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HomeMy WebLinkAbout1984-08-01 Council PacketKenai City Council Meeting August Packet 1, 1984 COUNCIL PACKETS AUGUST L } f 1 v r / 1 • r ±. i 1 u 1 � ti AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 1, 1984 - 7fOO FM WORK SESSION - 600 PR A. ROLL CALL 1. Agenda Approval 2. Consent Agenda "All items listed with an aotoriok (•) are conoidered to be routine and non-controvera►ol by the Council and will be approved by one motion. There will be no separate discussion of these items unleaa 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 Goneral Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD r t 1: ft7tSWren e a. -ftvtnq-Lilnc St. b.. - Junk. -Ynsds_in Area 2. Polly Crawford, Thompson Park - Objection to Engineering of N4veds St. 3. Architect C. Gintol► - Community Center - Interior Decorator C. PUBLIC HEARINGS 1. Ordinance 954-04 - Amending Kenai Municipal Code - ^ , /� Application Fee for Rezoning Petitions ,�qA-,� 2. Ordinance 955-84 - Amending Kenai Municipal Cods - Portable 6 Flashing Signs 3. Ordinance 956-84 - Increasing Rev/Appns - Community y a�5*t — 4. Center Design - f105,942 Resolution 84-86 - Submitting Charter Amendment to S Voters at Oct. 2, 1984 Election - Filing Date for Council Candidates 6 Deleting Petition Requirements S. Resolution 84-87 - Transfer of Funds -Library Addition- $14,244 6. Resolution 84-88 - Transfer of Funds - Purchase Items in Airport Lounge - $5,000 7. Resolution 84-89 - Transfer of Funds - lake, Marine, Granite Pt. - $4,660 S. Resolution 84-90 - Transfer of Funds - Alisk, McCollum, Cinderella, Fox, Princess, Linwood Ext. - $41,500 9 Resolution 84-91 - Street Names - Osna'ina Pt. Estates 10. Resolution 84-92 - Transfer of Funds - Fire Dept. - Monitor Pagers - $2,100 11. *Transfer of Liquor License - Restourent/Eating Place - Italian Gardena N D. MINUTES 1. *Regular Meeting, July 18, 1984 E. CORRESPONDENCE 1. *Cooperative Extension Service - Plant Test Site 2. 'U.S. Secretary of Treasurer - Revenue Sharing 3. #Alaska DEC - Municipal Grants - 4. City of Seward - Petition to Kenai Peninsula Borough - Fireworks Ban F. OLD BUSINESS 1. Ron Yamamoto - Doyle's Lease Application - Gusty S/D 2. Lease Application - Doyle - Gusty S/D G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 -�Q_ 3. *Ordinance 959-84 - Amending Kenai Municipal Code - Expanding Business Area Described in Awarding Competitive Bide 4. *Ordinance 960-84 - Establishing Assessment Fund - Sprucewood Glen - $227,000 S. Ordinance 961-84 - Amending Kenai Municipal Code - Sign Code . ..- 6. *Ordinance 962-84 - Amending Zoning Map - Lawton Acres S/D 7. Discussion - Lease Application - Parker 8 Black - F80 S/O 8. McLane Proposal for Water & Sower Engineering on Alisk, McCollum, Cinderella, Fox, Princess, Linwood Ext. 9. Architect Gintoli Proposal for Design of Community Center 10. Nelson Proposal - Inspection 6 Surveying - Lake, Marine, Granite Pt., FBO, Main St. Loop t0'r'•""' -~ c-a w.e,Ararh H. REPORTS WUr�. Selo 4in 1. City Manager 2. City At�rney 3. Mayor a 4. City Clerk O S. 6. finance Director Planning 6 Zoning 7. Harbor Commission 8. Recreation Commission " ''•'""' "" 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 1 -G COUNCIL MEETING r7iIm1�I�uiMAN�Io "mm mommommum a MEN IPA TIORnPAn F VIARVABOMMErr�� MI W, '41% � m►�v ��woo�►�ru�■■■� OSOPLIPIARVIA 14 MR AIARFIA mommommommmommoom dr COUNCIL MEETING OF COUNCIL MEETING - ? —' _ g' L NAME ADDRESS �1. ilep,/ �A v-f'rccw Lerr Kv►r� M �r `11, y tool, l 4' 2$5 4f/z/�ii..�yj 17 I� J y r /' AUGUST 1, 1984 INFORMATION ITEMS 1 - AML Newsletter, July 1984 2 - Senior Citizens Newsletter, July 3 - Kenai Borough - Agenda, July 17, 1984 Meeting 4 - Kenai Borough Resolution of Commendation - Beautification Committee, Parks h Rec Dept. 5 - Alaska Constructor Newsletter, July 1984 - State Local -Hire Law 6 - Memo, Airport Manager Swalley - Noise Abatement 7 - Kenai Borough Ord. 84-40 - Transfer of Zoning Powers 8 - Memo, Public Works Director Kornelis - Misc. 9 - Kenai Borough - Minutes, June 14, 1948 10 - Kenai Borough - Minutes, June 19, 1984 11 - Kenai Borough - Minutes, June 11, 1984 12 - Billing - C. Gintoli - Architectural Services, Library - $159304.80 13 - Pay Estimate - Construction Unlimited, Inc. - Thompson Park Rds. - $135,865.26 14 - Billing - C. Gintoli - Architectural Services, Police Dept. - $13,802 15 - Billing - Wm. Nelson do Assoc. - Lake, Marine, Granite Pt. FBO - $180 16 - Pay Estimate - Zubeck, Inc. - Haller, Evergreen, McKinley, 3rd, 4th, 27th, 32nd (Final) - $46,843.75 17 - Transfer of Funds Under $1,000 - July, 1984 18 - NIMLO Newsletter, July -Aug. 1984 - Cable TV 19 - Letter, Enstar - Increase Requested by Royalty Owners, Kenai Gas Field 20 - Letter, Sandra Daniels - Request for Extension on Bonding, Airport Bar 21 - Letter, AK State Troopers - Thanks for Police Assistance, HEA Situation, July 5 22 - Proposed Litter Ordinance 9 J V. CITY OF KENAI "Del edpddl 4 4ia"a"' 210 FIDAL00 KENAI, ALA8KA 90611 TELEPHONE 263.7535 July 23, 1984 MEMO TO THE FILES Thompson Park Street Improvements - 1984 RE: Meeting at Nevada Street with Residents PRESENTs Residentss Polly Crawford Larry Lowenstein "Spanky" City Representatives: Jack La Shot, City Engineer Phil Bryson and Casey Madden Wince, Corthell, Bryson The above named people and I met for over an hour to discuss the proposed street grade for Nevada Street and driveways into their respective residences. Their concern was that the elevation of the street would be too low creating driveways that would be too steep. We explained that this area was difficult to design streets for as one side of the street (Crawford, Lowenstein, and "Spanky's" side), the houses sit well above existing grade and on the other side, the houses sit approximately level or below existing grade. Generally, it is poor practice to design a street that may drain toward private property as on the other side of the street. Also, we must maintain proper sight distance over the vertical curve in front of their residences and proper grades approaching the intersections of Nevada and Togiak and Nevada and Primrose. To further raise the grade would exceed proper design criteria and could create a hazardous situation for the general public. Before leaving, the residents were told that we would further research the matter to see if we could adjust grades somewhat to help this situation. Casey contacted me later that day and said that the best we could do was to actually superelevate the street (instead of the normal crown) in the area of each driveway. This would raise the grade approximately eight tenths in each area, making the elevation approximately the same as it was on the old street. Casey said he would notify the residences of our decision. i j =1 1! i i All things considered, I feel we made the best decision possible. We have used this method on other projects with satisfactory results. KK/jet r - n , CITY OF KENAI "ail G'a?a" 014"„ 210 FIDALOO KENAI, ALASKA 90611 TELEPHONE 283•7536 July 31, 1984 MEMO TO THE FILES Thompson Park Street Improvements - 1984 91 REs Phone Conversation with Polly Crawford and Larry Lowensteins Larry Lowenstein wanted to know if he could get an additional driveway on his adjoining lot. He said he could use this driveway as a shared entrance for his lot and "Spanky's" residence. I told him he could arrange for the contractor to install an additional driveway, but since no driveway existed before, he would have to pay for it. I told him I would figure an approximate cost and call him back. I called a few minutes later and told Polly that the cost would be about $700 - $800 for a 24 foot wide driveway. JL/jet t f � Y „ �I f 1 i i 1 • J e , v -- INTERIOR DESIGNER - ASSOC. ASID g*A09MM - ANCHORAGE. ALASKA - 9 WI- - (907) 345-'1455 7601 Hillside Way July 23rd, 1984 re: Fee proposal for work on Kenai Community Center All services and work to be performed at a flat hourly rate of $ 45.- per hour not to exceed a total of $ 12,000.- plus travel expenses as well as lodging if required. �o-e,� i A t � y r r• INTERIOR DESIGNER - ASSOC. ASID SPA BOX 421E - ANCHORAGE, ALASKA - 99507 - (907) 345-1455 9 1 1 ,I ' I ti,• 1 I i.• i f i } r 1 „ i Selfemployed since Dec. 1982 Degree Bachelor of Interior Architecture from University of Oregon received June 1982 Course of Study included: Architectural - and Interior Design, Space Planning and Site Analysis, Working Drawings, Building- and Finish Materials, Furniture Design and Construction, Mechanical Systems and Lighting, Color Theory, Experiential Concerns, History of Architecture & Furniture. Work Experience prior to Degree: 6 years of Residential Design Work through Design Craft Ltd. , Anchorage 4 years of Institutional Design Work in Germany 4 1/2 years Mechanical Drafting in Germany and Portland,Oregon 3 years of Mechanical Drafting Apprenticeship in Germany I I r ,) .. • ' � J Ili I w I I 1 I I Ii 1 i I j 2 Recent Commercial Projects: Client: Industrial Indemnity of Alaska Scope; Selecting and specifying interior finish materials for 4 - story , 35.000 squ ft. Building at 4301 B Street. Space planning and furniture layout for 15.000 squ ft of office space. Material and color selection for that space. i Specifying furniture. ; Consultant on related areas. i Client: Crowly Maritime I Scope: Spaceplanni.ng for aprox. 2000 squ ft of office space to accommodate inter departmental changes ( Project was not executed due to lack of funds) , Client. Equifax Scope: S paceplanning for 2000 squ ft of new office space as a feasability study for a contemplated move. ' o i � { Client: Troy Jenkins,Architect Scope: Preparation of a program in conjuction with a feasability study for a new headquarters bank building for the Alaska State Bank. 1 As my thesis, required for graduation from the University of Oregon, I did the spaceplanning for 3 floors of the 140 000 squ ft headquarters library here in Anchorage as well as material and color selection for selected areas of which I enclose copies and pictures. In addition to above projects I have been involved in a number of residential projects ranging from the design of additions to the design of a custom piece of furniture. /` NOWANWAFA " - - --!.r_^••_ ••,•-•• •.Y-:: A I MWOY DeSIGN GROUPA PROFESSIONAL CORPORATION July 25, 1984 Carmen Vincent Gintoli, Architect 130 Trading Bay Road, Suite 300 Kenai, Alaska 99611 Dear Mr. Gintoli: I am unable to comply fully to your request for proposal due to the time constraint. Specifically, I am unable to send photographs accompanying this letter to demonstrate my work. In realizing a picture is worth a thousand words I will have to use a thousand words to supplant the absence of a picture. I have lived in Anchorage for twenty-five years, twenty of those years have , been producing architecture and interior design. Projects of which I have designed inside and outside that are similar or perhaps familiar to you and/or the client are as follow: Fairview Community Center, Anchorage Palmer Pioneer Home, Palmer Wonder Park/Gladys Snood Elementary Schools, Anchorage Russian Jack Elementary School, Anchorage Seward Oceanography Lab, Seward Mat -Su CDnntnity College (Phase I), Palmer Resolution Park, Anchorage Insurance Building @9th F, K, Anchorage it Corsair Restaurant, Anchorage The Wwrks @ University Center, Anchorage Evergreen Memorial Chapel, Anchorage ,. Seidemrerg F, Kays Clothier, Anchorage ;. My experience has been varied and I am accustomed to working with diverse criteria for design. In one week I can supply photographs of my work if you h notify me that it would be helpful. Until that time, I do hope the above list will suffice. " I appreciate your consideration. Wi th regards, � Ralph Alley AIA/ASID Alley Design Group, Inc. P.O. Box 111923 Anchorage, Alaska 9951 IA923 (907) 276.6429 i' 1 � I A I /mil I MLUOY DeSIGN GROUPA PROFESSIONAL CORPORATION July 25, 1984 Carmen Vincent Gintoli, Architect 130 Trading Bay Road, Suite 330 Kenai, Alaska 99611 Mr. Gintoli: I am pleased to submit this interior design service proposal for the Kenai Coamanity Center project. The scope of work includes: 1. Analysis of required program 2. Design 3. Preliminary layouts and presentation drawings 4. Architect/City Council presentations S. Alignment with architect's project consultants 6. Architect/City Council approval 7. Final layout 8. Final detailing for project 9. Final color, finish, fabric selection 10. Final furnishing/accessory selection 11. Final project interior documents 12. Final presentation 13. Submittals 14. On -site inspections 1S. Off -site supplier/manufacturer inspections Alley Design Group, Inc. P.O. Box 111923 Anchorage, Alaska 99514.1923 (907) 276-6129 i J 1 i •N d I v T armon Vincent Gintoli, Architect M July 25, 1984 - Page 2 The "Not-to-Excoed" maximatm compensation for the work indicated abovo is `- $20,000.00. This amount does net cover customary additional oxpensos incurred when producing design services and for revisions and changes to the approved !! work. The cost of my services are task based rather than fee schedule referred. The hourly rate is $70.00. My practice, especially the interior services, is ggenerally privately funded highly particularized projects. I have learned that it is best to analyze each involvement case by case as I have done hero. In acknowledging the type of client, my experience with similar projects, and re- viewing the work I currently consider must he done; the compensation amount submitted is reasonable. I look forward to meeting you, Carmen, regardless of the outcome. I appre- ciate your contacting me. 0 & may ma With regards, Ralph M. Alley AIA/ASI Suggested by: Planning h Zoning CITY OF KENAI ORDINANCE NO. 954-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.05.06,J FOR THE PURPOSE OF ESTABLISHING AN APPLICATION FEE FOR REZONING PETITIONS. WHEREAS, the City of Kenai has assumed the authority for zoning administration, and WHEREAS, KPB 14.02.280 establishes a procedure for submitting a petition to amend the Kenai Zoning Code and Official Map, and WHEREAS, it is the responsibility of the City of Kenai to establish an appropriate fee to be submitted with such applications, and WHEREAS, an application fee of $200.00 is deemed appropriate to defray the expenses incurred by the City, and WHEREAS, the Kenai Advisory Planning do Zoning Commission has adopted Resolution No. PZ84-57 recommending this fee. NOW, THEREFORE, BE I1 ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: 14.04.060 Fees: In order to defray the expenses connected with-T a consideration of applications for variances and conditional use permits, the person presenting the application shall pay to the City Clerk a fee in the amount of $100. A fee in the amount of $200 shall accompsny an application for amendment o the Kenai 7—on7n-9. Code or Urrictai 14ap.Whether an application ris granted or deniea by the omm salon, the petitioner or applicant shall not be entitled to the return of the fee paid. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1984. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City er First Reading: July 18, 1984 Second Reading: August 1, 1984 Effective Date: September 1, 1984 ':J -: , "1 Suggested by: City Council CITY OF KENAI ORDINANCE NO. 955-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALA5KA, AMENDING KMC 14.20.220, SIGNS AND ADVERTISING DEVICES, TO RESTRICT THE USE OF PORTABLE AND FLASHING SIGNS. WHEREAS, the City of Kenai currently regulates signs and ad- vertising devices as governed by the Kenai Zoning Code, and WHEREAS, the existing sign code section has not been amended for several years, and WHEREAS, considerable concern has been raised regarding the safety and appearance of portable and flashing signs, and WHEREAS, such signs have proliferated within the City of Kenai during recent years, and WHEREAS, the Council desires to restrict the use of these signs by amending the signs and advertising devices section of the Kenai Zoning Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Chats Section 1s KMC 14.20.220(a) is amended as follows: (a) General requirements: (1) A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure excepting those less than four square feet in area. Construction and erection of signs shall be in accordance with this chapter and with all other pertinent regulations. (2) Signs permitted under this section shall advertise only the business or activity being conducted on the immediate premises. 1 ..J (3) No sign shall be erected at any location where by reason of the position, shape, or color of such sign it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal., or device. (4) No sign other than public signs shall be placed within 10 feet of any intersection as measured from the nearest intersection of street right -of way lines. (5) [FLASHING SIGNS AND INTERMITTENT ILLUMINATION ARE PERMITTED ONLY IN COMMERCIAL AND INDUSTRIAL ZONES. (6)] In all residential zones, lighting shall be indirect and shielded from adjacent property. Section 2: KMC 14.20.220 is amended by adding a new subsection as follows: (d) Signs prohibited in all zones: (1) Flashing or intermittent illumination signs are not permitted except time and temperature and automatic changing message signs. (2) Portable signs are not permitted except in commercial or industrial zones subject to the following conditions: [i] Portable signs may be displayed for not more than one week and must comply with all requirements of this Code. When such sign is removed, it may not be returned to that site within one year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1984. ATTEST: Janet Whelan, City Clerk TOM WAGONER, MAYOR First Reading: July 18, 1984 Second Reading: August 1, 1984 Effective Date: September 1, 1984 2 Suggested bys Administration CITY OF KENAI ORDINANCE NO. 956-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $ FOR DESIGN OF THE COMMUNITY CENTER. Jot 1 s�'U V WHEREAS, the City has received a proposal for design of a Community Center at a cost of $172,942, and WHEREAS, the Community Center Capital Project Fund has an available balance of $77,000 for design, and WHEREAS, the General Fund Capital Improvement Reserve has an unaudited balance at June 30, 1984 of $200,503, and WHEREAS, the Council desires to accept the design proposal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increase in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues Appropriation of Capital Improvement Reserve 1105;942- Increase Appropriation: Non -Departmental - Transfers - Vf" 94-2- Community Center Capital Project Fund Increase Estimate Revenue: Transfer from General Fund $105,942 Increase Appropriation: Engineering $45--42 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1984. TOM WAGONER, MAYOR ATTEST: !�Janet Whelan, City Clerk First Reading: July 18, 1984 _- Second Reading: August 1, 1984 =.-L i Effective Dates August 1, 1984 4' Approved by Finance: I I { J u 'I Suggested by: City Clerk CITY OF KENAI RESOLUTION 84-86 A RESOLUTION OF THE COUNCIL OF' THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI AT THE REGULAR ELECTION OF OCTOBER 2, 1984, FOR THE PURPOSE OF AMENDING SECTION 10-3 OF THE. CHARTER OF THE CITY OF I KENAI, ALASKA - AMENDING THE FILING DATE FOR COUNCIL CANDIDATES, AND DELETING THE PETITION REQUIREMENT. WHEREAS, the Kenai Peninsula Borough has amended their Code of Ordinances relating to elections, and WHEREAS, the City of Kenai elections coincide with the Borough elections, and WHEREAS, the Council deems a declaration of candidacy sufficient for a candidate wishing to run for office, without the twenty signature petition, and ' WHEREAS, to ensure efficient handling of the election process, these two government entities should work with similar procedures. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followss Section 1s That the following proposition shall be submitted to the qualified voters of the City of Kenai at the October 2, 1984 regular election in substantially the some form as set out hereinafters 4 PROPOSITION i " Section 10-3 of the Charter of the City of Kenai reads as follows$ �I "Any qualified person may have his name placed on the ballot for the election as a candidate for mayor or councilman by filing, not more than 60 days or later than 31 days prior to the election, with the city clerk, a sworn statement of his candidacy; provided that such sworn statement shall be ".. ) accompanied by a nominating petition signed by 20 or more '4 registered qualified city voters." -- ; Shall such section by amended to read as follows? "Any qualified person may have his name placed on the ballot for the election as a candidate for mayor or councilman by filing a declaration of candidacy with the clerk. YES NO I l i Filing period will Ise Augunt 1 through Augunt 15, 5tOO 1f.m. Should August 15 be other than a normal buninona day, then candidates shall have until noon on the next normal buninean `�; day following to file their declaration." YES NO PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA# thin tat day of Augunt, 1964. ATTEST: ene a an, City Clerk f Y � ._i StiflMontod bys City Clerk CITY OF' KENAI RESOLUTION 94-116 A RESOLUTION Or THE COUNCIL OF TIIF; CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE; 411ALVIED VOTERS Or Till, CITY OF KENAI AT THE REGULAR ELECTION OF OCTOBER 2, 1904, FOR THE PURPOSE OF AMENDING SECTION 10-3 OF Tiff, CHARIER or THE; CITY OF KENAI, ALASKA - AMENDING THE FILING OATL FOR COUNCIL CANDIDATES, AND DELETING THE PETITION REQUIREMENT, WHEREAS, the Kenai Poninnula Borough han amended their Cade of Ordinances relating to oloctionn, and WHEREAS, the City of Kenai eloctiono coincido with the Borough electiona, and WHEREAS, the Council deoma a declaration of candidacy sufficient for a candidate wishing to run for office, without the twenty signature potition, and WHEREAS, to enoure efficient handling of the election proeono, theoe two government entitioe should work with oimilar procedures. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL Or ME CITY OF KENAI, ALASKA, an followus Section 1s That the following proponition ohall he submitted e Me qualified voters of the City of Kenai at the October 29 1994 regular election in oubatantially the name form es out out hereinafters PROPOSITION Section 10-3 of the Charter of the City of Kenai rondo no followos "Any qualified poroon may have hia name placed en the ballot for the election as a candidate for mayor or councilman by filing, not more than 60 days or later than 31 days prior to the election, with the city clerk, n nworn atatomont of hin candidacy; provided that ouch nworn utatomont Shall be accompanied by a nominating petition nignod by 20 or more regiotered qualified city votoro." Shall ouch section by amended to road an followo7 "Any qualified poreon may have his name placed on the ballot for the election no a candidate for mayor or councilman by filing a declaration of candidacy with the clerk from Augunt 1 through Auguot 15, 5s00 PM, Should Auguut 15 be other than a normal huaineoa day, then candidaton ohall have until noon on the next normal buninean day following to file their declaration." e� p i p� 1 1 /r :.-JV-11 •-""-sir._ •T _- - -" ' nvr�f�' -_ -_ _ - -. Fr�l, �e r+ � . F��� Resolution 84-86 Page z YES NO PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this tat day of Au®uat, 1984. T-UM-WAGUNLRo MAYOR ATTESTt anot Whelang My or " I a i - I i J. ill � Y i CITY OF KCNAI DECLARATION W CANDIDACY declare that I rouide at in Me L ty am a Mlzon of : to United State;; that I ram a bona fide ronid©nt, of the State of Alaska and a qualified voter of the City of Kenai. I declare myoolf a candidate for the Office of for o 1 yr. 2 yr. 3 yr. term and accept the nominaFion and wTT serve Trelected. I roquent my name be printed on the official ballot out o for the oloction to be hold on 1 :1 DATE � •1 PHUNL MAILIRG ADD US l Subaeribed and oworn to before me thia day of �F 19 ' NOTAI STATE Oi LAS A Commission Expires I, the above named eandidato, am aware of and acknowledge that I must comply with the State of Alaska Campaign and Conflict of <r- Intoroot Lawo. r SIGNATURE Or CANDIDATE 4 Oo not alter this form; if error is made, planse rvqueat another form. DATE FILED i b I a-_ PIE- I %1 �041 August 19 1984 ti C', Members of the Kenai City Council: tA� F4"Al I am writing to express my support for your recent a' , n the Kenai Community Library addition. The library needs the largest possible increase in space. All the Council members who voted for the 10,000 square foot addition at the July 18 meeting were obviously convinced that the city can afford to build and maintain this badly needed addition to the present facility. Please continue to support the largest possible expansion of the library. The library is a facility which can benefit every member of the community in some way. My family uses the library extensively for reading materials for adults and children, recordings, the opportun- ity to read periodicals to which we do not subscribe, children's story hours, and research for school projects. Materials which the library does not have are usually available through the interlibrary loan program from other libraries in the state. My husband receives professional materials to which he would not otherwise have access in a rural area from the Alaska ReAlth Sciences Library program. I do research for my freelance writing projects. The Kenai library is an extraordinary facility for a rural Alaskan community, It adds a great deal to the quality of life in this area. The facility is used not just by residents of the city but by thousands of other people who do not otherwise have access to these services. Mrs. DeForest does an exemplary job with a small staff and a dedi- cated corps of volunteers. With efficient use of the resources available to her, she keeps the library open to users on a schedule which is convenient to the greatest number of people. She and the rest of the staff and volunteers do a wonderful job of providing services with the available space, which has been taxed (in the non- financial sense of the wordt) to a greater and greater extent as the community grows and the services offered by the library increase. Cne glaring example is Mrs. DeForest's office, which is currently also used as a storage room for back issues of periodicals and newspapers, and for reference books; as a place to show movies; as a meeting room; and sometimes for children's story hours. When the room is in use for an activity, firs. Derorest can't use her tesk and library workers can't get to the other materials stored there for patrons who need them. The 5,000 square foot addition would be only a stop -gap measure. :rat amount of space would be completely utilized the day it was finished, which would only lead to a repeat of the present situation in a few years. :et's look to the future if at all possible. it will be a far better :use of public money tc build the twc-story addition now. :ncerely, KENAI ADVISORY LIBRARY COMMISSION ! July 17, 1964 f Kenai City 4k11 Kathy Heus, Chairwoman 1. ROLL CALL Presents Heus, Carson, Quesnel, Swarner - Absents Castimore, Smalley, Turner NOTE: Kenai Library Board met jointly with Commission 2. APPROVAL OF AGENDA Agenda approved " 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Carmen Gintoli - Library Addition Update Due to increased funds for library expansion, the Commission and Board met jointly with Mr. Gintoli to work out a project to utilize those additional funds. Mr. Gintoli presented a financial report with options for the funds available. MOTION:' Commissioner Quesnel moved, seconded by Commissioner Swarner to recommend an addition of 2 stories with elevator. UQTEs, y. Notion passed by unanimous consent' 4 NOTES This motion cancels the previous expansion plans 4. APPROVAL OF MINUTES of May 15. 1984 Correct: strike 2nd sentence and correct to:" �l I the story program is for kindergarten through 3rd grade at 1 p.m. on Thursday. Correct McKeown to McCune; Item 8 insert there after will bet Item 8 i change "minimum portion" to "medium security portion"; Item 8 insert "put 'him' to work"; Item 8 add "cards". Minutes were approved as corrected. J i T. -77/,j I: LIBRARY MINUTES July 17, 1984 Page 2 S. DIRECTOR'S REPORT a. Summer Reading Program 3eanette Neal tape destroyed - no discussion Available b. Director's Comments tape destroyed - no discussion available 6. OLD BUSINESS None 7. NEW BUSINESS None 8. COMMISSION COMMENTS & QUESTIONS Commissioner Quesnel asked a question pertaining to beginning of construction. (Question and comments unavailable) "Commissioners were urged to attend the City Council meeting of 7/18/64 and to call the Council members and speak to the project". 9. ADJOURNED The meeting was adjourned at 905 p.m. Commissioner Carson/Janet Loper 0 1 01 Suqgested bys Administration CITY OF KENAI RESOLUTION NO. 84-87 BE IT RESOLVED BY THE COUNCIL OF ;HE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES HE MADE IN THE LIBRARY ADDITION CAPITAL PROJECT FUNDS F roie s Construction $14,244 Tos Engineering $14,244 This transfer provides additional design monies to expand the Library Addition. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this let day of August, 1984. Tom Wagoner, Mayor Y I T :, j _ _ _- :Iia.-'-l:"_ .3il: �iiL',1'., L_ii S'M.'.- _--•__—ter s _ _ _ i 13 _ r y Suggested hys Administration CITY OF KENAI RESOLUTION NO. 84-88 5. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1984-85 AIRPORT o TERMINAL BUDGET. Froms Contingency <$5,000> -- T o s Small Tools h Minor Equipment $5,000 This transfer provides money to purchase items located in the Airport lounge. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this let day of August, 1984. Tom Wagonerg Mayor o ATTESTs Janet Whelan, City Clark Approved by Finances e9Q J 7, I N i " Suggested by: Administration ,1 Ii `J CITY OF KENAI RESOLUTION N0. 84-89 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE MAIN STREET LOOP, LAKE, MARINE, GRANITE POINT, FBO ROAD CAPITAL PROJECT FUNDS i Froms Engineering $4,660 To: Inspection $4,660 i This transfer provides additional money to award an inspection contract on this project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1984. -� TOM WAGONER9 MAYOR iI ATTESTS Janet Whelan, City Clerk x. Approved by Finances r�Q r t�� O t-1 . r i I _ i J I Y , l/ } Suggested by: Administration r'' p V •, CITY OF KENAI RESOLUTION N0, 84-90 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF' KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES HE MADE IN THE ALIAK, McCOLLUM, CINDERELLA, FOX, PRINCESS, do LINWOOD EXTENDED CAPITAL PROJECT FUNDs Froms Construction $41,500 Too Engineering $41,500 This transfer provides money for design of water and sewer on the project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1984. TOM WAGONERt MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finances y: s r• • r t i i •r+ ..;}r.p�. .f i•� rr.var,=.-. T. �, ... ,, .,�. ,. ,. ,an - e ,�, .. ._ .. , rn- , .. . ,w. .. .. .ns. .«��.r...->�... _ww=-=�,.m. ,.ti G - _ ..--',�-, I Suggested by: P & Z Commission i CITY OF KENAI RESOLUTION NO. 84-91 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CHANGING THE NAMES OF CERTAIN STREETS WITHIN DENA'INA POINT ESTATES SUBDIVISION. s WHEREAS, KMC 14.15.140 authorizes the Council of the City of Kenai to name and rename streets, and WHEREAS, the Kenai Planning h Zoning Commission recommends the naming and renaming of certain city streets with their Resolution No. PZ84-70, and WHEREAS, certain ambiguities exist on certain existing street i names resulting in confusion on pronunciation. I, NOWO THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENA� I, ALASKA,as followss Section 1s That the street names be changed and/or established according to the attached Exhibit "A" and that said names when accepted for City maintenance be incorporated on the j Master Street Plan. Section 2s T-hat the City of Kenai's Public Works Department keep and update a Master Street Plan drawing that includes all y roads that are accepted and maintained within the City of Kenai j and that such roads on the drawing will be considered the official names of these roads. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this lot day of August, 1984. om Wagonert Mayor ATTESTS Janet Whalen, City Clark I , I 1 CITY OF KENAI RESOLUTION NO. 84-91 Exhibit "All Change Elyin Way Chulin Drive Masi Loop Dujomi Drive Doliko Drive To Bach Drive Sadiya Drive Dologama Drive Gioha Lane gamishok Turnagain Tusodni Tutko McArthur Chigmit Storichkof Drift Harriet Sachatno a /f CITY OF KENAI KENAI ADVISORY PLANNING b ZONING COMMISSION RESOLUTION PZ84-70 A RESOLUTION OF THE KENAI ADVISORY PLANNING A ZONING COMMISSION OF THE CITY OF KENAI. RENAMING STREETS WITHIN DENA'INA POINT ESTATES IN ACCORDANCE WITH KMC 14.20.140. WHEREAS, the City of Kenai is preparing certain city -owned lands, known as Dena'ine Point Estates Subdivision, for disposal, and WHEREAS, the existing street names as established on the filed subdivision plat are difficult to pronounce, and . WHEREAS, the Council desires to change the street names to correspond with :. prominent physical or geographical features of the Cook Inlet region, and 4' WHEREAS, the renaming of streets is to be accomplished by Council res- olution in accordance with KMC 14.15.140.• NOW, THEREFORE, BE IT RESOLVED BY THE KENAI ADVISORY PLANNING & ZONING COMMISSION, that the existing street names within Dena'ina Point Estates Subdivision be deleted and replaced by the following: Kamishak Turnegain Tuxedni Tutka McArthur Chigmit Starichkof Drift Harriet Bachatna PASSED BY THE ADVISORY PLANNING b ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this-.�Z.% day of 198�(,. i Lee Lewis, Chairman ATTEST: Jane Loper, Planning Secretary s Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84-92 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1984-85 GENERAL FUND BUDGETS Froms Fire - Machinery & Equipment $2,100 Tot Fire - Small Tools & Minor Equipment $2,100 This transfer provides money in the proper account to purchase six monitor pagers. The items were approved in the budget under the wrong budgetary account. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this let day of August, 1984. TOM WAGONER, MAYOR 1 is ATTEST: n • Janet Whelan, City Clerk ,7, �r•` i Approved by Finance: i I i i - 1 < i . i t ' t i l f i i I i y1 : r , • $7&7E OF 1 I DEPART.MEYT OF REVENUE IANCHORAGE, 201 EAST 9TH. AVENUE ALCOHOLICBEVER4GEG1ONMOL BOARD ALASKA 99501 July 17, 1984 } Janet Whelan, Clerk ,,,�K31415�s�j City of Kenai ^Cb P.O. Box 580 Kenai, Alaska 99611 a Ch U ` f I F�6aJR0, Dear Ms. Whelan, - 1 We are in receipt of the following application(s) for transfer , liquor license(s) within the City of Kenai You are being notified as required by AS 04. .520. I I RESTAURANT/EATING PLACE LICENSE I .. ITALIAN GARDEN; Filip Filipovski; Mile 12, Kenai Spur Road; MAIL: P.O. Box 1 2843, Kenai, Alaska 99611. Transferred from: Zoran Antoski. Same D/B/A and location. l " I 1 A local governing body as defined under AS O4.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the i' board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.530. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT Its SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to pro- test an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the relevant regulation or ordinance if ,you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Sincerely, oed4ew*lt�� Betty L. ICW'Calhoon Records & Licensing Supervisor (907) 277-8638 BLC:vk Enc. 7:' I AGENDA KENAI CITY COUNCIL - REGULAR MEETING 7ULY 18, 1984 - 7sOO 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. There will be no separate discussion of these iteme 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 I. Ron Yamamoto - Doyle's Lot - Gusty 5/0 C. PUBLIC HEARINGS 1. Ordinance 949-84 - Amending Zoning Map - Silvertip S/D 2. Ordinance 950-84 - Amending Zoning Map - Park View S/D 3. Ordinance 951-84 - Amending Zoning Map - Sprucewood Glen S/D 4. Ordinance 952-04 - Amending Zoning Map - Walkowski-Deland S/D 5. Resolution 84-71 - Awarding Contract - Walker Lane Extension - Zubeck - $86,828.84 (Reconsideration) a. Resolution 84-76 - Transfer of Funds - Walker Lane Extension - $653 (Reconsideration) 6. Resolution 84-78 - Awarding Lease - Automatic Taller Machine at Airport - Peninsula Savings 6 Loan - $1,200 yr. 7. Resolution 84-79 - Awarding Lease - Bar Concession at Airport - Sandra Daniels - $4,100 no. S. Resolution 84-80 - City Support to Borough Septage/Solid Waste Codieposal Incinerator Project if Certain Stipulations are Adhered to 9. Resolution 84-81 - Requesting Municipal Assistance Funding from State 10. Resolution 84-82 - Directing Enforcement of Non -Conforming Land Use - Land Fill 11. Resolution 84-83 - Sprucewood Glen S/D a. Manager's Report b. Preliminary Assessment Roll 12. Res. 84-84 - Awarding Contract - Engineering - S. Highbush, Bumblebee, E. Aliak, Swires, Highbush Rds. - Teeal Inc. 13. Res. 84-85 - Transfer of Funds - Painting Striping - Airport Parking Lots 8 Driveways - S1,850 14. *Application for Transfer of Liquor License - Larry's Club J i i I I i i i i D. MINUTES IJ ., 1. *Regular Meeting, July 5, 1984 . E. CORRESPONDENCE 1. •Soldotna Cab - Support of Ordinance 914-84 Amendments 2. *DEC - Pollution Control Technology - Tesoro Petroleum 3. *City of Soldotna Airport Manager - Objection to Peninsula Communications Tower " F. OLD BUSINESS G. NEW BUSINESS 1. *Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,O00 3. *Ordinance 954-84 - Amending Kenai Municipal Code - _ Setting Zoning Amendment :ees 4. *Ordinance 955-84 - Amending Sign Code, Portable and Flashing Signs 5. Ordinance 956-84 - Funding Community Center Design Proposal - C. Gintoli - 6. Ordinance 957-84 - Increasing Rev/Appns - Council on " Aging (Community Service Program) - f3,269 , a. Public Hearing - 7. Ordinance 958-84 - Increasing Rev/Appns - Council on -' Aging - $97,594 a. Public Hearing B. Discussion - Lease Application - Doyle - Gusty S/D ( ........ a,•.so�.•• .j 9. Discussion - Water h Sewer on Princess, Aliab, Magic, McCollum, Cinderella, Fox 10. Discussion - Dust Control J H REPORTS 1. City Manager 2. City Attorney 3. Mayor _-- 4. City Clerk 5. Finance Director 6. Planning 6 Zoning 0 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD i I ADJOURNMENT fi � 1 1, 1 i I I 1 � i t. , �i I {„ - 1 I KENAI CITY COUNCIL, REGULAR MEETING DULY 18, 1984, 700 PM KENAI CITY ADMINISIAIION BUILDING VICE MAYOR RAY MEASLES PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents 8ailio, Hall, Measles, Wise Absents Waqoner, Ackerly Councilwoman Monfor arrived BsIO PH. A-1 Agenda Approval a. Vice Mayor Measles asked that item D-1, Minutes, be deleted from the Consent Agenda. b. Vice Mayor Measles asked that the proposal for float plane facility, SAS Engro., submitted this data, be added as item G-11. C. Vice Mayor Measles asked that Assignment of Lease, Lowry b Parise, Sprucowood Glen S/D, be added as item G-12. Council agreed to the changes and additions. A-1 Consent Agenda NOTIONS Councilmen Wise moved, seconded by Councilman Hall, to approve the Consent Agenda as modified. Councilwoman Bailie asked that item G-1, Bills to be Paid, Durs-coat Painting, be deleted from the Consent Agenda. Councilwoman Bailie asked that item G-4, Ord. 955-84 - Sign Code, be deleted from the Consent Agenda. Notion passed by unanimous consent. CLERK'S NOTES Items G-1 and G-2 were reversed in the packet. S. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Ron Yamamoto - Doyle's Lot - Gusty S/D Ron Yamamoto, Box 4363, Kenai. The letter from the City dated April 9, 1984 returning his application and stating it was not active was not right. He would like to leave it up to Council to make the decision. He turned a concept lease application into the City in 1978. It was on a first -come, first -served basis. He came in this year to exercise his option and was told he did not hove it. He brought this to the last Council meeting and was told to bring it to this meeting so Council could review it. The reason he to concerned is, it is holding up hie financial package. Mr. Doyle came to him and asked if he was interested in leasing. Mr. Yamamoto agreed. When he went to work on it, he discovered the City said he did not have a right to it. Land Manager Labohn explained, at the time Mr. Yamamoto submitted his application, the property was not platted or released by FAA. The property to now approved for release and is platted. In reviewing, it was noted there was a concept lease still in the files. At that point Mr. Labahn returned the application to Mr. Yamamoto stating the property was available and he would have to re -apply and submit a full application according to Code. Several weeks later the City received an application from Pat Doyle for the some property. This was accepted, has gone through PAZ, deposit was submitted. Administration contends a concept lease application to not valid under the current s 0 i 's KENAI CITY COUNCIL JULY 18, 1984 Page 2 Code because there wee no current application submitted with the deposit. Mr. Yamamoto noted the memo distributed this date from Administrative Annie. Gerstlauer, stating he has contacted the City since 1978 to check on the status. The letter sent by Mr. Labahn was sent to a different address and he received it a month later. According to the Ord. at that time, it was on a first -come, first -served basic. He sent $500 deposit plus $20 filing fee under protect. He added, Mr. Doyle thought Mr. Yamamoto had the lease, that is why he came to him. Airport Manager Swalley and City Manager Brighton had approved thin and recommended it to Council. He has a letter from Temporary Administrative Assis. Kim Howard stating the actions of FAA and that it was approved. Vice Mayor Measles asked if the cause for getting it dropped was because of a problem with the lease application. Also, if it had been platted in 1978, would Mr. Yamamoto have gotten the lease? Mr. Labehn replied, it would have come to Council at that time. I2 was not platted for 5 years after application. Mr. Yamamoto noted there was nobody interested in that land in 1978. He was the driving force to do something with that land. That is why Mr. Swalley and Mr. Brighton were in favor of this. Councilwoman, Bailie asked if things of this nature are sent out certified. Mr. Lebahn replied, this was not. Councilman Wise noted the letter from Mrs. Howard was notifying Mr. Yamamoto that FAA had no problem with aircraft use, not that it wen platted. Since that time Doyles have leased land just beyond this and are operating a car wash. It should have been apparent the land was available, yet he took no action. Mr. Yamamoto replied, he should not have to I^ just because somebody else leases land from the City. At that time he was in a financial package and could not go out and build something. Councilman Wise said once the land is available and platted, anybody with any interest should have expressed that interest. Concept approval does not justify his having the land. An option requires dollars. A Concept Lease gives him first right of refusal. It was common knowledge the land was available for lease. The City should have told him of the concept and he should have a reasonable time to consumate the lease. The City should have notified him, but he should not expect the City to keep the land off the market regardless of his financial situation. The lot has been available since late Fall, no revenue has been generated. Mr. Yamamoto noted he is not a businessman. His case is, why does he not have the land? He has been on the lot next door for 7 years and has done a good job. Councilman Hall asked, when did the lot come available for lease? Mr. Labahn replied, the plat was filed in 1983 and was available by August. Mr. Yamamoto noted the letter was sent April 1984 and was not sent to him. Mr. Labahn noted this was the address on the Concept Lease, he has another lease with the City. Doyles filed May 1984. Mr. Yamamoto said in between that time he came to Mr. Labahn to work the matter out. The City sent him a letter stating they would not like to hear from him except in writing. The letter from the City does not say why he did not have a lease. When the letter was hand -delivered, he did something about it. Doyle's representative approached his In March and suggested working out a lease arrangement. After that he went to Mr. Labehn and was told he did not have any option. Councilwoman Bailie asked if he was aware of it prior to that time. Mr. Yamamoto replied, not till he received the letter. Doy1e's representative asked him to work out something with him prior to submitting the lease. He told him there was a problem. Vice Mayor Measles explained the Council cannot give a decision till they talk with Atty. Rogers. Mr. Yamamoto asked if he needed an attorney. Vice Mayor Measles replied, that is his decision. Mr. Yamamoto asked to be on the agenda for the Aug. 1, 1984 meeting. � ' I r I 1 { ". t ii I . �� r.�,.;c•I y`.""mow .G. Y:.�.r'G:.�«; k►L.r� �t Y; ;1 � t .. I { � I, F I { KENAI CITY COUNCIL JULY 18, 1984 Page 3 Council agreed to the request. C. PUBLIC HEARINGS C-1 Ordinance 949-84 - Amending Zoning Map - Silvertip S/D M01I0Ns Councilman Mine moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-2 Ordinance 950-84 - Amending Zoning Map - Park View S/D MOTIONs Councilman Wise moved, seconded by Councilman Hall, to adopt the ordinance. There was no public comment. i Notion passed unanimously by roll call vote. i C-3 Ordinance 951-84 - Amending Zoning Mop - Sprucewood Glen S/D j MOTIONS I Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to change the effective date to August 21, 1984. There was no public comment. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-4 Ordinance 952-84 - Amending Zoning Map - Walkowski-Deland S/D MOTIONS Councilmen Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance, with the amended effective date of August 21, 1984 PUBLIC COMMENT: a. Will Jahrig, Kenai. He has purchased land in Beaver Loop area for his electric contractor busi.-ees. He feels the area is heavy industrial, it is not a scenic area. The use as defined by zoning should not be allowed. If it is not allowed something practical, it will remain dormant. He intends to develop within ono year. He has property in Old town, the City has tried to get him to move the material stored there. He will try to upgrade the area. There is opposition by those 1 i a l' i' t t i KENAI CITY COUNCIL JULY 18, 1984 Page 4 on the bluff saying a scenic area will be disrupted. In hie area, they will look at canneries and oil fields. This is an area of development. Wi►.h the dock area as proposed, it should be maintained as heavy industrial. He does not intend to affect the Central Heighte slope. COUNCILWOMAN MONFOR ARRIVED AT THIS TIME (8s10 PM) Mr. Jahrig continued, there is such an angle there that it would disrupt the area above. He has enough property to do what he wants. There is drainage there. It is conservation where the creek was supposed to be. The creek will be changed and corrected. It has moved several times now. Motion passed unanimously by roll call vote. C-i Resolution 84-71 - Awarding Contract -Walker Lane Extension- Zubeck - $86,828.84 (Reconsideration) So Resolution 84-76 - Transfer of Funds - Walker Lane Extension - $653 (Reconsideration) MOTION, Reconsiderations Councilmen Wise moved, seconded by Councilwoman Monfort for reconsideration of Resolution 84-71. VOTE, Reconsideration (Passed): Yes$ Hall, Monfort Wise Not Bailie, Measles MOTION: Councilman Wise moved, seconded by Councilwoman Monfort to adopt the resolution. PUBLIC COMMENTS a. Bill Zubeck, Zubeck Inc. This is a ticklish situation between two cities. He is in favor of a local bid ordinance. We should adhere to it or throw it out. He is the only contact in Kenai that is big enough. All others have moved out because they do not wish to pay taxes. At issue is the ordinance. Is. Ron Davis, Harley's Trucking. He is the low bidder. He has mixed emotions about local preference. One of the problems is conflict in the Kenai/Soldotna area. The other problem is, he does not agree with any kind of preference. If you are low bidder that is low bid and should be awarded. Councilwoman Monfor said she will vote against Zubeck because of the ordinance. The City has 3 top positions in Administration living in Soldotna. A lot of people from Soldotna have lived there for a long time and we should not require them to move. Kenai/Soldotna to local. In the past It has always been low bid and we should stick with it. Councilwoman Bailie said we cannot compare local hire with local contract preference. The ordinance to the problem. We voted unanimously to incorporate the ordinance to give to Zubeck. It says within the City limits, not the Peninsula. The ordinance is the law within the City, we are at fault if we ignore it. We cannot waive an ordinance. If we do, he has a case against the City. Councilman Hall said one bidder is located near the City and has done work for the City in the past. The other is inside the City and has also done work for us. He would define local area as w r !` 1Jr. KENAI CITY COUNCIL JULY 18, 1984 Page 5 the Peninsula. Thin may affect future bids. We should look at the ordinance. Councilwoman Monfor asked if it states in the bid that local contractor has preference. Public Works Director Kornelia replied no, it says "in the best interests of the City." He noted moot bid operations do not state f' this. Mr. Zubeck said almost everyproject in the City does not hire local. One job is 90% out -of -City people. There is a need for a local preference ordinance. He did not think thin woo aimed at Kenai/Soldotne. This should be part of the bid package up front where everyone can nee it. Councilwoman Bailie said we cannot deviate from an ordinance for one individual. Hr. Davis said there are thingo not spelled out, such so the length of time you have to have an office in the City. Someone could come in for 2 days before the bid and say they have an office in the City. It could _-_-, be abused. The ordinance does not say they have to award low ° bidder, awarding to him does not jeopardize the ordinance. Councilwoman Bailie said, in the past this has not been brought up, but it woe in this case. It seas voted - unanimously. Councilwoman Monfor said if it was not in the bid specs, there was a chance they did not know. She thought the ordinance was aimed at those outside of the Peninsula. VOTE (Pasoed)t Yes$ Bailie, Measles, Wise - --•�— Not Hall, Monfor Finance Director Brown sold he could make the transfer staled on Res. 84-76, reconsideration of this is not - necessary. C-6 Resolution 84-78 - Awarding Lease - Automatic Teller Machine at Airport - Peninsula Savings b Loan - $1,200 yr. MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. !:! Motion passed by unanimous consent. C-7 Resolution 84-79 - Awarding Lease - Bar Concessions at Airport - Sandra Daniels - $4,100 mo. MOTIONt !� Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the resolution. i Councilman Wise asked, what Is the scope of the operation? Airport Manager Swelley replied, the guide lines by Council were spelled out in the bid specs. Councilman Wise asked if there were any exceptions. Sandra Daniels replied she would like to have her daughter on the lease with her. There was no public comment. - —' Motion passed by unanimous consent. C-8 Resolution 84-80 - City Support to Borough Septage/Solid Waste Codioposal Incinerator Project if Certain Stipulations are Adhered to MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the resolution. A ra .iti:,+X.7!itii+`rPeli:�r�n!.;^19Li631).��`n 1 KENAI CITY COUNCIL JULY 18, 1984 Page 6 There was no public comment Councl!woman Ballis waked if Administration had been in contact with the Borough. Public Works Olrertor Kornells replied they had a meeting with Skip Bombard. They were very receptive to the stipulations. The only exception would be they were hoping for more City participation in the cost of the sewer line. He felt It would be difficult to determine. Motion passed unanimously by roll call vote. C-9 Resolution 84-81 - Requesting Municipal Assistance Funding from the State MOTION$ Councilman Wiae moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10 Resolution 84-82 - Directing Enforcement of Non -Conforming Land Use - Land fill NOTION$ Councilman Wiae moved, seconded by Councilwoman Monfor, to adopt the resolution. Clerk Whelan noted the typo errors have been corrected. PUBLIC COMMENT$ a. Skip Bombard, Kenai Peninsula Borough. The resolution asks the Borough to close one of its better facilities, not immediately but in the near future. Unless we find alternate seens we are going to be hard pressed to find new land. They have surveyed every parcel of land available to the Borough - government owned and private. They are not available or suitable for this. They ate fortunate in this choice, the water table is deep, they have a long life there. There are over 70 sorts available, patentad as one parcel. As to non-conformance, he would ask Borough PH but he thought it had always been one piece of land. A land fill does not expand, but it uses up land. There are different rates of use. If methodology of use changes, the rate of use changes. If there is ash fill, the rate would be different. they are looking for available soh fill disposal, but cannot find it because of population density. He is gratified with passage of Ron. 84-80 (City Support of Incinerator Project), peeved this data. 50: of waste is not burnable and has to be disposed of. The Kenai land fill 18 one of 2 siteo they would look to for ash fill. If there woo a better site, they would jump on it. Vice Mayor Measles noted Rec. 84-80 states, upon completion the Rorouqh would close and rehabilitate the land fill. to he saying there will be a need for that? Mr. Bombard replied, the Borough will have to eddreas the need. If they can accommodate, they will try. He did not know if they could come up with full State funding. If they have a cower line to tie in to, it will be good. People In the City will benefit from the extension. If they do not get funds for incineration, they will need the I _. f WENAI CITY COUNCIL. JULY 18, 1984 Page 7 land fill. He estimated about 30 years more for the land fill. They are using about one acre per year. Councilwoman Bailie avid she used to be a resident of that area. They more told it wan to be used as a land fill and would be closed when filled. Then they were told it would he a 5 yr. period for permit. It would be a playground. It in becoming dangerously close to a heavily populated area. It Is affecting property values in the area. They were told by the Borough it would be a temporary thing. Mr. Bombard replied he cannot find anything in the records that state that. This was instigated by the City, it was a lease with Dept, of Highways. It has been a Borough plan for the 6 years he has been there to operate there till a better site woo located. Councilman Wise said the Borough Planning Code speaks of non -conforming land use. It does not address land fill as a permitted use. It has been in violation all along. First, there should be no more trees cut. Second, when DEC is informed of violation, they will not issue a permit. Mr. Bombard said he would review with Borough P81 and Borough Planning Dept. Councilman Wise said the lease was for about 10 acres with the State. Platting of the remainder of Section 36 means the Borough may want to use it for a dump. It is unfair to anyone northwest of the airport. Motion passed unanimously by roll call vote. C-11 Resolution 84-83 - Sprucewood Glen 5/0 a. Manager's Report b. Preliminary Assessment Roll MOTION$ Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman Wise asked about the off-street parking. Is this an assessment district on private property? Finance Director Brown explained, the drawing shows 4-plexes, the parking would go off the right-of-way and onto private property. It has always been a public right-of-way. They requested this, he did not feel it was right to throw it out of the petition. Council can set the public hearing and expand or lessen the scope of the project. Councilman Wise asked if Administration could have data as to cost if this was deleted. Council agreed to the request. Notion passed unanimously by roll call vote. C-11s Manager's Report MOTION$ Councilwoman Bailie moved, seconded by Councilman Wise, that the City participate in the proposed Sprucewood Glen assessment district based upon the benefits received by City property. In addition, the City waives the 25% limitation and agrees to accept on a proportional basis 100% of the costs of improvements. In addition, the method of allocation of costs in the proposed Sprucewood Glen assessment district be booed upon front footage, rather than square footage, of benefited property. Motion passed unanimously by roll call vote. a o :.' KENAI CITY COUNCIL JULY 18, 1984 Page 8 C-12 Reoolution 84-84 - Awarding Contract - f_ngineerinq - S. Highbuuh, Bumblebee, E. Alink, Swirco, Highbueh Rda. - Tessc Inc. MOTION$ Councilman Wioe moved, neconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENTS a. Alan Joneo, 56S Engrq., 1214-4th, Kenai. He was given to understand by Engineer La Shot that his proposal was low by a considerable margin. Also, over 1/2 of his staff lives in Kenai. He had not seen the letter of recommendation in the packet. After review of the letter, Mr. Jones said they based their bid on 40 hours, 8 hour day. It is important to know who the contractor would be. Vice Mayor Measles asked, on the other bids, are they also based on 90 days, 40 hour week? Public Works Director Kornelis replied, he did not know. He has asked engineers in the past for rough costs. They are figured on how long it will take to do the project. If a contractor works more hours, it will take a shorter time. Thia is not an estimate, just to get a feel of the project. b. Dick Lomen, Theee, Inc. They opened a permanent office this Spring. They had a branch here for 3 years, it is now the main office. There are 4 in the office. The bid was based on previous experience of 10 hour days, up to a 3 month period. Vice Mayor Measles said the resolution is acting on a not -to -exceed figure. These are estimates only and will be negotiated. It to not usually done. There is no reason why inspections could not be done with other than the one who did the design. He had a problem with that much spread when we do not take low bid. Mr. Kornelis explained these proposals have never been called competitive bidding. They are not required to go out for bid on professional services. Hie main concern is that Public Works Dept. Is extremely busy, all 3 have worked with the City in the past, but a new firm would have to review their general specs, etc. Vice Mayor Measles said Council is charged with looking at the interests of the City. As to being too buoy to work in a new contracting firm. It will not get any less busy, will this exclude any new fires from entering into buoineos in the City? Council will not have it any other way then low bid. The difference in this is way out of line with the section of the Code (dealing with competitive bidding). NOTION, Amendments Councilman Via@ moved, seconded by Councilwoman Nonfat, to amend the resolution to reads In the heading, line 2, change the words TAEAC, Inc. to ShS Engineers, Inc. In the heading, line 5, change the amount from $29,224 to $25,560. In the NOW THEREFORE paragraph, line 3, change the words TAEAC, Inc. to S&S Engineers, Inc. In the NOW THEREFORE paragraph, line 5, change the amount from $29,224 to $25,560. VOTE, Amendments Notion passed by unanimous consent. I t - in �. .x -.ii /••.. ♦. a .. r-. ...,-w.•.r ... it J+Y - �^. —. L TIF I KENAI CITY COUNCIL JULY 18, 1984 Page 9 s J VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-13 Resolution 84-85 - Transfer of Funds - Painting Striping - Airport Parking Lots & Driveways - $1,850 MOTIONS Councilwoman Bailie moved, seconded by Councilmen Wise, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-14 Application for Transfer of Liquor License - Larry's Club Approved by Consent Agenda. D. MINUTES D-1 Regular Meeting, July 5, 1984 Clerk Whelan asked that page 4, item G-7, line 5, the number 350 be changed to 300. MOTIONS Councilwoman Bailie moved, seconded by Councilman Wise, to approve the minutes as corrected. Notion passed by unanimous consent. E. CORRESPONDENCE All items accepted by Consent Agenda. F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified DURA-COAT PAINTING SERVICES Councilwoman Bailie asked, what is this for? Finance Director Brown explained, painting of the Senior Center and deck area, all exterior. MOTION$ Councilman Wise moved, seconded by Councilwoman Bailie, to approve the Dura-Coat billing. Motion passed by unanimous consent. NOTES Since Duro-Coat is actually on item G-2 and material wee reversed in packet, Council took duplicate action. G-2 Requisitions Exceeding $1,000 DURA-COAT PAINTING SERVICES MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to approve the Ours -Coat billing. ; •.4 •. 4 o2Jlar•--. 1� Kt.NAI CITY COUNCIL JULY 18, 1984 Page 10 Motion paused by unanimous consent. G-3 Ordinance 954-84 - Amending KMC - Setting Zoning Amendment Fees Passed under Consent Agenda. G-4 Ordinance 955-84 - Amending Sign Code, Portable and Flashi-ig Signs MOTION$ Councilwoman Bailie moved, seconded by Councilman Wise, to introduce the ordinance. Councilwoman Bailie asked if this could be passed at an earlier date. Finance Director grown explained, only if it is an emergency. Motion passed by unanimous consent. G-5 Ordinance 956-84 - Funding Community Center Design Proposal- C. Gintoli Councilwoman Bailie said she would like to add an interior decorator. In this building, unlike other city buildings, it will have to sell itself. Councilwoman Monfor added, the inside should be as special as the outside, with added touches to show Kenai at its beet. Mr. Gintoli said he had intended to have Mr. McMillan and interior graphics for _ approval by the committee. Councilwoman Bailie said she would prefer an interior decorator. Councilman Wise noted they are appropriating exactly adjusted figures Mr. Gintoli had. He did not want a shortage. He suggested a cushion and noted an interior decorator would be more money. Finance Director Brown explained this was a not -to -exceed figure. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, that the numbers be changed to $105,942 in all 4 areas. Finance Director Brown said he could have the figures at the Aug. 1, 1984 meeting. Councilman Wise said he would rather do it now and come down. VOTE, Amendments Motion passed unanimously by roll cell vote. VOTE, Mein Motion as Amendeds Motion passed unanimously by roll call vote. G-6 Ordinance 957-84 - Increasing Rev/Appno - Council on Aging (Community Service Program) - t3,269 a. Public Hearing MOTION: Councilman Wise moved, seconded by Councilwoman Sallie, to introduce the ordinance. Motion passed by unanimous consent. -I . .-.'I f, ', � ...,.�:• a.rra,riw�ris.a-. rs�nrrtr_;..� I • - I i . A! 111� 6r.. 1pO - i l t � KENAI CITY COUNCIL JULY 18, 1984 Page 11 MOTION, 2nd Readings Councilmen Wise moved, seconded by Councilwomen Nonfor, to have the 2nd readinq this date. Motion passed by unanimous conoont. MOTION, Public Hearings Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. G-7 Ordinance 958-84 - Increasing Rev/Appns - Council on Aging - $97,594 a. Public Hearing MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to Introduce the ordinance. Motion passed by unanimous consent. MOTION, 2nd Readings Councilman Wise moved, seconded by Councilwoman Monfor, to have 2nd reading. Notion passed by unanimous consent. MOTION, Public Hearings Councilman Wise moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. G-8 Discussion - Lease Application - Doyle, Gusty S/D MOTION: Councilman Wise moved, seconded by Councilwoman Honfor, to approve the lease application. MOTION, Postponements Councilwoman Bailie moved, seconded by Councilman Wise, to postpone till August 1, 1984 meeting. VOTE, Postponements Notion passed unanimously by roil cell vote. G-9 Discussion - Water & Sewer on Princess, Alisk, Magic, McCollum, Cinderella, Fox Councilman Wise asked for a reason for the time delay. We have lost the construction season. Finance Director Brown explained, he was on vacation. Mr. Garnett is saying in his memo that he will not entertain the idea of an assessment district. So Administration did not pursue this, it was dropped. Council had a motion they would not put water 8 sewer in that area. This was brought to Council to show the diepositon of the matter, not for action. Public Works F. KENAI CITY COUNCIL JULY 18, 1984 Page 12 Director Kornelis said they have received a $650,000 water 6 newer grant, signed it, and sent it back to the State for action. It has not been received yet. The status now is, Iset week they received the final drawing on Magic. They amended the contract to include Magic. It will be ready to go out for competitive bids. It will be at the tail end of the construction season. As it stands now, we have received final engineering on road construction and will go ahead. Councilman Wise asked if Administration had submitted for matching State DEC funds. Some projects higher than this have been given grant status. Mr. Kornelis replied he did not think this was on the DEC list. It was submitted but not approved. Councilman Wise said almost 2/3 were directly funded by the State. We may be eligible for 50% grant. Mr. Kornelis explained, the list was sent in for DEC grants. Princess, etco was included. Of those S. top priority was Thompson Park water at the $19 Million level. They got $14 Million. We are not close with this. Princess, etc. water & sewer was at the $24 Million level. It is not likely that we will get Thompson Park water. He asked Council to consider water & sewer now for Princess, etc. rather than doing two times. Engineering water & sewer for the entire area was over $29,000. Councilman Wise asked if we had funds for additional engineering. Finance Director Brown replied, yee, but it would have to be moved from contingency. There is about $590,000 in the account. Based on the McLane coat, $650,000 would $220,000 shy to put water 6 sewer in the whole area. If it came from the capital project monies, it would deplete the fund. MOTIONS Councilman Wise moved, seconded by Councilman Hall, to direct Administration to negntiate with McLane for engineering additional work on contract relative to water & sewer in Candlelight, Princess, etc. and Administration prepare appropriate resolution for funds transfer for additional engineering work. Finance Director Brown, in reply to a question, said we have appropriated money for road work. Public Works Director Kornelis, in reply to a question, said road construction would start next Spring if this passed. Councilman Wise said he hoped for this with 50% DEC funding, 20% City and 20% assessment; and the same for Thompson Park. PUBLIC COMMENT: a. Ed Call, 1202 Lilac, Kenai. If water and sewer is fully funded, it should be available and reimbursable to those citizens that have paid. The best thing to an assessment district. If they want it, let them pay. Regarding roads already prepared with water & sewer, why can't they finish those up with black top? b. Calvin puandt, Mile 7, Spur Hwy, Kenai. He has a problem with assessments. He has been billed for some assessments and not paying because he resents some getting free water and some paying. His father asked for water and could not get. Section 36 would get it and his father will not. He owns lots on Lilac. There is a manhole open with a barricade over it for 2 weeks now. Another has had a barricade for 6 months. He cannot sell his lot for $10,000. It would be $10,000 to put in water & sewer. He owns property in Thompson Park. A sale did not go through because the neighbor's wells are too close. If they will not pass, none in Thompson Park will pass DEC. Water is available up to the funeral home. If water would go in, he would not have to worry about selling his lots. "1 :. a :.:w.:awr.w.r�uarscaifi•-s:r.•,. j J J KENAI CITY COUNCIL JULY 18, 1984 Page 13 C. Patty Morrie, Alink, Kenai. She appreciated Councilman Wise clarifying if they had a project here and if there was money to finance it. She has called the City and they say there to no water 8 sewer, but there is some next door to her. The City said there was $900,000 available, now they say i500,000. She cannot get a straight answer. She put out $25,000 for a well when she could have had City water. She would appreciate help with water & sewer. d. Robert Cogburn, Assembly of God Church, Kenai. They need water h sewer. They lease in the first house on Princess. There is a fire hydrant near the church and they do not have water. He has only been here 1-1/2 months. He is ashamed, it does not look good. He wants to improve the area. Water is on the same side as the hydrant. He thought everyone here would be willing to pay their share. It would be interesting to see if any of the Couneilmembers got water free. There are 11 neighbors here, it is a good showing. e. JoAnn Buzzell, McCollum Or., Kenai. If any Couneilmembers have been down McCollum in Spring, they know these people need help, but they do not want it torn up 2 times. The water is very bad, they would be willing to pay 20%. They don't feel they should pay the whole thing. There are other areas that have had it all paid. f. Debra Cogburn, Assembly of God Church, Kenai. She has been a house manager for years. The idea of putting in road and tearing up for other things is ridiculous. She would be willing to wait till next summer rather than put out money for a project and tear it up. g. Dale Broeekel, Box 316, Kenai. He just finished a home on Adak. He had difficulties with septic tank and line, $35,000 for the system. He drilled a well and found out there is water at the end of the street. It to difficult to come up with standards with the size of the lots required by the City. He has lived in Kenai since 197E and Alaska since 1964 and have seen this many times. h. Florence Munger, residence next to Magic, Kenai. Is there any reason why this grant money can't be used for their water 8 sewer project? They need roads, but also need water 6 sewer. Councilman Wise replied, the Legislature made $65O,0O0 for water 8 sewer work in Kenai. It has not been allocated by Council, they have not had recommendations from Administration. Water do sewer for this area would be $850,O00. The City has other needs. He to hoping we can tap other pots of money from DEC on 50% match. Ms. Munger said roads are needed desperately, but water 8 sewer is needed first. Patty Morris said she thought there was money for Thompson Park. Councilman Wiae replied, no, a year ago DEC solicited water 6 sewer projects for State matching. Thompson Perk rated higher than this project. The City is not going to do Thompson Park at this time. Councilwoman Monfor said she road lived in Thompson Park for years and tried to get water 6 sewer. They could not, so she asked for road Improvements, When they sold their home, though they never had any problems, it was a nightmare with DEC. a KENAI CITY COUNCIL 1 JULY 18, 1984 Page 14 VOTE: Notion passed unanimously by roll call vote. G-10 Discussion - Dust Control Public Works Director Kornelis explained, DEC will not let us use waste oil on the streets. Council asked him to research alternatives. The suggested method has no harmful materials for cars, can be sprayed on fruit trees. Finance Director Brown stated we would have to appropriate money to do this. Councilman Wise noted if we have to appropriate money, it would be 2 more weeks. That is too late. Public Works Director Kornelis addod, it has to be shipped in. Councilwoman Monfnr suggested starting next year. Mr. Kornelis noted we could try for federal revenue sharing then. Council agreed to the suggestion. G-11 Discussion - Proposal, ShS Engineers, Inc. - Float Plant Facility Engineering Councilman Wise asked, based on appropriations from July 5 meeting, are we going out for request -for -proposals for $25,0007 Public Works Director Kornelis said he is not sure what is included in $25,000. He has not gone out for request -for -proposals. No action was taken on this item. G-12 Discussion - Assignment of Lease - Lowry 6 Partee - Sprucewood Glen S/0 Land Manager Labohn explained, Mr. Partee is the lessee. He has requested to assign a portion of the.lesse to Mr. Lowry. Mr. Partee is 2 month's delinquent in his lease psyments. Councilman Wise asked what happens if they are delinquent? Finance Director Brown replied, a list of delinquencies is given to Atty. Rogers each month for action. MOTION$ Councilman Wise moved, seconded by Councilwoman Nonfat, that a. assignment approval is contingent on payment of outstanding liability. b. if they are not current in 90 days, legal action be taken by the City to recoup the property. Notion passed unanimously by roll call vote. M. REPORTS M-1 City Manager Finance Director Brown introduced the new airport manager, Randy Ernst. N-2 Attorney None M-3 Mayor None I /I KENAI CITY COUNCIL JULY 18, 1984 Page 15 H-4 City Clerk Clerk Whelan spoke. - a. Nominating petitions for the two council seats are available at City Hall. b. Members of the audience have requested that Council • members speak directly into their mikes so they can be heard better. H-5 Finance Director None H-6 Planning 6 Zoning None H-7 Harbor Commission None H-8 Recreation Commission None H-9 Library Commission r, Library Commission Chairman Heus introduced Architect Gintoli. Mr. Gintoli noted the library received a $1689000 State grant. He met with Finance Director Brown and City Manager Brighton to discuss use of the funds. (Mr. Gintoli reviewed the proposed changes and distributed material) There would be an additional 10,000 sq* ft, to the library, $75,000 for furnishings. They selected a ramp instead of an elevator, it took less space. There is a 10% bidding contingency. Councilman Wise asked if the $35,000 architect's fee was added onto the $920,000 total. Mr. Gintoli replied yes, he thought there was money left over in bond funds from the police and library bond money. Finance Director Brown explained they took equal amounts from both to the community center. There is $67,500 of I bond money left. There was an error in the totals, the estimated total cost is $930,000. With $35,000 architect's fees, the amount is $965,000; with $890,000 available, they are short $75,000. Councilwoman Monfor sold she would like the City to see what they could do about the short .,..w.,280."I emu, fall. With the bidding as good as it is, we should do it now and worry about furnishings later. Mr. Gintoli added, there would be additional detailed estimate after the design development phase. Library Commission Chairman Heue reported, the feeling of the Commission was to go with the design as presented. We would be getting more space for leas money than with other options. Also, we have money in hand. They would rather go short on furnishings for additional space. The furnishings would come along, there were not that many needed. Librarian DeForeat explained there would be a day light basement and a second story, there were 7 steps down. They anticipated volunteers on each level. This would relieve the pressure in the present office. Non-fiction and reference on the lower level, that would be the heaviest use. The upper level would be fiction, listening area, magazines - it would not need an attendant at all times. They have acquired additional volunteers. She has talked to Mr. Engen, State Librarian. He has promised additional support as a sub -regional status and would get a "portion" of a State employee. The State has a library circulating card system in Anchorage, they are looking for a place for experimental work for $90,000, they ... are looking at Kenai. They do not need that many �i i i 1 KENAI CITY COUNCIL JULY 18, 1984 Page 16 furnishings at thin time. They would not ask for additional people at this time. Library Commission Member Sworner urged support of the proposal and noted the grant needs to be committed within 90 days. Councilman Nine asked .f there was money in the en,Iineoring fund. Public Works Oirictor Kornelio replied the furnishings will not be bid in this project, that money could be used. Mr. Gintoli, in reply to questions, said they could start the middle of September, it would be February before completion. Councilwoman Monfor noted that would give the Librarian time to find money for furnishings. Councilman Wise asked if they could go out to bid in one month. Mr. Gintoli replied they could get it done in 30 days, they will do the bid in mid-Auguat. The m000nry work could be done by the and of October, they would have to do the exterior painting in Spring. Councilman Wise asked if they could obligate $55,O00. After a recess for research, finance Director Brown reported the engineering budget is $66,000, they are $14,000 short. He added, the money should be transferred by resolution and Council should not go ahead without a transfer. That would not be the right w.y to do it. Vice Mayor Measles said they could authorize going ahead this date and approve the resolution at the next meeting. Mr. Gintoli agreed to the suggestion. MOTIONt Councilwoman Monfor moved, seconded by Councilwoman Bailie, to suthoeize Carmen Gintoli to proceed with design of a split !oval, 2 story addition to the library, and direct Administration to have a resolution prepared for the August, 1, 1984 meeting to authorize funds. Motion passed by unanimous consent. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Ed Call, 1202 Lilac, Kenai. There is a situation on Lilac, there has been a fence put up by George Miller across the the bluff at the and of the road. He says the Natives own it. This is a bad situation we have tried to correct with 4 mayors, 5 city managers and many lawyers. None have straightened it up. Bill Quandt offered it to the City, he claims it. It has had many names. An easement was given to the Army to maintain sewer outfsll at the end of the road. The outfsll has been abandoned. State low says you cannot give an easement on an easement. Mr. Ahlstrom homesteaded it, B. Quandt negotiated with him to buy the road. The outfsll is still there, it belongs to the homestead. About 1/3 acre probably belongs to the Natives. Nick h Elsie Wyler gave about 8 acres to the Government. The 6 ft. fence is part of the road and should be returned to the original homestead. b. Ozzie Osborne, 2908 Cook Inlet View Dr., Kenai. It appears not to be a dedicated road. If he blocked the area with a car, nothing could be done about it except by the owner. He has a ditch in front of his yard he would like to have something done with. He has talked to Public Works Director Kornelia and Engineer LaShot and they have not done anything. He also has a manhole In beck that sticks up very high that he would like something done with. There is a hole in the street with a blockade and another hole with a couple of newhorseo that he would like something done with. Cook Inlet and Lilac have approximately 77 dwellings. Lilac was a good road till the City upgraded it. C. Calvin Quandt, Mile 7, Spur, Kenai. He is representing his father and himself. The 16" sewer line should be raised and run the other way on Lilac. the City has If . ._ . - ..".., , .. . .,. t KENAI CITY COUNCIL JULY 18, 19811 Page 17 provided Wildwood with police protection and water h sewer, but there is no water & newer in Thompson Perk. Did the City ask anyona before thty dumped mud over? He and his father own 17 lots behind Section 36, one on Lilac, and one on Cook Inlet View Or. This needs to be settled. The City wanto to promote tourism, this is one of the best views in the area. It is a 6 ft. chain link fence, you cannot turn around. Also, the City took him to court regarding a public nuisance trailer on Lilac. The man next door made the complaint on a burned trailer. A lot are worse than that. The trailer is gone now. He is in contempt of court because he has a bad foot. He did not get a quit claim deed to the property till Feb. 19849 so he did not own the property when he was prosecuted. He was never served. Atty. Rogers hung up on him when he called. Mr. Call said they gave the City their water system. At the same time they put in a fire hydrant and sewer. According to engineers, they were brought up to grade and gravel to be ready for black top. A few years later they up -graded the road with deep ditches. The City went into Nommsen and there was no one there. There are about 44 in Lilac. Mr. Ouandt said the City claims there is a shortage of lots. He owns 3 on Lilac with water & sewer and cannot sell them for $10,000. MOTIONS Councilwoman Monfor moved, seconded by Councilwoman Sallie, to direct Administration to look Into the owners of Cook Inlet View Dr. and ask Public Works to look into the condition of Lilac and take care of the open manhole. Mr. Call added, Cable TV has two cables across the top of a manhole, that have been there about 4 months. There have been many reports to the City. MOTION, Additions Councilwoman Monfor moved, with consent of second, to add to the motion, to have the report for the Aug. 1, 1984 meeting. Mr. Call said he called for City Manager Brighton, she said he was on vacation for 2 weeks. He asked for Finance Director Brown, he could not help. He asked for Public Works Director Kornelis, he said he would not talk to him. She said to talk to George Miller. Notion passed by unanimous consent. d. Councilwoman Bailie. She would like the City to designate the business district on Spur Highway. Some people yo through without knowing where the City is. e. Councilwoman Bailie. Regarding the No Smokinq signs. They are irritating. Could we make our own? Vice Mayor Measles replied, that is illegal. ADJOURNMENTS Meeting adjourned at 12s30 AN. Janet Whelan City Clerk 'jJ KENAI CITY COUNCIL JULY 18, 19811 Page 17 provided Wildwood with police protection and water h sewer, but there is no water & newer in Thompson Perk. Did the City ask anyona before thty dumped mud over? He and his father own 17 lots behind Section 36, one on Lilac, and one on Cook Inlet View Or. This needs to be settled. The City wanto to promote tourism, this is one of the best views in the area. It is a 6 ft. chain link fence, you cannot turn around. Also, the City took him to court regarding a public nuisance trailer on Lilac. The man next door made the complaint on a burned trailer. A lot are worse than that. The trailer is gone now. He is in contempt of court because he has a bad foot. He did not get a quit claim deed to the property till Feb. 19849 so he did not own the property when he was prosecuted. He was never served. Atty. Rogers hung up on him when he called. Mr. Call said they gave the City their water system. At the same time they put in a fire hydrant and sewer. According to engineers, they were brought up to grade and gravel to be ready for black top. A few years later they up -graded the road with deep ditches. The City went into Nommsen and there was no one there. There are about 44 in Lilac. Mr. Ouandt said the City claims there is a shortage of lots. He owns 3 on Lilac with water & sewer and cannot sell them for $10,000. MOTIONS Councilwoman Monfor moved, seconded by Councilwoman Sallie, to direct Administration to look Into the owners of Cook Inlet View Dr. and ask Public Works to look into the condition of Lilac and take care of the open manhole. Mr. Call added, Cable TV has two cables across the top of a manhole, that have been there about 4 months. There have been many reports to the City. MOTION, Additions Councilwoman Monfor moved, with consent of second, to add to the motion, to have the report for the Aug. 1, 1984 meeting. Mr. Call said he called for City Manager Brighton, she said he was on vacation for 2 weeks. He asked for Finance Director Brown, he could not help. He asked for Public Works Director Kornelis, he said he would not talk to him. She said to talk to George Miller. Notion passed by unanimous consent. d. Councilwoman Bailie. She would like the City to designate the business district on Spur Highway. Some people yo through without knowing where the City is. e. Councilwoman Bailie. Regarding the No Smokinq signs. They are irritating. Could we make our own? Vice Mayor Measles replied, that is illegal. ADJOURNMENTS Meeting adjourned at 12s30 AN. Janet Whelan City Clerk 'jJ t' q .f �i COOPERATIVE EXTENSION SERVICE UNIVERSITY OF ALASKA, USDA & SEA GRANT COOPERATING Box 1779, Soldotna. Alaska 99WO .r July 20, 1984 �' �1� �,9 The Honorable Mayor & Council rol���L.'e, `'`v�V, City of Kenai 210 Fidalgo Street Kenai, AK 99661 Dear Mayor Wagoner & Council Members: A good start on the Kenai City -Cooperative Extension Service Plant Test Site has been made in the past few weeks. At the pres- ent time, the site includes: a) fifty different grasses in three replications, b) eleven cultivars of potatoes, c) twenty-six va- rieties of root crops for potential stock feeding, d) three kinds of strawberries, e) several cultivars of deciduous and evergreen trees, and f) a collection of gooseberries, currents, & raspberries. Of course, this is just a beginning; next year we expect to make many additions. There has been a great deal of interest by many local (and several distant) people some of whom have indicated they will pro- vide planting stock next year. One person from North Kenai has already done so, and will supply still more next spring. In time, the site will be an interesting place to visit as well provide much needed basic data on plants adapted to the area. Several visitors have asked me to convey their compliments to you for deciding to support this site; I would like to add mine. I would also like to commend City Manager Bill Brighton and others involved for their dispatch in preparing the area following the mid -May city council meeting in which it was decided to have a ! plant test site. A few days later, the area changed from a rough fill to one graded level, covered with topsoil (which I did not ex- pect, but which is certainly very nice for the plants and provided -41 with water. This last was quite an undertaking! Bill is a true -= professional who "runs a good ship", is friendly, outgoing, pleas- ant and very cooperative while getting the job done pronto. You should be pleased to have him as city manager. He took on this as- signment with a smile (and no bureaucraticeze) did what was needed t . A I` a ` ,I City of Kenai July 20, 1994 Page 2 j expeditiously and even took time to visit the site and apologize for the delay in fencing the area, explaining that this would be accomplished as soon as possible. All of this, along with his ex- emplary demeanor is appreciated. Thanks, Bill. There has been no vandalism so far, and "with a little bit of luck", this happy state of affairs will continue. I attribute this, in large part, to your vigilant city police, who are keeping an eye on the site. One stopped by and talked with me recently while I was tending the site late one evening. It was my feeling he was check- ing to see what was going on - great! With the advent of summer rains, the grasses earlier seeded, but lying dormant, should start to green up. The rains also alle- viate a small problem with watering hoses. Dale and Daniel and the other summer crew boys have been very helpful with sharing their hoses, but it would be much nicer not to trouble them. After the fence is up, with your approval, I hope to connect a surface plastic pipe fitted with outlets to the source in the southwest corner of the site. A request has been made to large organizations for some sur- plus plastic, fabric or even metal pipe. If available, this would greatly simplify watering. ' Please feel free to make any suggestions you wish concerning the site, and encourage city employees to do the same. All sugges- tions are seriously considered, and incorporated whenever practical. Come visit when you've a minute. Sincerely, Walter Them Agriculture Resource Management Agent WT:mh 0 I ii OFFICE OF THE SECRETARY OF THE TREASURY WASHINGTON, D.C. 20226 DINIC TON wrKi O. ntvr.lut 9"MOM B"I[f 11M./10 eo.ur04..... o��y31415 �E�jl, Jury 9, 1984 wA Ilk�� REF: 5132-P n cry arc` �! Dear Chief Executive: Today we have made the third of four quarterly Revenue Sharing payments to your government for Entitlement Period 15 (EP15). Period 15 began on October 1, 1983 and will end on September 30, 1984. Revenue Sharing payments are made on the fifth working day following the end of the quarter to which they apply. Your payment has been made directly to a designated bank or other finan- cial institution if you have so authorized. Otherwise, your government's payment is in the form of a check mailed separately frrm this letter. Proposed Regulations Published Proposed changes in the Revenue Sharing regulations were published in the Federal Register in late June. The proposed regulations implement the amend- ment to the Revenue Sharing Act made by the "Local Government Fiscal Assistance Amendments of 198311 (P.L.98-185). These amendments include the new rules for independent audits for governments receiving more than $100,000 annually, and new public participation requirements. The regulations also propose a pro- cedure for conducting a final allocation after the closing date for all data challenges. Any pay adjustments which result will be reflected in future entitlement payments. Entitlement Period 16 Statement of Assurances The Statement of Assurances (SOA) for Entitlement Period 16 (October 1, 1984-September 30, 1985) will be mailed to all eligible recipient governments in August 1984. The package will include a copy of the Assurances (those requirements which must be met by each government), two copies of the SaA Certification Form, a return envelope, and instructions. One Certification Form should be signed and returned to ORS as quickly as possible. In the event that it does not reach our office for one reason or another, you can Sign and return the duplicate Form (or a photocopy of it). It is important to remember that the Certification Form must be signea in ink, by the Chief Executive Officer. StanTed or facsimile signatures -� are not acceptable. �� P' DEPT.OF ENVIRONMENTAL CONSERVATION Telephone: 1907) 465-2600 Pouch 0 July 13, 1984 Juneau 99811 ti �q N� 4PJ Dear City Administrator: i� q �6d 8Z L I The Alaska Department of Environmental Conservation (ADEC) Municipal Grants Program offers 50 percent matching grants to municipalities for the design and construction of water, sewer, or solid waste facilities. These grant funds are appropriated to us as part of ADEC's capital budget and are based on information you provide us. The enclosed materials include the informa- tion we need from you in order for your projects to be considered in our FY86 capital budget preparation. (The FY86 budget year begins July 1, 1985.) Please complete a questionnaire for each water, sewer, or solid waste project you would like considered for 50 percent grant assistance. The questionnaire will give us the information we need to evaluate your project(s). We would be happy to receive any additional support documentation you wish to send. We developed a similar project list last year. Many projects received funding through this program or through direct appropriation. If your community -� requested project assistance last year but did not secure the necessary funds J and you would like that project to be considered again in the FY86 budget cycle, it is not necessary to complete a new form. Please let us know (in writing) the name of the project and if any data has changed. I have also enclosed for your use a list of projects that were considered last year. We will not put a project on the FY86 list unless you (1) send a completed } questionnaire or (2) inform us, in writing, a project on the FY86 list is r still a community priority. All completed questionnaires must be received no later than August 15, 1984. ii This date is earlier than last year's, but our budget Submittal deadilnes have ` been moved up and we want to ensure no potential grant recipients are left out. ;rl Also enclosed is a draft copy of the criteria system we are proposing for the evaluation and prioritization of this year's projects. Any comments you have will be considered in developing the final criteria. 1 Please call me if you have questions about the questionnaire or the criteria. �i Sincerely, j Ga Hayden, rector !� ! Faci l i ty Const ructi on ,� •� and Operation Enclosure NP ADHC GRANT PROJECT CAPITAL BUDGET QUESTTONNATRE SUMIARY Priority Name of Protect Id S Est. 11.P. Est. Population AOEC funding Requested 1. Spruce, 2nd, 3rd, 5th X X 8,000 20 People $ 250,000 2. Princess, Cinderella X X 19,000 125 People 600,000 McCollum, Aliak, Fox 3. Kenai Spur 1-later & Sewer X X 400 - 80,000 Pore to Southt:est Sect. 36 4. Granite Point & General X X 3,600 10 Areas 90,n00 Aviation Water & Sewer 5. N. Kenai Spur Water & X X 9,200 12 Structures 300,000 Sewer, t.ildwood to City Limits 6. Spur Sewer Bore at X 100 0 40,000 Iliamna '0--"-7. Thompson Park X 11,400 140 People 350,000 8. Valhalla Heights X 10,000 120 People 300,000 r- - k-m_ _ CITY OF SEWARD 1010. wz l67 SEWARD, ALASKA 99664 0 e _ - 4,00 July 24, 1984 THE HONORABLE MAYOR TOM WAGONER 210 FIDALGO KENAI, AK 99611 i �„^� -.�J.l Jet✓ -rid' v^ • Main Office (907) 224.3331 r a Last evening the Seward City Council adopted a resolution requesting the Kenai Borough Assembly to enact appropriate legislation to prohibit the sale or use of fireworks within the Borough, except under controlled circumstances. I re- cognize that this can prove to be a hot potato, but I consider this to be in the best interest of public safety. I am willing to take the pressure from groups who liken the use of fireworks to the right to bear arms, Motherhood, apple pie and the indomitable American spirit. I believe the best interests of our communities would be served if controls were to be placed on the indis- criminate use of pyrotechnic devices. This year there were a series of fires in and around Seward which caused appre- ciable property damage, the expenditure of more than three hundred man hours of volunteer fireman time and effort, plus the time and efforts of our police force which could be put to much better use. The number of fireworks stands has been increasing on this side of the peninsula, and because of the profitable nature of fireworks sales, it can be reasonably assumed that they will increase in number. While we have an ordinance which prohibits the discharge of fireworks within City limits, it is not practical to adequately enforce it. We just do not have enough peace officers to be everywhere all the time. The ready avail- ability of pyrotechnic devices just outside our City limits makes them too acces- sible for any real measure of control. May I request your serious consideration of the resolution which we have enacted with a view to providing support for 4t. While I feel like the Grinch who stole Christmas for making this an issue, I feel even stronger that my obligation as a public servant to protect life and property is by far the overriding consideration. Thank you very much. Respectfully, CI OF SEWARD, ALASKA Donald W.ripps, Mayor DC:kt M CITY OF SEWARD, ALASKA RESOLUTION NO. 84-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUESTING THE KENAI PENINSULA BOROUGH ASSEMBLY TO BAN THE SALE AND USE OF ALL PYROTECHNICAL DEVICES WITHIN THE KENAI PENINSULA BOROUGH WHEREAS, the use of fireworks and other pyrotechnical devices is recognized to be a danger to life, limb and property; and WHEREAS, during the 1984 Fourth of July celebration in Seward, the Seward Volunteer Fire Department was required to put in over 300 man-hours as a direct result of the use of fireworks; and WHEREAS, the Seward Police Department invested approximately 50 man-hours on fireworks incidents during this same period; and WHEREAS, the potential risk posed by the sale and use of pyrotechnical devices far outweighs any momentary pleasure derived from such use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby requests that the Kenai Peninsula Borough Assembly, by ordinance, ban the sale and use of all pyrotechnical devices within the Kenai Peninsula Borough, except those supervised by a Fire Department with appropriate permits. Section 2. Copies of this Resolution shall be immediately forwarded to Kenai Peninsula Borough Mayor Stan Thompson and each member of the Borough Assembly. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA. this 23 day of July , 19 84 THE TY OF SEWARD, ALASKA . DONALD W. CRIPP , YOR -1- CITY OF SEWARD, ALASKA RESOLUTION NO. 84-87 AYES: Cripps, Gillespie, Hilton, Williams NOES: Meehan ABSENT: Swartz, Wilson ABSTAIN: None ATTEST: APPROVED AS TO FORM: RUCHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska %--titfda S. M rphy, City/Clerk Fred B. Arvidson, City Attorney (City Seal) —2— i I I CITY OF KENAI .'rFIRE DEPARTMENT BOX $98 • KENAI. ALASKA 99611 June 14, 1984 11, ExAlk"-A-F FIREWORKS INCIDENTS DATE LOCATION EXPENSE 6-25-81 Main &.Kenai Spur Road $154.95 7-2-81 Redoubt $166.00 7-4-81 Beaver Creek $199.00 7-4-81 Beach Bluff $ 88.55 1982 NO RECORDED INCIDENTS 5-30-83 Mile 7 Kenai Spur Road $156.00 6-22-83 Mile .05 Marathon Road $ 37.50 6-25-83 Peninsula on Bluff $ 0.00 6-28-83 Mile 12 Kenai Spur Road $187.50 1-4-83 Kenai River Bluff $ 75.00 7-10-83 Toyon Way $112.50 1 -25-83 1 Overland Street $ 88.00 6-9-84 Iowa Street, Thompson Park S 75.00 RONALD E• CUMMINGS �TERHEN D. ROUtH 6AR AH T. BALLANIVNE DAVID O. CLARK JOHN W. 41VERTSCN, JR Mr. Jeff Labahn Land Manager cumminGS & ROUTH A PRO►ESOIONAL COAVONATION ATTORNEYS AT LAW A LLE PETERSEN IAJ LAST NINTH AVENUC,SUITC ZOI Or COUN9[L AnCHOOAGE,ALASKA 99601 ARCA 907/076.2565 July 2, 1984 (I City of Kenai 210 Fidalgo Kenai, Alaska 99611 Res Lut 4, Gusty Subdivision, Addition 11o. 1 Our File No. 151-4 Dear Mr. Labanns •� Enclosed please find the Concept Lease Application returned to Mr. Yamamoto in your letter dated April 9, 1984. Also please: find enclosed a check for $10.00, the difference between the $10.00 filing fee filed by Mr. Yamamoto in 1978 when the Concept Lease was filed and the *20.00 required by the City of Kenai pursuant to the terms of the Kenai Municipal Code. Payment of o the $10.00 by Mr. Yamamoto is not to be considered a waiver of any of Mr. Yama►aoto's rights or an adniasion by Mr. Yamamoto that the Concept Lease was improperly filed pursuant to the then, or now, existing requirements of the Kenai Municipal Code. Rather, Mr. Yamamoto does not consider the issue of whether or not he should pay 420.00 to be a major bone of contention with the City, but would rather move on to the more serious issues. It seems to be quite no►ssensical to ask someone to pay an additional filing fee for documents previously filed with the then current filing ' fea paid. For example, the State Recorc" ng Office dues not require all individuals who filed documents to pay additional fees in the evesLt of an increase in filing rates. Also find enclosed Mr. Yar.►amoto's check in the amount of •f $500.00. Mr. Yac.►ac/lotoo, by paying the City $5u0.00, is not acknowledging that tile: City's procedure on April 9, 19t34, was proper or correct to the extent it constituted a rejection of his lease. Ratner, it is Mr. Ya,namoto's contention that the proper procedure: the city si►ould have rollowesei when considering Mr. Yawainoto's tease was to precisely identify to Mr. Yamamoto �. a how an -A why his filing was deficient, if at all, and to give f I4r. Yamamoto a reasonable period of tine to cure the' deficiency, . i r if any, rather t4an rojecti►► j his lease arbitrarily. 1t is !fir. Ya►namoto's understanding that the lease application for Duyla will be coasiuesrad at the July 5. 1984 meetin4•of the City Council of Kenai. yr. Yamamoto has very serious 'reservations Page 2 Mr. Jeff TaWahri July 2, 198-1 concorssing tho appropriateness of c:onaidariny nvylo'n csppiLeatLott without the City having been divan hin Concept Lefton application the roquirua duo procono canaiduration au act forth in tho applicable City of Konai tdunic:ipal Cade. specifically, KM(" 21.1u.060(a) otatea. . . Thu Advisory Planning and Zoning Comssrinaidn shall normally conaidar applicatidno for specific landu on a first conic, first servo ounia if the Coivnionion finda that tho application is complete and the uao pruposod in thu application is the highest and boot uao and conforms to the Airport Maxtor plan and other goals set by the Comrnionion or City Council. Whura thuro is difficulty its obtaining a perfected application, details au to dovelopmant plans, etc., or where the applicant fails to comply with diroctiono or requests of the Advisory Planning and Zoning Commission, any ouch priority will be loot, It is my understanding that Mr. Yasrrasnoto'ss application wits forwarood to the Advisory planning and zoning Commisnidn, that they approved the Concept Leaso application, and the matter wass forwaruud to the City Council. See attached Xxtsibit A. Your letter dated April 9, 19134 rejecting Mr. Yansamotol o Concept r.uano in its entirety specifically deprived Mr. Yamamoto of tho duo process reuiuirod not only by the Konai Municipal Code, but alno by the state and fodoral conatitutionu and failed to take into account the status of Mr. Yamasnoto'o lease application by the City. Further, KMC 21.10.060(c) opucificully otatess Conceptual Applications relative to unpiattud land or unrelcaoud lands will alux be considered on a first come, fir"ut servo basis �i under the same eonditionu &sat forth abova. on approval of concept by the Advisory Planning and Zonin:3 ConunLasion and the City Council, the applicant to assured the right i of first refusal of this loaaa folluwinj termination of loaae rate in accoruonce wits& established policy. . . The City hao completely dropped tne& bull on Mr. YRsrtas-uyto'n Concept Lease. wet only wars tnks City under a opecific duty to forward the application to the Advisory Planning and Zoning P l' pit jal 3 Mr. Jaf f W01thri Jisly L, 1 fit:'14 Cossuttinailm, lint 0119 Advirtory 1►1nr13iin%1 and %0111"'q t.'0111tr11gill Lon wars undur it nvaialifio duty to nomsialaer All Cunoopt 1,ijisoi npp1,tent ionrs on Yi lu with 1,111i 0itYy of Kattifii, tor, Yfatttnt.u0t;a) ham find 01" (401100I)t 1,01100 filod with tho city of Kunni for nix y©rsre, Rnd tha City ofr. Ronal is urrw fin "I)i5lionrit, for tho sixtsat isauut pfariml, of pro irt.y th4t, hart haul a hiatus appliuritioll On f!ild for long tlU BIx nu)il610. Your as iamitioll that thura3 if; ""w" rolntioniship Hutwooll Mr, tamnmota)' a aismint dinputo with tho (Aty of Kanai nona3ornityj tiro Laaaa yaymento ott l,at J and that ionuon ruvoLviny nra)rtnd Lot d, duaty f3ultuivisiosi, Addition Flo. 1, in tovailly unoupportod in law or by any rules, re jultstion, ntatut:ci or ordination in the tttato Of Alaska. Mr. Yrir amoto daho nothin(i mono than that tho City al)idaar by thu ra quLatia;na and ortUntinusi s 4unpW41 arld that ho oo yivun hia raqui raid dnu pron000 of Low puraiiant to tho ordinanooe adopts d $gas tan Cutiatitutton of tltete of Alankis sind tha tlnitofs €itatosi. Mr. Yasaateoto in adamant th4t tttai City ruvaroo thu pooition na , eutlinod in your tuttorm ilatud April ft nnt! Mny 22, 1904# 1f yots would ruviuw tho rucord, it would Imisim vary obvtoua to yots that tor. Ynirumoto wns,i thu air, ivityl forum bahirid (jotting tho FAA to , role ava that proporty to tho City of ltenni for la3tina3, and that hig Csinuopt, L'ontso is atiLl viablo. Tnu MunitApt►lity'n raoofit troatswrit of fair. Yamamoto ann only bo doacriba d no wsstrumaly sha uby evnssiderinfl tho tima and ufi'ort that lie hua oxpa9ndaial attamptinq to ianoo I,ot 4. if you have any quant,iona or, commont o, pluisoo do riot hooitato to contact istu. Vury trisl.y yours, CUMMt NG0 a, HOUTll, P.C. t t3i�c/ na) Y.na3loAuro ca s Mr. lion •lamisififlti) W e CITY OF KENAI 40d eapda� 4 4"„ 210 FICAL00 KENAI, ALASKA 99611 TIILEPHON9203.7636 July 3, 1904 Mr. Patrick J. Doyle Route 1, Box 1225 Kenai, Alaska 99611 RCs Lease Application - Lot 49 Block 1 Gusty 5ubdivinion Door tor. Doyles The Kenai Advisory Planning & Zoning Commianion reviewed your lease application at their recent messtinq on June 27, 1984. Please be advised that the Commisaion recommended approval of the application, subject to the submiooion of the following informations (1) Site Plan - A more detailed site plan is needed so an accurate record can be filed with the loose agreement. The plan must be drawn La scale, indicate any parking spaces to be provided an the lot and address surface drainage and snow storage or removal plant;. (2) FAA approval in accordance with required Form 7460-1 (attached). Upon receipt of this information, I will schedule your applicatIn" for final conuideratJon by Council. If this material is aubmitted pries' to July 13, the lease request will be included on the Council agonda of July 10. An appraitial of this property tons boon ordered and a copy will be sent to you upon receipt by the City. I anticipate that a lease agreement can bs finalised by the end of the month if the nocuorjary infuratation is ritceived and approved by Council. I can 110 cyntoctrd if you have any further queationa regardinq your application. Sincerely, X ..4 ,.:,t.a"3r,r JL/dq Attachment I 4 ' .. - �dF`-" sits•« n r CITY ill' K NA I P.O. 80X 580 • KENAI, ALASKA • PHONE 283.7631 LEASE APPLICATION Noma of Applicant r��C /r'112 12 Suslneos Name and Addreas i I Kenai Peninaula Borough Sales Tax No, i I (if applicable) State Dusinono License No, (if applicable) Telephony % 7C rPS�S�Z Lot Description Re="e/e gereVe'_ ,.,oT Desired Length of Lease, VZX;dc r J Property to be used for CLIn1 oG� PA C'fA /c>l�S'� Description of Developments (type, construction, size, etc.) � U Attach development {)lan to scale 0 " 50'), showing all buildings 1 planned. Tifne Schedulu for Proj)oaad Development: h Beginning Date fi f Proposed Cornplet tan Data �_cl i ;—A • /.ram 1L7%�'. Estimated Vnlua of Conat rur•,t tan $ 7S7 Dates S igno?d: Oates j '..� /�i �; Z/ Signed: J' 1 0 /` 5 CITY OF KENAI Ud Oa da, of 4"a 2:—i MALGO KENA4 ALASKA 99611 TELEPHONE 283 - 7535 July 3, 1984 Mr. Patrick J. Doyle Route 1, Box 1225 Kenai, Alaska 99611 REs Lease Application - Lot 4, Block 1 Gusty Subdivision Dear Mr. Doyle: The Kenai Advisory Planning & Zoning Commission reviewed your lease application at their recent meeting on June 27, 1984. Please be advised that the Commission recommended approval of the application, subject to the submission of the following information: (1) Site Plan - A more detailed site plan is needed so an accurate record can be filed with the lease agreement. the plan must be drawn to scale, indicate any parking spaces to be provided on the lot and address surface drainage and snow storage or removal plans. (2) FAA approval in accordance with required Form 7460-1 (attached). Upon receipt of this information, I will schedule your application for final consideration by Council. If this material Is submitted prior to July 13, the lease request will be included on the Council ,agenda of July 18. An appraisal of the property has been ordered and a copy will be sent to you upon receipt by the CiLy. I anticipate that a lease agreement can be: finalized by the end of the month if the necessary information is received and approved by Council. I can be contacted if you have any further questions regarding your application. Sincerely, Je ZJL ind .:,e..,ger /dg Attachment N /01 Description of Proporty Lot 4, Gusty Subdivision CONDITIONS OF ACCEPTANCE (Io be completed by the City) Annual rent rate or cost 6% of appraised value Zoned for General Commercial Permits required Building Assessments None Insurance requires; S500,000/$1,000,0O0/S250.000 Construction must begin by Completion date for major construction A-11 THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning C .miss' n Approval: MI By: , Date of Approval f C11.11 rma City Counril Approval: By: , Date of Approval City Clerk 4 J -ii A , A �1 r ,e%. PL) t t'i Zoo• '`/, 6usfy Su bd' sion • :!w 'OUNCTI, APPROVf--4)1( RATIFICATION 8/ 4 NEED C 8 PAYMENTS OVER $1,000.00 WHICH VF.NIX)R DESCRIPTION DEPARTMENT ACCOUNT ARNINT MR APPROVALS Karl Walter & Hopkin Business Serv. Purchase Bar Inventory Equip. Terminal Small Tools 5,(9)0.00 Construction Unlimited Pay get. No. 2 CP-Thompson Pack Sts. Construction 115,865.26 Carmen uiuwix At".. CP-Police Addn. Engineering 11,802.00 Spruce Construction Interest on Retaln4ge CP-Candlelight b Lin. Construction 5,199.39 Zubeck Excavating Final CI' -Evergreen G(onntrimt Itin 46,843.75 Interest on Retainage CP-Evergreen Construction 8,476.37 FOR RATIFICATION: National Bank of Alaska July Federal W/H Various Liability 52,781.48 Alaskan Federal Credit Union July Credit Union W/H Various Liability 15,031.00 ICHA Retirement Corp. July Employee Cont. Various Liability 2,762.00 July Employer Cont. Various Suppl. Retirement 4,092.86 Kenai Peninsula Borough 2nd Quarter Sales Tax Various Sales Tax Liability 9,398.05 Glacier State July Phone Service Various Communications 2,684.78 Alaska Dept. of Labor 2nd Quarter ESC Various ESC 2,416.67 Blue Cross July Medical Insurance Various Health Insurance 17,392.30 First Federal Bank REPO 7/19/84 Central Treasury Central Treasury 1,400,000.00 11,25% Int. j", 1 ----------- -------- RYOUISITIONS OVVR 61,000.00 WHICH MUNG11, AN—NAL R/l/84 niA(;(;OIMT Win. Cooper, MD F.Mg Advinory Fee -11Y84-85 YJ re Prtofeanloml Servirpo 6,()00.00 6 - Moriltor-1 Virif National Fire Protection Annoc. Fire Prevention VAISC4tLOO Fire GporatJng Suppliefs I /' V I'• I 1 aua.vunc _ n _ .. _ _ _1 �uyyrs»abu y: nano 1110) CITY OF KENAI ORDINANCE NO. 959-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.15.040(b) EXPANDING THE BUSINESS AREA THAT SHALL BE FAVORED IN AWARDING COMPETITIVE BIDS. WHEREAS, the City code specifies that under certain circumstances, the City shall favor a person, firm or corporation with offices or branch offices in the City when awarding competitive bids, and WHEREAS, the Council believes that the Central Peninsula area should be considered as a single economic area basod upon contiguous incorporated and unincorporated communities and a common employment base. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 7.15.040(b) is hereby amended as follows: (b) He shall favor a person, firm, or corporation with offices or branch offices in the greater Kenai,:-vir central peninsula, area [CITY] when this can be done without substantial or prohibitive additional cost to the City, but he shall submit requests for quotation to those outside this area [THE CITY] when this may be necessary to secure bids or create competitive conditions, or when he thinks that by so doing he can.make a savings for the City and shall purchase from them when he can make a savings for the City in excess of the amount provided above. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTEST: Janet Whelan, City Clerk TOM WAGONER, MAYOR R First Reading: Auqust 1, 1984 Second Reading: Auqust 15, 1984 Effective Date: September 15, 1984 a. ®1 - - G--4 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 960-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A SPECIAL ASSESSMENT FUND ENTITLED "SPRUCEWOOD GLEN", AND AUTHORIZING APPROPRIATIONS FOR THE PROJECT IN THE AMOUNT OF $227 ,000. WHEREAS, the City has been petitioned to establish an assessment district in Sprucewood Glen subdivision for street improvements, water and sewer mains, storm drains, and off-street parking facilities, 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 in Sprucewood be established. A - Section 2s Appropriation, on a project basis, be author ze , ss follows: S rucewood Glen m n s cation $ 1,000 Engineering 12,000 Inspection 15,000 Construction 179,000 Contingency $$ SZZ7.UUU 0 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTEST: Janet Whelan, City er Approved by Finance: &a TOM WAGONER, MAYOR First Reading: August 1, 1984 Second Readings August 15, 1984 Effective Date: August 15, 1984 ORIGINAL SPRUCEWOOD GLEN SUBDIVISION PRELIMINARY ASSESSMENT ROLL (With off—street Parking) PREPARED JULY 12, 1984 Estimated Lot Owner Assessment City Greenbelt City of Kenai $ 33,901 Tract E City of Kenai* 46,853 Tract D City of Kenai* 12,558 Tract Y Ed Lowry 26,327 Blk 1, Lt 1 Ed Lowry 7,204 so Lt 2 Ed Lowry 10,408 to Lt 3 Tommy Partee 11,425 to Lt 4 Tommy Partee 10,996 Lt 5 Tommy Partee 10,143 Lt 6 Ed Lowry 1,695 Blk 2, Lt 6 Ed Lowry 13,641 to Lt 7 Ed Lowry 9,766 of Lt 8 Ed Lowry 9,712 " Lt 9 Ed Lowry 10,728 to Lt 10 Ed Lowry _ 11,643 227,000 +� Proposed to be purchased by Schilling and Tyler. .i A J 4 SPRUCEWOOD GLEN SUBDIVISION PRELIMINARY ASSESSMENT ROLL (Without off-street Parking) PREPARED JULY 12, 1984 Estimated Lot Owner Assessment City Greenbelt City of Kenai $ 33,901 Tract E City of Kenai* 46,853 Tract D City of Kenai* 12,558 Tract F Ed Lowry 26,327 Blk 1, Lt 1 Ed Lowry 7,204 so Lt 2 Ed Lowry 5,033 to Lt 3 To Partee 6,050 is Lt 4 Tommy Partee 5,621 to Lt 5 Tommy Partee 4,768 is Lt 6 Ed Lowry 1,695 Blk 2, Lt 6 Ed Lowry 13,641 to Lt 7 Ed Lowry 4,391 of Lt 8 Ed Lowry 4,337 " Lt 9 Ed Lowry 5,353 Lt 10 Ed Lowry 6,2268 18���.000 * Proposed to be purchased by Schilling and Tyler. � r v Suggested by: P & Z Commission CITY OF KENAI ORDINANCE NO. 961-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-ENACTING KMC 14.20.220 REGARDING SIGNS AND ADVERTISING DEVICES. WHEREAS, the City of Kenai currently regulates signs and ad- vertising devices as governed by the Kenai Zoning Code, and WHEREAS, the existing sign code section has not been amended for several years, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has spent considerable time and effort to revise the sign code ordinance and address certain deficiencies, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has conducted public hearings on the proposed sign code on June 13, June 27, and July 25, 1984, and WHEREAS, the Kenai Advisory Planning & Zoning Commission adopted Resolution PZ 84-69, recommending adoption of this sign code by the Kenai City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: KMC 14.20.220 is hereby repealed and re-enacted to read as attached. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTEST: Janet Whelan, City Clerk TOM WAGONER, MAYOR First Reading: August 1, 1984 Second Reading: August 15, 1984 Effective Date: September 15, 1984 /' 14.20.220 Signs and Advertising Devices: (a) General R _ Qa t Y1_ I�1�GIIIQtib tf i 1 A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure. Construction and erection of signs shall be in accordance with this chapter, and with the Uniform Sign Code. (2) When a building permit is obtained for the construction of a building, signs for that building which conform to this code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be as follows: Home occupation signs. . . . . . . . $ 5.00 Portable signs . . . . . . . . . . . 5.00 Pennant signs . . . . . . . . . . . 5.00 Electrical signs . . . . . . . . . . 40.00 All other signs. . . . 25.00 (3) Signs permitted under this section shall advertise only the business or activity being conducted on the immediate premises. The City of Kenai may erect information signs as they deem necessary. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e). (5) If any of the provisions of this code hereby adopted conflict with the Uniform Sign Code adopted by reference, the provisions of this code will prevail. �- (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of any irregularly shaped or unusual signs. The Building Official shall classify all signs. (8) Existing signs for which no permit was obtained: When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs conforming within 30 days from the date of such notice. (9) All signs except temporary signs shall be designed according to the Uniform Sign Code. (10) Relief from any of the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (b) Prohibited Signs: (1) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. (2) No sign other than public signs shall be placed within 20 feet of any intersection as measured from the nearest intersection of street right-of-way lines. c„ n (3) Flashing signs or intermittent illumination are not permitted except time and temperature, automatic changing message signs and traditional holiday decorations. Only that part of time and temperature and changing message signs which contain advertising will be considered as part of allowable sign area. (4) Audio signs are not permitted in any zone. (S) The use of immoral or indecent word or words, a drawing or drawings, and animated signs are prohibited. (6) Beacon signs are prohibited. (7) Bench signs are prohibited. (8) No electrical equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of any sign. (9) Unauthorized signs in any right-of-way or on City property may be removed by the City and disposed of. (10) Signs not mentioned in this code are prohibited. (11) No sign, except roof signs, shall be higher than 16 feet above the adjacent ground or pavement level. No roof sign shall be higher than eight feet above the roof on which it is placed. (12) Portable changeable letter electric or non -electric signs except as provided for in KMC 14.20.220(e)(3). (c) Signs Not Requiring a Permits (1) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right- of-way or another lot are exempt from this code. (2) Political signs may be displayed in any zone except conservation without permit but must comply with the regulations of this code except KMC 14.20.220(a)(3). No political sign may be displayed until such candidate has qualified to be listed on the ballot for the next primary, general, state, borough, municipal, or special election. No political sign may be displayed until such ballot proposition or bonding proposition has been qualified to be listed on the ballot for the next primary, general, borough, municipal, or special election. When such election is over, all political signs shall be removed within two weeks from the date of such election. (3) Construction signs: During construction, repair, or alteration of a structure, temporary signs which denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be 32 square feet or less in size and no more than one such sign shall be permitted for each architect, engineer, contractor, builder or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. /` (4) Public safety signs exclusively relating to the safety of the public (e.g., "no parking today", "use covered walkway", "do not enter", "danger", "loading zone") may be .. aut;eiCu dy ser,Cuesu Dui Nuuiit; trairri,y. ia'ai i it; aiyiia may be erected by any governmental agency. (5) Real estate signs: One sign not exceeding five square feet advertising only the sale, rental, or lease of the building or premises on which it is maintained. (6) Signs within a building. (7) Temporary signs of not more than five square feet may be displayed in any zone except conservation for one week but must comply with other pertinent regulations of this code except KMC 14.20.220(a)(3). Signs advertising sales, such as "garage", "moving", "yard", "house" or "lemonade" may be displayed under this section and must have the name, address and telephone number of person conducting such sale and must be dated. (B) No permit is required for copy changes on a conforming bulletin board or marquee, for maintenance where no structural changes are made or for copy changes on signs using inter- changeable letters and numbers. (9) A flag or insignia of any nation, organization of - nations, state, borough, city, religious, civic, fraternal organization, or educational institution except such flags used in connection with a commercial promotion or as an advertising device. (10) Traditional holiday decorations. (11) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. W Signs Permitted in Residential Zones: (1) Signs identifying home occupations: One sign per use not exceeding four square feet in area. Such sign shall be no closer than ten feet to any property line or shall be flat against the building. No lighting is permitted. (2) Bulletin boards: Bulletin boards used to display announcements of meetings to be held on the premises on which such boards are located shall be permitted for churches, schools, community centers, and public, charitable, F' or institutional uses. Unless otherwise permitted in the 'i zone, such signs shall contain no more than 32 square feet in area. Such signs may be used as wall signs; may be used i as ground signs when located a minimum of ten feet from the street lot line; may be indirectly illuminated; and one such s sign shall be permitted for each street frontage. (3) Signs identifying other permitted and conditional uses: One sign per use not to exceed 32 square feet in area for the purpose of identifying multi -family dwellings, clubs, professional offices, and other similar uses. Such sign shall be no closer than ten feet to any property line or `' shall be flat against the building. I' (4) Signs for nonconforming uses: A legal nonconforming use in a residential zone may have one sign per property, unlighted, and no larger than 20 square feet in area. Such signs shall be flat against the building or shall be located no closer than ten feet to any property line. (5) Real estate signs of more than five square feet: Real estate signs advertising the sale or lease of two acres or more, or five or more contiguous lots may be combined into one sign of not more than 32 square feet. The display of such signs shall be limited to a period of two years. Prior to the expiration thereof the applicant may request an extension of not more than one year from the Commission. The sign shall be removed prior to the expiration of the two year period or extension thereof or sale of the property. If the sign has not been removed the City may enter upon the premises upon which the sign is located and remove such sign at no liability to the City. A permanent subdivision sign may be placed at one entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed 32 square feet. Any illumination shall be by indirect means. (e) Signs Permitted in Commercial and Industrial Zones: (1) All signs permitted by this code, provided that the square footage of all signs other than wall, marquee, and roof signs shall not exceed a total of 64 square feet per business. Where there is more than one business on a premises, a combined sign for all businesses on that premises shall not exceed 128 square feet. (2) Signs may rotate, but must not exceed the square footage set out above. (3) Portable changeable letter electric signs may be displayed for not more than one week and must comply with all requirements of this code and the National Electrical Code. When such sign is removed, it may not be returned to that site within one year. (4) Fence signs shall be mounted in a plane parallel to the fence or wall and shall not extend above the top of the fence or wall. (5) Signs projecting beyond the property line may be no closer than 12 inches from the curb line or street, and must be at least eight feet above the finished sidewalk or grade. (6) Pennant signs shall not exceed eight square feet for each pennant nor 16 square feet total per lot. (7) Real estate signs larger than five square feet shall conform to all of the requirements of this code. (f) Signs Permitted in the Conservation Zone: (1) No sign shall be permitted in a conservation zone except signs erected by the City of Kenai. 4 a (g) Specific Definitions Pertaining to Signs: (1) Audio sign is a sign that emits a noise or sound, either spoken words, music. or sinning. (2) Beacon sign is a light with one or more beams capable of being directed in any direction or directions or capable of being revolved. (3) Bench sign is any sign painted on or attached to a seat, chair, or bench, any of which are visible to the public. (4) Combination sign is a sign incorporating any com- bination of the features of pole, projecting, and roof signs. (5) Curb line is the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (6) Display surface is the area made available by the sign strut ure For the purpose of displaying the advertising message. (7) Electric sign is any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (8) Fence sign is a sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (9) Fin sign is a sign which is supported wholly by a building or partly by poles and partly by a building. (10) Ground sign is a sign which is supported by one or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this code. (11) Legal setback line is a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. (12) Marquee is a permanent weatherproof structure attached to and supported by a building and projecting from the wall of the building. (13) Pennant sign is a sign constructed of flexible material, such as cloth, which moves upon being subjected to pressure by the wind. (14) P�ole�si nn is a sign wholly supported by a sign structure in the ground. (15) Political sign is a sign promoting a candidate for political office or promoting or opposing a ballot proposition. (16) Portable display surface is a display surface tem- porarily fixed to a standardized advertising structure which is regularly moved from structure to structure at periodic intervals. (17) Portable sign is a sign that is not attached to any building or structure. It may readily be picked up and moved from one location to another. It may be with or without its own wheels. It may or may not be lighted. S ;1 (16) Projecting sign is a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. (19) Real Estate sign is a sign advertising the sale, lease or rent of one or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. (20) _R_o_o_fs_ipnn is a sign erected upon or above a roof or parapet of a -wilding or structure. (21) Sign means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (22) Sign structure is a structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (23) Temporary sign is any sign; banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed for a limited period of time only. (24) Wall sign is any sign attached to, painted on, or ,- erects against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. 6 CITY OF KENAI eapdoal of 416d"" 210 FIOALOO KENAI, ALASKA 99811 TELEPHONE 283. MIS ME MO TOs Honorable Mayor 6 Members of City Council FROMs Jeff Labahn, Land Manager RE: Sign Code Ordinances (955-84 do 961-84) DATES July 27, 1984 Ordinance 955-84 proposes to amend the existing sign code regulations by prohibiting flashing, intermittent illuminated, and portable signs, except under certain conditions. All other provisions of the current "Signs and Advertising Devices" section of the Kenai Zoning Code would be retained. Ordinance 961-84, listed on the consent agenda under new business, is suggested by the Planning & Zoning Commission. This ordinance recommends the adoption of an entirely revised sign code intended to replace the existing regulations. The proposed "Signs and Advertising Devices" section encompasses the amend- ments contained in Ordinance 955-84 as well as other changes proposed by the Commission. I recommend that the Council consider Ordinance 961-84 prior to enacting Ordinance 955-84 to avoid a "piecemeal" revision of the sign code regulations. a r� CITY OF KENAI KENAI ADVISORY PLANNING b ZONING COMMISSION RESOLUTION PZ84-69 A RESOLUTION OF THE KENAI ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, RECOMMENDING THE ADOPTION OF A REVISED SIGN AND ADVERTISING DEVICES ORDINANCE. WHEREAS, the Commission finds that the existing Signs and Advertising Devices section of the Kenai Zoning Code is inadequate in many regards, and WHEREAS, the Commission has spent considerable time and effort towards revising this section of the Kenai Zoning Code to correct these deficiencies, and WHEREAS, The Commission is particularly concerned with the proliferation of portable and flashing signs and their impact upon safety and aesthetics, and WHEREAS, the Commission has recommended stricter regulations governing the use of these signs, and WHEREAS, the Commission has also recommended the relaxation of other requirements in this section, and WHEREAS, the Commission has conducted several public hearings regarding the proposed Signs and Advertising Devices ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE KENAI ADVISORY PLANNING & ZONING COMMISSION that the Signs and Advertising Devices Ordinance be recommended to and duly adopted by the Kenai City Council as an amendment to the Kenai Zoning Code. PASSED BY THE ADVISORY PLANNING b ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this day of Lee Lewis. Chairman ATTEST: C,r*t Loper, Pla n ng Secretary J /' 0 Suggested by P & Z Commission CITY OF KENAI ORDINANCE NO. 962-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOTS 1-29, LAWTON ACRES SUBDIVISION TO CONSERVATION (C) DISTRICT. �--1 WHEREAS, KMC 14.20.270-280 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, a petition to rezone Lots 1-24, Lawton Acres Subdivision to Conservation (C) District was initiated by the Kenai Advisory Planning & Zoning Commission, and WHEREAS, the Commission conducted a public hearing on this petition on July 25, 1984, and approximately one dozen persons testified at this public hearing, and WHEREAS, a substantial majority of the persons testifying desired , to rezone the entirety of Lawton Acres Subdivision to Conservation District, and j q WHEREAS, the Commission recommended approval of the rezoning of Lots 1-290 Lawton Acres Subdivision to Conservation District in accordance with Resolution PZ84-67. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Official zoning Map of the City of Kenai shall be amended as followss /7`�, Section 1s Lots 1-29, Lawton Acres Subdivision are hereby rezor,ed to Conservation (C) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTESrs Janet Whelan, City Clerk TOM WAGONER, MAYOR First Reading: August 1, 1984 Second Reading: August 15, 1984 Effective Date: September 15, 1984 CITY OF KENAI KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ Szl --& 7 r. A RESOLUTION OF THE ADVISORY PI.ANNINT; & ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL (DENIAL) OF THE REQUESTED REZONING SUBMITTED BY: FOR .Z.Ji/y�� applicant Legal Description WHEREAS, the Commission finds the following: //�J 1. The subject property is currently zoned {�,�, Aayo 2. The proposed zoning of the subject property is���.`Q,./ 3. Amendment to the Land Use Plan is (UNNECESSARY) 4. An appropriate public hearing as required has been conducted by the Commission on Zy. 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission af City of Kenai that the petitioned rezoning is. hereby ECOMMENDED (NOT RECOMMENDED) to the Kenai Gam`' C,arA44Z PASSED by the Advisory Planning & Zoning Comm,,L#sion of the City of Kenai,Alaska, this �2 -V-x day of 19f'4 Chairman ATTESTS Planning sedretary 10/83 f� -..,., Al..... W, .. .11.1 , , --- '] --7 CITY OF KENAI ,� "Dd ea ddl 4 14„ 210FIOAL40 KBNAI,ALABKA 00611 79LOPHOME 263.7635 MEM0RANDUM TOs Kenai City Council FROMs Jeff Labahn, Land Manager SUBJECTS Lease Applications Lots 9-11, Block 1, FBO S/D - General Aviation Facilities - Parker & Black DATES July 26. 1984 The referenced lease application was postponed by the Commission at their meeting of June 27th pending additional information from the applicant and review by administration. The Airport Managers, applicant, and myself met on July 24th to discuss alternative development proposals and to conform the details of the lease proposal. Staff recommends approval of the submitted lease application, subject to the modifications and conditions as noted belows 1. Detailed statement regarding the proposed uses for each building and anticipated aircraft to be accomodated. 2. Initiation and completion dates to be October 1, 1984 and October 1, 1985 respectively. ThW development schedule to include Buildings "A" and "B" 3. Clarification of intent of future Building "C" as to Ol and #2 above 4. Term of lease to be 50 years 5. Reorientation of Building "A" to be sited exclusively on Lot 9 6. Parking areas to be paved and developed in accordance with Kenai Zoning Code parking requirements 7. Delete storm sewer. Drainage to be engineered. JBLsjl f 1. 1 Deto Coival Ui�/;�,��� ��� -, 1 CITY 0I � I� h NA I P,O. BOX 900 Kf NAI, AIASKA PHONE 283,7536 C�imo, �'vv� ;Loca r ` r'�., !iei t.•6:�E er�t _� nn> uru aAd,t�iC laf i.CASE APPI. ICAT 10N Nome of 1pt� liaf�nt trihn c', r'urkor t crrtirt ►t, tsi►c;K. �'rtrtnarst Add ritaii M Box 11.17, Konrtf, Aluu rt nnf,ll M 1lu+fin,��tn Namu and Addrnst•s �Johtt C. Parker t; r©rald 1)/ l�lnck, )jr►rt otr� 110 PoN I117 Kenrt�,-- Kenai Panin-►ula l;rtr,.tur)h 5.11 to Trt,c No. 1NJA (if applicable) State [Iuoiisoan l iconuo No N/�j,____� ------- - - (if applicablo)) - Telephone 283.7723 Lot Dottoription i,atq 2.1n.11 Bloc% 1. VW) Suhctiy !lion Oeoired Length of Loane In to Sn vrs Property to bn used for coral Aviation and sunnort facilitios I Oel;criptien of Dovolopmersto (type, con0tructicsn, nizo, utc.) f , tVooct Trratno structures on concrete giah t'oundttti©na/ Au»haltic cmg esrkitist_ areas. - -- Attaa11 sit) v0710P'fill nt P inn to nr♦1)103 (1" = 5f1') , fit' owin(I al 1 bui lAinna P l anrtrrf . Timsr Liahrrd1:14) for Propound Onvi11opm,rnt tfoac;trip►nri Onto 9/94 ) � `, i Prr)pn'ltict romplation Dato 618S Est i1n.,ty-11 V,►lfrn of Cmiltr,►r.ti,sn T 1St1•nnntnr+ .......'e - Datu s , ►r;nerd: ' 1 t,! ♦f A f lillli.l)lNli iNVORMAIMN f)ff r, rl r rrr:•..r rr r.rrr, .i rr •, rr rr,t •r. . •rr r•rr•••1 Ir Cowl f;I,of" I.lof) Wifffl'lrllcl �wooll rlramlftit Hli1 1)ut1111111.1 Rtr;,) �Q���.ri'111ll�-;3�'�4�'��,����'��,��1-rt �� , ►us �t� utitl�; ��nrr�te pnvir� n��rayntQ Ilt�oris;, at►tl �pl,oulul voyer in larulfseatred araas;, T1410 1�1'rh711°lli iNr)Ill,li (jf: A!i CgtiPt,k: (k; AC{ Pq:i:if fll.t; i ' I I sif�f f ! r rf {►ofv'sl"tll du •w t11'1 is itrl, fill (r+r4, rtt t riell to th t It a{f{�fr•:'ll trrn nrt,f ,4l�sr rclrtrrl Lcttrf {rrrfl•f, rtl ltnfl !n �uncst cf.r�:l �ffn Inat.tcialcs off); f Ou,sar►ut. tan nt' fci�llrrty Lott 9, 10 and 11, FBO Subdivision CONDITION; Of ACCEPTANCE To b#t COMP letud by tha City) 11, Annual rent rato or cimt 6% of fair market value Zoned for Light Induatrial Pnrmitz roquired Building Aacess.finentn Nona Insur-mce rollusrod $500,000/$1,000,000/$250,000 Convtruction moot borlin by 10/1/84 Completinn date for mnjor construction 6/85 THIS APPLICATION WILL BE MADE A PART Of THE LEASE Plstnnlnrl C`oivl1. pprr)vaIs aYs c-:�-z _-�_ , t);it r, of Apf!rnva1 7/.26Ls4_� -1I1st r mill City C'mmisil Al)l)rr)vais fiys C ...__, O;►:t! off Approval lty 1,►urs 4 - - i AL 'p Ida July 27, 1984 9 •r CITY OF KENAI y W V �/ • • wrr�.w 210 FIOAL00 KENAI, ALASKA 61611 TELEPHONE 263-MIS Us Mayor and Council of the City of Kenai FROMs Jack Le Shot, City Engineer ,' SUBJECTs M.A.P. Project - Water & Sewer Engineering Proposal McLane & Associates As requeeted, I have received and reviewed the attached proposal for additional engineering on the referenced project. Adding water and sewer to this project would increase the construction budget by more than 2 1/2 times. Based upon this and design work already accomplished, I feel that the stipulated fee ($419500) is reasonable. The original street design fee plus Magic Street design fee totals $36,650. JL/jet J 1 1 ro e e �Jna�AsL IATNSS INC. Pii0i�88fONN ENQMUEEi®, StJNVEYOM 8 PLAINEFS July 27, 1984 Mr. Keith Kornelia, Director Public Works Department City of Kenai 210 Fidalgo Kenai, AK 99611 REs M.A.Y. PROJECT WATER AND SANITARY SEWER DESIGN Dear Keiths In response to our phone conversations concerning the subject project, tho following is our estimate of costs for incorporating the design of water and sanitary sewer into the present street design project. Field Surveys (additional) 4,200.00 Soils Investigation 1,500.00 Preliminary Design 19,550.00 Final Design 8,400.00 Update Original Street Design 5,350.00 (completed March 1984) Miss. Duplicating/8lualine, etc. 2,500.00 Total Not to Exceed Fee $41,500.00 Enclosed is an updated fee schedule that all billings will be based on. The original contract of January 1983 was based on our past fee schedule (currant at that time). Therefore, I am requesting that this fee schedule be an addendum to thin contract with this additional work. It is noted that the originalproject was surveyed in February 1983. We will need to update those changes in the area since then so some additional field surveying and soils will be required. My latter of March 16, 1984, is still consistent in content and recom- mandations. It is noted the cost for the foregoing work was stated at $39,100.00. However, since this project has been completed in stages, and over four (4) months have passed since this estimate, some minor increases in cost are encountered. With respect to time frame for this additional work, we propose to Initiate work in September. Following is the projected time schedule. P.O.60X 488 8OL00TNA, AK ®A888 B07-283-4218 M.A.P. Project Water and Sanitary Sewer Design Page Z Proliminary Design September 1-December 1, 1984 Review December 1-January 1, 1985 Final Design January 1-February 1, 1985 Advertise for Aide February 15, 1985 Should you have any questions, please contact me. Sincerely, f0pou'Aba. Bruce C. Robson, Y.E. BR/le Attachments i,LL : a :/i / Y Y o6A ■ B► A660CIAYB9s INC. 88:ONAL BVtiINEEi�, SURVEVOM A PLANNERS 4 1 1 1w G� ; 4' March 16, 1984 t p i 3/ Mr. Keith Kornelis, Director A Y Dept. of Public Works ✓o�J City of Kenai, Alaska +; 04 X yl,w0 s RE: Princess, Cinderella, McCollum, Aliak, N. Linwood & Fox Dear Keith; On March 9, 1984, you requested additional design cost information and preliminary construction cost information for the following: 1) Magic Street Improvements 2) Area wide water and sanitary sewer improvements (Princess St. et.al.) Attached are three estimates of project costs, and outlined as follows: A) Water and Sanitary Sewer Improvements (only) B) Magic Street Improvements (only) C) Combined Roads, Water and Sewer Improvements These foregoing budgets are proposed with core work to be accomplished and certain portions designated as additive alternates. The combined project is broken down and consists of: BASIC PROJECT Street Improvements Princess Road, water and sewer Cinderella Road, water and sewer McCollum Road, water and sewer Aliak Road, water and sewer (1) West Magic Road, water and sewer 11. Linwood Road only Fox Street Road only P.O. BOX 46B SOL.00TNA. AK 99BB9 907-283-421 A / ) ADDITIVE ALTERNATES Street Improvements Fox Street Water and sewer (2) Last Magic Road, water and sewer (1) West Magic is from Princess St. to Cinderella. (2) East Magic is from Cinderella to McCollum. It is noted that presently, final plans and specifications are complete for the original road improvement project. Now to in- clude water and sewer in this area, main lines will be necessary to be installed in either the west or east portion of Magic St. to service Cinderella. This being the case, inclusion of the road work for that portion of Magic is recommended. With respect to road improvements in Magic St. drainage is the most critical aspect of design and proper maintenance of the road. It is recommended that all drainage be directed to the west. Due to the general low topography surrounding Magic and Cinderella, a closed drainage facility will be required in the western portion of Magic St. This requirement, therefore, sensibly rates western Magic higher than the eastern portion of Magic. With respect to our additional design costs, these estimated amounts are noted in the project budgets as attached. Costs noted are those above and beyond the present contracted amount for the work completed to date. Since the entire scope of work will be altered with consideration for upgrade of Magic Street, I feel the City should reconsider our original report and recommendations made in our preliminary design report of April, 1983. Sincerely, ��ksPFt— Vice President Attachments (5) M / A) Preliminary Estimate of Project Cost i water 6 sanitary sewer improvements (only) Princess, Cinderella, McCollum, Aliak and Fox Basic Improvements Water Sanitary Sewer Princess St. 1900, 1900, Cinderella Ln. 1200' 1300' McCollum Dr. 1400' 930' Aliak Dr. 1500' 1160' Magic St. (west half) 1320' 1320' -- Basic Total 732-0 6610' Additive Alternates Fox Ave. 660' 660' Magic (east half) 1320' 1320' ' 1980' 1980' ' Notes N. Linwood Lane presently has water and sanitary sewer and is not recommended for inclusion unless existing facilities are in unusable condition. Basic Improvements Water main 7320 l.f. @ $45/lf $329,400 Sewer main 6610 l.f. @ $45/lf 297,450 ° Lift station 401000 Construction total a 666,850 Engineering 30,000 Construction surveying a 20,000 Construction inspection M 45,000 Contingency (10Z) M 63,150 Total (rounded) a $825,000 i Additive Alternates a ! Water improvements --- 1980 l.f. @ $45/lf 89,100 Sewer improvements - 1980 l.f. @ $45/If $9,100 Construction total Engineering Construction aurveying Construction inspection Contingency (10%) Total Total Baoic L Alternate - .,♦ r t I r.v rrn-. •.• . .. ,wf. .r I •I/.. ., r[h �F r-rrFr -nrv�• ww.n�--A.Y-="*r +� -.-1 ,_ _� -_ __.jam_. ■ 178.200 ■ 9,000 ■ 5,000 ■ 10,000 ■ 18 0000 ■ $1,045,200 I i I ' IrM I ti n� u..,.4.. dewpor !Ti tgr, N.V.) frond Tmnravoments (onlv) -- Conatruction 2640 l.f. @ $40/lf $105,600 Drainage Facility 1320 l.f. @ $35/lf 46,200 Conatruction total 151,800 Engineering Design o 9,100 Construction Surveys 7,600 Construction Inspection 12,100 Contingency (102) 15 200 H ,UOU G r r-r.-n ,-r F. ,.". r. . , n . .... ,..- . . . CombIned Rends, Wnt_er 1, lewor 1mprnvomPnrn Basic Pro)oct Road Construction (Design complete) 377,5C0 7550 0 50/lf Water Improvements (Basic) 329,400 Sewer Improvements (Basic) 337,450 W. Magic Street Improvements 99 000 Construction Total ; ,I1 43,35U Engineering Design (additional) 39,100 Construction Surveys 60,000 Conat. Mgt., Inspection b testing 102,100 Contingency (10%) 114,300 Basic Subtotal Additive Alternates Water Improvements (Fox St. b E. Magic 89,100 Sower Improvementu (Fox St. b E. Magic) 89,100 E. Magic St. improvements 52,800 Construction Total 231,000 Engineering Design 11,500 Construction Survey 81900 Construction Inspection 16,000 Contingency (10%) 230100 Additive Subtotal 290,500 Total $1,749,250 J .r carmen vdncent gintoji, arcN:ilect i pox 4625 professional building suite 110 Kenai, alaska 99611 907 283.7732 July 13, 1984 City of Kenai i 210 Fidalgo Kenai, Alaska 99611 Attention: Keith Kornelis Re: Kenai Community Center Design Consortium Proposal Dear Keith: , Pursuant to our contract negotiations of July 12, 1984 and today we are able to reduce the fee by the following amounts: 1 Soil Investigation: Reduce drilling from 12 holes to six holes. - $3,500.00 1 Architectural: We will reduce our N.T.E. by 10% - $9,000.00 Structural: Mr. Nelson will reduce his fee by 10110 - $3,600.00 Mechanical: Mr. Hansen will reduce his fee by 10°S-$1,840.00 Total Reduction $17,948.00 Revised N.T.E. Design Fee $172,942.00 We hope you will find these reductions acceptable; should you have additional questions, please call me. Sincerely, ✓/ion,/J gv•4rd �/%2 9y2 t i carmen vincent gintoll, architect � • ✓/ •.+� Carmen V. G {n t01, •� fo✓ iw tcri or !! cvcisk p�4 copy: 'r;m. A. Kluge Z Associates (� McLane $Associates Bill ";elson Jan Hansen i 1 ' I � 1 I C-10 „CITY OF KENAI1 „ 210 FIDALGO KENAI, ALASKA 90611 - - - TELEPHONE 283. 7535 July 27, 1984 TOs Mayor and Council of the City of Kenai FROMs Jack LaShot, City Engineer SUBJECTS Inspection and Surveying Lake, Marine, Granite Point, FBO, Main Street Loop As you may know, the referenced project will bid on August 14. We now need to secure project management and surveying. Wm. J. Nelson & Associates, who also designed most of this project, has submitted a proposal to provide these services. J The total anticipated budget would be $112,660, which I expect to be about 12 to 14 percent of construction. Typically, depending on size and complexity, this type of project has been running between 9 to 17 percent of construction for these services. I feel Mr. Nelson's proposal is based upon reasonable assumptions and is in the range I would expect. i JL/jet �f 1 / 1 f' i 7 j S 9 A 'iJ .- 1.. ,..,:,". 7 W�ff 1 lnlcnrs /�! f1cc.�i►:.��i�c CONSULTINGENGINEEft # • • • u v 16 wvt t `!� •JJVtri\.IiR:J STRUCTURAL / CIVIL / PLANNING KENA►. ALASKA 99811 255 WILLOW STREET 19071283-3683 �y July 26, 1984 Keith Kornelis Public Works Director City of Kenai P.O. Box 580 Kenai, Alaska 99611 REs LAKE, MARINE, GRANITE POINT, FBO, MAIN STREET LOOP Inspection & Surv_e,vina Dear Mr. Korneliss In response to your request for d proposal to provide inspection ser- vices on the above project, we are pleased to submit the following information for your review. We propose to provide construction management, inspection and survey- ing services according to our standard hourly fee schedule. We assume that the entire project will be constructed and that the Contractor will complete the projoct within the 120 day time limit as stated in the con- tract. We do realize, however, that the Contractor will probably shut down the project during the winter months and will finish the project during Spring 1985. Based on our knowledge of the project and our assumption regarding the Contractor's activities, we have prepared an estimated project budget as followss CONSTRUCTION MANAGEMENT 120 calendar days = 100 work days PRINCIPAL ENGINEERS Administration 50 Hrs X 65.00/Hr 3250.00 INSPECTORS 100 days X (Slirs @ 50/Hr+2Hrs @ 61.50/Hr) 52,300.00 5 days X (Stirs @ 50/Hr) 2,000.00 ENGINEERING TECHNICIANS 10 days X 8 HRS @ 35/Hr. 137"15%49 2 DRAFTING. ,toe, o O CNQ 5 days X 8 Hrs @ 35/Hr. 1,400.00 iri�ifiir�irt • �a- �aa�:��,�-.4_-- -- _'��/c-��r,,,��: 17 'Lake; Marino, Granite Point, FBO, Main Street Loop r--r--..l �� A...... -.. j..� iuOLow$.6.L b 6Ju46 VkJY LISy - rL4Jj.?U*d I PAGE 2 f SECRETARIALs 100 days X � fir @ 25/11r. 1250.00 VEHICLES 100 days X 40/day 4000.00 REIMBURSABLESs Laboratory tooting, film, photocopios, otc. 6500.00 SUB TOTAL FOR CONSTRUCTION MANAGEMENTS $U+p 73,too.00 �tsQ SURVEYING Lake and Marine Streets 10560.00 Granite Point Court & Street 10780.00 F80 Street 5280.00 Main Street Loop 12540.00 SUB TOTAL FOR SURVEYINGs 39,160.00 TOTAL ESTIMATED BUDGETS i I/2 660.0o We have attached a copy of our rate schedule for your review. If you pqQ have any questions regarding this proposal please; contact me at 283-3583. Sincerely, WM. J. NELSON & ASSOCIATES Wm. P.Nelson, P.E. Principal WJNlbsg I Enclosures :n 1 t� M„ f- /0 pp CONGULTINO W40INkE1aa Wm. it Nplson & Assncinfps QTr!WCT, ,!IA, 1- .`vi w +i �w PIC. Box ISao KENAI, ALASKA 80811 PUb WILLOW GTREET V(807j 283-33©3 FEE SCHEDULE Effective June 1, 1984 ENGINEERING/INSPECTI_ON PERSONNEL Principal/Engineer Engineer II Engineer I Construction Inspector Engineering Technician Draftsperson Clerical DIRECT PROJECT EXPENSES Cost Plus 108F- Equipments SURVEY PERSONNEL Regular Time Over Time $65.00 per hr 55,00 per hr 50.00 per hr 50.00 per hr 40.00 per hr 35.00 per hr 25.00 per hr $85.00 per hr 63.00 per hr 61.50 per hr 61.50 per hr 49.00 per hr 43.00 per hr 31.00 per hr Vehicle $40.00 per day plus 500 per mi. (First 25 mi. included in daily charge) HP-86B Computer System $15.00 per hour Principal/Registered Land Surveyor $71.50 per hr $85.00 per hr Chief of Parties 66.00 per hr 77.00 per hr Technician 49.50 per hr 55.00 per hr Draftsperson 44.00 per hr 49.50 per hr Clerical 33.00 per hr 38.50 per hr SURVEY CREWS 2-momber Field Crew $126.50 per hr $151.00 per hr 3-momber Field Crew 176.00 per hr 220.00 per hr Additional Personnel (Each) 60.50 per hr 71.50 per hr Electronic Measuring Equipment $55.00 per day (When applicable) Time is billed "portal to portal" - i.e., billable time for a Field Crew begins when they leave the office and ends upon their return. Survey Crew charge is based on "Title 360 as per recent Attorney General's opinion concerning publicly funded projects. /r KENAI PLANNING h ZONING COMMISSION June 27, 1904 Kenai City Hall I Lee Lewis, Chairman 1. ROLL CALL Presents Lewis, Bryson, Oleson, Osborne, Smalley, and Zubeck Absents Carrignan, excused NOTES Commissioner Bryson absent for first part of meeting. 2. AGENDA APPROVAL Agenda approved with no additions or deletions 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Rezones Lot 1&2, Walkowski-Deland S/D, Sec 4, T5N, R11W, S.M. from RR, RS, and C to Heavy Industrial Jeff Labahn explained that there are 2 lots involved which span the 3 zones indicated. The step to rezone to IH is logical as it conforms to parcels which border Beaver Loop Rd and also makes the 2 lots one zone. Chairman Lewis opened the hearing to the public. Mr. Wade Morgan, property owner adjacent to the land to be rezoned came forward to state that he is opposed to the rezoning. Mr. Morgan purchased his property for the view at a price which ensured an unobstructed view, and the rezoning, particularly an industrial zone would indicate a loss of that view and property value. Mr. Morgan asks that a way be worked out to alleviate the problem. Mr. Will Jahrig came forward. Mr. Jahrig is the proposed property owner and understands the concerns of adjacent property owners and further stated that he will be the first person to protect conservation and the view for those owners. Mr. Jahrig stated that he does not intend to put in something that will be obnoxious such as a cannery. Currently Mr. Jahrig lives in Old Town and keeps his equipment in his yard and would like to bring that equipment to a zone and area which is more geared to industrial development which Beaver Loop is. There is a natural buffer in the bluff between the residences and his proposed use of the property. The property comes to a point below the bluff and will not be used plus there will be no high buildings.. Currently, 3 wheelers and 4x4's are tearing up the - a. , .. ..... I- , . rm PLANNING COMMISSION 7sma 17 14Rh Page 2 property making it an eyesore. Mr. Jahrig explained that a creek runs alongside the property and will construct a small ditch for runoff to get the property developed. Chairman Lewis asked about the trees on the property. Mr. Jahrig explained that there is a natural buffer of trees between the residences and his property. that there is 700' from the top of the bluff to 200' at the base. There will be 100' of tree buffer from there to his property. That portion of the property will not be touched. Commissioner Smalley asked where his intended access would be, Mr. Jahrig explained that it will be off Irwin Street. A letter was received for the record from Mike Lovett, Sox 3241. Kenai. Mr. Lovett owns the property at 317 Portlock Street and opposes the rezoning on two points; site obstruction and the use of heavy equipment that close to a residential zone. Mr. Gene McClelland came forward as an adjacent property owner concerned about protection of the view and the watershed. Mr. McClelland stated that the area was zoned conservation in the 1960's to protect the watershed and further would like to see the conservation zone made into a playground. Councilman Wise pointed out that the land below Lawton Drive is entirely private and zoning private land conservation is illegal. Chairman Lewis brought discussion back to the Commission. Mr. Labahn pointed out that the area is one of transition, that the comprehensive plan is outdated and feel that either an error or oversite was made when the area was zoned conservation as it is privately owned. Commissioner Smalley asked if administration could work with Mr. Jahrig on the points brought out, Mr. Jahrig stated that he is more than willing to work with both administration and the property owners. Mr. Jahrig has already contacted the COE regarding the drainage and that body feels the beat way to control the property is through the drainage ditch previously discussed. MOTIONS Commissioner Smalley moved to approve PZ84-58, seconded by Commissioner Osborne. VOTES Motion passed unanimously. NOTIONS Commissioner Smalley moved to approve PZ84-59, Land Use Plan, seconded by Commissioner Osborne. /' _JL id 'l' y'.&V.r PLANNING COMMISSION -- Jtlne 27. 1984 Page 3 VOTE: Motion passed unanimously. b. Rezone: Tract F-1, Lots 1-5. Blk 1; Lots 6-10, Blk 2, Sprucewood Glen S/D No. 2 from CG to RU. Chairman Lewis opening the hearing to the public. Hearing no comment, Chairman Lewis brought discussion back to the Commission. As this rezoning was initiated by this body, there were no comments. MOTION: Commissioner Osborne moved approval of PZ84-60 and PZ84-61, seconded by Commissioner Oleson. VOTE: Motion passed unanimously. c. Sion Code Ordinance There were a few minor verbage changes by Mr. Labahn and Mr. Hackney. Chairman Lewis opened the hearing to the public. Mr. Doug Keating came forward representing ERA Property World. Mr. Keating objected to the size of real estate signs and then asked about the intent of 5Q. Mr. Hackney explained that the ordinance is attempting to keep all signs on the property they are advertising. Currently, real estate signs are all over. They are on intersections no where near the property they are selling and further, they remain there, usually throughout an entire summer. Mrs. Pat Porter, a resident of Deepwood Court near Tinker Lane spoke against the real estate signs. There are 3 real estate signs on one corner, one of which is tacked up on a telephone pole and one on the stop sign, all of which have been there for several months. While driving downtown it is noticable that real estate signs are all over with no apparent consideration to placement. One real estate has a sign on each side of a lot and on more than one corner. Regarding portable signs, Mrs. Porter is glad to see that the intent is not to allow them particularly as a permanent fixture. A great number of them are broken, unsightly, letters are missing, and in some cases, a definite traffic hazzard, and do not project the feeling of permanence in the community, i.e., a temporary sign denotes a temp- orary business. Some are even on wheels and cement blocks, and several are on corners away from the business. sJ n ,� ,a J PLANNING COMMISSION 1ssnn 17. ! 4Rs Page 4 Bill Brighton asked if the intent of the ordinance was to permit garage Hale signs. Under the section relating to temporary signs, yes, but on a temporary basis. The Commission discussed possible fines and permits for those. Gladys Routh representing Red Carpet Realty came forward to speak on the garage sale signs stating that they are much more unsightly than real estate signs and often are up longer then a week. NOTES Commissioner Bryson joined the meeting. MOTION: Commissioner Osborne moved to postpone the issue to the meeting of July 25th, seconded by Commissioner Oleson. VOTES There were no objections. It was suggested that a portion be added to prohibit tacking any type of sign on stop signs and utility poles. 5. APPROVAL OF 14INUTES of June 13, 1984 The minutes were unavailble 6. OLD BUSINESS a. Lease Applications Lot 4, Blk 1, Gusty S/D - for Additional Car Wash - Patrick Doyle Mr. Labahn introduced the application and suggested that more material needed to be reviewed such as, a definitive time line, details on snow removal or storage, parking and the sharing of parking on the 2 lots, and as indicated in the memo. MOTIONS Commissioner Smalley moved approval of the referenced lease applica- tion with the addition of staff comments in the memo of 6/22/84 or upon submission of the required information, seconded by Commissioner Zubeck. Commissioner Smalley noted that there were no details on landscaping and requested that this be made a part of the motion, consented by second. VOTE: Motion passed unanimously. YibY�{r, �lJNG...T'.Ml�'Si"i.-x'_xi."_++..—�.�_—�•--•A�p�.7��t .G"a...:� r'- _ - w11Z - 7f a i 0 PLANNING COMMISSION Page 5 b. Request for Land Use Permit - Alaska National Guard Material has been submitted detailing the request, discussed at the last meeting. The Commission discussed effects ant wildlife, tundra, equipment, possible noise if large guns are involved, etc. MOTIONS Commissioner Zubeck moved to approve the request for land use permit, seconded by Commissioner Osborne. VOTES Motion fails with Chairman Lewis and Commissioners Osborne, Smalley, and Zubeck voting nos Commissioner Bryson and Oleson voting yes. e. Sion Code Ordinance MOTION: Commissioner Smalley moved to set the proposed landscaping ordinance for public hearing at the next meeting (P5/04), seconded by Commissioner Oleson. VOTES Motion passed unanimously 7. NEW BUSINESS a. Lease Applications Lot 8-2, CIIAP S/0 - for Retail 6 Office Space Howard. Garner. and Smith Mr. John Howard appeared before the Commission to detail the plans for a second mall adjacent to the first lease already approved. The Commission wished to make note of the professional manner in which the application material was submitted and presented. MOTIONS Commissioner Smalley moved approval of the lease application as submitted with inclusion of staff comments (6/22/84) seconded by Commissioner Oleson. VOTES Motion passed unanimously. b. Lease Applications Lots 9,10,11, FBO S/D - for Aviation Support Facilities - Parker A Black. Mr. John Parker explained that his operation would entails helicopter storage, training, aircraft maintenance and shop, warehouse space, and office space. The site is heavily treed and they will have to be removed, in place will be perennials and ground cover to relieve the /' a, PWA PLANNING COMMISSION lime_ 17. 19A4 Page b dust problem. It was noted that there was n large amount of what appeared to be overburden on lot 9, Mr. Parker stated that it had been dumped there by the lesnae of the adjoining lot. Mr. Labahn was requested to look into this. Mr. Parker requests a 50 year lease snd would like to start by October lot. The pavinq will be done upon completion of the ramp project on that the levels will not differ. Mr. Brighton pointed out that the ramp project will not be completed until July of 1985 but elevations are available. Mr. Labahn stated that the airport manager has not had a chance to review the plane. Commissioner Bryson stated that airport committees have voiced concern on the helicopter versus fixed wing use of . airports and their compatibilty and asked if administration had looked into this farther. Answer no. Commissioner Bryson stated that he would feel more comfortable if there woo more input on this subject. Commissioner Smalley requested more details on the storage of heli- copters, referencing the storage of material around Grizzly Aircraft. Mr. Parker promised that this would not become a junk yard. Commissioner Oleson asked the type of helios, Mr. Parker stated that they would be the small models. MOTION: Commissioner Smalley moved to postpone decision on the lease appli- cation to be rescheduled for the next meeting (7/25), seconded by Commissioner Osborne. VOTE: There were no objections. c. Preliminary Plat PZ84-53: Mattfield S/D Add No. 1 The on inal subdivision was into 2 lots. This plat subdivides lot 2 into 3 lots. MOTION: Commissioner Bryson moved approval of PZ84-53, seconded by Commissioner Smalley. VOTE: Motion passed unanimously. d. Preliminary Plat PZ84-54: Parnons S/D - Inlet Woods West Add. This plat represents the remaining half of the government lot within the city limits. .r�,11"�JK.=.^1.P.Y . • Ir iai •_ri /"'r.: "T. _ _ _ PLANNING COMMISSION lima ?i ! A Page 7 r MOTIONS Commissioner Smalley moved approval of PZ84-54, seconded by Commis- sioner Olecon. VOTE: There were no objections. e. Preliminary Plat P784-43As Parsons S/0 - Inlet Woods Revised Jeff Labahn voiced concern over one access point for potentially 212 ! lots plus. The Commission agreed, discussing other alternatives. MOTION: Commissioner Smalley moved approval of PZ84-43A, with inclusion of staff comments specifically regarding the need for more access, seconded by Commissioner Osborne VOTE: Motion passed unanimously. f. Preliminary Plat P784-56s FBO S/D No. 3 This is to be the HEA site. Administration is asked for exception to ! the 3-1 limitation. MOTIONS Commissioner Bryson moved approval of PZ84-56 recommending granting of 3-1 exception, seconded by Commissioner Osborne. !i VOTEs Motion passed unanimously. �t g. Resolution PZ84-57s Setting Fees for Zoning Amendment Requests This would set the fees for rezoning at $200 which is compatible with Borough charges and appear to be adequate at this time. MOTIONS ,4 Commissioner Bryson, seconded by Commissioner Osborne, moved approval of PZ84-57. { VOTEs Motion passed unanimously. - -r h. Discussions Day Care Centers/Light Industrial Zone Jeff Labehn stated that the code appear+; to be working at this point s and recommends retaining the intent of the zone. i PLANNING COMMISSION lsirsR 17 IgAA Page 8 Mr. Doug Keating of ERA Property World came forward. Mr. Keating had submitted a letter requesting the Commission consider allowing day care centers in the light industrial zone, specifically, the building on Willow Street which was used for 'Scottish Flair', a shop for furniture. At this point the code only allows consideration of day care centers through conditional use in residential zones. Day care centers are a business and would fit in with the adjacent businesses on Willow Street. Mr. Keating noted that this area is in transition and industrial no longer seems compatible, commercial is more appropriate. It was agreed that work needed to be done on the code both at intent and current zoning. No decision at this time. 8. PLANNING None 9. REPORTS a. City Council Councilman Wise recapped the improvements being done around the City. There were no questions. b. Borough Planning Commissioner Bryson noted that the Borough Planning Commission had reviewed the plats before the Commission. Kenai plats are currently about 10% of the entire plats coming before the Borough. c. Administration The zoning powers officially will change from the Borough to the City July 1st on schedule. The transfer has gone smoothly. The request for vacating a portion of Aliak had been denied by the City Planning Commission, the petitioners requested a reconsideration, but the Borough Planning Commission had taken action in the form of denial in the mean time. The request now goes before the City Council. Commissioner Smalley voiced concern over the campers coming into Kenai. Since the City is enforcing the ordinance which prohibits camping on City lands or private lands, bathroom facilities should be provided at some location, at least sanicans. . i.44 ._ a--i'4:...IH .-i, i. yi F,r...Hr�`, Fi - __ - •rc .r"v- __ PLANNING COMMISSION -- 1timp ?7. 19R4 Page 9 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS No Questions, No Action 11. ADJOURNMENT There being no further business, the meeting was adjourned at 10:15 P.m. 'I Janet Loper Planning Secretary H^ 6 CITY OF KENAI n .1 t r 41 t ,7 210 FICALOO KENAI, ALAS KA 9011 TELEPHONE 283.7535 July 26, 1984 TOs Kenai City Council Kenai Beautification Committee FROMs Kenai Planning & Zoning Commission SUBJECT: Proposed Landscaping Ordinance At the regular meeting of the Planning Commission on July 25th, a public hearing was held regarding the proposed Landscaping Ordinance. From input received by the public, and discussion by the Commission, it was determined that a work session with both bodies would be desirable. The Commission requests the Council set a time and date. v I r o Janet Loper V , Secretary • 4 • � ICI J I 'Y� I i 1 I I I f 1 M I • Landscaping -Development Requirements 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 improvements requiring a building permit for new construction, exclusive of residential or industrial activities, irregardless of the zone in which it is located. C. Site Plan A landscaping plan including 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 develop- ment shall be identified by common name. Approximate height and caliper must also be included. 1. Landscaping Material: Any landscaping material to be established as part of the commercial development shall be identified by common 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 issuance of certificate of occupancy. E. Landscaping Requirements A landscaping plan shall include the following elements: 1. Perimeter landscaping: A ten 110) foot buffer shall be required along all constructed rights -of -way and lot lines abutting non-commercial V a__, 'r LANDSCAPING REQUIREMENTS Pane 2 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. However street trees shall be planted a maximum of thirty (30) feet apart along the right-of-way. 2. Berming and planting areas 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. Landscaping Plan Review The submitted landscaping plan shall be reviewed by the Building Official for compmliance with this section. In the event that the landscaping plan does not conform to the standards of this section, the plan shall be subject to review and action by the Commission. H. 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. A list of recommended landscaping materials shall be provided by the City of Kenai. JBL:jl 6/84 iiENA! ADViSORi LIBRARt Lummi55LUN July 17. 1984 Kenai City Hall Kathy Heus, Chairwoman 1. ROLL CALL Present: Heus, Carson, Quesnel, Swarner Absent: Castimore, Smalley, Iurner NOTE: Kenai Library Board met jointly with Commission 2. APPROVAL OF AGENDA Agenda approved 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Carmen Gintoli - Library Addition Update Due to increased funds for library expansion, the Commission and Board met jointly with Mr. Gintoli to work out a project to utilize those additional funds. Mr. Gintoli presented a financial report with options for the funds available. MOTION: Commissioner Quesnel moved, seconded by Commissioner Swarner to recommend an"addition of 2 stories with elevator. VQTE: Motion passed by unanimous consent' L. NOTE: This motion cancels the previous expansion plans 4. APPROVAL OF MINUTES of May 15, 1984 Correct: strike 2nd sentence and correct to:"the story program is for kindergarten through 3rd grade at 1 p.m. on Thursday. Correct McKeown to McCune; Item 8 insert there after will be; Item 8 change "minimum portion" to "medium security portion"; Item 8 insert "put 'him' to work"; Item 8 add "cards". Minutes were approved as corrected. i - n�. .." •.�-.... I..i.. 7r'u:.w -..� ...a r�. •r—� —.__.. ___ -_-... _ .-- .s h.r i.h. .r mIF rr- �Y-'.H .�. ,-•r: ""r'�TF�'w -. ___-__ - - -__. _.n ate- _.� ............. ... ...� r LIUMAM1 MINUILS July 17, 1984 Page 2 5. DIRECTOR'S REPORT a. Summer Reading Program Jeanette Neal tape destroyed - no discussion available b. Director's Comments tape destroyed - no discussion available 6. OLD BUSINESS None 7. NEW BUSINESS None B. COMMISSION COMMENTS & QUESTIONS Commissioner Quesnel asked a question pertaining to beginning of construction. (Question and comments unavailable) "Commissioners were urged t9 attend the City Council meeting of 7/18/84 and to call the Council members and speak to the project". 9. ADJOURNED The meeting was adjourned at M5 p.m. ri 1 r � Commissioner Carson/Janet Loper i i 1 F, x r J a »,. /` 0S mumhoru of thr; Yuruel, ;I ty ,sounc:iI I am writing,, to oxorcnts my support for your r(i(!ont rir, 10 n this Konai oommuraty l 1brrery addition, Thu 1 ibrary nc od:j tho larf;orat ponaibl.o incroasic in upitoo. All tho c'ounoil mombor,n who voto(l for the 1Ot0L,0 nrlura;"r, foot; riddition at this July 18 mooting worn obviously convinced that the cstt,y can rLff.'Ord to build nrnd maintain thi.ts badly needed addition to tho preoont; faulli.ty. pl.c;aze r;ont1nurs to rJupport the larroorit p000tblo ex;iaenasion of tho 1.1br:ary, The library in ra facility whir;b can honfifit ovo,ry mowbc,x of tho community in oomc: wcty, Ivry family utioa tho library c,xtenui.voly for reading materials for ndults and chi.ldrf,;n, roc,urdings, the opportun- ity to road poriodical.a to which we do Not oubriari.bo, chil.dren's otory hourrt, and ronoarch for uchool, pro jccsts, li,ator, inl.0 which the library doors not have are uuu:elly availablcs through the interlibrary loran program from other librarios in tho otrate. Ry husband roceivou •profeouional msa,toriaalo to which he would not utharwioo have raceesr.ju in a rural arou from tho Alitoka Ilohl th ..cioncen Library program, I do r000arch for my froolanou writing pro jectn, The 1'.owii library io an extraordinaary facility for a ruraal. Ala akin community, It adds a great deal to the quality of Life in this area, The facilityy i,ss unud nut jurst; by rouidento of tha city but by thoursando of u Eller pooplo who do not othurw.iao haavo raceesa to these cervices, Mra, bul?orout dora, _,an oxomplary jot; with ra nrnral.l otaff and a dedi- cated corpse of voluntoers. Idith officiont uacs of the runourcos available to her, she koupu thu library open to usora on as uohedulo which io conveniant to the groatout number, of seopl.o, :rho and the roast of the staff and voluntoors do a wondesrfu� jots of providing, oorvicou with tho ravailubl o apacc, which hcao boon taixod (in the non- financial uonoe of tho wordl ) to it gr.oater and r;routor extent ras the community grown and tho raurvicou offered by the library increase, One glaring; exa.mplcs its b:ru. Na or.eot'n offico, whf.uh is currently aluo uucd as a atorragro room for brusk issvuorl of poriudicalu and newepaporsa, anca for reforunco boolia; ;ass ra place, to ntsow movion; as ai moutin;, room; and rsornc;tirncrs for c,h.t.1dre;n1rs rstory hourn. When the room io in urse for an activity, v.rn. Dijkor,;ut; can't ustu her dock and library wurkorrs can't ,;u t to tho other motor, .f a In ntored there for patrona who nood thl;rn, The 5,GOO square: foot caddltir.on would k:c; orsl.y ;c situp-wrals mea uro, That amount: of upace; wciul,J 'c,c; (ornpl.etrsly utll.iiod the day it wrau tiniulxed, wtiicll w(au.l d c)rsl;/ lc;ad to :a rc poat oil the protiont rai tu:ation in a fow ysu�iirrs. let's look to the; future 1 f fat 'ill puss:: f bl i , It Trill bc; a far bettor uoe of public; rroro y to I)W H tho two-otor.,y ra(fdition now. Jincerel.y, .31c) !/l• d,s, r 1 IV F-0 1 I if r IfNAI YIH11l411I,A NIIPIIIIIN Iff,111,A1 AAAIIIMI,I llll 11111 luhr ll, In1111 11 lu i 11. , 61101111111411 A1111N t1116U1N1j IOmI.Iialx11NA' ALA9AA A01N0A ; .,,..• ...,,.w. •, .... A, PALL 10 0101/ 1(�!li1Dl1, I �. pLlpOl IN ALIPHAMCl 01fI/ t C. (NIOCA11ON1 Oat, job Lenoboo, for11 16pttY1 ro/p1/ roil 1 D, 104L CALLiiijorA 1 1, VACANCI, 0151011A110N 01 b1A1IMO Of A061NALINAM11111 tf 1, MM[be /N AI/AOVAL 01 NIM1H/f Of�June 1$, 14, N1, 1111 D. cam"1111/ AL/o11A flloot 1 • fool fool 1 o t/ (h rbl , C.IIp cco►l, 111.It1, OIIYf) 0 1 a AP " I (�Ir111, �IeA1NeN, {top,lal, xuj b file If ''•b•, � � ! jt e,M 111, Alafe eA, N•IA/1 (/11rr top 0N6,/A1iQ`�Y�e1�i; 111e1 , � e/1��/ CIRIr IY! (��1/111, A/n11t1 N1111, Y/p Uon1, ��161) (') a i�al,tlli.(q:eij Cerf, odes, OII/l, Joen, i [r f Y t IA1 of:0 No M, Coley, IledYtfdo 41WO �Intato, , He AOINDA AI►AOVAL AND COMUNT AD/NDA 7A i I•e1sl Nnf / Y,Ie t of Iof",r M Orr" ,"o t9 I. tr /H�11 �6 9#0Wool Dlelllet ///1l1eA (got 11 r 1p1t tnel Yex •Yv10 INoo •e / beMe/t itt/ ' {M/rgll � % ©Q i tAI A/ !!I ItOEii►i� �� "A6 nerled/Ir A6qu16 119e "// iiYoehof N 0/1 ply 10YN Alp In! Itp"Allo , hind reir rl/r o" ; Ak , r•{n • rl (>v 1 "/.6�.L�IM1. Cl,e"IrN. AAIYNgI" fN.r•rjitift Offf `1 l'li{/r1Y/rl11AY.INIoo 1f1 w •li IM/4014e10/ on I some " (M,roll I (d) RM-14.JS "App/,MINI the Ar114 of / Con//�6t f1 r 91 the frnsU11611,16 4r—wolf DIY//lee 1 lady take FIY/f`/fin" �� iffiffiff ( e) R I _! (()) "Opproolr bq beufl Iler1 e1A 1, i illli�rl gi111!( e1111n� 11 Ilpluiofnl i9r 111e pee 19Niii/ xl Y�If11rt 9f i.,lI1H6l NIr1 III11, ' plfierr•i fllrlllr, INI coaff„ l flop111�Af lndln/.Y N" u1,rY61 4 ' (, OADIMANC,IIIAA111166 (/dt..! I!! "A!1 fit Ato,off AYI,Mll/Ain$ ;No 1111191"• II'Y 111i OI1r 61 lf1 /1 ptOtlll Ile ;No Hn 1olfWif end 10Y1d{"1 Ief en 1116104 hell" (Neel► ! r IMI N f� 11 fl ♦ "An Ofiliftw" 1euN1 NIN $60 file 40//16/ At* e 14 �for�do f ,) /f1f r to 01YY6t or I/r161e 004 PtuvUlNt Not 11 �ferd" 6 ee114 (Moral) f i le) $[d. 1((•�b "Aveh•/111r1 IN" be,lpl OI " f1/ 111 11Af Ir $fe H off a Alotl,, 1uy"16"Inl 91 I ' AA.InlYlet ler, fat the 0` 1,h.Y1 of 0,11fe Weep �IN/f 14vlpof•V 11oel en/ (Il,rgf►fleof L/al) ----- I' III q`(4I (!!yj 'Au1M9111U 1h1 po611p1 of Y 06,090 GPIi1fA/%Ar MI bt1/, 9$ AIM,, Otp6//1 nl Y1 sl/e I • i� H/lute) NIfoolte, lot she 11/6h,11 YI /I/Nlin/ ttulpNnt to IMe AH6N01 Olrl 11f eNI r /116r�fnYr 1N116/1 /,rrltf A/oY •rl Applxyllnllf 1MIIY" lMlrrl) "AYlnotlllyd the Aft/lpl of Vo/love the au1• of Al,ne 141081100 11'eff'offIf, N0 ,Ae n/ I,f1,Nf pUse9r tore of f lull, InA Ay Iaptl,elrf the Surd' /e ple1161 At61Yr1e" li~ifrull , i i i W r. rl r • :rs>,Ib,:ofer�p�jvyv�If7�Citi'rrardtl+AF�fae..r �y K i `V • Y.� •.r..h>jf°'+ue�frmwrrgt@W'9�91�+re', ., .... c,'. 1 f I� 1 . "Am,nd fht sand Use ►tan and Inoue Map (act L1+1 S0, $Inklvy subdivision In C,I Gonrttt eax■rrctot, CIly of sotdelea" (ffdyos) (�) QoA /•It "Amrad the Lend Iftf plan for the Calf of kini( soil Aysand tfacI A, perk View 9ubAlrls►on boct ion RI1N" (11 ar) "Nt,fbli hill the cellosa Nolshis oatnl O�itrirt" (saes (') pptQ 1 "►tftelnlne 10 the I94o4 of /411allt@tl•o 'e •/4. Ilsta/ It qunfum, and ►lovidln Lompmafation Ins Ileeherg of the 80e14 at Iqualtutioa" (01MIel) 1)) Wi,,4 $4 1i "Nolan@ of Lots I Through is, Late 1/ uougL 111c/ 19, Orlelmot leuaflte of Sovald, tad ball 1 and 1, /lock 4, Federal Addition" (Mayor) N �. INTIODUCt10N Of OADINANCIS b( (a) "ApproprlstIRS 110 00,�from the Uedoolg' as 11, Uleece Rocket lot@ • to tiff substation for the RlAgoray fire Service Aroo" (Molor, 104. N►SA) �. (b) RQ14 1{=j� "Appiap/letlas its fs0 InI the 91$ 911.. •Ina for Fiscal an or Isar 1914•I6" IiA (Mayor, bq, CA►MCC) 1, 191 "Appropriating 11.000,000 from the Generalf �tla R/x4 co for the Construction of the /forcer Illshaay Maintenance facility and Trontfffrins $111,1to team , the hose, 111//h school Project to the fMmdr flighray M•intonsxce $agility for a Total Sudsot of I1,1S1,110" (Novel) � :. I• tF 11 �, "Rdgwstlns the Oogresf ft Atetla end to ;l•„ t e' eu eh I.glolauue to Apvp►tprisea hinds for the Construction of the "east Mishear Nsinteasnce 5 , • ^ ' fs, Facility" (Mayor)•��f,i,'i (d) d j}•f{Ft "Authoritlm Indsbtedetse At the solvent • �oado „ Ik. tn@iiC 0►Il/atlon Al on A-URI Met to ettsol .• ,+ . 16,49f doll tot the pu►poto of /lapeedins, Renovating, 1sgrorin/ fad lqulp►Iel the Pit roalnfuld control %settttldo, p Mosppstot to provide a chemical Dependency Unti Inclosed vathrel1', �'•AA', Dletuy Nteontlen /set•atfnd• 1e� coffer Plant laersfacy F'f: f; and suite Addition and gone, 811011 and rlodsins poll r ! ' the Faith and credit of the Contra$ Ntaei peninsula Itoopilet r'r' Sorvla Ares for on Annual Levy of taxes Nithin the eoelrat Steel ►aafnoula f+ Moopleal service Arent la so Amount SeIllclent Ie ►a/ the /rlacifpol Interest, i'• 1 and subject to Apple by lace Voters to the etatrst Monet Von Ilefplt.1 oervtea f,-•�',, -° r'. %%l Roula Area at oho Iiroush Slection on Octehrr "on$9p" (Msyet) + 1. Ss��}}��,�44� tt ►rovidlnt tot a /suet pee etltlsn pet the OZIoTrii-T, old Gentrei llKtlan. to Approve the (touanco of General ObltSetiea loads IN on Amount Net to ",�.'" '"4,'• "? •i' i „ Sxcood 16,491,400 for the ►ufpatt of /xpoedlas, //00eatfRS, and 1 Olpptas the central peninsuls Geeetat ry� „ Arerins Naspptuf iatltltl*o to Providea Chemical Dependency Unit, ) Baclnsed Nollxey, Dietary penoretton F nf•Standlnp letter plant tad /mwfstecy Witt Addition sad Semovegiom (Moyer) (d) P4U�!•f1 "Mendips trl 1.16,010 to provide felt Use Ti r, I,.,/ • n o • suasiof landideey In file fact Assembly 9acencler ONsing a Term of Saliva" IHynr) (f) Q4L�(. 4 jE "AmendlnG NFS 1.16 to Provide a Flea RialAic tm4 Fquitebt• Land lisle Cre411 tot Olt• J a►lod Amvfltep l'ttdronf" (0441 f1) ��d. ,! p Autho►Itta Ieldtedaosf by tit loouenct Us 1E• of DO Obligation 11onds la eel Arunt Mot 10 Sacoo! �• 110,101) goo yin N/lllmr) for the ►urpolt of Contgfuc• ties tai equ�ppill$ a o"lid Noot0 Imeinerettna plans and ale sore{ the /fill foltb and Credit of Cho soroush for in Annual Levy of taxes to Ire Amount 9uffleleat to toy net principal and Interest on theft lands All 'iab)oct to Appeunl by the voodoo At the leriush is still 00 October 1. Rest }d•t11 "►fordtins der o tsllet proposition fo► the /k u ff 7, 9u outer (faction Autho►$$le$ Isdobt• odsofo to Approve the �$#usate of General Obll`atlnA seMo fa on Amount Not to Itcoed Ise e10,000 (Tom Milliom) Ins purpose iqulpplms Nerte eht of Cnnururt ins 0m4 a Send Incineration plant" (Aaisel { �a A. CONSI9LMtION Of RF.lNILIIf lolls (a) RRes tt• ,,T� "Pfnvldln for trnadc.sttng of Regular and SpaT3)i'seahl Me.t�n{{s and Awesding Contracts to Radto Station. kSRM %GIL, .nd gR1A lot fiscal tssf 19414•11S to irovido troadcasting'• INayor) (b) M f• "Ttsnsferrint ludgettd Road Maintenance Be" a Area funds for the service Ares Coordinator to the unassigned contingencies" (McGshan) (e) As. t/.17! "Cs•egDat the AuthorltDd Deportment 0 on or the Orte Processln1 o.r•rtw.nt Af Deletln One Programmer Aaetyst Position and Croatia(; One Addition Programmer Position" 1Nsyar) .;I •,.� ' �li�r;,,,.,,•;:41 •a •,,., (4) R� s��f-ltf "Roquosting the Mayer to soft Dedication .y of 1i I'of Nay gos-Next for a Portion of tongwre Leks Rood So Malntemsece Can Be Provided•' IArness) F h, (a) � "/tovidin Inr a Rslint Proposition a ,,i'or; cqr . on•APa.ride fire ad lmerpncy ffedlcel Service Powers,, (0{naick) ..i.g�y. (/) Requ t on•Artwld�nPoft andfor agHarborllotPPowerstwithout iyt� ; Parlous Restrictions on those Powers,, IPub Atrs Cate) (g) Coa•ondlas the Student, faculty, Adalelotretors fad Suvpert Stott of Rend Jualor filth school for Their So action for Recognition In the 19t1•ts Svc "dory ,';;�,., School Recognition Pregrra'• (Joan/GUck/Oauilas) .+ .t L. PENDING LEGISLATION (f (This Its• Ilse$ legislation which will be addressed SeY,9 1 a later time as fetedi Not for act{ass this meeting) , F,1ryfif.%(,,� (f) Ord. 04.1 "Aaendlnf fps 16.84.030 Partalaln/ to%S4 6'. Powers end Duties o the South Ronfi Pfnlnsu1a y v V ilospital Service Ares Board" (MkGshea/Doff/Seephsas 911mick/Jefs/Dougies/NaIII 14t ck)(Ilfar 9.11) (b) Ord. g1•f0 "Amsmding RPt 11.1E Porcelalat to Nogtous, Injurious and Hatordous Uses of Nod to include Prohibitions on Use for Disposal of llatat• dove Wfeto$" (Nash) Hear August f s :, ., r M. FOItMAL PRESENTATIONS WITH PRIOR NOTICE Py" (a) Request for Now Liquor License Approval, It lit Convenience (M. Conn, Shore Stop) ,�LIJ; � (b) Roquoot for New Liquor License Approval r so in toy (Ekstrom) r'r (c) $rant Stonebraker, Change Order Report I}(' 11 sj.Jie ...r-..... ...►�tvt.•�(. • ••�1'. M. NAYOR• S REPORT 0. 071111 gU$IN1SS� '+r + (a) Status Report, $•ward Land for Prison Sap (b) Request (of Waiver of Penalty and Interest, Construction Service, Inc. V. Af$fM$LY AND MAYOR'S CO/MENTS Q. N $L)CONTA M10T AND PASSWSL2JSrXIATIAM$ UPON WATTARS R. INFORMATIONAL MATERIALS AND RIFORTS..certIfication of Roll S. NOtlt$ OF M/1T NESTING AND ADJOURNMENT (August T, 1914) k� M - J i' olc,tTftr. Introduced by: McGahan Dates July .17, 1984 Vote: unanunvus ✓1i119A,1 Actions Adopted � Vt"T.fl1T Q^R1T•.TCtlT A tlflAflttf:i! yi r� ........ ................... ........ ..... l V,/ "� (,r / s • li -IC0 ` ` RESOLUTION OF COMMENDATION COMMENDING THE SOLDOTNA BEAUTIFICATION COMMITTEE, THE KENAI BEAUTIFICATION COMMITTEE, AND THE CITY OF KENAI PARKS AND RECREA- TION EMPLOYEES. WHEREAS, the Soldotna Beautification Committee has acquired flower boxes and flowers and located those along the highway along the City of Soldotna; and WHEREAS, the Kenai Beautification Committee, together with the City of Kenai Parks and Recreation employees have secured flowers and other plants and caused those to be planted within the City of Kenai; and WHEREAS, these efforts have made the cities of Soldotna and Kenai more attractive places, and the efforts of those persons involved should be recognized; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGHs Section 1. That the efforts of the Soldotna Beautification Committee;Me Kenai Beautification Committee, and the City of Kenai Parks and Recreation employees in planting flowers and shrubbery is hereby recognized, and all persons involved in those efforts are commended for the extra beauty they have brought to the community. Section 2. That copies of this resolution shall be distri- buted Eoo the news media within the Borough, the city councils of Soldotna and Kenai, the Kenai Chamber of Commerce and the Sol- dotna Chamber of Commerce. ADOPTED THIS 17TH DAY OF JUL 1 84. ,,,sep,WC. Arness, Assembly PresilaenE ATTESTS t ng Borouq er f v Al -as ka Constructor Volume 1, Number 8 July 1984 State Local•Hire Law Unconstitutional... Alaska's most recent effort to require contractors to hire Alaska resident workers for state and local government construction projects was held unconstitutional by Superior Court Judge Carl Johnstone. The law, as enforced, required contractors to provide "resident" addresses for the workers listed on certified payrolls provided to the Alaska Department of Labor. The Law formerly required contractors to employ residents for 95% of municipal or state project's work force. Application of the law oftentimes proved cumbersome and confusing to many contractors. Providing resident" addresses for rural Alaskans was not always easy; obtaining exemptions was time consum- ing; the reporting requirements were different for state and municipal projects; and for most federally assisted projects the law could not apply. The law proved very ineffective in any event because no specific period for residency was defined. A "resident" included anyone physically present In the state with an intention to remain in Alaska. The State has appealed the ruling to the Alaska Supreme Court and requested an order allowing en- forcement of the law until a final decision is rendered by the Supreme Court, in the meantime, the State Department of Labor Is not enforcing the law nor is it requiring 'local addresses" for workers named on certified payrolls. $15400 Top Prize in AGC/PAC Raffle 31 The Alaska Chapter PAC Committee, chaired by ij Bill Jones (Northwest Constructors, Inc.) is again sponsoring a raffle. The top prize is $15,000 cash, ` there are also prizes ranging from $260 to $1,000 In the drawing. The AGC/PAC raffle drawing will be on August 4, at the Chena Bend Clubhouse, Ft. Wainwright. The drawing starts at noon and will feature a cocktail party hosted by Boatel Alaska, Inc. and lunch will be available at $5 per person for all you can eat sponsored by NAWIC Chapter 196. "ome out and enjoy the raffle drawing and .dstivities. All but the final 25 tickets will be drawn that afternoon. The final 25 tickets will be drawn that evening at the dinner dance. Contact your local AGC office to purchase the AGClPAC raffle tickets. Alaska Construction Law Conference Alaska Chapter AGC and PEST are co- sponsoring the 4th Annual State Conference on Alaska Construction Law on August 23, at the Captain Cook Hotel in Anchorage. Areas to be discussed Include bid protests, EEO, Bonds and Lien Law. The one day con- ference includes a 400 page publication which is extremely useful as a reference tool. Speakers are local attorney's Robert Dickson and Michael Dundy. Watch the bulletin for registration forms, the fees are $125 per participant. Fifth Annual AGCINAWIC Golf Tournament The tournament will be held at the Chena Bend Golf Course. Ft. Wainwright on August 4, 1984. Registration forms are in your Bulletin. a fr CITY OF K 110 FIDALQIO KENAI, ALASKA 1/b11 TELEPHONE 21113. 7535 July 26, 1984 MEMORANDUM TOs Honorable Mayor and Kenai City/,Council FROM: Jim Swalley, Airport Manager REs Noise Abatement On Tuesday, July 24, 1984 I issued a Notice to Airmen (NOTAM) restricting all training flights between 10:00 p.m. and 6:00 a.m. for aircraft over 12,500 pounds (copy attached). I recommend that an ordinance be passed as soon as possible to back up this action. The ordinance should also carry a heavy penalty clause for violators: $100 per landing or land and go; $500 to $1000 per incident, etc. JS/dg Attachment J i i i I �J _.I :I i FND REQUEST /VO FNA SAPAOF MAR I r.NA %A 2250 :30 OCT SO RCT COO RKN IRO OVC 50 /97/63/5 /7307/009/91NOK IENA 04/016 FtJA ATCT 14-0600 PLY i IENA 04/0/S ZAN PRIPA/SECRA 15ONMR ENA VAR UNAVOL 1130-1430 SAT-MON 19NA 07/013 ENA ARPT CLSD TO TRAINING ACTT OVER12500 0600-1400 GMT.AAIL_Y, END REQUEST tis 1 ,�, _ •�i`.,p.r ..11::�� :•.•.:.r•f :.�lay :':.•iiJdt:liRWr.t.isw.:.�w •:•.?;f J.'�f'.j,w...yyx w.•... r f • • I j •1 .f ... - .. ...r..�«Tr'. �.71:�.. 'rr�j(i,� )! 't.w .d«,./,..:•y• ..:,,�.•..:... ,y: t'. .:i •rim k � • 1 ol - _ 1 R i r i 7 r A. (M KENAI PENINSULA BOROUGH ►• BOX850 • SOLOOTNA,ALASKA 99660 PHONE 282.4441 STAN THOMPSON MAYOR I V�. July 10, 1984 Mr. William Brighton City of Kenai - City Manager Box 580 Kenai, Alaska 99611 Subject: Ordinance 84-40 Dear Mr. Brighton: Enclosed you will find one certified copy of Ordinance 84-40 which was enacted by the Kenai Peninsula Borough Assembly at their meeting of June 5, 1984. As a result of this action you now have the zoning powers! Congratulations! Please contact me if you have any questions. Sincerely, J,,$4A,t GR90-,., Jane Gabler Associate Planner JG/jf Enclosure - _ ■ Introduced bys Mayor Date: May 8, 1984 .. •._._ p t A A nuaL J.ilg; JULIC J 9 170-9 Vote: Unanimous Actions Enacted KENAI PENINSULA BOROUGH 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- 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. , 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. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS 5 DAY OF June 1984. Jos e rness, Assembly Fresides K,4o ATTESTS Borough Clerk Eol�u:3a C:�:'s /` W Al AWO c? CITY OF KENAI � vim. vrA�u�cctti `7/ n�cv.�cs, 210FIVALOO KBNAI,ALASKA 99611 "— TELEPHONE IIsa•1s9s July 25, 1984 MEMORANDUM TOs Wm. J. Brighton, City Manaqer FROMs Keith Kornelis, Public Works Director REs Public Works To -Do List from Council Meeting of July 18, 1984 for the Council Meeting of August 1, 1984 1. 1 have incorporated the exact quotation from the Kenai Municipal Code concerning local preference in our construction bid specs. G1$2. The resolution for the engineering costs eoncerninq water and sewer on the Princess, McCollum, Aliak, Fox, Magic Streets should be in the August 1 Council packet. 3. The dust control program for next year will depend mainly on the allocation of funds. Possibly, the Council should consider appropriating at least $20,000 from Federal Revenue Sharing to cover the costs for next years program. 4. Report on the Lilac Street, Hush Lanes areas The ownership of Cook Inlet Drive be it public riqht-of-way or private property owned by KNA or adjacent property owners is a legal question. The chain link fence that was erected by KNA at the end of Cook Inlet View was put up without any prior knowledge by the City of Kenai. KNA made a request to extend the chain link fence onto the property owned by the i> City of Kenai in Section 36 which was denied. After being called concerning the fence, I did go out to the site and j observed the fence being installed but the City did not participate in any way with its erection. The maintenance of Lilac Street has always been a source of problems with the City of Kenai. When 1 arrived in Kenai in 1977 the improvements on Lilac Street had been enqineered and were presently being put out for construction bid. The street was in horrible shape with poor draingge and full of mud holes. Wince, Corthell, Bryson designed the Improvements which were rather difficult since the area woo relatively flat, the lots were narrow (60,ft), the public right of way or street was narrow (60 ft), and the buildingG along the street were built very close to the right of way. P Because the bulldinq were no close to the street, tonants and owners were parking their vehicles perpendicular to the tir right of wnvin rerdpr to get the drnir►aqu necunnary, ditches were constructed alongside the road. Thin canned a problem to those parking perpendicular In the right of way and they raised an objection. Durinq the construction of thq road, the City of Kenai find connldurahlu problemn with not only the mud but large areas of buried tree otumpo and other debris. This material wan one of the main cauoas of the soft muddy street. The citizons along the street were concerned about the ditches and their usefulness. During the spring breakup I took it tape measure and hip boots with the camera to record the depths of the water in the ditches which I found to be a lanai a foot to 2-1/2 feet deep. In October of 1979, after some complainto from the residents as to why the street was ocheduled for improvement, I contacted Burton Carvor, the bus company. I did this, since I was told that the buses wore constantly getting stuck on Lilac Street and that woo why it was originally scheduled for upgrading. Enclosed is a memo for the record dated October 3, 1979 which explains that prior to our improvement in 1978, the buses, were getting stuck in the mud on that street. Prior to the loot Council meeting, I don't recall talking to Ozzie Ooborne about his problem with the ditch in his front yard, although I understand that he talked with Jack LaShot. It to my understanding that tor. Osborne's front yard is facing Cook Inlet View Drive. The question that he has, I believe, is the ownerohip of the ditch and where his property line to in relationship to the ditch. Again, as I mentioned earlier, the ownership property line boundaries of Cook Inlet View is a legal problem. In looking at Cook Inlet View and the ditch that runs alongside it, it is very apparent that the ditch has been there for a considerable longtii of time by the vegetation that has grown along it. This ditch to a very important drainage ditch for not only Cook Inlet View, but Wildwood Station (toad, the portion toward Wildwood from the Spur Highway. The alleyways shown in the Bush Lanes area are narrow 20-foot alleywaya and are not maintained by the City of Kenai. These alleyways were actually established for running of the newer lines. The City of Kenai has maoy alleys and easements throughout the City of Kenai that are not maintained by the City. A lot of these easements and alleyways have, manholes that do stick up above the ground and there to nothing wrong with that as for as public works is concerned. Unfortunately, Inlet Visions did some cable TV work in this area and did disturb some of our manholes. the lido have been replaced on these manholes. The City of Kenai can go through the alleyways in this area, or any area nj and lower the manhole by removing the none and replacing a nrne mnttholP hnrrrl xlth n mmn!lrr one to hrinn thn tnn of grade down to the surroundinq elevations. These manholes are fairly old and disturbing them may also cause some additional repair work. Th000 things can be done and it is just a matter of time and coat. I have attached a copy of the Bush Lanes area subdivision map for your use. KK/dg 0 Oe 5 t 1 0 v L :S, �• Sol� 1./ .•.• Mlrr�./ l.ru• •1 wpyl MI at ••.1 S ti Attu�ttlrrs �O ti ! r O V ~ 1041011 •##1 ►t tilt Nl• 1• ` vO Ad 1N• am •10 u•f of • O 1 • I..• t.wM. 0 it orb to 10 ,f � R S! r • 1 .�. t • • •� ♦�i � 1 _ u ` 1 i i t rib t �.s ✓00, a k a e t t _ ' o► _ _ 1 ttAtA • to. tots• i. � � i0 i �../ ,ti • � tiffs • t 1 N L �. ti APPROVED By f 0 = ! r, j ��jr��,,s• �f• ftAmi ° twlwsf014 Off gofif"#& A . / •t 'r 44r j • 0 IF .• • ,• jW • i •• �• ti j y'. BUSH LA: OF Ift �g faAltr: /rt1M. % i October 3, 1979 f ITV nc V r M A I 1 I 'I_ %.1 I Vt- NLINMI „ ad ear 4 4Za44a" t..,` , P. O. BOX $00 MAI, ALASKA 99611 t!1[PNONB 409 • 7535 MEMO FAR THE RECORD Keith Kornolis contacted Burton Carver Ruses and talked with Art Rasmusson concerning City Streets and specifically Lilac Street on October 3, 1979. Mr. Rasmusson stated that they have had some problems on this street a couple of years ago with buses getting stuck in the mud. During the last few years, they have not had as much trouble. Mr. Kornolis questioned whether they have had problems with buses going into ditches on Lilac or other City Streets. Mr. Rasmusson stated that they did not have problems at all and last year was an exceptionally good year. They did have a problem with drivers two or three years ago;but since they have had drivers training, it has paid off. He then commented ;^ that in the last two years, the Kenai street maintenance has been good. The snow has been plowed back and Kenai roads have Can exceptionally good. KK/ j et ', . ..ii s41 �., ,. r/1•. KENAI PENINSULA BOROUGH n vr•r1r �n TES �ccr•"dry u[7 C.T n1c MINUTES 1\YVVYr\I\ VY.'.YY• .'.YY. • ... .... JUNEI\19, 1984; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA . A G E N D A - N F'j / 0 Pa i�2 PQP� A. CALL TO ORDER V� yr '0 B. PLEDGE OF ALLEGIANCE y> C. INVOCATION: Pres. Jerry Anderson, LDS Church, Bomar :t ;e D. ROLL CALL 1 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER 1 F. APPROVAL OF MINUTES OF MAY 29, JUNE S, 1984 1 Approved G. COMMITTEE REPORTS Finance (Crawford, Carey, Corr, Dimmick, Glick) 1 �a b) Public Affairs (Sewall, McGahan, Stephens, Douglas, Dale) I (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, Joan, McGahan, Stephens) 1 (f) Sales Tax (Arness, Nash, Carey, Skogstad, Walli) 2 H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 84-109 "Approving the Award of a Contract to cook InTet Construction for the Construction of Lamplight Road Phase II'r (Mayor) 2 Adopted (b) Res. 84.110 "Authorizing a Contract for the construction Inspection of Lamplight Road Phase II in an Amount Estimated at $49,500 to Wince Corthell Bryson" (Mayor) 2 Adopted (c) Res. 84-111, "Approving the Award of a Contract to Hanson 4 Co. for the Clearing and Grubbing of North Fork Road (North Anchor River Road)" (Mayor) 2 Adopted (d) Res. 84.112 "Approving the Award of a Contract to Quality Asphalt for the Construction of Robinson Loop Road Phase I" (Mayor) 2 Adopted (e) Res. 84-113 "Authorizing a Contract for the onstruct on Inspection of Robinson Loop Road Phase I in an Amount Estimated at $105,000 to William Nelson 4 Associates" (Mayor) 2 Adopted I. ORDINANCE HEARINGS (a) Ord. 84.42 "An Ordinance Classifying Lands Fore- closed y the Borough for Delinquent Real Property Taxes and Authorizing a Land Sale of Tax Fore- closed Properties" (Mayor) 2 Enacted as Amnd (b) Ord. 84-47 "Approvin an increase in the Kenai enninsula Borough Scgool District's Budget in the Amount of $115,908 for Fiscal Year 1983-84" 3 Enacted J. INTRODUCTION OF ORDINANCES r' _... . -4r ... i:r'—, r. . . s 1...-r . •. —. I . .. . 19 0 . Poste No. (u) Ord. 84-1 "Amending KPB 10.24.080 Pertaining to ewers and Duties of the South Kenai Peninsula Hospital Service Area Board" (McGahan/Dale/ _ oCn�isctsn%uinuuis:�% ienll/ Uuubl as/ nail l/ l,1 1CK ) 1 (Rof Cmto; 1-3) 3 Set 11rng 9/18 (b) Ord. 84.51 "Establishin the College Heights Zoning strict" (Mayo 4 Set Urng (c) Ord. 84.52 "Pertaining to the Board of Equalization 7/17 xFiing of Quorum, and Providing Compensation for Members of the Board of Equalization" (Dimmick) 4 Set Hrng (d) Ord. 84.53 "Rezone of Jots i Through 28, Lots 14 7/17 Through , Block 39, Original Townsito of Seward, and Lots 1 and 2, Block 4, Federal Addition" 5 Set Hrng K. CONSIDERATION OF RESOLUTIONS 7/17 (a) Res. 84.104 "Setting Procedures for Summer Employment —Hiring" (Dimmick) 5 Adopted as Amnd (b) Res. 84.106 "Supporting the Enactment of Federal eg s at on that Would Extend to Local Governments and Officials the Same Protection from Antitrust Liability as Enjoyed by States" (Glick) 7 Adopted (c) Res. 84.108 "Establishing a Special Committee to FormulaTe Senior Citizen Allocation of Funds" (Jeun/Dimmick/Douglas) 8 Adopted (d) Res. 84.114 WITHDRAWN as Amad (e) Res. 84.115 "Authorizing the Transfer of Bond un�the Unassigned Contingency to the McNeil Canyon School Project" (Mayor) 9 Adopted (f) Res. 84.116 "Authorizing the Sale of Surplus Borough FeFsonul Property" (Mayor) 9 Adopted (g) Res. 84-117 WITHDRAWN (h) Res. 84.118 "Providing for the Selection of Lands for conveyance from the State of Alaska Pursuant to the Municipal Selection Act" (Mayor) 9 Adopted (i) Res. 84.119 "Granting a Public Easement Across Borough owned Land Located in the East h Section 12, T4N, RIIW, S.M." (Mayor) 9 Adopted (j) Res. 84-107 "Requesting the Department of Natural Resources and the U.S. Corp of Engineers to Revoke or Modify the Lease or Permit Issued to Cherries, Kiny, $ Cherrier of State Owned Lands in the Sin lehik Boat Harbor for Construction of Certain Dock and Loading Facilities" (Dimmick/Jean) (Reconsideration by McGuhun) 9 Rcn Fld L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting) (a) Ord. 84-43 Hear July 17 (b) Ord. 84-43 Hear July 17 (c) Ord. 84-44 Hear .July 17 (d) Ord, 84-45 Hear July 17 I i i • A 1 i .,4qV INV. (e) Ord. 84.46 flour .July 17 rf! Ord. 94-4y Hear .?ttl:• 17 (g) Ord. 84-49 flour .July 17 (h) Ord. 84-60 flour August 7 M. IIORMAL PRESENTATIONS WITH PRIOR NOTICE N. MAYOR'S REPORT 0. OTHER BUSINESS (a) KPB School District S Your Enrollment Projection 10 No Actn (b) Vacation Proceeding, Redoubt View Subd., Kenai 10 No Actn (c) Vacation Proceeding, Birch Glen Estates, Kenai 10 No Actn (d) Vacation Proceeding, Palo Vorda Subd., Kenai 10 No Actn (e) Vacation Proceeding, Mariner Drive, Homer 10 No Actn (f) Kachomak Riviera Subd., Homer 10 No Actn (S) Vacation Proceeding, Parson's Luke 10 No Actn P. ASSEMBLY AND MAYOR'S COMMENTS 11 (a) Discussion of Hermann Veterans' Discount 11 Excptn Denied Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (July 17, 1084) J f ti 3 F . � u 9 _ i YS Z x ` 1- { I � , KIiNAI PENINSULA 130ROUGII REGULAR ASSEMBLY MEETING MINUTES JUNE 19, 1984; 7:30 I'm, BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A, CALL TO ORDER The meeting was called to order at approximately 7:30 by President Arness, B. PLEDGE OF ALLEGIANCE C. INVOCATION: Pros, Jerry Anderson, LDS Church, Homer The invocation was given by Pros. Anderson following the pledge of allegiance. D. ROLL CALL PRESENT: Assemblymembers Glick, Walli, Corr, Crawford, Carey, Sewall, McGahan, Nash, Arness, Dale, Douglas, Skogstad, Dimmick; Mayor Thompson, Adm. Ass't. Bost, Atty, Boedeker, Finance Director Barton, Assessor Thosas, Clork Brymer ABSENT 4 EXCUSED: Assemblymembers Keene, Stephens and Joan E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER P. APPROVAL OF MINUTES OF MAY 29, JUNE 5, 1984 The minutes were approved as submitted. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Corr, Dimmick, Glick) Mr. Crawford reported the Committee discussed Ord. 84.42 Subst. amended and Ord. 84.47, recommending a "do pass' as well as a "do pass" recommendation on Res. 84.108 and 84-116. He called attention to Res. 84.112 on the Consent Agenda with the blank to be filled in to award to "Quality Asphalt". The amount of the bid was $800,804.42 as shown on the supplemental Memo 84-118, (b) Public Affairs (Sewall, McGuhan, Stephens, Douglas, Dale Mr, Sewall stated the Committee discussed Ord. 84-53 and recommend introduction with a request the ordinance be returned to the Planning Commission for a revision. This will be discussed later. Res. 84-104 and 106 were discussed without reaching a recommendation. Following discussion of Res. 108 the committee will have an amendment and will request the item be referred to the Public Affairs Committee. The Attorney is working on an ordinance regarding Ports and Harbors which should be prepared in time for introduction at the July 17 meeting. (c) Education (Keene, Walli, Skogstad, Nash) Mr. Nash reported the Committee met with Mrb. Bowman to discuss the alternative proposals for the Nikiski School, There will be another meeting with her in 4 or 5 weeks. The Committee did discuss Item 0, Other Business, which is the KPB School District S Yr. Enrollment Projection and request for approval. The committee does not favor approval of the document. (d) Legislative (Dimmick, Arness, Jean, "dash, Crawford, Sewall, Keene, Glick) No meeting. (o) Kenai River (Dale Corr, Dimmick, Glick, Joan, McGahan, Stophens5 r -- r � ♦{�-�1.w-ram >n F�.�- i I= KENAI PENINSULA BOROUGII ASSEMBLY JUGULAR MEETING OF JUNII 19, 1984 Mr. Dulo ro ortod the Commlttuo la studying the small lot recreational uu Invai;u* wiLib ii.0 i'ia"t1i71g 6)111"lianiu!! on~this�druft. (f) Sales Tux (Arnoss, Nash, Carey, Skogstad, Wall!) Mr. Arnoss reported the Special S.-sles Tax Committee mot June 12 and discussod several changes to the proposed draft sales tax ordinunco. Copies will be available soon for the asaombly to review. The next committoo meeting is Juno 26. If. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 84.100 "Approving the Award of a Contract 0 Cook Inot Construction for the Construction of Lamplight Road Phase II" (Mayor) (b) Roo. 84-1 0 "Authorizing a Contract for the construction Ins action of Lamplight Road Phase II in an Amount Astimuted at $40,500 to Winco Corthell Bryson" (Mayor) (c) Res. 8 -111 "Approvinf the Award of a Contract o Hanson Co. for do Clearing and Grubbing of North Pork Road (North Anchor River Road)' (Mayor) (d) Roo, 84.112 "Approving the Award of a Contract o gun ty Asphalt for the Construction of Robinson Loop RoadPhase I" (Mayor) (a) Res 1 84-113 "Authorizing a Contract for the onstruc on Inspection of Robinson Loop Road Phase I in an Amount Estimated at $105,00):to William Nelson 8 Associates" (Mayor) (f) Vacation Proceeding, Redoubt View Subd., Kenai (g) Vacation Proceeding, Birch Glen Estates, Kenai (h) Vacation Proceeding, Palo Verda Subd., Kenai (i) Vacation Proceeding, Mariner Drive, Homer (y) Vacation Proceeding, Kachemak Riviera Subd., Homor President Arnett reported Res, 84.114 and 84.117 are being withdrawn, Mrs. McGahan requested deletion of Item 0 (a) 5 Year Plan. The clerk requested the addition of the Parson's Luke Vacation to the list under Item H. Mrs. McGahan removed the six vacations from the agenda as shown under Item H. President Arness reported the addition to Res. 84.111 of "Quality Asphalt" to fill in the blanks for the Robinson Loop Road project. Mr. Arnett asked if anyone in the public wished to speak on the Res. 84-100 thru 84-113 on the Consent Agenda, AS NO ONE WISHED TO SPEAK MRS. CLICK MOVED APPROVAL OF THE CONSENT AGENDA AS AMENDED, UNANIMOUS CONSENT WAS ASKED AND GRANTED. I. ORDINANCE BEARINGS (a) Ord. 84.42 "An Ordinance Classifying Lands Fore- c o:ada y the Borough for Delinquent Real Property Tuxes and Authorizing u Land Sale of Tax Foreclosed Properties" (Mayor) • 2 - 1 lotr.... �'.,. _.—T .. r.r __ _ _ _ ... .,.-n, .. .rn -.. .. . -.- -. r •:. r = r'r r .I d_I KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DUNE 19, 1984 The ordinance was road by title only as copies were available to the ,/MV♦aV. .YN�.�r IIV ,11 .11� MJJ Y1. �.. .s.uu u�, N/1 a//{Y kJ {/V 4)LV IP L�)le4 {.0 D�IeLLA was closed. MRS. MC GAHAN MOVED ENACTMENT OF ORD. 84-42 SUBST. AMENDED AND THEN MOVED TO AMEND TO INCLUDE THE NEW PARCEL DESCRIPTIONS IN THE PACKET ON THE DESK. UNANIMOUS CONSENT WAS ASKED AND GRANTED ON THE AMENDMENT AND THE MAIN'MOTION FOR ENACTMENT. (b) Ord. 84-47 "Approving an Increase in the Kenai enP— insu�Borougyh School District's Budget in the Amount of $115,908 for Fiscal Your 1983.8411 (Mayor) The ordinance was read by title only as copies wore available for the public. Public hearing was declared open and was closed as no one wished to speak. MRS. GLICK MOVED ENACTMENT OF ORD. 84.47 AND WITHOUT DISCUSSION THE ORDINANCE MET UNANIMOUS APPROVAL. J. INTRODUCTION OF ORDINANCES (a) Ord. 84.1 "Amending KPB 16.24.080 Pertaining to Powers and Duties of the South Kenai Peninsula Hospital Service Area Board" (McGahan/Dale/Stephens DimmLek/Jean/Douglas/Walla/Glick)(Ref Cmto; 1.3) MRS. DIMMICK MOVED TO SET ORDINANCE 84-1 FOR HEARING JULY 17, Attorney Boedeker reported several South Pen. Board Members have requested the hearing be scheduled for September as they will be unable to attend during the summor months. MRS. DIMMICK AGREED TO REVISE THE HEARING DATE TO SEPTEMBER 18, AND THEN MOVED TO AMEND THE ORDINANCE AS SHOWN ON PAGE 84 OF THE PACKET TO INCLUDE THE ENTIRE PAGE OF AMENDMENTS TO SEC. 16.24.080. The subject was opened for public discussion. Mr. Mike Herring, Hosp. Adm. and member of the Special Committee established to submit a recommendation regarding Ord. 84-1. The committee met several times to discuss the propose ordinance. It was agreed following discussions that the existing Ord. 73-33 has not created any problems and should be left in its present form. He referred to the minutes of March 9, 1984 presented tonight which indicates the committee voted 7 to 1 in favor of Ord. 73-33. He requested the assembly vote against introduction of Ord. 84.1. Mr. Strachan agreed with Mr. Herring's statement and had no further comment. As no one also wished to be heard, the subject was returned to the floor. THE DIMMICK AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. MRS. MC GAHAN MOVED TO AMEND THE AMENDMENT BY ADDING THE FOLLOWING TO THE BOTTOM OF THE PREVIOUS AMENDMENT: "Notice of the meeting shall be published in a newspaper of local circulation in the borough. Emergency meetings must be advertised 24 hours in advance of the meeting by a local radio station. The board shall hold a public hearing on the budget each year." Mrs. McGahan reported this amendment will provide the same criteria for meetings as is found in the other service areas' ordinances. UNAN114OUS CONSENT WAS ASKED AND GRANTED. 3 - J `C� i' 9 �l YFNAT PIMMCIII A anDnIlru Acement v nrrtn An urr•t•r\Ir nr T11— { 1 .\4uu Mlu\ Iy44A .1\V vl uVl\4 49, A70Y # I: QUESTION WAS CALLED ED M THE uAiu ►tnT!04 Ac vrAn!)Auunreu�r!!r. nnnruA•�rr WAS INTRODUCED BY VOTE OF 11 YES: 2 NO: CRAWFORD AND CAREY VOTING NO. Mr. Strachan requested the hearing be held in Homer Sept. 18. President Arness reported the Assembly will consider holding the assembly meeting in Homer on that night. (b) Ord. 84-Sl "Establishing the College Heights onZ—ninistrict" (Mayor) MR. DALE MOVED TO SET ORDINANCE FOR HEARING JULY 17. Mr. Crawford stated this type of zoning has been coming for several years and he wished it could be done in quarter sections or larger rather than just a subdivision. Mr. Carey asked if there were penalties for violations of this zoning. Mr. Best reported there are zoning penalties, but could not quote them - tonight. Mr. Carey questioned who would have the power to make the decision that someone has violated the ordinance. Mr. Best report?d the violation would first go to the Planning Commission and then the Administration. He could not recall an instance where a person has been fined for a zoning violation. QUESTION WAS CALLED AND ORDINANCE SET FOR HEARING BY A VOTE OF 12 YES, 1 NO: MR. CAREY VOTING NO. (c) Ord. 84-52 "Pertaining to the Board of Equalization xFi"ing o is Quorum, and Providing Compensation for Members of the Board of Equalization" (Dimmick) MRS. DIMMICK MOVED TO SET ORD. 84-52 FOR HEARING JULY 17. MRS. DIMMICK MOVED TO AMEND THE ORDINANCE AS FOLLOWS: Amend Sec. 1 to change 5.12.040AI to change the word "clerk" in the last line to "assessor." Within Sec. 1, Subsection 5.12.040 C amend to read: The Board of Equalization shall conduct a hearing from 6 p.m. to 7:30 p.m., on the first regular Assembly meeting date after the closing date for filing appeals. In the event that all appeals are not heard at the initial meeting, subsequent hearings) shall be ? scheduled by the assessor to be conducted between the hours of 6 p.m. i and 12:00 midnight until the hearings of all appeals are concluded." At the request of President Arness, Mrs. Dimmick included the amendment in the main motion. Mrs. Dimmick stated the amendment would allow the assembly to conduct the BOE prior to a regular assembly meeting if there were few appeals, rather than having to meet on another date for perhaps one or two i protests. Mrs. McGahan did not see any reason to amend the ordinance. This year there was just a mistake in the advertising of the date which caused a problem. j' Mr. Corr objected to holding BOE hearings prior to a regular assembly T ,'•;, !� meeting, stating the regular meeting agendas are already too long and require the assembly to stay later each time. Committee meetings begin at 4 or S and with the addition of the board hearings makes an extra long evening. J QUESTION WAS CALLED AND THE ORDINANCE SET FOR HEARING BY A VOTE OF 10 YES: 3 NO: GLICK, CORR AND MC GAHAN VOTING NO. 4 - i . i �I _' a /, M KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 19, 1984 i4J Vl Y• 54-55 ;iV4V11V Vi I 1 /IL1"811 1.0, Luca A4 roiTi ugi�, Block 39, Original Townsite of Seward, and Lots 1 and Z, Block 4, Federal Addition" (Mayor) MR. SEWALL MOVED TO SET ORDINANCE FOR HEARING JULY 17. Mr. Sewall reported this is a controversial rezone for Seward and the Committee has requested the ordinance be remanded to the Planning Commission to see if Lots 1 through 5 should be rezoned. This would bring lots under one acre into conformance with the land use plan. There are two petitioners objecting, Mr. and Mrs. Marty Kowalski and Mr. and Mrs. Harold Davis. They do not object to the rezone of the Werner lots but did not want theirs included, and the City would like for the Planning Commission to see if they could not delete lots 14 thru 20 and come back with a plan to rezone lots 1 thru S. He stated the intent was to ask for an extended hearing date, however, Mr. Best believes the change can be made prior to July 17. UNANIMOUS CONSENT WAS ASKED AND GRANTED TO SET ORDINANCE 84-52 FOR HEARING JULY 17. K. CONSIDERATION OF RESOLUTIONS (a) Res. 84-104 "Setting Procedures for Summer Employ- ment Hiring" (Dimmick) MRS. DIMMICK MOVED ADOPTION OF RES. 84-104. She reported that prior to the postponement on June S there were amendments on the floor. For the record, the amendments referred to were: MR. NASH MOVED TO AMEND SEC. 5 BY ADDING TO THE SENTENCE "..where a summer employee is an immediate family member of any employee of the Borough, Assembly member, School District employee or School Board Member..." MRS. GLICK MOVED TO AMEND SEC. S BY ADDING AFTER "IMMEDIATE FAMILY" AT THE END OF THE SENTENCE, "SHALL HAVE ON FILE A CONFLICT OF INTEREST STATEMENT". The President reported the Glick amendment is on the floor at this time. Mrs. Glick believed that these people should file a conflict of interest form at the time of filling out the application for employment. This would then alert the person doing the hiring that the person is related to a borough or school district employee. But after thinking about it further, she did not think the summer hire program should be made cumbersome and THEREFORE WITHDREW HER AMENDMENT. MRS. MC GAHAN MOVED TO DELETE SEC. 4 AND REPLACE WITH A NEW SECTION WHICH WOULD STATE: "That summer employment with the borough is for educational purposes and in order to give the opportunity to the greatest number of youths the employment will be for one summer only." She reported this is the policy used by Standard Oil and it works very well for them. In this way the company is able to distribute the summer work and may hire employees' relations. Mrs. Dimmick did not object to the amendment, except that people may state there is not a great deal of educational benefit provided by these summer jobs. If the amendment does not pass, people should be aware of the summer jobs and the ordinance should include information regarding publication in the newspapers. The benefit should not be provided to a select few. - 5 - I' KFIU4i PENINSULA BOROUGH ASSEMBLY DnCfa An ur-rT•� tr nc *n•�r n. N.. 1A,, ♦+n..V•+ Mr. Sewall c1biected to the McCahan amendment atatinv i ♦ rn..Iri rr.. !4;n borough from rehiring good people. There is no incentive to perform well if there is no possibility to return the following year. Mayor Thompson stated that the first year the young people are hired on the roofing or painting crew, they are more or less a flunky. It takes time to train these people to become experienced crew members. Perhaps the salary is too high and should be adjusted, however, this can be dealt with for next year. The young people need the incentive to do the best job for the borough and be considered for a second or third season. Mr. Carey also opposed the amendment stating that it states we are creating these jobs for the purpose of providing education, which is untrue. When these jobs were made available, education was not the intent. Because of the opposition to the wording, MRS. MCGAHAN CHANGED HER AMENDMENT AS FOLLOWS: "In order to give the opportunity to the greatest number of youths the employment will be for one summer only." FOLLOWING DISCUSSION, QUESTION WAS CALLED AND THE MOTION FAILED BY A VOTE OF 4 YES: 9 NO: VOTING YES WERE MC GAHAN, NASH, ARNESS, DIMMICK. MR. DALE MOVED TO AMEND TO STRIKE SEC. 3 -AND ADD A NEW SEC. S WHICH SHALL READ: "No immediate family member of an employee of the Kenai Peninsula Borough or the Kenai Peninsula Borough School District shall be considered for summer employment." He stated there has been a very serious abuse of the summer hire program as regarding the immediate family members of borough employees. He did not see that the resolution goes far enough in correcting the situation. Filing a notice with the clerk and posting notices on the bulletin board, which is read almost entirely by employees of the borough will not rectify the situation. If training and experience is the consideration given and the same people are rehired year after year, the situation will not be changed. This amendment will create discrimination against the employees' relatives, but not unfairly. It is a part of the price a person pays when taking on the job as a public servant. Mr. Nash stated that he did not wish to discriminate against a $1S00 a month secretary's relative going to work for the borough. He did not believe the purpose of the resolution was to create classes of unfairness, but to provide fairness. He would not support a blanket prohibition such as Mr. Dale's amendment. Mr. Carey opposed the amendment, stating the S00• teachers of the borough should not be penalized because they work for the borough. If this is to be the case, it should be stated in their contracts that they lose the right for their families to have jobs with the borough. This would also apply to the 800• classified personnel. There has been a violation of trust, but we should not penalize all these people. Mr. Corr commented there has to be a way to be fair and equitable without hurting people. Mayor Thompson reported one of the reasons that there are so many borough and school district employees hired is these youths had the 'knowledge that the jobs were open, that the borough hired according to ability and experience and knew when to file the applications. Other people did not realize that there is a date of application. The problem may be solved by giving adequate notification as set forth in - 6 - /' r s - 0 - - � - - ::d►br.:irWrrmvur.r� KFNA1 PENINSULA BOROUGH ASSEMBLY REGULAR MUTING OF JUNF. 19. 1984 Sec. 1 of the resolution. there must be a specific date when the applications will be accepted and specitic date or nire. ibis should solve the problem. MR. DALE WITHDREW HIS AMENDMENT. MRS. DIMMICK MOVED TO AMEND SEC. 1 AS FOLLOWS: "That no person or persons be hired for summer employment positions until such time as the Personnel Department of the Borough has provided notice of the availability of such- position or positions by publishing a single notice in a newspaper of general circulation in the area in which the employment opportunity is available. Addition- ally, the Borough may provide notice of the availability of such positions to local, State or Federal employment service offices; private employment agencies and/or any non profit associations that provide employment placement services." UNANIMOUS CONSENT WAS ASKED AND GRANTED TO THE DIMMICK AMENDMENT. MR. NASH RESTATED HIS MOTION IN SECTION S TO READ WHERE IT STATES "employee of the Borough" to read "employee of the borough or school district, assembly member or school board member." THE MOTION PASSED BY A VOTE OF 10 YES, 3 NO: CORR, CRAWFORD AND CAREY VOTING NO. Mrs. Glick stated a similar resolution was adopted last year and had little effect in correcting the situation. Resolutions are nonbinding and if the assembly is serious, an ordinance should be enacted and should include the setting of salary, the percentage of borough employees that could be hired, the dates for receiving applications and the dates for actual hire. Mrs. Walli drafted a notice of intent to do work for the borough which she read to the assembly. This would provide information regarding relationship to borough employees. The Mayor reported the resolution adopted last year was followed, however, the resolution before the body may solve the problem. A time for receipt of applications will be incorporated. A notice of intent would defeat the idea of the person doing the hiring not knowing if the applicant is related to a borough employee or not. Mr. Carey stated the resolution may help, but people will continue to hire those people they know. AFTER ADDITIONAL DISCUSSION THE RESOLUTION WAS UNANIMOUSLY ADOPTED. (b) Res. 84-106 "Supporting the Enactment of Federal Legislation that Would Extend to Local Governments and Officials the Same Protection from Antitrust Liability as Enjoyed by States" (Glick) MRS. GLICK MOVED ADOPTION OF RES. 84-106. Mrs. Glick stated this subject has come up at many meetings and was a topic of discussion at the WIR meeting in Hawaii and also at the National League of Cities. This may not affect us right now, but could in the future. There are a number of court cases where not only municipalities have been sued but each individual member has been sued. As the people have been sued on a personal liability basis, this takes it out of the realm of the errors and omissions insurance and there are currently several pieces of legislation being considered by Congress that would give protection to municipalities. Hopefully the Governor will address this in the National Governor's Assoc. The Governor's Association presently is opposed to this type of - 7 - vc\uT nc \,tucrn � onnnrrru •rcrunr v nri•nr \n \rcnTrur nr. rnun rn rno. �J 1f—rinl atinn s...• thnv wayr rnt henn h..:-rin.. frnm .wr vari.nr.^. municipalities within their state. Yesterday she talked with Scott Burgess, Executive Director of AML, who has spoken with members of Senator Stevens' office in Washington and they are interested in receiving support in favor of this type of legislation. This will be a topic of discussion at the AML Conference in November. Mrs. McGahan stated as a private citizen she did not favor the { resolution believing citizens should have the right to take the I government to court if they feel the antitrust laws are not being followed. QUESTION WAS CALLED AND RESOLUTION ADOPTED BY A VOTE OF 11 YES: 2 NO: MC GAHAN AND DOUGLAS VOTING NO. (c) Res. 84-108 "Establishing a Special Committee to Formula Senior Citizen Allocation of Funds" (Jean/Dimmick/ Douglas) MR. DOUGLAS MOVED ADOPTION OF RES. 84-109. Ms. Pat Porter, Kenai Sr. Citizens Center, encouraged the assembly to amend the resolution to add a September IS deadline on setting up the guidelines. Future guidelines may revolve around making applications to the State for funding. These applications are due in October. MR. SEWALL MOVED TO AMEND TO ALLOW THE PUBLIC AFFAIRS OR THE FINANCE COMMITTEE HOLD HEARINGS WITH REPRESENTATIVES OF THE SENIOR CITIZEN ORGANIZATIONS. The reason is that either of these committees can handle the request without establishing a special committee of only three members. Mrs. Dimm£ck reported that a number of items are referred to the standing committees with a great deal to do, and the special committee would not need to be an ongoing thing. She opposed Mr. Sewall's amendment. Mr. Crawford opposed the amendment stating hearings are held at budget time on Federal Revenue Sharing, and the hearings for this year have already been accomplished. The special meeting would probably have to meet only once or twice to establish a process for funding. QUESTION WAS CALLED AND THE SEWALL AMENDMENT FAILED BY A VOTE OF 3 YES: 10 NO: SEWALL, MC GAHAN AND ARNESS VOTING YES. MR. NASH MOVED TO AMEND SECTION 1, END OF PARAGRAPH TO ADD "..to be considered by the assembly". MR. DOUGLAS INCORPORATED THE NASH AMENDMENT TO HIS MOTION TO ADOPT. THERE WAS NO OBJECTION. MR. NASH MOVED TO AMEND TO ADD IN SECTION 1 AFTER "established �'. guidelines" add " by September IS, 1984". THE MOTION PASSED BY A VOTE OF 10 YES, 3 NO: CORR, CRAWFORD AND SEWALL I VOTING NO. Mr. Nash commented that someone mentioned earlier the committee should not be limited to three persons, and since there are four assembly districts, the committee should probably consist of one member from I each district and the Chairman. HE MOVED TO AMEND TO INCREASE THE NUMBER OF MEMBERS TO 5 RATHER THAN 3. Mr. Carey stated the important thing is to meet with the senior citizens and prepare the necessary guidelines, the representation on -, the committee and the assembly districts is not involved. QUESTION WAS CALLED AND THE MOTION FAILED BY A VOTE OF 6 YES: 7 NO: GLICK, WALLI, MC GAHAN, NASH, ARNESS AND SKOGSTAD VOTING YES. - 8 . '- 7 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 19, 1984 THE RESOLUTION AS AMENDED PASSED BY UNANIMOUS CONSENT. (d) Res. 84-114 "Transferring Bonds' Funds in the Amount o 1,700,000 to Fund the Homer Highway Maintenance Facility" (Mayor) (WITHDRAWN) (a) Res. 84-115 "Authorizing the Transfer of Bond Funs rom the Unassigned Contingency to the McNeil Canyon School Project" (Mayor) MRS. DIMMICK MOVED ADOPTION OF RES. 84-11S AND THE RESOLUTION WAS UNANIMOUSLY ADOPTED WITHOUT DISCUSSION. (f) Res. 84-116 "Authorizing the Sale of Surplus Borough Personal Property" (Mayor) MRS. DIMMICK MOVED ADOPTION OF RES. 84-116. Mr. Nash questioned if any of the items on the surplus list are new and are any of these items those things routinely approved on the furniture and equipment lists that may have been ordered and then not used. Mayor Thompson stated to the best of his knowledge there are no new items. Mr. Barton reported he has not seen any items that appear to be new, and he would be happy to take Mr. Nash and anyone else on a tour through the surplus property. In reply to questions, Mr. Barton reported the service areas as governmental agencies can acquire some of this property by transfer. The equipment may be obsolete, may need repair, and may be too expensive to repair and should be replaced. UNANIMOUS CONSENT WAS ASKED AND GRANTED. (g) Res. 84-117 "Accepting Proposal for Broadcast of Assembly Meetings" (to be on desk 6-19) (WITHDRAWN) (h) Res. 84-118 "Providing for the Selection of Lands or conveyance from the State of Alaska Pursuant to the Municipal Selection Act" (Mayor) MR. CORR MOVED ADOPTION OF RES. 84-118 AND ASKED UNANIMOUS CONSENT. RESOLUTION WAS ADOPTED WITHOUT OBJECTION. (i) Res. 84-119 "Granting a Public Easement Across Borough Owned Land Located in the East ' Section 12, T4N, RlIW, S.M." (Mayor) MRS. GLICK MOVED ADOPTION OF RES. 84-119 AND ASKED UNANIMOUS CONSENT. RESOLUTION WAS ADOPTED WITHOUT OBJECTION. (j) Res. 84-107 "Requesting the Department of Natural uresocesand the U.S. Corp of Engineers to Revoke or Modify the Lease or Permit Issued to Cherrier, King, $ Cherrier of State Owned Lands in the Ninilchik Boat Harbor for Construction of Certain Dock and Loading Facilities" (Dimmick/Jean) (Reconsideration by McGahan) MRS. MC GAHAN MOVED FOR RECONSIDERATION, and then reported she voted against the resolution and requested reconsideration in order to amend the resolution to delete the word "revoke". There was some assembly agreement that a wrong was done to the first applicant who applied for a permit from DNR and there was a wrong done to the second applicant, who provided all the necessary information and was given the permit. 9 - i *, I 1 /' I., u�_..`___Fir. tA: a - a. x-�n -.. ., .r.�. i r r •..- ..... ....- ..r. r • . ... r.. .. . KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 19, 1984 He has constructed the facility and the fishing season is now la�s . Tilu oaannwiy alwuiu HVL are Lila Lu 10VUAe Illb PCINJIL. 1L should be modified in order for the boats to get in and out of the harbor safely. THE MOTION FAILED BY A VOTE OF 8 YES, 5 NO: CRAWFORD, DALE, DOUGLAS, SKOGSTAD AND DIMMICK VOTING NO. Mr. Best reported Monday afternoon the borough group met with the Director of the Division of Land and Water Management of DNR, Mr.Tom Hawkins along with Kim Kruse and her immediate supervisor. Considerable time was taken in going over the permit. The group requested there be some kind of adjustment made to reduce the hazards involved. The harbor is very crowded and it becomes difficult to get in and out. Mr. Hawkins stated before doing anything, DNR wanted to talk with Cherrier, King and Cherrier. As progress is made they will contact the borough. There was the intent expressed of multiple use of the facility. L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting) (a) Ord. 84-43 "An Ordinance Establishing the Kaliforn- sky Fire Service Area to Provide Fire Protection Services and Providing for an Elected Board" (Mayor) Hear July 17 (b) Ord. 84.43 Alternate "An Ordinance Establishing the Ridgeway/Kalifornsky Fire Service Area to Provide Fire Protection Services and Providing for an Elected Board" (Mayor) Hear July 17 (c) Ord. 84-44 "Authorizing the Receipt of a $SS,500 Grant from the State of Alaska, Department of Administration, for the Purchase of a Fire Tanker Truck and Scuba Equipment" (Mayor)(Bear Creek) Hear July 17 (d) Ord. 84-4S "Authorizing the Receipt of a $S,090 Grant from the State of Alaska, Department of Natural Resources, for the Purchase of Fire Fighting Equipment for the Anchor Point Fire and Emergency Medical Service Area and Appropriating the Funds" (Mayor) Hear July 17 (e) Ord. 84-46 "Authorizing the Receipt of Various Grants from the State of Alaska Totalling $1,000,000 Made by Chapter 45, Session Laws of Alaska 1984, and Appropriating the Funds to Project Accounts" (Mayor) Hear July 17 (f) Ord. 84-48 "Amend the Land Use Plan and Zoning Map for Lot 30, Binkley Subdivision to C-3 General Commercial, City of Soldotna" (Mayor) Hear July 17 (g) Ord. 84-49 "Amend the Land Use Plan for the City of Kenai and Rezone Tract A, Park View Subdivision Section 6, TSN, R11W" (Mayor) Hear July 17 (h) Ord. 84-50 "Amending KPB 21.12 Pertaining to Noxious, Incurious and Hazardous Uses of Land to Include Prolibitions on Use for Disposal of Hazar- dous Wastes" (Nash) Hear August 7 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE (none) 10 - P J I 1 1 M i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 19, 1984 N. MAYOR'S REPORT (none) 0. OTHER BUSINESS (a) KPB School District S Year Enrollment Projection Approval (deleted) P. ASSEMBLY AND MAYOR'S COMMENTS (a) Mr. Crawford called attention to Ord. 84.42, stating each of the pages 1 through 10 should also be dated for identification. MR. CRAWFORD MADE THE REQUEST IN THE FORM OF A MOTION. THERE WAS NO OBJECTION AND SO ORDERED. (b) Mr. Dale requested the Administration send a person to a meeting at the Dept. of Alaska Fish and Game, 1 P.M.. June 21. The meeting relates to the offshore mining permits. The assembly adopted a resolution requesting offshore permitting be delayed for one year or until a coastal zone management plan is adopted. It would be worth- while to have representation at that meeting. (c) Mrs. Glick asked if Mr. Stonebraker was effective in lowering the costs for the Homer High School. The Mayor reported Mr. Stonebraker will be making a monthly report to the Assembly regarding change orders. Mrs. Glick reported the School Board is getting very concerned with the costs. (d) Mrs. Glick referred to the memo regarding to the AML dues. The Borough pays dues to the League based on borough population which includes all the cities. The cities then pay a service fee based on population, which is a flat fee. (e) Mrs. Walli reported the assembly has been approving the change orders for the Homer High School. There should be some justifi- cation shown as to why the change orders took place. There have been local complaints regarding problems arising at the construction site. The Mayor responded that there have been problems with the Homer School construction project. Some of the change orders were brought about by requests from the people of Homer. (f) Mr. Carey reported speaking with a lady in the audience regarding the summer hiring who suggested that first the borough should determine if those applying meet the qualifications and then a lottery be held to determine who will get the jobs. (g) Mr. Carey called attention to the letter from Mr. Glenn Hermann, Homer, Alaska, dated June 17, 1984. Mr. Hermann has requested the assembly consider his case regarding the lottery sale on the Moose Point land. The letter reports submittal of 23 different lottery applications and receipt of a letter from the borough stating he had won the right to purchase lot 49. The brochure published by the borough states that a disabled American veteran who is a Kenai Peninsula Borough resident is entitled to a 50% discount. When Mr. Hermann tried to purchase the land he discovered he would have to be at least SOt disabled to qualify for the discount. He believed the publication was misleading and requested waiver of the $01 disability requirement. Noted for the record: KPB 1.25.020 states that a disabled American veteran is a resident of the borough maintaining a permanent place of abode in the borough who has a SO$ permanent disability..." Mr. Sewall stated since Mr. Hermann had purchased 23 different tickets under the assumption he would receive the veterans benefit, the moral thing to do would be to refund the $115.O0. Mayor Thompson reported the Administration has already agreed to refund his money. 11 - KLNAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF DUNE ly 1984 p MR nnnn mnurn ^sre —+or DISCOUNT. He added that in the future the borough shouldadequately clarify its published notices of sales and the disability benefit. Mrs. McGahan reported she would like to vote for the motion, but did not know how many other disabled veterans did not apply because they knew about the 50% disability clause. She suggested that in future sales there be a 501 discount for all disabled veterans. Attorney Boedeker replied to questions from Mrs. Dimmick, stating that the 501 disability clause was provided by ordinance as well as the time frame for awarding the lottery land sale to the second bidder. Ordinances can only be changed by another ordinance. The Mayor suggested if the ordinance is to be amended later, then a consideration would be to give a percent of discount comparable to the percent of disability. Mr. Douglas supported Mr. Corr's motion, commenting there has been a misrepresentation by the published document. Mr. Hermann is not asking for the $5.00 ticket refund, he is asking the borough to live up to what it has published for the lottery sale. Mr. Nash asked if the assembly is without authority to approve the motion made by Mr. Corr. Attorney Boedeker replied that this is correct. Following additional discussion, QUESTION WAS CALLED AND THE MOTION FAILED BY A VOTE OF 11 NO; 2 YES: CORR AND DOUGLAS VOTING YES. (h) Mr. Carey mentioned reading an article in the paper relating to the number of fires that have been started by fireworks, and noted when the borough was discussing the fireworks ordinance little mention was made of fireworks starting fires. The paper referred to 24 known fires being started by fireworks. (i) Mr. Sewall reported the State Legislature has appropriated $15,000,000 for Phase I of the Correctional facility in Seward. Hopefully some site preparation can begin by October. He reported Res. 84-65 authorized transfer to the City of Seward the 22S acres needed for the prison site, which included a reversionary clause to protect the interest of the borough. He reported the city does not have any desirable lands to swap with the borough. He would like to see the land given or deeded at a nominal fee with a reversionary clause. Mr. Arness requested a status report on the Seward land transfer for the next meeting. Mr. Best stated he will contact the City and DOT regarding the site plan and testing. The Planning Commission is working on this subject and a report will be forthcoming. (j) Mrs. McGahan called attention to a letter regarding the North Peninsula Road Service Area Board, dated June 19. The letter concerns the awarding of contracts from J.A. Enterprises. Her husband, Richard, is on the road service area board and is an equipment operator himself. His term is up in October and he will not be running again. She stated there were problems last year regarding contracts and equipment. The letter mentions the conflict of interest and political graft on the board. There is reference to Richard McGahan working for M. L. DeShong, a relative. Her COI form attached shows Richard deriving income from M.L.Deshong. This was the 1982 income tax information used on the 1983 COI form. Mr. McGahan has never worked on any road contracts or any borough business that the board has let. Her son Terry filed a COI form in the event he would get to work, but she could not recall that he did. Mrs.McGahan then addressed other issues regarding relatives being on the board. She added it is difficult to get people to file for office on service area boards, and particularly difficult to have people filing on road boards who are not interested in roads. She stated there is not a conflict of - 12 I KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 19, 1984 interest which was not public during the entire period when these (k) Mr. Nash stated he was thinking about the tour of the surplus property offered by Mr. Barton. He requested the administration set a time for the tour, and asked if anyone else was interested in such a tour. Mr. Barton reported the first of next week would be convenient. President Arness requested Messrs. Nash and Barton establish a time and notify the assembly in the event others wish to tour. Mr. Barton stated he would call Messrs. Nash and Carey and establish a time. (1) Mrs. Dimmick expressed appreciation to the Clerk for the work she has done and putting up with all the assemblies over the past 20 years. (m) Mr. Douglas agreed with Mrs. Dimmick, and reported he has the utmost respect for Mrs. Brymer's work and skills. Mr. Douglas stated he was troubled about the Hermann request. Here is a citizen, a taxpayer, who has served and protected his country by putting his life on the line and the assembly sits here and states it cannot do anything. The assembly seems to be able to do about anything it wants to do when it is convenient for the borough, but when it comes to a taxpayer in distress then the assembly uses the laws it created to not do anything. (n) Mr. Dale suggested Mr. Carey read more of the papers since his return. Practically every other day there have been fires related to fireworks. Mr. Dale also expressed appreciation to Frances for her contributions to the borough. (o) Mr. Arness reported speaking to a gentlemen during a recess who informed him of a problem on Longmere Lake Road. It appears that a large portion of the road is not dedicated and cannot be maintained. The title is held by BLM. Mr. Heavilin is endeavoring to get title from BLM for a dedicated right of way. Until this dedication is received service area funds cannot be used for maintenance. Mr. Arness requested a resolution at the next meeting relative to this road. (p) Mr. Arness requested attorney assistance with a resolution he drafted which is sponsored by the entire assembly. The resolution expressed appreciation to Mrs. Brymer for her 20 years of service to the borough and to the assembly. (q) Mayor Thompson reported the administration and he personally will miss Mrs. Brymer. She has led him through a lot of problems. He asked that she consider coming back with the borough after her leave time has expired. Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA (a) Father Targonsky reported Mrs. Brymer has always been very cooperative and helpful the many times he has been to the Clerk's Office. Father Targonsky reported the Holy Orthodox Church in Kenai is a historical site which provides guided tours through the Church during the summer. For the last 10 years he has volunteered his services as a guide, but the situation now is such that he can on longer volunteer his services. He would like to have a guide on a full time basis during the summer. The parish is unable to do this, the members are of low income and cannot support the guide. As many tourists come to view this historical land mark, he requested for a season of 70 to 100 days, $3.35 per hour, for a total of $2,000 to $3,OW1. He hoped the assembly could assist through Resource Development or other source. - 13 - r ' r yJ�.wZ �� - _:t�i-r .11�. t�%f'-Iilri',> _ _ _ - r'w.• + w KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 19, 1984 y Tiio %iWA6i► uwa IWL Neu& 4v b1#4t&V a lee, out must nave someone available at the Church when people are touring. Several members suggested means of raising funds, such as providing a taped tour, providing brochures for which a foe is charged, asking for donations, or requesting church volunteers. The Mayor reported Father Targonsky has a beautiful voice and could perhaps tape and sell rellgious songs. (b) Chris Martin spoke thanking the Clerk for her many years of service she has given to the public and to the borough. (c) Mr. Brad Bradney, Brown's Road, reported the assembly discussed summer hire and mentioned the conflict of interest. He questioned if there is a conflict of interest provision for permanent people. President Arness reported there is such an ordinance. In reply to Father Targonsky's request, perhaps the Clarion could assist with articles whereby donations would be provided. R. INFORMATIONAL MATERIALS AND REPORTS President Arness called attention to the informational materials and reports in the packet tonight. S. NOTICE OF NEXT MEETING AND ADJOURNMENT (July 17, 1984) Meeting adjourned at 11:45 P.M. Date r ved: J rep mess, Assembly PrMden-t ATTB T: poroup Clerk (I 1/ rJ • I . i �I M 9 �Ir i 14 • J 1 I � i a r. .„..-, . .....n.-eaF_.,. i�L__. _ - __ —_ —___ - —_ _._ . - "- - i ,•w �r, e .,r.n-. s-, .-�.a. ..T-- - .. .. :J carmen vincent gintoli. architect �kenai,alaska 99 a°, suite 330 907 283.7732 July 24, 1984 City of Kenai 210 Fidalgo Kenai, Alaska 99611 Attention: Keith Kornelis, Director Public Works Department Re: Invoice for Architectural Services Kenai Community Library Contract Documents 0 Termination ' PHASE FEE BILLED RECEIVED _ Schematic Designs $9,336.00 $9,336.00 $9,336.00 " Design Development $9,336.00 $9,336.00 $9,336.00 ' " Contract Documents $16.804.80 * Bidding Phase $1,867.20 ' -0- -0- Observation _ _ Due This Invoice $15,304.80 Previous Earned $18,672.00 7 Total Earned $33,976.80 " Less Payments $18.672.00 Due $15,304.80 * This was reduced $1.500.00 to credit you with the amount allocated for the specifications. ..... . ........".. to t J I; • PAX LST!MATE CITY Of IENA! ...Project THomPSON PAPY. ROAD IMPROVE. EXTS Contractor Coaisssctt^^ L'� imp rya, Sac Address„ 4iwnrw�.1 A iYC 9.940,) -Phone n rlr" .AKf . . +t N0: z/:�: y♦ i y Project No. 84-ZZ Period From _ 7/3/84 to 7 2 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount ' , :. 2 . g �i5 .OROn Net change by change orders .Adjusted contract amount to date — p `•Q " ....� • AVALYS'S 07 WORK CVPLETCD •���'•.. Original contract work cnmp2^.fed 26fte" 7": 4.��39.z0 Additions from change orders com»l,eted -0- - U Materials stored at close of period _o_ rC . aO7 Total carncd()-Q40= ® Less retainage of to Percent 9 Total earned le-s retainage0-0- _ 57 Z3q 975 If tt► Less amount of previous pavnents _ 104110.02 ✓ ��- 1© • Balance due th_a pavrient 13S. SbS. 1i, cc: Contractor ungtructiun Cnt Miteo, Inc. . �._.Tao, Y9000, kv 9d' • . M1 a /' A,4114 ' If .. • �. t �i's.ilt�j�1 A Y ESTIMATE H 0. "W-'iCERTIFICATION OF CONTRACTOR r+a TvAesad.m(t to the bear of my knuwltJAt and belief, I cefft(v t4ar all items and .mounts shown on the face of this Peritdle Gidwo r.., .fa PAnial Psvnten: are correct; that all leak has been rrrftrmaro and/or mater•at supplied in full accordance with the tttqaiasreMs . • d the ralttenceJ Conaact. And -or Jule +u::sotsied drei.:•sons, subst-eut.on e. alletations. and/or addittons; that the (aevjl R L a glut yf..and corte:t statcmrnt d• the contract +ret•um up to and mvieJsns the last uay of the period Coveted by this Periedie Ulbasest that no pill of thepe'•tlal.nee Due Thin Patmcs t" has been rt•:cooed. and that the undtrsijned ottd his sebtenetattors hat>sts(QisN r► 'ANee0d' fine), :s. t •i a. 0Complied with all the labor provisions of sail contract. 10' b. Complied with all the'„tbor prowosions of s+iJ contract except in those instances whose an laoiottadisewpti/sssbBi we Speer to said labor limvistons. (It (b) ie enpekoe, dpscrsae erleffr aeture ,l acenu,e.) .a•.! f- tyryction- Un] forted. Tn - - By ! ♦C a� /Cw.uncto.! / (Sign-, or AtatawitN T e Y 21 . 198�— Titit �e++ii .;fit 41. All '•r; i j•D��,,.ORTiFICATION OF ARCHITECT OR ENGINEER n ems" :I loftily that I have checked end verified the above and (otcFuinK :* riolie Estimate for P+rfist PAytnest=thatttfettt41sR #% ,W,- blotel*d a aaJ belle( it is a trw: +esJ coret•et statement of w♦r< redurmed &oJ/or material supplied by the ouettsesa; unwo .11 York +lid/a material included in this Ptrrtudie t:stsm+te !t+s beao rnspa•cttJ by me and: of by my dory sutiteristd ap/ta/iastin a .•' atststants and tn+t it 'La's been ParfnrmaJ .::sJ err surp!1e: in lu'•I .sae arJaauc Ni•st requirtownes of tlae relerenca eoatact; aid • ; :; "•shot pausal p+ymvnt cla.me.l +t:J regqaw %uemed by the contr+e s, rurtectly rumpuaed on the basis of work periortttpd sewdit rAmis ,:stialsupplwJ 'a Jim 1 � d f►raasteeadrvneospor nee. Corthell,�ry:jun Date g24, /4 F .. ' �.. ,. PRE•PAYOAENT CERTIFICATION BY FIES.D ENGINEER „ ,.•. EMI Caeeertyle of Parmost eerrrfselr e1 mire cfwcted ch.,. estsm,atc +tc ain,t the cuntr+ec.lr', 54 hedole of Am.srosta few Ctntruct Poyatents. the news ANJ R14ttb tti Oy tnopea.tsun. sit the Proofed.•.: nJ Ust• ra•tfl.Jsa r.•r.rrt, ,ut•mftt. ♦t !ry •he +rchacet r16 n1,ineef. It $s otv srinida that the sutetetrat of " work rwtwm.•d .ors.! ut nt.0ers.0% ,tef•rimd .+ ar. uf+te, rut !hr ...sett+ardr ss d)bWrvsleK the Mqueteseeaes ate tits ct WAIPUAW shit the eunu+.tor •h,ww !rc rise, file +muunt requa•-led .sh $n 1131 Cattily 111.81 .011 Work AIIJ .a lnatatoil, unJer the c.Wsv+: f tat1 lwen insPtclud by me and that it has been prftortaaai eid.'st sttro pleads l:lc.ote Uuu J.rsx%un else Celli; swots u( tha uslttlat. plaid '0 Moos, Corthell, Bryson triple rf ower) cow, AppfoareJ jCoeveardae W t K11 e fusee! .;C %% 7 7000. ivo.9 1-J carmen dincent gintoii, architect 'lain +r'MA*M_.y . 91!�� _ wuy •• •• :...u:::i vwu, Oul iG ddV kenal, alaska 99611 9Q7 283.7732 ��.. 0 .J July 24, 1984� JUL ION RECE1VE0 rCity Of raw City of Kenai �iPublicworm DVL 210 Fidalgo::`� Kenai, Alaska 99611 , Attention: Keith Kornelis, Director Public Works Department Re: Invoice for Architectural Services Kenai Police Department Contract Documents @ 90Z (Drawings 100%) PHASE FEE BILLED RECEIVED Schematic Designs $8,520.00-- $8,520.00 $8,520.00 Design Development $8,520.00-' $8,520.00 $8,520.00 Contract Documents $15,336.0e $13,802.00./ -0- Bidding $1,704.00--1 -0- -0- Observation - ,900.00 -0- -0- Due This Invoice $13,802.00 J Previous Earned $17,040.00 Total Earned $30,842.00 Less Payments $17,040.00 ✓ Due 3 802 00 .. I 1 1 I I'41 ,,• Wi'f'f � 1 lnlce�rs /V •F P.O. B0X IBBB KENAI, AL CONSULTING ENGINEERS STRUCTURAL / CIVIL / PLANMNG '%July 25, 1984 21 g9, ° .11 AN �f3r OP City of Kenai '~ K8 P.O. Box 580 • City of Kenai, ptKs Ak. 99611 S T A T E M E N T #8326 - Lake, Marine, Granite Point, FBO FINAL BILLING Previous Services Through 5/31/84: $27,889.67 Original Contract Amount: Previous Services Under Additional Contract: 2,720.00 Additional Contract Amount: TOTAL CONTRACT AMOUNT: ° 7/23/84 PRINTING b BINDING (Ak. Kwik Kopy #2014) 580.80 LESS PAYMENTS RECEIVED. - Balance Due: F> ° 7.Z91. Y9000, to f� --TAPPROVED Ely ciry 0? %ENA) CP 8-/'P`1 F0� "17Y MANAGER ........... W...._... � . r.. �Q.. RKS = l �c'ri rLE K .......... .............. ........_�.w. _....... 18071 SB3-3Be3 �;V f:v- /5' $21,800.00 $ 2,900.00 24,700.00 1 ?(24,5520.00 s� •; i ALASKA KWIK KOPY'S Box 3572 Kenai, Alaska 99611 140 Willow Street (907) 283.5925 W V ' O Z t O v LL \i L W 16U � u W O > Z i t S060�T9 / �/i STA 6 NO. clTv STAY& zip CUSTOMER'S ORDER SALESMAN TEAMS SHIP090 TO clyv r 0.4. 7 SYM ZIP GATE--'P ' 11.1. . , OUIANTITYJ DESCRIPTION UNIT PRICE AMOUNT RECEIVED BY r • SUBTOTAL % TAX TOTAL '= � �� � /i : a /f PAY ESTIMATE NU:8-Final CITY OF KENAI 17 rfF-D - /6 Project Haller, Evergreen & McKinlev, 3rd, 4th, 27th & 32nd 1983 Sanitary Sewer, water Main b Street Irprovements Contractor Zubeck, Inc. j Address Star Route 3 Kenai, Alaska 99611 Project No. N/A Phone (907) 283-7369 Period From 22&84._ to 7-25-84 j ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE (1 Original contract amount $1,785,076.00 CG set cha::-e by change orders 86,141.67f U Adjusted contract amount to date $1,871,217.67' ANALYSIS OF WORK CMPLF.TED OOriginal contract work completed 1,772,513.19 � OS Addition~ from change orders completed 74,801.81' ri Material.; stored at close or period 0.00 C Total r:srnedf 2 .0; +02 1,847,315.00 OLess retainage of 0 percent 0.00 O1'•� t:t ! u:::'....! ! �_ rc t :t i :::: ;r - s 1,847,315.00 011, Lr :::. t:::: � . ; :. i at:. ;�.�� r!�•:► t : 1,800,471.25 !:' fsalan:v ::a• ,!:i. pa r;oat 46„843.75 "r �::: t: •.....::; ;;, : Zubeck, Inc. 1: •:: i n L• r r / M. Tauriainen, P.E. Ail V C CT! kR A TC I':1 tc 2 0 f 10 I'1 V a—!'•inal ; CERTIFICATION OF CONTRACTOR According to the ?r%t of my kno%-IcJltc and belief. I certify that sit items and amounts shown on the tact of this Periodic Estimate for Parts.tl itayr. ant ate correct; that all work has been per(otmeJ iftVar macetial supplied in full accordance with the tepuitectents sit the reteren••eJ Contract. and it July .tushotifed Jevistiuns. substitutions. alterations. and/or additions; that she foregoing is a true and cotrues rt•t:u .1crt or the contt.tes account tip to and inclining the last Jay of thv period covered by this Periodic Estimate; this no Fars of she "UslAece Due This Pa)•ntunt" has been received. and that the unJursiYned and his aibcontraetOra haee-(CAIek anP'/*sat. ties.) . a. Complivol with Al the labor provisions of said contract. b. ConpiieJ s ith all the labor provisions of said contract cxeepC in those instances where an honest dispute exists with re- eFeet tv 0.814 tabor ptovisions. (11 (b) is sheeked. dererloe taretry nature of dispute.) 13y Coemcwtt (Iltsnstaa of Authasae epresewtative) j �s CERTIFICATION OF ARCHITECT OR ENGINEER I certify that I havv chcekcd anJ verified the above and forv)coing Pcriwlic Cstimttu low Partial Payment; that to Chu best of my knowleJtte and M:livi it Ie a true and eMreet stasumenf of work petformuJ anJ•'or material .uppliuJ by she eontraerw; that all work ind:ur m.steriii /neluJvd in thin PuriuJic Estimate has been inspvctvd by Ina and •.It by my Jusy suthlwizeJ roprvsentativa of aetistant. AeJ that It 11.3% been ; erfertne.1 and/or supplied in full accordance with requiramvns< of tine rettcrenec contascr. And 'hat partial Svment .•Iaunvol and tvyuvtstvd ate• t,ai auppl •, ':oast.. CC 8'� APPROVED BY CITY OF ICENAI kk� iifneJ MANAGER .,,.�.. 1I--- WANCE ».&Ad a nova w � •ur .r► Lt3' 01l1SLIC WORKS Q ):?TM.*ty .. It Ise 7 i Zs iTY CLERK p Pa.E.) AYM.E••T C?PT/FICA . BYFIE O ENGINEER ORMAL COPY TO w . 1•.l .. •s v .. un.r .. .ql: r... t.N' $:74•.'•r)r ..1 .{:•,xpr1 •. l.•r t' •rt •J.I )'..•p:.•nl w. :!••• n..tc+ awn r •'••r: .•f my u;-r. r.• : t. •. u: so" . • .. ... .I•/. t n... It . rtly .-rsawfs :h It M.• : +•.• Ac n:.•r . .1 ; .. ..::.I'• • rt n.' .. .. . ..!•.. f•.tlgp PI. t•t..•1 tl•:• ..n'. , a:. . . .. .1• .... .. ... .. . 1 .. ! . .... ..It .. .: 1..•..'n j•t'/TJSI". .. II+.•'Jr .y� -r. n. 1lnitnr t.•. r ....vl..1_ o.-a •.. � +•i• � i � t .. �i:ji�,a`ii. u rw.,�u,au�, diu, •IU1, L/C1i bt S.GIKI 1953 Sanitary Snwnr_ Ulntnr Main ti St•rn�r4• Ttt+r�r�x,n.mn,•n (1.•ininal {'n..r«.�,•� ilmn!!•,! 'rrr_t r•- r:..s.. Item Quant i ty. No. Itc17 ncscription and Unit Bid Totn1 Unit Price (Irtit Cost Quantity Amount Schedule A 20.02 Clearing & Grubbina 1.8 Acre $1,755.00 S 3,159.00 3.86 6,774.30 c v tion 3,170 2.50 7,925.00 5.504 13 760.00' 2 Unusable Excavation 47,165 2.60 22 629.00 40.313 104 813.80 Type III Classified Fill 20.05( d ckfill 12 070 3.00 36,210.00 15,145 45 435.00 20.05(yType I Classified Fill 10 250 5.00 51 250.00 14.592 72 960.00 20.07(Ift excavation and fill 8' zone 1,379 LF 5.00 6,895.00 5 946 29 730.00 20.07( Trench excavation and 5 6.00 24 150.00 6.501 39 006.00 20.07( Trench excavation and ' 7.00 49,728.00 59107, 35.749.00 20.07(4 Trench excavation and 8.00 44,720.00 943 7,544.00 .07(5 Trench excavation and A 225.00 501 4 509.00 Trench excavation and ' ' clapfsh zone 201 LF 10.00 2,010.00 80 800.00 20.19 Remove Existing Pavement + 335 SY 1.00 ` 335.00 322.1 1 322.1 40.02 A.C. Pavement (Class C) 1,505 SY 20.00 30,100.00 1,189.53 23 790.60 50.02 Furnish and install 151' C"1P (1;' a ieAl 14 g- ��'..�1.903.5,E_ 162. 1297 18 158.00 iFurnish r. install 18" CMP f I � 1ra 1r_1_ral - ct;aaL-j4-V, oily" 1.282 I.F , 10.00 � 23,076.00 4 1,302 I 23,436.00 Furnish ans install 8" DIP ! '133.',)37.0Q 0.53r; •-f uz.: _ ► 70«j t_r. - 17_on 7.1731 121,941.00 + 50.02 (4) Furnish :. in•, tall l2" DIP _,�• Sn Cyr?. it:.w _ *' �8 h.����00 S 1.975i 45.425.00. . Ccnstr-tct �101e ':,'fie Ps _J.a:.r: _._.�23 00 ' 2131 58,800.00 to :-dM IT 92. 4,00 ( 45.871 4,587.00 Connect to L f.:Atir.: i 3�.07 Sanitar: SN.•cr "•a.:n1e 2 each 700.00 1,400.00 31 2,100.00 s Deep Sanit3r;• 5e%.er 50.11 i ' + __ . cAr,.j ter, ?.is i" 14 �C.'L 80n AO 15, 200.00 ! it 1 81800.00 50.12(11Sanita ySower Service I Cc r��Lc+ R8�ch 750.40 55 000.00 101 1 75,750.On tl'.14 Censtruct Clear=t 8" 3 each $00.00 2,400.00 i ' 3 ! 2,400.00 C'�'S ;;8,896.00 �G 746,590.80 • v S, �.M j �! - , 'V. C� ! . .•. .. � Y•, w...... ...... u .�....�..+` f I ,/L4, M411, L/ Ul b JG(lU TO 3 Sanitary' Sewer, Siacer Main b Stroet ing�rovervnts ! 1 (1! a•i!t'�1 ri�i�tr.�,•t llwnt..ty 't'l.t..lt t.^, rt^.tR=1 , Quantit}' Itt.n NO. Iten nt.•seription and Unit aid Total Unit Price unit Cost Quantity Amount dule A (oon't.) FIPIICL 0.02(1) sh and InstalrT"-- 50 waterrain 4,254 Lr $ 16.00 $ 68,064.00 4,029 64 464.00 all 60.02(2) ZP CL 50 waterrain -- 3,972 LF 18.00 71,496.00 3 916 70 488.00 s Install ra 0.020 P CL 50 waterr.�ain 1981 LF 20.00 39,620.00 1 994 39 880.001 �60.03 FurnishInstall 1 to Valve, Box and Marker 8 each 700.00 5,600.00 10 7,000.001 ( Zns i60.03 2 to Valve, Box and :4arker 5 each 1830.00 4,150.00 5 4,150.001 sh Install; 60.03 3 to Valve, Box and Marker 3 each 995.00 2,985.00 3 2,985.001 6 0 Installand Fire dram Assemblv(s r) 26 each 350.00 61,100.00 26 i 61,100.00 1 6 .05 1r sh and Instal Water ce Lino 3 4" 74 each ( 650.00 48,100.00 89 57,850.00 ! purnish and Install Slater 0.05MRanace Line 1 1 211 1 each 1500.00 11500.00 4 6,000.00 .03513) 2" Water Service 2ppp.pp 1I 2,0p' 00 .0 just le e 4 each 400.00 11600.00 1 '172,D8 just Main Line valve 13ox to Finish Grade 4 each f 100.00 ! 400.00 3 300.00 11op foil (Contractor {{ 1 I IFU shed) 152.5 MSF!{ 60.00 91150.00 6.87 412.20 152.5 MSFf 50.00 7,625.00 203,264 10,163.20- `ZQ.,2iL.3 $�a i_ L crossings, 15 each 1 2.00 i 30.00 `i 151 30.00- �i installation ! ' ;4,680 ,70.231 '(211 Thick:) Pd.Ft! 1.55 7,254.001 4,6641 7,229.20 !Ptk'rmpiastic Pavement ! , All 2.000.00 1 2,000.00 ! All 2,000.00 P.s-:^.ish and Irz tal l s '2L27 ''ij.ar_ _._ 171.75 S.- - 40.00 _ 6,870.00 171.7.5 6,870.00_ 20.Z:..�x.3;.«•^.t_�;:: r; �C�:! S_ _ 44 ractl.�. _- 100.00 _.� _..._ 4,400.00 � _ t' 52 1 5,200.00 F.:;:3t L':ia=i:•: :'rr.':-�nt/ � .?1.:.:.•....<,.:2r::'_.Ir.:;:all_Czs�f_�-:__2 etslch �. _' n.rjO _ 500.00 1 ! 250.00 p_...:�aI ^: 12 50.00 600.00 18 ! 900.00 7 -L2? 7 eacz 2,600.00 1 18,200.001 8 20,800.00 Connect, to Existing S:atcr , �sZ, ��;•ain `.:a_ _,_ ,_ 5 each 250.00 1, 250.00 1 1 250.00 Cc.:^act to Eris tirg � _. ._.. _n�;"►1�...,�,,.. ••�j» 2 eacz ',L000.00 2,000.00 • 6 6,006.00 364,494.00 Iv 377,921.60 ' - r I PAY. 4' ® r ., 8 5 10 L 10110r, zvergreen 5 McKinley, 3rd, 4th, 27th & 32nd TS'd3 S -EarY 8040r, f atet�r Street I rovements Totat to date Ito -..I Quantity No. Iten poscription and Unit Did Total thlit Price unit Cost Quantity amount 60.04(2)Furnish and Install Hydrant '-"---" 7u s 58 each 75.00 S 4,350.00 2 Furnish and Install 60.94(3 Hvd--t rx` 5 LF 200.00 1,500.00 35.5 7,100.00 !Connect to existing Sanitary - `' 5 each 250.00 1,250.00 ( 70.32 L114-pat!inn 1All1 L. S. 77 000.00 All 77 000.00 .70_in 'IPnrrjrne�rr� 10.33 for maintenance � E 2.00 7.00 36 000.00 8,728 17,456. ;stater 152.5 M Gaj � 1,067.50 122.011 854.07 + chedule 8 ! 1 120.02 learin & Grubbing g ing i , 2.3 acrels 1,755.00 1$ 4,036.50 2.27 3,983.85 120.04(2)1 usable Excavation ( 14,350 Cy 2.60 37,310.00 13,165 34,229.00 20.05(1) III Classified Fill ...a 0,CkI411 ! 460 Cy ( 3.20 I 1,472.001 29205 � 7,056.00 � �� 2e I Classified Fill ''F ' 0 5.00 12 000.01 t 20.07(1)French excavation and 0-8" j 5.00 3.305 576 16 525.00 2 880.00 2A_n7(71Aarkfill 0-10' depth zone 45 LF 1 6.00 270.00� 2.466 14.796.00 (!'tench excavation and 1 I ;2Q-07(31backa411 0-12' de;)th zone 2.160 TY ! 7.00 I 15,120.00 1.639 1 11,473.00 Trench excavation and +20.07{4)'r,fl„Lfi i i a prh �n»A-,1_2.2k LE 8.00 I 18. 220.00 SpLAMM .20.07(5)'Trench excavation and + t I backf l l_ 016•ydepth-w--e ._� -:` �_00 ; 1,575.00 , 24 216.00 20.19 :P.esrove Evisting Paverrent y 265 Si' 1 1.00 265.001 220.2 220.20 '0.02 A.C. Pave:,ent (Class C) 425 SY 20.00 � 8,500.00 ; 370.14 7,402.80 30.0:::i�'-p ros� ca��anizccs steal ! _._ __.;.,�;;;�;:-•,rw �._- 50 L: 15.00 750.00 113 1.695.QQ. `wish ar, i Z^.stall-13"'-C:'.� - -------'-'- »'ca:yer� 401 1^ 12.00 7`27?.0'J 217 3.906.00 �2 .,)Fw-nish and install 8" DIP - ...... ------------ ---- - �-, 0 S' - .._- .�n;tar� Sc%er _.__?•`3?? ' ^--- 17.00 35,G15.00 2,167 36.839,CQ� Cogs b'.'•ri-_t i zuth.7ie 1 : r A . I __-- 52.D.;'1 0'- S`r^; ;cLGr = _._ G each 2,100.00 12,600.00 6 12.600.00 Ij 3M . M Additi onal death to . 19.5 LF 100.00 1,050.006.27 627.00 53. 9 Const-^.:ct Beaver Slide 1 each 250.00 250.00 1 250.00 Sewer Ser.-IcC' ' 19 eac!, 700.00 13, 300. 00 20 ' 14,000.00 :_...• .:: -.•... ._. ...._ _ `, S 290,873 - :Ci 276,708.92 ' /I • � +nrrrrr (taller, EXercTreon & MdUn1 Y, 3rd, 4Lt, 27th & 32nd 083 5anitar; : ec er, water ::ain & street Irprovements ILl:. ianl Contra•_t Arount I Total to Date It on No Iton n�:criptic•a 'quantity and Unit Bid. 'Total L'r.it Price Itnit Cost Quantity amount E ISchedule B (oon't.) 50.12 (2)�Sanitary Sewer Service j " 1_ ch_ ,S 800.00 800.00 1 800.001 50.02 3 10" D.I.P. Watermain " L.F. -20.00 I 800.00 7 1 140.00; 800.00.: '60.02(1) sh and install 6" 2,582 LF 17.00 43 894.00 ( 2.666 45.322.00 rumish and install 6" I 13 each 700.00 500.00 5 3,500.00 60.04(1) h & install fire hydrants i i 11 1 2,350.00 19 400.00 4 1 9,400.00 60.05(l)hinzish and Install dater I I ( - " 650.00 1 12 350.00 20 13 000.00 and Install Water 0.05(2) I i I ih 1.500.00 11500.00 1 00.05(3) and Install Water I " 00 ,70.02 I djust Manhole -Cone 1 each I 400.00 I 400.00 ( 1D I 0.00 :10.08 Mjust Main Line Valve I _ to Finish Grade I I 1 each ! 100.00 100.00 0 70.19 Wop Soil (Contractor I j j _��Q.00 shed) 41.5 MSF't1 60.00 2,490.00 0 0.00 �h�rn 70.20 6e g ' 41.5 rssF ; 50.00 12,075.00 53.846 2,692.30 '48. �e�erlCrossfng each ! 5 250.00 I 5 ' 250.00 Thermoplastic Pavement 1 70.25 mrkings - _..bl�-_' LS 250.00 I All 1 250.00 __1 70.27 #%shish and Install f l' f5tardard�_ _,_ 90.QSF 40.00 t 3,600.00 90.0 3,600.00 20.21 Construct Approaches _ 2 each 100.00 � 200.00 6 600.00 y; j{ 70.29 P meval of Culvert Pipe 1 each 50.00 50.00 ; 1 50.00 70.23- Cersltruct :nfiltraticn Structure 1 each 2,600.00 - 2_ 600.00 0 ! 0.00- : - -t' crC'�nQct to%isti.^c - - ? 60.06 (2) .^- .:ater S'ai:: 1 each 1,000.03 1, 000.00 ; 1 1,000.00 ---�:isn 60.04 f33 _ _ •----_____.,..�_____... G^:.'. Instal: Hydrant rf tw-+s.cr. 1.5 LF 200.00 300.00 _ 6.5 - 1,300.00 _ arant i 60.04(2) 0•:ard Pests 10 each 75.00 750.00 8 � 600.00 - 70.32 Mobilization All LS 15,000.00 All : 15,000.00 Cc:zsect to Eristinc �Sassitary - �`--- - •- ---- 70.17 Se.,gr St.:� 1 200.00 200.00 0 � �.00 1 $ 103, 509.00 - ;� 99,903.50 i. _r s.-.-- ._.y • . .. .. -: I r4 (taller, I•\rerrreen & It Xinlev, 3rd, 4th, 27th & 32nd IYOJ Z.usicazy acmaer, Water min m Street im,�rovements Contract Ano-mit � Total to Date t im quantity �,:. It:.^. O�:crij::::•�i ail Unit 8i.i 1'ot11 linit Price hill, Cost Quantity Amount (Schedule B (con't.) 70.33 water for !*aintenance 41.5 M Ga S 7.00 S 290.50 32.31 226.17-1 i C ISchedule '20. 02 bearing & nn bbing II 3.3 acres 1,755.001 5,791.50 3.12 5,475. 60 - 20.4p[� 1 20.04 2 Usable Excavation Excavation # 2.50 2, I 5,210.00 pnusable 15,300 CY� 2.60� 39,780.001 12.166 31,631.60 20.05(1) III Classified Fill 187 (' 598.40 20.05(2) I Classified Fill ga fill 2, 450 CyI 5.00 12 250.00 3.227 116 135.001 s h.07(2) Trench excavation and I I ackf 0-10' de ne 45 LF 6.00 270.0 1.065 6.390.00 0.07(3) ench excavation and ( f ill 0-12' de th zone 1 965 LFI 7.001 6,755.00. 3 1 �0.07 4 r excavation and 1 I I yench 15 00- Z0-107(5) excavation and I I r 20.07(6)�ench a,.Lfi 11 (-1r's 'genth zone excavation and 87A Tr q.t10_L?.�380_11�.�217 1.953.00 �nLfi 11 0-70, Acpth Z=G in nn.I aso 00 0 0,001.C. Pavement (Class C) weww.,n pw.r Q�rr i 285 SY ! 1.00 1 M I 285.00 252i3q! 2 . 5- 2(1) s an install 15" CMP round %l. steel 14 a. 17a00 I�162 i ! 2.754.00 50.02(2)Ftunfsh & install 181, GjP I . round aal. steel 14 a• culvert 422 LF ; 18._._ 7.596.00 * 439 7,902.00 50.02(3)FUrnish and install 8" DIP l•T. SA Can4 tn.-s azm trn 9 nHA r 50.04(1)Constsvct 'anhole ��yr-.-�• A W-21 Star-dard-depta._. 6 i.12,600-00 _'.7 eac.11_-.2,100-00 ..]A.7no 0-1 50.04(2)Additional depth to %W twle i ---- Z�/FY' a --• _ .... _... -.__11.SS.F _ .�-10II.00_.__1,1i0.00 10_o7 1,m7-=. 50.11 : Deep Sani _a_zn Se-..er •: .� ...- Srami ca r;.'• c ; o _ _ . ---- - - --� GaC.z--• _ ---$5r•.�.i _.__G, �OO.�:�i 8- ---�is$�►Q� 30. 1 {---)_Ca:..:ect_•," Santa: E•rftr Ser.•ice _�.` _. _ �. _ _ �._._._. __ .. _2? :,acl_. _.- _ TOa.OD- --:�, d.►a.Jy--- 29-20,300.00 30.14 Co:nst--uct Cleanout 8" -- 1 each 900.00 900.09 1 900.00 fi0.02 (1) Furnish a.rA install 6" �,. _ _ 1,680 ' 28,560.00 _ nTv r* ^.water..ain--____.,__ 1,.i�JZL� .. 17-A:L 7° A'_Q-n'...: 50.02,2) and install l8„ -•-�1 DCL50 atea__ 6A5W_ __18.02...-..21.5L2.04___ 677 096.00 6," 013 (1) fLrlish and install 6" Ratn t•al•3•�yr_3-f; -,I Lt'p 1 n�rti i^n n7 7�tAr1_��1 i 2-im-nn .... .::........ . _ . :... _ - :v $ 226,029.00 ;� 218,866. 57 A oc10 t`••.\ trnit.,r ir.. _ • ...•.t \ Stu Yul i./ nd 1983�an Sitary Sewer, Water Main & Strnat. Trrnr�ere.w�..�.. an3 Unit Bi'i 11111it 'Totni •I so s 1"a i t Price Cost (')'u:lntity Amount Schedule C (con't.) �- 60. t)4 (1) � Furnish & install Fire Hydrajt 6 2,350.00 -------- naann%IV (sing n jp p�ri I each 14,100.00 6 14,100.00 50.05(1)��ce 1 water Linel 29 each 600.00 17,400.00 27 16,200.00 0 02 'U'St ole nee 1 each '4 400.0 2 39000.00 70:08 (Adjust Main Line valve RnvAg ish Grade 1 each 100.0 100.00� 1 I MOO 100.00 /0.19 Top Soil (Contractor i I 45.0 60.0 2,700.00 I M{� 2.64 158.40 �10.20 Seeding 45 45 MSF 50.01 2,250.00 54,490 2,724.50 70.21 Sewer Crossing 1 each 50.01 50.00p 0.00 ?0.25 Thermoplastic Pavement ( ' Markings == All 250.0 250.00 All 250.00 70.27Furnish and install 47.75 SF 40.00 11910.001 47.75 1,910.00 Z0.21 Construct Approaches 5 each 100.0 500.00 5 � �7•00 .70.29 fItemoval of Culvert Pipe 1 each 50.00! 50.001 1 50.00 :70.28 Construct Infiltration Struct. 3 ea ! 2,600.0 • t 7,800.0 3 17,800.00 ! �60.06 (1) Conssect to Existing Slater ' t to stin Wale �� •! cc2��0p0p0.0O000O���_ 400.00I 60.04 3 ;Additional tiydrantgBarre n. 5 1'Z00;00: 1,100.00� • . 60.04 (2)' Furnish and install hydrant j ' ['aiarA pmt9_ _each__- 75.00! 1.050AM 12 II 1 9m_nn 50.17 i Connect to existing sanitary. + aow 2 earl 200.00 400.00; 2 400,00 70.32 Mobilization All 500.00' 500.00; All { SOO.OD 73.33 Slater :or `aintenarce 45 X Gal 7.00 315.00. 32.70 ! 228.90 'z • '� S 51,275.00. 52,521.80 7 I, i 4 MIN E S T I M A T E P. 9 or 10 P ro j a c t Halier,' Brergrem & McKinley; 3rd, 4th, 27th & 12nd QQW-GA. 9 nU6WJ6 VAC"AS Q9 04.9,= s SCHEDULE OF IL-%Tr-.RIALS STORM AT. CLOSR OF THIS PERIOD (Attach a detailed schedule including quantities for each Item) tach ent."No U024 Invoice Invoice Invoice Date .1faterLal Description '(Vendor, ]Freight, etc. ly -Aw ,U . -, mi ount A C T OTAL 1('0) 0.00 AY ESTIMATE N0 •= Page 10_of 14A ' project Haller, Evergreen a McKinley, 3rd, 4th, 27th 6 32nd 1993Sanitary �ssr- water Mails & a�reset Trrszrrnrer..�r�- Original Contract Amount Total to Date SUP.PLEi10iT TO CO2 Quantity Item EADIE'S LANE - W*S#S7 No. Item Description and Unit Bid, Total Unit Price Unit Cost Quantity •Amount 20.02 Clearing and Grubbing 0.85 AC S1,7SS.00 $1,491.75 0.86 19509.30 � 20.04( )Usable Excavation 500 CY 2.50 1,250.00 '244.1 610.25 20.04( )Unusable Excavation 3000 CY 2.60 7,800.00 3009.7 7 825.22 20.05( )Typeill Classified fill 1620 CY 3.00 4,860.00 595.2 1 785.60 20.05( )Type I Classified Fill 600 CY S.00 3,000.00 '853.0 4.265.00 20.07T Trench Excavation i Backfill 0-8' 300 LF 5.00 11500.00 0 ..0.00 Trench Excavation i , 20. 07 ( ) Sackfill 0-10' 800 LF 6.00 " 4,800.00 509 :3 654.00 n Excavation i , 20.07( P)iackfill0-12' 332 LF 7.00 2, 324.00 621 4 347.00 50.02(" DIP C150 Sewer 560 LF 17.00 9,520.00 18 00 50.14 Constnmt V Cleanout 6- m. 800.00 mw.W 1 1) 50.04( )Construct Manhole TvveA 2 ea. 2,100.00 4,200.00 Additional Depth to 50.04 MH Tvoe A 3 LF 1 00.00 300.00 Sanitary Sevier Sery cg 50.12t Connect 4" 12 ea. 750.00 9,000.00 F h Z 61, DIP 60.02 (�- 4150 water 24ain 672 LF 16.00 10,752.00 621 99936.00 a I Gate Valve, 60.03 Box and Marker 1 ea 700.00 700.00 -1 7AM-AM F i I Fire Hydr. 60.04 ( Assembly 2 ea. 2 350.00 4,700.00 1 2,350.00 F ` I 3/4" Slater 60.05 (k) Service Line 12 12 ea. 650.00 7 800.00 12 7 800. ' 70.23 Pice insulation 2"thicks 160 BdFtl LSS 2 480.00 1,152 1,785.60 _70, 27 i F & I Standard Sians ` 1.5 SFi 40 OOi 60 00 14.25 I 570.00 ( I Connect to Existing •1 A) 60___ ^._6 Water Main Stub i 1 ea. i 250.001 250. 00 1 250.00 60,0 (?)F S I Hvd Guard Posts 6 ea 5.00! 00.00 I 2 I 150.00 60.4.t(3)F S i Hvd. Extensions 3 FT i 200.00I 600.00 '2 406.00 lConnect to Existing { I 50.17 + Sewer Stubs ! 1 ea. � 250.001 250.00 1 •1 250.00 50.02 {3) "Iaterial Differential ! AFSZ I 6"0IP C150 San.Sew: 560 LF i 2.561jj 1 433.60 518 i 326:08 aterial. uItEerentialII 60-02(1)ArSi672 2.5611,720.32 621 1,589.76 i? C50 Water LF :cO S81,Z41.67Ttta•'A»u: J(D r 71,329.81 ,i w it u: n i'ngo0 0 c....0 .� Project hailer. Evorereen & wmnleyy., 3rd, 4t h, 27th & 32nd •1983 Sodt:ary samr, Water Main & Stroar • fCMLOYLt Of COr1TAACT CHAMGt 0908116 (C.0, 01 •wrly Jum'sw NJvf 1004w1 to J/1i ,4 •rfl• fNrYY•1 Now* ss no 0010 I11M0 4for YIWrf 01 d1 @we ou"�l flJ,f.• r AOOMeff{ •o4A/OINo,4. „ �. eQ,l ff/A{:7 AAIQ� • �.. •• :r:QYi.T1OfiQ * •,g/ Q'jJF AA 44 <a1 t, f CN CM&V4i I� � i QAOS*$ • C4MNAACI CMIMK O4CL4 '. , is �;',_ • f it00fC111A110M •� r, : •I' ; r a• ;•• !'.: •.' :'•' 10 4L" Cfn1 OI NLW �OOiO AV QII�M4t O�OLA QQS/ I O*Cgnffg s 0 COMA{ T00 NI. Ot �t 1 6-83 Delivttr & Install Owner Famish 248 L.F. P $14.00 ' Oulvart @ 14.00 L.P. 4,900.00 - 49472:00' 2 M-83 Fndies Imm 81 241.67 71 329.81 Note: Only 248" L.F. of 18t1 t2P was eseeit in the stockpile wid d= owner finmLshed at 14 a L.F. The rar fs fnq 71 L.P. inst ili6d on 2nd . Av�sstic3 •intersections rats• contmetor .' •:: �: ,�.. r, , f ddahed acid therefore payable as item 50.02(Z) 1811 CHP. ThLB is . added on &T. 2, 27th Aura. Refer to Sheet 7. { l'rt'l',tt.:i 869141.67 a 4,801.81 { Approved TI-Mat !� t;o><t r'is:sn•;v sss•.h•rs1 st:.0.1 / -- a Vvdu:: l ano fro* L'asf t s•ac t OAD (c) _- .. o 1 ' Xvs s:::urs •e Ps•e+a c;.t1. 74,801.81 05-1: %u 0r—!vr,-s rhmv. rz•N•I.I ♦ho `.-at ra . , Cjf i n �`� , atscsst.r. rs•�a�l? .f! ':atxl :•:rto 1a-1.11 for :hut !ton, ss:a�tttl. i f PROJECT COMPLETED CONTR_ACTOR'R AFFTDAVTT OF REbRA€1A OF LIF.,Nt1 Tos City of Kenai P. O. Box 580 Kenai, Alanka 99611 Projocts 11411er, Evergreen, McKinloy, 3rd, Qth 29th, & 32nd 1983 Sanitary Sower., Water Main and Stroot improvemontn., Contract Dates The undorsigned, purnuant to the Contract Doeumontn, hereby certifies that excopt as lintod bolow, the Roloanes or Waivera of Lion attached horoto include the Contractor, all Rubcontaetorn, all suppliers of matorialn and equipment, and all porformorts of Work, labor or servicon who have or may have liens3 againot any property of the City of Kenai arising in any mannor out of the performance of the Contract roforencod above, The City can ; requiro the Contractor to submit Separate Roloaoug or Waivorn of Liens from Subeontractora and material and equipment suppliera. EXCEPTIONSs if none, write "None". if required by the City of Kenai, the Contractor shall furnioh bond satisfactory to the City of Kenai for each exception or in the alternative, the City of Kenai may withhold final paymont. NBl�Y. n ra for a - ure STATE OF ALASKA )Bl3 THIRD JUDICIAL DISTRICT ) THIS IS TA CERTIFY that on thin7"(9 � da of a3'060% , 1989, Names (L � s t G• .'� .:.Hip P, t� - - -, Tit"�e s of , , Victf, , sing porsseno y Hewn o me or having produced as B ac ory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing inatrumont on behalf of oaid corporation, Notary tau c for A15NO My Commiooion Rxpiress * -i , `=: `) V-1 Irl 1 L ;1 1 f�.'.1.e�r.� i'l�.wr•..� n ..er r r r a-- - ___ __ ... __ _ _ _ __ _ :r>-. �rw�irYrr'a�`.y��--�Itsrss�- �wr• —_. ;�4 — _ ,---`-'...r.... e_..��.r .��.. _ _ _ _ _ _ _ PROJECT COMPLETED CONTRACTOR'S AFF10AVIT OP PAYMENT OF HEATS AND CLAIMS Tos City of Kenai P. O, Dox 500 Kenai, Alaaka 99611 Projects !Pallor, Evergroen, McKinley, 3rd, 4th 27th, A 32nd 1993 Sanitary Sower, Water Main and Street Improvomonta, Contract Dates MAY 26, 1983 The undersigned, purnuant to the Contract Documents for Conatruction, hereby certifies that, except as liatod below, he has paid in full or, has otherwise aatiafied all obligations for all materialn and equipment furninhodf for all work, labor, and serviced performed, and for all indebtedness and elaimo against the Contractor for damageo arining in any manner in connection with the performance of the project referonced above for which the City of Kenai or hio property might in any way be hold responsible. The City of Kenai can request the Contractor to " submit Separate Reloaaess or Waivers; of Liona from Subcontractors and matorial and equipment nuppli©rs. EXCEPTIONSs If none, write "None". If required by the City of Kenai, the Contractor shall furniah bond oatinfactory to the City of Kenai for each exception or in the aitornative, the City of Kenai may withhold final payment. KOH,, contrRestorvTgnsture STATE OF ALASKA THIRD JUDICIAL DISTRICT )ss THIS IS TO CERTIFY that on this � ►�' day of 19890 Names Q�1 4 , Tins of , e nq peraona�-) fknown to too or having pro3ucea safisfaefory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrumont on behalf of said corporation. otary Pu c or as a My Comminnion P,xpireas Q-►�r�� U-1 r .. wxM•dlw___ _-..._IJiI�'t;,:..,,r. I•f er .�.. s, n .e., :a ....�.___•--.... _ __. .., ,,,.__.. i-_. /.TPV nt.VT:t,111 T t -- vr. • • ••r••uu FOR COUNCILvINFORMATION Tranotore of leunue unuor , i,uuu under Amt; 7.id.uiu its) Data Department Amount From To Explanation 7.23-84 Std/Richfield 250.00 Conatr. Admin. Advertluing, printing A - : . " M i 1�IIML C� National Municipal Litigation Center National Municipal Legal Defense Fund AID / J? NEWSLETTER for Municipal Attorneys i Volumu 3, Number 4 ,hsly-AunuHt 1994 AR01114n WHINCTnN CABLE TRLRVISIONs The second compromise agroe- sent regarding federal cable television lagisis- tion appears to be holding togother. Groups representing local governments, and the major organization representing the cable industry, the National Cable Television Association, have endorsed the compromise, although some sombors of the table industry have begun organising in opposition. The compromise is currently being put into legislative form by Congressional staf- fers, and House and Senate approval seems likely at this time. However, with the cable industry's recent victory in the Supreme Court, (see next parAlgraph), it is possible that they will bnek- out of the compromise. .4ome highlights of the compromise include an allowance of a five per- cent franchise fee, gradual deregulation of rates, an establishment of a federal standard for fran- chise renewals, a prohibition in requests for proposals (RFps) which require information ser- vices, and a limitation on local regulation of program content. In the Judicial arena, the Supreme Court has sharply limited state and local governmental au- thority to regulate cable television programming. In a unanimous decision authored by Justice Brennan, the Court struck down an Oklahoma statute which bans cable television wine commercials. In striking down the statute, the Court declared that FCC regulation of cable television indicated that the federal government has pre -@opted the field of interstice cable programming content rs- gulation. Tie Court affirmed local regulation of the franchising process and rates, but used broad language to indicate its displeasure with state and local regulation of program content. A copy of the decision in Capital Cities V, Csisp, No. 82-1795, has been sent to all NIHLO members. IKATV$ The FCC has turned down a variety of ad- ministrative appeals of its decision preempting local regulation of the satellite master antenna television industry, noted in earlier editions of the Newsletter. The decision in Earth Satel- ite Cosrmuniestions, is curroly before t Court o Appea Inc.., nt he District of Columbia. The Court has granted expedited review in the ease, but a decision is not expected for several months. r T� E1VST.4R ENSTAR Natural A.. Pww.w.« P U HO■ 62E8 10-7,-•'.tc t.1 t=. July 12, 1984 OAS •• . W Alaska Public Utilities Commission , 420 L Street, Suite 100 -•;� .: Anchorage, Alaska 99501 Dear Commisslonerss r We have been advised by Union oil Company, operator of the Kenai gas field, that certain royalty owners have demanded increases in the price paid for their share of royalty gas produced from the field, retroactive to January 1, 1977. We have referred to matter to counsel and intend to extend every reasonable effort to protect our customers from such an increase, which we believe is not contractually or legally permissible and is flagrantly against the public interest. It is our understanding that the significant royalty owners in the field are Cook Inlet Region Inc., the United States Government and the State of Alaska. it is also our understanding that the State has not Joined in the demands at this time. Based on Union's representation to US, it appears the alleged liability to date might be in excess of $25 million. We will advise you further when additional information is available, and we may request an informal conference at an early date. Sincerely, ENSTAR Natural Gas Company Dale Teel President DT/dms ccs Tom Stahr, Municipal Light d Power Tom Kolasinski, Chugach Electric Association Capt. Edward France, Elmendorf AFB Sam Sandusky, Marathon off Company t�2�a?fie; bl. L. Bradford, Union Oti Company ✓G� j"o of f�0 �d3,L '°t�kii _ __ I I . I I 11 7j GGzvIT/.� -2%%L, T d/4.� l#40o In JUL Ig" G?y Of KlpU BILL SHEFFIELD, GOVERNOR DEPARTMENT OF PUBLIC MAFNTT RMW t 6 - 1,/V P.O. FOX 1100 Soldotna, Alaska 99669 July 18, 1984 Chief Richard Ross Kenai Police Department 107 S. Willow Kenai, Alaska 99611 Dear Chief Rosss I want to officially express my sincere appreciation for your response in providing manpower on July 5 to the Homer Electric District Office in Soldotna. As you are aware, that situation was extrcmoly volatil6. I want to especially note the professional domanor in which your officers handled themselves which, I feel, not only reflects on the professionalism of your department but also the professionalim of each officer involved. I believe that the control that was used by all officora present enabled us to got through the crisis without phynical injury or property dmmqo. Pleace pass on to those involvixi my sincere appreciation. Be assured of your cooperation and assistance under similar circumtances. Sincerely, C. E., ac r C tachmant oe, Bill Brighton, Komi City Msiager r. 1 �iFoar? � Suggented bys Adminintration CITY OF KENAI ORDINANCE N0. *-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 9 PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY OF KENAI; REGULATING THE DISTRIBUTION OF COMMERCIAL AND NON-COMMERCIAL HANDBILLS; CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISF_S; PROVIDING A LIEN FOR CITY CLEARANCE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. WHEREAS, the daily volume of litter is reaching alarming proportions, and WHEREAS, litter is unsightly, dirty, offensive, and a civic disgrace, and WHEREAS, litter conotitutes a health, fire, and safety hazard, and J WHEREAS, litter is costly and a waste of tax dollars, and WHEREAS, an anti -litter ordinance can result in a savings to taxpayers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, as followss Section 1s K14C 9.10 is hereby repealed and re-ancted as attached* '- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ** day Of **, 1984. TOM E. , MAYOR ATTEST: Janet Whelan, City Clerk First Readings Second Readings �► Effective Dates i • t. i r �33 7 1 1 { rI � ' 4 i 1 I 1 I I 1 a /' n Sr. non r�-_i t:ii- ti -i .,, 3 1 aaun iaowwn dilu "iey be cited as the ensAnti-Litter Ordinance." 9.10.020 Definitionss (a) For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "Aircraft" is any contrivance now known or hereafter invented, used, or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters, lighter -than -air dirigibles, and balloons. (2) "Authorized private receptacle" is a litter storage and collection receptacle as required and authorized or permitted. (3) "City" is the City of Kenai. (4) "Commercial Handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pampletI paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literatures [i] which advertises for sale any merchandise, product, commodity, or thing, or Lii] which directs attention to any business, or mercantile, or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by asleep or [iii] which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit, or [iv] which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is disturbed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. (5) "Garbage" is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. (6) "Litter" is "garbage," "refuse," and "rubbish" as defined herein and all other waste material which, if thrown or deposited so herein prohibited, tends to create a danger to public health, safety, and welfare. (7) "Newspaper" is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, ohall mean and 1 r /i - - --- ----.-.._ 17 !i include any periodical or current magazine regularly !1 puhlinhad with not legs than four loquee per veer: and gold to the public. (8) "Non-Commorcial Handbill" is any printed or written matter, any samplo, or device, dodgor, circular, loaflet, pamphlot, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. (9) "Park" in a perk, reservation, playground, beach, recreation center or any other public area in the City, owned or unod by the City and devoted to active or passive recreation. (10) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. (11) "Private Promises" is any dwelling, houee, building, - or other structure, denigned or used either wholly or in part for private residential purpooea, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. (13) "Public Place" is any and all streets, sidewalks, boulevards, allays, or other public ways and any and all public parko, squares, spaces, grounds, and buildings. (13) "Refuse" is all putrescible and nonputreacible solid wastes (except body wasteo), including, but not limited to, garbage, rubbiah, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. (14) "Rubbish" is nonputrescible solid wastes consisting of both combustible And non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials. (15) "Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary „j rails or tracks. !� 9.10.030 Litter in Public Placess No person shall throw or deposit litter in or upon any s reet, sidewalk, or street side {,i, area, or other public place within the City except in public pj receptacles, in authorized private receptacles for collection, or ,t in official City or Borough dumps. 9.10.040 Placement of Litter in Receptacles So as to Prevent Scatter n s Persons placing litter in public receptacles or in BUt"Orizod private receptacles shall do so in such a manner -' II as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or street side area, or other -:{ public place or upon private property. Z /' 9.10.050 Sweeping Litter Into Gutters Prohibited: No person shall ftwnep Infn or elopnnit in Rny Q1j_ _eri e_reek . Rkre et side area, or other public place within the City the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persona owning or occupying property shall keep the sidewalk or street side area in front of their premises free of litter. 9.10.060 Merchants' Duty to Keep Sidewalks Free of Litters No person owning or -occupying a place oF business shall sweep into or deposit in any gutter, street, street side area, or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk and/or street side area in front of their business premises free of litter. 9.10.070 Litter Thrown by Persons in Vehicles: No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property. 9.10.080 Truck Loads Causing Litters No person shall drive or move any truck or o her vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents, or litter from being blown or deposited upon any street, alley, or other public place. Nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley, or other F public place, mud, dirt, sticky substances, litter, or foreign matter of any kind. 9.10.090 Litter in Parkas No person shall throw or deposit litter in any park w t n t e City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. 9.10.100 Litter in Lakes and Fountaines No person shall throw or deposit litter in any fountain, pond, lake, stream, bay, or any other body of water in a park or elsewhere within the City. 9.10.110 Throwing or Distributing Commercial Handbills in Public Placers No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street, or other public place within the City. Nor shall any person hand out, distribute, or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful ur any sidewalk, street, street side arcs or other public pince within -- v�"Yy .., n yu tother0ceive'thereof,any non-commercialhsndbilltoany�r person willing to accept it. 9.10.120 Placing Commercial and Non -Commercial Handbills on Vehicless No parson steal throw or depot any commercial or nc-n-commercial handbill in or upon any vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a non-commercial handbill to any occupant of a vehicle who is willing to accept it. 9.10.130 Depositing Commercial and Non -Commercial Handbills on Uninhabited or Vacant Premisest No persons shall hrow or — deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. 9.10.140 Prohibiting Distribution of Handbills Where Properly Posted: No person Shall row, deposit# or distribute any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any matter that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. 9.10.150 Distributing Commercial and Non -Commercial Handbills at inhabited Private Premises: a o person shall throw, depoeLtt or s r u e any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidowalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. (b) Exemption for mail and newspapers. The provisions of this chapter shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner 4 a as to prevent their being carried or deposited by the elements upon any street, sidewalk, street side area, or other public place or upon private property. 9.10.160 Dropping Litter from Aircrafts No person in an aircraft shall throw out, drop, or deposit within the City any litter, handbill, or any other object unless first written authorization is obtained from the City Manager. 9.10.170 Posting Notices Prohibited: No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public, to any lamp past, public utility post, or shade tree, or upon any public structure or building, except as may be authorized or required by law. 9.10.180 Litter on Occupied Private Pro ert : No person shall throw or depos litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, street side area, or other public place or upon any private property. 9.10.190 Owner to Maintain Premises free of Litters The owner or person in control of any private property shalI at all times maintain the premises free of litter. Provided, however, that this chapter shall not prohibit the storage of litter in authorized private recepps.,les for collection. 9.10.200 Litter on Vacant Lot>is No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. s! 9.10.210 Clearinq of Litter from 0 en Private Propert b Citys (a) Notice to remove. a Bu ding Inspector is here y su-tfiorized and empowered to notify the owner of any open or j vacant private property within the City or the agent of such owner to properly dispose of litter located on such owner's t property which is dangerous to public health, safety, or welfare. i ! Such notice shall be by Registered Mail, addressed to said owner at his last known address. (b) Action upon non-compliance. Upon the failure, neglect, or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety, or welfare within ten days after receipt of written notice provided in �i sub-aection (a) above, or within twenty days after the date of --r such notice in the event the some is returned because of its inability to make delivery thereof, provided the same was l properly addressed to the last known address of such owner, or 11 5 �I agent, the Building Inspector is hereby authorized and empowered by the City. - /• •, Vv-•r. ��.• v1 YV V.VY• LYV VLY,/VVV♦ (c) Charge included in tax bill. When the City has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate o'f 10: per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to tho owner of such property on the next regular assessment bill forwarded to such owner by the City, and said charge shall be due and payable by said owner at the time of payment of such bill. (d) Recorded statement constitutes lien. Where the full amount due the City is not paid by such owner within thirty days after the disposal of such litter, as provided for in subsections (a) and (b) above, then, and in that case, the Building Inspector shall cause to be recorded in the Finance Department of the City a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said coots and expenses shall be collected in the manner fixed by law for the collection of assessments and ftrther, shall be subject to a delinquent penalty of 10: in the e%ont same is not paid in full on or before the date the assessment bill upon which said charge appears becomaa delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the some is due and collectible as provided by law. 9.10.220 Penaltiess Any person violating any of the provisions of tWrs c ap er shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined in an amount ;i not exceeding One Hundred Dollars. Each day such violation is ! committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 9.10.230 Separsbilitys If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 6 all rl:!.-. JI 9.10.240 Ordinances Repealed: All ordinances and parts of ordinances in conflict with the proviaiona of this nrdinanon ara hereby repealed. 7 W--_ Lj, 11 f� dam-- '�.`-' �✓,��r�.�+ - �.o��a- 7, 7 ff , Ap� 0-060 eA5�.y -a� 4 04--- )24�� el - J i W /r