the animal. The refund for sterilization shall be allowed only one for any animal. (11 [a] first impoundment fee: dog - $35 [$25]; cat - $10 [$51; 2 second impoundment fee within a 12 month period from first impoundment: do - 0; cat - 20 plus citation 8 0 at license and boarding fees as required; 3 third im oundment fee and thereafter within a 12 month period from irst. impoundments don - ; cat 0, plus citation, shots, license, and boarding fees as re uired. 4 boarding fee: dog and cat $3/day; other animal weighing less than 15 pounds $3/day; other animal weighing more than 15 pounds $5/day. The boarding fee also shall include any other costs actually and reasonably incurred by the Animal Control Office in maintaining the animal, including, but not limited to, medical care. 3 9 i (5) Any impounded animal which by reason of its size, strength, dangerous propensities, or other char- acteristics cannot reasonably be kept in the Animal Control Shelter may be reclaimed upon payment of an impoundment fee of $25 plus the actual costa reasonably incurred by the Animal Control Office in impounding, transporting, and keeping the animal. (d) The fee for adopting an animal shall consist of a charge of $10 to defray the cost of vaccinating the animal to and help defray the cost of impounding and caring for the animal. Section 5s KMC 3.10.060 is amended as follows: Cruelto Animalss (a [1.] No person mays Lal intentionally ill an animal; 2 [b] intentionally injure, torment, poison, provoke, or otherwise abuse an animal; (3) •[c] maintain an animal without providing food, wsl'er, and shelter adequate to preserve the animal's health, or abandon an animal where it will not be provided proper food, water, shelter, and care; (4) [d] maintain an animal showing symptoms of an iin ectious or contagious disease without keeping the animal confined in a building or secure enclosure and under proper care. (b) [2] Subsection (aa,) (1] of this section does not apply t M [a] impounding, destruction, or other disposition of an animal in a humane manner as authorized by law; (21 [b] killing or injuring an animal where necessary to protect a human being or domesticated animal from death or bodily injury; (3) [c] the humane destruction of an animal by its owner or the owner's authorized agent. (c) [3.] Animal fighting. (1 [a] No person may cause an animal to fight another animal or human being, whether for amusement of himself or others or for financial gain; or (2) [b] train, or keep for the purpose of training, an animal for exhibition in combat with an animal or human being, (3) [c] no person may permit his premises to be used for the purposes described in paragraph (cl) [3a] of this subsection, or be present as a spectator at an exhibition described in paragraph (cl) Da] of this subsection. 4 J k� /r M d) (41 Accident involving injury to animal. (1) (a) The driver of a vehicle involved in an accident resulting in injury to an animal shall stop the vehicle as close to the scene of the accident as possible and forthwith inform the owner of the animal of the injury if the animal's ownership is readily ascertainable, or inform the Animal Control Office of the injury if the animal's ownership is not readily ascertainable. (2) (b) A driver shall inform the appropriate person under paragraph (dl) of this subsection of the time and location of the accident, a description of the injured animal, and the apparent nature of the injury. (a) Animal trapping. 1 No person may use a trap within the city limits (f) Animal harassment. tU o person may allow any animal which he owns to molest or harass wild or domesticated animals. Section 6s KMC 3.20.010 is amended as followss Requirement for Licensess A person who owns a dog over ^ the age of three L61 months, other than in the operation of ,r1 a kennel, dog fancier's facility, or dog musher's facility, shall obtain a dog license for that dog pursuant to this chapter. Section 7: KMC 3.25.010 is amended as followss Impounding Procedure: (a) The following animals shall be su ject to impoundment: (1) an animal found at large; and (2) a dog not bearing a license tag as required by KMC 3.20.030. (3) a vicious animal (dog or other). (b) an an officer finds an animal subject to impoundment and the officer knows the identity of the animal's owner, the officer may cite the owner rather than impound the animal. (c) An officer may pursue an animal onto private property in the course of effecting an impoundment under this section. (d) Method of Im oundment: n officer of this code may capture an animal by cal_inq the anima at —large to him. III a citizen may also capture an animal at large bX this method for removal by the Animal Control Officer. 5 7= I 1 i i . i I - =r o r d C sto - (2) When deemed necessary the Chief Animal Contt'ol Officer or his designee may capture an animal at large by the use of a baited Live ca ture ce a tra When the public safety is in jeo5ardy, the Chief Animal Control Officer or his deal nee ma ca ture a'n anima means PASSE (e,,, THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of Ju984. � A. TOM MAGONER, MAYOR ATTESTS anet Whelan, City Clerk i First Readings June 6, 1984 Second Readings June 20, 1984 Effective Oates July 20, 1984 A 1 1 d I I �t. I r 1' l Gr -3 CITY OF KENAI „ DEC eapdu of 4"0'0' 210 FIDALGO KENAI, ALASKA M11 TELEPHONE M- 7535 May 31, 1984 TOs Keith Kornelis, Director of Public Works FROMs Bill Godek, Chief Animal Control Officer REs Explanation of Amendments to Title 3 of the Kenai Municipal Code Presently, I am scheduled for a vacation during the last two weeks of June. This has been planned for sometime now, and I will be out of town. However, I will be able to attend the June 6 meeting for introduction of the proposed amendments. At that time, I ask that the Council please address any questions or concerns to me for a better explanation. Section 1s AMENDMENT p1 - The first amendment is a new definition"Impoundment." This definition was never present before, and I felt that the word needed some defining as it related to the proposed "Impoundment Section 3.25.010(d)." Please see this section for clarification. The methods of impoundment will be discussed later in this memo. Most importantly, this definition makes it clear that impoundment means the "seizure of a vicious animal." This was never made clear in the existing Code, and my office really had no power to seize an animal that attacked a human being without provocation. (See 3.05.010 (14) of existing Code.) Presently, we only have the power to cite a person for failure to contain a vicious animal. (See 3.10.020 (3) of existing Code.) Now, if the amendments go through, my office will be able to impound a vicious animal, take it to the shelter to await an administrative hearing (See 3.25.080 of the existing Code) and destroy the animal if the owner does not make a written request for such a hearing within 30 days of the impoundment.' Of course, the animal owner will also be issued a citation to appear in Court. Indeed, this is a rare occurrence; however, we need this ordinance to insure the public's safety in the event that there is a vicious animal at large. 1 - /, AMENDMENT #2 - Another proposed amendment to definitions concerns the meaning of "Restraint". Presently, KMC 3.05.010 (12)(c) states that "Restrain means: When animal is on the property of its owner." This is all well and good if the animal doesn't leave the property and will work if the animal is properly trained. However, my experience has been that an animal will roam freely if not restrained by physical or vocal means. Kenai Animal Control will of course not enter private property to ; impound these unattended animals and does not have the power to do so. This amendment is proposed for those cases where the animal owner leaves his property and his pet behind with no means of restraint present. The probability of that animal becoming a roaming nuisance is high and will be deal. with in the form of a citation. Section 2s The next section proposed for amendment is "Pena t es an Remedies". (See KMC 3.05.060.) As it stands now, the maximum fine in Court for Animal Code violations is $100.00. My office proposed that the maximum fine be increased upon conviction to $300.00. This new ordinance in itself would be a deterrent to potential violators and would provide a more reasonable fine in worse case situations that go to Court. Other Alaskan communities such as Soldotna and Anchorage already have a $300.00 maximum fine with very good results. Section 3: The present "Citation Procedure" (KMC 3.05.070)' is inadequate in that it does not allow for any mandatory Court appearances. At the present time, a violator may go to the Clerks office at the Court House, sign a waiver, and pay a simple fine of $25. This is the case no matter how many times the violator is cited. Under the new proposal, a second citation within a 12-month period for violations of Chapter 3.10 would mean that they would have to appear before the Magistrate. If they plead guilty, the Magistrate could impose a maximum fine on them. Of course, I and the City Attorney would be present at a mandatory Court appearance. This proposal also includes mandatory Court appearance for all vicious dog and cruelty charges under the present Code. By doing so, the City attorney will be able to ask the Magistrate for a maximum fine upon a plea of guilty or no contest in these more serious offenses. Section 4s Presently, the Fee Schedule (See 3.05.100-3a of existing CodeT is insufficient in that it does not cover repeat offenders that have their animals impounded more than once. What is proposed is that the fee for first time impoundment be increased from $25.00 for a dog to $35.00 and from $5.00 to $10.00 for a cat. Thereafter within a 12-month period, the fee /' would be increased to a $50 dog impound fine and $20.00 fine for a cat. Also, a citation would be issued to the animal owners upon pick up of their pet. Within a 12-month time frame, a third impoundment would cost the pet owner $75.00 and $30.00 respectively. Plus another citation would be issued which would become a mandatory Court appearance. Also, on top of these progressive fines, the owner would be required to pay for all other fees provided for in this present Code. I would hope that this stern impoundment fee schedule would impress upon the violator the need to become a responsible pet owner. Section 5: AMENDMENT #1 - Section 3.10.060, "Cruelty to Animals" is very clear at this time; however, this office feels that there is a need to include two more aspects of cruelty to be - spelled out for the Council's approval. The two new aspects are "Animal Trapping and Animal Harassment." (See 3.10.060-(e)(1) & (f)(1) of the proposed amendments.) Trapping of fur bearers is an Alaskan tradition; however, Kenai is now an urban area with semi -rural neighborhoods. The use of steel traps and snares becomes a danger to both people and domesticated animals in a populated area such as ours. For example, this past winter I received a call from a citizen who had found his dog strangled by a coyote snare. It was obvious that the dog had met an agonizing death in its struggle to be free. The dog had accidently gotten loose from his owner. Even if the dog had been allowed to roam free, it surely did not deserve such a horrid death. The animal is not at fault. What if a child was caught in one of these traps? AMENDMENT Ill - The next proposed ordinance in this section is "Animal Harassment." Basically, it states that a person cannot allow his pet to molest or harass wild or domesticated animals. This past winter a Kenai Police Officer witnessed an event in which a dog owner allowed his dogs to encircle a cow and calf moose on his property. The person even encouraged his dogs to do so. It was only after the dogs went out into the street that the Officer was able to cite the owner for a simple loose dog violation, costing the owner a fine of $25.00. Under the proposed amendments the pet owner would have to appear before the Magistrate, at which time I am sure the violator would have a maximum fine imposed upon him. Surely, this would make the violator realize the seriousness of his actions. Section 6: At the present time, a person who owns a dog over the age of six months must obtain a dog license. (See KMC 3.20.010 of existing Code.) The Kenai Animal Control Office 3 0 AMENDMENT #2 - Another proposed amendment to definitions concerns the meaning of "Restraint". Presently, KMC 3.05.010 (12)(c) states that "Restrain means: When animal is on the property of its owner." This is all well and good if the animal doesn't leave the property and will work if the animal is properly trained. However, my experience has been that an animal will roam freely if not restrAined by physical or vocal means. Kenai Animal Control will of course not enter private property to impound these unattended animals and does not have the power to do so. This amendment is proposed for those cases where the animal owner leaves his property and his pet behind with no means of restraint present. The probability of that animal becoming a roaming nuisance is high and will be dealt with in the form of a citation. Section 2: The next section proposed for amendment is "Pena ties and Remedies". (See KMC 3.05.060.) As it stands now, the maximum fine in Court for Animal Code violations is $100.00. My office proposed that the maximum fine be increased upon conviction to $300.00. This new ordinance in itself would be a deterrent to potential violators and would provide a more reasonable fine in worse case situations that go to Court. Other Alaskan communities such as Soldotna and Anchorage already have a $300.00 maximum fine with very good results. Section 3s The present "Citation Procedure" (KMC 3.05.070) is inadequate in that it does not allow for any mandatory Court appearances. At the present time, a violator may go to the Clerks office at the Court House, sign a waiver, and pay a simple fine of $25. This is the case no matter how many times the violator is cited. Under the new proposal, a second citation within a 12-month period for violations of Chapter 3.10 would mean that they would have to appear before the Magistrate. If they plead guilty, the Magistrate could impose a maximum fine on them. Of course, I and the City Attorney would be present at a mandatory Court appearance. This proposal also includes mandatory Court appearance for all vicious dog and cruelty charges under the present Code. By doing so, the City attorney will be able to ask the Magistrate for a maximum fine upon a plea of guilty or no contest in these more serious offenses. Section k: Presently, the Fee Schedule (See 3.05.100-3a of existing Code) is insufficient in that it does not cover repeat offenders that have their animals impounded more than once. What is proposed is that the fee for first time impoundment be increased from $25.00 for a dog to $35.00 and from $5.00 to $10.00 for a cat. Thereafter within a 12-month period, the fee u would be increased to a $50 dog impound fine and $20.00 fine for a cat. Also, a citation would be issued to the animal owners upon pick up of their pet. Within a 12-month time frame, a third impoundment would cost the pet owner $75.00 and $30.00 respectively. Plus another citation would be issued which would become a mandatory Court appearance. Also, on top of these progressive fines, the owner would be required to pay for all other fees provided for in this present Code. I would hope tnat this stern impoundment fee schedule would impress upon the violator the need to become a responsible pet owner. aA 1 Section 5: AMENDMENT 01 - Section 3.10.060, "Cruelty to Animals" is very clear at this time; however, this office feels that there is a need to include two more aspects of cruelty to be spelled out for the Council's approval. The two new aspects are "Animal Trapping and Animal Harassment." (See 3.10.060-(e)(1) do (f)(1) of the proposed amendments.) Trapping of fur bearers is an Alaskan tradition; however, Kenai is now an urban area with semi -rural neighborhoods. The use of steel traps and snares becomes a danger to both people and domesticated animals in a populated area such as ours. For example, this past winter I received a call from a citizen J who had found his dog strangled by a coyote snare. It was obvious that the dog had met an agonizing death in its struggle to be free. The dog had accidently gotten loose from his owner. Even if the dog had been allowed to roam free, it surely did not deserve such a horrid death. The animal is not at fault. What if a child was caught in one of these traps? AMENDMENT #2 - The next proposed ordinance in this section is "Animal Harassment." Basically, it states that a person cannot allow his pet to molest or harass wild or domesticated animals. This past winter a Kenai Police Officer witnessed an event in which a dog owner allowed his dogs to encircle a cow and calf moose on his property. The person even encouraged his dogs to do so. It was only after the dogs went out into the street that the Officer was able to cite the owner for a simple loose dog violation, costing the owner a fine of $25.00. Under the proposed amendments the pet owner would have to appear before the Magistrate, at which time I am sur.o the violator would have a maximum fine imposed upon him. Surely, this would make the violator realize the seriousness of his actions. Section 6: At the present time, a person who owns a dog over the age of six months must obtain a dog license. (See KMC 3.20.010 of existing Code.) The Kenai Animal Control Office K J 3 would like to see this section amended to read, "over the age of three months" so that it corresponds to KMC 3.30.050, "Rabies Immunization Required" which is for dogs over three months of age. This would make the Code more consistent than it is at present. Section 7: One aspect of amending the existing impoundment procedure has already been discussed; namely, that a vicious animal is subject to impoundment. (See KMC 3.25.010 (3) of proposed amendments.) Since this has beets clarified, I would i like to move on to "Methods of Impoundment." Ii Presently, the Code is not clear as to how an Animal Control Officer may capture an animal at large. It is simply an ambiguous grey area left up to the judgment of the officer in the field. Most stray animals impounded are captured by the methods set forth in proposed amendments 3.25.010 (d)(1)(i). However, at times other means of capture become necessary; namely, the use of a baited live capture cage trap and in extreme cases the use of a tranquilizer dart of drugged bait. In my five years experience as an Animal Control Officer, I have caught over 100 animals in a capture cage. I have never seen an animal injured upon being captured in this manner. Secondly, the cage acts in place of an Animal Control Officer on duty 24 hours a day. The capture cages are never put in places where they cannot be monitored by the citizen who requests one. The citizen is instructed as to how it works so that they may set it at will. They are also asked to call us or the police upon a capture and to close it down when away for an extended period of time. Not only is this method a neighborhood deterrent, but it relieves a situation in which, for example, livestock is being killed by strays. Rather than the complaintant taking the law into his own hands by shooting the strays, he can rely on our office to capture them at all hours of the night and possibly find out who the pet owner is when they come in to claim their animal. The use of drugs to capture an animal is a last resort method only used when the public safety is in jeopardy; for example, when a stray dog will not leave the airport runway and the officer cannot capture it by normal means. By use of a remote injection of drugs, the problem can be solved almost immediately. However, if a good shot cannot be obtained, we have the option of setting out drugged bait, taking longer but just as effective. In conclusion, this Animal Control Officer encourages the Council to pass the proposed amendments to the Animal Code. It is not my intention to regulate citizens out of not owning a pet, but to 4 w , r aaeume more ronponnibility for their Pare and notions. the animale are not the problom, it is the reoplo that nogloct them by allowing them to ronm freely. ©rdinancen created by public offieialo are only no effective an the Noroon who enforeon them. My office will enforce them with fairnoan, undorntanding, and equality. BG/jet r o, j t` j t �fU o _ Awq. f P, i CITY op KENAI N n i�B. artr► W1,41, AI.AgKA 9�tlit i Piiii4i iiiilil ilm /pro aAe<I, /ez 6JAW" ' MAY 29, 1904 TOt Keith Kornolie, Dirootor of Peehlie Worka ° F'ROMI Jon Taylor, floerotary at$ Prop000d Ordinonuo 933=04 I' _ 1110 ettuBfi@ ! pnblie noting regarding proponod Ardinene a 939-04 on r ') oleango® to th@ Animal Control Artlinaneo will bo publiehod in tho PgninAu lfl U lntr ;en on Oeino 49 1904. jot i i' i 1 r� A PUBLIC NOTICE City of Kenai `• " 210 iidalgo Strout Kenni, Alanka 99611 (907) 283-7935 The City of Kenai is making change in tho Animal Control Ordinance. All intoreetod citizone can obtain a copy of the now proposed Ordinance No, 935-04 at City Nall. Tho Ordinanco will come be Para Council an Juno 6 and 20, 1984. To bo publiahodi Peninaula Clarion - 3uno 4, 1984 n r, r � r' 0 Page 20 'MAY, :0. 1064 Psnl►ltulo ()larlou► 605 TougherKenn. i animal controls proposed Higher tines considered to curb dog problems BY JOHN 0U1N611r, Managing Udder If you habitually allow your dog to roam, 111101111411 film out of Jail for 125, take note; The city of Kenal is considering making the emperlonco a little more painful on the pocketbook, In the process, the city administration hopes to convince more people to be reopen. slble for thole pets, "We want to try to got people to take 111110 with their pots, I►oople have to assumo reap 10111lty, and one way to ellsuro that 1s by Wing tougher with fines," sold 11111 oodek, file eity's chief animal control of. floor. The proposed law — which Includes Mam datory court appearances for repeat at. tenders, higher tines, and a ban on trapping for fur -bearing animals within the city Illnit will be before the Kenal City Council for Introduction on June o, Godek will field t�uostlons from the council at that meeting, if Introduced, a public hearing would be held on June 20, Godek said Kenai has many dog owners Who Mrs repeat oftondors, Ile and his sods* Will Impounded about t,IM dogs last year, Ito hopes the new law might slow the growth of dog control problems and make Kenai safer for inn fund boost, "1'ooplo oily to nto that they hate to choln their (foil. 11181 you have to ask yourse►t whothor that's more cruel than to lot your dog ronin around, harm other wildlife, create problems, maybe got struck by.a car, or be shot, "A dog at largo Is an Infringement on other pooplo's rights," ho said, The current cost for retrieving an Im• Pounded dog is $25,'Tlw ton for a gilt is $5, No court ap►rearnnco Is required, 'Tho max. Radon title for a vicious dog or cruelty to animals Is little, Ilia proposed law would make Um follow. Ing ehnnges: • Mandatory court apponrancos for owners of vicious dugs which attack without Provocation, • Mandator, court appefifi ices on all crueltyto•miimal eltatlons, • Mandatory court appearoricea bn the so, cond luash•law citation within a 12•month period, • Increases maximum fine to 1200, • Increases impound too to 125 ($to for cats) for the first violation within a 12-month porlod, 91jo second violation within 12 months would he a citation costing 150 (W for cats), IU third violation in 12 months would be a citation costing $75, As the second citation, this would require a court appearance, The current line schedule Is inadequate, (lodek sold, Many peoplo don't mind balling their animals out of the shelter time after Limo, "llto present ardinoneos don't cover severe CAMS of animal control, The dogs continue to roarn frog, I'll elte there six or seven times, but they don't have to appear In court," Oodek said, The proposed law also dofloos many of the prnctlees used byy city employees In captor• inn animals, Two o methods won't change with the now law, but techniques such as live traps, coaxing calls and dart guns are daflnod, Other chongui include a now requirement for restraining dogs, An animal Is now can. sidored restrained when it Is on its owner's property, whether or not the owner Is near. by, "The dog may be sitting on the porch when the owner goes to work, but sooner or lator tho dog Is going to leave," Godok Bald, 'Tho proposed law requires that a don either be physically restrained, or, If unleashed while at home, at least be under the Volvo control of the W.vnor, "We're not going to go out and pull somebody's dog oft the parch if we don't sea the master arnlrnd,"Godak said, Tho now law makes It ensler for a dog to he Impounded when an officer has not seen it violation, "WO got calls about dogs tearing UP other people's properly, but by the time WO got there, the dog's back an tilt proper• tyr" he said, Another change would be a ban on trapp. Ing for fur -hearing animals within the city, "'There aren't many fur bearers Intl in the city, and trapping Is allowed on the tKenal National) wildlife refuge jot outside the ei• ty," Godek said, The ban Is considered a safety measure for dogs and people, Godek said, Over the winter, one dog was snared in a coyote trap, he said, "That was an agonizing death, it was a grisly sight, It's not the dog's fault that ho's at largo. Ile shouldn't have to have been put through that," Godek said the, chanco for aceldej-44 with skiers, hikers and children playing In the woody incroasex If traps for rabbits, eoyetes, wolves and other animals are allowed, The new law also tightens rules regarding harrossment of other animals, such as horses, moose, caribou and the goose on the Kenai lover flats, Copies of the sections of the animal con- trol ordinance being amended are available from Mary Ann Dore at Kenal City Hall, ...Born ! tervice ai'C�a considered Olympic medal oonitiuuedfrom page I Milos away from tlloStation, CanncryRoad Now, fie said, file homeowners are consider. winner at chamber sky 1lesch flood near the Kenal silver Cross, Ing and on the Sterling Iflghway near Is about 0 miles away and Kaiifontsky Roach Estates about 12,5miles away, Ing fire protection, Frank Kraxburger, a Kallformlly !leach Jahn Peterson, a 1470 Olympic gold medal winner In wrestling, will be the. featured Tuslumona 6chool would hot pp firemen res. pond quickly to fires In oullying sections of Phillips sold top speed for pre trucks Is about 55 miles per hour. Using that figure, resident, opposed the petition drive at an earlier Assembly mooting, Ile said there speaker at the Kenai chamber of Cum, the service area, Olson has sold that the move would tower Knllfansky Beach 14states would be approx• lrnateiy 14 minutes away tram the Kot(loina could be considerable o)rir *11inn to the move when homeowners considered the meree meeting today, The chamber rneols at noun at the Kenai Merit Inn. A buffet lunch is available for $a. fire Insurance premiums far Kalifornoky 90201) bomewvnors, The area Is currently Virg Department, Cnnrery head would be about nine minutes away, t0rnalhtsits oppusefftothoinereasedtaxes, The pffillon propmes a two•mfll rate, Potemon also won a sliver modal in the 1072glympies, rrtwt is s ia, e1 Ye ►/nt110{e*f toy n►fr In, •urinvr (Mrvhvra ►�tflrt+, •n Iswiatry• Atm►g file Sterllntf nKtrway, tl York a p"s4rngwreartrwvrltinKnlryr,trANtw,+rfeaf wblf1n Would mean a S2w tax on a s10e,orlf! hmn"' llo'o In town for a wrrrfhng elinle Ibis ,;i#UPPW rd Af1As NfVk f. "AS Mao, � AS 111Phfaboutfetmlif,�rntstttwt;to+leach � week,/"rhlJ;hrchrNrlrtudr�nr•. �; tl0ltel0wM *y 01e kt`bsW Jffas IN Ara ;, � tePost 3Q A tbo f4!�+1'si sattttern boo Norm awnsy, an Insurance marketina Thesedistardtosare not tln►NR hl0114tnnnwe urn �/. � , . � • r. . resen, . A n; emA 1 arh;M,MC, 3.05(Index)-3.05.010 Title 3 ANIMAL CONTROL f) f Chapteras 3.05 General Provisions Standf2rda for the Keeping of Animals Licensed Facilities 3.z0 License$ 3.25 Impo-undment 3.3p Rabies Control i I I Chanter 3.05 I ' GENERAL PROVISIONS � J 1 r I / Bectionss 3.05.010 Definitions. lr� 3.05.020 Animal control office. 3.05.030 Animal control officers. 3.05.040 Powers and duties of animal control officers. 3.05.050 Records. 3.05.060 Penalties and remedies. 3.05.070 Citation procedure. 1 3.05.080 Regulations. 3.05.090 Inspections. 3.05.100 Fees. 3.05.010 Definitionn: As used in Title 3: I (1) "Animal" means all domestic or domezticated members of the Kingdom Animalia. (2) "At large" means not under restraint. (3) "Cat" moans a domestic or domesticated member of the family Celicloo. (4) "Current rabies; vaccination" meant a vaccination: (a) as rpecified in the "compendium of animal rabies vaccines" prepared by the rabies Subcommittee of the Uational Academy of Scicnces and by the National Asaociaticn � of State Public Health Veterinarians, Inc. (1978); (b) administered in accordance with state law; and (c) evidenced by a rabies vaccination certificate in a form 3-1 (City of ::enai � Ss:pp. -8 - 4/6/ 81) i' I n' i 3.05.010-3.03.040 approved by the State Division of Public health. (5) "Dog" means a domestic or domesticated member of the family Canidae. (6) "Dog fancier's facility" means a premises where a person owns 5 or more dogs over the age of 4 months, and which is neither a kennel nor a dog musher's facility. (7) "Dog musher's facility" means a premises where a person owns 5 or more dogs over the age of 4 months principally for the purpose of dog mushing, and which is not a kennel. (8) "Kennel" means a premises where a person owns; 4 or more dogs over the age of 4 months in the operation of a business subject to taxation under A.S. 43.70, which business includes the buying, selling, training, boarding, or breeding of dogs. (9) "Officer" means a person charged by law with the duty to enforce provisions of this title. (10) "To own" an animal includes having title, keeping, haboring, and having custody or c3unUol of an animal. (11) "Person" includes individual, joint venture, partnership, corporation, or unincorporated assoct.ation. (12) "Restrain" means: (a) physical confinement, as by leash, chain, fence, or building; or (b) under competent voice control when an .animal is engaged in an activity or form of training requiring that it not be physically confined; or (c) when an animal is on the property of its owner. (13) "Sterile" means rendered incapable of reproduction by surgical operation. (14) "Vicious animal" means an animal which has bitten or attacked a human being without provocation. 3.05.020 Animal Control office: (a) There shall be an Animal Control Office which, except as this title provides otherwise, shall be the entity responsible for the administration of this title. (b) There shall be in the Animal Control Office an Animal Control Shelter for the keeping of animals which the Animal Control Office impounds: or otherwise assumes custody of under this title. 3.05.030 Animal control officers: (a) There shall be a chief animal control officer who shall be appointed by the Public Works Director. (b) The Public works Director may appoint one or more deputy animal control officers. 3.05,040 Power^ ra1.LSL12L:ties a&ajMjl Control officers: (a) The chief animal control officer shall administer the Animal Control Office. (C.•;• of .".er.ai 3-2 8upp. A8 - 16;,E1) S DI 3.05.040-3.05.060 (b) The chief animal control officer and any deputy animal control officer have the power and duty to: (1) Enforce the provisions of this title in the field and in the case of deputy officers under the supervision of the chief animal control officer; (2) File complaints and serve summonses and complaints for violations of this title. 3.05.050 $fS,ordss (a) The chief animal control officer shall maintain complete and detailed records ofs (1) The issuance and revocation of licenses under this title; (2) all animals brought into the custody of the Animal Control Office by impoundment or otherwise; (3) the disposition of all animals in the custody of the Animal Control Office; M reports required by KMC 3.30.010 and the Animal Control Office's investigations thereof; (5) investigations of violations of this title; and (6) monies received for fees and charges imposed by this title. ' (b) The Animal Control Office shall not disclose the identity of a person who adopts an animal from the Animal Control Shelter unless the chief animal control officer determines that the public health, safety, or welfare requires the disclosure. 3.05.060 P,gnIties; and RomediPss (a) Except as this section provides otherwise, a person who violates a provision of this title, term, condition, or provision of a license 3-2.1 t (Cit! of Kenai Eurp. is - 4/6/81) iasuad hovounder, or a City regulation promulgated under thin title shall, upon conviction, be subject to a fine of not more than $100. In addition to, or as an alternative to the criminal penalty aforemenLionod, any person violating any provisions of this title shall be subject to a civil penalty of not more than $100. Each and every day that such violation continues shall be doomed a separate and distinct violation. in addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. The City shall nook an award of reasonable attorney's - fees and costs from the court in prosecuting such an action. 3.05.070 Citation Procedure: 1. An officer may serve a summons and complaint n zaorm of a citation upon a person for violating a provision of this chapter, or a term, condition or limitation of a license issued hereunder, or a City regulation promulgated under this title. 2. A sumsyona and complaint issued under this section _ shall contain a notice directing the person to whom it is issued to appear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. • 3. An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by official action. A. A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall be doomed a lawful complaint for the purpose of prosecuting a violation 11 of this title. 3.05.030 Requlation.: The chief animal control officer may pronsulgnte rerulat ons, necassary and convenient to the, ad::►inistration of this title, including but not limited to: 1. Providing the form of applications, licenses and i other docu.mento used in the administration of this title. 2. Providing the form, rocordinq and control of citations to be used under Section 3.05.070, and Llie forr,t and control 7 of citation book-3. 3. Declaring exceptions to Section 3.10.050 to .nllow animals in ts13 street for tile purposi of participating in races, shores or other temporary s=;(,,rtinq or festiva e�•ents, and to a:.clue:: non �articit)ating animals from the vicinity Of '- su*ch evonta. 4. f:_es ar.J charg,s a , authorized by this titre. ; rocs3uraa i,�r offari :, ani.Ma13 fir !f. ♦:' �t'•; "3ti^ • he ••r • 'iR3 :1 i �� t.:l i till@• 3.3 i r 3.05.090 Ins*)octinns: 1. During normal business hours, an officer may, upon presentation of proper identi- fication, inspact promises whore animals, are kapt to deter- mino whother the animals are being kept in compliance with this title. 2. Where the Constitution of the United States or of the State of Alaska so requires, the officer shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the premises before conducting the inspection. The officer may apply to the trial courts of the State of Alaska to obtain an inspection warrant, stating in the application the name and address of the promises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, and the facts and circumstances justifying the inspection. Warrants issued under this section shall be returned within 10 days. 3. Where the chief animal control officer rinds the action is necessary to prevent an imminent and substantial danger to the public health, safety or welfare, he may authorize an inspection permitted by subsection 1 of this section to be made without a warrant upon obtaining the prior appr�,val of the City Attorney and City Manager and in either one of their absences, the Mayor. A. The chief animal control officer may conduct an animal census of the municipality at such intervals as he deems appropriate. The chief animal control officer may authorize those who take the census to accept applications for, and to issue, licensas under Chapters 15 and 20 in the � field. 3.05.100 Fees: 1. The fee for a kennel, dog fancier's facility or dog musher's facility shall be $5 per dog in the facility, up to a maximum of $25. 2. The fee for a dog license shall be $3 for a sterilized dog and $5 for all other dogs. The fee for replacing a lost dog license tag with a duplicate shall be $.25. 3. The fee for redeeming an impoundod animal shall be the sum of the impoundment and boarding fees s{pacified in this subsection, provided that if, within 30 days, of paying the impoundment and boardinq fees, the owner of an impounded animal presents proof that tho animal has been sterilized, the Aninial Control Office shall refund to the owner the impouni:nont fee for the animal. Via refund for sterilization shall be alloyed only once for any animal. (a) impoundment fee: does :25; cat $5. (b) boardinq fee: doer y cat $3/say; other animal :.eighing leas thin 1; =sounds SS/c:sty; other ani::ial w<siahin!S -more than 13 pounds $3/das . Tito 1"I'ardin! f,.e also shall includL nth-2r casts actuall;, an . -I roa sonably incurr._c: i:• the Anir;al Control O::ics i:, zai::_ainist; the animal, includinc} but not limitod to me-: ieal c..ra. (c) An% imnous dod an.,mal whist. V reason o: its siza, strength, danq:roua prc;:easities or other charac- i teriatics cannot reasonably be kept in the Animal Control (� Shelter may be reclaimed upon pay^:ent of an impoundment fee of $':5 plus the actual costs reasonabl; incurred by the Animal Control Offic% in impounding, transporting and keeping the animal. 4. The fee for adopting an animal shall consist of a charge of $10 to defray the cost of vaccinating the animal and to help defray the cost of impounding and caring for the animal. 3.10.010 A:NI,L\L CREATI::G A DISTURBANCE: No person may permit an animahich he owns to annoy another person by interfering with the latter's sleep, work or reasonable right to peace or privacy by making repeated or continued noise. 3.10.020 Control and Confinement of Animals: 1. A person who owns a dog shall keep the dog under restraint at all tires. 2. A parson who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. 3. A person who owns a vicious animal shall at all ti-nes either confine the animal in a building or a secure enclosure, oz otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. 4. A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes, provided that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. S. Fo person other than an officer performing his duties under this title may release an animal from restraint without it3 owner's consent, except to preserve the animal's life. 3.10.030 Maintenance and Sa_nitstion: A person who owns an animal zhall - aint 1.r. all structl:ras, palls any: Wards .:here lie keeps th,3 ani:::al, and all amens add ac3llt thcretO, in a clean and sanitar,, condition and. free from objectionable od*r. 3. 10.4;0 pi��, -„�: �n i�:als: ::o e:•so:l r:;,�• sell an an:. -.:al f lca f:vrs, : .:cr.:':s to be dizalzed, injured or disclosir.l to Lila bu- ar tha na:,.:re o:• t::. discasa, or defect. 3.'-0.150 s.ni^,' a �' ,.0 r�=t: ; .•... sOn MX.' tad, 3•_ l/ J way:, ells;' or ,public plat" or in such a manner that the animal ma-... 3ntcr a street, alloyor public Mace, except as r pamittedi under Section 3.03.086. 3.10.060 Cru'alt, to Animals: 1. No person may: (a) intentionally kill an animal; (b) intention«lly injure, torment, poison, provoke or otherwise abuse an animal; (c) maintain an animal without providing foot.:, water and shelter adequate to preserve the animal's health, or abandon an ani:..al where it will not be provided p."oper food, water, shelter and care; (d) maintain an animal showing symptoms of an infectious or contagious disease without keeping the animal confined in a building or secure enclosure and under proper care. 2. Subsection 1 of this section does not apply to: (a) imr-ounding, destruction or other disposition of an animal in a humane :,tanner as authorized by law; (b) killing or injuring an animal cohere necessary to protect a human being or domes- ticated animal from death or bodily injury; (c) the humane destruction of an animal by its owner or the owner's authorized agent. 3. ?animal fighting. (a) no person may cause an animal to fight another animal or human being, whether for amusement of himself or others or for financial gain; or (b) train, or keep for the purpose of training, an animal for exhibition in combat with an animal or human being. (c) no person may permit his promises to be used for the purposes described in paracraph 3a of this subsection, or be present as a spectator at an exhibition described in paragraph 3a of this subsection. 4. Accident involving injury to animal. (a) The driver of a vehicle involved in an accident resulting in injury to an animal shall stop the vehicle an close to the scene of the accident as possible and forthwith inform the owner of the animal of the injury if the animal's ownership i3 readily ascertainable, or inform the Animal Control office of the injury if the animal's ownership is not readily ascertainable. (b) A driver shall inform the appropriate person under paragrapi: 4a of this subsection of the time and location of the accicent, a description of the injured animal and the apparent nature of the injury. 3.13.E?10 LZ•�::'; �_: t? nr�I�::;O: :� varaon may o;:erata a kenncl, d,: q feaulei:1.3 Pacillt, or do(i .1a in , a liuon.;o i;,.;uo:%t :iur3u—tat to th--s C.. �,'• 3.110.32) Licon34_ :or z 1ic2::3.3 un-uz ...:13 tc, the: chic shill i:.^.1:1.:J; (�) th1 nap: an: of t..•= ��L'LbA ti M eascriptIon of the proposod facility sufficient for the chief anir.,.al control officer to determine whether the facil- - it; should be licensed as a kennel, dog fancier's facility or doc, musher's facility. An application for a kennel license shall include a'co-py of'a current Alaska business licensa for the operation of the kennel and a Borough sales tax application or registration number. (d) the address of the premises where the applicant proposes to orerate under the license, and the name and address of the owner of the premises; (e) a diagram of the preniises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of the premises on which dogs will be kept, and shot.; the location and use of structures on adjacent lots. The diagram need not be based upon a formal survey of the premises. (f) the license fee required by Section 3.05.100; (g) proof of a current rabies vaccination for each dog kept in the facility that .is over the age of 3 months. 2. The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. 3. The Animal Control office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the facility, and determines that the applicant will operate the facility in accordance with standards set forth in Section 3.15.050. 4. The Animal Control Office shall prepare a written report of the inspection's findings, including any reason why the proposed facility does not meet the standards set forth in Section 3.15.050 and any steps which the applicant may take to make the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. 5. A license issued under this chapter shall expire on December 31st of the year in which it is issued. G. An application to renew a license issued under this chaptor shall be made at taist 30 days after tho license expires, and shall bc made in the same manner as an appli- cation for a new license, providad that the applicant may roly upon materials submitted with his original applicatien to the extent they accurately portra*, the ct;rrant condition of t'.,-- facilit"'. 7. The applicant siwnll be informod in writing that the application or recai!,:t of the licenza :,,rovi:..-,d :or in this I n. dcas not relleva al--:31icant of m.ectiliq all zO —inanca or any o,-.*-..-,r ap—licabla Cit*.*, Bo-.Zu--,.-. or laws or r,-,-,-Ulations. I. Vie sitall a, ' :ro--%3 in w,� ritin,7 that th konr.-21, fanaiar'�; c-- A:.�Dz -. u z, i o r facile.. ma .2 P- c tz b'-' t*.-.:- chiof animal czin-.rol off. -cot or his d-Si at an.. /` 3.15.030 License Re:•oc:tip^: 1. If an inspection of a facilit: licensed under tais chanter reveals: (a) the facilit: constitutes a healt:: hazard; M the facility violates a Cit:• or Doroueh ordinance or regulation. (c) the facility violates a provision of this title, a term, condition or limitation of a license issued under this chanter or a city regulation promulgated under this title. The inspecting azenc;' may so notify the operator of the facility, stating in :•:riti:tg the steps the operator may take to remedy the violation. 2. The inspecting agency shall allow a facility operator who has been notified of a violation under subsection 1 of this section a reasonable time not exceeding 15 days to remadv the violation. At the end of that period the inspecting agency shall reinspect the facility to determine whether the violation has been cured. 3. If after reinsnection the inspecting agency determines the violation has not been curet, or that new violations have occurred, the chief animal control officer may cor...ence a oroceeding to revoke the license for the facility under Sect`` -on 3.15.040. 3.15.040 Hearings —Appeals. A person aggrieved b, the granting, limiting, conditioning or denying of a license _ under this chapter may, within 15 days of the action complained of, azply for a nearing before the chief animal control " officer or his designee.Upon timely application under this J subsection, the chief animal control officer or his designee shall hold a hearing to determi na whether the license should 7� be granted, conditioned, limited or denied. The person aggrieved may appeal the decision of the chief animal control , officer to tha City Council within 30 day, :-:hose decision sizall be final. !I Be -Ora revoking a licen3a under this chapter tit: chief } animal control officer or his ucai.:na•a shall hold a hearing to dozarmina ahether the licenso. should be revoked. The 5 Tarty ar.griavr-a may appeal to ti:a Cit;• Council within 30 days of•t a decision whose decision shall be final. i 3.15.050 Standard. For 0!�aratin<g Facility: In operating ` a renn.21, dog fancier's facilit,• or dot; muzh-.2r's facilit.. ' t e o*rat%r shall: : 1. Cr.=)1% with tho •:royi3icas of t:•_a title, t1le t rr•-r;iti.ns ar li:::• t1 'ions of an •� ,� t lit: ::,L ia: L:•-<: '.:•::rein •a: and a:.; city r,:g--lacion.3 titl=. 3. F::.:•i'•a sheltsr ada 'ua:a to ; ruscrvo the henit:: 0fr a ani: air, r:C::t in the facilit;' 3. .'aintain the fa=_lit in a sa::ita: con. «:an. -4r t:.•a •i.. 1 ;C Cara and of a:.i.^al`i ken't in. `� t.:e fac.—iity :7 ]3 to ..__• All ni:-als :.^. _..a 'r•=:•1:3e3. l w 3.15.050-3.20.030 (6) Keep on that number of animals in the facility which is safe and healthy for the facility's sake. (7) Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity. Chapter 3.20 LICENSFS Sections: 3.20.010 Requirement for licenses. 3.20.020 Licensing procedure. 3.20.030 Dog license tags and receipts. 3.20.040 Issuance of licenses. 3.20.050 Exemptions. 3.20.010 P, auiremp0.t for Licenses: A person who owns a dog over the age of 6 months, other than in the operation of a kennel, dog fancier's facility, or dog musher's facility, shall obtain a dog license for that dog pursuant to this chapter. 3.20.020 Licensing Procedure: (a) Application for a dog license shall be to the: chief animal control officer. The application shall include: (1) the name and address, of the owner of the dog; (2) the name, breed, color, age, and sex of the dog; (3) proof that the dog has a current rabies vaccination; (4) the license fee required by K11C 3.05.100; (5) written proof that the dog is sterile, if the owner seeks to qualify for the reduced license fee under NMC 3.05.100(b). (b) A dog license zhall expire on December 31zt each year. (c) An application to renew a licence issued under this Chap3tr.•r :%hall he made at least 30 days before the l icen: e e xpi rr.•s , and nh al l be mace in the same manner as an aPPliCation Co: a new license. 3 .20.030 p,2_q ,jc^C m,i... ter. nF rs ^t ; • (a) For each : d0a. licor.Ced .:nder thin c ac:ter, th^ Ani::al Control Office of ..era SU p. e8 - 4/6/ED /, N r I . L 3.20.030-3.25 (Index) shall izoue the owner a numbered receipt and a tag stamped with an identification number. (b) To be licensed under this chapter, a dog must boar a license tag securely fastened to its choke chain, collar, or harness, provided that the doq need not bear the tag while confined, in harness;, in competition, in training, or while hunting. (c) No person may use a dog licence tag or receipt for a dog other than the one for which it was issued. 3.20.040 Issuance c-p-asess The chief animal control officer may permit the submission of applications; for licenses, and the issuance of licenses, under this chapter by mail. 3.20.050 ftemntions;s XMC 3.20.010 does not applys (1) to a person who does not maintain a permanent residence in the City of Kenai when that person owns a dog for no more than 30 days. (2) to a person who presently ;au ces3i6od in the City for no more than 30 consecutive days. (3) to a person who does not maintain a permanent residence in the City when that person owns dogs; for dog mushing purposes for more than 30 days;, but no more than 90 days during the dog munhing season, provided ho obtains a temporary dog musher's license. The Animal Control Office shall issue a temporary dog musher's license for no charge upon proof that all dogs; for which the license is to be issued have a current rabies vaccination. (4) to a blind person, for the ownership of a seeing eye dog, or to a deaf person, for the ownership of a hearing dog. ir�1�L3 t �+ t• 3 . ? �L �ttrn r;�nstrUTT agct r 3.25.010 Tmpounding procedurr.. 3.25.020 Procedure of tc:r impound gent, 3.25.030 Vinintim tcsr"i of is,pounc4ment, 3.25.0 ;0 Redemption of. J,-,pounded .Ini::o1. 3.25.050 Availability for adoption. 3.25.060 Adoption procedure. _0 . 1 1 i rl - 3.25.0,10-3.25.070 Led emlit Loll s (1) .an arliss►nl that, ill the jnclrtmont of a lic(M;tcl votorinarian, nught, to be drsot•roycid for, humane roarsonn, (2) all animal dott,rmined by it court of competent jurindiction to he vicioust. (Ord 636) 3,25.050 Aunt- .� :1= Q .Ac1�➢G�!>tls (a) At the rind of tho mininum term of impoundment for rtn animal, or, aftor such furthor period of impoundment can tho shiest animal control officer may allow, the chief animal control officer chsll determine wht2ther this anirsal shall be made available for adoption. (b) None of the following animalo may be made available for adoptions -= (1) an animal that rshowo nymptomn of a major infectiouo or contagiouo d ioanco, ass determined by the chief animal control offi.corf (2) an animal that in the judgment of a lieennr;d vetoripari«:. ought to is Jfjottoyud for humane reanonnl (3) an animal detormined ley a court of competent jurisdiction to be viciounf (4) an animal that is the oubject of a hearing or appeal under KNC 3,25.080. (c) The chief animal control officer shall determine the term during which an animal ohall be hold available for adoption, and the procedure for oolocting the person entitled to adopt a particular animal, 3.25.000 g t,�,Q_,g4AMas (a) A person adopting an impounded animal ohall pay an adoption fed to help defray the cost of impounding and caring for the animal in accordance with KMC 3,05,100. (b) A person adopting an animal shall comply with the licensing rcquiremento of KPIC .3,15 or 20 an they apply to that ani:sstl. (c) The chlof animal control officer tnt,y require by rorlulation that no istilmundod cat or dog may bcs Adopted unl000 Who animal hao been -payed or noutored. If spaying or nouterinq its required under thins uubonction ttstel in nocrizoary at tho time of; tba dotJ'n or says adoption, the " i1 apayinq or noutorinq of tho animal shall t)e clones at the proof:fictiv+3 o�.�nc:z'ss +;zf;(,tn' " 3 , 2 �i . $7 (i t%3.:�1�0.it i„i���>s�-m� �_,�1t'.�.1�►�.�s3.�1i2i:.�ili��',�.&ts�.Jwk�..'.I (a) An J,ml.ount;od anirsal that in the oubjcct of a 1;,)arin4; of apf;cal ptsr^,tsunt; to f:t;c; 3.25.030 or criminal t,rs[oro a court of t;c►tapacont juriodic:ticn nitall Froc,_dIs:sfss © IMId in the Control. .31sultc•r pertctinq a final 1 doci: ion anti ally al:l;r-alfs from that decision. of J W J 3.25 (Ind0z)-1.25.040 3.25.070 Noronition of animar ln not made available for adoption. 3.25.0S0 floaringn—appealn. 3,25.090 Protective custody. 3,25.100 Interference with officer or employee, 3.25,010 (n) 'rhe followinq animaln ohall be isubject to impoundments (1) an animal found at largol and (2) a (log not bearing a liconre tog an roquirod by K11C 3.20,030. (b) Whon an officer, finein an animal nub ject to impoundment and the officer known the identity of the animalln owner, the officer may cite the owner rather than Impound the animal. (c) An officer may purouo an animal onto private property in the courne of effecting an impoundment under this section. 3.25.020 (n) An officer Chu' I I take an anipial that he) hurl impounded to the Animal Control Shelter whero tho animal shall be confined in a humano mannor for a period not loon than proscribed in KMC 3,25.030. (b) Immediately upon receiving an Impounded animal, the Animal Control fiboltor, chall make a reasonable effort to notify the animal's owner of the impoundment and the conditions under, which the owner may recover the animal. (a) The Animal Control Office may file a complaint against tho own(jr, of an animal impounded for creating a disturbance or being at largo, 3-25-0,30 unless it in aubjoct to rodompfJon [Ind iz 000sior rc,,deemed by its owner purouant to 11.1w, 3.25,040, a dog bearing it liconneta? 4D required 1)7 1'.11C 3.20,030 WIWI LIO impoundod for not coo than 120 hours;, and any other animal alsall he imj)oundod for not lozz than 72 hour::, providr.-d that an Impounded feral animal ondant-jorinq Animal Control ohaltcr peroon"ril m.1y be dristro7r"I'l forthwith. to zub"'acticsl 0)) of thin Ovcticn, tho owoor may ro-doem an impoundrid colnal uj,on proving hf- compliance as to that anir-al with t;hri ;ipplicablo Ifernninq requiremonta of 3,15 or 20, anti 15nyinq thor applicable in.poundment foes cot fort,',,, in K,".0 3.05.100. r,',i i ntj at; L,,!a 1;; ;, ha 11 ,; o t bet zub j ruct to (cit./ of r.re'rai EUPP. #8 - 416181) i za .1 f .. 1 1 3.25.070-3.25.090 (b) An animal other than one de::cribed in subsection 1 of thin section that in not :subject to redemption, and for any of the reassona stated in KPIC 3.25.050(b) (1-3) is not being held for adoption, may be disro ed of in a humane manner. 3.25.080(a) A person who owns; an impounded animal, who in not the subject of criminal proceedings related to the impoundment of: that animal, and who cannot redeem the animal because: (1) the animal is not subject to redemption under Kf•1C 3.25.0.10 (b) (2) ; or (2) the chief animal control officer has disposed of the animal under KMC 3.25.050 or K11C 3.25.070 may, within 30 days after the impoundment of the animal, apply for a rearing before the chief animal control officer or his designee. Upon timely application under this ssuboection, the chief animal control officer or his designee shall hold a hearing. The decisions of the chief animal control officer may be appealed to the City Council within 30 days. The decision of the City Council shall be final. (b) The purpose of the hearing :shall be to determine whether: (1) the animal was lawfully impounded; and (2) the animal was lawfully withheld from redemption or dinpozed of. (c) If, on the basis of the hearing, the chief animal control officer or hin designee finch the impoundment, withholding from redemption or diapocition of the animal was not in accordance with law, the chief animal control officer shall.- (1) if the animal is in the custody of the Animal Control Shelter, order that the anisiial be returned to its owner; (2) if the animal liar, been diar.ozed of, recommend to the. Public Works Director, and City Manager that the City Council authorize an asiard to the owner of compnsss;ation in the amount of the fair market value of the anirsal at the tisre of impoundment. (d) A Ver-on aggrieved by the Jeeizion of the chief animal control officer or hin, henignee or an award authorized by the City Council may within 30 days of that dOcis;ion a(s 031 thc: deci :ion to the City Council who:.e dec.'--ion ut;al l I;c final. 3.2:.090 rs*.� ;L^, �3u,.9 �: (a) vlhen an officer finds; it iz nr-ccZzary that an x.-ir►al not subject to i:l:ot;s:c:;.cnt Le taxer i.—:0 cu^tr..ci1 of th.c Ani:7al Control 3-12.1 (Cit1 of 's:erai /I 3.25.090-3.?.5.100 Shelter to preserve the animal's health or safety, the officer may take the animal into protective custody. (b) The Animal Control :shelter shall maintain an animal in protective custody until the animal is redeemed by its owner, or for a minimum of 10 days, after which time the animal may be disposed of as an impounded animal. ° (c) The owner of an animal in protective custody may redeem the animal upon demand, without paying an impoundment fee, upon payment of a boarding fee as provided in KMC 3.05.100(c) (2) or (c) (3). o � , (d) A person who owns an animal taKen into protective custody and disposed of as an impounded animal may obtain a review of that disposition as provided in KMC 3.25.080. 3.25.100 Interferenge I�1t�1 th nfficor or Emnlovegs (a) No person may interfere with, hinder, or molest an officer or Animal Control Shelter employee in performing a duty under this title. (b) No person may release or attempt to release an ani-nal from the custody of an officer or the Animal Control Shelter. (Cit.: of I:cnai Sus p. x8 - ,/6181) 3-12..2 10i a] ' ' 1 i 1 !iM M 0 3.30.111 Cn':T1'.()i,; Ronorttn:: 1'' uir.ncl: 1. Th.a o3: an ani;::sl t'lil%c l kla:i l::.Clo11 a ji'YE,c)n ciliall. notify tha A:ii::1.s1 C.:lirol 0�fic,� prcriptly Or the- ineidant:, 3, A ::--tr3an who has been bitten *,/ an .animalahall. notify the J-.: {t"al Control Office promptly of: tho incident. 3. A c yzician or other practitioner of nsc,dicina who treat; a person for an ani::lal bits ahall ro;sort to tho An-1-ii Cont_al office promptly the name and addrozo of the per3cn treatad and such othor information as msay aid the Animal Control Offica in the control of rnbio3. 4. A licensed veterinarian shall rorort to the Animal Control office evory animal which he a am1nos; and ouapncta to be infected with rabico . 3.30.01-3 Dit:poslition of Anitnals: I. If an officer fir.cia a.. ani:-a1 sub)ect to:aczoun,ent under Chanter 25 and that animal has been reporter: to the Ani lai Control Off ice under Sectio^ 3.30.010, or other',;ice is suspected of being infected wit:l rabies, the officer ohali impound the animal. If the animal is not redeemed within the minimum term of im;oundment provided by Section 3.25.030, the chief animal ccntrol o'__cer may direct that the animal be disposed of under subsection 3 of this section. Other -dice the animal shall be quarantined as provided in Section 3.30.030. 2. An animal other than an animal imssoundod under subsection 1 of this; section that has bitten a person shall ba quarantined a3 provided in Section 3.30.030. 3. 1.1hen an animal has; been diagnozed as rabid, or a licensed veterinarian 3uapccts the animal its rabid, the Anirial Control Of.ica shall zo notify the Department of Health and alfaro. 4. An invaccinater-1 ani.iial that has been bitten by an Animal diagn;sed a3 rabid shall be ue3trn ed i!m=diately. I: a bitten animal, hasz a current rabie3 vaccination, the animal a:lzl_ :.,e revaccinatc•ct is:'sscti.atciy and quar:sntin04. AB ysl provided in Section 3.30.030(2) and 3 for 30 da. 5. 3r::c pt as ttli3 chaptor providedz oth.srsriza, no por3on may kill a rabid ani.:::+1 or an animal subj,;ct to cuarantin% undar this; chapter, a eupt to defend a lla:llan frc:a dseath or bodil;, injury. �. T:13 carcanz o°. in animal zu-,puctt2d Of* beinu infected with raaien Shall upon dorla-d be to the State c- tt'?alt:sl and r 3. 1,10, 12 t, t :+{ 11. iti:l :tT 1, Jilt.'''.Ct t'ii atl -an..111 t,rt:r•'•:;:i:t" �..J :;;:ill ri: a .. �....'�.: .......,:11 C::n::::c.l 1:..:.�?: ::il.:ll t.�:.•�.'::1:1'« �:i+l •ri:1r :ilv:i �: •t.1:3, :'.:....,,tln� u: t •: ani..s1, 1.taC :h:.. �:::i...:i �;1 1;13it Slat If z nor t!i ir. 14 3. ti�..'Ltl:..^..x, t�: :1L.,:1'1i:iC ('•}u.•». :6:: .J •3t:.Jr;•TC:i.. :3 o: 3 ,tee. contact with persona or other animala. The animal may be taken outdoors for brief periods to relieve itself, provided it is ke;'t on a secure loash under the control of an adult. The animal ma.. be kapt under ec;ually secure conditions at a veterinary hospital or boarding kennel of the owner's choice. The owner shall inform the Animal Control Shelter where he is keeping the animal. Upon learning that a dog has bitten a human being, the animal control officer shall immediately notify the Department of Health and welfare and inform $aid state agency of the place where said dog is impounded. The City may contract with persons knowledgeable with care and ha:141ing of well and sick dogs for inspection of the said dog for the 14 days of confinement to determine whether such dog is infoctod .iith rabies. For this purpose, persons so designated by the City and the animal control officer shall have access to the premises where the dog is kept at all reasonable hours, and may take possession of the dog and confine it in the designated dog pound of the City or other suitable place at the expense of the owner. The owner or person .in possession of harboring such dog under observation shall immediately notify the Department of Health and Welfare of the State of Alaska of any evidence of sickness or disease in the dog during its period of confinement and shall promptly dolivcr its carcass to the appropriate agency in the event of the animal's death during the said period. (b) No person may release an animal from quarantine without the written consent of the chief animal control officer. The Chief Animal Control Officer may require that an animal be inspected bofore releasing it from quarantine. (c) No person may remove a quarantined animal from the city without notifying the chief animal control officer in writing at least 48 hours befora the intended removal and obtaining, the written consent of the chief animal control officer to the removal. (u) The chief animal control officer may direct that a quarantined animal be confined at the Animal Control Shelter. 3. The owner of a quarantined animal shall bear the expense of keeping the animal while it is quarantined, wharav_r it is ke-pt and whether the location of its quarantine is selected by its owner or directed by the chief animal control officer. When a quarantined animal is kept at the Animal Control Shelter, the owner shall be charged for its upkeep in accordance with Section 3.05.100(3)b or 3c. 3.30.O10 n_usratitine: 1. t:aon this City %arager sindj that an ani.:.1i In city has bQen poaiL•ivaly diaanoa•.d az i:lfacted -wits rabiez, the mayor may daclare an araa. L.3 rabicz quarantine for a p-2rio.i o£ 30 dlyz. 2. Daring -in arc;awit:a quarantin•. ever.' .'inimal shall be confined in accordanc.'. .tiit:l Sec!. -ion 3.30.031. :So anf:mal au,.jdc&. to areavide auara nti.na r.:a•.• be r_m.. .,ed frc m the city twit . -jut t s written j,er:ti.t:.fo^ o°• --e -a or or hia dczi4nco. 3. I: ad»itior.al roziti•:al;: dia;nozad cacao of ra!3i.as oc.:ir duriij the ar;::t.:1dc :suar::.tir.•_ t.,1r:o;.', t.a :•t:tycr May L•rzar.f ;t; 3ur :rice •a :t:aa:.:wti ;::traztf for , tc an 4. NO i:ar:sott sit -Ill viol.a::e: the: 14ayor' ,z proclamation and. any doct running at la► eie during the time fixed by the proel:t^t.ttion silal.l be killed by the Police or animal control o.fiee:z without notico to the owner. 3.30,050 Rnbies Irxiuntnation No person mat own a do 7 or cat over 3 itiont!i , of agO t!iat do _s not have a current rablas vaccination. 3.30.O60 Itr.nuni:tation recordn: 1. Upon immunizing an animal for rabies, a icens:ed veterinarian shall record on a rabies vaccinr.tion cartzificate form approved by the State Divisio:3 of Public 11¢alth, in triplicate, t..he following- (a) the name and address of ti-a awner of the animal; (b) the name, age, sc , broad and color of the animal; (c) the elate of t!tc immunization; (d) the type of vaccine used; and (a) the name and signature of the veterinarian performing the i=unization. 2. The veterinarian shall give the original copy of the form to the owner of the animal, and may retain the second cagy. 3. Tits city may supply licensed veterinarians with the forts doscribed in subsection l of this section. 3.30.070 Us:e of ralsa Certificates Prohibited: No person ^ay issue* or trans er a certificate or receipt for a rabies ir.:Munizat.•ion %,:here the person knows that no such irt:.unizatio : has been ad:ninist•ered. ::o p^•.rson may procure, receive, use or attempt to use a cc•rtificat•o for it raI3tas ir. tic::lir,:►ti0:1 as p.•oof of the i:r..uni ;ati on for an., ani-nal of hor than that for which the corti ficate or rerci.pt wan, isst:cd. 3.310.0J0 1+nr.}:.tl 1013io, %1.14-citt:,t1011 C?!:tic: At least attnu.-,11l that itini;:tnl. co:tt:rcil U: 61CG: :;;,all Ct3 ittl'•� that a ral)ivaccinatisn clinic io Bold at whic1► ��►cai.n:tio:ss .;hall l,e avni.lablc. (KC 3-1 thru 23; Ords 294, 509) • � J I r a f` 0 %' Suggested bys City Clerk CITY OF KENAI ORDINANCE NO. 941-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, TITLE 6, ELECTIONS. WHEREAS, the Kenai Peninsula Borough has amended their Code of Ordinances relating to elections, and WHEREAS, the City of Kenai elections coincide with the Borough elections, and WHEREAS, to ensure efficient handling of the election process, these two government entities should work with similar procedures. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followas Section 1s KMC 6.05.080 is amended as follower City Clerk to Prepare and Furnish Ballotss (a) The City Clerk shall prepare and furnish all official ballots in City elections. The provisions of State law relating to the preparation and furnishing of ballots in State elections shall govern the preparation and furnishing of ballots in City elections insofar as they are applicable and are not in conflict with the City Charter or ordinance; and the City Clerk shall perform the functions in regard thereto pres- cribed by law for the Director of Elections in regard thereto in State elections insofar as it is appropriate. 7 r' (b)At that time' the ballots may be inspected by an 'ands ata eswam'e is on the ballot or b his authorized / a��lan discovered m s a e Shall a corrected immediately. J c B)] The City Clerk shall provide tinted sample ho ballots, oaths of office ofjudges, challenge oaths, tally sheets, instructions to voters, warninq notices, and other forms and supplies required for City elections; and he shall give the duplicate registration index and an adequate supply of official ballots, sample ballots, and all other necessary supplies and materials to the chairman of the precinct election board in adequate time before a City election. r Ordinance 941-84 Page 2 Section 2s KMC 6.05.200 is amended so followos Punch -card Voting - Use of Com uterss The election official shall designate the computers to be used in counting the ballots and may negotiate and contract with the Kenai Peninsula Borough or a private computer service for the needed computer services. Stickers may not be used on unchcard ballots. Use of stic ers on unchcar a a s can cause that portion of the 17allot to be nva a e. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 1984. TOM WAGONER, MAYOR ATTESTs Janet Whelan, City C erk First Readings June 69 1984 Second Readings June 20, 1984 Effective Dates June 20, 1984 F i • i 1 1 1• i 1,� U :H1 f p i - 1 -c; A 0 r' G-S Suggested by$ Adminintration CITY OF KENAI ORDINANCE NO, 942-04 AN ORDINANCE. OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1984-85 JAIL BUDGET BY $89,020 FOR THE PERIOD JULY 1, 1984 THROUGH S►EPTEMBER 30, 1994. WHEREAS, the City had expected that the State of Alnakn would anaume jail reoponoibilitiea from the City by July 1, 1984, but it is now apparent that thin will not occur on schedule, and may not take place until September 30, 19849 and WHEREAS, the City Adminintration and tho State of Alaska have agreed that renoonable payment by the State to the City shall be $17,340 for July, and $29,340 each for the months of Augunt and September. NOW, THEREFOREg BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKAp THAT EST114ATED REVENUES AND APPROPRIATIONS BE INCREASED AS FOLLOWSs Jail Incroaao Estimated Revenuers Appropriation of Fund Balance $120000 State Grant 76,020 Increnoo Appropriationas Salaries $42,585 Overtime 1,200 Holiday pay 59896 Annual leave 30900 PERS 5,321 Supplemental Retirement 852 Unemployment 19071 Workera Compensation 1,m Health 5,850 Office Supplieo 425 Operating Supplieo 139067 Repair and Maintenance Supplies 390 Small Tools 450 Profesoional Servicee 350 Communicationo 400 Tronoportation 500 Printing and Binding 390 Insurance 1,060 Utilities 1,660 Repair and Maintenance 530 MiecellAneoua 725 1 j Ordinance 942-84 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 1984, I GO —0MAYON I ATTESTS I 3anoE Whelan, City Clerk _.I first Readings June 6, 1984 Socond Readings June 20, 1984 Effective Dates July 1, 1984 Approved by finances _e6zfZ_ /` rn-.t-11 V Sugq dated bys Administration CITY OF KENAI ORDINANCE NO. 943-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KE AI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIAT ONS IN THE STANDARD, RICHFIELD, AND THOMPSON PLACE ROAD CAPITAL P OJECT FUND; IN THE LAKE, MARINE, GRANITE POINT, %W F.B.O.. ROAD, WATER, SEWER, AND STREETS CAPITAL PROJECT FUND; AND IN THE VIP-LORA, SUNRISE, AND KETCH ROAD CAPITAL PROJECT FUND. WHEREAS, the City hoo received a grant in the amount of $1,4809000 from the State of Alaska for road improvements, and WHEREAS, the City has $229,136 in State grant monies set aside as a result of projects that have been completed for less than their appropriations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as followss Standard, Richfield, Thompson Place Roadss Increase Eotimated Revenuers 1984 Road Grant $ 221.000 increase Appropriations; Inspection $ 26,000 Construction 1759000 Contingency 20 000 0 Lake, Marine, Granite Point, F.B.Of V"" Increaoe Entimated Revenues: 1900 W & S Grant $ 15,734 1981 Municipal Aid 129,218 1981 Road Grant 199953 1982 Road Grant 64,231 1984 Road Grant 784 864 0 Increooe Appropriationas Administration $ 1,000 Inspection 1000000 Construction 830,000 Contingency 75 000 o 0 /` i ,,. .n i II 1 �l 1 I! t� r-: a rY f_ 3 r , Ordinance 943-84 Page 2 VIP -Lora, Sunrise, Ketch: Increase Estimated Revenues: 1984 Road Grant $� 474.136 Increase Appropriations: Administration $ 1,000 Engineering 28,000 Inspection 50,000 Construction 353,000 Contingency 42,136 474,136 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 1984. TOM WAGONER, MAYOR ATTESTS Janet Whelan, City Clerk First Readings June 6, 1984 Second Reading: June 20, 1984 Effective Dates June 20, 1984 Approved by Finances eCfQ u n " r1,f /^ Suggested by: Councilman Wise CITY OF KENAI ORDINANCE NO. 944-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.75.010 AND KMC 16.10.130 RELATING TO INTEREST CHARGED ON ASSESSMENT DISTRICTS. WHEREAS, KMC 16.10.130 provides that the Council may set any rate of interest it deems appropriate on unpaid installments on special assessment districts, and ' WHEREAS, KMC 1.75.010(b) provides that delinquent assessments shall be charged a rate of interest of 10%, and , WHEREAS, the rate of interest on delinquent accounts should be E equal to the rate set for the payment schedule when the assess- ment roll is confirmed in accordance with KMC 16.10.130. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 1 KENAI, ALASKA, thats Section 1: KMC 1.75.010 be amended as follows: Computation: (a) Whenever a penalty charge for late payment on a utility charge, assessment charge, or any other charge of the City shall be due the City of Kenai, such penalty rate shall be computed in the amount of 10% on the total sum due. (b) Whenever interest is due on an unpaid account, charge, or assessment of any kind to the City of Kenai, the rate of such interest shall be computed at the rate of 8a per annum, except that interest charged on special assess- ment districts [CONFIRMED IN ACCORDANCE WITH KMC 16.10.130 AFTER JUNE 4, 19831 shall be in accordance with provisions of Title 16 of the City Code T-ATT-WHE RATE OF 10A PER ANNU ]. c Unless otherwise specified, a penalty charge shall be due on an sum charge, or payment not }.�.: y , y paid to the City within the first twenty-five days after due date. Section 2: KMC 16.10.130 be amended as follows: Resolution Confirming Assessment Roll and Fixing <' Payment: After the public hearing and determination of the ---� assessment roll, Council, by resolution, shall confirm the _ assessment roll of the local improvement district. The resolution shall provide for the levying of the assessment against the property included within the district and may r establish a sinking fund for payment of principal and I Ordinance 944-84 Page 2 interest on any bonds which may be sold to finance the improvement. The resolution shall also fix times of payment, schedule of payments, rate of interest on unpaid installments, the date of delinquency of assessments, and the penalty and interest to be paid on delinquent assess- ments. On delinquent assessments, penalty LAND INTEREST] shall be in accordance with the provisions of KMC 1.75.010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 1984. ATTEST s Janet Whelan, City Clerk TOM WAGONER, MAYOR First Readings June 6, 1984 Second Readings June 20, 1984 Effective Dates June 20, 1984 w 1 I i MEMO TO. Kenai City Council FROM: Charles A. Brown, Finance Director DATE: May 31, 1984 SUBJECT: Ordinance 4 944-84, Interest on Assessments At the May 16, 1984 Council Meeting, Councilman Wise inquired about the rate of interest on assessments. The next day, he and I had further conversation on the subject. - The problem with the City Code is more of confusion and poor wording than anything else. KMC 16.10.130 already allows Council to set any rate of interest it deems proper when confirming an assessment roll. The confusion is really in KMC 1.75.010 (b). That paragraph is meant to set a rate of interest on delinquent accounts. Unfortunately, the word "unpaid" is used, rather than the word "delinquent." "Unpaid" could be interpreted to mean assessment installments that have not yet come due, as well as delinquent installments. , The way the Code reads now: 1) The interest rate on installment assessments is set by Council. 2) The penalty rate on delinquent installments is 10%. 3) The interest rate on delinquent installments is 10%. The way I'm asking the Code to be changed: o., 1) The interest rate on installment assessments is set by ; Council. 2) The penalty rate on delinquent installments is 10%. ' I 3) The interest rate on delinquent installments is set by Council (hopefully, this would be set at the same rate as on the installment at #1 above). ;.. Therefore, this ordinance does very little, except to clarify language in the Code. The only change is striking the fixed rate of interest of 10% on delinquent payments. o .. Today, I talked with Councilman Wise again. He is thinking about .jj changing the Code so that the interest rate is linked in some manner = -- to the market. If Council wants to pursue that, please introduce Ordinance # 944-84 on June 6, 1984, but set the public hearing for E July 5, 1984. This will allow me some time to work on it. a - - i II iI 11' ' 1 r' /- V Suggested by: Administration CITY OF KENAI ORDINANCE NO. 945=84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY -OWNED LANDS ARE NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, KMC 22.05.010, .030, and .050 requires that the Council shall determine whether certain City -owned properties are needed for a public purpose, and WHEREAS, the disposition or sale of such lands shall be made only upon finding that said property is not needed for a public purpose, and _ WHEREAS, Government Lot 50, Section 34, T6N, R11W, S.M. was conveyed to the City of Kenai in 1972, and WHEREAS, there is interest in purchasing this property for private development purposes, and WHEREAS, the Kenai Advisory Planning h Zoning, and Parks h Recreation Commissions have reviewed this property and recommend that no public need exists for this 2.5 acre tract. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: The described City -owned land is not needed for a public purpose and shall be made available for sale: Government Lot 50, Section 34, T6N, R11W, S.M. .._ _ Q : PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 1984. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings June 6, 1984 Second Reading: June 20, 1984 Effective Date: July 20, 1984 A CITY of KENAI P 0 1W. !'80 KENAI. ALASKA 09611 P110NE. 19011 283 7539 MEMORANDUM TO: Kenai City Council FROM: / eff Labahn, Land Manager SUBJECT: Ordinance 945-84/Government Lot 50, Section 34, T6N, R11W, S.M. City Lands DATE: June 1, 1984 ' The referenced property was purchased by the City of Kenai from Mr. Vincent Root on August 14, 1972. The land files do not indicate whether there was any intended public use for the 2.5 acre tract. , There is currently interest in purchasing this city -owned lot. I also responded to a letter of inquiry last year on this property. The attached map shows the location of this tract on Highbush Lane, south of the Kenai Spur Highway. The surrounding neighborhood is predominantly low to moderate density residential. The Kenai Planning A Zoning Commission reviewed this request at their meeting on April 25th. Action was deferred, pending review and comments by the Parks h Recreation Commission at this meeting. At their meeting of May 1st, the Parks h Recreation Commission found no specific need for a park at this location and recommended that the disposal of the property be left to the discretion of the Planning Commission. Subsequently, the Planning & Zoning Commission recommend to proceed with the disposal of the property. This action was taken at their May 23rd meeting. Recommendation: Introduction and enactment of Ordinance 945-84 for the ' purpose of disposing of this property by competitive sealed bid. so 34 _1. �.r_r� 3� SO 1 G ov`r 1,0or 50 ► If '— It�• /rl T oil' it vr)Lr1 _.'1ii'��''� f •1';r; + r S i;�4.,�/�+ .._, I a...a. silt r.y �" •p � � _ ��'r'htfi,l t' Yr, sl%�;1� + ,'�� lj� c! , LS MIS Cr �a, 110 — - w•, ,,. R log S Chi JiA' -;,err— „I A �� iN n1rfr .ir� �1 S 'r�MD +r .' u ♦r of of 1� li; r f,� f,•• rMibO • �' •' �lw i♦1 Ni /• 1 r19 J � .f L r rro 41 P35 3 2 = i r , ♦ • 1 G-11 Juno 1, 1984 Keith Kornalia, Director of Public Worka City of Kenai Box 580 Kenai, Alaska 99611 Rat MAIN STREET LOOP Dear Mr. Kornalias In response to your request to perform the work necessary to incorporate Main Street Loop into the Lake, Marino, Granite Point, PBO project I have prepared the following proposal. It is my understanding that the City winhas to include the paving improvements from Kenai Spur to Willow Street into the Lake, Marine, Granite Point, PBO pro- ject for the purpose of bidding the combined project as one job. The plans for those improvements were previously completed and bid as an alternate for another project. As we discussed, it iu aouumod that updating the piano will not be necessary. We will also design a small parking turnout for the Bernie Russ Memorial Fitness Trail to be included in this project. We propose to crake the necessary adjustments to bid skhodules, specifications and to the drawings for the Lake, Marino, Granite Point and PBO project to incor- porate the Main Street Loop project into the plans for bidding this summer. We can complete this work under our existing contract with the City. I estimate the cost for performing this work will be $2,900.00 and offer to ammend our con- tract in this amount. Sincerely, Wm. J. Nalti n & Associates Wm Naloon, P.B. P incipal WjN/bag I J /0 1.7 Q — 1 C. CONSULTING CNGIN13EIRO / %razz ^ 1 May 24, 1984 's/ -ry0 N A�• MAYINg Ko(th Kornrolis, Publi.c Worka Director+� HEC@INFO City of Kenai };." City of mn81 ' P.O. Box 950 PubUC works Oa t..lj Kenai, Alanka 99611 `;; D Rat Yirat and Second Street Improvements'�,,�napoct b Door Mr. Korneliss As you noted in your letter to me tinted October 20, 1983, the Contractor on the First and Second Street Project has run pant his original completion date of October 13, 1983. We have maintained contact with the contractor during the winter snut a3wn period and have initiated correspondence with the Cont- ractor to insure that his crews complete the project by their now deadline of June 15, 1984. In our May 17, 1984 letter to Prosser Construction, the Cont- ractor, we expressed a concern that the Contractor was not meeting his contrac- tural obligations to the City of Kenai. I requested that the Contractor con- tact us to have a meeting on site in order to determine a schedule for complot- ion of the work. Tito Contractor responded by telephone and a meeting was held at 100 pm on May 22, 1984. Duo to circumstances beyond our control, the construction yeriod has extendedt -beyond the time limit envisioned by our construction management contract with the City of Kenai. In order to insure that adequate construction management servicou are available to the City necessary to insure that this project is completed to design specifications, we are offering to extend our contract with the City of Kenai. We anticipate that the Contractor will complete the project within ten working days. Based on thin assumption, we believe that we can provide the necossary services for n not to exceed amount of $4,000.00. We are continuing to inspect the project at this time in order to insure the Contractor completes the project according to plans. Sincerely, Wm. J. Nelson & Asaociates Klincipal lson, P.E. WJN/big Q/47Al1RM.,..,��,, I�4INANC! rufILM -Aw= - U A rroaaLY . G-tz CITY OF KENAI 210 FIDALOO KENAL ALASKA 99811 TELEPHON6 263. MS MEMO TO: Honorable Mayor 6 Members of City Council FROMs eff Labahn, Land Manager REs Assignment of Lease for Security Purposes - E.N.C. Corporation to Belugs Development Corporation - Lot 5, Block 2, CIIAP Sub. DATES June 1, 1984 The Council previously approved the Assignment of Lease from Beluga Development Corporation to E.N.C. Corporation, d/b/a Alaska Steel Company on April 4, 1984. However, Belugs Develop- ment Corporation wishes to protect their leasehold interest and improvements and has secured an assignment from E.N.C. Corporation which would be activated only in the event of default by the current assignee. The attached assignment of lease has been submitted to the Council for approval as required by KMC 21.15.060. Recommendations Approval of consent to assignment of lease, subject to any modifications presented by the City Attorney upon detailed review. JL/md J la It- !7 41 U23, -per 4- OCT 11. KUL City of I Public Vim' 7 4 0 T I C REC C14F of CdP; 1H4fT 1Y 0 U,5 r/Z 1,4L A /e P 421C* Cl 7-)., or /< E AIA Kenai Peninsula Bo NOTE— Assessor's Block Numbers Shown in Ellipses May 29, 1984 CY CITY AnIMIATRATIOl4 f —" C City of Kenai 210 Fidalgo St. Kenai, Alaska 99611 Re: Lot 5, Block 2, Cook Inlet Industrial Air park Dear tor. Ladaugn: Enclosed is a Consent to Assiglunent and a copy of the proposed Assignment of Lease for Security purposes regarding the land lease and purchase of the Beluga building. If you would review both documents and let me know if you forsee any problems, I would appreciated it. I will need to know, if you feel there are any changes necessary, by tomorrow afternoon. Thank you for your assistance with this. It is very much appreciated. Sincerely yours, A LL) Doug Keating Broker 0-l- 1! JZ U l;Vl ERA'b PROPERTY WORLD, INC. 11127 Kenai Spur H%%v. ' Kenai. Alaska 99611 1-907-283.4888 I STEPHEN F. FROST DAVID E. GRASHIN FROST & GRASHIN ATTORNEYS AT LAW 3000 ARCTIC BLVD., SUITE 101 ANCHORAGE. ALASKA 99503 May 24, 1984 AREA CODE 901 563.0303 Mr. Douglas A. Keating ERA Property World, Inc. P. O. Box 156 Kenai, Alaska 99611 Re: Beluga Property Dear Doug: Enclosed herein is the Consent to Assignment for the City 1,anager's signature. I have also enclosed a copy of the proposed Assignment of Lease For Security Purposes for the City's review. It is my understanding that the City Council will meet on June 6, 1984, and consider the request. If you have any questions, or if I can be of any further help in this matter, please advise. SFF:mb Enclosures ccs Mr. and Mrs. Milton Donner ccs Peter J. Crosby, Esq. f CONSUPT TO ASSIGUMM l WHEREAS, ASSOCIATED DIVERS AND CONTRACTORS, INC. entered into that certain Lease Agreement with ti,e City of Kenai on August 3 , 1966, relating to Lot 5, Block 2, COOK INLL•'T IN- DUSTRIAL All PARK, and WHEREAS, said Lease Agreement was subsequently assigned to Beluga/Development Corporation, and WHEREAS,! Beluga Development Corporation has obtained the consent of the Kenai City Council to the assignment of the Lease to E.N.C. CORPORATION, d/b/a ALASKA STEEL COMPANY, DENNIS R. PFEIFFER, DANIEL D. NI•SON, and TERRANCE L. COSGROVE, pur- suant to a sales agreenon/t,entored into between the parties for the sale of the leasehold interest and the improvements thereon, and / WHEREAS, the Sellers,; Beluga Development Corporation, in order to insure the marketability of the leasehold interest and to secure their position regarding payment of the agreed upon sales price, have obtained an aignnent from E.N.C. Cor- poration, d/b/a Alaska Steel Company beck to Boluga Developrient Corporation which will be hold in escroi* go long as the purchase paynonts are timely made, and r WHEREAS, in order for the assign>ent back to Beluga to create the necessary security for Beluga, the Kenai City Coun- cil, on behalf of the City of Kenai, pursuant to paragraph 4 of the original Lease Agreement dated August 31, \adefault must consent in advance to the assigrunettt hack. in the event should trigger the necessity of enforcing the assignmack, to Heluga Development Corporation. -1- i _. rr,�irrrrrsar�i�rr�'ir�rrrr Y, +I i ,r i I - i I j — — T_t I • . J !,• � � � 1. . '+.nw is iA:.'+1.�.�.�T�'! 3 f� � 4 ...:, ...,:, •:.:fir«.-. �.,tis -<sn:.�%%.A: � k 5 t i • a � ,Y , } r TNERP.PORL, the Kenai City Council, having taken the matter under advisement and considered the request of Beluga Do- volopment Corporation and C.U.C. Corporation, d/b/a Alaska Steal Company, has authorized the City Manager for the City of Kenai to execute this coneont to the assignment back to beluga Cor- poration as security for the leasehold interest and improvertrento thereon, in advance, and without further obligation other than to comply with the terms of the original lease, together with any and all amendments thereto. Dated at Kenai, Alaska, this day of , 1984. CITY OF XENAI By William Dr ghton ' City !tanager —2— i i v 4 r � � .tern.�.wM:yiwiWlfr'�c.+l.xrsM,.Lyw�rs I ` z! ZZttG � 1 i*.+�Q�:L�a�Kat�.i�Kt�r+Yroars.�r(Cc.�ir.•1 , �f Y .r r ie { r , i f , �S L; t� r t L I i . ASSIGNMIM OF LEASE FOkyHCURITY PURPOUS Thin instrument in mane by Y.N.C. CORPOP.ATIONP a Washington corporation, DFNNIS R. YVEIVVYR, DANIEL D. NFIXON and TFRRANCY L. COSGROVE all of wham tO90thor are Lenrseea, and hero - after referred to an "Annignorn", of the fallowing doseribod real property under an Assignmont of Loase oxocuted by SYLUOA DEVELOP- MENT CORPORATION, on Alaska corporation, hereinafter rofrirrod to as "Assignee"s Iat Five (S), tilocY. Two (2), Coor INLET INDUSTRIAL AIR VARY. SURDIVI010N, according iv Plat No. Y.-1447, in the Venal Recording District, Third Judicial bintrict, Otato of A]arka. This instrument in given as additional s,curity for , repayment of that certain Note made by P..t:.C. COP.PORATSI�:. in favor of DFLUM, DEVELOPMENT CORPORATION in the original principal amount of TWO HUNDRED VORTY-ViVE THOUDAND DOLLAW3 (4245,060.00) and dated �r Therefore, Annignorn do ansign to Annignoo all of their right, title and interest in, to and under that certain lease dated August 31, 1966, with the City of Xenai a» V ssor, recorded in Soot. 35 at Pages 131 et.neg., no amended to date for the abave described real property, upon the tormn and conditirins hrrtin- after not forth, togothor with the improvements thoroon. T e tr•:mc and conAi!ions of thin Areinnment for Security Yurposen arcs 1. Assignee shall have no rights or liabilities under ` said ILiase until Annignorn have defaulted in any otli;ation to I Assignee and the prosedurn net forth hcereaftor haF. kern completedi except that Arnigne!e sshall t,ay., the right Vs curs nny ASSIGNMENT OF IXA9Y. FOR i;MAJIVITY PL'f IIW5Vi5 { Yage 1 _i-er r�Yl •� � � r.. .i�i r1!/i•I��rf✓Cwr /I.. ry/nlwr�wnr�'�MM�+� * 1 �' �; •.'�,lr/sr�/n.lirwvAf..: w :'L r,:.,�«✓hr•"M i i 1 N � default by Annignorn on the loano by acting on bobalf of Anntgnorn and the coat thereof shall ho added to the principal balance owed on the pate. 2. Upon default in any ohligntion to Assl(inoo, Asnignoo may elect to have thin Anfilgnmont given effect by rocordinq two instrumont and a 10tico of ouch 61e0ti0h and mailing within ton (30) dayn of the rocardinq a conformed copy thereof to Assignors at the following addrosn, or suet) address an F.tt.C. COY.POI(ATI©N may hereafter direct in writing, 1200 Wost bowling Road, Anchorage, AlnnYra 99503, by rortifiod mail, return receipt roguonted. 0aid notice nhell aot forth tho specific default and indicate that the Mnignniont shall he riffoctive uP_Qn a doto not sooner than the 90th day fallowing the roearding the notice, The notice sba11 not be rocordod until at 1e66t thirty (30) days have poonod from the dam of dfrfault. 3. Aanignorn shall have; the right to cure the default or defaults through tho 9oth day by rnaking payment to Aunignee if fthe default in it, nuch payment, or by providing proof of !such other action an is noeonsary to curo other dofoult. Tho afore- ; dencrfbod Iiotfco shall rot forth thri addrenr, at which nuch curo ' or proof of cure may bo tondorr,d. 4. Annignoo'n election to give effect to thin Aagign- i mont shall he final and binding with the conoont and approval of tiissnar upon thr, offrictivo date an deneribod in paragraph (2) above and shall than have the eitoct of disebasginq Assignorn from any and all obligationn to Assignee under the Isnod of Trunt and tloto it saocures, AMISG1MIXT (A LFAOF, FOP VVXPITY pri<pO"VO Pago 2 r J i A r rvi'�f(iFM:t�Jr�w�tll.�wMfrvvl��i r n � I v ,I -s 3 1' s� ' 1 ! 1_ a Ry necept.ancit of thin Annignmont of 1E,ano for flecurity purpenon, Annignoo aaknowlodgl,n that thin inntrumont shall ho hold by tho eelloution agent or escrow for the Note secured here- by to bo rolonnod to Annignea only upon dofnult. upon tho Note or tho [loud of Trust hold by said agent or oaorow, until said Note In paid in full. Annignorn nhnll comply with all reanonnblo roquoats of Annigneo for information regerdinq the status of the I I boaso, nhnll oxecuto a now Annignmont of i,oano for liocurity Yurposon upon any now or roplacament lAnne boing exocuted, shall I not nurrendor the Jrlsne withtnit ilrior written eonnent of Asnignee and shall not ontor Into tiny omondmont or modification of the iAnno, etbor than the$ re<iulro,d E,,,riodic rent revisions, which I dirnininbon the rights of tho Immoa, IN WITIM1113 bIJl:I Y01 , Aer,i(porn have placod their hnnds I tho datan bot,ow written, SAkvORATI©u, A tlsnhington Fnrpf)ration d/b/n AJ,AIIKA JYlIM, CO, """ i riri iii "34, a f , •ii� ltss President DATF ffl,rtNf11 'Js; 1 ' 0V ' / .�...,..,,...•,. ,.... ,...,-�,.... .,. �1'Ftl �I, �i 'J"I, 1JLIIilFdf , ..,. _ ,-.-. - ,.. .—..� .-..... PAmes .. • .... , , .., . � ......,. 'Pi.'ti�irJCi;' "1;: "s'�f1frSl+�iJi', ... , . , r , .c-�-..�n AARIGN1.Y,NT Ov J,r,Af1K POP fircUPITY PM11101"VO Yege 3 a i, I I z Ca t STATF OF ALASKA ) ass. THIRD JUDICIAL DISTRICT ) T1i18 IH TO CERTIFY that nn this ZZK day of ?% , boforo me, the undornigned, a Notary u lia in An o "iF6 State of Alaska, duly Comminsionod and sworn an such, personally appeared DENNIS R. PFEIFFER, known to me to be the President of E.N.C. CORPORATION, a Woohington corporation, the corporation that executed the within instrument, and known to me to be the pornon wise executed the within instrument on bohAlf Of tr,e corporation therein named, and acknowledged to me that suet, corporation exocutod the same pursuant to its bylaws or a resolution of its Board of Diroctorn. WITNP013 my hand and seal the day and year in this certificate first above written. BTATY, OF ALASKA THIRD JUDICIAL DISTRICT ) T111S 10 To CERTIFY that an this /7t day Of hvo , 19M, Wore me, the undornignod, a I;otary--IuFu lie in anc�"iros'io fits of Alaska, duly commisaionud and aworri or auei,, personally appeared DF,NNiS R. PF£IPF£R, to me known and known to me to pr, the individual montinnod in and whose name in subncririod In tt.o foregoing instrument, and who acknowlod(jed to me that he signed the some freely and voluntarily for the uacn and purpoeon thr.roin contained, WITIMOR my hand and seal the day and year in thi►, eortifioatc first above written. NTWH OF WAIAI I NGTO N ) '.,, "•Y,(„r7 ) an. '/��* COU11TY AP ) 'ftftffM THIS IS TO CERTIFY that On thin 1day of , 19 , bef orrr me, the undornigncid, itNotorj Fa0,lie in Zr—rtr, fate% of wanhington, duly commisniened and sworn an Duct:, pernonally nppoarod DAf11EI, I). NELSON, to me known and Y,nown to r,e to be the individual mentioned in and whore name in nubnertr,F9 In the foregoing instrument, and who ac'rnowledgvd to mrs that t.e -✓ ASSIr;f1NCNT OF LEASE. FOR 6U.'URITY PUPP05F3 page 4 •tJ } •f i ,i A - nigned the same freely and voluntarily for the uses and purposes therein con t^_:ned. WITNESS my hand and seal the day and year in this certificate first above written. i75YXRY in an O�ashing"to'n My Commission Expiress STATE OF WASHINGTON ) ) as. COUNTY OF ) THIS IS TO CERTIFY that on this day of , 19 . before me, thi undersigned, a Notary— ublic in and for t e Sta% of Washington, duly commissioned and sworn as such, personally appeared TERRANCE L. COSGROVE, to me known and known to me to be the individual mentioned in and whose name is subscribed in the foregoing instrument, and who acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein contained. WITNESS my hand and seal the day and year in this certificate first above written. �TfiRY PUIILIC�in 8n� for Y:as Eton my Commission Expiress�_ The foregoing Assignment of Lease for Security Purposes is accepted BELUGA DEVELOPMENT CORPORATION An Alaska Corporation DATES By RoGeit T. •'Nus- Itss Vice President i ASSIGNMENT OF LEhSE FOR SECURITY PURPOSES I Page 5 JIl i 1 •' t ' X I i n .ar�t�i{rii►a�ai::�lr..m.�r:Y'.�'.�.y '3 •s {.I ` C " �.i C,:i t� I ASSUMPTION OF LEASE PENINSULA SAVINGS a LOAN ASSOCIATION, an Alaskan Corporation, of Pouch 1000, Soldotna, Alaska 99669, Assignees of that certain Lease in the Kenai Recording District, Third Judicial District, State of Alaska, dated September 1, 1966 and executed by the City of Kenai, as lessor to Donald Price, d/b/a Kenai Radiator Clinic as lessee, recorded January 6, 1959, in Book 14 at Pago 29 of the records of the Kenai Recording District, Third Judicial District, Stare of Alaska, hereby accept such assignment and agree to assume such liability under the terms of said lease for any default of the assignor or violation by the assignor of any of the covenants of said lease. DATED at Kenai, Alaska, this 31'4 day of �+�i{, , 1984. PENINSULA SAVINGS AND LOAN ASSOCIATION Sy s L"ji J \ , President STATE OF ALASKA ) ) as. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the ,, day of C�1a-� , 1904, Ta.,,,. appears ore the undersigned. no him to be the res dent of PENINSULA SAVINGS b LOAN ASSOCIATION, an Alaskan Corporation. He said that he knew the contents of the foregoing inarrument, and acknowledged the same to be the act of said Corporation, done by authority of its Board of Directors. IC NOTARY FqqILkG IN AND FOR A ug tei imly Commission Expi rest 3'=� Assumption of Lease Page one of two pages • J I if a CONSENT TO ASSIGNMENT The above assignment of lease is hereby accepted and approved subject to the same terms and conditions as contained in the original lease on Lot 1, Block 1, Cook Inlet Industrial Air Park, and the amendments thereto. DATED this day of , 1984.. CITY OF KENAI By: City Minager Attests City er Approved by the City Council on the day of , 1984. V E R I P I C A T 1 0 N I, ED TURNER, being President of Peninsula Savings & Loan Association, having read the foregoing instrument know the conditions thereof and believe the same to be true and sign this Instrument with the full knowledge of the contents thereof. res ent, en Nu av ngs i an ssoc at on SUBSCRIBED AND SWORN to ms 31' day of 1984. S tic c;r _. r.. 2 xVT4HT VUJRJJ.SAND FORA Fr— My Commission Expirest Assueption of Leaze Page two of two pages �J J a 1 I !.I I MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director SUBJECT: Interest Cost on Assessments DATE: May 17, 1984 At the May 16, 1984 Council meeting, Councilman Wise asked if the City could charge interest to an assessment project during the period of construction. I said that we could prior to the bond sale, but that I didn't think we could after the bond sale. KMC 16.05.050 (a) (3) says: "Interest or (I'm sure this is a typo; it should be "on" - CAB) funds borrowed to finance the capital improvement prior to the sale of general obligation bonds shall be a cost of the improve- ment district." This is where I got my information, recalling from memory the above citation. However, I failed to recall KMC 16.05.090, which reads: "Coats: The costs of an improvement shall be the actual costs of the improvement, including acquisition of interest in land for the improvement, design, engineering, administration, overhead, professional services, bond costs, and interest incurred as a result of the improvement, and all other costs resulting from the construction of the improvement. Bond interest shall be calculated from the first date when actual costs are incurred by the City." Therefore, it does appear that we can (and should) charge for bond interest costs during the period of construction. So, as improbable as it sounds, I'll have to admit that my statement at the May 16, 1984 Council meeting may have been less than completely accurate. All parties involved in the two pending assessment districts have been advised. On a slightly different subject, I have asked the City Attorney if we can change the city code relating to the rate of interest charged on " the final assessment to whatever rate the Council deems appropriate, J rather than the 10% that is now fixed. • PAY ESTIMATE CITY OF UNAT oaf;l' 1 of . J Project KENAI AIRPORT PARKING LOT IMPROVE?CENTS Contractor _ Quality Asphalt Paving, Inc. Address 1711 East 32nd Avenue _Anchorage, AK 99507 Project No. Phone (907) 344-8422 Period From 5/04/84 to 5/29/84 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE O1 Original contract amotint S 363,534.30 ONet change by change orders v5,'192.00 U3 Adjusted contract amount to date 10689726.30 ANALYSIS 01: WORK COMPLETED OOriginal contract work completed $224,530.40 , OAdditions from change orders completed $5,192,00 i OG Materials stored at close of period (2)Total carnedO+0+ G = $2299722.40 i E -ass retainage of 101% percent-229972.24 OTotal earned less retnina_;cO-O= $205,750.16 lfl Les, amount of previous payments $369985.50 11 nalallcc due this payment. 3169,764.66 cc: Contractor Quality Asphalt Paving, Inc. :i:1:t Professional Design associates I f• a EQUAL EMPLOYMENT OPPORTUNITY COMMISSION • SIATTIL. WASHINGTON 98101 e CHARGE NUMBER 101R22716 Susan Jill Barnsleyi�Yf��% r:f Kenai Public Words Dept, P. 0. Box 3064 };-;• �i�CEIUcU i Box 580 Soldotna, AK 996*69 l;Sty ct Kw;i .:; Kenai, AY. 99611 DETERKINATION Under the authority vested in as by the Coma ission's Procedural Regulations, I issue, on behalf of the Commission, the following determination. All jurisdictional requirements have been met. Pursuant to EEOC Procedural Regulations 1601.75, dated October 19, 1981, and not having received a request for a right to review by either party to the charge, I adopt the final finding and resolution of the Fair Employment Practices Agency. This determination concludes the Commission's processing of the subject charge. Should the charging party wish to pursue this matter further, the party may do so by filing a private action in Federal District Court within ninety (90) days of receipt of this letter, and by taking the other procedural stepo set out in the enclosed Notice of Right to Sue. Within one year after the date of this letter. I intend to destroy the case file in accord- ance with the Commission's records disposition instructions. On behalf of the Cm=issioa: S111lO Date on= N. MISS, DIS T D RE it ESclosure: Notice of Right to Sue 0e:%vimR m 1j Susan Jill Barnsley P. 0. Sox 3064 Soldotna, AK 99669 COUAL EMPLOYMENT OPPORTUNITY COMM+bSION NOTICE OF RIGHT TO SUE (OI,nrNaal) PROMS EEOC - 7th F1. 710 2nd Ave. Seattle, NA 98104 $#Amoragn [ioc RIPALSLMTATIVL ---- - -- 206 442 0968 101822736 ATTORNEY OF DAY (See Section 7060VI) and 00) of the Civil Rights Act of 1964 on reverse of this torn.) This iisr tAarge NOTICE TI dismissed for the O sowing reason: issued because the Commissios has dismissed your charge. No jurisdiction, therefore the Commission has so authority to process your charge further. ® No reasonable cause was found to believe that the sllegstiois trade in your charge are true, as indicated in she attached determination. t� you failed to provide requested necessary information, failed or refused to appear or be available for necessary ten "solve your charge You have had more than 30 dayes or otherwise refused to sate in which tostent that t e respond to our fin 1 writtemission n request, to The Commission 0 daysiin m,Ide respondtos nfotice seats to locate to yournlas and knows sddess usable has been to do so. You have had at U leas 30 days have expired since you rmade a written eceived oement f ctual nich o ice Of this sell ttlement Offer' lief for the mm you alleged. At The issuance of this NOTICE OF RIGHT TO SUE temrinates the Commission's processing of your ehatge. !s you want to pursue your charge further, You have The right to sue the tespondent(s) named in your charge in United States District Court. IF YOU DECIDE TO SUE. YOU MUST DO SO WITHIN NINETY (90) DAYS FROM THE RECEIPT OF THIS NOTICE OF RIGHT TO SUE; OTHERWISE YOUR RIGHT TO SUE IS LOST. If you cannot afford or have been unable to obtain s lawyer to represent you, you should be swam that the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-SOXI) permits the U. S. District Court baving Jurisdiction in your case to appoint a lawyer to represent you. If you plan to request appointment of a sayer to represent you, you must make this request of the U. S. District Court in the fond and manna it requires. Your request to the U. S. District Court should be made well in advsace of the end of the 90-dov You may contact the EEOC representative named above if you hsve any atrestions about your logs' lights including and Copy Information n which U. S District Court has n the Commission's ease ftien to hear your case a if you need to inspect An information copy of this Notice of Right to Sue has been sent to the respondents) swot++ below. On Behalf of the Commission Crrprd �'onrt TIt e of EMIG 0 C14 • (9at) DONALD N. HUSE, DISTRICT DIRE cc: Kenai Public Works Oept., City of EEOC sap" 161 1001f Z -- �- YUKON PACIFIC CORPORATION May 9, 1984 - s r /yy 9kti The Honorable Thomas Wagoner �y�, �f". Mayor of the City of Kenai P.O. Box 580 Kenai, AK 99611 Dear Mayor Wagoner, On Monday, May 7, 1984, Yukon Pacific Corporation filed an application with the Bureau of Land Management and eight other federal agencies for a right-of-way to build a natural gas pipeline from Prudhoe Bay to Nikishka. Because the route of the proposed pipeline passes through �-. or near your area, I thought you would like to have a copy of our right-of-way application. Yukon Pacific is working very hard to sell natural gas in the Pacific Rim; in particular, in Japan, Korea, and Taivian. Our ability to sell, in competition with Australia, Indonesia, Canada, Malaysia, and the U.S.S.R., depends on how flexible we can be as we stress the national interests involved in bringing about the sale. I hope we can count on your help and understanding as we proceed. If you have any questions, please call me. With best regards, J d P.O. Box 101700 • Anchorage. Alaska 99510 . 907-2, 9-1596 • Telex 25-340 Capt. Cook AHC X5 South Post Oak Road • Suite 2205 • Houston. Texas 77027 • 7 M960-1889 • TeIex S202 SUPRA Enclosure Sincerely, Walter J. ckel �- nTmv ntvn+*trt FOR COUNCIL INFORMATION Transfers of Funds under $1,000 under KMC 7.25.020 (a) L Date Department Amount From To Explanation 5-14-84 Sr. Center $ 70.00 Small Tools Prof. Svcs. To pay December janitorial billing ' ! I 5-15-84 PW/Shop 500.00 Operating Supp. Rep. & Maint. Alignments, radiator repair, windshields 5-15-84 Sr. Center 317.00 Misc. Oper. Supp. To purchase kitchen & dining room supplies 5-15-84 Museum 675.00 Misc.,R&M Supp. R&M, Comm. Improve lighting, telephone billing 5-15-84 Ft. Kenay 950.00 Improvements Prof. Svcs. For janitorial services 5-15-84 Police 500.00 Transp. Office Supp. Purchase of computer paper -' 5-17-84 A.P. Parking 990.00 Conting. Inspection Survey grid every 50'. 5-18-84 Airport Admin. 100.00 Conting. Advertising To advertise Airport Manager position 5-21-84 Legal 350.00 Prof. Svcs. Misc. To file lawsuits 5-22-84 PW/Shop 990.00 Operating Supp. R & M Repair crash truck radiator, other R & M 5-25-84 Fire 300.00 Operating Supp. R & M Unforseen repairs • - — _tea -_: t:�-�- ---------- � I i i 1 1 05-25-84 GRANT MONIES AVAILABLE FROM CLOSED CAPITAL PROJECTS PREVIOUSLY CLOSED SEC. 36 W&S MAIN ST. & BARNACLE 1ST9 BIRCH, 4TH FOREST & DILL TOTAL NOTE: LAWTON IS CLOSED AND PENDING AUDIT. IF NO EXCEPTION ARE FOUND, $66,276 OF 1981 ROAD GRANT WILL BE RELEASED. 1980 1981 1981 W&8 MUNI AID ROADS 2,506 19,953 15,734 38,723 50,536 37,453 15,734 1299218 199953 r. 1ffA0 1982 ROADS TOTAL 649231 86,690 15,734 38,723 50,536 379453 64,231 2299136 b. I L I r v I v 'Tr" %W y •, 1NVE.t9TMkNtfi ` 1368 BASISI SNARE OF AVE BANK NUMBER INVFSTEO RAPE ISSUED DUE DAYS YIELO TOTAL RAtf. MIA, T-BILL 22837 2804P32.62 10,430 3-30-84 10-4-04 188 29JJ000.00 17.656% I.B43 J NBA, TLO 148t11 1000000.00 11.600 5-11-84 4-111-85 336 1108266.67 6.294% 0.7.10 tlbA, 1-E1ILL 246UI 998E100.00 10.7i10 8-02-113 1-12-04 345 1100000.00 6.2011% 0.674 / _ NVA, T-Tall L 247110 941191O.63 10.4136 8-Il2-83 8-9.84 333 931000.00 5.345% 0. A0 WA. I --I tl.L 244116 3696743.4U 10.1.3i! 9-00-83 9-h 114 364 4005000.00 23.2%&% 2.4!.1 taM. T-811.t. 23085 .!/ ;00.00 10.211 11-1-83 11-1-84 360 3000000.00 17.160Z 1./:'? J NVA, 1•PIIL Mot 250868`.5.21 10.236 12-22-03 11-29-04 343 2750000.00 79: 1%.,'/. 1.617 I 101 F1:0, REPO 1300000.00 10.1IJ 5-22-84 5-31-84 9 1303?90.63 a.1F35% 0.029 I TOT AI AT 5-22-84 1:.E1A2871.93 17236:'..7.30 100.40OZ 10.4W J t I f� ` J I 4 � i i I J ; h 'j J ( • I J r J. i f. >E I �1I I I 1 1 1 -I i rn/-o TF6 r MEMO TO: CITY COUNCIL FROM: C14ARI_ES A. BROWN -� E;UB.tE.:CT: LIVRARY JANITORIAL OATE : 5 -1 H-84 TODAY, I OPENED T FIE PRnrl0 ;AL S F C1R JANITORIAL Fill? THE LIBRARY FOR FY 84-35. THE LOWES'r PROPOSAL IS FOR $6,000 PEI? YEAR, WHICH IS LESS THAN THE OIU LIMIT. THEREFORE, I SEC NO REASON WHY THIS HAS TO BE APPROVED 13Y A RESOLUTION; A SIMPLE PURCHASE ORDER SHOULD OEE SUFFICIENT. ALL FOUR PROPOSALS WERE SEALED AT THE TIME: THE LIBRARIAN TURNED THEM OVER TO ME. THE ADMINISTRATION BELIEVES, IN THE INTEREST OF FULL D I CCLOSUR E:, THAT THE COUNCIL SHOULD SE AWARE THAT THE LOW BIDDE-R 1S MICHAEL _ C. HOLLAND, DBA SUNSET JANITORIAL. THIS INDIVIDUAL IS THE LIBRARIAN'S GRANDSON. , I FIND NOTHING IN THE CITY CODE THAT WOULD PREVENT CONTRACTING WITH THIS INDIVIDUAL. IT WOULD BE UNACCEPTABLE IF 14E WERE TO BECOME AN EMPLOYEE, BUT THAT WILL NOT BE THE CASE. .. •i T7 ) M p n 1 j W y i 1 i 1 I V (( t • I I I �a I Y BID OPENING TABULATION Bid Item: Location: G:6Y4� Time: Date: T— ij COMPANY AND REPRESENTATIVE Per M Ow �"L Pv f Pe'v- P4 r _ i' n �J _ r y / 4 4 r i • y9S.00 — lj—r 9 �..o, 990.00— Air A,►O. �O/ %�'Q� Ohdl!/V 7 i,;tJ.00 ...r—. ✓gl§je 7�}nitov�4/ �DO.ap /O i aDO.oO LOw1.t� 8.d ` - i i I - i.l. .r I I i r � r .r % r I E� lh 1 + {1 1 j4 l f I SUNSET JANIT0a!AL P.O. BOX 4611 KENAI., ALASKA 99611 283-4079 irw May 10, 1984 KENAI C0144UNITY LIBRARY 163 MAIN STREET LOOP KENA1, ALASKA 99611 REs Custodial Proposal Our bid for the Kenai Community Library Custodial Contract for the period of July 1, 1984 to June 300 1985; is $500.00 dollars per month. This figure is based on .10C per square foot, or $60000.00•per year. Sincerely, *"�r Michael Co Rolland DBA SUNSET JANITORIAL i i a Y .� /f gym. Kb. 07 1yAo -7 MAY1984 KENAI PENINSULA BOROUGH UOFKEN�j SPECIAL ASSEMBLY MEETING MAY 29, 1984; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA • A G E N D A- Assembly Glick A. CALL TO ORDER- Walli Corr B. PLEDGE OF ALLEGIANCE Crawford -- Carey C. INVOCATION: Rev. Hilmar Kiser, Nikishka Christ. Can. Keene EXC. Sewall D. ROLL CALL McGahan Nash E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER Arness Jean F. APPROVAL OF MINUTES: BOE $ Regular, May 15, 1984 Dale Douglas G. CONSIDERATION OF RESOLUTIONS REMAINING FROM THE Stephens EXC.: MAY 15, 1984 AGENDA Skogstad Dimmick (a) Res. 84-89 "Urging the'Department of Environ- mentalConservation to Maintain Present Standards for the Acceptable Levels of Air Pollution Within the Kenai Peninsula Borough" (Dimmick) (b) Res. 84-90 "Approving the Award of a Contract for the Installation of Street Identification Signs to W-E Contractors, North Kenai Peninsula Road Main- tenance Service Area; Craig & Son Landscaping, Central Kenai Peninsula Road Maintenance Service Area; Drake Brothers Trucking, South Kenai Penin- sula Road Maintenance Service Area" (Mayor) (c) Res. 84-91 "Requesting a Grant from the Department oCo'mmunity and Regional Affairs, Rural Develop- ment Assistance Grant Program to Purchase One Tanker Truck for the Ridgeway Fire Service Area" (Stephens) (d) Res. 84-92 "Approving Up to S Assembly Members to Attend t e Forty -Ninth Annual Conference of National Association of Counties and Designating the Delegate and Alternate to Vote for the Kenai Peninsula Borough" (Legislative Cmte.) H. NOTICE OF NEXT MEETING AND ADJOURNMENT laSKa fMUnIdpPJ ue , Vay, Suite 301 Us 99h301 5-1325 0� ' soo UgWATWE BuREAN May 23, 29M ,, MAY1984 ry . l.li r i.l i Y CLERK 0 ' i 1Y Of KENAI 919l tk4z�VI,-/ iii wmi i IA^ d #43 ITW OF INTEREST — -- SB 172 - Title 291 Stuck Agaial Well, thanks to the calls, letters and help from lots of people, HB 172 took one stop forward this week. Senator Ferguson waived HB 172 in Senate CRA. However, the bill Immediately took another giant step backward - Senator Ray asked for, and received, a referral to his Judiciary Co>mitteet You will remember that SB 1 died in Senate Judiciary last year. We can't give uph Even though the House and Senate is meeting twice a day and over Memorial Day weekend, than is still a lot of work to do and rumor has it that the Legislature may be bare until Friday the first. Apply the heat! Too late for letters - call. -Swat* Judiciary Memberst &y, Josephson, Mason, Ziegler, and Pettyjohn. Alsos Saute President Rarttula and Governor Sheffield (who, incidently, has presumably put HB 172 back on his priority list - thanks). Operating Bndgats Us operating budget, HB SU, including that what now appears to be the most controversial issues - municipal assistance, revenue sharing, and school foundation, will probably be resolved this afternoon, Friday the 25th. Cruise Ohio Regulations Easeds Senator Stevens informed the League that the U.S. Customs Service is sid conering smanding Rule 19 C.F.R. $S 4.80 (a) to permit non-U.S. flag passenger ships to call on "as many U.S. ports and spend as much time in them as they wish". „All of the large cruise ships visiting Alaska are non-U.S. flag. Last year the" ships brought 115,000 visitors who spent over $46,000,000 while la our state", states the Senator in his letter. The Senator indicated the new sole would be adopted only if "a sufficient show of support" is received by the Customs Service by municipalities, businesses, and individuals by June 25, 1984. Send a letter or mailgram tos Regulations Control Board United States Customs Service 1301 Constitution Avenue, H.W. Roam 2426 Washington, DC 20229 For further questions, call Edvard Cable, Director, Carriers, Drawbacks and Bonds Division, U.S.C.S. at (202) 566-5732, or David Dye in Senator Stevens office (202) 224-4766. Legislative Bulletin A43 - page 2 SIGNED INTO LAW ; 00) SB 315 - Road Maintenance Areas: The Governor signed this bill Friday the 18th. SB 3" - ARR Acquisitions The Governor signed this bill Friday the 18th. RCR 52 - Coastal Camnunitiess The Governor sent this resolution relating to the poor economic condition of Alaska coastal communities to the Lieutenant Governor's office. FLOOR ACTION SB 366 - Fire Protection on State Lndss This bill passed the Rouse on Monday the 21st on reconsideration and was returned to the Senate. The bill was transmitted to the Governor. SB 527 - Property Tax Exemptions The Senate Finance committee substitute was amended to raise the limit from $150,000 to $200,000 and passed the Senate, 17-2. Transmitted to the Bougie. SB 549 - On= of Chances This bill was replaced Thursday the 17th with a Senate Finance Commiittee substitute and referred, with three "no recommendations" and three "do pass", to Rules. The bill allows the municipalities to collect a 1.5% gross receipts fee by ordinance to be administered by the Department of Revenual requires notification to a municipality by an operator; and a municipality may recommend to the Department of Revenue that the license was not granted for cause. The bill failed to pass the Senate Friday, 10-8, and Senator Aerttula gave notice of reconsideration. 88 542 - Refgse Disvosals The Senate approved and returned the bill to the Rouse on Monday the 21st. The bill was sent to the Governor. C@09T'1'E8 ACTION t BB 609 - State Bond Committees Senate State Affairs offered a committee substitute. Referred to Pinance. The substitute removes the municipal finance officer and public corporation members as proposed by the Hasse sad espands the committee's duties to review and recommend legislation affecting bonding. RB 679 - Municipal Bond Banks Race Finance passed the bill out with a majority "do pass". Referred to Rules. BB 707 - Lobbyins Ibis bill was replaced with a Sancta Finance Committee substitute Thursday, and was passed out with a majority "do pass". Referred to Rules. The substitute is better than the Rouse °j version. it still deletes reference to municipalities but clarifies conflict of interest and the definstiaa of lobbying. HB 722 - Major Projects F1mnd Advisory Votes The Rouse Judiciary Committee introduced and passed the bill �I this week. The bill would ask the "voters advice" on whether to approve the resolution which would then again ask the voters whether to amend the Constitution to create the Governor's major projects fund. The j bill failed to pass on the Howe floor Thursday, 17-21. Representative Liadauer gave notice of reconsideration. Lochs: moved to rescind their previous action killing RJR 57, but the Speaker ruled it out of order. SB 376 - Power Cost Assistance: Rowe finance moved this bill out again with some amendments. This bill has developed some controversy and has nov been linked with other energy -related legislation. The bill would subsidisme the utility rates for consumers in rural areas to equalize them with other urban area _ _ h rates. SB 375 - Land Disposal Managements Rouse Resources finally passed out a committee substitute for SB 375 an Monday the 21st. 8B 512 - ARR Managements Senate Finance passed out a committee substitute (letter of intent, Senate Journal V. 3221) Wednesday with four "do pass" recommendations and three "no recommendations". An attempt to put the ARR under WT/PF rather than Commerce and Economic Development failed. SB 531 - Alaska's Future Commissions The State Affairs Committee substitute passed the Senate Wednesday and was seat to the House. IMS&A unicip aI agHP vay, Suite 301 ;ka 99801 ; 6-13ZS op _._. LEq*1sLATIVE BULLETIN May 17, 1984 ITEMS OF INTEREST 1AIM I 442 Operating Budgets Municipal assistance, revenue sharing, and school foundation amounts were left open by the Conference Committee. The Committee was granted powers of limited free conference Tuesday for these and other areas of non -agreement. School foundation was left open when the committee met with the new powers Wednesday. Adams moved the House figure of 4%, stating that the difference could be made up by taking the lower House numbers in community programs for municipal assistance and revenue sharing. The Senate objected. Sackett pasRed out historical funding information on school foundation, indicating the Senate number was 97.2% of full funding (5.39b) as in past years. He indicated there wag a lot to talk about. Adams went on to may that municipalities should look at other state funding in Health and Social Services budget, child care, and grant programs. He said the municipalities should also look at capital project funding. He also suggested that communities look at their grants and accounting procedures. Differences in budgets for Military Affairs, Public Safety, DOT/PF, DEC, and DNA were resolved Wednesday. The CRA budget was discussed. The child care reimbursement payments were not funded at the Governor's requested level. Revenue sharing was left open after Adams moved the lower House figure and the Senate conferees objected. Administration, Law, Health and Social Services, and Flab and Came were heard Thursday. HB 14 • Permit Reforms The House failed to pass HB 14 Tuesday, 20-19. Objections were raised by the minority and the "bush" caucus. The reasons given were that Sheffield's Administrative Order 478 takes care of the problem in 016, insufficient review time, and favors applicants over the local communities. The League supports the permit reform concept including the Governor's program if substantial deference Is given local government and CRSA Boards. CSSJR 5 (Res) am - OCS Revenue Sharing: The Governor signed on May 15, 1984. It is now Legislative Resolve No. 53. c'Y L4:1 j�U ci7y��e OF KENal 195% i ..v. AN... .u.. r . Legislative Bulletin s42 - page 2 COMMITTEE ACTION BB 169 - Local Service Roads and Trails: The Senate Transportation Committee considered CSHB 169 (Fin) and recommended do pass. The Chair issued a letter of intent stating the LSR&T program should not be discontinued as recommended by the previous Commissioner of DOT/PF. The bill was referred to Finance. CSRB 512 (Fin) - ARR: Transportation Committee recommended SCS. The bill was referred to the Finance iCommittee. HB $58 - Local Service Roads and Trails: The Senate Transportation Committee reported this bill out with a do pass recommendation. A letter of intent is as follows: It is the belief of the co mlttee that a significant detractor from the Local Service Roads and Trails Program is the lack of maintenance provided for the projects constructed under the program. The committee recommends the department submit operational funding each year to maintain roads or trails built under the program to minimum standards of construction. The maintenance funding request should be commensurate with the construction funding each year. In addition, it is the Intent of the Senate Transportation Committee that DOT/PF reexamine the formula specified in 19.30.131 with respect to the new boundaries established by this act. HB 687 - Fire Prevention: The Finance Committee reported out this bill with a majority of the committee recommending do pass. The bill was sent to Rules. C i SB 366 - Fire Protection: Passed out unrecomended of Rouse Resources Monday. CSSB 375 (Rea) - State Land Disposal: The Finance Committee recommended a committee substitute and the bill was referred to Rules. RCS SB 519 (Fin) - State Support for Education: Conference Committee appointed: Adams, Bettisworth, and Duncan for the louse and Sackett, Bennett, and Vic Fischer for the Senate. SB 527 - Motor Vehicle/Senior Citizen Tax Exemptions: The Finance Committee recommended a committee substitute and the bill was sent to Rules. 1 r� 1120 Northwest Washington DC Inenmim t�temaaggafl mw AssodaOw (I April 1984 TO: All U.S. Mayors Now o(Ifo; Vic Area Code 202 M-4" 6�Q910tip" 41i It FROM: William H. Hansell, Jr., Executive Director International City Management Association REs ICMA Endorsed Public Officials Liability Insurance Program Dear Mayors In this time of ever increasing litigation, when our cities and counties must operate under strained budgets and new standards of strict liability are being dictated by the courts, there is a critical need for Comprehensive Public Officials Liability Insurance. As a former City Administrator appointed by mayors in Allentown, Pennsylvania I know how deeply this concerns elected chief executives. ICMA as a service to its members, and the public sector in general, has contracted the services of insurance experts to identify and/or create comprehensive insurance coverages for public servants. Our insurance coverages have evolved into the most comprehensive and effective in the insurance industry today. we invite you to consider participating in the ICMA Public Officials Liability Insurance Program. We have contracted with Markel Service, Inc. of Richmond, Virginia, a nationally recognized expert in specialty insurance programs, to underwrite and administer coverages for public officials, school boards and police officers. The insurance companies they use are highly rated in the industry and are recognized for their stability and effective management. Enclosed with this letter is their sales brochure for your consideration. Please take the time to review this material with your insurance staff or local agent. Completion of the application is all that is needed in order to receive a prompt quote. Sincerely, ) PA,rt,M- R 17 7 William H. Han sellJr., Executive Director International City Management Association Washington, D.C. I hlFo Olt t ^C City of Kenai P .0. Box 580 Kenai. Alaska 99611 j May 23. 1984 83.10013K Project: Kenai Municipal Airport Ramp Overlay & Itinerant Aircraft Parking ADDITION ENGINEERING SERVICES Inspection Technician 5.0 JHrs @ $43.37/hr: $ 21!,.85�� Senior Technician 10.5 Hrs @ $48.20/hr. 506.10 3-Man Survey Crew 24.0 Hrs @ $111.00/hr.'� 2,664.00 ` 3-Man Survey Crew 2.5JHrs O.T. @ $133.20/hr. 333.00-� Expenses + 10% 182.29" iL $3,902.24' t � 1 f � •17 i l' r'1 •srrlvlr.-»<•wr.rt.A City � ...w.� ...w++w.+w.+.�..r�.wgq-ul► ! of Kenai 1 P.O. Box 580 wnv.sL�rsWo+u.....,�w...s.,.e.,..•,,.rs.w....I�»..�..�.�,...M Kenai, Alaska 99611 -- May 30, 1984 (Revised) iU a. = 83.10013K Project: Kenai Municipal Airport Ramp Overlay & itinerant Aircraft Pa Ht i ng ' ENGINEERING SERVICES Inspection Technician 3.5Jfirs @ $43.37/hr. $ 151.80' I w Draftsman 2.0 firs 0 $33.76/hr. 67.52' J (s' Senior Draftsman 18.5 firs O $38.56/hr. 713.36 ' , Senior Draftsman 3.0 firs O.T. U $46.26/hr. 138.81 Senior Technician / v 35.0 firs @ $48.20/hr. 1,687.00 ' Geologist 8'y lfirs 1? $48.20/hr. 397.65 " Geologist_ (Lab Analysis) 4.0 :irs@ $48.20/hr. 192.80 ## Project Engineer 3.0 firs 9 $57.84/hr. 173.52 Senior Engineer 22.0 firs $67.48/hr. 1.484.56 Expenses + 10% 75.74` .I i PA Y ESTIMATE c i r Y of I I A I N 1vF0 c t n Y'."... 0 E. . v �; 1. '1 , c Y. 1, 1 1,!) Contr3CtOr vi Address Bux 356 Soldotna, (j Project No. 8315-CONST, Phgne 262- 51,35 N., r i (i d From 3/I/84 to 5/4/84 AN'ALYSIS 01' ADJUSTI-11) CONTRACT AMOUNT TO DATH (D Original contract airiourit 53,273.00 Not change by change orders Adjusted contract amount to dates 00 ANALYSIS 01: WORK C011pl,p (D Original contract work completes! Additions from chard;(.. orders completed Naterials stored at cirije of 0 Tot2l carnedo 0, 4 (D 55,150.80 1-11% Less ret'.1111.1-C of -0- -0- 0 Total corned c (D (D 55,156.80 o—* Less afflotint of previous pa Vill 51,11, 96 U) Salatice 'Jue this payment 3,574.144 Contr:wtor 9 NFO carmen vincQnt gintoii, architect box 4625 professional building suite 110 ena , aiaska 99611 907 283-7732 May 30, 1984 �.f City of Kenai 210 Fidalgo Nth �;1aUA�' Kenai, Alaska 99611 t�s114 Attention: Keith Kornoiia, Director r, Public Works Department Re: invoice for Architectural Services Kenai Police Department Design Development Phase PHASE FEE BILLED Schematic Designs $8,520.00 $8,520.00 design Development $8,520.00 $8,620,00 Contract Documents $16,336.00 -0- Bidding $1,704.00 -0- .fir-�rfvfiy,►-11f4lusslbfalafffYRif,-t'Otr/c�p� Observation $6,90010�` y) -0- FEE THIS INVOICE Due this Invoice Previous Earned Total Earned Less Payments Due REIMBURSABLE, Fire Marshal Plan Review Total Duo This Invoice i , i i 1 RECEIVED $8,620.00 -0- -0- -0- -0- II.520.00 8 52A.00 � 8.520.00 11 04A.00 8 520.00 $8.520.00 v W fo I ' ` ...�..._F .. ^^.-"u�Y'r-1 ,_-+�.r, .= nr dmr...- ... r � r ; : at _ _ — _ _ rF-;: r. _ -r, - _ � _ -. �;.-.^..- r+ . ..��r+- �-�•-c�r. - --.4-. . 16��..... r"1 carman vincent gintoli, architect box 4625 professional building suite 110 kenai, alaska 99611 907 283- 7 732tea May 30, 1984 Ks� ;1 79t= City of Kenai 210 Fidalgo Kenai, A1am 99611 ."'•" �j"` • ,I Attention: Keith Kornalls, Director t Public Works Department �R; Re: Invoice for Architectural Services ' V Kenai Community Library Design Development Phase ; XX , PHASE FEE BILLED RECEIVED Schematic Designs $9,336.00 $9,336.00 $9,336.00 Design Development $9,336.00 $9,336.00 .0- Contract Documents $16,804.80 -0- -0- Bidding Phase $1,867.20 -0- -O- y 6servation $7,600.00 -0- -0- I11, FEE THIS INVOICE `' }� �0 v."y $9,336.00 Due This Invoice 9.336.00 j Previous Earned 9 336,00 i Total Earned $18,672.00 1 Less Payments $9,336.00 1 Due 9 336.00 jl REIMBURSABLE: - ! State Fire Marshal Plan Review +'0. Total Due This Invoice BE-- J I CITY of KENAI Alto 17 110.1104 0,110 M-NA1, ALASKA9061I PHOFYI 10011 283 70:10 PUBLIC NOTICE Notice is hereby given that the Kenai Advionry Planning d1 Zoning Commission will conduct a public hearing on the proposed "Signs and Advertising Devices" ordinance. This ordinance is proposed as a revision to the existing sign regulations of the Kenai Zoning Code. It is anticipated that a revised sign ordinance will be adopted after July 1, 1984. Public Hearing on the proposed "Signs and Advertising Devices" ordinance will be held by the Kenai Advisory Planning b Zoning Commission at its regularly scheduled meeting on Wednesday, June 13, 1904 commencing at 7sW pomp in the Kenai City Hall Council Chambers, Kenai, Alaska. Copies of the proposed "Signs and Advertising Devices" ordinance are available at Kenai City Hall during regular business hours Monday through Friday, OsOQ a.m. to 500 p.m. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comment to the City of Kenai Planning Commission, 210 Fidalgo, Kenai, Alaska 99611 prior to June 13, 1984. For additional information concerning this ordinance call 283-7933. PU9LI§Ms 3X Peninsula Clarion - June 6, June 7, June 12 i f I • I R r I I Wo -*Ie CITY OF KENAI Oapd4d aj 4""' 210 FIDALQO KENAI. ALASKA M11 TELEPHONE 283.7535 June 1, 1984 MEMORANDUM TOs Kenai City Council FROMs Jeff Labahn, Land Manager RE: Draft Landscaping Ordinance The attached "Landscaping Development Reaui-?ments" draft has been submitted to the Planning and Zoning Commission, Parks and Recreation Commission and the Beautification Committee for review and comment. I anticipate that a draft ordinance will be scheduled for public hearing by the Planning and Zoning Commission at their second meeting in June. Any comments by Council would be considered during this review process. JL/dg Di:FlO 714 A Landscaping -Development Requirements .,.... . ""b - JV�6SPl� I A. Intent It is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance. maintain or increase property values. and reduce erosion and storm runoff. B. Application This section shall apply to all commercial development within the City of Kenai. "Commercial development" shall be defined as any construction or improvements exclusive of residential. or industrial activities, irregardless of the zone in which it is located. C. Site Plan A landscaping plan, include the proposed development of the property, shall be prepared and submitted in compliance with this section. The landscaping plan shall be submitted as part of the application for building permit to the Building Official. The plan shall be drawn to scale and all existing and proposed vegetation shall be labeled accordingly. 1. Existing Plant Material: All trees, shrubbery, or other existing vegetation which will be retained as part of the commercial development shall be identified by common and botanical name. Approximate height and caliper must also be included. 2. Landscaping Material.- Any landscaping material to be established as part of the commercial development shall be identified by common and botanical name, caliper, installation height and maturity specifications. A typical planting detail shall also be included D. Performance Bond The developer shall submit to the City a bond in an amount sufficient to guarantee installation of the required landscaping. The bond amount shall be based on a bid submitted by a competent landscape contractor. Said bond must be submitted prior to the issuance of a building permit for the commercial development. The required landscaping must be installed within nine (9) months of the date of final inspection ur issuance of certificate of occupancy, whichever is later. In the event of performance default. the City may use the bond to complete the landscaping. LANDSCAPING REQUIREMENTS Page 2 E. Landscaping Requirements A landscaping plan shall include the following elements: 1. Perimeter landscaping: a ten (10) foot buffer shall be required along all constructed rights -of -way and lot lines abutting non-commercial properties 2. Interior landscaping: All entrances to the site development shall be landscaped with small shrubs, ground material, decorative rock or similar materials. Driveways or access roads within the site shall be landscaped with appropriate street trees. 3. Parking lot landscaping: Parking lots shall be landscaped along the perimeter of the lot as well as within established islands within the lot. Five (5) percent of the gross parking area shall be devoted to landscaping. F. Landscaping Standards Installed landscaping must conform to the following minimum standards: 1. Evergreen trees must have a minimum height of six (6) feet at time of planting. Deciduous trees shall have a minimum caliper of two (2) inches. All trees must be installed not more than fifteen (15) feet apart and in rows not more than five (5) feet apart. STreet trees shall be planted a maximum of thirty (30) feet apart along the right-of-way. 2. Berming and planting area must be at least ten (10) feet in width and shall be planted with at least one row of shrubs not more than five (5) feet apart. G. Definition: "Landscaping" means the treatment of the ground surface with live planting materials. including but not limited to. trees, shrubs. grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. JBL:jl 5/84 i • r if CITY 4F KENAI "Oil G'ap" 4 4"" 210 SDAL00 KENAI, ALABKA 56611 TELEPHONE 283. MS June 1, 1984 MEMORANDUM TO: Kenai City Council FROM: Jeff Labahn, Land Manager REs belegation of Zoning Power to City of Kenai The Borough Assembly has introduced an ordinance to formally delegate the zoning power to the City of Kenai. Pending ordinance enactment by the Assembly at their next meeting (June 5th), the City will assume the zoning responsibility on July 1, 1984. JL/dg r a I I I 1 I 1 1 1 J I /' ..W .i...1 ... n.-, In-.roc;uced b7: I'layor UdLt!: :'lity U, 1104 Hearing,: June 5, 1984 Vote: Action: KENAI PENINSULA BOP.OUGH ORDINANCE 84-40 DELEGATING TO THE CITY OF KENAI THE POWER TO PROVIDE ZONING REGULATION WITHIN THE CITY, AND REPEALING KPB 21.76. WHEREAS, under the authority of AS 29.33.070(b)(2), the Kenai Peninsula Borough has enacted KPB 21.01.020 providing that the Assembly will delegate power to provide zoning regulations in a city if requested by resolution of the city council; and WHEREAS, the City of Kenai has adopted Resolution 84-1 requesting that the Kenai Peninsula Borough Assembly delegate to the City of Kenai the power to provide zoning regulation within the city; and WHEREAS, the City of Kenai has adopted Ordinance 925-84 which, creates Title 14.20 in the Kenai City Code of Ordinances to regulate zoning within the City of Kenai; and WHEREAS, the provisions of KPB 21.76 providing for regula- e-` tion of zoning within the City of Kenai will not be required for �- that purpose after the delegation of zoning power to the City of Kenai; NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That pursuant to the authority contained in AS 29.33.0-/O(�(Z*), the Kenai Peninsula Borough Assembly hereby delegates to the City of Kenai the zoning powers conferred the Kenai Peninsula Borough by AS 29.33. Section 2. That KPB 21.76 is hereby repealed. Section 3. That this ordinance shall take effect at 12:01 a.m. on July 1, 1984. ENA::,TED BY THE ASSE:BLY OF THE KENAI PENINSULA BOROUGH OI: THIS DAY OF 1984. Joseph G. Arness, Assembly President AT ='ST: L L. KENAI PENINSULA BOROUGri 7' BOX 850 • SOLDOTNA. ALASKA 99669 PHONE 262.4441 -�1i/• .��'� , STAN THOMPSON MAYOR MEMORANDUM #84-84 TO: Cy r Stan Thompson, Ma or ( Joe Arness, Assembly President Kenai Peninsula Borough Assembly THRU: G. S. Best, Planning Director FROM: Stephen L. Cervantes, Senior Planner DATE: May 1, 1984 jSUBJECT: Transfer of Zoning Power to the City of Kenai { On January 4th the City Council of Kenai passed a resolution i requesting the Borough transfer the zoning power over to the City. ( City and Borough Staff met numerous times in January to put I together an acceptable zoning ordinance for the City of Kenai. The ordinance is basically the same as the present ordinance. However, cosmetic changes were made to make the ordinance easier to read. Other changes include wording changes such as deletion of the Borough Planning Commission and insertion of the Kenai Advisory Planning Commission and transferring the Planning Directors responsibilities to the City Manager. Also sections were included on how to initiate a rezone, public hearings property owner notification etc. On March 28 the Kenai Advisory Planning Commission held a public hearing on the proposed zoning code. No public testimony was given. The Commission unanimously approved. On April 18th the Kenai City Council held a ppublic hearing on the proposed zoning code. The Council adopted the new zoning code to become effective July 1, 1984 or as soon thereafter as the Borough transfers the power. - - On April 23rd the Borough Planning Com=ission held a public hearing on the transferring of the zoning power to the City of Kenai. No public testimony was given. The Commission unanime--ly approved the transfer of zoning power and the deletion of Chapter 21.76 free the zorough Code to become effective on July 1st. �9 (1 •y ,,�. _ � - t. •`-.. bra. •r t, j�•' a A KENAI SENIOR CENTER 361 SENIOR COURT, PHONE1 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY i LEGAL 2 SHOPPING J UkIE8 KENAI MOVIE 3 4 5 6 7 8 9 CENTER SHOPPING SWIMMING BINGO SHOPPING OPEN SOLDOTNA KENAI WOODSHOP BIBLE SHARING 13 P MOV I E 15 16 10 11 12 CENTER WILDLIFE SHOPPING SWIMMING S PING OPEN REFUGE SOLDOTNA A WOODSHOP. HEARING I TESTS SOCIAL U I 21 2 17 is 19 20 23 SHOPPING �• CENTER SOLDOTNA it IN BINGO SHO P OPEN KENAI BBQ W00 SHOP MCDONALDS BIBLE SHARING BINGO 26 27 24 25 28 29 30 CENTER SHOPPING SWIMMING SHOPPING OPEN MYSTERY SOLDOTNA KENAI TRIP WOODSHOP TRIP TO HOMER DIRECTOR'S MESSAGE MY GOODNESS ... WE HAVE BEEN IN THIS BUILDING FOR ONE WHOLE YEAR! AND IT JUST KEEPS GETTING BETTER AND BETTER. KEEP WATCHING DURING THE MONTH OF JUNE FOR THE OPENING OUR BINGO GAME OVER IN FORT KENAY. WE WILL BE LOOKING FOR MANY VOLUNTEERS TO HELP RAISE MONEY FOR THE OPERATIONS OF THE SENIOR CENTER. ED COSTA, IS CHAIRMAN OF THE BINGO COMMITTEE... THE SOLDOTNA LIONS CLUB HAS DONATED MOST OF THE BINGO EQUIPMENT AND IS OFFERING A BIG HAND IN GETTING US STARTED. THE CHUGIAK SENIOR CENTER WILL BE HAVING THEIR GRAND OPENING OF THEIR NEWLY EXPANDED APARTMENTS AND HEALTH SERVICE WING ON THE 16TH OF JUNE. YOU ARE ALL INVITED TO THEIR OPENING CEREMONY AT IPM. WE HAVE PLANS TO MAKE A TRIP UP DURING JULY TO TOUR THEIR NEW FACILITY. WE ARE SELLING RAFFEL TICKETS TO HELP THEM FURNISH THEIR NEW ADDITION. TICKETS ARE $5.00 EACH AND THE GRAND PRIZE IS A 1983 PICKUP AND 2ND PRIZE IS $1,000 CASH! WE WILL HAVE TICKETS AVAILABLE UNTIL THE STH.....BE SURE TO GET YOURS! WOULD YOU LIKE TO GO 'riALIBUT FISHING? A SPECIAL RATE FOR SENIOR CITIZENS HAS BEEN WORKED OUT FOR $50.00 ON A CHARTER BOAT INCLUDING SIGHT SEEING...IF WE CAN GET FROM 6 TO It PEOPLE THE BOAT CAN GO SAILING ON THE BAY!!! THE DIABETES ASSOCIATION IS STARTING A NEW CHAPTER ON THE PENII4SULA... WOULD YOU LIKE TO BE A MEMBER OF THIS GROUP? CONTACT ED COSTA AT 262-1056 OR LET US KNOW IN THE OFFICE. SHARON KINLEY, HEARING AID SPECIALISTS FOR ALASKA AUDIO SERVICES, WILL BE IN THE CENTER AT 10:30 AM ON THE 12TH OF JUNE TO GIVE FREE HEARING TESTS. THEY ARE IN THE BUSINESS TO SELL HEARING AIDS, HOWEVER THIS WILL NOT BE DONE THROUGH THE SENIOR CENTER. FREE HEARING TESTS AND MINOR REPAIRS WILL BE DONE FOR NO CHARGE AT THE CENTER. IF AT ANY TIME YOU HAVE ANY QUESTIONS AS TO THEIR SERVICES PLEASE LET ME KNOW. ALASKA LEGAL SERVICES WILL BE RESUMING THEIR MONTHLY SERVICE TO SENIOR CITIZENS ON THE 1ST OF THIS MONTH. EACH OF YOU HAVE A WONDERFUL JUNE AND REMEMBER TO TAKE JUST ONE PERSON HAPPY....... PAT SENIORS CELEBRATING_SIRTHDAY'S JESSIE AINSWORTH 23 PAUL SHADURA $ HELEN HARGIS 9 CASEY JONES 26 HELEN KNIGHT 5 ARCHIE WHEELER 29 FICOLA WILSON 30 ELEANOR KIEL 20 FLORENCE SAVAGE 28 ROSE LABAREE 19 NELL SCOTT 6 GENE MADISON 15 ESTHER PETEET 27 BILLIE GILLILAN 3 ELSIE HANDLEY 18 HELEN WYNKOOP 5 JEWEL MONTGOMERY 10 NELLIE CALLAHAN 4 ELSA AND NICK WEILER 15 JO AND DON SEELINGER 25 HILMA AND STANLEY HERMAN 26 URBAN AND DELORES FRIENDSHUH 11 SYLVIA AND DON JOHNSON 9 WALLY AND ELSIE SIDBACK JOHN AND MAE HAKALA 7 FRED AND NAOMI ANDERSON 3 EVDELIA AND CALIXTO GONZALES 19 MARY AND DAN FURLONG 30 PLAN ON GOOD WEATHER, NICE COMPANY AND A ALL AROUND PLEASANT DAY. COST OF THE TRIP WILL BE $5.00 AND REMEMBER TO BRING MONEY FOR LUNCH. WE WILL LEAVE AT SAM AND RETURN ABOUT 5PM. PLANS ARE TO VISIT SOME POINTS OF INTEREST ON THE WAY. TRIP TO VALDEZ WE HAVE SEVERAL SPACES STILL LEFT FOR THE TRIP TO VALDEZ. COST OF THE TRIP IS $175.00 PLUS YOUR OWN MEALS. THE TRIP IS FOUR NIGHTS AND SSIX DAYS. LEAVING ON THE 9TH OF JULY. THE LAST DAY TO SIGN UP WILL BE ON THE 20TV OF JUNE..... I - _.- I UNDERSTAND THE AARP MIGHT BE HAVING -'--WONDERFUL PROJECT TO WORK Ml.... YOU .LL HAVE TO GO THEIR MONTHLY POTLUCK MEETING TO FIND OUT ALL THE SCOOP! POTLUCK STARTS AT 6PM IN FORT KENAY ON THE 7TH OF JUNE. WE HAVE BEEN WORKING QUITE HARD AT GETTING A DISCOUNT BOOK PUT TOGETHER FOR AVAILABLE DISCOUNTS FOR SENIOR CITIZENS. WE HAVE CONTACTED 90 PLACES OF BUSINESS, IN OUR LOCAL AREA, WHO ARE WILLING TO OFFER SOME TYPE OF DISCOUNT AND HOPE TO HAVE IT READY TO PUBLISH IN JULY.... PLEASE REMEMBER TO FILL IN YOUR VOLUNTEER TIME SHEET WHEN YOU DONATE ANY TIME TOWARDS HELPING OUT AT THE CENTER. DURING SEPTEMBER WE WILL BE ,,EtAVING A VOLUNTEER DINNER TO THANK �U FOR THE MANY HOURS OF CARING FOR -&HERS... . IN THE JUNE ISSUE OF GOOD HOUSEKEEPING THEY HAD A MEDICAL CHECKUP LIST FOR ALL DIFFERENT AGE GROUPS AND I WOULD LIKE TO SHARE THE CHECK UP LIST FOR AGED 61 AND 70. YOU SHOULD SEE YOUR DOCTOR EVERY YEAR. IN ADDITION TO A HISTORY AND PHYSICAL EXAMINATION, THE FOLLOWING TEST SHOULD BE PERFORMEDs BLOOD GLUCOSE (EVERY 2 YEARS) BLOOD UREA NITOGEN (ONCE IN 10 YEARS) CHEST X RAY (ONCE IN 10 YEARS) COMPLETE BLOOD COUNT ELECTROCARDIOGRAM (TWICE IN 10 YEARS) MAMMOGRAPHY PAP SMEAR (EVERY 3 YEARS) PROCTOSIGMOIDOSCOPY (EVERY S YEARS) TEST FOR BLOOD IN STOOL TONOMETRY (EVERY TWO YEARS) s 1R I NALYS I S -,MEMBER THAT YOUR HEALTH IS UP TO YOU .... TAKE CARE OF YOUR SELF ... THE BEST KIND OF MEGICliNE i3 FR.EVGW.IVE! IT'S THAT TIME OF YEAR AGAIN ... TIME TO COME TO THE CENTER AND ENJOY YOUR STEAK COOKED OUTSIDE ON THE SSG! EITHER BRING YOUR OWN OR GIVE $5.00 IN THE OFFICE FOR US TO PURCHASE ONE FOR YOU. THEN JUST BRING A DISH TO SHARE WITH THE REST OF THE GANG! THE GRILL WILL BE READY AT 6PM. ON THE 23TH OF JUNE WE WILL HAVE OUR FIRST MYSTERY TRIP...COST IS TO BE $22.50 FOR THE TRIP AND YOUR LUNCH. LEAVING THE CENTER AT 9s3OAM AND RETURNING ABOUT 4s3OPM. SIGN UP WILL BE CLOSED ON THE 21ST.... REMEMBER THIS COST INCLUDES YOUR LUNCH. WE HAVE FREE TICKETS AVAILABLE FOR THE FUNTASTIKA CONCERT ON THE 3RD OF JUNE. THE DAILEY BROTHERS CIRCUS WILL BE IN TOWN ON THE 9TH OF JUNE AND THE CENTER HAS BEEN GIVEN ALOT OF TICKETS FOR THEIR SHOWS. IF YOU WOULD LIKE TO GO TO EITHER ONE OF THESE EVENTS JUST DROP BY THE OFFICE...AS LONG AS WE HAVE THEM YOU CAN SURELY HAVE ONE, OR TWO! WE HAVE LONGEVITY BONUS APPLICATIONS AVAILABLE AT THE CENTER, IF YOU ARE 65 YEARS OF AGE AND HAVE LIVED-IN THE STATE FOR ONE YEAR IMMEDIATELY PRECEDING YOUR APPLICATION YOU COULD BE ELIGIBLE TO RECEIVE $250 EXTRA geQH i MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY' 1 FRENCH DIP POTATO SAP —I COLESLAW CHERRY PIE 4 FRUTO PIE S CHICKEN TAHITIAN 6 HALIBUT 7 SPAGHETTI 8 EGOS &POTATOES CORN MUFFIN FRIED RICE BROCCOLI SALAD TOSSED SALAD GRITS&BACON 3 BEAN SALAD WITH ALMONDS BAKED POTATO GARLIC BREAD CRANBERRY MUF. MAN. ORANOES BAKED TOMATO ZUCCHINI BREAD PEAS FRUIT COOKIE RAISIN PIE RICE PUDDING FRESH FRUITS TOMATOE JUICE HOT ROLL 11 TURKEY DIVAN 12 CHICKEN PARIEW13 MANICOTTI 14 K410&LIM4 BEANS 15 BBO SPARERIBS MASHED POTATOES O'BRIEN POTATOE GREEN SALAD SLICED TOMATOES BAKED BEANS MOLDED SALAD CABBAGE GARLIC BREAD CORN BREAD PEA SALAD D114NER ROLLS CITRUS FRUIT ICE CREAM WITH CHOCOLATE CHIP HOT ROLLS PUMPKIN PIE DINNER ROLL FRUIT COOKIE PINEAPPLE CHOCOLATE PUDD. DESSERT 18 CHICKEN FRIED 19 BAKED SALMON 20 21 TUNA NOODLE CAS 22 CHICKEN SALAD STEAK RICE PEAS FRESH MELON CABBAGE/APPLE GREEN BEANS BIRTHDAY CRANBERRY SAL. CINNAMON ROLL NOODLES PARMESAN HOT ROLLS PARTY SISUIT STRAWBERY PIE WHEAT BERRY ROLLS SPICE CAKE BLUEBERRY PIE POUND CAKE/FRUIT FRUIT CUP 25 POTATO SOUP 26 PEPPER STEAK 27 CORN CHOWDER 28 YANKEE POT ROASf 29 LASAGNA TURKEY SANDWICH ONIONS/PEAS CHEF SALAD CARROTjPOTATOE, GARLIC BREAD PINEAPPLE $LAW DUCHESS POTATOE SOUR DOUGH ROLL CELERY TOSSED SALAD SLICED PEACHES WW ROLLS SHERBET WALDORF SALAD PINEAPPLE TAPIOCA PUDDING DATE EAR HOT ROLL CAKE PEANUT B. cooKli CHEESECAKE/CHERRY KENAI SENIOR SERVICE 361 SENIOR COURT \ KENAI, ALASKA 99611 i f ,y I i S THIS NEWSLETTER BELONGS TO............ II O r C 0 0 JUNE 1984 1� , U A � , I j A , • i 1 U KENAI PENINSULA BOROIIGII RLGULAR ASSEMBLY MELTING MINUTES MAY 8, 1984; 7:30 P.M. BOROU(II ADMINISTRATION BUILDING SOLVOTNA, ALASKA - A G I: N D A - Pale N�). A. CALL. TO ORDL►t l B. PLEDG1: OF ALLLGIANCI: 1 C. INVOCATION: Assomblymember Carey I D. ROLL CALL, 1 L. VACANCY, DL:SIGNATION Olt SEATING OF ASSEMBLYM1214BER 1 G. APPROVAL OF MINUTES OF April 17, 1984 1 Approved C. COtIMITTIX ItYPORTS (a) Finance (Crawford, Carey, Corr, Dimmick, Glick) 1 (b) Pubiic Affairs (Sewall, McGahan, Stephens, Douglas, Dale) I (C) liducation (Keene, Walli, Skogstad, Nash) L (d) Legisi,itive (Dimmick, Arness, .lean, Nash, Crawford, Sewall, Keene, Glick) I Ic) Arnal River (Dale, Corr, Dimmick, Glick, .leaf,, I4cGahan, Stephens) 1 (I) Wabte Disposal (Jean, Stephens, Carey) 1 If. AGIiNDA APPROVAL AND CONSENT AGENDA (d) lies. 84.87 "Granting an Basement Across oroug ands to Homer Electric Association to Install Underground Lines Near Soldotna Junior High School" 2 Adopted (b) Resolution "Declaring May 19, 1984 as Walk for Kids Day in Support of the First Annual Walk for Kids for the Kenai Peninsula Community Caro Center" (Dimmick, Douglas, Jean) 2 Adopted 1. ORDINANCE. HEARINGS (none) .1. I141'RODUCI'ION 01: ORDINANCES (a) Ord. 84-33 "Appropriating Funds for the Borough of s Fiscal Year 1984-85" (Mayor 3 Set hear (b) Ord. 84-34 "Making Appropriations to the Service T,reas n tlto Borough for Fiscal Year 1984-85" 4 Set Bear (Mayor) (c) Ord. 84.35 "Authorizing the Receipt of Various l,raitsirom the State of Alaska Totalling $1,000,000 From Chapter 22 SLA 1984 and Appro- priating the Funds to Service Area and Project Accounts" (Mayor) 4 Set hear (d) Ord. 84-5o "Authorizing the Receipt of Various Ur -ants the State of Alaska Totalling $3,500,000 from Chapter 24 SLA 1984 and Appro- priating the Funds to Project Accounts" (Mayor) 4 Set Ilear (e) Ord. 84-37 "Amending K118 21.10.010 'C' to Allow T r e'TT Tess Than One Acre in Size to be Rezoned tv Conform to the Land Use Plan" (Mayor) 4 Set Hear (f) Ord. 84-38 "Rezone of 26 Areas Within the City e owara" (Mayor) 4 Set llear 'YJ (g) Ord. 84-39 "Appropriating $30,000 from the Unde- s gn'i nateTc F nd Balance to f:stablinil it Contingency for the North Peninsula Recreation Service Area Capital Projects" (Mayor) •1 Set boor (h) Ord. 84-40 "Delegating to the City of I:enei the ewer to rovide Zoning Regulation Within the City, end Repealing K11I1 71.70" (Mayor) 4 t 11.•.,1 K. CONSlDliRATION 01: RESOLUTIONS 1 ) Res. 84-82 "Authorizing Award of Contract to F—urfTeerTs Unlimited for the Kitchen/Storage Remodel Project at Bartlett Elementary/Iligh School and Transfer of $35,500 of Capital Improvement Funds to the )'reject" (Mayor) i Adopted (c) lies. 84-83 "Approving the Award of a Contract or t e onstructIon of Feuding Lane to Conk Inlet Construction Company" (Mayor) 5 Adopted (d) lies. 84-84 "Authorizing a Contract with Trans -Alaska Engineering for the Construction Inspection of Feuding Lane" (Mayor) 5 Adopted (a) Res. 84-85 "Approving a Contract with David b1. r t and Associates, Ltd., to Prepare a Central Services Cost Allocation Program for the Kenai Peninsula Borough" (Mayor) 5 Adopted ; (f) lies. 84-86 "Transferring $5,000 from the Assembly Contingency Account to the Special Travel Account" (Arness) 5 Adopted (g) Res. 84-89 "Urging the Department of Envirun- mental Conservation to Maintain Present Standaids for the Acceptable Levels of Air Pollution Within the Kenai Peninsula Borough" (Dimmick) b Postpnd L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting) WOrd. 84-15 Pstpnd to 5-15 Ord. 84-19 Ref to P.C. 5 Ken Riv Cmte. Hear 5-15 (c) Ord. 84-28 Hoar 5-1S (d) -Ord. 84-29 Hear S-IS (e) Ord. 84-30 Hear 5-15 (f) Ord. 84-32 Hear 5-15 (g) Ord. 84-1 Ref Cmte; 1-3 Retn 6-5 6 (h) Ord. 83-92 Ref Plan Cmsn 12-6 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE N. MAYOR'S REPORT (a) Kalifonsky Fire Service Area Petition 7 (b) Carpet Replacement, Various Schools 8 (c) Moose Point Land Sale 8 (d) Central Peninsula Hospital Board Appointment 8 (e) Radio Broadcasts 8 (f) Assembly Photographs 9 (g) Ridgeway Fire Chief (title) 1 (h) Soldotna H.S. Beam Report 1 t� (i) Administr,stion Building Visit 9 (j) Road Funding 9 , �tl'111:It g11.�1N1.:+S (u) Has. 84-30 "Adopting Procedures Governing Assembly Travel and Other Procedures as Contained in the Assumbly Manual for 1984 as Revised on December 20, 1983" (Uimmick, Logislative Cmto.) Adopted with Notice of Reconsideration by Arness 9 No Rcn (b) Ord. 84-24 "Amending KPB 1.20.020 to Modify Procedures for the Approval and purchase of Furniture and Equipment for Now Schools or Capital Improvements" (Education Cmte.) Enactod with Notice of Reconsideration by McCahan 9 Rcn Fld 1'. ASSIXULY AND MAYOR'S COMMENTS 10 Q. PUBLIC COMMENTS f, PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA R. INFORMATIONAL MATERIALS AND REPORTS 3. NOTICH 01' NEXT MEETING AND ADJOURNMENT (May IS, 1984) 11 It i " r d" n •f KLAA1 IIENINSULA BOROUGH 141,G LAR ASSLi BLY M1:1i1'ING M1NUTLS MAY 8, 1984 ; 7 : 30 I'. M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The rc;;ular meeting was called to order by Pres. J-pe Arness foll•-wing ."djuurnment of the Buard of Equalization at approximately 8 p.m. Is. 01: ALIX61ANCE C. INVOCATION The invocation was given by Assembly Member David Carey as the scheduled minister was III and could not attend. 1). ROLL CALL PRESENT; Assemblymembers Jean, McGahan, Nash, Sewall, Skogstad, Stephens, Walli, Arness, Carey, Corr, Crawford, Dale, Dimmick, Douglas, Glick; Mayor Thompson, Atty. Boedeker, Finance Director Barton, Assessor Thomas, Maintenance Director McCloud, Deputy Borough Clerk Brindley EXCUSED: Assemblymember Keene E. VACANCY, IW SIGNATION OR SLATING 01: ASSEMBLYMEMBER F. APPROVAL 01: MINIJUS The minutes of the April 17, 1984 meeting were approved by unanimous consent as presented. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Corr, Dimmick, Glick) Pr. Cr:,wford stated the committee did not meet formally due to tc,e worksession on the budget. Ile noted the worksession would be continued on May 22 at 7 p.m. and the next committee meeting would be prior to the May 1S meeting. (b) Public Affairs (Sewall, McGahan, Stephens, Douglas, Dale) ?fr. Sewall reported the committee met and considered Res. 84-83, 84-84, and 84-85 and recommended passage of all three. (c) Education (Keene, Walli, Skogstad, Nash) Mr. Keene was absent and no committee meeting was held. 1•I) Lel;islativc (Diuuulck, Arness, Jean, Nash, Crawford, Sewall, Keene, Glick) Ars. Dimmick reported referred to letters sent by the committee and answers received from legislators. She stated they would next meet on Tuesday, May IS at 2 p.m. She reported the Title 29 bill seems to be stalled as of Friday, the utility relocation bill could return, and the Kenai River bill has become entangled with the railroad purchase so that it decision needs to be made concerning a trip to Juneau. (e) Kenai !fiver (Dale, Curr, Dimmick, Glick, Joan, AcGahan, Stephens) Mr. Dale reported the committee met and discussed SB 417 which has moved out of Senate Finance Cmte. and Is in Rules with no floor action scheduled as yet. Recreational subdivisions were discussed further and it <,cnaral land use management plan for the river. He invited any - 1 - 0 = M _ I ii i 1 QNA! PI:Nt is u, . :::iwiiuii MOLFaSLI RIA;ULAR MLETING OF MAY h, 19ii.l interested members to join the committee In a canue I'Io;,t down tl,e river to gain a first hand view of activity along; tl,e river. (f) Waste Disposal (Jean, Stephens, Carey) Sharon Jean regretted being prevented from attending the hearing n tile waste disposal ordinance by receiving a calldutto federal grand jury Boedeker and rAsst. Lngortedr. having Bobard inact tresponse Industry George Pord1'se request. She stated 7 out of 8 changes proposed by industry were incorporated into the ordinance and she was considering other amendments for tl:e next meeting. il. A(;I:NI)A APPROVAL AND CnNSI:NT AGIiNDA Pres. Arness stated Res, 84-81 has been pulled from the a,;cnda aa.l a request has been made to add a presentation by Tesoro and ADLC relative to emission standards at the Tesoro facility ex,ransion following Agenda Approval. , Mrs. McGahan requested the presentation be kept to the 10 minutes each limitation in the Assembly procedures ordinance in order t" f:,ciiit.,to agenda completion. Atty. Boedeker read the portion of the Code dealing with public presentations, stating action of the Assembly is necessary t.• extend the 10 minute per topic limitation. Ms. Jean believed the emission standards issue to be an important one to many of the Borough's residents, had invited the representatives to come and provide accurate information, and felt if One of the entities spoke less than the allotted time, the other should he able to use more. ASSEMBLYMEMBER JIiAN MOVED TO GRANT NO LONGER THAN 20 MINUTES TO ITSIIRO AND THE DEPT. OF ENVIRONMENTAL CONSl:RVATION .JOINTLY AND IT WAS APPROVED BY UNANIMOUS CONSENT. Mrs. McGahan requested the removal of the three vacation proceedings items. Mayor Thompson reported a letter has been received from HEA and Res. 84-88 should be withdrawn as unnecessary. Mrs. Dimmick requested the addition of an unnumbered resolution in support of the Walk for Kids day, under Consent Agenda, and Res. 84-89 under Consideration of Resolutions, Item K(g), due to the time limit for getting comment to ADEC. ASSEMBL"%MBER DIMMICK MOVED THE ADOPTION OF THE CONSENT AGEtiDA lillll THE SUGGESTED CHANGES AND IT WAS UNANIMOUSLY APPROVED AS FOLLOI;S: (a) Res. 84-87 "Granting an Easement Across oroug ands to Homer Electric Association to Install Underground Lines Near Soldotna Junior high School" (Mayor) (b) Resolution "Declaring May 190 1984 as Walk for Kids Day in Support of the First Annual Walk for Kids for the Kenai Peninsula Community Care Center" (Dimmick, Douglas, Jean) **• Tesoro Alaska/ADEC Presentation Mr. Ron Grantham, Senior Environmental Engineer with Tesoro, provided a brief history of built to process t in theluwhe Tsulphur Cook Iesoro nlet crude oi.l.from its nnP esentlyfiit employs approximately 110 in the Kenai area. Currently it has a 2 tun a day sulphur plant at 98.S percent recovery. A decline In the .� - 2 - XLNAI PENINSULA BOlulll(_II ASSEMBLY REGULAR MEETING 01: MAY 8, 1984 production of Cork Inlet crude has prumptod d decision as to whether to supplement with expensive low sulphur foreign crude or to convert the refinery to process the high sulphur North Slope crude. Tesoro hired Radium Corp. to monitor the existing air quality and design plans for the needed expansion and apply for permits from ADEC and CPA. Approximately 20 percent of the total project costs will be spent on environmental concerns. Mr. Dean rush, Radium Corp. spoke to emmission regulations, the amount of effluent cumin;; out of the stuck, and ground level impacts or concentratluns. flu explained Tesoro's proposed expansion will meet the standards of 500 parts of sulphur dioxide per I million parts t,f alr. Mr. Bob Martin, Dept. of Environmental Conservation, reported the department has made two decisions on this matter, the most recent in favor of the technology that would result in 98.5 percent removal of sulphur dioxide. This is a preliminary decision; the Dept. is leaving the hearing re:ord open until May IS for additional written comments and is considering another public hearing. lie emphasized the Dept, is not changing air quality standards; even under worst conditions, Tesoro with 98.5 percent removal will be 9 percent of the standard or 10 tides below the national ambient air quality standards. The 99.9 percent technology would reduce that to 6 percent. Ile stated they were very sensitIvo health aspect which they felt is in no way :ndarigered, but also to the investment in dollars and they do not want to require a degree of environmental control that is beyond reason. In response to questions from Mrs. Dimmick, Mr. Grantham reported the increase in refined product with tho expansion will be 5,000 barrel per day increase, but could not estimate the amount of increase in air used in the process. Mr. Martin stated the difference in methods would result in 142 tons per year of sulphur dioxide increase in what is emitted by the plant at this time. Mr. Stephens asked what the cumulative effect would be, noting the dead trees near the chemical plant, over a 25 your or so period. Mr. Martin stated there would be virtually none as far as they can estimate. There was further discussion regarding the cost to the plant versus value received in air quality. tor. Martin stated there are other source:: of sulphur dioxide in the state, noting pull) plants in Southe.,stern 1,400 and 3,000 tons a year and coal fired power plants in Fairbanks emit from 300 to 600 tons per year. Comparatively, Tesoro's are small amounts. If another hearing is held, the deadline for receiving comment will be extended. There should be no change in air color. The incremental cost of going from 98.5 to 99.9 percent removal is approximately 44 per barrel. There is expected to be no odor problem. The "worst case" figures which have been presented were interpreted to mean what would be produced by the most crude that could he processed; it has not been determined how much will be available. Monitoring stations have been set up around the state, particularly in the North Slope area to determine how pollution circulates the earth and what increases can be determined if any. Following a brie! recess, the regular agenda was resumed. 1. ORDINANCE HEARINGS (none) J. INTRODUCTION 01; ORDINANCES (a) Ord. 84-33 "Appropriating Funds for the Borough u r sea Year 1984-85" (Mayor 1:,51iltiil.l if:F{Bl:k DUSIICK MOVED THI 'INTRODUCTION O1. ORD. 84-33 APII) 111:171NG liL'ARING DATE 01: JUNE S, 1984 AND IT WAS Ai'1'ItOVLD WITH UNANIMOUS CONSENT. 3 - l 6IiNAI PhN1NSULA BOROUGH ASSEMBLY REGULAR MEETINU 01; MAY 81__1J84 (b) Ord. 84-34 "Making Appropriations to the Service ren—s n—lt►e Borough for Fiscal Year 1984-SS" (Mayor) ASSEMBLYMEMBER JEAN MOVED THE INTRODUCTION OF ORD. 84-34 WITH HEARING DATE OF JUNK 5, 1984 AND INCORPORATING THE FOLLOWING AMENDMI:NIS 10 PAGE 2: "Section 7, change $42,920 to $69,000; Section S, change $S44,160 to $792,000; Section 9, change $285,280 to $410,000, Section 10, change $195,100 to $286,000". MOTION WAS APPROVED BY UNANIMOUS CONSENT. (c) Ord. 84-35 "Authorizing the Recoipt of Various ranT� Ls-irom the State of Alaska Totalling $1,000,000 From Chapter 22 SLA 1934 and Appro- priating the Funds to Service Area and Project Accounts" (Mayor) ASSLMBLYMEMBER DIMMICK MOVED THE INTRODUCTION OF ORD. 84-35 WITH HEARING DATE OF JUNE 5, 1984 AND IT WAS APPROVED WITH UNANIMOUS CONSENT. (d) Ord. 84-36 "Authorizing the Receipt of Various rants rom the State of Alaska Totalling $3,S00,000 from Chapter 24 SLA 1984 and Appro- priating the Funds to Project Accounts" (Mayor) ASSEMBLYMEMBER JEAN MOVED THE INTRODUCTION OF ORD. 84-36 WITH HEARING DATE OF JUNE 5, 1984 AND IT WAS APPROVED WITH UNANIMOUS CONSENT. (e) Ord. 84-37 "Amending KPB 21.10.010 'C' to Allow Mar—eT "less Than One Acre in Size to be Rezoned to Conform to the Land Use Plan" (Mayor) ASSEMBLYMEMBER SEWALL MOVED THE INTRODUCTION OF 0111►. 84-37 WITH HEARING DATE OF JUNE S, 1984 AND IT WAS APPROVED WITH UNANIMOUS CONSENT. (f) Ord. 84-38 "Rezone of 26 Areas Within the City o ewar (Mayor) ASSEMBLYMEMBER SEWALL MOVED THE INTRODUCTION OF ORD. 84-38 WITH HEARING DATE OF JUNE 5, 1984 AND IT WAS APPROVED WITH UNIANIMOUS CONSENT. (g) Ord. 84-39 "Appropriating $30,000 from the Unde- s gni ateTFund Balance to Establish a Contingency for the North Peninsula Recreation Service Area Capital Projects" (Mayor) ASSEMBLYMEMBER McGAHAN MOVED THE INTRODUCTION OF ORD. 84-39 WITH HEARING DATE OF JUNE 5, 2984 AND IT WAS APPROVED WITH UNANIMOUS CONSENT. (h) Ord. 84.40 "Delegating to the City of Kenai the owe�o Provide Zoning Regulation Within the City, and Repealing KPB 71.76" (Mayor) ASSEMBLYMEMBER JEAN MOVED THE INTRODUCTION OF ORD. 84-40 WITH HEARING DATE OF JUNE 5, 1984 AND IT WAS APPROVED WITH UNANIMOUS CONSENT. K. CONSIDERATION OF RESOLUTIONS (b) Res. 84-82 "Authorizing Award of Contract to u er s Unlimited for the Kitchen/Storage- Remodel Project at Bartlett Elementary/iligh School and Transfer of $3S,S00 of Capital Improvement Funds to the Project" (Mayor) Mewo 84-80 reports the low bid was $79,950 with an Additive Alternate 4 - 1 _ .N-11 KENAt I'1'NIN'a11,A BOROIR611 A::SI:NIB1.Y REGUI.AR MMiTING OF MAY R�^ 1984 hid o1 $3,000 to salvage used equipment. Purpose is to brine; the kitchen up to fire code, replace non functioning equipment, provide freezer space to save shipping costs and provide space for the visiting nurso. A::il.i•iISLY�lI:i•Ilif.li D1RU-LICK MOVED Tllli ADOPTION 01: I411S. 84-R2 ANIJ IT IVA'; APPROVED WITH UNANIMOUS CONSENT. (c) Iles. 84-83 "Approving the Award of a Contract of r ti►o onstruction of Feuding Lane to Cook Inlet Construction Company" (Mayor) Total cost of construction, low bid, was $351,743.80. ASSEMBLY'MEMBER CORR MOVED THE ADOPTION OF RES. 34.83 AND IT WAS APPROVED WITH UNANIMOUS CONSENT. (d) Res. 84.84 "Authorizing a Contract with Trans -Alaska Engineering for the Construction Inspection of Feuding Lane" (Mayor) Total cost of the enginoorIng, low bid, was $44,6S4. ASSEMBLY'MEMBLR JEAN MOVED THE ADOPTION OF RES. 84.84 AND 11' WA:; APPROVED Wf1•II UNANIMOUS CONSENT. ( ) lies. 84.85 "Approving a Contract with David M. ,r t and Associates, Ltd., to Prepare a Central Services Cost Allocation Program for the Kenai Peninsula Borough" (Mayor) ASSLI-IBLYMEMBER DINHICK MOVED THE ADOPTION OF RES. 84-85. Mr. Barton reported Griffith $ Assoc. will review the Borough's records and accounts and set out what percentage of its costs are spent for different functions. When obtaining federal and state grants, administrative costs can be charged off, and also costs of the service areas and other programs such as timber sales could he determined. RESOLUTION WAS ADOPTED BY UNANIMOUS CONSENT. (f) Res. 84-86 "Transferring $S,000 from the ssem y ontingency Account to the Special Travel Account" (Arness) ASSLMULYMEMBER Dli-SIICK MOVED THE ADOPTION OF RES. 84-86. Ars. Diaunick referred to a memo regarding travel expenses from the Clerk and urged members to consider what amount of travel has occurred this year and what changes they might make in the budget for next. Ir. Douglas questioned what benefits the Borough receives from membership in and travol to AML and NACo meetings. Mrs. McGahan objected to the previous approval of travel to NACU, both in method and actual fact, and to the transfer of additional funds. :•Irs. Dimmick did not believe is dollar value could be placed on participation in the lobbying organizations although there are advantages to gain from membership, even without attending meetings. Mr. Corr reported in NACo meetings he has attended he has learned other states and counties face the same problems being encountered in the Borough. lie believed NACo has been instrumental in keeping Payment in Lieu of Taxes funding. ASSE!•1BLYMEMBI.R 5')hl1lIENS MOVED THE PREVIOUS (QUESTION AND THE MOTJOW WAS APPROY1.1) BY iR4AN I MOtl5 CONSL•NT. 5 - i� I ei.i%Ai 110KUUI-11 Aht:I:M111.1_RV611IrAIt MEETING 01 MA) s, i!►It.t V1111 WAS CALLED AND 0141). 84-8o WAS ADOP-11A) BY A Vn'11. of Is If:. 'le NO, Carey, McGuhan and Douglas voting No. (g) Res. 84-89 "Urging the Dei)artment of Environmental onservat on to Maintain !'resent Standards for the Acceptable Levels of Air Pollution Within the Kenai Peninsula Borough" (Dimmick) ASSEMBLYMEMBER DIMMICK MOVED Till; ADOPTION OF RES. 84-89. Mrs. Dimmick commented the resolution does not address pore,!stage:. or specific kinds of equipment; cost to the comrtny is nut the C"►1F."ern. Ste referred to her support of tlto royalty o�I contracts, stating the contracts would bring the additional oil that would precipitute ti►e expansion, but she also supports keeping the air just as clean as - possible. Comparisons between Alaska's air quality and that outside where compromises have brought on Intolerable conditions ore FFf tit) value. The best possible technology must be used here where rivail ,Fir still is the noun. 1 '— ASSEMBLYMEMBER DIMMICK MOVED A NEW SECTION 2 BIi ADUED TO RLAD "That the Dept. of Environmental Conservation hold at least one additional public hearing in the area as requested the the KPB I'lunning Commission." E. Mr. Crawford believed adding the now section would restrict the ' i resolution to a specific tinto limit where otherwise it r,nFlcl perpetually apply. ASSEMBLYMEMBER DIMMICK WITHDREW THE AMENDMENT. ASSEMBYMEMBL•R CARRY MOVED TO POSTPONE RES. 84-89 1:014 ONE i-IONI'll U!: f FIRST ASSEMBLY MEETING FOLLOWING AN ADDITIONAL HEARING. Mr. Carey commented it is expected the ADF.0 must hear front residents prior to making a decision and it behooved the Assembly to allow time for the same. The resolution was only presented tonight and he felt people should be given the opportunity to respond. There was a discussion on the best timing for adoption depending on when the deadline is set by ADEC for receipt of comment and whether :!n . - additional hearing is to he held. Also it was noted turnout at public bearings held to date has not been good. ASSEMBLYMEMBER MCGAHi..V MOVED TO AMEND THE POSTPONEMENT To JUNI, 5 AND MR. CARRY AGRL'ED AND INCORPORATED THE DATE INTO HIS MOTION. ASSEMBLYMEMBER DIMMICK MOVED TO AMEND THE POSTPONEMENT TO MAY IS AND IT PASSED BY A VOTE OF 13 YES TO 2 NO; Crawford and McGahan voting; No. VOTE WAS CALLED ON THE MAIN POSTPONEMENT AS AMENDED TO MAY 1S AND IT PASSED BY A VOTE OF 11 YES TO 4 NO; Walli, Crawford, Sewall and Dimmick voting No. .. �.,�. r; L. PENDING LEGISLATION (This item lists legislation which will be addressed at 1' 1 a later tine as noted; not for action this meeting) p q, j. Mrs. McGahan requested the status of the last two Items on the pending list. M / Pres. Artless stated the So. Hospital Committee will meet with the r Assembly prior to the May 15 meeting to discuss Ord. 84-1 wl►i%;h would probably be on the June S agenda for action. Mrs. Dimmick reported an ordinance to amend Chapter 21.12 rather than r repeal it is in the public hearing process before the Planning Commission. She stated it could be dropped from the list of lFcnJin); fitems. } 6 s'. i . i 1 F � F I I ! r ' d �I KLNU I'IiNINSIII.A 110HOUGH A;,SIJ4IfI,Y III!GULAR M1iLTIN(; OF MAY 8)_1984. 0 (a) Ord. 84•15 "Adopting is Now Chapter 10.04 to tho Kon.,l 1'oninsula Isorough lode to 1:stel,lkh it Waoto Ilispos.sl Commi4sion and Providing Standards for Oper,rtiort of Borough 19osto hispoaul W,cilit ics" (.tutor, 5trpite11s, Corey) I'stlntd to !1•15 (h) Ord. 84-19 "Amending Chapter 17.04 0l the lforough Code to Add is Now Section Prohlbitiny, the Disposal of tsoroulth Owned Lando Along, Anadromous Dish Streams Usiloss the Disposal Is in Bxchango fur Other Proportic:: Along Anodrumous Dish Stroamn" (Nash) Itof to P.C. 4 Kon Rlv Cmto. flour S-15 (c) Ord. 84.28 "Revising Title 4 of the KPB Code of Ordinances Governing Borough Elections" Hear 5-15 (J) Orel. 84-2:1 "Amending the Kenai Municipal District Zoning Code - Townhousa Development Stundardrs 21. 76.155 F.1." (Mayer, Req. P.C.) flour 5.15 (c) Oru. 84.3U "Itezone of Lots 7 G 8, Block 13, 1'edural Addition, City of Sowurd, from One -Family Residential to Limited Commercial District" flour 5.15 (i) Ord. 84.32 "Amending the Seward Lund Uso Map for Lot-; L and 3, .lasso Iuc Heights Subdivision No. 2 City of Seward" (Mayor) flour 5.15 (g) Ord. 84-1 "Amending KPB 16.24.080 Pertaining to Powers and Duties of the South Kenai Peninsula Hospital Service Area Board" (McGulran/Dulo/Stophons Dimmick/Joun/Douglas/Walli/Glick)(Rof Cmto; 1-3) (h) Ord. 83-1.12 "Repealing Chapter 21.12 of the Konal poninsLl„ Borough Code Portuining to Prohibitions o1 Noxious, injurious or Hazardous Uses of Pro. porty" (Uiwmick) (Ref Plan Cmsn 12-6) r.l. 1'0101AL 111USL11TA'I'IONS W1T'fl PRIOR NOTICE Y. MAYOR'S REPORT (a) Kalifornsky Piro Service Arco Petition Auyor Thompson reud a portion of a memo from Asst. Atty. Roovos which states in addressing this request, consideration must be given to the possibility of provislon of fire sorvicos by the contigui+us Ridgeway Fire Service Area as one of the alternatives listed in the Alusko Statut_.s. Thu fact that the border of the Ridgeway Fire Service Area is actoss the Konui River from Kul ifornsky without road accoss by road may render the combination impractical. In the packet for May 15 are two urdinuncos, ono establishing the Kalifornsky Piro Service Area and the alternate, establishing the Ridgeway-Kalifornkky Fire Service Area. Tws pvrsong had Indicated a desire to speak on this Issue and were invited to do so it this time. Mr. I•rank Kruxborger spoke aguinst the proposed service area, reporting someone from another fire service area had described to him how u small volunteer service had grown to u large organization wltLor,t reduction of Insurance rates to all ports of the oreu. lie report•!d on previous service area proposals that fulled and stated the best lire Protection Is u good garden hose and fire extinguisher. Ile bcliev-:J residences in thfa area ore too fur apart to make thi+, ticrv,ce feasible. - 7 - r' M n i Mrs. Barhar•a Olt -on spoko In fovor of the nervicv eroa, :statlni• r.ith tho growth of the isrois, itic IudInip, mitItI•famIIy dwellings, lire- protuction was becoming a neconoury service. She reported huv;ni, contacted Iivu Insurance companies concorning rvste:s and wtated within is five tulle radlus of the servlco, rateo would be lowured dram.rti ('ally. ltespo114e to the proposal by potitioll h.t:i housr uvotahuiu,io;,, the number of signatures turned fit wtus 5 times the required nou1her•. Mr. Corr quootioned whether fire sorvieu was; worth almost douhlin,; the tax rate, but felt 340 signature-' had to be honored. Mrs. McGahnn reported tsorvfng on the Nikiski Hro guard in 1'r'tr when the aitien stated they would not ronpond to Calls out:;f•le Cioii boundoriun. The NFSA offered to donuto surplus oquipment •ind tr..to voinntoers fitthe Kulifs•rtalty area so that they would hr provided s,-r but there was no ono intotostod In r.turing the equipment ••r hefnl, traltrud. She felt there was (still is lot of opposition to forr.st i of ,-1 it survice area and that voluntoor munpowur and cooperation •••r; :.till the bust route to fire protection. Linda fludoc spoke us u resident of the Bulugu Bay urea In support of the proposod ourvico area, commenting many more people would have bean (trobunt if they had known there would be an opportunity to :(pock. pooplu contacted had been willing to pay 1 mill-' for the protection which would be moru than cumpen:;atod for by reduction in insurance. (b) Carpet kopl,seement, Variuun Schools Mayor 'Thompson ruferrud to Memo 84-73 which ruport,; hid:i wore Sol icitud and accepted on recarpeting 11 schools, 9 of which went to Stove Rutherford, 1 to 4-D Interiors and 1 to HMSO Carpets for total cost of i110,701.75. Mr. Sowall queationed the timing of rocarpoting the old Homer High School which will probably be remodeled when the now school in completed. Mr. Thompson stated he had boon ens;ured it would not be a wasted effort a-' use of the school would be continuod. (e) Moose point Lottery Sale Mayor Thompson reported 790 applications were xuld with lot s-lections ranging from 1 lot to 79 lots for a total of 8,095 lots suloeted. The solo offered 358 parcels, with 9 receiving no applications. The drawing will take place May 19 at Soldotna If.$. auditorium at 8 a.m. (d) Central Peninsula hospital Board Appointment Mayor Thompson reported if there are no objections lie will apiurint .Jim Jolin to the CPHSA Board to replace Paul Nolson, Solrl,rtriu, who resignod, torus oxpiring in July 1985. (e) Radio Broadcasts Mayor Thompson ruportud being centacto(I by Kt;I7. 1t.tdio eoncurnirig Aseorably meetings extending beyond the 12:30 a.m. r;chodulu ..(;rued upon for broadcasts. lie commented It would be only fair to pay for additional time if broadcast, or simply turn it off at that time, which is what lie udvlsod. lie asked the Assembly's opinion on the matter. Mr. Sewall reported the broadcast to Seward 19 very unreliable; when it is broadcast, It does not go beyond 12:30 a.m. ASSUIDLYMUMBkR ShWALL MOVED TO DUNY ADDITIONAL. FUNDING TO 1.%Tf;4D PROADCAW TIML'. AI;SI;I48l.Y►lI,14UI1 Cuf(It MOVED TO POSTPONI; ACTION UNI11, Al'1'VOYAL rsf 1111. BUIRP T AND TAXI; UP TIW IIL'C151014 Al Till! SAML TIML. U . g . r� rWf111Y �� - • 00) KI_NA1 PLNINSULA 130ROUGII ASSP.MBLY Rf:GULAR MFUTING Of- MAY 8, 1984 'fr. Naxh believed it would be a good Idea to stop further broadcubting 1leyond 1-':30 a.m. and take any response received as indication that it ..hould be extended or not, in the budget. 'fin: M01!ON To 110STPON11; WAS WITIIURAWN AND Tlifi MAIN MOTION IeAS APPROVED BY A Vtlfl: 01, 14 YLS TO I NO; Dale voting No. (f) Assembly Photographs Mayor Thompson reported the photographer would he present May IS to retake pictures of any members who were particularly unhappy with the first one. Ile plans to use them along with pictures of former Borough Chairmen/Mayors in at display. (g) Ridgeway Chief Mayor Thompson re`+ortod the Ridgeway Fire Service Area Board voted unanimously to change the title of Battalion (thief to Chief' of Ridgeway Fire Department. There was no objection and so ordered. (h) No change in Soldotna H.S. beam (i) Administration Building Visit .-layor Thompson Invited Assembly members to spend some time in various departments of the Borough to become acquainted with the operation and workload of each. (i) Ruud Funding .•layor Thompson reported it appears from the legislative bill that have ,sassed, Lamplight Road will receive $750,000, North pork Road will receive $3.8 million, Robinson Loop will receive $I.S million ($250,o1IO short) and Nikiski Fire site improvements will receive $300,000. Other projects the Borough Engineer will be administering this summer are the Ridgeway Fire Sub Station, construction of Feuding Lane, Ifuntor Highway Maintenance Building, llalbouty Road completion and tavinl;, Resurrection River Road, Rubinson Loop Phase 2 design, Pool Ave. construction, Big Eddy Road planning and design, No. Anchor River Road Phase 1 desi);n and design problems with Sport Lake Road, Greer ,toad, and road work around the now Homer Iligh School and other projects. 'there is $354,000 in LSR&T money at present and it doci::fon will have to be made as to how it should be spent. Additionally, there are many school projects to be accomplished. M r. Carey requested the number of employees involved in these projects. O. OTHER BUSINESS (a) Ices. 84-30 "Adopting Procedures Governing Assembly Travel and Other Procedures as Contained in the Assembly Manual for 1984 as Revised on December 20, 1993" (Dimmick, Legislative Cmte.) Adopted with Notice of Reconsideration by Arness lies. Arness stated he did not wish to reconsider Res. 84-30. 11.) ord. 84 24 "Amending KPII 1.20.020 to Modify 11-cedure!� For the Approval and Purchase of Furnituee and liquipment for Now Schools or Capital Improvements" (Education Cmte.) Enacted with Notice of Reconsideration by McGahan AS.Sl.11Bi,Y?-JUIBI.R MOVLD TO RECONSIDER ORD. 84-24. Ars. 1:0;ahan commented it was not clear In the ordinance that the tssembly would not havo opportunity to see the lists of furniture and 9 w a , KENAI PENINSULA BOROUGH ASSEMBLY RlitRll.Ak_MEFTIN(. (If. MAY ! , 1:!,•-1 equipment under thu, new procedures and she did m•t think ,vout;'6 tin., was taken by them to warrant removing this step. Mr. Nash stated one of the reasons the Education Crate. supported It,, new proceduros was to endeavnr to force upon the B„ord u, ; ducal —11 the resp„nsibility to consider these lists because the tend, -II,) ,,a• t•, rubber stump then and move them on to the Assembly. Ile r-I...rtcd at last night's meeting some items were questioned and would h,• hroo,ht to the attention of the Fiducation Crate. VOTE WAS CALLED AND RECONSIDERATION FA11.ED BY A Vtt'fli OP A Yi.:,. 11 ;.n; Corr, Carey, Sewall and McGahan voting Yes. P. ASSEMBLY AND MAYOR'S COMMLNTS 1 Mrs. Glick reported 1111 172 was passed by the House yesterday with notice of reconsideration by Rep. Malone. She stated i,•r brief absence from the meeting was due to her obligations t„ th•- Atinior Achievement Program and described briefly how it operates. She was proud to be able to give $1,300 in cash awards plus two $1,nnl,scIli, ►or ships. She stated she would be giving written reports on her trig, t„ Ft. Yukon as AML President and speaker, as well as the trig, to NACo in Ilawaii. She discussed briefly reports of problems similar to tho;;v of the Peninsula. 1, Mrs. Walli commented on a letter to the So. Hospital S.A. Ilo.ird WLiih the Assembly directed the Attorney to write requesting; minute:; „f meetings where specific budget related actions took place. -she reported receiving a schedule of meetings as requested but not the service area minutes and asked how these could be obtained. Atty. Boedeker reported receiving minutes that appeared to be frum the entire year, but there was no mention of either of the events specifically requested. Mrs. Walli referred to an anonymous letter addressed to the Assembly and took exception to its criticism and misstatements concerning the Tyonek Village residents. She had researched the allegati,;tts and specifically addressed taxes that are assessed and paid by Tyonok residents and spoke at length concerning the problems of cross cultural prejudice. She recommended persons recommending cut:; in budgets to become involved at budget development and hearings. Pres. Arness commented a letter from the Tyonek school princip.,l also answered question raised by the anonymous letter which he had discarded. Mr. Corr reported Hawaiians are developing a salmon hatchery. tie referred to designation of a NACo voting representative %hich has never been a problem in the past. Mr. Crawford referred to minutes of the Planning Commission which seem to indicate the Commission did not approve 2 of the 3 vi,cati„ns presented but recommended the Assembly approve them and questioned the placement of vacations on the Consent Agenda. Atty. Boodekor rei,.,rted there is is new secretary typing minutes for the Commission and it was probably only a matter of incorrect wording. Mr. Carey noted the letter regarding the Sterling Highway improvement; changes in the design have been made to accommodate what the residents asked for and a lease back program that would allow right of way that has been purchased by the DOT to be used by the resident until needed. Mr. Sewall regretted the negative effect of the letter regarding Tyonek and believed unsigned letters not worthy of answering. lie reported opportunity to travel to a band festival st .=.CHS with suward band majors and appreciated the work of Freak Erickson a compoi,er from California who was very complimentary of the quality of the students. - 10 - q to KLNAI t'lAlN:illl.A Bt►RU111;11 A:;:a;MltlA ItL•GIILAR Mli1i'IINt; 01 MAY Ira. licWhan responded to a report that Tyonek residents built their school by stating many of the existing schools in the Borough were -prig,in.►lly built by their communities. She also referred to they projections for school construction needs presented, noting copies of petiti-ns and letters reeiuosting new schools or additions in the hack but way disappointed to find none from Nikiski as much information has been furnished the School District. She is disatisfied with reasoning behind requests for a Nikiski high school being denied. She reported on a now policy concorning frontier community schools. Mr. Nash referred to a metro regarding the Data Processing Committee's review of records scheduled to be destroyed per Res. 84-55, reporting one set of records was withdrawn by administration on second review and .t others listed were apparontly nonexistent. lie believed the committee's work was productive and beneficial. Mi. Stephens invited any interested members to join the Kenai River Committee In the proposed flout trip, noting need for additional canoes and equipment. t,lr. Douglas spoke in appreciation of the audience, participation by representatives of Tesoro and the ADEC and thanked Ms. .Jean for sotting up the presentation. Also thanked Ms. Dimmick for the resolution concerning the Walk for Kids day and encouraged support of that project. Mr. DaIo announcod the Legislature approved the Board of Dish appointments today. `•Is. .le.en expressed appreciation to Judi Udland of Records Mgmt., .Judy Dixon of the Finance Dept. a:: well as Prances Drymer and Sam Best for workin;: with the committee on the review of records. She also thanked ropresentatives of Tesoro and ADL::C for coming and hoped the Dept. would hold the second public hearing being considered. She noted a num.ber of people were present who might have addressed the issue if they i►ad known it had become an agenda item. She asked that some means of drawing public attention to added agenda items be developed In toe meeting room. She reported the Brown's Lake road request has been around for 5 years or more and the need is increasing; there are ispltr,,zimately 30 children in the neighborhood, 2 miles from the school ►us route, and they are only asking for a gravel improvement. The ?Iayor stated the engineer will be getting the facts together, but it would '►e up to the Assembly to decide how the LSR&T monies are spent, there are several requests for roads. Mrs. 1•10;ahan reported she had asked the attorney to draft a resolution favoring; the Brown's Lake road project for this meeting, but it was not written because of the number of petitions and requests that have come in. She stated Iingr. Conyers would attend the Public Affairs Committee meeting on May 15 and they would try to come up with some criteria to use in approving these funds. .1. PUBLIC COMMENTS & PUBLIC PRESENTATIONS UPON MATTERS NoT CONTAINED IV THE ASSEMBLY'S AGENDA R. 1:11O1CaATIONAL MATERIALS AND REPORTS S. N-1T'ICE 01: NEXT MEETING AND ADJOURNMENT Pies. .Arnow reported the next meeting will be May 15, I984 at 7:30 p.m. aad this meeting adjourned at IL:40 a.m. Da t$ approved May 29. 1984 ATT L ST : ssembly 'res cent putt' sorou ► 1. ttr - 11 - KI:NA1 PENINSULA HOROUGH ItLGULAIt ASSLMBLY tILU 'ING MINUTES APRIL 17, 1984; 7:30 1'.Dl. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA - A G E N D A - R 0, > f � � r, Page No. \925eVz A. CALL TO ORDER 1 H. PLEDGE OF ALLEGIANCE 1 C. INVOCATION: Rev. Roy Moore, tit. Redoubt Baptist 1 D. ROLL CALL 1 L. VACANCY, DESIGNATION OR SEATING 01' ASSEMBLYMEMBER 1 F. APPROVAL Of MINUTES 01: April 3, 1984 1 Approved G. COMMITTLL REPORTS (a) Finance (Crawford, Carey, Corr, Dimmick, Glick) 1 (b) Public Affairs (Sewall, McUalian, Stephens, Douglas, Dale) 1 (c) Education (Keene, Walli, Skogstad, Nash) 1 (d) Legislative (Dimmick, Arness, Jean, Nash, Crawford, Sewall, Keene, Glick) 1 (e) Kenai River (Dale, Corr, Dimmick, Glick, Jean, McGahan, Stephens) 1 li. AGENDA APPROVAL AND CONSENT AGENDA (b) Res. 84-6g "To Change the Job Title and Description o-�xisting Secretary Position Within the Kenai Peninsula Borough's Central Peninsula Emergency Medical Service" (Mayor) 2 Adopted (c) Res. 84-69 "Authorizing a Contract with McLane and ssoc ates for the Design of Pool Avenue" (Mayor) 2 Adopted (f) Financial Report for March, 1984 1 Acknlgd (g) V-tcate Section Line Lasement, Scenic View Subd., Tract A2 (Approved by P.C. 3-26-84) 2 No Obj. (h) Res. 84-80 "Acknowledging and Accepting a Grant ni�-(nount of $175,000 from the State of Alaska Dept. of Natural Resources to Assist in Costs in the Survey, Development and Disposal of Lands Within the Moose Point Subdivision" (Mayor) 2 Adopted *** Mayor's State of the Borough Message 3 I. ORDINANCE HEARINGS (a) Ord. 84-15 Subst. "Adopting a New Chapter 10.04 to the Kenai 7e--nTnsula Borough Code to Establish a waste Disposal Commission and Providing Stan- dards for Operation of Borough Waste Disposal Facilities" (Jean, Stephens, Carey) 3 Pstpnd (b) Ord. 84-16 "Amending the Borough Code of Ordi- to 5-15 nances By Adding a New Chapter 17.60, Forest and Timber Resources" (Timber Cmte) 4 Enacted (c) Ord. 84-21 "Changing the Name of the Central en nsu a`Emergency Medical Service and Ambu- lance Services Area to the Central Peninsula Emergency Medical Service Area" (Mayor, Req. CPEMSASA Board) 4 Enacted '00 (d) Ord. 84-21 "Awonding the Kenai Munici;,:,l District �{ o1Hb (.0 c to IncoTpor:,te "Planned llitit. Residcn- LiaJ Development Ordinance" Within the City of Mena!" (Mayne')& onactP•1 (e) Ord. 84-23 "Rezone of Lots 1-10, Block 2, Donny roo SubAivision from Rural Residenti.l to Suburban Residential District, City of Kenai" (Mayor) 5 Fnacted (1) Ord. 84-24 "Amending KI'e 1.2U.020 to Modify Procedures for the Approval and Purchase of Furniture and Lquipment for New Schools or Capital Improvements" (Education Cmte.) 5 Lnact,d (g) Ord. 84-25 "Rezone of Government Lot 13b, City AT enai, from General Commercial to Urban Resi- dential District dnd Amending the Kenai kind Use IMap" (Mayor) i.nactoi (h) Ord. 84-26 "Appropriating 1210,000 from the n elT? sitneted Fund Balance to Establish a Contin- gency for the South Peninsula Hospital Service Area Capital Projects" (Mayor) 6 Lnacted (i) Ord. 84.27 "Approving the Total Amount of the Abool Budget and Appropriating $8,660,663 for School Purposes for Fiscal Year 1984-85" (Mayor) s Lnacted J. INTRODUCTION OF ORDINANCES (a) Ord. 84-19 "Amending Chapter 17.04 of the Borough Code to Add a New Section Prohibiting the Disposal of Borough Owned Lands Along Anadramuus fish Streams Unless the Disposal is in Exchange for Other Properties Along Anadramous Fish Streams" (Nash) Ref to P.C. 4 Ken Riv Cmte. 9 Set hear (b) Ord. 84-28 "Revising Title 4 of the KPB Code of Adinances Governing Borough Elections" (Mayor) 10 Diet Bear (c) Ord. 84-29 "Amending the Kenai Municipal District Ming Code - Townhouse Development Standards 21. 76.155 F.i." (Mayor, Req. P.C.) Ill Set lWa r (d) Ord. 84-30 "Rezone of Lots 7 Z 8, Block 13, e eF coral Addition, City of Seward, from One -Family Residential to Limited Commercial District"(Myr) 10 set lie u i (e) Ord. 84-31 "Authorizing Roy F. Weston, Inc. to FrvceeJ With Phase II of the Central Peninsula Solid Waste Incineration Project and Appropriating, $90,000 to Cover the Cost of the Development of Phase II" (Mayor, Arness) 10 4/drawn 1 i (f) Ord. 84-32 "Amending the Seward Land Use Map for otsfs and 3, Jesse Lee heights Subdivision No. 2 City of Seward" (Mayor) 11 Set Bear K. CONSIDERATION OF RESOLUTIONS (aa) Res. 84-55 "Authorizing the Disposal of Borough Records Which Are Outdated and Scheduled for Dis- posal Under the Borough's Records Management System" (Mayor) 10 Adopted as At n:d (a) Res. 84-57 "Requesting the State Legislature to opt House Community and Regional Affairs Com- mittee Substitute H8 172 As Amended That Would I Clarify and Update Title 29" (Glick) 11 Ad"Pted '. r t r� 0 _.sue YY 1 I � M 0*1 M l'a1'e 1411. (b) lies. 84-71 "Uoclurin)) the Round 1'nrtul,lr talus:+ room n t at Sterlln}) School Surpiuw to the NroJs of the School District and the Konaf Poninslulu Borough" (Mayor) I Adopted (c) Res. 84-7.1 "In Support of, and Ut•y,ing thv Adupth,n u omm tteo Substitute fur Senate Bill 417"(KIU:) I Adopted (d) Res. 84-73 "Ituquestin8 That No Prospocting Permits e Issued For Offshore Areas In Cook Inlot Until Additional Protective Regulations to Protect Fisheries Are Implemented and Roduosting No Prospecting Be Allowed Within One Mile of Cor- taln Areas" (Dimmick, Units, .loan, Keene, Wall!) 11 Adopted its Atind (a) Res. 84-7 "Requesting, the State of Alaska to es15Tn and Construct u Now Small flout llurbor at Ninilchik, Alaska" (Uimmick) From Pub Afrn Coro. 11 Adopted a:{ Amnd (f) Res. 84-74 "Authorizing a Contract for the (:on- str— uctton of Kenai I'oninsul+t Borough School Dis- trict Media Contor/Warohoune Addition 11rojoct to Dorleth Builders, Inc. In the Amount of $863,347" 13 Adopted (g) Res` 84-75 "Authorizing t Contract for tble Con- airuct on of I'aul Bunks Elementary School to Alaska Western Construction, Inc. in the Amount of $848,850 Pending the Sale and Delivery of 1983 School Bonds" (Ioayor) 13 Adopted (u) Res. 84-70 "AuthorizinL is Contract for the Con• structTun-of Soldotna Jr. Iligh School to McGann Construction Co., Inc., of Alaska, in the Amount of $4,S88,223 Pending the Sale and Delivery of 1983 School Bonds" (Mayor) 13 Adopted (d) Res. 84-77 "Setting the Uuto for the Bourd of q_qua7TzatTon Hearings and the Dates When 'iaxes Are Payable and Delinquent" (Mayor) 13 Adopted ur. Amnd (i) Res. 84-78 "Approving u Contract with CTA Archi- tects Asquclated with Zimmer Gunsol Frusc,t Part• nershIp for the Preparation of a Mustor Plan, Programming and Block Drawings Including Cost fistimato for a Certificate of Nood and a Bond Issue for a Cost Not to Exceed $32,$00 and Appro- ving. Transferring $100,000 from Affiliated Ancil- lary Services Account No. 600-811010-439RI to the Chemical Dependency Unit Capital Project Account No. 490-811010-49999-8400 and Approving the Lutheran Ilospital and homes Society's Services: for a Chemicul Dependency Unit and a toaster Plan for a Cost Not to Exeeod $17,000" (Mayor/C11IISA) 14 Adopted (e) Res. 84-79 "Approving Additional Repulutions and rucT�e-Muses for the Operation of the South Ponin- sula Road Maintenance Service Area" (Uimmick) 14 Adopted L. PLNUING LILGISLATION (a) Ord. 84-1 "Amending, KPB 16.24.080 Pertaining to Powers and Duties of the South Kenai Peninsula Hospital Service Area Board" (MeGahun/Dula/Stophcns Ditumick/Joan/Douglas/Wa11i/GiIck)(Ito f crate; 1.3) (b) Ord. 83-92 "Ropeuling Chapter 21.12 of the Kenai Peninsula Borougb Code Pertaining to Prohibitions of Noxious, In))"urlous or Hazardous Uses of Pro- porty" (Uintmlck) (Ref Plan Cmsn 12-6) o. 10101AL 1'RLSENTAT I ONS WITH PRIOR NUT 1 CI. 1��1 111• �II� N, MAY(R I M IMPORT (u) liuldutn,s 111111s 140bnul lluum ltupurt ll (b) fluamnry Italusrt on Cunnt rust Ion 11r„)at. t :, 14 ( c ) Pru1lruors Rvinlrtl Milli Ioyuu Nnllutlutloil n 14 (J, 07111111 141141N1114A (u) Ras,, N4,111 "AtlulstIng Prucudurua Guvatnifill Aoisvmbly 'fruvel uud ttt Ior Procuduruls un Cllntullwil in tlsn Assoombly M,mmnul for ;Y84 ,sii Revinud cost llusumbur 2q, I�JN3" (111mmi0, Lull ia, (1mtu,) Adpt a/ttn,:nn (b) l,lusttlnN 'llnse if Publtc and Aisrouml,ly 14pssulsIII 1, (c) Appuintmunt of fiulots Tax Cummitteu ltk: Rost 114,II) 15 Apl,t,l, P. A1461IMIILY AND MAYUII' 11 C(1MM11NT14 1', 1), 11111MIC W141411N'1'I4 is i'VOLIC P41,13I1N'1'ATIONlf UPON MAT1'11101 N(YP CON'1'AIN1111 1N THE AWAIMNLY13 AI)IMPA R, INFORMATIONAL MATI11t1A1,14 ANu 1411P(1111'14 (u) Memo f(Pt Puderssl Plnud Inaurunce Prullr,sm (b) Latter R111 NuKltuu fiydruuloctric 1'ru)uct. Iluuringts (c) Drudturd vo, borough 14utt tS. NMICh 01, NEXT M11ITIN(S 4 AJJJ0l1IINMIINT (May H, 11104) 11 0 NIP ' I " a 1 I hl.NA1 PIJIIWAII,A III fill 1111,11 If 1,111,AI( AIdII MITI,'( N111' INL 1`4114111 W. HIMO Gil AD1111HW NN'I ION hill ON(; 1,nLUn'INA, ALAI,MA 1.,1t.1, 1'll IiHlll I! The Mont Ing wan t,of Nd 14, order of approxImalely 7,40 11,61. by Pronldunt Ar'nean, It, 111,11161, 111 AI,I.II,IANIJ, C. INVOCATI"N; Nov, Roy Worn, Mt, Redoubt Nuptial 'Ibt, 1nVocal Iull wilt) !;I vull I,/ Rov, 1,11.11re, l), WILL CALL P1th1;1%r: Annemblym+mbern Clirk, Will, Corr, Crawford, Carey, Keene, Hawaii, McGohan, North, Arnenli, Dula, Dorlglan, htuphout, ti6ugatud, Ulmmick; Meyer Phnmpoon, Adm. Ann't. hunt, Pinunco Director ourtun, Public Worko Director Halwart, Ana't, Annoan"r Alkinn, iinglneer Nnmburd; Attorney 11uad"hor, Clark Nrymor, Ablil.A'1 t, LXC0111,/; An .nishI ynmmbor ,load f., VACANCY, 1►1;141Cr,%.'IInN flit 111;ATIN1; 01, A1I111001,YMh44111 11, APPROVAL (11, M1tilPilM I* April 3, 11,1114 The mlautnn were declared approved with miner vorrnt,tlenn to page 3, $1 and 4. t;, CuMhif'1"I I L hCPttlITII (a) 1'tnancii (Crawlurd, Corny, Corr, llillmlirl, Glick) Mr. Crawford reputed the cummittuu ractolmanded "do panne on urda. 34,24, he, /,7 and Ren, 114 71, (b) Public Allalra (1;owall, Mcllahun, Ntophenn,Duugluo, linitt) fir, 'iu',rull reported tbo coomTlltoe rocommenda approval of Non, 114.7 with ,u„nndmunin which will propartud later. (c) Aducatlun (Keene, Will, Cko)latutl, Ninth) Ar, Kauno reported the committue rer'ummandod approval of Ord. 84.27 by a 4 to I veto; 1 mumbel having an amendment to make; of no Ord, 114 -24 wan recommended for uppruval by a 4 to l vote, in addition rocumn►endatfut► wolf blade for approval of lain, 04.74, 71, 75, 76, (d) Logialative 101mmick, Arnona, ,loan, Nunh, Cruwfurd, Wall, Keene, Click) ilra, Dimanlvk reported the cunlmlttou mmilod lectern to legislative ropronnotativea roger rding 30 67 an wall on the utility relocation bill which now appourn to ho dood, The municipal abnintanco and revenue ahorinl, btll wan (araaod out of the 0anato Plnanco Committee and Included the Z7.0.4 rnilllun, !louse hill 02, Tltln 7.0 punned out ui Pinatico yeatorday and ban gone to the ttulon Committee, if Roo. A4.57 III approved, It could he bent along to legislative committee mombur;i with a letter, hh 375 which would make the Boca cum)rly with munlc)palitlos land use regulations will he heard tomorrow by Renato pinanca, (a) Kona) River Committee: Dale, Corr, Dimmick, Click, Joan, Mc(;ahon, btuphons • J A I ' 1 _r y w r ^."'�-ef,._. ss� KIINAI 11I;NINfiI11.A 110R000II Ab:ilshlltl.Y REGULAR Mlal'1'INr. ►,1- APall. f7 iuue Will 01410 reportod the t.OmmJttoo n►ut and ruvinwud Ord, 04-19 hilt did nut cF,nsa up with isrecomsnondutlou. It In reUusted that Res. 84-72 he - ,'I on the condom uµendu for a`sl,rovul, T711 ru In (one curruct laa to )(I made In the title by the do otlun et' "Pane out ol, the sen.,te lienourt'os Camn,ittoo", Mr, DongIos roil tie istod spocIaI commIttoot, be added to Csusrslttile Reports. 11. AGiINDA APPROVAL AND CONSI.NT AGENDA Presidont Arnens reported Adminintratlon hills ro,(uos;tud Ord. H4-?..l he romoved Irom the agor►da an thin item r.an he taken c.sro of Ioy rosolutiun, Milli, Dimmick reported her Row, 84-79 was placed under the Consent Ar�enda and she wished 1t to romuln there, however, It was placed •.n tl►e agonda In error all only administration generated loglslatlon c•,sn be placed on the original agonda, MItS. DIMMICK MOV1ID TO INCLUDE ICES. 84-79 WITH Till. CONKIINT AGENDA, MR, DOUGLAS 0I1.111CTUD STATING Till) RESOLUTION WAS NOT PKSUNTED UN7'll, TON 1 GIIT, MR6, DIMMICK UNJULST'ED ORDINANCES FOR INTRODUCTION INCLUDING 0141). 84.211, 20, 30, 3 2 AND HIS. 84-72 AND ICES. 84-57 0C ADDED 10 1111: C(1N!IlltlT A(WNDA. 1414, DOUGLAS OBJE(TIA) To INcl.1.18for; of RES. 74 71, Milli, Mt: GAIIAN OUJ11C771D TO ORD. 114-28 AND REfi. 84-57 BEING ON Tilti CONf11;N'1 AUUNDA. MR, DOUGLA6 IthijULNITD REMOVAL OP RES, 84.55 AND Bh.S. 84-77 PROM Till" CONSENT AGENDA. MR. NASH REQUESTED RES, 84-80 DE INCLUDED IN THE CONSENT AGENDA. Mr, Arnests stated he had requested at the last mooting the Mayor's Dudgot message be uddod to the agendu after Item 11 and it has been omitted, lie requested inclusion. Mrs. Wililitelt called attention to Ord, 84-15 Subst. Amended an the donk tonight which should bo lidded to the agenda with Item 1 (a). Proatdont Artless asked if anyone from the public wished to speak on those ordinancos being placed y under the Consent Abonda. lie read the ordinuncea by title, Ord. 84.20, 30 and 32. There was no public colsalont and ti►e ordinancos were set for hearing May 15, (b) Ma. I19 "To Change the Job Title and Description os x sting Socretary Position Within the Kannf Voninaula llorough's Central Peninsula Linergoncy Medical Services (Mayor) (c) flog, 80- "Authorizing is Contract with McLono and Msi eiatos for the Design of Pool Avenue" (Mayor) (f) Financial Report for March, 1984 (0) Vacate section Line Easement, Scenic View Subd., Tract AZ (Approved by V.C. 3-26-84) (h) Res, 84.80 "Acknowledging and Accepting a Grunt in the Amount of $175,000 frout the State tit' Alaska, Dept, of tlatural Iteaource5 to Assist in Costs in the Survey, DeveloplAont and Ifisposul of Landis Within the Moose Point Subdivision. MRS, DIUMICK MOVED ADOPTION 01; Till; CONSENT AGENDA AS CORRIXTED. 1111;10: WAB HO 08,111C1'I0ti, Till,, MOTION TO ADD RES, 84-79 V1AS 91:CLARED MOOT. -2- M l� hl.NAI 1'LNINSULA 11uRn111-II A.'61JIBLYY RHAILAR MI;VIING 01• APRIL 17, 1984 A A A A MAYOR'S STATh OF 'fill. BIIRODGII MESSAGE (in summary) The maloi- points of the message Include information regarding the lncroasod borough work Iliad. The borough is building more school additions -and has $105,000,000 worth of construction underway. It is operating road maintenance service areas and maintaining over 450 miles of roads, and is building roads to state paving standards with upl)roximately $7 million worth of work underway. The computer aystom: ins been updutod and all private and borough lands are In the new system in addition to the attorney's Westlaw computer system being In operation. The borough Is improving the sales tax collections procedures. The Maintenance Dept, workload has increased tremendously the I-lnunce Dept. handles about $5 million each week, the borough is dtaposing of 12,004 acres of land to the public, over 2S times the total disposed of in the past. The Moose Point lottery is the largest subdivision ever disposed of in the State. The Humor garbage balor is In operation and plans are underway for co -incineration in the control droll. Tax accounts hove Increased fly 1/3 and the population has lncreu,iod by 1/3 silica the bast census. The total budget has Increased ICY $1,447,755, which is a 4.51 increase. Total borough valuation Is approximately $3 billion which returns a revenue at 2.5 mills of $7,336.404 and sales tux returns are $5,200,000. In conclusion the Mayor recommended retuining the 2.5 mill rate this your, adding four employees to the Mit i nfangnea !)ept nd' f v f f . :: :: Liaison f ccr Lo coordinate government activities with the cities, the addition of 1/2 time person In Personnel, two persons in Finance, a generator mechanic transfer from lihsintenunce to Civil Defense, it 1 1/2 person to Data Processing, 1 parson to Assossing and it 1/2 position to Public Works. lie recommended expansion of the borough building to accommodate the increused work loud of both the school district and administration. 1. 11il.01 NANCI: 111SAI11 NGS (a) Ord. 84-15 "Adopting a Now Chapter 10.04 to the o1-nuT1 a Tnsula Borough Code to Establish a Waste Disposal Commission and Providing Standards for Operution of Borough Waste Disposal Facilities" (.lour., Stephens, Carey) The ordinance wits read by title only as copies were available for the Public. lir. George Ford, Manager, Union Chemical Company, spoke against the urdinanco stating It would create another level of government and the creation of waste and hazardous materials standards are more stringent than already provided by the Environmental Protection Agency. Public houring was closed. MR. STEPHENS MOVED ENACTMENT OF ORD. 84-15 SUBST. A14ENDED AND THEN MOVED TO POSTPONE 1.1111 ORDINANCE UNTIL MAY 15, RESCHEDULING PUBLIC HEARING AT THAT TIME. In support of his motion to postpone, Mr. Stephens reported he was unable to attend an earlier meeting with Industry representatives regarding the ordinance and it was not the intent of the sponsors to hinder industry on the Peninsula. He believed more time was needed to discuss the ordinance with industry. Ar. Douglas and biro. McGuhan objected to postponement stating the ordinunce is so objectionable, it should be rewritten or voted down. There have been many meetings regarding the subject and people must continue to return to varlous meetings to voice objections. Mr. Carr couuaonted that sometimes It is wise to postpone subjects to ,illow additional time fur input from the public and committee members. The documents then prosontod are In better form. - 3 - KUNAI PhNINSt1LA 110ROUCII ASSEMBLY I1EGII1.Alt 411-ITIkit; ni At•ult t^ „t.i During the discussion it wits mentioned that tilt. 11orouyh I'limnilly Commission could {`provide the services desired by the ordinance with. -tit establishing anothor commission. It couldtrocure the sitos for solid waste disposal facilities and the stand,irdi I.,r operation of the facilities. Mr. Nash expressed concern with the ordinance being; another layer "f government and added there is no authority under borough ordinance Ior the Borough Planning Commission to assume thir. responsibility. lie suggested the Committee consider changes to the borough ptanning ordinance to specifically allow the Planning Commission this authority, or to delegate the authority to a sub-committeo. It is not necessary to have another special commission to operate independently. Mrs. Dimmick urged postponement reporting the Planning Commission's workload has increased considerably due to the poputatlun pro%th the borough has experienced. In addition the solid waste problem:: h.cvo also increased. Site did not consider this another layer of government, as the concept is no difforent from having a Resource Development Commission. POSTPONEMENT QUESTION WAS CALLED AND APPROVED BY A VOTE 01: 1q YI:S: 5 NO: GLICK, CRAWFORD, MC GAIIAN, ARNESS, DOUGLAS VOTING NO. (b) Ord. 84-16 "Amending the Borough Code of Ordinances y6-7Cdding a Now Chapter 17.60, Forest and Timber Resources" (Timber Cmte) The ordinance was read by title only as copies were available for the public. Public hearing was declared open and as no one wished to he heard was closed. MR. NASH MOVED VNACTML'NT OF ORD. 84-16 SUBST. Mr. Nash reported the ordinance is the result of three public hearings hold throughout the borough by the committee in addition to three Planning Commission hearings on this particular ordinance. Suggestions and recommendations were incorporated, at times by compromise, and he urged enactment. In reply to questions from Mrs. McGahan regarding permits for firewood, Mr. Nash reported the ordinance would identify an annual plan for the forest resource within the borough and every your it will be updated and identify use areas consistent with the munugoment ••f this particular resource. Firewood areas would be Identified each year in conjunction with the plan. As a means of identifying the useiige there will be a permitting process for cutting firewood. The permit is basically without cost. QUESTION WAS CALLED AND THE ORDINANCE ENACTED BY A VOTE OF 14 YL•S: I NO; MRS. MCGAHAN VOTING NEGATIVELY. (c) Ord. 84-21 "Changing the Name of the Central en— n`suYu Emergoncy Medical Service and Ambu- lance Services Area to the Central Peninsula Emergency Medical Service Area" (Mayor, Roy. CPEMSASA Gourd) The ordinance was read by title only as copies were available for the public. Public hearing was declared open and was closed as no one wished to be heard. MR. CORR MOVED ENACTMENT AND T111i ORDINANCE WAS UNAN:I40USLY ENACTED WITHOUT DISCUSSION. (d) Ord. 84-22 "Amending the Kenai Municipal District Zen ng o e to Incorporate "Planned Unit Residen- op tial Develment Ordinance" Within the City of Kenai" (Mayor) 4 - �6- XV:1AJ I'LNIN.SULA 11014011611 A!i:;I.hllll,Y ltl;(;III,Al( MUTIN6 W APRIL 17 114 The ordinanco wict read by title only an copica were avallablo for the public, Public hearing wati doclorn of opon and wuls cloned an no oill• wl:ilsod ti- lit, heard. 11118. (;I.I(:K MOVED I:NA(:'1'1,11:N'l AND '1111. oltlifNANCL WA!) 11NANIM011SLY UNACTIA) WIT11011T DISCIV;51014. (o) Ord. 84.13 1111ozone of Lots 1-10, Block 2,, Donny Fi—u(-)'K-V57ji-Jlvlision from Atiral RofldontlaJ to Suburban l(cisidential District, City of Kenai" The ordinance wais read by title only as coplois wore available for the public. Public hearing was tlocli.ro 41 opon and wan closed aii no one whilisid to speak. HUS, clACK MOV1:1) ENACTMIAT Oil 0119. 94-23 AND TIR MOTION PASSED UNANIWI)SLY wiTnoin' DISCUSSION. (f) Ord. 84-24 "Anionding XPR 1.20,020 to Modify Irtaco -urea for the Approval and Purchisaa of Furniture and Lquipmont for Now Schools or Capital linprovoinontis" (Education Cmto.) 1:is The ordinance war read by title 0111 copies were available for tho sroy 1) n and was closed as no ono public. Public hearing wici docli opon wished to speak. MR. KI:I;Nl! MOVED 1:NACTALN1 01; ORD. 134-24. Mr. Corr objected to the ordinance believing the procedure pronontly being followed to be working satisfactorily. Mr. Nash )oIntod out that Sec. 1.20.020 rolateg to capital improvement It6o uni See. 1.20.025 refers to purchases for now equipment or furniture budgetod by the assembly. The individual atoms are loft to the discretion of the school board. The assembly will still approve the budget for the!so particular items. The ordinance has received considerable study br, the school district, administration, and the legal dept. It ollin nistot, six to eight wookis dolis between the time for request of the Itunin and actual award of the bid. Mrs. Vinimick favored the ordinance, stating the borough school board followis the procedures and instructions required by thoir manuals and the aiiaitably in not sidentopping Its responsibilities, The ordinance merely eliminates the presentation for approval of the name list i3evoral times. -Irb. McGishisit :stated she would still like to sea the listii even though It may noom an exorcise its frustration. IIMr. Keene reported tho ordinance eliminates iiooing the list is second tisoict which will tiuve the borough money. Bids go out on varlouls ltomfi and by the timo they got back the price quoted may be contingent on is 30 dwy period for purchase. If the assembly delays the lint by requesting to see it a second time, the period may lapse and any discounts loot, Thlo ordinance provision a more efficient system. In roq)oaso to quontlons Mr. Koone reported the second 115t the assembly will see Is aitor Items have gone out for bid and have boon approved for purchase and whether or not there Its objection to Itoillis welch have Bono through the procedure with low bids accepted, It will be too late to ob)oct, Mr. Cisroy objected to tho ordinance stating the assembly should hsvo more scrutiny of public funds. This Is a nisfoguard and keeps the 6- pqo1oly looking for lower pricosi. Mr. Vale exproiss(A support for the ordinance and !stuted he was teddy to vote, 2 /I ! -- 0 , 1: F ► 1 i s i hhNllf I!hN11�1i111,A-II11unN7I A;S'SILMgj,Y u1sOULAR M1.1.'11Nr, 111 .APltll, 17, 19114 1611111, GLiCh MOVED FOR 'Pill - I'llkVIOU5 111N!!;1 ION AND '1111s Mlrl 111N PAf;i ,l.11 I1Y A ' VInh 1W 11. YL81 3 Nos COlth, K1!WI AND 1SEWALL VO'IINc NO, I++IRMITION WAN QALLCD ON RNACTMRN'I AND 'fill; 1401ION PA1S31.11 BY A Vo'l1, of 11 At 4 NOs CORR, CARVY, MC GAIIAN AND STWIIII!NS VIYI IN(; NO, •MIS, MC GAIIAN GAVI! NO'l WE (►1' IIECON'SID1101 ION 1,011 '1'llit N1:a MLI,'I ll;(;, (I) ord, 11!1_ 25 ��Io'zma or t;ilVUrllmogt Im lib, City dotZbl"T, front GonF,ral Coln►oorclal to Ilrbal, 11oni- ttial to ntrict and Amending the hunei Lund Un" Mall" (Mayor) The ordinance wan read by title oat at, col,lun wol'o available for !hotpublic, Public hearing wan declare ES open and wan cloned as no ono wished to spunk, HIM, GLICh MOVh11 PNA('I'MhN'I of, Olip, 84 LS AND '1111; 11(rlION I'A.';'.I.D ISY A WHE OF 14 YLGi 1 NOt NIM. NC GAIIAN VII/ ING NI!GAIIVI.I.Y, (h) urFl, 84.Ah "Aproprintlnn 1210,000 from the ihllion7}sllltfed Fund hltlancu to Lfitahllnh a Contin }Money far the South Ponlnnula llonpital Gorviee Are,l (;a111tal Pro jerfi 01 (14oyer) The ordlnanw wall read by title only as coplun were avallahlc for th,' publle, Public hearing wan declared upon and wan cloned an no ono wlnhed to npeuk, MR1S, DIMMICK NOW) 1!NAC"IWNT oil 0119, 84 • Z6. Nrn, I490ahun stated the would vote against the ordinance st the gars the im►resxlon that the annombly ban no bunlnunh dealing with I, 8ulsth 0011111sula Ilonpital Gervlco Arolfn affuirs, Mrs. DJmmick stated the ordinance is routine; however, the would !!h1 to have seen xamo Information from the hoard rogardit►g the rolSuunt, my, Dtephens recalled several mot►thx age the Goutb Doopitol gn,11p reported the service urea wax not the unnumblyIo uffair, and he would tbornkro nine veto uguinst the ordinance, NO, CtIRR M(WE'll TO AMEND To ADD A PI PT11 WlILR8A8 To RLAD s "WDLKI'Ah I'lih A14811N13LY 01,11,11113 IT IN THE, BENT' INTRUEST 10 PRAVIDt; 111;1'II,It Cf7MMUNICA1101110 hRTW11RN ';'ill! 8o11T11 PENINSULA HOSPITAL G1!RVICIs ARLA AND 'fill', KN,NAI 111,1111 fill ULA BOROUGH A581101X, AND" Nrx, Gllek believed there uro other wayn to bettor communicatioan mitt) the boards. The ansombly should create an atmosphere of friondlinoan and one of eo„poratinn, Mr, Wait opposed the amendment stating thin in not the appropriate place for nuch a ntutomont to be made, Mr, Nash commented if the aasombly witstlon to acquire bettor coxlmunicatlons then the ordinance should be delayed until the first of 149Y and invlto the hospital administrator and the heard to attend, President Arneen reported the hoopltal udminintrutor has Indicated the group would he available to meet with the unsombly on 14ay 1',, MR, NAfSH 140V1S1) TO POATl10111 'fill,, ORDINANCI, IZ'1I1, MAY 15, Mrs, Dinxtick sstatod it Is unnecossary to delay the ordinance. The hospital building, project in near completion, and the funds are needed, Nr. 1)ougluis favored pootpunomout stating It In v large stun of awney and there In an ox(tslunatlon regarding fund use. No requested Information from udministtution regarding the 11014y, KI;NAI_111;NINIiI)I.A 1111R011611 A.S!;LNlllLY,1ILGI11,AR MhlAANG�01 APRIL 11719811 Mr, norton :stated the arneuttt i11 ler' the chunito ordors noodod to complete the project and the dolay would croato se hardship for the c„nt ractor" 1, Attorney Bovdokor reported the change ordors hove hoop executed .o►d the work Is In prol,t'ocw, 'I'he huruutth Is coaslug to the lllnit:s as to what hiss been aUthotlied as expenditures. It la not just the charge urduru but there nwy be othor people within the base project who may snuffer us the result of the delay. Thoso are logul obligations of the borough, Mr. 11.4vrt reported on lob. 111, 1984 he sont is memo to Mayo, •I'hotn,son and a copy to the hospital udmlni:ttration notifying them ilea Noir contingency was $625.on, At that time change ordors 1 thru 4 had been executed, since then ch,sn):o ardor 5 for $14,837 hiss been encumberod. Mr. Dale requested the motion to postpone be defeated uud the assembly proceed to minsfor the money to the proper account. One of the assenlblyss rospunslbilitlu:s 11s to retain the moneys in the proper account and to tran:iter lit an orderly manner. Mr. Stephens uJso bol loved the assembly should proceed with the tronsfor of funds uud not hold the project up, MR. NASD WITII0111% HIS POSTI1ONI;ML'NT MOTION. THERE WAS NO OBJECTION. MR. IJUUGLAS MOVED TO AMEND TO CIIANGI; THE APPROPRIATION FROM f210,0) 0 to $15,000. Mr. Corr opposed the amendment stating tite $210,000 is not is great deal of money, the fundo havo been apocifled to cover the change urdern to complvto a cunastruction project and to withhold the funds may create problems. Mr. Carey believed two wrongs de not make u right, and the assembly should not withhold funds that rightfully bulony, to the service area. Mr. Douglas expressed Lire desire to see something from the hospital sorvlce area board Indicating they wished to have these funds tran sferrod. Auyor Thompson :,toted the hospital service area minutes du not show any royuosts from the board for those funds. The request came from the udn►inistrutor, Mr. Mike Herring, Mrs, 1)lmmick culled attention to the memo in the packet from Mr. Ilorring which states the beard wishes to have the transfer made. CSTION WAS, CALLED AND 'fill! DOUGLAS AMLNDMENT FAILED BY A VtYI'1: of. 3 :i To 12 NO, NA`H, DOUGLAS AND STI;PIIENS VOTING YES. MtISTION WAS CALLED ON TIIL CORK AMENDMENT WHICH FAILED BY A VOIE Oil 3 YI;S: 12 NO: VOTING YES WERE CURB, CAREY, STEPHENS. MRS. Dit•IMICK ASKED I -Olt UNANIMOUS CONSENT AND THE ORDINANCE WAS 11.11ACTI;D UN AN UIOUSLY. Mrs. Glick stutod the minuton received do not indicate the request from the hospital board and she wished to see such verification. 1IRR, WALL1 MOVED THAT A 1,13711111 oil ItIa2UI:KT Bg HINT TO THE, BOARD FOR THE 11INUTL:, OF THE 14131ING WIIEItE TNI; BOARD APPROVED Till; BUDGETS ALSO W IEN, Wtlliltls AND WHAT TIDD: MLbTINGS ARE SCUEDULED IN ADDITION TO THE IaJUIisT rRUM not,, GLICK FOIL MINUTL1 % V1;RIFYING THE REQUEST FOR TRANSFER OF Tfil3 $210,000 IN ORD, 84.26. I4rs. McGullan rvquostod the letter Include information regarding the requirement for notice of public meetings which should be given 7 i 0 . -- KENA1 I'LN1NSULA k01101101 AONF&INI v al:r:ttl At) ut 1. rlul• 01. AM) If although this procedure is not st-t forth in the code for this service urea. Mr. Arness reque>ted the attorney to draft the letter for Ititi signature. Mr. Crawford objected to the motion and discussion stating; this item Is not on the agenda. lie believed tire request should be taken up at the proper t i nay, which would he under assembly comments. President Arnoss ruled the motion in order. MRS. GLICK MOVED TO UPHOLD Till; CHAIR AND THL MOTION 1'ASSLD III A VO'IL OF 14 YES TO 1 NO; MR. CRAWFORD VOTING NO. THERE WAS NO OBJECTION TO UNANIMOUS CONSENT IIIR 'I'll). Itl:tllll::;T . (Nlr. Crawford's objection to tiro motion noted). Mr. Sewall stated the voting system seems to be unreliable and requested the assembly cease to use it. (1) Ord. 84-27 "Approving the Total Amount of the c oo u got and Appropriating $8,660,663 for School Purposes for fiscal Your 1984.8511 (Mayor) Tile ordinance was read by title only as copies were available for the public. Public hearing was declared open and was closed as no one wished to speak. MRS. DIMMICK MOVH) ENACTMENT OF ORD. 84-27. MRS. MC GAHAN MOVED TO AMEND THE ORDINANCE AS FOLLOWS: "A reduction of $1,072,359 in the school budget would amend Sec, l of Ord. 84-27 by reducing the $47,836,S78 to $46,764,219. Sec. 2 would be amended to read $7,S88,274 in lieu of $8,660,633." She reported the borough budget request for Fy 84-85 requires is tax levy of 2.S mills which generates $7,250,000. Reducing the local effort to the School District by $1,072,359 would make a tax credit of approximately 251 possible. Mrs. McGahan stated that although the borough does not have Iine item control in the school budget, and the board will take the reduction requested where It chooses, tire cut is possible without affecting the classroom program. 'file majority of this cut could come from management at the second and third levels. Only a small amount would affect the classroom and that would be In the area of ceramics. Mr. Corr and others stated that the public has not voiced opposition to the school district budget. There has been population growth, school additions are continually being made and the district has a good educational program. Mr. Carey reported the borough has received honors for its educational program. Soldotna High School and Junior High were identified as two of the 150 top schools in the nation. In the last two months the Konai Junior High has been identified as a program to be looked at as a model school. Homer High is a school which will be part of a network for future curriculum trends. If you look at the quality of the product, the borough has many reasons to be ;proud of its schools. There is some disagreement that we are building too large and too many expensive buildings, however, the voting public has approved the bond issues. lie could not envision schools getting smaller when there is already an overall Increase of 1/3 in population. There has to be some increase in the local share. 8 - 0 ,t hl:NAI PI.N1NSULA R014:UGII ASSIMIt1.Y It1iGI11.Alt M1:11'1NG 01, APRII, 17 1984 Nr. Nash believed It counter productive to try and cut thls budget. A buditot cut could alfect tlse quality of oducution and still not address .usyonu':s particular concorns, lie opposed Mrs. McGuhun's amendment as there is no basis for it. Mrs. Dinanick, Mr. Data and Mr. Stoffshons spoke against the amendment and in favor (it approval of the I)udget. All Information received favors budget approval. Mr. I)ouglaa thanked those who wrote and culled film about the budget, all of which were in favor of the school budget. QUESTION WAS CALLED ON 'fills ANhNDM1'.N'1' WHICH FAILUD BY A VOTE 014 1 YlsS: 14 NO: MC GAIIAN VOTING YIIS. MR. NASII MOVED TO AMEND SECTION 1. TO STRIKE: "school operations bud at of $47.836,57R" AND INSERT INSTIiA11 "amount of money to he uvuilublo from local sources for school purposes" and after the your 1985 insert the amount of $8,660,633, and strike the balance of the sentence. 'rhis would provide the amount of the local share that the school hoard has ruquestod. The Statute provides that if ti►e as:sembly does nothing then the total amount of tiro school budget becomos effective. The Statute gives the approval authority to the assembly, but the only thing he can road into it is the requirement that the assembly shall determine the total amount of money to he made available from local sources for school purpo:so:s. The assembly should he only approving that amount. In response to a yue:stion from Mrs. Dimmick, Atty. Boodokor reported the statute authorizes tile Assombly to approve the total amount of the budget and after that approval of the local share portion. To separate that could result in a situation whore some yours you might lot the total budget go by default and cut the local shuro and thus have is difference between what is approved as a budget and what is uctuully appropriated. Generally when you limit local share, your Intent is to limit the total appropriation, and that would not be accomIll I shod. Mrs. bimmick commented that the Nush amendment will not change anything us fur as the amount appropriated. There is no rousor to Change the ordinance. FOLLOWING FURTHER DUATI!, sUESTION WAS CALLED AND THE AMENI)MENT FAILED BY A VOTE OF 4 YES: 11 NO: NASH, WALL1, CA11LIY AND DOUGLAS VOTING YES. QUESTION WAS CALLi1A ON THE MAIN MOTION AND THE ORDINANCE PASSED BY A VOTE OF 14 YES. 1 NO: MC GAIIAN VOTING NO. .1. INTRODUCTION 01; ORDINANCES (a) Ord. 84-19 Subst. "Amending Chapter 17.04 of the Borough code to Add a Now Section Prohibiting tine Disposal of Borough Owned Lends Along Anudramous Fish Streams Unless the Disposal is in Exchange for Other Properties Along Anadramous Fists Streams" (Nu:sh) Hof to P.C. F, Kon Rlv Cmto. Nit. NASII MOVi:D TO S1:T ORDINANCE FOR HEARING MAY 15, 1984. Nit. NASII MOVU) TO AMEND SE.C. 17.04.200 TO REPLECT fills LANGUAGE PROPOSED BY T11E PLANNING COMMISSION. Fourth line following "or traded except (a) as part of negotiated exchange, in whole or In part, for similar properties with frontage along anadramous fish streams within the boundaries of the Kenai Peninsula Borough or b) to the municipalitios is► which the property is located for parks and recreation services or other governmental agencies." 14R5. DIMMICK MOVED THE PREVIOUS QUESTION, AND THE MOTION PASSED UNANIMOUSLY. y. ,i KI:14AI Pl NIN5III.A WviH161I A:;:, ULGOLAI? M1.1.1 INs, ni AI'll 11, 1 : , Ivs 1 1111hSTION WAS CAL1.I.II 1s:Y 'I111: NA'ill AbihNDMI.N'l WlilC1l WAS IN(:I.UI)I.1) WI'lll '1111, MAIN MOTION TO 51.1' POic 11LARING ANO '1111: 1,IO11ON PA:i%l.p Bl A V1)•IL• OP ') Ylai: U NO: MC U11AN, ARNL.`,:., I:ARIA, C0101, I,IiA00It11, A1411 1111,1141ck Virll!is. No. (b) Ord. I14.28 "ItvvIsItill 'Title 4 of thu KI111 Code of MPW,aicets (;overning Borough Ploctlons" (Mayor) MILS. D114MICK MOVED TO SET ORD. R4-2R FOR HEARING MAY 15 AND 'fill: MOTION PASSIA) UNANIMOUSLY. (c) 0rd. 84.19 "Amonding the Kenal Mupicipal District 7`o—nTn'g7,,,uTo • 'Townhouse Development :itundurds 11, 70.155 I:.l." (Mayer, Roll. N.C.) (d) Ord. 84.30 "Rozono of Lots 7 1, 8, Block 13, TaSo6,T`WIntion, City of Howard, from ono-Fumlly Ronidontlal to Limltod Commercial nintrict" (Mayor) Tito above ordlnaneesi were out for ho.srinl: May 15 under the con seat. Agenda by is uta nlinoust vote. (o) Ord.. 84.31 "Authorizing Itoy It. Weston, Inc. to rocoe th Pba90 II of t o Control Punlnbula Solid Waato Incineration Project and Appropriating $90,000 to Cover the Cunt of the Dovelopnlont of 11haae II" (Mayor, Arnons) Ordinance withdrawn from agenda. (f) Ord. 84-32 "Amending the Seward land Ilse Mup for Mufo=--s-83 3, Josso Lee Ilolghts Subdiviislon No. 2 City of Seward" (Mayor) The above ordinance woo set for hearing May 15 under the Consent Agenda by unanimous vote. K. CONS IDLRATION OP RLSOLUTION8 (aa) Ites. 114.55 "Authorizing the Dlsposul of Borough Treor—JTWICK Are Outdated and Scheduled for Dissonal Under the Dorough'ts Records Management Syotom" (Muyor) MRS. D114MICK MOVED ADOPTION 01: RES. 84.55. MR. NASII MOVED TO AMBND Till! RESOLUTION IN SEC. I Al Till: END O1: Till: FIRST SENTENCE FOLLOWING TILE WORD FILE& "upon review and apl:roval of the Data Acquisition Steering Committee". lie reported this cummittoo is formed from memberss of the Ansombly and Administration and he bolieved thin committea ohould review the records prior to dis)pots!, Mr. Bost reported the Steering Committee on which Mr. Uuugluts and Mrs, Joan are momborss has to do with data processing and the prop,rams that run through the computer. This committee rolatois to prioritizing programa during a period of time. It works out the conflicts for computer usougo. It hub nothing to do with the Clork'a Record System. Mr. Crawford exprosoed cuncorn that the committee would have to review those records requiring uddltlonul time and work, whon the itutnn .src those that are normally dostroyud. Mr. Nash stated lie has eoncoruss with the destruction of prol.erty tux and salon tux records, lie reported getting dllfcrunt information from members of Borough Administration as to whether or not those tax records are needed Specifically for pursuing court cubes and stile of tax foreclosed proportloo. Mr. Barton has provided the manual with retention schodules and certification that these documents have no value. KI;NAI PENINSULA IMR011611 A!;:)I,Mlil.Y_ltl.G111,A1t M111ING DI APRIL_l.7_t.1Y1i!l Mr. Dalo belloved Mr. N,s:sh has brought forth is valld emlcorn and Its, I'll `: rn t t s t 1fto a mendmou t , and Ito ADDED TO '1111: AMI:NI►Ii11;NT THAT IMP. NASI I his A111)�:11 'I'tt ''111, ti'1 HiR I NG COMMITTEE AS A MLMRJA(. Mayor 'Ihostpsou sul.-gotitud slnco Mr. Nash lx an a turney, acquainted with roc( lit, that porhap:) )to should be appointed us a commlttoo of one to review the records. Mr. Dale commented that Ito would he puppy to chatigo his amendment to reflect the uppolntntunt of Mr. Nash an is committeo of ono and would ask unanintoua consent. Thurc was ob)octlon, Mr. Nash •itatod his Intent is protection of rocords that the borough may noed in the future. Mr. Douglas hol loved thlsi to be the business of the stooring committee and appropriate for this committee to look at the records. In reply to it quostlon from Mr. Douglas, Mr. Nash reported he would be pleased to curve on the committee. ,41t. DALi, MOVED TO CIIANGL HIS AMENDMENT AGAIN TO ADD MR. NA511 AS A MEMBER Of' 'Pill; STHIIRING COMMITTlili, AND ASKED IINANIMoUS CONSENT. TIILRli WAS NO OBJECTION AND SO ORDERED. t2UESTION WAS CALLIA) ON Till's NASH AMENDMENT WHICH PASSED UNANIMOUSLY AND THE RESOLUTION AS AMIINDIA) WAS UNANIMOUSLY ADOPTED. (a) Roo. 84-57 "Requesting the State Legislature to Adopt Iouso Community and Regional Affairs Committee Substituto fill 172 As Amended That Would Clarify and Update Title 29" (Glick) MILS. GLICK MOVIiD ADOPTION ON RIiS. 84.57. The hill is now In the House Rules Committee. The Municipal Louguo has requested resolutions in support of this bill. y ?fro. McGalian spoke against supporting fill 172 as It will eliminate the third clam borough form of government. An unincorporated area should lluvu the option of loaning is third claiio borough If It chooses to do an. 41UESTION WAS CALLED AND THE RESOLUTION ADOPTED BY A VOTE 01; 13 YES, 1 NO; i ABSENT. MRS. MC GAIIAN VOTING NO. MR CORK 7'1iMPORARILY ABSENT. (b) Res. 84.71 "Declaring the Round Portable Classroom THM ut�oriing School Surplus to the Needs of the School District and the Kona( Peninsula Borough" MILS. DIMMICK MOVED ADOPTION OF RES. 84.71 AND FOLLOWING AN EXPLANATION OF THE CONDITION Oil THE PORTABLE CLASSROOM BY MR. HAKERT, THE RES. WAS UNANIMOUSLY ADOPTED. (c) hots. 84-72 "In Support of, and Urging the Adoption or oasmltteo Substitute for Sonato Hill 417 Puss Out of the Senate Resources Committee" (Kit Cmte) MR. DAI.II MOVED ADOPTION 01: RES. 84.71 WITH THE. CORIIIICTION TO Till: TITLE DIANG MADE TO IIELLIT "PASS OUT Oil 771E SENATE RESOURCES COMMI'1'TLE" AS IT HAS ALP"/ADY PASSED THAT COMMITTEE. Till! 111:SOLUTION WAS UNANIMOUSLY ADOPTED. (J) Res. 84-73 "Requesting That No Proa cting Permits e1lTssuecTPor Offshore Areas in crook Inlet Until Additional Protective Regulations to Protect Fishoriesi Ara Implemented and Requesting No Pruspecting Ho Allowed Within Ono Milo of* Cortain Areas" (Pimmick, Dole, .loan, Keene, Walll) i : I r i KBNAI PENINSULA IIl,RODGI1 A,-;!;CIdBLY II0,I1l.Ah 11111lNG nl. APltil, 1 /, I'r' t MILS. DIMMICK MOVLD Aluil'TION of; Ill..';, 114 MtNtuphe,u► opposed the resolution ,oral hellevr,d there aro adrrloate suiepuardu for the finhoty provided by the Plbh and Game. Mode, their 01111e1-vi+sion It problomn urosu, this agency c"old stop the uslniny "Point !on". He ntatud the sulmn" do not "pawn In the Inlet anyway. Mr. Maio reported tharo urn two major problem's with the prement Stare roy.uintlonn and l9alounc'e of pr"nImutIng permits would nerloualy al fret commercial finhing. One bun to clip with the huller zones, between anadram,us etroumu and rivers and ar►y arenn of prospecting where ranource aetruct.lun would occur. The buffer zone In sou foot which Is entirely Inadoq"it to, Itlyht flow commercial flahlnll Is not uilowed within ono mile of the mouth of a river, and mineral extroctlun should also be limited to one mile of file mouth. Also, although they 11.1ve deleted somu tracts in nenaltive arena, they have not deleted s Q ,, in Tuxedni chunnei and fhlnitna Buy. After attending the Planning Cemn►isnfun meeting and thinking of the problem he believed it to be it; the beat intore,►ta of the borough to puntponu thono lua%ew fur a certain period of time In order to addreau the two area% muntinurd ", until the borough adopt, a rountal zone management plan. Mrs. Uimmick alno attended a meeting rvyurding this subject and one "I the eoncorns she hats wan shown in cfuentf0111bg Dept, of Nutur,sl ►to%uurcou representatives. Thuro In very little time between the time the program In bring reactivated and the time thus actual pr"ifIncisn1; could be time. 1f it company hurl their plans arranged, pr"ItImcting could occur by August. I a exprunned concern that noconnary prntcctive restrictions have not bees► developed nor 6% uninrcement of the regulations boon adequately uddru%pvd. Mrs. Dimrnick cummentud ohe in nut totally aguinst prospecting or now resource dovelapmunt, but there are already ronourcas bringing in Income and them, uhuuld not her je" pardized, Mr. Douglas exprosood concern with Section 1 which leave% nip open ended situation. MR, DOUGLAS MOVRD TO STRIKE SECTION 1 IN TOTAL. Mrs. McGehun stated Section I is very Important for protection "f thu fishery. Thorn roust be adequate protection of the resources. MR. SHWALL MOVED TO RETURN VIR MINDING To SEC. I AND ADb AT 1111 LND OF TIM PARAGRAPH ADD; "whichavor comes first.-, MR, Df1116LA8 WITHDREW HIS AMENDMI141. UNANIMOUS CONGUNT WAR AIIKIID AND GRANTED ON THE SEWALL AMI:NU1,11,10. MR. NASH MOVED TO AMEND Tills RNOLIITIUN AS RRCONM11N1111U SY THL ?MYIM TO DELETE "for a period e1 une your from this date to allow" AND ADD 'fill, WORD "until" ou ilia phrase would road "raqueats tho De11,urtment of Natural Ra60Ufcen to not Inuuu prospecting permits fur nffnhore area" In Cook Inlet until regulations to protect its marine life and...," The Mayor stutod DNR might be able to provide adoquato rugulutiun;; within one mouth or It may take several years, Q1 1ESTIOti WAS CALLED AND THE AMENDMENT ;•AILED BY A VOTE Of 4 YL3, If ©t NASH, ARN1138, CORR ACID DOUGLA S VOTING 'f11fi, Mr. Dale urged resolution approval. Thera in a very viable fl;cbery and he believed DNR could use the time to Improve regulations trr protect the resources, QUESTION WAIT CALLIVII ON TIM MAIN MOTION TO Aix)I 6 RIJ, RK 73 A% AMI:MMI) AND THE MOTION PAliRl;b BY A VIrIl1 OP 13 YES, 1 All.'414TI, 1 NO; MR, DODGI-M, VOTING NU; MRS. GLICK TI;f411011ARILY Ail!;P.NT, 12 - a , KII.NAI I'I.NIN:,Ul.A 110RuUGH ASSIABLY REGIII.AR MILTING t)i AIHIL 17�I9144 (o) Iles. R4-7 "Roquosting a Grunt from the Stato of as a rf-ir I'lanning, Dosign and Construction of it New Smell Boat harbor at Ninilcliik, Alaska" MR. DALL MOVED AVOI'IION Ol• IOi:i. 114-7. President Arness culled attention to a series of pictures in the back of the room. lie called a five minute recess to allow time to look at the display. Mrs. Barbara Hanta, Nlnilchik, believed the purpose of government is to do for people that which they cannot do Individually. As Chairman of the Nlnilchlk Chamber of Commerce, Small Bout flarbor Committee, she requested assistunce In acquiring is now smuII bout harbor at Nlnilchlk. She presented a brief history of the harbor which was built In 1950 and enlarged to accommodate 32 bouts. Since the early 5019 the harbor has been overcrowded and the people have continually asked for help. FOLLOWING THE PRESIINTAT'ION, MR. DALE MOVED TO AMEND THE RESOLUTION BY DEL11T'INC 1-ROM Till: TIT'IX "A GRANT FROM" AND "FOR PLANNING" AND ADDING "TO" The title would read "Requesting the State of Alaska to Design, and Construct is Now Small Bout harbor at Ninilchlk, Alaska" DELETE Till's LAST WHEREAS AND DELETE FROM SECTION I "for a grunt to the Kenai Peninsula Borough" THE Ai1LNDMIINT AND TIM RESOLUTION PASS111) UNANIMOUSLY. (f) Res. 84-74 "Authorizln a Contract for the Con- s rust on of Kenai Peninsula Borough School District Media Center/Warehouse Addition Project to Dorloth Builders, Inc. in the Amount of $863,347" (Mayor) MILS. 01*11CK MOVED ADOPTION OF RES. 84-74 AND THE MOTION PASSED BY A VOTE OF 14 YES: i NO: MCGAIfAN CASTING THE NEGATIVE VOTE. (g) Res. 84-75 "Authorizing a Contract for the Con- s ruct on of Paul Banks L'lomentary School to Alaska Western Construction, Inc. In the Amount of ;848,850 I'ondin'r the Sale and Delivery of 1183 School Bonds" (Mayo MRS, PIC GAIiAN MOVED ADOPTION Ois RLS. 84-75 AND NOTED CORRECTION 01; ALTLR14ATE 2 TO READ ALT. 3. THE MOTION PASSED UNANIMOUSLY. (h) Res. 84-76 "Authorizing is Contract for the Con- strucTn-of Soldotna .Jr. high School to in the Amount of ; Pending t e .a o an Delivery of 1983 Sc o0 Bonds" (Mayor) MR. CORR MOVED ADOPTION OF RES. 84-76 INSERTING IN THE BLANKS "MC CANN CONSTRUCTION COMPANY, INC., 01; ALASKA, IN THE AMOUNT 01; $4,588,223. TIIE MOTION PASSED UNANIMOUSLY. (d) Res. 84-77 "Setting the Date for the ltuard of Equell- z'aTun 7 wrings and the Dates When Taxes Are Payable and Delinquent" (Mayor) MR. NASA MOVED ADOPTION OF RES. 84.77 CHANGING THE HEARING DATE. I14 SECTION 1 TO MAY 1. THE MOTION PASSED BY A VOTE OF 13 YES: 2 NO: CORR AND CRAWFORD VOTING NEGATIVELY. Attorney Beedeker reported this change in hearing date creates a problem as May I is the regular assembly meeting date. Code Sec. 5.12.040 provides the Board of Equalization shall meet between the hours of 6 p.m, and midnight from day to day until hearings on appeals are completed. - 13 - I'.NAI PIiNIN)i111.A IU11111111AI A';1,1kilt IV 1)1(A11All 1t1191w .11' 1lll. I K The Clork commentod that she' was uncertain why the a,scK:nn"nt n.,tice:l show M1ty 1 as the buginning of the hearing:., Ir.• final I,rotests can he r'-.uivo,l through April 30 Lind time is needed In thy• Assessing Drpt. to ),,.itlit r the Information to present the c•ase•i. Also, there n1u•:t hr adequate time for appellant notification. MRS. DIMMICK MOVRD TO CIIANGI: TIII: REGULAR ASSL•MIsI.Y MI?11'ING IWII. 'ro HAY 8, 1984 AND MOTION PASSED UNAN1MuI1SLY. (!) Res. 84-78 "Ap{,roving a Contract with CTA Architects s aoc uto with Zimmer Gunsol Frascu I'artnerahip fur the Preparation of a Mastor flan, Progrltmming .slid Block Drawings Including Cast Estimate for it Corti- fictlto of Need and is Bond Issue for it Cast Nnt to I;xcoCd $32,S00 and Approving Translerring $luu,0(u. from Affiliated Ancillary Servicos Account No. 600- 821010-43981 to the Chemical Dependency Unit Capital Project Account No. 4911.811010-49999-8400 and Approv- ing the Lutheran Hospital Lind Homos Socloty's Services for a Chemical Dependency Unit and a Master flan for a Coat Not to Exceed $17,001!' (Mayor, Rey. CP1ISA Bd.) MR. STIIPFIIsNS MOVhi ADOPTION OF RES. 84-78 AND 'I'l►f: MOTION I'AStihD UNANIMOUSLY. (o) Itos. 84-79 "Approving Additional Regulations and rocl—clur'oo for the Oporatlon of the Souti, Peninsula Road Maintenance Servico Area" (Dimmlck) MRS. DIMMICK MOV1'sD ADOPTION Oh RES. 84-79 AND 7'FIE MOTION PASSLD UNANIMOUSLY. L. PHUDING LEGISLATION (u) Ord. 84-1 "Amending KPB 16.24.080 Pertaining to Powers and Duties of the South Ket)al Poninsula Ifospltal Service Area Board" (McGahan/Dalo/Stepl,ons Dimmlck/Joan/Douglas/Ila11I/Glick)(Ito f Cmto; 1.3) (b) Ord. 83-92 "Ropouling Chapter 21.12 of the Konui Peninsula Borough Code Pertaining to Prohibitions of Noxious, Injurious or Hazardous Uses of Pro- porty" (Dimmlck) (Rof Plan (ansn 12-6) M. FORMAL PULS);NTATIONS WITH PRIOR NOTICE (None) N. MAYOR'S REPORT (a) Soldotnu High School Beam Report The Mayor reported there is no change in the Soldotnu Iligh beam. (b) Summary Report on Construction Projects (c) Progress Report; Employee Negotiationb The Mayor celled attention to Mc,zo 84 71, i:mployov Negotiations and frtated nugotiat)ons were concluded on April 9, fie provided a brief summary -of the report. (d) The Mayor mentioned the Isradfurd/Borough suit which In in the back of the packet. 0. OTHER BUSINESS 14 - J M 0 jV,, KIiNAI PENINSULA 14O11011GII ASSI_MI4LY 111:01LA1t Ml!l:'l'INf 01; AI'Itll, 17� 1984 (u) Res. 84•�O "Adopting 1'rocoduras Governing Assembly Travel and Other Isrocoduros us Contained in the Assembly Manual for 1984 as Revised on December 20, 1983" (Dimmick, Legislative Cmte.) Adpt w/Recon Mr. Arnoss reported he had requested this item ho reconsidered at this mooting and since It is past midnight, It is too late to act. Ho a:tked the Clerk to place it on the next agenda. (b) Limiting of Time of Public and Assembly Speaking (Dimmick) Mrs. Dinmlck spoke rogurding the lengthy donates of the assembly and the three minute time limit for public presentations, stating that the three minutes is not always adhered to and assembly members also are guilty of very lengthy discussions. A timer clock is boing installed which will be visible to the public as well as assembly members. (c) Appointment of Sales Tux Committee He Ites. 84.29. Mr. Aru.ss appointed himself, Messrs. Nash, Carey, Skogstad and Mrs. Waill to meet with the city representatives. Ile will be In contact with the Administration and establish a time for a meeting. 11. ASSLMBLY AND MAYOR'S COMMENTS (:s) Mrs. Glick reported talking with President Arnoss briefly about travel, and ;lie wished to report that on April 28 % a is scheduled to be u speaker in Port Yukon, and May l will be travelling to Hawaii for the NACo meeting as the AML representative. She reported for the lust 1 1/2 months she has tried to find a replacement for Carol Maser on the WIR Board of Directors, us she no longer wishes to serve. She thought she had a person but Friday this person did not choose to go. This is the reason for the Hawaii trip, as she will represent AML on the WIlt Board. She asked if there were objections, and if so she would travel at her own expense. A lengthy debute ansuod regarding assembly travel outside the borough by the assembly members. President Arnoss requested assembly direction. In the Ity I983.84 N4dyet funds were authorized for a certain amount of NACo travel, if needed. Mr. Corr has attended several NACo meetings, and when he asked the President about attending the Hawaii conference, he informed Mr. Corr to proceed with his reservations. At the samo time, he requested a reservation be made for someone else to attend the Hawaii conference and then decide if these conferences were of value to the Borough. lie had requested Mr. Stephens attend but lie is unable to do so. On this assembly there are two mombes of NACo committees, Mr. Corr and Mrs. Dimmick. The reality Is that the travel budget is depleted because of the Alaska Municipal League travel. When the budget was prepared, the assembly was unaware it would be funding AML travel. There is a contin ency in the budgot that can be transferred to travel. lie stated further he would have no problem sending both people or sending none. lie specifically asked assembly direction. Mr. Dule believed the needs of the Borough could be well served by Mrs. Glick on this particular trip (NACo conference). Mr. Sewall stated that last year's budget funded NACo tstps and since Mr. Corr is on a committee, he believed the assembly should approve his travel. The assembly should look at its travel budget for next your. Mr. Nash stated the present budget funded committee members attending these conferences and now that Mrs. Glick is AML President and the travel In furnished by the hosting municipality, perhaps the assembly should transfer c4,ntingency funds to cover the item. - 15 - K1:;JA1_I'LN1YSl11,A hUltuilt;Il ,11.:;LMItLY 10L1.IILA1t b1l,lA11k1+• ttl AI'HL 17Y 1•+:1•1 Mr. Douglas t'nunurntrd th.,t he h.,d no, tr•.nhl•• with t,-unnittonu•mh••t•• attending; theme "Wet I11W: it flivy have voting; rigJ. •. Mrs. pims+ick believed the u:;senthly should he keeping; up with tlu• payments in lieu of tuxo:+ and the public luaQ. issues. Thin h,•rmigh has been recolvinl; over $500,0011 ,t your paystont:; in lieu of taxe:•. bile is a member of the Steering Corrmittco on Public Lands which is directly Involved with I'(, rest hinds and payments it, Ile•u of taxes. She did not foul travel to these various conferences to be is necessity as information Crum the conferences is avttllablo. Mrs. McGuhan reported that Mrs. Glick wait not a member of this assembly when -;Ito wa:. elected as vice president of AMl„ which put 11,1 t then In line for the presidency. Mrs. McGahan stated she wu:; not aw.tre when Mr. Corr became a mombor of the I nuance Committee and Mr:•. DImmick of the Steering Committee on public Lands. The assembly hits Wit put Itself in till' pncition of obligating; itself to travei. Mr. Carey believed any assembly person making it trip, should present it written report to the assembly. fie objected to people taking trips to Juneau anti olaowhere to advance their own politic+ti careers. Mr. Arnoss authorized the three people to attend the NACo Conference In Hawaii if there wait no ebjoction from the assembly, lie further requested a transfor of $5,000 from assembly contingency to tr•,vel he placed on the next agenda. MRS. MC GAHAN MOVED TO Ats'1•IloklU MRS. GLICK 1*0 ATTEND TI11i 11AWAll I CONFERIINCE. Mr. Crawford reported he could not vote on this motion us it rel.ttes to borough finances which therefore mukos it it legislative Item. Mrs. McGuhun stated her motion relates to a person attending;, not to �- the direct request for funds transfer, so it is not a legislative Itemregarding borough finances at this time. Mr. Corr reported the appropriate motion wou1J be one to Uphold or Overrule the Chair. Mr. Arnoss stated his request was for an advisory opinion from the dssombly. This would be an advisory vote only from the assembly. i i Mr. Nash reported Mr. Arnoss has made his docision and the motion by .. Mrs. McGuhun is one overruling that decision and is out of order. Mr. 13oedeker reported the motion to overrule the president's decision would bo legislative us the present resolution allows the president to make the decision and to do otherwise would require another f resolution. Ii I (b) Mr. Crawford commented on the lies, 84-77 setting the date for the board of equalization. The lust day for filing is April 30, and this will make a tight schedule for notifying, appellants, to preparc the documentation and for appellants to make plans to travel to the E; hearings. It appears the assembly may he Involved in more than one I 130E session which will necossitata additional travel. (c) Mr. Sowull called attention to the Flood plain Insurance Memo from Mr. Cervantes and stated the Information received will assist the i d cities with the flood insurance program. Mr. Sewall reported further the planning Commission has provided = definitions on noxious uses as note) in Ch. 21.12 of the Code and the Local Affairs Committee will be studying this document tnd will _ , I provide rocommendation:i to the assembly. 16 . i I r• .. I if KENA1 1'IiNINSULA lt(►RUtIG11 ASSEMBLY lWGULAII_NPIiT1NC U1• APRIL 17�19Hd Mr. Sewall questioned when the City of Seward would rocelve tho 19 sales tax which is needed to koop the hospital open. Mr. Barton replied sales tax pass through has been is problem and now the borough is sending 954 immediately upon collection and the balance later. This change took place the first of April. (d) Mr. Nash reported his amending motion seemed to heve compounded a roblow regarding the IIOL hearings. lie stated a member of the Assessing Do,?artment had :approached him expressing concern that the assessment notices showed May 1 as the date for BOE. Fir. Nash expressed concern over the destruction of records which could be of value to the borough when tax cases and foreclosure proceedings are being administered. (o) Mrs. Walla and Mrs. Dimmick thanked Mrs. Banta fnr attending the meeting and providing the pictures and presentation. In addition, Mrs. Dlmmick stated the service area boards do a good job, and a thankless one. They do not have the full responsibility and yet they work toward the good of the service areas. (f) Mr. Skogstad requested individual letters be sent inviting those members who are to attend the South Peninsula Hospital meeting with the assembly on May 15. (g) Mr. Douglas believed it unfortunate to have three people attend the NACo meeting in Hawaii. He stated the resolution to vote this down should he amended to require a vote of the entire assembly, thus taking the pressure off the president. (h) Mr. We reported the Ninilchik Harbor question is important and when members go to Juneau and talk to administrators or logista- tors to ask them to keep in mind the Corps. report about the feasibility of the small boat harbor is extremely conservative in its estimation of usoage of the harbor. (I) President Arness reported the Homer Hospital Committee meetings have boon unproduetivo. The assombJy will schedule a meeting with the committee members for May 15 at 6:30 P.M. President Arness reported the School Board will meet with the assembly on May 15 at S P.M. to discuss the 5 year capital projects plan. �PUBLIC COMMENTS NT6 NOT CONTAEDINTHE BASSEMBLY'S TMATTERS AGENDA (none) R. INFORMATIONAL 14ATERIALS AND REPORTS (:F) Memo RE: Federal Flood Insurance Pru ram (b Letter RE: Susitna Hydroelectric Prooct Hearings (ci Bradford vs. Borough Suit S. NOTICE OF NEXT MEETING 6 ADJOURNMENT (May 1, 1984) This mooting adjourned at 1:50 a.m. Next regular meeting was scheduled for May 8, and WE hearings scheduled for May 1. ATTEST: osough Cler Date Aypyovod, May 8. 1984 ep mess, Assembly President /jog 17 - J KLNAI PLNIN:;III.A 1►111t(1111;11 It1:t;111.Ait ANS1:l•1111.Y MI:1AANG MINIITLI; AI'Itll, 17, 1984; 7:30 P.M. BOR011C11 ADMINISTRATION BUILDING SOLDOTNA, ALASKA • AG1:N1)A A. CALL To 01t1)I:14 1 B. PLEDGE 01: ALLEGIANCE I C. INVOCATION: Rev. Roy Moore, Mt. Redoubt llssptist I D. ROLL CALL I 1.. VACANCY, DI.SIGNATION 1)R SEATING 01' A.SSliM111.YM1•Mlllilt 1 F. APPROVAL 01: 1•IINU118 OF April 3, 1984 1 Approved G. COMMI'TTI.i. I11i11ORTS (") Finance (Crawford, Carey, Corr, Ulmmick, Click) 1 (b) Public All'ulrs (Sewall, t•Ic:Gullun, E;tophana, Douglas, Uulo) I (c) liducutlon (Kovno, Wulff, Skogatad, Nash) 1 (d) Lol;lalotive (Ulmmick, Arn(tss, .Joan, Nosh, Crawford, Sowall, Keene, Glick) 1 (e) Kenai River (Dino, Corr, Ulmmick, Glick, Joan, McGahan, Stophons) I H. A(#ENI)A APPROVAL AND CONSEN'l AGENDA (b) Roll. 84•UB "'I'o t:h.u)go the Job 'Title and Description iTtTt fizistiny, Secretary flonitlon Wltbin the Kenai Peninsula Buroul:h's Central Peninsula Emurgoncy Medical Service' (Mayor) 2 Adopted (c) Roo. 84.09 "Authortzinbb� u Contract with Mcl.une and Mitio-Mtvo fur the Ileslgn of Pool Avenue" (Mayor) 2 Adapted (f) Financial Report for March, 1984 2 Acknlgd (1, Vac., to Sect Jon Llsic Lis 4umont, Scenic V1uw :;ubd. , Tract A2 (Approved by P.C. 3•10-04) 2 No 01)). (h) Ites. 84.80 "Acknowledging and Accepting a Grunt n tT— iTo TEFunt of S175,000 from the Stuto of Alaska Dept. of Natural Resources to Assist in Costa in the Survey, Dovvlopmont and Disposal of Lands Within the Mouse Point Subdiviafon" (Mayor) 2 Adopted Mayor's State of the florough Mos4age 3 1. ORDINANCE HEARINGS (a) Ord. 84-15 Subst. "Adopting is Now Chapter 10.04 to the Kenai Peninsula Borough Code to Ratablish u Waste Disposal Commission and Providiny. Stan- dards for Operation of Borough Wasto Dlapo4al Facilities" (.Joan, Stopllons, (:.sroy) 7, Psstpnd (b) Ord. 84-11) "Amending the Borough Code of Ordl to 5•I5 nancos UT Adding a Now Chapter 17.00, Foreat and Timber Resources" (Timber Cmto) 4 Enacted (c) Ord. 84.21 "Changing the Name of the Central a en nsu limergency Medical Sorvlco and Ambu- lance Services Area to the Control Peninsula Emergency Medical Service Area" (Mayor, Roy. CPL•MSASA llvard) 4 knacted --.. .e•l1 r � �i. F,r.y IV1 t,0 Id) Ord. 114 99 "Amundlup tho Konal Mnnividal District 7oalll; 61)iTc to Incorporate "Planno,l knit knhld<•n tial Development Ordinance within this t lty "I Kunu I" I May" t ► ("I Ord, 84.1.:5 "kuz"ne "I Loth I lu, bleak 1, Toasty Gr�u�lcu'tuh.Ilvlulun from Rural Horiduntlal to tiuhurhun Rosiduntiai District, City of Kunal'' (Mayor) (f) urd, 84 24 '•Amending KPH 1.2oro1,0 to Modify lrro�oiiiiroic it the Appruval and Puri.ha•cu "I Pur•nituru and Lquipmont. fur Now School•. or Capital Improvumontn" (Lducatlon Cn1te.i Iaart•I w/ket—. (g) Ord. 84.25 "Rozuno of Government Lot 1% , City t;i Ta!i�sT,'-from G"neral Commercial to llthan Roil- duutial llihtrict and Amending the Kenai Land Use Map" (Mayor) h IMLI Pd (h) Ord. 84-2h "A�rpropriuting 5210,000 from the tI1�'(itoeljjnutud Mind Balance to ilstablihh a Contin- �gleney 1"er the South Peninsula Iluupitul Service Area Capltul Projucts" (Mayor) h Inucted (1) Ord.84.27 "Approving the 'total Amount of the :±cTiti iGdgot and Aprupriat lnlf 48,hhll,hh3 lur School Purposus for fiscal Your 1984•115" (Mayor) h Laartorl 1. INTRODUCTION ul• ORD1NANCL:) (a) Ord. 84-110 "Amending Chaptur 17.04 of the Borough ate o Ed a Now Section Pruhibltinh the Dlnpoual of Borough Awned Lunde Along Anudrumuuo fish Streams Unless the Disposal is in llxehango fur Other Proportion Along Anudramuuu Pish Streams" (Nnoh) Nor to P.C. f, Ken Riv Cmto. 9 Hut Ik•ar (b) Ord. 84-ZN "Revising 'title 4 of the KPR Code of r ntnrco's Governing Borough 1'lectlnnn" (Mayur) is Set Hear (c) Ord. 64.20 "Amending the Kauai Municipal District 01 ,u o • Townhouse Dovolo mont Standards 21. 76.155 P.1." (Mayor, Roil. P.C., In Hut heir (d) Ord. 84.30 '''Rozone of Lute 7 f, 8, Block 13, 0 ore 4dition City of Seward, from ono•Pamlly Residential to 1,Sfultud Commercial 1110trict"(11yr) 10 :rut ib• If, (a) Ord. 84.31 "Authorizing Roy P. Weston, Inc. to rAM4 WTth Phase If of the Central Poninsula Build Waste Incineration Project and Appropriating; loquoO to cover the cost of the I1ovu1"pment "I Phase 11" (Mayor, Arnuou) In h/diahn (f) Ord. 84.32 "Amending the Seward Land Use Map for TWO Z00 3, .Jesse Lee heights Subdivision No. 2 City of Seward" (Mayor) 10 nut Hour K. CONSIDERATION OP RESOLUTIONS (on) Res. 84.55 "Authorizing Chu Disposal of Borough Ii eu`rTJfticb Aru Outdated and Scheduled for Dlw- pusal Under the Borough's Records Management System" (Mayor) 10 Adopted an Amnd (a) �R ss. 84.57 "Requesting the State Legislature to Mp't—TIMe Community and Regional Affairs Com- mittee Substitute IIB 172 As Amended That Would Clarity and Update Title 29" (Glick) 11 Adopted I (b) Ron'. 8.1 71 "Ducl,tring tile Round Portable Clasu ruoiii llitiE at :,torlIng -School Surplus to the Needs ul the School District and the K"nat 1'onin'usl,s Doroul;h" (Mayor) 11 AJopled (i) Ret). 84 7.' "In Support of, and Urging the Adoptl"n ii,iini4Tttue subistltuto lot• Senuto 11111 417"(Ki(t:) 11 Ade-lited (J) Ito:{. 84-73 "Requesting That No Prospoetitill Permits )ieTauuTFor ofl•shore Areas !n Cook fillet Ilntil Additional I'rutective Regulations to Protect Fisheries Are implemented and Requesting, No Prospect I till Be Allowed Within One Mile of Cor- tain Areas" (Dismnick, little, Joan, Keono, Walll) II Aduptod its Amnil (e) lies. 84-77 "Itoquostiny the State of Alaska to ea l;n n'"I Construct is Now Small Ront Ihsrhor ,tt Ninilchik, Alaska" (Dimmick) From I'ub Afrn Com, It Adopted as Arvind (l) Rest._84-74 "Authorizinl; a Contract for the Cott- sCruCtTin of honal 1'oninauist Rnronitls School 1) - trict Media Contor/Warehouse Addition Project to Dorleth Huilders, Inc. tit the Amount of $863,347" 13 Adopted (I;) Ro.a. 84-75 "Authurizinll a Controet for the Con- sLruCt on of 1'uui Bunks Elementary School to Alaska Western Construction, Inc, In the Amount of $848,850 Pending the Sule and Dolivory of 1983 School lionds" (Mayor) 13 Aduptod (!t) Ites. 84.7(1 "Authorizing, is Contract for the Con- structiuri-of trold,)tn,s Jr. IIIl;Ii School to McCann " Construction Co., Inc., of Alaska, tit the Amount of $4,588,223 Pending tiro Sale and Delivery of 1983 School Dondn" (Mayor) 13 Adopted (d) Iles. 84-77 "Sottinl; the Dato for tho Award of — I'4ua1l7LstT0D licarinps and the Dates Whon 7axos Arc Puyisblo and DoNtiquent" (1•layor) 13 Adopted at, Anind (i) Rc;i, 84.78 "Approvint is Contract with CTA Arehf- iQWis Wit—M)etated WIN Zimmer Gunsol Frasca Part- norshlp lot the Preparation of u Muster Plan, l'rugrumming and block Drawingis Including Cost lintimate for a Certificate of Need and a Sand Issuo for a Cost Not to Exceed $32,500 and Appro- ving Transferring $10O,000 from Affiliated Ancil- lary Services Account No. 600-811010-43981 to the Chemical Dependency Unit Capital Project Account No. 490-811010-49999.8400 and Approving ti►e Lutheran Ilospltal and Hamel; Socloty's Services for is Chemical Dependency Unit and it Mastor flan for it Cost Not to Exceed $17,000" (Mayor/CPIISA) 14 Adopted (a) Roo. 84-79 "Approving Additional ttogulat)onn and 1t'ruco ures for the operation of the South Ponin- sula Rond Maintonance service Area" (Dimmick) 14 Adopted L. PLNDING LhG13LATION (a) Ord. 84.1 "Amending 00 16,24.080 Pertulning to Poworr, and Duties of the South Kenai I>oninsulis Ilosl,itri) Service Area Board" (MeGuhan/bale/Stephens olmn,ich/Joan/Douglas/Wa111/611ck)(Ito IF Crete; 1.3) (is) Ord. 83-92 "Repealing Chapter 21.12 of tine Kenai Peninsula Boruustfi Code Pertaining to Prohibition:; of Noxious, In)'ur)uuss or llazardouts Uses of Pro- perty" (Dliiimlck) (Itof Plan Cmon 12-ti) If)Rr•1AL lRIASI:NTATION:i WITH PRIOR N0710E J N. MAYOR'S levolo, �I (a) Soldotuu High School Boam Roport )d (b) Summary Report on Construction Projects 1.1 (c) Progress Report; Employoe Nogotiations Id 0. OTHER BUSINESS (a) Ros. 84.30 "Adopting Procodurus (7uvorn1ng Assombly I'ruvrl andOthor Procodures its Coutalned in the Assombly Manu.,l for 1984 as Rovised oa Uocombor 20, 1983" (Dlnunick, Loi(is. Corte.) Adpt w/i(ocon 1' I:uat'd. (b) Limiting Time of Public and Assombly Speaking (c) Appointment of Sales Tux Comn►lttoe Rli: Res 84-29 15 Apptd, 11. ASSEMBLY AND MAYOR'S COMMENTS i, Q. PUBLIC COMMENTS £► PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA R. INi+ORMATIONAL MATERIALS AND REPORTS (a) Mena, RE: Federal flood Insurance Program (b) Lotter RE: Susitna Hydroelectric Projoct Hourings (c) Bradford vs. Borough Suit S. NOTICE Oil NEXT MEETING & ADJOURNMENT (May 8, 1984) 17 I J 1 I :• I :r KENAI P1;NINSIILA BOROUGH R1.GIILAN ASSI:MBLY Ml WI-ING MINVIVS n AIRIL 17, 1984; 7:30 V.M. BOROUGh ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDI.R The meeting was called to order at approximately 7:40 P.bl. by President Arness. ii. PLEDGE 01: ALLFGIANCE C. I`VOCATION: Rev. Roy Muoro, bit. Redoubt Baptist The invocation was given by Rev. Moore. 1). ROLL CALL 111USI:NT: Assemblymembors Glick, Walli, Corr, Crawford, Carey, Keene, Sewall, McGahan, Nash, Arness, Dale, Douglas, Stephens, Skogstad, Dimmick; Mayor Thompson, Adm. Ass't. Best, Finance Director Barton, Public Works Director liakert, Ass't. Assessor Atkins, Engineer Bambard; Attorney Boodeker, Clerk Brymer. ABSINT 4 CXCUSLD: Assemblymembor .Jean 1i. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER F. APPROVAL OF blINUTLS 01: April 3, 1984 The minutes were declared approved with minor corrections to page 3, 8 and 4. G. C01blITTLL REPORTS (a) Finance (Crawford, Carey, Corr, Dimmicl,, Glick) Mr. Crawford reported the committee recommended "do pass" on Ords. 44-24, 26, 27 and Kos. 84-71. (b) Public Affairs (Sewall, McGahan, Stephens,Douglas, Dale) ?.fr. Sewall reported the committee recommends approval of Res. 84-7 with amendments which will presented later. (c) Education (Keene, Walli, Skogstad, Nash) Ar. Keene reported the committee recommended approval of Ord. 84.27 by 4 4 to 1 vote; I member having an amendment to make; also Ord. 84-24 was recommended for approval by a 4 to 1 vote. In addition recommendation was made for approval of Res. 84-74, 71, 75, 76. (d) Legislative (Dimmick, Arness, .lean, Nash, Crawford, Sewall, Keene, Glick) Mrs. Dimmick reported the committee mailed letters to legislative representatives regarding SB 07 as well as the utility relocation bill which now appears to be dead. The municipal assistance and revenue sharinb bill was passed out of the Senate Finance Committee and included the $20.4 million. !louse Bill 172, Title 29 passed out of Finance yesterday and has gone to the Rules Committee. If Res. 84-57 Is approved, it could be sent along to legislative committee members with a letter. SB 375 which would make the State comply with municipalities land use regulations will be heard tomorrow by Senate Finance. (a) Kenai River Committee: Dale, Corr, Dimmick, Glick, Joan, McGahan, Stephens - 1 - r,• 1 VFNAT VI:NTN4III A IM01111MI ACCI:►ID1 v on!`n. An LWL" I .... ... ....... ...... .. -..__ ...... .. .... ......... .wr. ..r ww r...• .'.... ...w •.. 1.11.14 lIJ I.•n •1 Mr. Dale reported the committee met and reviewed Ord. 84.19 but did not come up with a recommendation. It I% requested that Res. 84-72 be 1laced on the consent agenda for approval. There is one correction t" o made in the title by the deletion of "Pass out of the Sen+lte Resources Committee". Mr. Douglas requested special committees be added to Committee Reports. If. AGENDA APPROVAL AND CONSENT AGENDA President Arness reported Administration has requested Ord. 84-11 be removed from the agenda as this item can be taken care of by resolution. Mrs. Dimmick reported her Res. 84-79 was placed under the Consent Agenda and she wished it to remain there, however, it was placed on the agenda in error as only administration gonerated legislation can be placed on the original agenda. MRS. DI14MICK MOVED TO INCLUDE RES. 84-79 WITH THE CONSENT AGENDA. MR. DOUGLAS OBJECTED STATING THE RESOLUTION WAS NOT PRESENTED UNTIL TONIGHT. MRS. DINAIICK REQUESTED ORDINANCES FOR INTRODUCTION INCLUDING ORD. 84-28, 29, 30, 32 AND RES. 84-72 AND RES. 84-57 81; ADDED TO Till: CONSENT AGENDA. MR. DOUGLAS OBJECTED TO INCLUSION Of. RES 74 72. MRS. MC GA14AN OBJECTED TO ORD. 84-28 AND RES. 84-57 BEING ON THE CONSENT AGENDA. MR. DOUGLAS RL'IlUESTED RLMOVAL OF RES. 84-SS AND RES. 84-77 FROM THE CONSENT AGENDA. MR. NASH REQUESTED RES. 84-80 BE INCLUDED IN THE CONSENT AGENDA. Mr. Arness stated he had requested at the last meeting the Mayor's Budget message be added to the agenda after Item If and it has boon omitted. He requested inclusion. Mrs. Dimmick called attention to Ord. 84-15 Subst. Amended on the desk tonight which should be added to the agenda with Item I (a). President Arness asked if anyone from the public wished to speak on those ordinances being placed under the Consent Agenda. Ile read the ordinances by title. Ord. 84-29, 30 and 32. There was no public comment and the ordinances were set for hearing May 15. (b) Res. 84-68 "To Change the Job Title and Description of a Exi tin& Secretary Position Within the Kenai Peninsula Borough's Central Peninsula Emergency Medical Service" (Mayor) (c) Res. 84-69 "Authorizing a Contract with McLane and sosii%ates for the Design of Pool Avenue" (Mayor) (f) Financial Report for March, 1984 (g) Vacate Section Line Easement, Scenic view Subd., Tract A2 (Approved by P.C. 3-26-84) (h) Res. 84-80 "Acknowledging and Accepting is Grant in the Amount of $175,000 from the State of Alaska, Dept. of Natural Resources to Assist in Costs in the Survey, Development and Disposal of Lands Within the Moose Point Subdivision. MRS. DI1,1MICK MOVED ADOPTION OF THE CONSENT AGENDA AS CORRECTED. THERE WAS NO OBJECTION. THE MOTION TO ADD RES. 84-79 WAS DECLARED MOOT. - 2 - 1 a a �, KLNAI PENINSULA ROR110611 ASSLMHLY RI;GIII.Alt ML11ANG 01 APRIL 1.7, 198.1 MAYOR'S STAT13 01: Till: BOROUGH Ml:SSAGE (in summary) The major points of the message include information regarding, the increased borough work load. The borough is building more school additions and has $105,000,000 worth of construction underway. It is operating road maintenance service areas and maintaining over 450 miles of roads, and is building roads to state paving standards with approximately $7 million worth of work underway. The computer system has been updated and all private and borough lands are in the new system in addition to the attorney's Westlaw computer system being in operation. The borough is improving the sales tax collections procedures. The Maintenance Dept. workload has increased tremendously the Finance Dept. handles about $5 million each week, the borough is disposing of 12,000 acres of land to the public, over 25 times the total disposed of in the past. The Moose Point lottery is the largest subdivision ever disposed of in the State. The Homer garbage baler is in operation and plans are underway for co -incineration in the central area. Tax accounts have increased by 1/3 and the population has increased by 1/3 since the last census. The total budget has increased by $1,447,755, which is a 4.S1 Increase. Total borough valuation is approximately $3 billion which returns it revenue at 2.5 mills of $7,336,404 and sales tax returns are $5,200,000. In conclusion the Mayor recommended retaining the 2.5 mill rate this year, adding four employees to the Maintenance Dept. and a Liaison Officer to coordinate government activities with the cities, the addition of 1/2 time person in Personnel, two persons in Finance, a generator mechanic transfer from Maintenance to Civil Defense, a 1 I/2 person to Data Processing, 1 person to Assessing and a 1/2 position to Public Works. lie roco,umended expansion of the borough building to accommodate the Increased work load of both the school district and administration. 1. UI:DINANCI: HEARINGS (a) Ord. 84-15 "Adopting a New Chapter 10.04 to the enKa T—Peninsula Borough Code to Establish a Waste Disposal Commission and Providing Standards for Operation of Borough Waste Disposal Facilities" (Jean, Stephens, Carey) The ordinance was read by title only as copies were available for the public. :Ir. George Ford, Manager, Union Chemical Company, spoke against the ordinance stating it would create another level of government and the creation of waste and hazardous material's standards are more stringent than already provided by the Environmental Protection Agency. Public hearing was closed. MR. STEPHENS MOVED ENACTMENT OF ORD. 84-15 SUBST. AMENDED AND THEN MOVED TO POSTPONE THE ORDINANCE UNTIL MAY 15, RESCHEDULING PUBLIC HEARING AT THAT TIME. In support of his motion to postpone, Mr. Stephens reported he was unable to attend an earlier meeting with industry representatives regarding the ordinance and it was not the intent of the sponsors to hinder industry on the Peninsula. He believed more time was needed to discuss the ordinance with industry. Mr. Douglas and Mrs. McGahan objected to postponement stating the ordinance is so objectionable, it should be rewritten or voted down. There have been many meetings regarding the subject and people must continue to return to various meetings to voice objections. Mr. Corr conanented that sometimes it is wise to postpone subjects to allow additional time for input from the public and committee members. The documents then presented are in better form. - 3 - ni;NAi PhivinbULA ISUMMU11 AbhIMILY 10:611LAR MELTING UI AI'Itll._17j_ 19 4 I During the discussion It was mentioned that the 11orough I'lanninit Commission could provide the services desired by the ordinance with.,ut establishing another commission. It could rrocurt• the sites for solid waste disposal facilities and the standards I,.r operation of the facilities. Mr. Nash expressed concern with the ordinance hoing another layer Lit government and added there is no authority under borough ordinance for the Borough Planning Commission to assume this responsibility. lie suggestod the Committee consider changes to the borough planning ordinance to spocifically allow the Planning Commission this authority, or to delegate the authority to a sub -committee. It is not necessary to have another special commission to operate Independent]). Mrs. Dimmick urged postponement reporting the Planning Comm k o on's workload has increased considerably due to the population growth the borough has experienced. In addition the solid waste problems hove also increased. Site did not consider this another layer of government, us the concept is no different from having u Resource Development Commission. POSTPONEMENT QUESTION WAS CALLED AND APPROVED BY A VOTE 01: 10 YLS: S NO: GLICK, CRAWFORD, MC GAIIAN, ARNESS, DOUGLAS VOTING NO. (b) Ord. 84-16 "Amending the Borough Code of Ordinances y`y-AMTng a Now Chapter 17.60, Forest and Timber Resources" (Timber Cmte) The ordinance was read by title only as copies were available for the public. Public hearing was declared open and as no one wished to he heard was closed. MR. NASH MOVED ENACTMENT OF ORD. 84-16 SUBST. Mr. Nash reported the ordinance is the result of three public hearings hold throughout the borough by the committee in addition to three Planning Commission hearings on this particular ordinance. Suggestions Lind recommendations were incorporated, at times by compromise, and he urged enactment. In reply to questions from Mrs. McGahan regarding permits for firewood, Mr. Nash reported the ordinance would idontify an annual plan for the forest resource within the borough and every year it will bo updated and identify use areas consistent with the management of this particular resource. Firewood areas would be identified each your In conjunction with the plan. As a means of identifying the useuge there will be a permitting process for cutting firewood. The permit is �I basically without cost. �j QUESTION WAS CALLED AND THE ORDINANCE ENACTED BY A VOTE OF 14 YES: l NO; MRS. MCGAIIAN VOTING NEGATIVELY. (c) Ord. 84-21 "Changing the Name of the Central enP—in`suiu Emergency Medical Service and Ambu- lance Services Area to the Central Peninsula Emergency Medical Service Area" (Mayor, Req. CPEMSASA Board) The ordinance was read by title only as copies were available for the public. Public hearing was declared open and was closed as no one i! wished to be heard. 1' I 1 MR. CORR MOVED ENACTMENT AND THE ORDINANCE WAS UNANIMOUSLY ENACTED WITHOUT DISCUSSION. (d) Ord. 84-22 "Amending the Kenai Municipal District Zoning o e to Incorporate "Planned Unit Residen- tial Development Ordinance" Within the City of Kenai" (Mayor) - 4 d i t t � ' d r' KENAI PENINSULA ROROI)GII ASSLMBLY RlaiIll.All MEETING 01; AIIIIII, 17� 1!184 The ordinance was read by title only as copios were available for the public. Public hearing; was declared open and wan closed us no one wished to be heard. MRS. CLICK MOVED ENACTMEN1 AND Till-, ORDINANCL WAS UNANIM011S1,Y I!NAC FI) WIT11OUT DISCUSSION. (e) Ord. 84-23 "Rezone of Lots 1-10, Block 2, Donny- Wroocl—SuTiiivision from Rural Residential to Suburban Residential District, City of Konai" The ordinance was read by title only as copier were available for the public. Public hearing, was declared open and was closed its no one wished to speak. MRS. GLICK MOVED IiNACTMLNT OF ORE. 94-23 AND Till; MOTION PASSED UNANIMOUSLY WITHOUT DISCUSSION. (f) Ord. 84-24 "Amending K11R 1.20.020 to Modify rocT cc iur`os for the Approval and purchase of Furniture and Equipment for Now Schools or Capital Improvements" (liducutlon Cmte.) The ordinance was read by title only as copies were available for the public. public hearing was declared open and was closed as no one wished to spook. MR. KI;I;Nli MOVED ENACfMhNT OF ORD. 84-24. Mr. Corr objected to the ordinance believing the procedure presently being followed to be working satisfactorily. Mr. Nash pointed out that Sec. 1.20.020 relates to capital improvement items and Sec. 1.20.025 refers to purchases for now equipment or furniture budgeted by the assembly. The individual items ore left to the discretion of the school board. The assembly will still approve the budget for these particular items. The ordinance has received considerable study byy the school district, administration, and the legal dept. It oliminates six to eight weeks delay between the time for request of the Items and actual award of the bid. Mrs. Dimmick favored the ordinance, stating the borough school board follows the procedures and instructions required by their manuals and the assembly is not sidestepping its responsibilities. The ordinance merely eliminates the presentation for approval of the same list several times. Mrs. McGahan stated she would still like to see the lists even though It may seem an exercise in frustration. Mr. Keene reported the ordinance eliminates seeing the list a second time which will save the borough money. Aids go out on various items and by the time they got back the price quoted may be contingent on a 30 day period for purchase. If the assembly delays the list by requesting to see it a second time, the period may lapse and any discounts lost. This ordinance provides a more efficient system. In response to questions Mr. Keene reported the second list the assembly will see is after Items have gone out for bid and have been approved for purchase and whether or not there is objection to items which have gone through the procedure with low bids accepted, it will be too lato to object. Mr. Carey objected to the ordinance stating the assembly should have more scrutiny of public funds. This is a safeguard and keeps the people looking for lower prices. 14r. Dale expressed support for the ordinance and stated he was reedy to vote. - 5 - A M h1:1VA1 t'Llfil1;1N1,A inl;uiIAM is;,:,i.1a;s;,'1 i11,40i;;,isii I'll .i_i1oil, :r; n;'itii. 1 1 :•1 MRS, GLICK MOVI111 1.011 Till, 1'111:V1011!, O1111:i I0N AND •1111: 140•1•ItIN PAS51,D IIY A V(yll: 01s 12 Y1:1;: 3 No, Coldl, KIIHNI. AND 3EV1ALL V01I11G Nil, RATION WA3 CALLED ON I:NAC'1't4IIN'1 AND THE M01 ION PAIia1:1) IIV A VOTI. (11 11 1fs 4 No: COUP, CARRY, MC GAIIAN AND 3TEIIIIIWl V(YI IN(; No. 41111;, MC CAIIAN GAVE NoTICI: of, WICONr;1111101ION 1.014 '111L NIXF MHA INC, (y,) ord, A4 2,'1 "1(or,ono of Govornmont Lilt, 136, City 07rdtioi►rii; 'Irum Coneral Connnurclal to Urban (test- dontial Dlntriet and A(nundinµ the Konal Lund tlno Map" (Mayor) 'file ordinanco wall road by title ()Illy ass copier wet•o available (or the public. Public houriny, wan declared ())sail and Willi cloned lilt no one winbod to rspoills, Mlth, GLI<:K MOVED IINMT1411 '1 OP (1141), 84-Ps AND T111, 11(yl'tON IsA5',I.D BY A V0'lfi OF 14 YLS; 1 No: MKS. MG GAIIAN VUHNI; (h) Ord. 84.26 "A(,proprlutinp, $210,040 from the —I'diiafed Unil balance to I:ntahllnh it Contin" itoncy for the booth Poilinnulu lloupltol Iksrvlco Area Capital 1'rojuctn" (14nyor) The erdinunce w,sn read by title ()lily an cup)en were ,tvislialds, 14JI ths• public, Publl% hearing will$ declared open and Wass cloned an no "me winbod to spook. . MN11, DIMMICK MOVED t1NACTM11NT lip 0111). 84.26. ?Ira. MCGuhan stated nhe would veto against tile ordinance an else geto the imrossion that the arlsesdtly han no bussinenn dealing With the South Kninsul„ Hoopital Servico Arods affairs. Nrn. Dimmiek stated the or41nanco Is routine; however, nhe would lll,e to have quell dome inforslatloll from the hoard rugarding the request, Mr. 11t� thons recalled sovoral months ago ti►e Louth Ilospltal group reported tite norvice area was not Lice ausembly'n ul'fuir, and he would therefore aloo vote agalnst the ()rdillancu, M11, COIIR MOVED TO AMIIND To ADD A VJ1'Tll W111,81;AS TO READ, "WIICItI!Ah 'fill: ASSIIMBLY D11L'bS 11, Iti Till; AI:1l'1' 114TURL'13T 10 1'ROVIPI; III:' ILIt C0MM0NICA'110H5 DL1TWil11N 'fill; 90DTH 1'1SN1NG11LA IIOWITTA1, WAWICl1 Ald!A AND THE KENAt 1'10114611LA DORODGII A91411MOLY ; AND" Mrs. Glick believed there are etbor ways to bettor communications with the boards. Tile assombly should create an atmoophore of friondlineson and one of eooporat)on, Mr. Sewall opposed the amendment stating this In not the appropriate place for such a %statoment to be made. Mr. Nash commented If the ansombly wlnhen to acquire butter communications than the ordinance should he delayed until the first of May and invite the hospital adminlstrator and the board tc, attend. prsaident Arnons reported the hospital administrator han Indicated the group would be uvallable to awot with the unsu(ubly on May 15, MR. HASH MOVIID TO 11013TYON1; 'fill; ultoltiAliC1: DtlTll, MAY 15, Mrs. Dimmiek stated It In unnecossary to delay the ordinance. The hospital building project Is near cortplotlots and the funds are neodod, Mr. Douglas favored posstpunemont stating It In a large sum „f money anal there In no oxpl.sntstion rogurdiny, fund one. Ile reslnerst"d Inferviatlon from udlalilintration rogurdiny, thu delay, . b . r I. s r 1111 " Ai01A1 f1,141MIIII,A II!III11111,11 Ab'0614111,Y I4I;1,01,Aµ t•111.I INN 11, API( IL_ I'/, 10114 fir, IlaIfoil, dfdtl.lt i111, dlstslllnI In It,1 tics chnnOts Isrda►Is 1141e114,11 fit c olllfl l it it Illt, Is I ss)nl 1 au'l iflll Ill'I ay wollid I IadIa d his l-Ilnhip lot tlist v"ut rdu t " r h, Altn111ay Nandajat ►ulmillud !hot0ionln or'dat'n fiava basil) uxul"Ofns) aflll Ifle work la 1►s Is ful,12vi,s, 'ilia fistrt,agit I ttalllIoff fit tlls+ IIInItn an to what hap 1►oon aut.hor►c..d do nMpnndtfurua. if In not just. no phanllo urdurn but thurn may hint "!hill peuplt, within thn boon project. who maypuffer' an the moult oil tho delay, 711enu are legal )fit if{atlonn of this butuuy,h, fir, Ihlbarf rept,rtt,ll „n fob, to, tmsil lilt nont it nasal„ to Mayor 7,1lnnllnun and a copy to the h„npital adtsllnlotratfun notifying them that t1urlr continitenc.y was 10,11,11% At that time change orderm 1 thru 4 had hewn nl(PPitrt,d, sint'a than t'h,ingn order I, for 114,1137 ban boutt) onctaidjorud, Mr. I►ele requontad the motion to pompano he defeated and the annembiy Irneved to t.rannfor 11►e money to $fill proper I►erount, one of the ,lanenlblylo rapponalbIII I1"n In tit ratatn flit, Innnnyn In fha propur account and to fraofor in an orderly masher, Mr , Alophono oJau betsaved the utsnambly should proceed with tho CruP% of funds and not hold the project up, MR. NABH WITHDREW HIA WINT110HEM1,111T MOTION, THERE WAIF No 011JECTION, 1414, iRII)GLAIi MOVED TO AMLNU TO CHANGE 'I'll); ANPRupR1A110N PROM 6210,tU o to 115,000, Mr, Corr upponod Chu amendment stating the 1210,ouu is not to )roof deal of money the (undo Want been opntiilind to cover Cho chun}�o urdorn to cumpiutn a lunotructlun project and to withhold the fundp may c►oato prubinmo, Mr. Carey her laved two wrongs du not make is right, and the uawmnbly lshuuld not withhold funds that rightfully belong to the service area, Mr, t)ouglua exproaaod the desire to bee nomothing from the hoapitui Avlcu area heard Indlcvating they winhod to huvo these funda tranpforrod, MaJour I'll 0111pa'no $states) the heapital service area minuton do not show any rotiuosto from the hoard for those funds, The roquost cum® from the adollolotrator, Mr, Mime Ilorring, Mrs, 011llmlck called attenCtnn to the memo In the packet from Mr, Herring whigh otnton Cho board wlabno to have Cho trunafer (made, Vl UNiTfUll WAN CAURI► AND Tlllf IMN)GLAO AMbNOMRNT FAILLI► NY A V01'k 04 3 $lift TO 12 NO; HAfill, It')IJGLAfi Atli) i111,111111HA VIYfING YRfi, I f11;fSTlotl WAN CALLIA) soil Till, 0RA AMENDMENT WHICH IA1LH11 OY A V071; OF 3 YIDS 12 NU; VOTING YUH WORE MINH, CARRY, 13114=115, MRIS, DIMMIU'A ASKED Doll UNANINOUR CURRENT AND THE 0i101NANCE WAN UNAt301) ONAN 141lAlDLY, Mra, Glick stated the sulnutes received do nut Indicato tho roquost from the hospital hoard and fiho winhod to aoe such verification, NOR, WAI,LI MoYED THAT A UTThtt US' Ishs1+11hIYf 1111, AUNT 'fir 1111; 11oA141) FOR 7'llf, 111110f1;1i n6 711E ML13111i4 WHisHh THE HOARD AllpRtiVtii) 'flit; IIIJIN1111 A149) WHEN W111lRh AND 'WHAT T1111; 3Isl1TINGA ARE f411AHILRH It; ADDITION To TIIH REQIH;Isf IIRUN MUD, ALICE JUJI 1141t►lffi;f; VLAIPYliiG Till! Rhlll)t;f,T pots TRANiFER Of, THE UJ0,000 IN 0111), 04.20, Mrs, 1,10mhon ruganatad tho latter Include Snformutlun regarding the requirement for notice of public: moetings which nhuuld he given , IF ,p , /I although thin procedure I t alit vt Inrfh 111 fill, i )lilt fur t 1) 1 !it. I V I t- o rout Mr. A rno t) ii roglisit , t o4l t lio ist t 41 I'llity I o 111 111 till- I I- t I i. I, fr,f III•t ts 1 llnu t it ru , lif r . Crawford o b) o c t u d to tho nit) t I on sold d I fit: it b li I oll 'it ut Illy, tll I 's I t 0111 Is nut (it) the agenda, 110 hill lUVVd the I'V(1110111 01101.11d he takoll "It at rho proper t I lilt, . which would bu sindor itistiumbly cominuutts. Pronitlont Arnonii ruittil tho motion lit order. MRS. MOVIII) 10 11111101,1) I'll11 CHAIR ANIj 'rill; Mo'llotj PAWSH) lit A VOIL Oil 14 Yllf; TO I NO; Nit. CRAWPORI) VOTING NO, 'I'llItAl! WAN NO 011 IXTION TO IINANIMOIlt; (:()N.I;I;Nl l(W Cruwl'ordlt, objection to thu motion noted). Mr. flown I I fitutnd tho Voting liylit"m fSoe"15 to by sillrell'shle rsnd requotitod the ofintimbly evatits to lose it. I ) Ord 04 - 27 "Approving tho Total Amount of tile Iftio'61-flUdgut and Apf ropr Jut Jnx $8,600,063 for It School tirpotion; fur (local Your 1984.8511 (Misy0r) Tile ordinance wall r(j4sd by title onl as coplets were ilivjilishlu flit- the Public. Publi6 ljouring wall declared upon and wao violitsil if, no ono wished to filloah. Will. PIMMWK MOVIA) LNACTIUNT Oil ORD. H4-77. MRA, Mt; GAIIAN MOVED TO AMIINj) 11111 OUDINAN(3! AS JOLLOW.S., "A reduction of SJ 072,450 In the school budget would amend floc. I of Ord, 84.27 by reducing the $47,836,570 to $46,764,219, floc, 2 would Ito aujoutlad to road $7,5811,274 in Ilea of She ropurtod the borough budget roquisot for fly 84-85 requirtits is tux levy of 2.5 mills which generates $7,250,000, Reducing the joclij effort to the 13chool Of 11 trict by $1,072,359 would misho is tux credit of Approximately 151 postsibift. Mrs. McGisibitin otatod that although the borough doors not havo fine item control In the school budget, and the board will take Clio reduction requoistod where it chooses, tho cut Is possible without ulfectillf" the classroom propaxi. The majority of thin cut could clilmo from mals.11HU11111fit ut Vitt) second 8041 third levels, only a small amount would uffect the classroom and that would be Its tho uroit tof corismic,15, Mr. Corr and others istuted that the public hao nut voiced oppooltion to tho school dlistrict budget. There bass boon population growth, school additions uro continually being mudis and the district hiss is good oducational program, Mr. Carey roportud the borough has received hanarts for Its vilucatfundl program. ffoldotnis high fichoul and Junior High were Identified as; two of the 150 top schools in the nation. In tilt- lust two mirinthn, the Katial Junlor IfIgh has; been Identified Jilt is progralu to be looked ut as as model school, Humor high lit a school which will be part of a network for future curriculum trends. If you look at the quality of the product, the borough has many ronsisona to be proud of Itoachoulis, There to some ditingrooniont that we are building too large and too many expensjivo buildings, however, the voting public bus upprovod the bond iffs'suil, 110 could not onvifilon schools gutting limisilor when tfwro I$$ Wroady an ovorall It-crussoo of 1/3 in population. There b,ra to ho rsonno Incrouiso In tho local fibaro, rd hl!NAI I'LNIIJSULA ROHODG11 A.SSLMHLY REGULAR MLETING OF AI'1t11, tM/ lI►RA tlh•. N.stsh bellovod It c••untor productive to try and cut this budget. A budget cut could allect the quality of education and still not address .uiyonu':i particular c"ncurns. lie opposed Mrs. McGuhun's amosidmunt us t11are Is no bulls fur it. Mrs. Dlnmlck, Mr. Dale and Mr. Stoilions spoke ugalnst the amendment and In favor of approval of the �hudget. All information received 1'avurs budget approval. Mr, Douglas thanked those who wrote and called film about the budget, all of which were In favor of ti►e school budget. (1UliST'ION WAS CAL1,111) ON Till! AM1iNDMIINT 11111CII FAILED BY A VOTE OF I YES: 14 NO: MC GAIIAN VOTING YES. MR. NASH MOVIII► TO 411:141► SI:CT•ION 1. TO STRIKE "school operations budget oi' $47.836,578" ANI) INSLRT INSTEAD "usiount of money to be available from local sources for school purposes" and after the your 1985 insert the urnount of S8,0600033, and strike the balance of the sentence. Thls would provide the amount of the leesl nharo that the school board has ro+{uontud. The :statute provides that if the oa:sombly does nothing then the total ,mount of the school budget becomos effective. The Statute gives tfie approval authority to the assembly, but the only thing lie can road Into It is the requirement that the assembly shall determine the total amount of money to be made available from local sources for school purposesi• The assembly should he only approving that amount. In response to a question from Mr:i. Gimmick, Atty. Boodeker reported the statute authorizos the Assembly to approve the total amount of the budget and after that approval of the local share portion. 1110 separate that could result In a situation where some years you might lot tlhe total budget go by default and cut the local share and thus have is difference between what is approved as a budget and what is uctuully appropriated. Generally when you limit local share, your Intent is to limit the total appropriation, and that would not be accomplished. 1-iris. Ulmmlck commented that the Nash amendment will not change anything, all fur as the umuunt appropriated. There is no reason to change the ordinanco. FOLLOWING FURTIIIAt DEBATE, yUESTION WAS CALLED AND TILL AMENI►MLNT FAILPI) BY A VOTE OF 4 YES: 11 NO: NASA, WALLI, CAREY AND DOUGLAS VOTING YES. oUESTION WAS CALLED ON THE MAIN MOTION AND Till: ORDINANCE PASSED BY A VOTIi OF 14 YES: 1 NO: MC GAIIAN VOTING NO. J. INTRODUCTION OF ORDINANCES !s+) Ord. 84-1'1 SUbst. "Amendingg Chapptor 17.04 of the Borough o a to a ew Section Prolhibiting tine Disposal of Borough Owned Lands Along Anadramous Fish Streams Unions the Disposal is in Exchange for Other Properties Alan Anadramous Fish Streams" (Narill) Itof to P.C. if fell Riv Cmto. Silt. NASH MOVI:I) TO SL•T ORDINANCE POR IIEARIN�; MAY 15, 1984. Nit. NASD MOVED TO AMEND SIX. 17,04.200 TO REFLECT Tflh LANGUAGL PROPOSED BY THE PLANNING COMMISSION. Fourth line following "or traded except (a) as part of negotiated exchange, in whole or in part, for similar properties with frontage along anadramous fish streams within the boundaries of the Kenai Peninsula Borough or b) to the municipalities in which the property is located for parks and rocroation services or other governmental agencies." MRS. DIMMICK MOVED THE PREVIOUS QUESTION, AND THE MOTION I'ASSLD UNAN 11,()115LY . .9- 0 J fiJ.yw..l W, KUNAI I'I:NINSIII,A Iu)k0110I ASS IMAL)i RIA;lILAk MI. I.'1ANG t11• APRII, 1i. 1-181 IJULSTION WAS CALL1.1) (IN '1111. NASII AMENDMl.N-1WIII(;II WAS INCLUIWI) IV1'III Till, MAIN MOTION TO SIA' FOk II1:AItING AND 'fill! DH)TION PASS1.D B5 A VOTI: of- ') YES: U NO: MI: GAIIAN, AHNlih'., CABIA, CORR. CkAWI•0101, AND GIMMICK V:rl'ING NO. (b) Ord. 84-28 "keVislull 'Title 4 "f the KI'll Code (if t7tTTn,inco:4 Governing Borough 1!loctlons" (Mayor) MRS. DIMMICK MOVED TO SET 0141). 84-28 1:014 IMARING MAY 15 AND 'fill: 1101ION PASSED UNANIMOUSLY. (e) Ord. 84.20 "Amending the clonal Municipal District TORIi ng .ore - Townhouso Development Standards 21. 76.155 II.1." (Mayor, lied. P.C.) (d) Ord. 84.30 "Itozono of Lots 7 11 8, Islock 11, ToTruT%i-ddltiun, city of Seward, from One -gamily Itnsldontial to l.lmltod Commercial District" (Mayor) The above ordloanee:s were set for hearing M.ty 15 under the Con:tout Agenda by is unanimous veto. (e) Ord.t�84.31 "Authorizing Ito yy F. lYoaton, Inc. to Trr�coV th Phrase I1 of tt►o Central Peninsula Solld Wmato Incinoration Project and Appropriating i00,000 to Cover the Co:)t of the Development of Phase 11" (Mayor, Arness) Ord Inanco withdrawn from .agoodu. (f) Ord. 84.32 "Amending the Seward Land Use Mup for No—ts-275-0 3, Jesse Lee Heights Subdivision No. 2 City of Seward" (Mayor) The above ordinance was sat for hearing May 15 under the Consent Agenda by ununimoua vote. K. CONSIDERATION UP ItESOLUTIONS (aa) Res. 84-55 "Authorizing the Disposal of Borough Ttocor s itch Are Outdated and Scheduled for Disposal Under the Borough's Records Management System" (Mayor) MRS. DIMMICK MOVED ADOPTION OF RES. 84-S5. MR. NASH MOVED TO AMEND Till) RESOLUTION 1N SEC, 1 AT Till: END OF UIL FIRST SENTRNCU FOLLOWING THE WORD FILES "upon review and approval of the Data Aequisitton Steering Committee". Ito reported this committee Is formed from won)her:i of the Assembly and Administration and he believed this committee should review the records prior to dispu:cal. Mr. Bost reported the Steering Committee on which Mr. Douglas: and Mrs. -lean are members has to do with data procossing and tho programs that run through the computer. This committee relates to prioritizing programs during a period of time. It works out the conflicts for computer useago. It has nothing to do with the Clork's Record System. Mr. Crawford expressed concern that the committee would have to review these records requiring additional time and work, when the items are those that are normally destroyed. Mr. Nash stated he hues concorttss with the doststsction of proporty tux and sales tax records. No reported getting different information front members of Borough Administration as to whother or not those tax records are needed specifically for pursuing court cases and sale of tax foreelosod proportion. Mr. Dorton has provided the manual with retention schedules and certification that these documents have no value. . in - /' 1 KENA1 i'I:NINSULA Bit[iO G" AQS1:MB1.Y REGULAR-ME11 ZINC 0I•-AI'R1L 117, 1984 Mr. Iwo hol loved Mr. Nash has brought forth a valid concorn and he supports the amendment, and he ADDED TO TO AMHNIN NT THAT MR. NAMI BE' ADDED TO 'fill: STEERING COMMITTEE AS A MEMBER. Mayor 1humpsun suggested since Mr. Nash is an attorney, acquainted with records, that perhaps he should be appointed as is committee of one to review the records. Mr. Dale commented that he would be happy to change his amendment to reflect the appointment of Mr. Nash as a committee of one and would ask unanimous consent. There was objection. Mr. Nash stated his Intent is protection of records that the borough may need in the future. Mr. Douglas believed this to be the business of the steering committee and appropriate for this committee to look at the records. In reply to a question from Mr. Douglas, Mr. Nash reported he would be pleased to serve on the committee. MR. DALE. MOVED TO CIIANGL HIS AMENDMENT AGAIN TO ADD MR. NASH AS A MEMBi,K OF TIIE STEERING COMMITTEE, AND ASKED UNANIMOUS CONSENT. TIIERL WAS NO OBJECTION AND SO ORDERED. QUESTION WAS CALLED ON THE NASH AMENDMENT WHICH PASSED UNANIMOUSLY AND THE RESOLUTION AS AMUNDLD WAS UNANIMOUSLY ADOPTED. (a) Res. 84-57 "Requesting the State Legislature to opt House Community and Regional Affairs Committee Substitute HB 172 As Amended That Would Clarify and Update Title 29'' (Glick) MRS. CLICK MOVED ADOPTION OF RES. 84-S7. The bill is now in the House Rules Committoo. The Municipal League has requested resolutions in support of this bill. Mrs. McGuhan spoke uggalnst supporting HB 172 as it will eliminate the third class borough form of government. An unincorporated area should have the option of forming a third class borough if it chooses to do SO. QUESTION WAS CALLED AND THE RESOLUTION ADOPTED BY A VOTE OF 13 YES: 1 NO; 1 ABSENT. MRS. MC GAHAN VOTING NO: MR CORR TEMPORARILY ABSENT. (b) Kos. 84.71 ''Declaring the Round Portable Classroom Unitat 3iorling School Surplus to the Needs of the School District and the Kenai Peninsula Borough" MRS. DIMMICK MOVED ADOPTION OF RES. 84-71 AND FOLLOWING AN EXPLANATION OF THE CONDITION OF THE PORTABLE CLASSROOM BY MR. HAKERT, THE RES. WAS UNAN114OUSLY ADOPTED. (c) Res. 84-72 "In Support of, and Urging the Adoption 377300tee Substitute for Senate Bill 417 Pass Out of the Senate Resources Committee" (KR Cmte) MR. DAIA, MOVED ADOPTION OF RES. 84-72 WITH THE CORRECTION TO TO TITLE BLING MADE TO DL'LL•TE "PASS OUT OF THE SENATE RESOURCES COMMITTEE" AS IT HAS ALREADY PASSED THAT COMMITTEE. THE RESOLUTION WAS UNANIMOUSLY ADOPTED. (d) Res. 84.73 "Requesting That No Prospecting Permits le Issued Offshore Areas in Cook Inlet Until Additional Protective Regulations to Protect Fisheries Are Implemented and Requesting No Prospecting Be Allowed Within One Mile of Certain Areas" (Dimmick, Dale, Jean, Keene, Walli) 11 - • J I i ! t A C KEN AI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AP*11. 17. Igs4 MRS. UIM14JCK MOb•LH ADOPTION 01' Itl,s. 84-73. Mr. Stephens opposed the resolution and believed there are adequate safeguards fur the fishery provided by the Fish and Game. Under their supervision it problems arose, this agency c-,uId stop the mining oporntion+. He stated the salmon do not spawn in the Inlet anyway. Mr. Dale repurted there are two major problems with the present State regulations and issuance of prospecting permits would seriously affect commercial fishing. One has to do with the buffer zones between anadramous streams and rivers and any areas of prospecting where resource extraction would occur. The buffer zone is S00 feet which is entirely inadequate. Right now commercial fishing is not allowed within one mile of the mouth of a river, and mineral extraction should also be limited to one mile of the mouth. Also, although they have deleted some tracts in sensitive areas, they have not deleted areas in Tuxedni Channel and Chinitna Bay. After attending the Planning Commission meeting and thinking -f the problem he believed it to he It. the best interests of the borough to postpone these leases for a certain period of time in order to address the two areas mentioned or until the borough adopts a coastal zone management plan. Mrs. Dimmick also attended a meeting regarding this subject and one of the concerns site has was shown in questioning Dept. of Natural Resources representatives. There is very little time between the time the program is being reactivated and the time that actual prospecting could be done. If a company had their plans arranged, prospecting could occur by August. She expressed concern that necessary protective restrictions have not been developed nor has enforcement of the regulations been adequately addressed. Mrs. Dimmick commented she is not totally against prospecting or new resource development, but there are already resources bringing in income and these should not he jeo- pardized. Mr. Douglas expressed concern with Section 1 which leaves an open ended situation. MR. DOUGLAS MOVED TO STRIKE SECTION 1 IN TOTAL. Mrs. McGahan stated Section 1 is very important for protection of the fishery. There must be adequate protection of the resources. MR. SEWALL MOVED TO RETURN THE WORDING TO SEC. 1 AND ADD AT THE END OF THE PARAGRAPH ADD: "whichever comes first." MR. DOUGLAS WITHDREW HIS AMENDMENT. UNANIMOUS CONSENT WAS ASKED AND GRANTED ON THE SEWALL AMENDMENT. MR. NASH MOVED TO A141:ND THL RESOLUTION AS RECOMb1ENDED BY THE MAYOR TO DELETE "for a period of one year from this date to allow" AND ADD THE WORD "until" so the phrase would read "requests the Department of Natural Resources to not issue prospecting permits for offshore areas In Cook Inlet until regulations to protect its marine life anJ...." The Mayor stated DNR might be able to provide adequate regulations within one month or it may take several years. QUESTION WAS CALLED AND THE AMENDMENT FAILED BY A VOTE OF 4 YES: 11 NO, NASH, ARNESS, CORR AND DOUGLAS VOTING YES. Mr. Dale urged resolution approval. There is a very viable fishery and he believed DNR could use the time to improve regulations to protect the resources. QUESTION WAS CALLED ON THL MAIN MOTION TO ADOPT. RES. 84-73 AS AML•NUED AND THE MOTION PASSED BY A VOTE 01: 13 YES: 1 ABSENT: 1 NO; MR. DOU(;I,AS VOTING NO: MRS. CLICK TEMPORARILY ABSENT. - 12 - -w 1 KENAI PENINSULA_110ROLIGH ASSL•MBLY REGIILAR NLETING OF APRiI. 17 19H4 (e) Res. 84-7 "Requesting a Grant from the State of WT-a-sl-a-Tir Planning, Design and Construction of a New Small Boat harbor at Ninilchik, Alaska" MR. DALE MOVED ADOPTION 01• RES. 84-7. President Arness called attention to a series of picturos in the back of the room. Ice called a five minute recess to allow time to look at the display. Mrs. Barbara Banta, Ninilchik, believed the purpose of government is to do for people that which they cannot do individually. As Chairman of the Ninilchik Chamber of Commerce, Small Boat Harbor Committee, she requested assistance in acquiring a new small boat harbor at Ninilchik. She presented a brief history of the harbor which was built in 1950 and enlarged to accommodate 32 boats. Since the early 50's the harbor has been overcrowded and the people have continually asked for help. FOLLOWING THE PRESENTATION, MR. DALE MOVED TO AMEND THE RESOLUTION BY DELETING FROM THE TITLE "A GRANT FROM" ANI) "FOR PLANNING" AND ADDING "TO" The title would read "Requesting the State of Alaska to Design, and Construct a Now Small Boat Harbor at Ninilchik, Alaska" DELETE THE LAST WHEREAS AND DELETE FROM SECTION I "for a grant to the Kenai Peninsula Borough" THE AMENDMENT AND THE RESOLUTION PASSED UNANIMOUSLY. (f) Res. 84-74 "Authorizing a Contract for the Con- ; struct on of Kenai Peninsula Borough School District Media Center/Warehouse Addition Project to Derleth Builders, Inc. in the Amount of $863,347" (Mayor) MRS. DIMMICK MOVED ADOPTION OF RES. 84-74 AND THE MOTION PASSED BY A VOTE OF 14 YES: 1 NO: MCGAHAN CASTING THE NEGATIVE VOTE. (g) Res. 84-75 "Authorizing a Contract for the Con- structT—onof Paul Banks L•lemontary School to Alaska Western Construction, Inc. in the Amount of $848,850 Pending the Sale and Delivery of 1983 School Bonds" (Mayor) MRS. MC GAHAN MOVED ADOPTION OF RES. 84-75 AND NOTED CORRECTION OF ALTERNATE 2 TO READ ALT. 3. THE 140TION PASSED UNANIMOUSLY. (h) Res. 84-76 "Authorizing a Contract for the Con- struct on of Soldotna Jr. High School to In the Amount of ; Pending t e a e an Delivery of 1983 School Bonds" (Mayor) MR. CORR MOVED ADOPTION OF RES. 84-76 INSERTING IN THE BLANKS "MC CANN CONSTRUCTION COMPANY, INC., OF ALASKA, IN THE AMOUNT OF $4,588,223. THE MOTION PASSED UNANIMOUSLY. (d) Res. 84-77 "Setting the Date for the Board of Equali- zation Ilea rings and the Dates When Taxes Are Payable and Delinquent" (Mayor) MR. NASH MOVED ADOPTION OF RES. 84-77 CHANGING THE HEARING DATE IN SECTION I TO MAY 1. THE MOTION PASSED BY A VOTE OF 13 YES: 2 NO: CORR AND CRAWFORD VOTING NEGATIVELY. Attorney Boedeker reported this change in hearing date creates a problem as May 1 is the regular assembly meeting date. Code Sec. 5.12.040 provides the Board of Equalization shall meet between the hours of 6 p.m. and midnight from day to day until hearings on appeals are completed. - 13 - U y / ni..ini ii.ii%N.iULA uiiiiviiigi ib,.;L. ilti•'1- iii,66i,Ak oii:i,i iiNu ;n 1.Y1:I1, 1 /L -17x4 'file Ciork commontod that site wal. uncertain why the .1-essment notices show May 1 as the heginninl; of the hoarinP,!,, a!: final proter.t:, can bo ri-reived through April 311 unit time i!i noodoci in th• A•iSesslnl; lirpt, t., gather the Information to prelient the eases. AI io, there mo-4t by adequate time for appellant notification. MRS. VIMMICK MOVIiD TO CHANGli TIM IIPGULAR ASSI WILY Mlii:'rlNG PA'I I: To MAY 8, 1984 AND MOTION PASSED UNANIM0l1SLY. (1) Ros. 84-78 "Approving a Contract with CTA Architect!; Associatedwith Zimmer Gunsoi frasca Partnership for the Preparatiun of a Mastor flan, Programming and Block hrowings Including Cost I'.stimate for it Corti- ficato of Need and is Bond Issue for it Cost Not to Excoed $32,S00 and Approving Transferring Sloil,(IlU from At'Hilatod Ancillary Services Account No. Gun• `) 811010-43981 to the Chemical Dependency Unit Capital Project Account No. 4W1,811010-49999.8400 and Approv- ing the Lutheran Hospital and Homes Society's Sorvices for a Chemical Uopondoncy Unit and it Mastor Plan !'or a Cost Not to !Exceed $17,001 V (Mayor, Req. CPIISA Rd.) MR. STEPHENS MOVED ADOPTION OP RES. 84-78 AND THE M0110N I'ASSIA) UNANIMOUSLY. (e) Ros. 84-79 "Approving Additional Regulations and Procedures for the Operation of the South Peninsula Road Maintenance Service Area" (DImnick) MRS. DIMMICK MOVP.D ADOPTION 01; RliS. 84-79 AND TIIE MOTION PASSED UNANIMOUSLY. L. PEIIDING LEGISLATION ,tea (a) Ord. 84-1 "Amending KPB 16.24.080 Pertaining to y Powers and Duties of the South Kenai Peninsula Hospital Service Area Board" (McGahan/halo/Stophons I)in;mick/.Joan/Douglas/Walla/Click)(Ref Cmto; 1-3) (b) Ord. 83-92 "Ropoaling Chapter 21.12 of the Kenai Peninsula Borough Code Pertaining to Prohibitions of Noxious, Injurious or Hazardous Uses of Pro- perty" (Dimmic ) (Rof Plan Cmsn 12.6) M. FORMAL PRESENTATIONS WITH PRIOR NOTICE (None) N. MAYOR' S REPORT (a) Soldotna Iiigh School Beam Report The Mayor reported there is no change in the Soldotna Iiigh beam. (b) Summary Report on Construction Projects 1 (c) Progress Report; Employee Negotiations i The Mayor called attention to Momo 84-71, Employee Negotiations and statod negotiations were concluded on April 9, tie provided a brief summary•of the report. 1 (d) The Mayor mentioned the Bradford/Borough suit which is in the i1 back of the packet. 0. OTHER BUSINESS 14 - J KI:NAI PENINSULA BOROUGH AfiSLMISI.Y REGULAR MLHTING 01; APRIL 17 1984 (a) Ices, 84-30 "Adopting Procedures Governing Assembly Travel and Other Procedures as Contained in the Assembly Manual for 1984 as Rovised on December 10, 1983" (Dimmick, Legislative Cmte.) Adpt w/Recon Mr. Arnass reported he had requested this item he reconsidered at this mooting and since it is past midnight, it is ton lato to act. lie asked the Clork to place it on the next agenda. (b) Limiting of Time of Public and Assembly Speaking (Dimmick) Mrs. Diamilck spoke regarding the long thy debates of the assembly and the three minute time limit for public presentations, stating that the three minutes is not always adhered to and assembly members also are guilty of very lengthy discussions. A timer clock is boing installed which will be visible to the public as well as assembly members. (c) Appointment of Sales Tax Committee Re Res. 84-29. tor. Arnass appointed himself, Mossrs. Nash, Cdroy, Skogstad and Mrs. 11a111 to meet with the city representatives. He will be in contact with the Administration and establish a time for a meeting. P. ASSLMBLY AND MAYOR'S COMMENTS (a) Mrs. Click reported talking with President Arnass briefly about travel, and she wished to report that on April 28 st a is scheduled to be a speaker in Port Yukon, and May 1 will be travelling to Hawaii for the NACo meeting as the AML representative. She reported for the last 1 1/2 months she has tried to find a replacement for Carol Maser on the WIR Board of Directors, as she no longer wishes to serve. She thought she had a person but Friday this person did not choose to ggo. This is the reason for the Hawaii trip, as she will represent A6iL on the WIR Board. She asked if there were objections, and if so she would travel at her own expense. A lengthy debato ensued regarding assembly travel outside the borough by the assembly members. President Arness requested assembly direction. In the Fy 1983-84 budget funds were authorized for a certain amount of NACo travel, if needed. Mr. Corr has attendod several NACo mootings, and when he asked the President about attending the Hawaii conference, he informed Mr. Corr to proceed with his reser.ations. At the same time, he requested a reservation be made for someone also to attend the Hawaii conference and then decide if those conferences wore of value to the Borough. lie had requested Mr. Stephens attend but he is unable to do so. On this assembly there are two membes of NACo committees, Mr. Corr and Mrs. Dimmick, The reality is that the travel budget is depleted because of the Alaska Municipal League travel. When the budget was prepared, the assembly was unaware it would be funding AML travel. There is a contingency in the budget that can be transferred to travel. lie stated further he would have no problem sending both people or sending none. He specifically asked assembly direction. Mr. Dale believed the needs of the Borough could be well served by Mrs. Click on this particular trip (NACo conference). Mr. Sewall stated that last year's budget funded NACo trips and since Mr. Corr is on a committee, he believed the assembly should approve his travel. The assembly should look at its travel budget for next year. Mr. Nash stated the present budget funded committee members attending these conferences and now that Mrs. Click is AML President and the travel is furnished by the hosting municipality, perhaps the assembly should transfer uontinyoncy funds to cover the Item, 15 - 1 J I P KI:NAI`1'LN I NSULA h01tUU ,11 .1SSI.MISLY 16:6ULAR %fL1,T l N(. 01 APR I L 17 , 1934 Mr. Douglas commented that he had no trouble with coonnitte. memlwl!. attending these meetings if they have vuting rights. Mrs. Dimmick believed the assembly should be keeping up with the payments in lieu ut taxes and the public lands issues. This hurnugh has been receiving over 5500,000 a year payments in lieu of taxes. She is a member of the Steering Committee on Public Lands which is directly involved with forest lands and payments in lieu of taxes. She did not feel travel to these various conferences to be a necessity as information from the conferences is available. Mrs. McGahan reported that Mrs. Glick was not a member of this assembly when she was elected as vice president of AML, which put her then In line for the presidency. Mrs. McGahan stated she was not aware when Mr. Corr became a member of the Finance Committee and Mrs. Dimmick of the Steering Committee on Public Lands. The assembly has not put itself in the position of obligating itself to travel. MrCarey believed any assembly person making a trip, should present a written report to the assembly. He objected to people taking trips to Juneau and elsewhere to advance their own political careers. Mr. Arness authorized the three people to attend the NACo Cunforence in Hawaii if there was no objection from the assembly. He further requested a transfer of $5,000 from assembly contingency to travel he placed on the next agenda. MRS. MC GAHAN MOVED TO AUTHORIZE MRS. GLICK 10 ATTEND THE ILih;fitl CONFERENCE. Mr. Crawford reported he could not vote on this motion as it relates - to borough finances which therefore makes it a legislative Item. Mrs. McGahan stated her motion relates to a person attending, not to the direct request for funds transfer, so it is not a legislative item regarding borough finances at this time. Mr. Corr reported the appropriate motion would he one to Uphold or Overrule the Chair. Mr. Arness stated his request was for an advisory opinion from the assembly. This would be an advisory vote only From the assembly. Mr. Nash reported Mr. Arness has made his decision and the motion by Mrs. McGahan is one overruling that decision and is out of order. Mr. Boedeker reported the motion to overrule the President's decision would be legislative as the present resolution allows the president to make the decision and to do otherwise would require another resolution. (b) Mr. Crawford commented on the Res. 84.77 setting the date for the board of equalization. The last day for filing is April 30, and this will make a tight schedule for notifying appellants, to prepare the documentation and for appellants to make plans to travel to the hearings. It appears the assembly may be involved in more than one BOB session which will necessitate additional travel. (c) 161r. Sewall called astention to the Flood Plain Insurance Memu from Mr. Cervontes and stated the information received will assist the cities with the flood insurance program. Mr. Sewall reported further the Planning Commission has provided definitions on noxious uses as noted in Ch. 21.12 of the Code and the Local Affairs Committee will be studying this document and will provide recommendations to the assembly. - 16 - A '1J ... K1;NA1 PENINSULA BOROUGH ASSEMBLY l(l:GULAR MhhTING Uf APRIL 17, 1,JH_l Mr. Sewall questioned when the City of Seward would receive the It sales tax which Is needed to keep the hospital open. Mr. Barton replied sales tax pass through has been a problem and now the borough is sending 9S% immediately upon collection and the balance later. This change took place the first of April. (d) Mr. Nash reported his amending motion seemed to have compounded a problem regarding the BOB hearings. He stated a member of the Assessing Department had approached him expressing concern that the assessment notices showed May 1 as the date for BOB. Mr. Nash expressed concern over the destruction of records which could be of value to the borough when tax cases and foreclosure proceedings are being administered. (e) Mrs. Walla and Mrs. Dimmick thanked Mrs. Banta for attending the meeting and providing the pictures and presentation. In addition, Mrs. Uimmick stated the service area boards do a good job, and a thankless one. They do not have the full responsibility and yet they work toward the good of the service areas. (f) Mr. Skogstad requested individual letters be sent inviting those mf�mbers who are to attend the South Peninsula Hospital meeting with the assembly on May 15. ,g) Mr. Douglas believed it unfortunate to have three people attend the NACo meeting in Hawaii. He stated the resolution to vote this down should be amended to require a vote of the entire assembly, thus taking the pressure off the president. (h) Mr. Dale reported the Ninilchik Harbor question is important and when members go to Juneau and talk to administrators or legisla- tors to ask them to keep in mind the Corps. report about the feasibility of the small boat harbor is extremely conservative in its estimation of useage of the harbor. (i) President Arness reported the Homer Hospital Committee meetings have been unproductive. The assembly will schedule a meeting with the committee members for May 15 at 6:30 P.M. President Arness reported the School Board will meet with the assembly on May 15 at S P.M. to discuss the 5 year capital projects plan. Q. PUBLIC COMMENTS $ PUBLIC PRESENTATIONS UPON 14ATTERS ,NOT CONTAINED IN THE ASSEMBLY'S AGENDA (none) R. INFORMATIONAL MATERIALS AND REPORTS (a) Memo Rai: Federal Flood Insurance Program (b) Letter RE: Susitna Hydroelectric Project Hearings (c) Bradford vs. Borough Suit S. NOTICE OF NEXT MEETING f, ADJOURNMENT (May 1, 1984) This meeting adjourned at 1:50 a.m. Next regular meeting was scheduled for May 8, and ROE hearings scheduled for May 1. Date A aavod: May S. 1984 H ep rness, ssem y President ATTEST: 1 Borough Clerk 17 7- a INLET WOODS SUBDIVISION INFORMATION PACKET SUBMITTED BY: MCLANE & ASSOCIATES SOLEWNA, ALASKA COMMERCIAL AND RESIDENTIAL LAND DEVELOPMENT :a ENGINEERS, SURVEYORS & PLANNERS &Vcf.ANF- & A3930CIATES, INC. P 0 F30X 4�W SOLW. Tr -;A, AK 99669 907-293-421 FJ it;F I MoLANO S ASSOCIATES, INC. PROFESSIONAL ENGINEERS. SURVEYORS & PLANNEnS June 6, 1984 Tom Wagoner, Mayor City Council Members City of Kenai 210 Fidalgo Kenai, AK 96611 RE: INLET WOODS LOCAL 1M11ROVE'MENT DISTRICT Dear Mr. Mayor and City Council Members: Enclosed you will find an information packet that explains our proposed development plan for the Inlet Woods Subdivision. In this packet I have included four items: 1) Brief outline of the partners in McLane and Associates and it description of some of our past developmental projects. 2) Background information in housing starts in the Kenai/Soldotna area with a historical correlation to population and major construction projects and projections of development of the Inlet Woods Subdivision. 3) The Inlet Woods Subdivision preli.minary plan; description of planned improvements; relative cost of L.I.U. Improvements per lot as compared to overall cost per lot, Including land acqulsi- tion and additional Improvements Lo he provided (gas, phone, electric, cable TV crossings); pro- posed covenants. 4) Request for L.I.D. repayment schedule. I hope you find this information Interesting;. McLane and Associates Is excited about Kenai's development potential and we are looking forward to working with the City of Kenai on the Inlet Woods Subdi- vision. We feel that it will be a good addition to the community. If you have any questions, please give me a call at our office. Sincerely, Michael P. McLane P.O. BOX 469 S171-00TNA. AK 99669 907-283-42113 i 9 McLane and Associates: Working under an Alaskan general partner- 'Snlp by the name o SM, McLane and Associates is comprised of Stanley S. McLane, Stan A. McLane, M. Scott McLane, Michael P. McLane, George H. Bradford, and Bruce C. Robson. These men are the principals of McLane and Associates, Inc., a Civil Engineer- ing, Surveying, and Material Testing company. We have worked in the community since 1958 and have developed a number of subdivi- sions over the years (Coal Creek Country Estates, Boson Landing, Mooring Estates, Mooring by the River, Chinulna Point Subdivi- sion, and Loftsdell Acres) for a total of over 375 lots. Other projects in which we have an interest are the Peninsula Center Mall, Soldotna Sears Building, and SeaView and Kaknu Manor, the latter two located in the City of Kenai. We are very familiar with the different problems encountered in property development and are committed to creating positive additions to the community. Our subdivisions have had under- ground utilities, quality roads, and good protective covenants. We have worked with the L.I.D. concept in the past with the City of Soldotna and have found it to be a good method to provide financing for urban improvements tbgt are so costly. Our engineering and surveying peraonne- have designed many of the road and utility projects in the local area. Some of these include: - Lamplight Road - Marydale Drive - Longmere Lake Road - K-B Subdivision - Woodland Subdivision #5 - Crest Drive - Dena'ina Point Subdivision (Section 36) - Mooring by the River - Mooring Estates #10 Vie have the background to provide a quality development of the Inlet Woods Subdivision. This subdivision will provide a good living environment for homeowners who locaaee in the City of Kenai. The following charts indicate housing starts within the City of Kenai and the City of Soldotna. The historical perspective of the population growth is shown on a separate chart. This indicates the City of Kenai can look forward to a period of strong growth in both population and housing starts. When you consider the fact that the inventory of developed lots in the City of Soldotna available for home building doesn't compare to what it has been in the past, the City of Kenai has a unique opportunity to respond to a real need for building sites. Also, as the impact of the Tesoro Expansion project has not been felt in the area yet, we feel that the time is right to develop a large-scale,. quality subdivision along the lines of Woodland Sub- division in an area that is convenient to good schools and to the downtown commercial area. Inlet Woods fits all the criteria. �r KBNA1 �S0L00TNA RE _.g _. i .._:i. -off• av { 64 •io�::.. 'HISTO:RItAL 130FIOUGH: ....�.. 0OPULAf10N"::::1:-` t.... ,..... . . 1 s •- • • t• �' r 20 .. ......� i::.:: �S. .»q . . . . . . . . . . . . . . . . :::.:: �t.i•}:::': . . . . . . . 1 . . f . . . • ?'r::::: i . �.• ' . . . :�S-i ._t �l 0 11 lb fps (09' dy toy° rb 0 b� 1� •�� qti ,�") �� ,, old q1 1� ,°� 0a ,r i+ I m Inlet Woods will be developed with the following proposed design parameters: Street and Drainage Improvements - paved streets thirty-two feet wide - curb and gutters with storm drainage - street lighting (optional) Utilities - city water and sanitary sewer - natural gas - buried telephone and electric services We plangto have prootective covenants to protect the existing mature tree* on the lots. This concept was very successful in nearby Wootiland Subdivision. We feel that the end result will be a very pleasant living environment - the curvalinear design with short site distance will make for interesting views of the homes as they are constructed. J I Initially, we plan to mhrket these lots to local builders. This will provide an inventory of quality lots that can meet an appa- rent need. By doing a project of this scale, we will be able to pass on the savings to the builders and, ultimately,, to the buying public. We feel that Inlet Woods should be developed with homes on the majority of lots within the next 8-10 years. During the initial phase of the project, the L.I.D. repayment schedule becomes very critical as the debt service on $2,500,000 is considerable. Therefore, we request that the council approve a 20-year schedule for the repayment of the individual assess- ments. As homes are built on the lots, the assessments are paid in full so the L.I.D. should be repaid for the most part prior to the 20-year schedule. The relative costs per lot for this subdivision break out as follows: L.I.D. 58% Land 33% Underground Utilities 9% As you can see, the L.I.D. schedule is of vital importance to the development plan. If at all possible, we would like to get some feedback from the council as to their thoughts at this time. P J Y �tna,leow�otn 'i • r •Y• it �' +rl'! ry r rrwi� » »� "o C • "t tit it t•• " s n » i A � I•• r r� r I• .. s. I � � „ ... I � c � I •.x » I I t t N I M ` / • I oo 7 M I ti n / • '� � " s� � " " as •3 f w I � � • N w A r . *moo i 1 •v '; •o I E Rilmuit Ayewil INLET w000S • •1•uww•»• a n111 r•w•• xwrr•r•�t tMItM• .(f, �W Mt •IW11 � A N,t•1• tryr� M IF. 1�•. • •. r, /y rr Ir. W ry•/r•M••••• •�•Iy lrl•1•••WLYM•.S Iw MM 1I••I • t111 ! - T' t 1n PURCHASE ORDER l:l 1 Y OF Kt:N �l WHITE1. • VENDOR GOLDENROD • ACCOUNTING 210 FIDALGO ST. PHONE 283.7638 CANARY . ACCOUNTING KENAI, ALASKA 99611 BLUE • SHIPPING & RECEIVING GREEN • APPROVED COPY PINK . REQUISITIONER VENDOR NO. Saltz General Contractors Ordered by fail Date TO Con t ac�`�" Phone I L SHIP VIA: __-_ - txuvtaroAn PREPAY SHIPPING • CHARGE € n e 110 SEPARATE ON INVOICE ITEM NO. DESCRIPTION OR ARTICLE Rental of Kamatsu 65E at $65/hour 8 hours/day = $520 x 3 days J� BY r THiS PURCHASE ORUEEr NUMBER MUST APPEAR ON All PACKAGES AND PAPERS RELATING TO THIS PUR CHASE N06 06 84 Date j iUUNCI EMYtCIO& — N PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT QUANII€♦ UNIT UNIT PRICE AMOUNT uwtnu $1560.00 STATEMENT BELOW READ OR MAILED TO VENDOR. PO is for all cost & freight to Kenai Freight for this PO is on P0A lid ADDITIONAL COSTS WILL BE PAID''Tf'T OUT $1560.00 AUTHORIZATION & NEW PO PRIOR TO DELIVERY. TOTAL Ge!�; DEPARTMENT 4/6ay BYTr , «M HMO , j v b .� ri RM DELIVERED To TOM WAGONER FROM RUTH PARSONS 6/6/84 AT COUNCIL • �.. '� !% ��`c �L �`� !e- etc c : � /uc� cE'.�''- / -1'... .. .'' .��; 1) Lis -at 7/ -o lkowa 'C(A o-, Oft 44- LI-ft, J� Lj!' e 4_e" -11 VIA 1 X;a Y '44L -Ike o C4 60L- J'JA VA01 i I FA w �,. F 0 - .1 .''` Nl.��'',��l� . w± �v�tl.1.• •.../ � c !.� r- ,i'c� � ����11sC � C4..,L�P � �Gc-�c mil ..:�;:•. •• ZL..z Ike - •ter".,}4J�Jr . � n ' � .... oe Lac 4r /A . •� i���;!,�i.�J#�'� . MAC♦�•R✓M�ii.Yl.T• ,V ••�',�/�i•'''"�♦y,��;,?•f';'»/,���,br. ��.•� ,I'u'.�^„ 't �'��^,"'��Y °y'• Si�i'� ,��.✓.; i...• i f.;«. -•i.. ' ,,,�.yw..�" .- z�r� �r 1s'�. aai..,. _ 7 !r.e..'►. y.•j•-.: ir•: r•ys�..� .r. T. fir. k .-wr.%!5.,_ .�i� ,':.!• _ , iC� .i•IF� wr.� L.;'#� e.. .. r f , AV;W21- ` 4 -- . .-- -- -.-I