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HomeMy WebLinkAbout1984-10-17 Council PacketKenai City Council Meeting Packet October 17, 1984 1� F! f q ► AGENDA KENAI CITY COUNCIL - RfGUTAR MEETING. OCTOBER 17, 1984 �,r. ;•i` =hv'" r, .. a PI fOGI' OF AI f FWANCF BPFCIAI. Mf.E'fING - 6SOO P.M. Board of Review tot Gusty 'lubdivision - Daylo/yamomot,o f'• ` '", _� REGULAR NFf.W4 - 70O P.M. ROLL CALL 1. Certification of MewFIer,tion s 2. ,wearing in of'Nombera 3. Election of Vice -Mayor 4. Agenda Approval 5. Consent Agenda *All Items tinted with an noterink(•) are conaldored to be routine and non-controvernlol by the Council and will he approved by one motion, there will be no separate dlncunalon of these Itemn unless a Council member so requests, In which caae the item will he removed from the Consent Agenda and considered In Its normal nequenco on the agenda so part of the General 8. PERSONS PRESENT SCHEDULED TO BE HEARD t, Joseph Langoton Apache Enterprises 2. JoAnn Buzzell - Settinq on Aaaeanments-Magic, Princess, McCollum, Aliak, Cinderella i r ll R C. PUBLIC REARINOS 1. Ordinance 982-04 - Inc, rev/appne. - Senior Citizen Fund - $9,300 ` '-• 0 2. Ordinance 983-94 - Inc, rev/appne. - fire Service �.:- Training Grant - $3,500 3. Ordinance 984-94 - Inc, rev/appne, - State Library " Grant - $10,0O0 4. Ordinance M-84 - Amending Zoning Nap - CIIAP 5. Ordinance 986-84 - Amending Zoning Map - Sprucewood „ 46�Glen Subdivision 6, Ordinance 997-04 - Amending KNC Zoning Code - Uoe 6 Varisnee Permits 7. Ordinance 990-04 - Amending KNC Electrical Code JPV 8, Resolution 84-127 - transfer $2,500 for Compaction end �l•r- Concrete Tests In Police Addition Project 9. Resolution 84-128 - Accepting a Deed of Release from FAA 10, Resolution 84-129 - fatabillat►ing a Policy Regarding Partial Aaaeanment for Road Paving, Water b ;ewer �. Improversento IT. Resolution 84-130 - Awarding Old for 4-wheal Drive, five p4a9enrlef Enclaned Utility (ruck. -Wagon to Hut,chingo Chevrolet y� -_--12. R000lut►on 84-111 - Eatabliahing Policy on Road Maintenance � ov',r. Fi 13, Reefi.ttlOrl 84-132 - Awarding Contract for Construction of Oaton Park Water r, Sewer titenalono 14. Revolution 84-133 - Awarding Con►.roc► for Cons•r,lction of Inlet woods Clearing 4 Grubhinq 15, P,rnolation 84-134 - Adopting Yef►ai'a 19N5-136 raPttnl h Improvement Project-* List 16, Ronolutlon 84-135 - Awarding Contract fat Chti3t185 Decors►.long on Liqht Poles ( 17. Liquor Licwnoe Application - Pliia '►s#politena 11 l 1 1 16 4 D. MINUTTa 1, •hwililor Motif $fill, N'tober S, 19114 L, CORRTSPONDfNICE /Il Y f. OLD Hu!ilNl.65 1. P,uaty Suhdlvialon tenon - yamomutu/haylo G. NEW RUSINEOS 1. 011111a to he Paid, [fills to he Ratified 2. •Requlnitiona fxceedinq 11,000 3. *Ordinance 989-04 - Inc, rev/appno 120,000 for Contract ►now Removal 4. 00rdinaneo 99n-94 - Amending KMC 14,20,020(e)(5) Eliminating Construction of a Building on Interior I. t Linen s,.of gird Inanca 991-04 - Certain City -Owned Lando are not Requited for a Public Purpose 6. Ordinance 992-84 - Inc, rev/appns, in Airport Terminal Parking --- Public Rearing 7, Change Order 02 - Airport Parking Lot a. final Pay fetimste - Quality Asphalt Paving - Airport - $77,408.96 o--• ";,• 8, Diseuselon - Real Estate Contract Requests • f• a. D f A'Super .... ,. �. b. Alaska Industrial Hardware '...' 9. Approval - McLane 6 Assoc, - Inspection 6 5urvoy 10, Inlet Woods C testing 6 Grubbing flames of Chance i Skill - Chamber of Commerce �A a Q „.;•,: 11, Lease Application Lot 1, baron Park Subdivision - ,'r r Car Dealership - Dave Hutchings ` 12, Lesse Application Tracts 0.1 6 8-2, CIIAP Sub, Ili - Retell Mall - John W, Howard - No REPORTS 1. City Manager 2, City Attorney 3. Mayor 4. City Clerk ?' S, finsnoe Director - %•%. 6. Planning 6 Zoning 70 Marbdr Commisaion ` `"' ��• S. Recreation Cumimloslon 9, Library Commission � :;;;,..>.:y"•' 1, PERSONS PRESENT NOT SCHEDULED TO OE HEARD ' ADJOURNMENT :. _ -;:fir•..'- ..—.. l . . . . . ' . . ..'. .. ^ u 140 CITY OF KENAI �, `�, , � • 40d eat oj 44"- 216 MA M x1lim, ow"k #"It NOTICE OF SPECIAL MEETING There will he a npecial meeting of the Kenai City Council on Wednesday, Oct. 17, 1984 at 6sOO PN in the Council Chambers, Purpose of the meeting to to ait ao a Board of Review for Gunty S/D Lease - Doyle/Yamamoto (a,,& 1anst Whelan I/City Clerk DATEDs October 9. 1984 i f i i 3 r { I - i i I " 1 1 � } t I o t r CITY OF KENAI ,� •,O,�l eapr w a f� >14J�„ 210 FIOALt10 KSNAI, ALASKA OW1 TOLL M 113N • 7f10 MEMORANDUM TO$ Honorable Mayor & Hembnra of City Council FROMs Tim Rogers, City Attorney REs Yamamoto/Doyle Competing Leaoe Applicationo, KMC 21,10.060 DATES October 17, 1994 The Members of the Council of the City of Kenai have convened as the result of a filing appealing findingo and recommendationo of the Kenai Advisory Planning & Zoning Comminoion meeting of September 26, 1984 in the matter oft COMPETITIVE LEASE APPLICATION ) LOT 49 GUSTY 511RDIVISION N0. 1 ) PATRICK J. DOYLE and MARY 7. DOYLi, ) RONALD S. YAMAMOTO d/b/a ) LITTLE SKI -MO DRIVE INN RESTAURANT, ) ) ) Applicants ) wherein the Advisory Planning & Zoning Commfoaion recommended granting the lenoe application of Yamamoto. Notice of a de nova hearing by the Council woo first conveyed by phone to counsel for the respected partioo Friday, October 5, followed by written notice dated October 81 1984. The Mayor and Council have proviouoly been provided withs 1. Copies of the October 89 1994 letter to respective counsel. 2. Notice of Appeal by Doyle 3. Kenai Advisory Planning &:Zoning Commiaaion minutes of December 10, 1980, pagan 1 and 2 4. Kenai Advisory Planning is Zoning Commiouion meeting minutes of .September 12, 19840 partial verbatim. I ' i I, 1 /d 5. Kenai Adviuory 111anniny h /_o►►►ny Commie►lion moutinq minuted of September 26, 1904, partial verbatim. 6. Reaponsn to Points on Appeal from applicant Yamamoto's counsel dated October 16, 1984, and received R M a.m. on October 17, 1984. 7. Procenaing Procedure from applicant Yamamoto's counsel dated October 16, 1984, and received 800 a.m, on October 17, 1984. R. Reply to Responne/Motion to Strike from applicant Doyle's counsel dated October 17, 1984, and received 400 p.m. on October 17, 1984. 9. It is recommended that the above enumerated items received by the City and reviewed by Council be marked as exhibits to this proceeding and that this memorandum also be marked as an exhibit to this proceeding. It is further the recommendation of the City Attorney that the Council narrow the scope of this hearing as outlined in the letters to counsel for the respective parties on October 8, 1984, for the purpose of ascertaining which applicant's proposal "...would result in una of the lands for a higher and better purpone with a greater benefit to the City of Kenai and the citizens thereof..." The consideration of the respective applicants' proposals on the basis stated above impliedly rejects arguments submitted by both applicants in pleadings submitted subsequent to the Advisory Planning & Zoning Commission meeting of September 26, 1984. The Council should feel free to question the applicants and their representatives before, durinq, and after their presentational adopt or reject any findings and recommendations of the Advisory Planning & Zoninq Commission; and reach a decision granting a lease application to one of tho parties, if it is in the beat interest of the City to do so. 1 CITY OF KENAI Vd G'apld l aj 41a,�" r r P, O. SOX f00 KtNAI, AIAfKA 99611 - " IRIPNONE fff •tiff MEMORANDUM TOs Hon©rable Mayor h Members of City Council FROMs Tim Rogera, City Attorney REs Administrative Appeals from Board h Commissions DATEs January 4, 1984 An Appeals Board is under a duty to act justly, reasonably, and without abuse of discretion on applications for appeal concerning matters before it. It is a quasi-judicial body, and while strict rules of judicial procedure may not be applicable to the proceeding before it, the attitude and conduct of members of the Board should be judicial and impartial. The hearing should be a public one and is ordinarily in the nature of a de-novo proceedinq and the Board should not refuse arbitrarily to receive and consider material evidence on the ioouos beino presented, Since these hearings are not judicial hearings, they ohould be more or less informal and not subject to strict judicial or technical rulen of procedure. Where no particular method of procedure for the conduct of the hearings is provided for, the hearings must he governed by established rules of the procedure applicable generally to administrative tribunals. The proceedings should be recorded no as to constitute a full and complete statement of the proceedings with particularities +sufficient to enable a court to understand what was done should the matter be appealed for judicial review, The Board should not consider anythinq except the provisions of the laws and facts determinative of the quesition whether the situation warrants or requires the relief for which application is made, tdor can it consider burdens or hardships arininq not from zoninq Lawns but from plat or deed restrictions, since these are not relevant -to proper grounds for relief from zoning reatrictions, Protests and objections should be considered, It is the d!st y of the Hoard to renui re the aubm if aion of evidence to establish farts and it is incumbent on a party to produce evidence if hp decsiren to preserve his right of ,judicial review Paris- 1 1E of nn ndvitrise adtniniistrai ivrt drrr,ttsion. The evidencet rnuut be, ouffieient to juotify the otiminlatrat ive action for which application is made. In thn cassr, of a variance, there shunt. bu oufficient avid►►nce ot, unner.r►nuary t►s►rdni►ii► or difficulty and of conformity with the fundamental purponst of zoning plan, anti conointency with nubutnnt ial ,jutst ine. The has►rind before the Tloord boinq de-novo, the dor,iaton baini appealed from its not conclunive and binding on the Hoard an to ianuon of fart. The Tloard in empowered to nocertain facto from any competent evidence and memboro of the Hoard are entitled to vonaider facto learned by theta from perannal nboervation of the location in quentinn and ourroundinq ronditiona. The Heard may, in the exerciae of ita diacret ion, take a view of the prttminess at any time prior to deciding on an application, and the 13oard may conaidur and rely upon what it now on the view, Where nuch a procedure is fol- lowed, however, the flnard must net forth in the return the facto known to, and acted on, by its members but not otherwiae dio- cloned, Varioua personal ohoervntions of Hoard rnembern have been deemed oufficient evidence for the taking of adminintrative action, The board may consider the recommendation of City officinln but may not oubotitute that .judgment for tW rs. The general rule with reopect to the, hearings it; that witneonssn should be sworn, and their Testimony taken only an oath, unlena the administration of the oath to witnenorsn hoa been waived, Such waiver ahould be upnn thr: consent of the Board no well as the portico. The adrniniatration of a oath io particularly appropriate where material findinqu of fact, must be made on conflicting testimony. Insofar as preaumptiono and burden of proof, it is maintained thats "A party applying or appealing for relief to a zoning board of adjustment or review has the burden of proof of facts entitling him to that relief.... if an applicant saako the allowance by the zoning board of a variance or exception, he has the burden of proving facts entitling him to it; i.e., he has; the burden of aettinq before the zoning board the evidence necensory for exercise of its asn;oned discretion, It follown that failure or innufficiency of proof no to any factor or element essential to the allowance of a variance will defeat the application therefor. ilnleas an applicant is required to entabliah by proof all the ennential elsroents of his rir.Pub to relief, a board of review would have the power to nullify the zoning ordinance under the quire of exceptions or varlancen. Out the burden of proof 19 suatnined by evidence that under special ronditiono a literal enforr;ernent of the proviatono of a Page 2 /" /' znninrf ortlinanr.st will rrtnult to unnrr-wstsnry hartltshrp ,stiff that 1.si npirif, the or(Iinance w111 t)st ohssttrvesl nnrf auhatafit ini jurst.1r.r, dons? Fry aIItowinil it vrtriant!it." Any set inn or der is inn of thn ffoaril rnsint he hanstsf upon far,ttt ors antat) liohed toy the evidencef properly ifit rodsirnd hefoflit 11,, iftit decision of thn Board sits to varianr,stit whore of, tis! r matters rests excltin ivnly within its own (IisinretlOil, but, itu rler,i'sinn inuat, not conotitute an aboina of (I i ne rot lon or powor, nnrf sn this retspeet its alway a nuhject to jtoil iCial rstview nnrf revofran I, The recommend at ions o f C i t, y of f I is l is are not, i ntendsttf t to prevent a Bossrrf of /oninq appeal or the likit from either olrant, inq or rofuoing n permit. Tho artion or ds;r,itsiun of tfttt fionrd its preuumed to he valid. , The Hoard requires a quorum contsitstinrf of four and a majority i, the requiriitc required vote. The Board in required within thirty days after thrt hearingo to render a docinion on the appeal and can imponst appropriate - conditions and oafoquarda in acrordanre with zoninrl ordintinees relative to any matter subject to itis jurinrliction. troy • conditionu irnpoaed tnuat he reatsonable and not arbitrary, sin- neceaaary or opproottive and they count, he relaterf to and incidental to the prop000d uan of the property. Moon, the Roard in not limited to an affirmance or reversal of the ar,tinrrn helnw, but may use its judgment and discretion in making niieh toodf finat ion and attach ouch cundit,iona and rentrirtions to the granting of a , variance as in its opinion ohotild be tflnde, Before arriving at its decinion, the Board nhtiuld make findingo of fact upon the evidence no that any reviewinq autharition may be advioed of the reaooning behind the ffoard'u deciaion eu- pecially where the relief uosigtit is granted. The general rule would neein to he that parties in a zoning proceeding have a right to crofin-examine wit,neanpa offered by fin adversary, f .i(je 3 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 1S 16 17 18 19 20 21 22 23 24 23 26 PMIL M. �JAfN N10�/N,I N 1�►N H► i//KI /ill /,/I tNA1, ALAfrA f/N I L� IfNI >ib.f/II I= R� KENAI CITY COUNCIL KENAI , ALAOKA COMPETITIVE LEASE APPLICATION LOT 4, GUSTY nURVIVIDION NO. 1 PATRICK J, DOYLE And MARY J, DOYLE, RONALD S, YAMAMOTO d/b/a LITTLE SKI -MO DRIVE INN RESTAURANT, Applicants REPLY TO RERPONRE/MOTION TO STRIKE PATRICK 4, DOYLE and MARY .7, DOYLE, by And through their attornoy, PHIL N, NAOH, hereby reply to the RESPONSE TO POINTS ON APPEAL filed by RONALD S, YAMAMOTO which is paginated MOTION TO STRIKE POINTS ON APPEAL, 1, THE COMMISSION FAILED TO FOLLOW THE DIRECTION OF THE CITY COUNCIL BY CONSIDERING AN IMPROPER APPLICATION, As noted by appellants in their Notice of Appeal, there have been three applications filed for the subject proporty: RONALD S, YAMAMOTO And CATHERINE COLETTE YAMAMOTO, TAIL WIND, INC,, filed March 3, 19781 PATRICK J, DOYLE and MARY J, DOYLE, filed May 3, 19841 and RONALD 0, YAMAMOTO d/b/a LITTLE SKI -MO DRIVE INN RESTAURANT, filed August 31, 1984. Mr, Yamamoto states his position thA t because the Yamamoto divorce on June 16, 1981, terminated whstavor interest Catherine Yamamoto may have had in the 1978 lonne application, and because Tail Wind, Inc., was never incorporated, that the Voyles have no standing to object. Mr, Yamamoto/ further asserts that because the City Council hAs ultimate legislative Authority and policy PAGE 1 - REPLY TO ARSPONOE/MOTION TO STRIKE a 1 authority and specific authority to nither remand lease 2 applications back to the Planning and Zoning Commission or reject 3 any application that the Planning and Zoning Commission 4 considered the wrong application, it who harmless error. 6 Mr, Yamamoto's conclusions and inferences, however, are 6 incorrect for several reasons. 7 a, Appellant acknowledges that the City Council had the 8 authority on August 1, 1904, to remand the Doyle application to 9 Planning and Zoning to be reviewed with the 1978 Yamamoto 10 application as a competing application. For the purposes of 11 argument, and not conceding the point, appellant will acknowledge 12 the right of Yamamoto to "submit a supplement. However, Mr. 13 Yamamoto inotoad submitted a now application and the Planning and 14 Zoning Commission considered the new application rather than the 16 1978 application as being the competing application. 16 Mr. Yamamoto to incorrect in his assertion that the 17 divorce in 1981 terminated Catherine's interest in the 1970 18 application. 19 Mr, and Mtn. Yamamoto acquired their interest, whatever 20 it was, as tenants by the entirety. AS 34.15.110(6), Even if they 21 acquired it so joint tenants or co-tenanta, however, it would 22 have been a marital asset for 41visQion by the court in the 23 divorce proceeding, AS 25.24.160. A review of the Decree of 24 Divorce, entered June 16, 1982, certified copies of which have 25 been made a part of this matter by referral to the clerk, fail to 26 disclose any reference to the 1978 application, it was simply not P0406 N. NAO" OF O►IK/ "S Joel$ 9NAO,AmUktoo I$ PACE 2 — REPLY TO RESPONSE/MOTION TO STRIKE coon 99911,914 0 (: t. 1 1 adjudicated and therefore in still the property of both, 2 Van Brocklin v. Van Brocklin, 635 n.2d 11860 1190 (Alaska 1981). 3 Mr. Yamamoto assortn that becaune Tail Wind, Inc,, was 4 never formed, that the name on the 1978 application should be 5 disregarded. AS 10.05.810 provides that persons who assume to act 6 as a corporation without authority are jointly and neverally 7 liable for debts and liabilities incurred or ariaing as a result 8 of such action, and A8 10.05.010 provides that the defense of 9 ultra virus is not available to invalidate an act of a corpora- 10 tion or a transfer of an interest in either real or personal 11 property because the corporation actually lacked capacity. The 12 equitable principal of eutoppol also prevents Mr. Yamamoto from 13 now asserting that Tail Wind, Inc., did not acquire anything. 14 The result is inescapables the August 31st application 15 of RONALD S. YAMAMOTO d/b/a LITTLE SKI -MO DRIVE INN RESTAURANT is 16 not an amendment to the 1978 application filed by RONALD 9* 17 YAMAMOTO and CATHERINE COLETTE YAMAMOTO, TAIL WIND, INC. It was a 18 new application, and consideration of the 1984 Yamamoto applies- 19 tion, instead of the 1978 application as directed by the City 20 Council was error. 21 b. Mr. Yamamoto to also incorrect in his conclusion 22 that the City Council han carte blanche authority to do as it 23 pleases. 24 Mr, Doyle acknowledges that the City Council has 25 absolute authority in matters of policy and legislation. Mr. 26 Doyle also acknowledges that the Council has the authority to 9"ILN.NAGH loase or not lenoe the lands KMC 21,10.035, however, the Council 61"04"v " LAW nr orrKi ws,or, PAGE 3 - REPLY TO R&OPONS9 MOTION TO STRIKE 1 1 I� 1 1 I 2 3 4 5 6 7 - 8 9 : 10 11 12 13 14 15 16 17 �� 18 19 20 21 ' 22 ?j 23 ---- = : 24 25 26 Pw16 N, NAs11 ATfORN{Y AY LAN ,O,r p„146 /91 I/11 ENO AUSNA 00611 NOfI Ea41a may not reject a previous application unless it finds that "a subsequent application would result in use of the lands for a higher and better purpose with a greater benefit to the City of Kenai and the citizens thereof, then the lease will be Issued, .". KMC 21.10.060(d). SUMMARY a. The priority of the lease applications must generally be determined in order to invoke the 'higher and better purpose and greater benefit' standard of KMC 21.10.035. b. The City Council determined an August 1, 1984, that the 1978 Yamamoto application and the 1984 Doyle applications were competitive. Any consideration of the 1984 Yamamoto applicaL;on Is improper. DATED thLs day of October, 1984. PTMN. Nan Attorney for Patrick J. Doyle and Mary J. Doyle 4.1 T r w.ltii:•. j s ae: i ctt:L:: !a.414-4, der .. MI Pbit M. #J40 T._Y. �+�►s�w0�0 PACE 4 - REPLY TO RESPONSE/MOTION TO STRIKE 9 k-" II I 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 � il 19 & s 20 ° `11 21 22 x' v 23 24 25 26 a k, KENAI CITY COUNCIL r• o• KENAI, hLASKA COMPETITIVE LEASE APPLICATTIOItJ ) �h`��' ! •.' Lot 4, GUSTY SUBDIVISION NO. 1 RONALD S. YAMAMOTO, d/b/a LITTLE SKI -MO DRIVE INN RESTAURANT, ) - ( PATRICK J. DOYLE and MARY J. DOYI,E, ) RESPONSE TO POINTS ON APPEAL COMES NOW, RONALD S. YAMAMOTO, by and through his c0unQ01, CUMMINGS & ROUTH, P.C., anti rocspondo to Patrick J. and Mary J. DOY10's Pointe on Appeal. DOYLE'S "POINTS ON APPEAL" 1. THE COMMISSION FAILED TO FOLLOW THE DIRECTION ON THE CITY COUNCIL BY CONSIDERI14G AN IMPROPER APPLICATION. The Voyles contend that three applications have boon filed for the subject property. The City Council iss an improper forum to consider this line of argument. The Doyles argue that because the 1978 application was filed by Ronald S. Yamamoto and Catherine C. Yamamoto, Tailwinds, Inc., Mr. Yamamoto's August 31, 1984 application, is somehow defective in that it failed to include Catherine Yamamoto and Tailwinds, Inc. tor. Yamamoto was granted a Decrees of Divorce on June 16, 1982, dissolving the bonds of matrimony as of June 16, 1901. It is Mr. Yamamoto's position that whatever interest Catherine Yamamoto had in the lease application was terminated by the Decree of Divorco. Page 1 - MOTION TO STRIKE POINTS ON APPEAL DDC/se 10/16/84 151-4 1 2 3 4 4 S 6 7 8 i 9 10 11 12 j 13 14 16 16 17 18 19 s 20 � d ` � N 21 22 23 24 25 26 00, Furthur, Trailwindo, Ines, Willi [rot, and in not, K curporatiurr, rather, is a trade natitu roginterod by Mr.. Yarnalilotc) which at ono tireu flu wrrs Vinu to utto its a nolcling cowpany for tho businonnon on Lot 4, Guuty is►sWlivicrion acid the Little Ski-Mo Routaurtant, lluwavar, 'i'dilwilldn' Inc, war never incorporated, and therefore, wan nothing rrroro than a d/b/a Of Mr. Yamamoto, The Voylos have no standing to raLno any olajeationa concerning a grant of the loam@ to Ronald Yamamoto on behalf of Catherino Ytamarrroto. For purposes of argumont, oven if tho City Counet,l Undo that Mr. Yamamoto had, in fu t, made two applieationu as the Boyles eontond, it makes absolutely no differentia, The Juno 27, 1984 V14nniny and Zoning/ Comnittoo mootinri, wherein the lease application of the t)Qyles woo considered by the CQmr►rittou, rind they reuotamondod approval, slid not create any interest in property. The City Council, after reviewing the facto prosentod by Mr. Yamamoto on August 1, 1984, remanded the Doyle's lease application back to the Planning and Zoning Cerrurisoion for reconoidoration with Hr. Yamamoto's laax* application on a competitive basis. 42-4 of the Charter of the City of Kenai, Alaska vonts in the City Council all powers of the City, including the determination of all matters of policy, rI%o Kenai Municipal C06e 01.10.020 enumorateu that tho Council 11[fl3hall iiavo, and ratsy exorcise, 411 10(jiulative powers riot prohibited by Page 2 - WfIOU TO STRIKY, POINTS QU APPEAL ©AC/ao 10/16/64 151-4 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 w 19 20 21 N d 22 23 24 26 26 law or by thu City ChilCtur." On Auilurst 1, 1994, tho !S<sn4l City Ucsttncil vuulel have rojoated Doylo's3 1isarsEs application its its ant iruty, 4all tpt"d Uoyi<s' cs luKnn appi font ion in ito entirety, or tiont it hack for fllrthQr Lo thij Planning and Zoning Gr9unnl,rtair,n, whi(ith tiuiy did, Wlioth4)r ti►u application at the 1laptemtinr 26, 1994 mootinq of tho plunninU and Zoning Comninnion wan n now application by tor. I Yamamoto or an application from 1970, in all actuality, makes aboulutely no llifforenco l)v(,nug@ tho city connssil wan empowsrud to rstnend 1)oylo'rs lonoo application back in any ovont. Thurofore, atiourainq that, tho Uoylea ara correot and there are throe applicativna, tho conoidaration on Nuptambur 26, 1964 of tho third application by Nr. Yamamoto wua, in all reupects, harmless error. 2. 'fill: N1111)1l18 Ole 111411MOT Atli) 1380T U014' OF All OFFICE BUILDING VIObA OR T11l4 INTIMM OF TIM MATT1110 AUTHOR I ZAT toll. The December 10, 1960 adviaory rocommondation of the City Council by tho planning and Zoning Ceuu4iuuion wrso effectively modified on 3optembor 26, 1904, Mr, Yamaswto trade his presentation before tho Planning and Zoning Commission, informing the Plannin�j and Zoning Commianion that his proposed uno would oncompoos not only office space, but retch and csoffimaruial ursu, The Planning and Zoning COMAission, by unaniruoua vote, recommended that the City Page 3 r Mi'1'ION TO fYl'UIKR VOIgTO OU AVV1rAL, 1)1)C/ss 10/16/94 131-4 ■ I 2 3 4 6 -- ( 7 a I 8 1 9 10 11 12 13 14 15 16 17 18 19 �3 20 G e ` 21 22 ll -- a. ` 23 -- 24 25 26 F I i Council approve Mr. Yamamotu's lease application, therefore overruling their earlier recottunendation. 3. THE FINDING OF HIGHEST AIJD ONST USE OF THE 1984 (SIC) YAMAMOTO APPLICATION FAILED TO CONSIDER T;IH � APPLICANT'S BUSINESS HISTORY. � The Doyles selectively quote KMC 21.10.060(d) to suit their interest. However, KMC 21.10.060(a) provides. Where there are two or more applications for the same airport lands for different uses, then, if the Advisory Planning and Zoning Commission makes a finding that a subsequent application results in the use of the lands for a higher and better purpose wit' a greater benefit to the City of Kenai and the citizens thereof, then the, lease will be issued to such applicant notwithstanding the provisions of Subparagraph (a) dnd (c). (emphasis added) The code requires that the Cotntnission make a finding as to the "use of the lands" in relation to a higher and better purpose with a greater benefit to the City of Kenai. There is absolutely no provision in the Kenai Municipal Code, when reviewing a competing lease application, for tasking a determination such as the Doyles have suggested. The highest and best use of the land is a term of art i 1 Which has boon misinterpreted by Doyle. The higher and better purpose with a greater benefit for the City of Kenai and the citizens thereof refers to the PhY`sical use of the land. The primary factors to consider pursuant to Mr. Labahn, Land Manager, City of Kenai, are Page 4 - MOTIOIJ TO STRIKE POINTS ON APPEAL UDC/se 10/16/84 151-4 I 1 2 3 4 5 -- 6 U 7 8 9 10 11 12 13 14 i� 16 17 18 19 20 21 o � 22 - • 23 24 25 26 v I , (1) the value of the improvements, (2) employment potential in the City of Kenai created by the improvement, (3) relationship to the airport, (4) demand for the activity, and (5) relationship to the existing uses. It is these factors which indicate the higher and better use of the land, not stale information received from a Divorce Decree. DATED at Anchorage, Alaska, this 16 r�day of October, 1984. CUMMINGS & ROUTH, P.C. Attorneys for Ronald Yamamoto By& Dav D. Clark Page 5 - MOTION TO STRIKE POINTS 014 APPEAL DDC/se 10/16/84 151-4 1 p -� I a i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 &� 20 e 21 z�22 v<� 23 24 25 26 01 KENAI CITY COU14CIL KENAI, ALASKA COMPETITIVE LEASE APPLICATTIOIN ) Lot 4, GUSTY SUBDIVISION NO. 1 ) RONALD S. YAMAMOTO, d/b/a ) LITTLE SKI -MO DRIVE INN RESTAURANT, ) PATRICK J. DOYLE and MARY J. DOYLE, ; PROCESSING PROCEDURE On September 26, 1984, the Kenai Advisory Planning and Zoning Commission considered Doyle's application as filed first in time. Pursuant to KMC 21.10.060, priority is given to those applicants who file first in time. Ronald Yamamoto, by and through counsel, since this is a de novo hearing before the City of Kenai, City Council, respectfully asserts that his application was first in time and therefore, should be given priority pursuant to KMC 21.10.060(a). Mr. Yamamoto submitted a lease application on March 3, 1978 for the lease of the subject property, and on August 1, 1984, that lease applcation was remanded to the Planning and Zoning Commission with the instructions to Mr. Yamamoto that he file a supplement to his 1978 application. Therefore, it is clear that Mr. Yamamoto's lease application was the first in time and should be given priority to the Doyle's lease application. In order for the Doyles to oust Mr. Yamamoto from his position, they must, pursuant to KMC 21.10.060(d), make a page 1 - PROCESSING PROCEDURE DDC/se 10/16/84 151-4 0 r /Po 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is lip 19 21 oil P' 22 ly x x v<< 23 24 25 26 Ty nW / i sisowing that their oubsequent application would result in EU39e of the lands for a higher and better purpose with a greater benefit to the City of Kenai and the citizens thereof. Respectfully submitted this 16j!'Uay of October, 1984. CUMMINGS be ROUTH, P.C. Attorneys for Ronald Yamamoto Byt_ t David JV Clark - Page 2 - PROCESSING PROCEDURE UDC/se 10/16/84 151-4 riL"Ll CITY OF KENAI „ d gap4W aj 4"0,f 210 PIOALOO KENAI, ALASKA 9UI1 TELEPHONE 283.7696 MEMORANOU14 TOs I &yor Tom Wagoner rind Knnai City Council FRDMs 8ff Labohn, Land Manogor REs Doyle/Yamamoto Competitive Leaae Applicationo Lot 4, Block 1, Guaty Subdivision No. 1 Kenai Municipal Code 21.10.060 (d) eatabliahes the procedure for evaluating "competitive" lease appilcationa. The Kenai Advisory Planning A Zoning Commioalon hau recommended the issuance of the lease to Mr. Yamamoto booed upon the guidance of the ordinance. Subsequently, Mr. Doyle hau filed an appeal to the City Council as provided in KMC 21.10.060 (d). It io the reoponoibility of the Council to eatabliah specific criteria which find that the "... uoe of Lhe lunda for a higher and better purpose with a greater benefit to the City of Kenai and the citizens thereof..." The Planninq and Zoning Commiaoion rendered their recommendation booed upon the following considerationos (1) Value of propooed improvements (2) Employment potential (3) Compatibility with exiating development (4) Demand for the propooad facility within the City of Kenai (5) Relationahip to the Kenai Municipal Airport JL/dg /` El • 21 .10.040- 21 .10.ON) losiav nr to the tine of t1 land rsppIind for. The application shall expire within nix months after the application hnrs boon made if a lenne hrsa not been entered into hetwoen the City and the opplicant by that time, 1.rrane raton are nub•ject to chonge an the bnain of an appralnal done every nix months on the property applied for. (Ordo 258, 400, 435, 531 ) 21.10.050 ClanrsifLent ton Prior to 1.enrse Re sired: Except for concept mane app ca one toner sod in the rsoct ion below, before accopt.nq applicntiono to lance landa, the area involved shall hags firat boon clannifted for pfsrmittod land ssoen and a land ooe plan of the Bran prepared and publicly pouted in the City Hall officeo. The land uan plan nhall be prepared by the City Planning? Comminnion and approved by the Council prior to panting. 1hn availability of concept laaoao ohall be made known in the posting. (Ordo 258, 531) 21.10.060 ProconaLng Procedures (a) Applications oholl be forwarded toeAdvioury Planning and Zoning Comminrsion upon receipt. The Advioory Planning and Zoning Commionion ohall normally conn.ider applicntiono for oper;ific land* on a first -come, first -nerved baoia if the ComminsLon finda that the application, Su complete and the uoe prnponed in the application Lo the highnot and boat uao and conforma to tho Airport Naoter Plan and other goals net by the Commiouion or the City Council, Vlhero there La difficulty in obtaining a perfected application, detailo no to development plano, etc., or whore the applicant failo to comply with diroctiono or requests of the Advioory Planning and Zoning Commionion, any ouch priority will be lout. If an application for the purchane of CLty-owned landn, previously authorized for male by the Council, in received by the City prior to the Kenai Advisory Planning and Zoning Commianion making an affirmative or nogntivv recommendation to the Council regarding the leano application for tho name property, naid property ohall be offered for hale in accordance with the provioiona of the Code, (b) The City Council oholl normally conuider a lenao propooal only afLor approval of the Advioory Planninq and Zonins3 Commission, However, appstalo of Advianry Planning and Zoning CommLoaion dioapprovol may be made to the City Council, Completed lon000 oiyned by npplicant munt be pre*ented to the City Council within 30 daya after approval by the Advlaory Planning and Zoninq Commionion, 21-4.1 (City of Kenai Stipp. #29 - 7/20/84) 21 . 10 .0611-21 .10.07r) ( c ) Coneoptuni appIir.ntiona rrtitit ivo to unplot tud lnnd and/or unrelencznd landn will ulna he connidarod on a first -come, first-nervod banin under them name conditions not forth above. On approval of concept by the Advinory Planning and Zoning Commionion and the City Council, the applicant in nnnured the right of first rofunal of the lenno following) the determination of a l0000 rate in accordance with entablinhed policy. (d) Where there are two or more applications for the name airport landa for different unno, than if the Advinory Planning & Zoning Commionion maker a finding that a nubnaquont application would roault in use of the lands for a higher and bettor purp000 with a greater benefit•to the City of Kenai and the citizona thereof, than the lonno will be ionuod to ouch applicant notwithatanding the proviaiona of subparagraph (a) and (e) in this auction which provide for loaning on a first-r,nme, first -served baeia. Any applicant may appeal to the City Council from a finding or a rofuanl to find by the Planning & Zoning Commionion as to highont and boat uno by filing an appeal with the City Clerk within noven dayn after the finding in made or t refunod by the Planning & Zoning Commionion. (Orda 400, 531, 6899 917, 932) I 21.10,070 Reviews No leaned land may be changed in uns, nor may any renews eane be ianued until the prop000d une or renewal has boon reviewed by the Planning Commionion and approved by the Council. (Orda 250, 531) s• i 21-4.2 (City of Kersni -- §upp, p29 - 7/20/04) C KENAI CITY COUNCIL 1 KENAI, ALASKA 2 COMPETITIVE LEASE APPLICATION ) 3 LOT 4, GUSTY SUBDIVISION NO. 1 ) ' PATRICK J. DOYLE and MARY J. DOYLE, ) 29'��f• RONALD S. YAMAMOTO d/b/a 4 LITTLE SKI -MO DRIVE INN RESTAURANT, Applicants; 7 NOTICE OF APPEAL 8 9 PATRICK J. DOYLE and MARY J. DOYLE, by and through their 10 attorney, PHIL N. NASH, hereby appeal pursuant to KMC 11 21.10,060(d) from the findings of the Advisory Planning and Zoning 12 Commizalon at their meeting on September 26, 1984. 13 Points on Appeals 14 1. THE COMMISSION FAILED TO FOLLOW THE DIRECTION OF THE CITY COUNCIL BY 15 CONSIDERING AN IMPROPER APPLICATION. 16 Three applications have been filed for the subject property. 17 The first was filed by RONALD S. YAMAMOTO and CATHERINE COLETTE 18 YAMAMOTO, TAIL WIND, INC., on March 3, 1978. The second was filed 19 by PATRICK J. DOYLE and MARY J. DOYLE, on May 3, 1984. The third 20 was filed by RONALD S, YAMAMOTO d/b/a LITTLE SKI -MO DRIVE INN 21 RESTAURANT, on August 1, 1904. 22 During its regular meeting on June 27, 1904, the Advisory 23 Planning and Zoning Commission granted approval to the May 3, 24 1984, application of Patrick J. and Mary J. Doyle, 25 During its; regular meeting on August 1, 1984, the Kenai City 26 Council listened to arguments by Mr. Yamamoto that the 1978 PN'L N.0060►' application should he considered. The motion was made and Alro"*XA� A7 LAW Mr if/KL IGf 0000 a NA'.ALAs":*"' PAGE 1 - NOTICE OF APPEAL +.os► sts•l'4 M seconded to send both the 1978 Yamamoto application and the 1984 1 Doyle applicat4nn bark to Planning and Zoning are competing 2 applications, with the suggestion by the city attorney that 3 Yamamoto "submit a supplement". 4 On August 31, 1984, rather than submitting a supplement as 5 suggested, Yamamoto filed a new application, individually, and 6 not with the joint venturer who had jointly filed with him in 7 1978. 8 The Advisory Planning and Zoning Commission considered the 9 now application filed by Yamamoto rather than the 1978 10 application as directed by the Kenai City Council. 11 2. THE FINDING OF HIGHEST AND BEST USE 12 OF AN OFFICE BUILDING VIOLATES THE INTENT OF THE PLATTING AUTHORIZATION, 13 The 1978 Yamamoto application specified the intended use of 14 the lands as Retail Sales and Office, but the 1984 application, 15 as clarified by the architectural drawings indicates that the 16 proposal is for office space, 17 The intent of the Advisory Planning and Zoning Commission 18 when authority was granted on December 10, 1980, for the platting 19 of the subject lands for leases is crystal clear: 20 to recommend to the City Council 21 that they have the land adjacent to Gusty Subdivision platted per the 22 pattern set by extending Lots 1, 2, and 3 of Gusty Subdivision and made avail- 23 able for lease for retail or commercial use, precluding leasing this land for 24 office structures. 25 (Underlining supplied.) 26 PM/L N. NASN A710NWW AY LAW For QW411so ,/11 "IsA1, MASOA 09111 goof) 20wo" PAGE 2 - NOTICE O! APPEAL 3. THE FINDING ON HIGHEST AND BEST UBE OF THE 1984 YAMAMOTO APPLI- CATION FAILED TO CONSIDER THE APPLICANT'S BUSINESS HISTORY. 2 During the regular meeting of the Advisory Planning and 3 Zoning Commission on September 12, 1984, certified copies of a 4 Decree of Divorce entered in Yamamoto v. Yamamoto, 3KN-80-803 5 Civ, on June 16, 1982, including by reference a Memorandum . 6 Decision and Order entered February 23, 1982, wary filed with the 7 clork as part of the record to establish a delinquency of 8 034,919.94 in calea taxes and a delinquency of $16,396.40 in 9 employee withholdings which the applicant had collected but 10 failed to remit to the appropriate taxing authorities, 11 At the September 26, 1984, meeting of the Advisory Planning 12 and Zoning Commission, the Commission failed to consider whether 13 or not an applicant who had mLoappropriated 051,315.34 in 14 municipal and private individuals' moneys, some of which may 15 4 still be unpaid, would result in ". a greater benefit to the 16 " -L City of Kenai and the citizens thereof. . . . Pl SUMMARY: ` The findings of the Advisory Planning and Zoning Commission N at their regular meeting of September 26, 1984, should be a disapproved and the previous findings of June 27, 1984, should be 13 i L ' approved for lease of the lands to PATRICK J. DOYLE and MARY J. DOYLE. 23 DATED this day of October, 1984. 24 ' 25 26 -PhilN. Hasa Attorney for Patrick J. Doyle vNr� a,nAif1 and Mary J. Doyle r NfG">YtT Al {+Yw' 1901, AtMMA09001 ��c»:a ss1• PAGE 3 — UOTICo 08 APPEAL r ". --"T-- - - �� �- - - .-- - ��- r--- ,-� -- T-. r. - � - -- —� .. -- -• - - - -�:x+r � - '...-. .:,.ecwr ram-._ G _ CITY OF KENAI ,led Oapdai 4 4"11 . 210 FIDALGO KONAI, ALASKA OW11 - TEWHOU13 263. 7625 MEMORANDUM TOt� onorable Mayor & City Council FRONT Tim Rogero, City Attorney REs Hearing on October 17, 1984 on OoylelYamamoto OATEs October 10, 1904 Enclooed please find additional information relative to the hearing to be held at 6sOO p.m, on October 17, 1984, 4 i CITY OF KENAI ,.od Ga#W ej 4"fl 210 FIDA600 KQNAI, ALASKA MN1 TQLQPHONII 213.7635 MEMORANDUM TOs onorable Mayor & City Council F41 s Tim Rogero, City Attorney i REs Hearing on October 17, 1984 on Doyle/Yamamoto DATES October 10, 1984 Enclooed pleaoo find additional information relative to the hearing to be hold at GsOO p.m. on October 179 19114. I • I 00 CITY OF KENAI 210FIDALOO 9E?1AI,ALA69A 0611 - TELEPHOUP 263.7025 October 8, 1984 Phil N. Nauh, Esq. P. 0. Box 4084 Kenai, Ak 99611 Res Competing Lease Applications on Lot 4, Block 1, Gusty Subdivision No. 1 Mr. Nastls As per my telephone call to your office on Friday, October S, 1964, the Kenai City Council was made aware of written objection to the Planning 6 Zoning re omrnendatlots that the City Council enter into a Lange of the above -referenced premises with Mr, Ron Yamamoto. This Council has decided to defer action until it half had suf- ficient time to both review the reword of the Planning A Zoning Advisory Commission and dive thu part ions s►n opportunity to addresn the Council directly, no well as to amend and/or sup- plement their applications prior to hearing the parties at 6SOO p.m,, October 17, 191114. In view of the foregoiesq, you are hereby advioad that the Council tons ocheduied one, hour commencing at 6s00 p,rn,, Octoilrr 17, 1984, for prenentationo by tits parties which shall not excoad 20 minutes each. Supplementation and amendment by the parkion is eneouraga d and the Council hag indicated a willingneoa to review the record for the purpoaes of both familiarization and to prevent duplicity in this preuentat.in'ln by the parties, The purpose of what amountr, to a des 'love hrss►rir►q is to allow the parties a full send f:►ir opportunity to advance, their boat proposal ancf for the, C000scil to make an informed (Jersi3ion in the bast intereuts of tise City. The Council df)e3 not expr:ct to entertain object inns to form or validit} or priority of filrnq of lease applicstioni. _ I / If ' � r October S, 1984 Page 2 Should either party dcaire not to make a presentation, the City would appreciate knowing of thin in advance. 4inceirelly, Tim R ers City Attorney TR/md /' ..--' J CITY OF KENAI -0d eapiJW 4 4Za"d„ 210 FIDALOO KENAI, ALAG9A 00611 TELEPHONE203•7535 October g, 1984 IN David C. Clark, Enq. Cummingo & Routh 143 E. 9th Avenue Suite 201 H Anchorage, Ak 99501 Res Competing Leaou Applicatinno on Lot 4, Block 1, Guaty Subdivioion No. 1 Mr. Clarks As per my telephone call to your office on Friday, October 59 1904, the Kenai City Council waa made aware of written objection to the Planning & zoninq recommendnLion that the City Council enter into a leaoe of the above-refareynced pramItsos with Mr. Ron Yamamoto. The Council hays decided to defer action until it hao had auf- ficient time to both review that record of the, Planning & Zoning Adviaory Cummiuoior► and dive the parties; sits opportunity to addreao the, Counr i l directly, ars well an to amend and/or sup- plement their applications; prior to hearing tine partiea at Gs0O p.m., October 17, 1911(s. j. In view of tiles foregoing, you ssrer hereb, f►dv l!sed that the Council hors ochoduled ano hour commc•ncirtg at 6s0O p.m., October 17, 1904, for predentationd by the partisa which oball not exceed 20 nsinuteo each. ;upplumentation and amifnilment by the partied io encouraeled and the Council has Indicated a willingnerss to review the ree:ord for the; purpoaea of troth rarni liar i7at inn and to Prevent duplicity in tiles pruoof>ntal lus►ss by the! pstrtion. The purpune of what amounts ter a de• naves hesarinh Jo to allow tt►r, ' partica a full and fair upput,Lunity to advance their beat proposal and for the, Council to snake an informed deeiolon in the ---= % beat interooto of the; Pity. -- The Counci,i does not expect to entertain ob jefrt iund to rorm or validity or priority of felinfl If 1114-1t! 8ppl1C3ti0n3. li e. 4 r October 8, 1984 P1100 2 Should elther party donlro not, to make a presantation, the City would appreciato knowing of thi!s in fjrJv;iflcfy. -0 Sin orai/, Tim Pa'qera City Attorney TR/md Si le 1 CITY 001114C 11, 2 KWI/tl, A1,AHKA 3 COMPETITIVE LEASE APPLICATTIOIN ) Lot 4, GUSTY SUBDIVISION NO. 1 ) 4 RONALD S. YAMAMOTO, d/b/a ) LITTLE SKI -MO DRIVE INN RESTAURANT, ) 5 PATRICK J. DOYLE and MARY J. DOYLE, ) PROCESSING PROCEDURE 7 On September 26, 1984, the Kenai Advisory Planning and 8 Zoning Commission considered Ueylelo application as filed 9 first in time. Pursuant to KMC 21.10.060, priority is given 10 to thooe applicants who file first in times. Ronald 11 Yamamoto, by and through counsel, since this is a do novo 12 hearing before the City of Kenai, City Council, respectfully 13 asserts that his application was first in time and 14 therefore, should be given priority pursuant to X14C 15 21.10.060(a). 16 Mr. Yamamoto submitted a lease application on March 3, 11 1978 for the lease of the subject property, and on August 1, 18 1984, that lease appication was remanded to the Planning and 19 zoning Commission with the instructions to Mr. Yamamoto that 20 & � he file a "supplement" to his 1978 application. � z1 Therefore, it is clear that Mr. Yamamoto's lease s 22 i application was the first in time and should bo given vs s 23 priority to the Doyle'a lease application. 24 In order for the Dayles to oust Mr. Yamamoto f rose his zs position, they must, pursuant to KMC 21.10.060(a), make a 26 Page 1 - PROCESSIUG PRoCEDuRE DDC/se 10/16/94 151-4 i 01 1 showiny that thoir subsequent application would result in 2 "[U]se of the lands for a higher and better purp©ue with a 3 greater benefit to the City of Kenai and the citizens 4 thereof. . " 5 Respectfully submitted this Z6jf'day of October, 1984. 6 C(JMMINGS b ROUTH, P.C. 7 Attorneys for Ronald Yamamoto 8 9 Sy: �A- Dav C ark 10 11 12 18 14 . 15 16 17 18 w 19 20 21 s " 22 a � g 23 -- 24 25 26 Page 2 - PROCESSING PROCEDURE DDC/se 10/16/84 151-4 f _r yL4 1 i' iii L� y r 4. - F.; 0 OCTOBER 170 1984 INFORMATION ITEMS 1 - Borough Minutes, 9-4-84 2 - Senior Center Report, 3rd Quarter, 1984 3 - Chamber Resolution 84-5, Pioneer Home 4 - Community Center Minutea, 9-24-84 5 - Borough Minutes, 10-9-84 6 - Library Report, Sept. 1984 7 - Billing, Trano-Alooks Engrg., Baron Park Water & Sewer - $99500 8 - Lenuou & Saloa of City Land 9 - Final Pay Estimate, Conatruction Unlimited, Thompson Pk. - $80455.97 10 - Pay Estimate 01, duality Asphalt Paving, Stellar Dr. $20t270.25 11 - Billing; S&S Engrg,; S. Highbuah, Bumblebee, E. Aliak, Swireo, Highbuah Rd. - $4,568.75 12 - Tranefer of Funds Under $1,000 - Sept. 1984 13 - Billing, Profesoional Design Aosoc., Airport Itinerant Aircraft Parking & Ramp Overlay - $8,852 14 - Billing, Profeaoional Design Aasoc,, Airport Itinerant Aircraft Parking & Ramp Overlay (Addition) - $8,256.70 15 - Stipulation Contract, KUSCO & ENSTAR jw I -i CI I Of Kf NA REGULAR ILf:CTION Of OCIOBIJI 2, 19114 WE, IHE MEHill: If!; Of IHI. KFNAI CITY COUNCIL, DO HFlfl.rtY CERIIFY IHE RMILf i Of A CANVASS Of THE HAILOV; foil fill: Hf.GU1.AR ELECTION OF OCTOBER 2, 1984, FOR I:I1Y COIINCII, SALLY OATLIE �L» PHILLIP BRUCE ART McCOMSEY JOHN E. WISE ti7� PROP051110N /1 PROCEEDS OF LAND SALF. r :.. YES I 713 NO 307 PROPOSITION /2 CANDIDATE FILING DAIL i ' YES • ..�� 744 NO 350 SPOILED BALLOTS 13 ABSENTEE BALLOTS 26 CHALLENGED BALLOTS 14 TOTAL BALLOTS CAST 1128 ...r:r.,.. 1 6 E 1, �ou_._ WARES, CUUMMAN <<�TOM ACKERCY, cauncIEWAT Ufa I UNYON, COUNCILRUNAN rl ► 1'L N3"JIN r. 915r, cauncrrm'— JESS . • HALL, CUUNCILFAT- AITESTs WXY WHfLAN,--CTrf—rCrW— DATEDs October 17, 1904 w li T% II ^"T+ TILT^ a sr ssvllL' Llv 1 ts�1r 1L1s7,GsJ, 4114V. P.O.3722 K8NA1 AN 99611 PHON13 (007) 983-3000 APACHE RIVER GUIDES Ronal Peninsula 283.4402 William Brighton:;�;� City Managers City Of Kenai s •'` -'`" At this time, Apache Enterprises would like to formally request counter space at the Kenai City Airport for Cheepie Auto Rentals , and Pacific Rim Travel and Booking Agency. An we have been on written request with the city since 1982 for counter space and since that time space has been allocated to other businesses, we would at this time, wish to be allocated two (2) counters. We are willing to furnish materials and labor to construct these booths in accordance with any specific- ations the city may wish to require. ALASKAN ADVENTURES 263.4402 KENAI M Llngitoh + Enterprises Inc. ;y �I WAHAWK HALIBUT CHARTERS � H�arar zas-7o�o CHEEPIE AUTO RENTAL Ronal 283.74163 Homan 235.7090 i _• CITY CAB 282.7101 KENAI THE CAR CO. Ke"I 2684M • �I I Y � 411 CITY OF KENAI „011 e . ay 4iaiZa0r 210 FIDALOO K6NA1, ALABKA ai1611 TEMMONB II61. 7696 June 12, 1984 Chespie Auto Rentals Box 3722 Kenai, Alaska 99611 Dear Lessee: In view of the type of business being conducted from the direct -line telephone you have placed in the Kenai Airport Terminal, it will be necessary for your firm to pay a percentage of gross income in order to renew the terminal space lease. This action is necessary in order to stabilize the rental car industry being conducted in and from the Kenai Airport terminal. After researching similar situations at other airports, seven percent (7%) of gross has been established as fair and equitable for this type of operation. Please sign the enclosed special use permit where indicated and return it to the City of Kenai along with your check for $262.50 for the telephone space rental prior to July 1, 1984. This permit is for the period July 1, 1984 through June 30, 1985. Sincerely, ' Woo J. Brigh City Manager WJB/dg Enclosure ' I i I J i I 1 ' i I I V 0 Stjglent"d bys AiimIitInIral Inn CITY OF KENAI ORDINANCE NO, 982-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE "KENAI BOROUGH SENIOR CITIZEN FUND" FOR FY 1984-115 BY $9,300. ' WHEREAS, the Kenai 13orough Senior Citizen op"cial revenue fund has $9,300 available in unappropriated fund halnnce, and the Senior Citizen Director wiahen to une then" monies for the purchase of certain asaete sand aupplieu too 11ated per Exhibit A, which is attached and made a part of thin ordinance. NOW, THEREFORE, BE 17 ORDAINED BY THE COUNCIL OF THE. CITY OF KENAI, ALASKA, that the followinEl incr"aneis In outimeted revenuen and appropriations be modes Kenai Borough Senior Citizen Fund Increane Estimated Revenueas Appropriation of Fund Balance Increase Appropriations Small Toola $1,830 .� Repair h Maintenance 600 Miecellane oun 3,270 Improvements other than Buildings 3,000 Machinery 6 Equipment 601) PASSED BY THE COUNCIL OF THE CITY .! OF KENAI, ALASKA, thin 17th day of October, 1904. ATTESTs Janut Whelan, , ty e`-r Approved by Finance s T-ITW-W1A,t t , t 0 First. Readings October 3, 1984 Second Readings October 17, 19A4 Effective Dates October 17, 1984 IF 1 1, `. . rt , l I , I� KX111111T A Small Toola - 0 1,830 Magazine racks Cabinet CJw i r Repair G Maintenance - $ 600 Yurclwaa and installation of wallpaper Miacollancsoua - $ 3,270 Exereiso instructor Woodshop instructor Improvements other than Buildin�rt - $ 3,000 Garbage enclosure Bar-h-quo pit Machinery L WtuLpment 600 Speaker system L 1 Suggest.od hy: AdminiaLralion CITY OF KENAI ORDINANCE NO. 983-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1984-85 GENERAL FUND BUDGET BY $3,500 AS A RESULT OF A GRANT FROM THE STATE OF ALASKA FOR FIRE SERVICE TRAINING. WHEREAS, the City has received a grant in the amount of $3,500 from the State of Alaska for fire service training to be used for a seminar on airport crash fire/rescue. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant $3,500 Increase Appropriationas Fire - Operating Supplies $ 300 Fire - Transportation 2,000 Fire - Miscellaneous 1,200 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1984. ATTESTS Janet Whelan, City Clerk Approved by Finances Cqd J TOM WAGONER, MAYOR First Readings October 3, 1984 Second Readings October 17, 1984 Effective Dates October 17, 1984 C- 3 Sugget3t cad by Adinininl.rat ion CITY OF KENAI ORDINANCE NO. 984-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF Kf_NAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,000 IN THE 1984-85 GENERAL FUND BUDGET AS A RESULT OF GRANTS FROM THE STATE OF ALASKA FOR LIBRARY ASSISTANCE. WHEREAS, the City of Kenai has received two grants from the State of Alaska totaling $10,000 for library asotstance, and WHEREAS, the monies will be used for purchase of books and othar library materials. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Library Grant L1 .000 Increase Appropriationss Library - Books $10,nao PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1984. ATTESTS Janet Whelan, City er First Readings October 3, 1984 Second Readings October 17, 1984 Effective Dates October 17, 1984 Approved by Finences�Q • r :p /' 0 Suggvatod by: Planning h Zoninrl Commission CITY OF KENAI ORDINANCE NO, 985-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAIL BY REZONING LOTS 1-9. BLOCK 1; LOTS 1-4, BLOCK 2, AND LOTS 1-8, BLOCK 3, COOK INLET INDUSTRIAL AIR PARK SUBDIVISION TO GENERAL COMMERCIAL (CG) DISTRICT. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the Kenai Advisory Planninq and Zoning Commission has undertaken a study of the Cook Inlet Industrial Air Park Subdivision, and WHEREAS, the Commission has identified certain properties that conform to the General Commercial zoning district guidelines based upon existing or potential use, and WHEREAS, the Commission has conducted the required public hearing on September 12 and 26, 1984, and WHEREAS, the Commission recommended approval of the rezoning petition in accordance with Resolution No. PZ84-79, and NOW, THEREFORE, BE I1 ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shall be amended as follows: Section is Subject property eonoistinq of Lots 1-9, Block 1; LoT—s-T--T,�lock 2; and Lots 1-8, Block 3, Cook Inlet Industrial Air Park Subdivision are hereby rezoned to General Commercial (CG) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1984. ATTESTS Janet Whelan, City er . arVa First Reading: October 3, 1984 Second Readings October 17; 1984 Effective Date: November 17, 1984 a 9 I sts(plentrd hys Plnnninq h ,onion Comm ltsrsiof, CITY OF KENAI ORDINANCE NO. 986-84 AN ORDINANCE OF THE COIINCII. OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP NY REZONING TRACT F-1, SPRUCF_tlOOD GLEN SUBDIVISION NO. 2 TO GENERAL COMMFRCIAL (CG) DISTRICT. WHEREAS, KMC 14.20.2711 ent abl i nhen it procedure to amend the Official Zoninq Me;; of' the City of Kenai, and WHEREAS, the rezoning petition han been oubmitted in order to accommodate a commercial development encompanning the aubject and adjacent proportion, and WHEREAS, the Kenai Advisory Planninq and Zoning Commiouion han conducted the roquired public hearing on September 12 and 26, 1984, and WHEREAS, the Commiaaton recommended approval of the rezoning petition in accordance with Raoolution No. PZ84-80, and WHEREAS, the Commiaaion aloo recommended nn amendment to the Kenai Comprehensive Land Unc Plan to General Commercial. NOW, THEREFORE, HE 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 followos Section 1s Subject property conalotinq or Tract F-1, Sprucewood , en Suhdivinion No. 2 io hraroby rezoned to General Commercial (CG) Diotrict. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Chia 17th day of October, 1984. ATTeS1s Jarief Whelan, City er% J Firat Readings October 3, 1904 Second Readings October 17, 1984 Effective Dates November 17, 1984 �! I 1 /' 1. 4. I ';l W� 11 A L -iv SuggNnted by: Planning h Zoning Cnmmionion CITY OF KENAI ORDINANCE NO. 987-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.150 AND KMC 14.20.180 TO PROVIDE FOR AN EFFECTIVE PERIOD FOR CONDITIONAL USE AND VARIANCE PERMITS. • WHEREAS, the Kenai Zoning Code nuthorizes the Kenai. Advisory Planning and Zoning Commission to grant conditional use and variance permits under specified conditions, and WHEREAS, the Code does not restrict the length of time for which a permit is valid, and WHEREAS, the compatibility of the proposed activity with the surrounding properties is an important laaue in the conslderation of granting a permit, and WHEREAS, neighborhood conditions are continually subject to change, and WHEREAS, the Commission has deemed it desirable to establish a twolve-month validity period with an optional six-month 09tonalon term, and WHEREAS, the Commission specified that this provision should not apply to townhouse and planned unit residential development projects which are normally multi -phased activities, and WHEREAS, the Kenai Advisory Planning and Zoning Commission has conducted the required public hearing on September 26, 1984, and WHEREAS, the Commission recommended approval of this amendment to the Kenai Zoning Code at their meeting on September 26, 1984. NOW, THEREFORE, RE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows Section 1s That KMC 14.20.150 ohall be amended by adding a new subsection as follows: 14.20.150 (c) (3) An a roved conditional use permit shall lapse TWM7127-m-75TEs from the date of approval—f n � certificate or occupancy Rao— been Csouer by the Bu n UT c a ecommission a rant a time extension not to exceed six mon hs upon a finding thatcircumstances have not changed stiTficiently since the date of initialpermit approval. a �I,e u__ei►I for extennion rnuul hr aubinrtIert )t itit, to nx pi rat ion of aTr. tear ri2nto f6e=77. na so r"qu3rac u� a o con conrant the Qxtt!nt7i rsn: Section 2s That KMC 14.20.180 ahall be amended by adding a now subaection as rotlowsis 14..20.180 (h) (2) An aRprovpd variance 2ormit shall la a0i twelve men ire rom the dato of mroval, Ir no certificate of Comm �ma regrant saued by the ffMcfal d art me Qx tenotson not o exceeilding six (6 ) monfhg upon a rindino that. c rcuma ancea ave not changed surriclontly since the ca e OF n npermit approval* A requ• o ax rtc muot ttednot prior eon of ioar�nQ sham theae pu be required asa condition to granting the extana on. PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1984. ATTESTS Junof wFolon, My er c r First Readings October 3, 1984 Second Readings October 17, 1984 Effective Dates November 17, 1984 f — i J Su(jgaalert hys Adminiai rat ion CITY OF KENAI ORDINANCE NO. 988-04 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 4.30.010 ANC 4,30.051) OF THE KENAI MUNICIPAL CODE TO ADOPT AND INCORPORATE BY REFERENCE THE 1904 EDITION OF THE NATIONAL ELECTRICAL CODE. WHEREAS, the National Fire Protection Asoociation has updated the National Electrical Code to the 1984 Edition, and I WHEREAS, the State of Alaska hao adopted the 1984 Edition effective October 1, 1984. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF , KENAI, ALASKA, no followos Section 1s Section 4,30.010 is amended to read ea followas _Ado pptions There In hereby adopted for the purp000 of eotabl Ming —standards governing the installation of electrical conductors, fittings, devices, and fixtures, hereinafter referred to "electrical equipment," within or on public and private buildings and premises, that certain code known as the "National Electrical Code," 1984 [19811 Edition, except for ouch portions no are FFr—einafter deleted, modified, or amended; and the same is hereby adopted and incorporated so fully so if set out verbatim herein. PASSED BY THE COUNCIL OF THE CITY Of KENAI, ALASKA, this 17th day of October, 1984. ATTESTS Janet Whelan, City ark Firot Readinq: October 3, 1984 Second Readings October 17, 1984 Effective Dates November 17, 1964 .9 . Sugyeiited by: Adininiutretioti CITY OF KENAI RESOLUTION NO. 84-127 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE 14ADE IN THE POLICE AUDITION CAPITAL PROJECT FUND: Froms Contingency $2,500 To: Inspection $2,500 This transfer provides money for compaction and concrete tests in the Police Addition project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 11th day of October, 1984. Tom Wagoner, Mayor ATTESTS Janet Whelan, City Clerk Approved by Finances e� M a � it • f III Y1 ■ Suggested hys Administration CITY OF KENAI RESOLUTION NO. 84-128 I , A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION FOR A PARCEL OF LAND KNOWN AS TRACT B-1, LYING WITHIN SECTIONS 32 AND 33, T6N, R11W, S.M. WHEREAS, the City of Kenai has requested the Administrator of the Federal Aviation Administration to release an area hereinafter described, from all conditions, reservations, and restrictions contained in said Quitclaim Deed to permit the sale or long-term lease for non -airport purposes of said land, and WHEREAS, in accordance with Kenai Municipal Code 7.30.030, the ; City has obligated itself to devote the proceeds from the sale or long-term lease for non -airport purposes of said property exclusively for the development, improvement, operation, or ; maintenance of the Kenai Municipal Airport, and ' WHEREAS, the Administrator of the Federal Aviation Administration has determined that said land no longer serves the purpose for which it was tranoferred,and { WHEREAS, the Administratur of the Federal Aviation Administration has determined that such property can be used, leased, sold, salvaged, or disposed of by the City of Kenai for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the Kenai Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF t KENAI, ALASKA as follows: Section 1; The City Manager is hereby authorized to sign the Deed of least! accepting from the Federal Aviation Administration that property known as Tract 9-1, lying within , Sections 32 and 33, 16N, R11W, S.M. _ r 5►.*cl.rfill Zs the City of Kenr►t wlII devoto th►: proceeds from the anItt� or Puny-t,opm Ip,,on for the (,eve Iopmnr►i:, trnprovrlmnnt:, operation, or, mainlennfice of the Konni Municipal Airport in accordanco with the Konnt Municipal Code 7.30.030. PASSED BY THE C0UNC11. OF Tiff CITY Of- KENAI, ALASKA thin 17th day Of OciUhor, 1984. om wnyoner, mayor • ATTEST s Janet to an, y or X . k - ' r r- f h vIJCTiL�Ijl�flr �� 11 11, I 1 1`%��•� • Q / n a M1 I O IWK MOMMEM ,Im on �� /••10 ornlrl fryu't N nI RIe 1119, I10, 4� R A Rr � ts ae sca i 0 I � � i fA4(I//ryf tU 8C YAC6tCD A/ fNt TITAC TIIC ALTf DNAt( ACCC91 f0 collorRUCTCO. e �' � Y 0's• I n� f7 ' k! I ono • w I � � I 00 *4Y I I I h f rfef^41'^�'f sea uo' tto Az i It1► �`Ilnl�io frr—r ✓1v�.v I I/�' � W /�/ W 2 vrJ.T.Af.'�ui �J I � •"8 .,R 3 p I / e 1.73 ACRL6 lf; 1.06 ACats • j �� / N • POwf*1 fret r/20' N tAOCMCNf n / J IU fm ,g40J' •r tl/Y' ORAts uTIL.i -— •-- 1. NIT* Of'tN't fryts*5, 6't1 0 a r .j CAv f1Dry f 110 NANKIN041 ', u O 11 N� I Off'.• _ _. ... .�- .- �►'I KENAI SPUR HIGHWAY aw x � I I� t u ■ 71 M r Suggeated by: Courrci 1 CITY OF KENAI RESOLUTION NO. 84-129 C-/a A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A POLICY REGARDING PARTIAL ASSESSMENT FOR ROAD PAVING, WATER AND SEWER IMPROVEMENTS. WHEREAS, the Council desires to increaue the number of projects that can be constructed using grant monies that are expected to be received from the Stnte of Alankn, And WHEREAS, assessing benefitted property owners fifty percent of the costs of certain types of improvements that the Council desires to be constructed will allow the grant monies to be used for more projects. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following policy be established as direction to the City Administration and information to the citizens of Kensis 1. Following petition from the benefitted property owners, pursuant to Title 16 of the Kenai City Code, the City will consider assessing the owners fifty percent of the costs of road paving improvements for those projects that are included in the City's adopted capital improvement list for gravel or paving road improvement.' Gravel road improvements on the capital improvement list may be accomplished totally with grant monies without assessment. 2. Following petition from the benefitted property owners, pursuant to Title 16 of the Kenai City Code, the City will consider assessing the owners fifty percent of the costa of water and/or sewer improvements for those projects that are included in the City's adopted capital improvement list for road or water or sewer improvement. 3. If proper petitions, as discussed in paragraphs p1 and p2 above, are not received in a timely manner, the projects will be subject to deletion from the capital improvement list. 4. The City intends to use available grant monies for the non-aosessed portion of the projects until such grant monies are depleted. After the grant monies are depleted, the City intends to assess 100% of the project costs. 5. The City J.nlnn►lu lu ►►llucul►: I L a (Iritut mnniuu hauoil upon the relative priority r►stahlinhcd In ltn enpiIaI improvramont. list, rather than on a first. come-firut. served hsain. 6. It remains the City's policy thnt, in all moos other than those outlined above, the City nuuuss 100% of project costs in approved uasosoment diatrictn. 7. All nssusomenta are subject to sivailahility of financing of both the asseaued and non-anaessed portiono of the projects. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1984. Tom Wagoner, Mayor ATTEST: Janet Whelan, My CTe=r CITY OF KENAI dapdW 4 4" 210 FIDAL00 KQNAI, ALASKA 00611 TEAPHONS262•7535 MEMO TOs Kenai City Council FROM: Charles A. Brown SUBJECT: Annessments/Resolution # 84-129 DATE: October 12, 1984 I have drafted the above resolution to reflect the decisions that came from last Tuesday's worksaasion. I think it'a important that Council realize what thin says. Assuming you adopt and follow this policy it means that: 1) Only gravel road improvements (along with things like public buildingo) will be done without asnenoment. ti 2) The people must pay 502 of a_.Y paving or water and sower , improvement, assuming it's on the lint. if it's not on the list, they'll pay 100%. Also, if its on the list for water and sower only, and they want any road work, they'll pay 100% of the road work, 3) If Council desires to perform work on the CID list (let's say pave a road, or lay a water line) and we don't gat a proper petition from the property owners, zou can't_do it, This would be the case for both commercial n4 residential property, 4) If a project (let's say a waterline - how about to a car dealership) is not on your list, you can't do it, unlean we have a 100% assessment. I've discussed this with many City employees. My recommendation to you is to fail thin resolution, Don't act a formal policy. to) 5uggit0.ad b y s A(IminIut.rat ion CITY Of KENAI RESOLUTION NO. 84-130 A RESOLUTION OF THE COUNCIL OF 1NF CITY OF KENAI, ALASKA, AWARDING THE BID FOR ONF FOUit-WHEE1. DRIVE, FIVE PASSENGER ENCLsJSED UTILITY TRUCK -WAGON TO HI)TCIiIN(;'.; CHEVROLEI-OLD>MOBILE. WHEREAS, the City of Kennl aollcitf)d hlda for the above muntlonod vehicle on October 10, 1984, and WHEREAS, the Hutchingn Chevrolet-OldamobIIa bid of $14,493.07 woo the onJy bid rocoived, and there fire oufficlont munieu appropriated. NOW, THEREFORE:, RE IT RESOLVED HY THE COUNCIL OF THE MY OF KENAI, ALASKA, that the hid for one four-wheel drive, five p0000nger oncloned utility truck -wagon be awarded to Hutchingn Chevrolet-Oldumobile In the amount of $14,493.07. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thie 17th day of October, 1904. Tom agoner, Mayor ATTESis Janet Wholan, My Clark Approved by Finaocos _eg4_ A I IVA- ,1 a P'ITV P1a t!t ki4%1 FIRE DEPARTMENT BOX 508 • KENA1. ALASKA 00611 L// y• October 11, 1984 i� TO: Wm. J. Brighton, City Manager FROM: V�ud--'W. A. Winnton, Fire Chief SUBJECT: Vehicle Bids Bids were opened on the roplacomont vehicle for the Bureau of Piro Prevention on October 10, 1984. Invitation to bid was hand carried to local dealers and mailed to A � dealers in the Anchorage area. The invitation to bid was; also advertized in the Clarion. Hutchings Chevrolet -Oldsmobile was the only company who responded to our rorost for bids. They bid a 1985 Chevrolet Blazer for $14,640.0with two exceptions to tho hid specifications and one alternate that could reduce the price to $14,493.07, The exceptions are relatively minor ,for the intended use of, this vehicle. The exceptions include a smaller engine and no rear window defrosters, We have $15,000 budgeted for this car and have no problem with the t lower bid of $14,493.07. 1 WAW/koh o, f-_ INVITATION TO 1'I'1 THE CITY OF KENAI IS SOLICITING BIDS FOR A FOUR-WHEEL DRIVE, FIVE PASSENGER ENCLOSED UTILITY TRUCK -WAGON. INTERESTED BIDDERS MAY PICKUP TfIE SPECIFICATIONS AT T11E � KENAI FIRE DEPARTMiENT ANYTIME BETWEEN THE HOURS OF 8:00 A.M. TO 5:00 P.M. f BIDS WILL BE RECEIVED IN'THE CITY MANAGER'S OFFICE UNTIL 3:00 P.M., OCTOBER 10, 1984, AT U711CH TIME THEY WILL BE ! PUBLICLY OPENED AND READ, J F ■ BIDS SENT TO: PEXI%SIJLA FORD 4392E Sterling Highway Soldotna, AK 99669 DENALI MOTORS, INC. 62S Gambell Street Anchorage, AK 99501 HUTCHI`:GS CNEVROLE':-OLI)SMCBILE Sterling Ifighway & Pioneer P.O. Box 950 Soldotna, AK 99609 A.`SCi 0PAGE CHRYSLE?-DOLGF: CENTER 2601 E. Sth Avenue Anchorage, AK 99501 I0'VITATICN TO BID AD IN LOCAL ?:£Y,5PAPfi e C.n. •-� Suggunt ed by $ Coune i 1 CITY OF KENAI RESOLUTION NO. 84 - 131 A RESOLUTION OF THE COUNCII. OF THE CITY OF KENAI, ALASKA, ESTABLISHING A GENERAL POLICY CONCERNING MAINTENANCE OF ROADS WITHIN THE CITY OF KENAI. • WHEREAS, the Council desires to set general guideline policies concerning maintenance of roads within the City of Kenai, and WHEREAS, the Council doniren to upgrade existing gravel/dirt roads► that are not up to City Standards, and WHEREAS, the City wants to make its policy clear that all future gravel/dirt/paper rondo should be brought up to City Standards by the owners of the property, at their expense, and WHEREAS, the City wants to notify applicants for building permits that they are, or are not on City -maintained roads. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE. CITY OF KENAI, ALASKA, that the following policy be established as direction to the City Adminiotration and information to the citizens of Ken i. �.gg 1. ,All gravel roads for which the City has filed for State Revenue Sharing, if not to City Standards, shall be brought to such Standards at City expense. 2. As of this date, all platted gravel/dirt roads on which there front two or more dwelling structures shall be accepted for limited maintenance (snowplowing). 3. All other roads, gravel/dirt/paper, shall he brought to City Standards by the owners at their expense before the City shall accept them for maintenance. The City may support upgrading of rondo with dwelling structures on a shared basis after case by case review. 4. The City shall, upon issuing all building permits, annotate all permits as to whether or not the proposed structure fronts on a City -maintained road. J PASSED BY THE COUNCI1. OF THE CITY OF KENAI, ALASKA, thin 17th day of UCtober, 1984. TOM WAGONER, MAYUR ATTEST: Janet Whelan, City Clerk Approved by Finances Authored by: Public Worka i r i C '13 Supgntstod bys cmincil. CITY OF' KE:NAI RESOLUTION NO. 84 - 132 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENA1, ALASKA# AWARDING A CONTRACT FOR THE CONSTRUCTION OF BARON PARK WATER AND SEWER EXTENSIONS TO DOYLE CONSTRUCTION COMPANY FOR THE AMOUNT OF $141,560. WHEREAS, the following bldn were received on October 16, 1984 for the above referenced projects CONTRACTOR TOTAL 811) Zubeck, Inc. $146,370.00 Doyle Construction 141,560.00 Frontior Construction, Inc. 141,400.00 R. C. & 0. Contractors 144,570.00 Construction Anooclatoo, Inc. 209,580.00 Engineer'o Estimate 101,335.00 WHEREAS, presently the Kenai Municipal Code 7.15.040 (b) and the bidding documents state, "He shall favor a person, firm, or corporation with offices or branch officoo in the City when thin can be done without substantial or prohibitive additional coot to the City, . . .", and WHEREAS, Ordinance 978-84 does delete the local preference in bidding clauoe in the Code, but this Ordinance does not go into effect until November 3, 1984, and WHEREAS, Doyle Construction Company has an office or branch office in the City of Kenai and Frontior Construction, Inc. does not, and WHEREAS, the difference between the low bidder, Frontier Construction, Inc. and Doyle Construction Company is $160, and WHEREAS, Frontier Construction, Inc.'s bid is the lowest responsible bid and award to this bidder would not be in the beat intereut of tho City since they arc+ not a City of Kenai local firm, and WHEREAS, Doyle Construction Company in a local contractor doing business and established in the incorporated limits of the City of Kenai, and go - WHEREAS, the City of Kenai nan award thin rontrnet to Doyle Construction Company without, uubntnntinI or prohibitive additional coatis to the City an permitted by Kenai Munivipal Code 7.15.040 (b), and WHEREAS, eufficient monLon aro appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract For the construction of Baron Pork Water and Sower Extonniona be awarded to Doyle Construction Company for the amount of $141p56U. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin 17th day of October, 1984, r ATTESTS Janot Whelan, City Mork Approved by Finances / Authored bys Public Worke /(��C 0 , Yli Suqyontnd by Adminintrntion CITY OF KENAI RESOLUTION NO. 84 - 132 C-11 A RESOLUTION OF THE COUNCIL Or THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF BARON PARK WATER AND SEWER EXTENSIONS FOR THE AMOUNT OF $ WHEREAS, the following bide were received on October 16, 1984 for the above referenced projects CONTRACTOR TOTAL 811) WHEREAS, the recommendation from Trans -Alaska Engineering, the project design engineer, and the Public Worka Department is to award the contract to for the total cost of $ , an WHEREAS, 'a bid in the lowest responsible bid 5nd away o = bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Baron Park Water and Sewer Extensionn be awarded to in the amount of $ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin 17th day of October, 1984. ATTESTS 3anot Whelan, City Clerk Approved by Finances Authored bys Public Works le& 1• ��M FIIVADJI� f ,;11r1(1''r11 nrl I,y1 1;4)1111(:11 CIIY M KF.NAI 111AMUIT I ON NO. 114 - 133 elm I I/ A RESOLUTION OF THE COUNCIL 01' THE CITY OF KF.NAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF INLET WOODS CLEARING AND GRUBBING TO DOYLE CONSTRUCTION COMPANY FOH 111E AMOUNT OF $79,425.119. WHEREAS, the following bide wave rncolvad on 0r.tobor 160 1904 for the above referenced projects CONTRACTOR TOTAL fill) Rona Servicen $ 70,529.00 Doyle Construction 790425.09 Chumloy's Urethane, Inc. non-renponaivo Foater Construction 1430600.00 WHEREAS, Chumloy'n Urethnno, Inc.'a bid won doalarad non-reaponnivo becauso thoy failed to oncloao their bid achedulo form with their bid, and WHEREAS, prenontly tho Kenai Munlcipnl Codes 7.15.040 (b) and the bidding documonts ntato, "Ho shall favor a psrnon, firm, or corporation with officon or branch ofrican in the City when thin can be done without oubotantlnl or prohibitive additional coat to the City, . . .", and WHEREAS, Ordinance 970-84 done delete the locol preference in bidding clauno in the Code, but thla Ordinance (Joan not go into affect until November 3, 1904, and WHEREAS, Doyle Construction rompany hen an office or branch office in the City of Kenn! and Rona Sorvlceo doer not, and WHEREAS, the difference between the low blddor, Roan Sorvices and Doyle Construction Company is $896.1F9, and WHEREAS, Rona Sorvicen' hid in the lows►nt reoponnible bid and award to thin bidder would not ba in the beat lntornnt or the City ainco they are not a City or Kenai local firm, and WHEREAS, Doyle Conotruction Company is it local contractor doing buninano and ontablinhed in till) Incorporated limits of the City of Kenai, and ,i M1 WHFRFAS, the City of Kenni r.nn nwnrrt thin rnntrnrt to ilnyln Construction Company without oubstnntinl or prohibitive additional coats to the City an permitted by Kenai Municipal Code 7.15.040 (b) , and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED 13Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Inlet Woods Clearing and Grubbing be awarded to Doyle Construction Company for the amount of $79,425.89. PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1984. ATTESTS WAGONER, RAM JaneE Whelan, y erk Aoprovod by Finances 'L Authored bys Public Works IK 0 ■- r - 5w(I(If fatnd I►ys AclminlatroL Ion CITY OF KENAI ItLSO1.11T ION NO. 114 - 1 SS A RESOLUTION OF THE COUNC II 01' THE CITY Of' KENAI , AI A'.;KA, AWARUINC A CONTRACT FOR THF: rMTRUCTION Of' 1NIJ 1 WQOOf; 1;1-F-ARIN1; � AND I;RIJIIR I NO. WHEREAS, the followirnq hida warn roveivnd on OnLober 16, 19114 for the nbove referenced pro,jnct.s CONTRACTOR TOTAL fill) WHEREAS, the recommendation from McLane h Annoninten, Inc,, the project deoign engineer, and the Public, Worko Department in to award the contract, to . for the total coat of , am 1 WHEREASS, 'a bid in the lowunt reaponoib o b18 Mid award to thM 51ddor would ho in the bent interoat of the City, and WHEREAS, nuffieient monion aro appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF 114L CITY OF KENAI, ALASKA, that the contract for the conotruution of Inlet Woodn Clearing and Grubbing be ownrded to in the amount of , PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 17th day of October, 1984. 1 ATTEST, Janot Melon, City Clork Approved by Finances J Authored bys Public Worka, i i 4' ' I �i v fiuggeated bys Council r'" CITY OF KENAI RESOLUTION NO. 84-134 A RESOLUTION OF THE: COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI, ALASKA, 1985-86 CAPITAL IMPROVEMENT PROJECTS (CIP) LIST FOR REQUEST FOR STATE GRANTS. WHEREAS, input for the 1905-86 CIP Lint from the Kenai City Council, City Planning and Zonlnq Commission, Parke and Recreation Commission, City Manager and Department Heado, and copociolly the citizens of the City of Kenai, has raoulted in the following prioritized CIP liat being requested of the State of Alaska, and WHEREAS, the following public meotingo were held, moot of which were well publicized and advertioeds Public Meetings Auguot 7, 1984 Auguat 27, 1984 September 5, 1984 September 120 1984 October 3, 1984 October 8, 1984 October 10, 1984 October 17, 1984 WHEREAS, the Council of the City of Kenai, after receiving and analyzing the input from all aourcea and after much diocuooion and deliberation, han decided to adopt the attached 1985-86 CIP List, and WHEREAS, the Mayor and the Council of the City of Kenai pledge their affirmative vote for the maintenance and operational corsto of all the projects listed. NOW, THEREFORE, BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenal adopt the attached liat entitled, "City of Kenai, Alooka, 1985-86 Capital Improvement Projecto Requeat for State Granta." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1964. ATTESTS Janet Whelan, City Clark Written Sys —" ra Tom waqoner, Mayor r, �o i jj f CITY OF KENAI ALASKA 1985-86 CAPITAL IMPROVEMENT PROJECTS REQUEST FOR STATE GRANTS PRELIMINARY ROUGH PRIORITY COST EST. X $1000 1. Community Center 3,500 2. Balance of S. Highbuuh, Daviduon 250 Bumblebee, E. Aliak, Swireo, Highbuuh - G 3. Robin, Kennitze, Eagle Rock, 350 Sandpiper, Tern, S. Strawberry - G 4. Harbor/Bulkhead/Dredging, Dock 900 Barge Facility, & Fuel Facility 5. Cook Inlet View Drive & Lilac - G 300 6. S. Spruce St. - Spur to beach & 400 Kenai Avenue - P 7. Julianen, Bouinview, Ames, Barabara 350 Angler - G 8. Float Plane Basin 10500 9. VIP Subdivision - G 500 10. Riverview, Miscion, Upland, Overland 500 Highland, etc. - Old Town - P r , .. . a CITY OF KENAI 60 210 FIDALGO K@NAI, ALASKA 90611 T1 LEMONB 212. 7636 ' k "I RWAI RLAA 3m"I'A "IT TOs Wm. J. Brighton, City Manager 77lE ,eAsr FROMs Keith Kornelis, Public Works Director W&igAe SffSioN WAS REs 1985-86 C.I.P. Oct 3, /98y DATES October 9, 1984 �N/S '0S #21w From: Worksessions ons IV.4 S 1 7'. August 7, 1984 August 27, 1984 ' September 5, 1984 , October 3, 1984 1985-86 CIP PRIORITIZED PROJECT LIST Priority No. ,9 1. Community Center 2. Balance of S. Highbush, Davidson, Bumblebee, E. Aliak, Swires, Highbush - G 3. Robin, Kensitze, Eagle Rock, Sandpiper, Torn, S. Strawberry - G 4. Harbor/Bulkhead/Dredgery, Dock, Barge Facility, & Fuel Facility i. Cook Inlet View Drive & Lilac - G 6. S. Spruce St. - Spur to beach & Kenai Ave. - P 7. Juliusaen, Basinview, Ames, Barabara, Angler - G S. Float Plane Basin 9. VIP Subdivision - G 10. 18-Hole Golf Course 11. Riverview, Mission, Upland, Overland, Highland, etc. - Old Town - P /r il�=3LT'F nh slsv rn.r ��t� e } U NOT RRIORITIZED AS YET A. Coho & Coral Street - G B. tlichfield Drive - G C. Kiana, Colonial (Mulholland) Steelhend - G D, Aspen & Fifth - G E. 1et, 2nd, do 3rd (East of Foreat) - P F, N. Spruce, Second, h Third - P G. LACK - P N, Bernie Huos Fitnoso Trail Extension 1. Addition to City Hail J. HEM - P K. Extend N. Taxiway Airport - P L. Heaver Crook Fire Station M. Runway Extonsion at the Airport N, RV Camper Park - Spruce h boach 0. A.P. Way h Trading ®ay - P P. R.V. Camper Park (First St. & Softball Field) q. Beach Accoaa Trail at End of Foreat Drive R. Renovation of Old City Dump Site for Roe. Fields St J ,II . w ;i II � � !,� CITY �F KEAIAI LWA TOs FROMs REs DATE %Old ea 210 FIDALGO KENAI, ALA6KA 00611 TELEPHONE 283.7636 Wm. J. Brighton, City Manager Kenai Advisory Planning 6 Zoning Commission 1985-96 C.I.P. C FRo,11 i DN �jcT !o! 8'j October 10. 1984 ����'�',fII � INARY Froms Workoessiono ons.G IM4 August 7, 1984 Auguot 27, 1984 September 5, 1984 October 3, 1964 October 10, 1984 1985-86 CIP PRIORITIZED PROJECT LIST Priority No, 1. Community Center 2. Balance of S. Highbuoh, Davidson, Bumblebee, E. Aliak, Swireo, Highbush - G 3. Robin, Kennitze, Eagle Rack, Sandpiper, Tern, S. Strawberry - G 4. Harbor/Bulkhead/Dredgery, Dock, Barge Facility, & Fuel Facility 5. Cook Inlet View Drive 6 Lilac - G 6. S. Spruce St. - Spur to beach b Kenai Ave. - P 7. Juliucoen, Basinview, Amei, Barabara, Angler - G 8. Float Plane Basin 9. VIP Subdivision - G 10. Riverview, Niaaiosf, I1pl�nd Overland, Old Town P Highland, etc. - - + 18-Hole Golf Course - Delete il. .. r 12. •* 13. 14. 15. ' 16. 17. 18. • 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. a f r I PRIORITIZED Sewer to Ihompson Park Sewer within Thompson Park Beaver Creek Fire Station Kiana, Colonial (Mulholland) Steelhead - G N. Spruce, Second, & Third - P A.P. Play & Trading Bay - P LACK - P lot, 2nd, & 3rd (East of Forest) - P Coho & Coral Street - G HEM - P Extend N. Taxiway Airport - P Runway Extension at the Airport Renovation of Old City Dump Site for Rec. Fields Beach Access Trail at End of Forest Drive Bernie Huss Fitness Trail Extension Addition to City Hall RV Camper Park - Spruce & beach Aopen (off 4th) & Fifth (east of gully) - G R.V. Camper Park (First St. & Softball Field) Richfield Drive - G • Recommended these roads be considered individually due to differences in existing road conditions •• These projects added to priority list r, w iI +I iI i I 1i i I I I I 3 �I. - ss t . i I r. QI Page 1 of 3 • C /5" I CITY Ur KLNAI ROAD STATUS REPORT CC� October 12, 1984 DIRT ROADS NOT UP TO -CITY SPECIFICATIONS BUT CITY MAINTAINED S. Silver Salmon Drive Chinook Court Chiaik Street Nighthawk (3) S. Strawberry (3) Kenaitze Court (3) Eagle Rock (3) Tern Place (3) Sandpiper (3) Robin Drive Shotgun (7) Julivasen Street (7) S. Ames Street (7) N. Ames Street (7) Barabara Drive Boat Launch Road (9) Ketch (9) Sunrise (9) VIP Drive (C) Dolly Varden (C) Kulila (C) Kiana (C) E. Lawton (Fidler) (C) E. Colonial (off Candlelight) (2) Davidson FAA Access Road (11) Riverview (11) Mission (Bluff) (11) Highland (11) Upland (11) Mission (Fort Kenai - ROW ?) (11) Alaska Way (11) Porcupine Hill (Russian Cemetery - ROW 7) (11) Paterson Way (ROW ?) (6) S. Spruce (6) Kenai Avenue (Beach Road) (D) Fifth (at and of Birch) (0) Aopen (off of Fourth) (E) First, Second, Third (E. of Forest) Fifth (West of Forest) Alpine Illiamna (A) Cohoe and Coral Street ( ) Number on 1985-86 CIP i J a r� is Pnga 2 of 3 CITY OF KENAI ROAD STATUS REPORT October 12, 1984 GOOD GRAVEL ROAD READY FOR PAVING All of Valhalla Heighto except Richfield (+1985 - no W h S) Thompson Park (no W & S) Princess, McCollum, Cinderella, Magic, Fox, N. Linwood, Aliak (+1985 - W & S 7) (G) LACK - Kaknu, Linwood, Candlelight, Lawton, Baker, W. Colonial, Kiana (3) HEM - Evergreen, Haller, N. Gill, McKinley, Second, Third Fourth, Eadies Way, Jefferson (F) N. Spruce, Second, Third (no W 6 S) ( ) Number on 1985-86 CIP n i I I I i I n � { 1 f I �A•1 � .r •r Jl.�'� i.lJ Page 3 of 3 CITY OF KLNAI ROAD STATUS RLPORT October 12, 1984 DIRT ROADS NOT UP TO CITY SPECS AND NOT CITY MAINTAINED Mink Ridgeview Court Meadowlark Court (0) Richfield (Engr.) (7) Baninviow Drive (7) Dolchok Lane (South) (7) Angler Drive (7) N. Angler Drive Aleene Way Kiano (East of Baker) N. Park (off Fidler) (2) S. Highbuoh (11) Highland Way (Old Town) Ruonian Cemetery Road Toyon Way ( ) Number on 1985-86 CIP '' i !iurlrlent.erI byi Admii 1 1.rr►t.lrrn GIIY Ili KI.NAI ItL'i01.11T I ON NO. 114 - 1 3 +/0 A Ri.SOLurION OF THE COUNCIL. OF THE CITY OF KENAI, AI.A'iKA, J AWARDING THE BID FOR KENAI C11I115rMAS DECORATIONS - 19f)4 To i VALLEY DECORATING COMPANY FUR 6E TOTAL. AMOUNT OF $00117.25. WHEREAS, the following bids wore received for the above mentioned Kenai Chriatmoo Decorations - 19114 on October 16, 1904. BIDDER TOTAL PRICE: Valley Decorating Comporny $ 0,117.25 I Holiday Docorationo 109305.00 ; Brnndano Dinpinya 109134.51) The Mannoquin Company 15,225.00 Design Crootionov Inc, 12,452.30 WHEREAS, Valley Decorating Companyra bid of $8,117.25 is tho lowest roaponoiblo bid which mooto the bid npocifleations, and • j ! WHEREAS, the recommendation from the floautification Committee and the Public Worko Department to to award the bid to Valley Decorating Company for the total amount of $0,117.259 and WHEREAS, sufficient fundo are available, and WHEREAS, the Council of the City of Kenai has determined that { awarding this; contract to Valley Decorating Company for the total amount of $89117.25 io in the best intorost of the City. NOW, THEREFORE, HE IT RESOLVED BY THE COUNCIL OF THY CITY OF KENAI, ALASKA, that the bid for Kenai G'hrintmoo Docorationo -1984 be awardod to Valley Decorating Company for the total amount of j $f3,117.25. PASSED BY THE COUNCIL OF THE, CITY OF KENAI, ALA:KA, thin 17th day of October, 1984, TOM WAIMMo MUM ATTESTs June[ Whelan, City Clerk Approved by Finances Authored by Public Were r r I� 1 I J /6 �. Suggented bys Adminiatration CITY Of' KENAI RESOLUTION NO. 04 - 135 i A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR KENAI CHRISTMAS DECORATIONS - 1984 TO i FOR THE TOTAL A14011NT OF WHEREAS, the following bide wer© received for the above mentioned Kenai Chriatmea Decorationa - 1984 on October 16, 1984. BIDDER TOTAL PRICE j i WHEREAS, 's bid of $ i a the lowaGE reoponoible bid which meets the bid apec ca one, and lo WHEREAS, the recommendation from the Public Worka Department is to award the bid to for tho total amount of $ , an I WHEREAS, sufficient funds are available, and + I WHEREAS, the Council of the City of Kenai has determined that awarding thin contract to for the total amount of $ is In the boat ntereot of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Kenai Chriotmno Decorationa - 1 1984 be awarded to for the total amount of PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 17th day of October, 1984. , AT1ESTs TOR , Janet Whelan, City Clerk Approved by Finances Authored by Public ?1orkas 0 If 641 �L-:j 7 TIO/ c N147 L a.A4A"olLall1f 1 Sugynatod bys Adminlutrytian 1 Ci'.JY OF KENAI RESOLUT';ON NO. 84"-104 8E IT RESOLVED BY THE COUNCIL. (IF TIFF. -CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIE'% HE/MADE. IN THE STANDARD, RICHFIELD, THOMPSON PLACE. CAPITAL ROJECT. Froms i . Contingency $8,400 Tot Inapection $80400 i This tranofor provider ad;t/itional money for project inspection and surveying. PASSED 8Y THE COUNCIL/dF THE CITY OF KENAI, ALASKA, Chia 15th day of August, 1984. U ! GONE iMAYOR ATTESTs F Janet a an, yClerk Approved by F i -once s ry c� J S717E DEPARTNINN ALCOHOLI Janet Whelan, Clerk City of Kenai 210 Fidaloo Kenai, Alaska 99611 La� as r OF x�.ve:v�r�s c.11 BILL SNttf 1110, GOVERNOR 201 EAST Oril, AMUE EVRMGAS COMM BOARD ANCHORAGE, ALASKA 09601 October 3. 1984 s� > 4, orr� a � cj�rQPKe�K Dear Ms. Whelan, We are In receipt of the following applicatlon(s) for NEW liquor licenses) within the f Uppi You are being notified as required by AS 04.11,520. RESTAURANVEATING PLACE LICENSE - PUBLIC CONVENIENCE - AS O4.11.400(j) PIZZA NAPOLITANA II; Gerhard J. Wolfe and Lary G, Albertson; 130 Willow St., Unit 3; 14AIL: 130 Willow St., Unit 3, Kenai, Alaska 99611. Legal: Lot 4, 61k 1, Etolin Sub., first addition, and Lot 5, Q1k 1, Etolin, second addition. enc.: copy of your population letter, 10 pages, petition within one mile radius, for licenso. 13 pages, out side one mile radius, for license. WU_ �� A local governing body as defined under AS O4,21.080(10) may protest the approval of the applications) pursuant to AS O4.11.480 by furnishing the W board and the applicant with a clear and concise written statement of reasons-7n support of a protest of the application within 30 days of receipt of this notice. If a protest 1s filed, the board will not Approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated In the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, Is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE ICU ICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for promises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the reggulation or ordinance has been approved. Under AS O4.11.420(b) muniei- Pallties must inform the board of zoning regulations or ordinances which pro- hiblt 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 loco) 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 toning 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 44.11.420(s) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that In mind in responding to this notice. Sincerely, Betty L. Ca ihoon Records & Licensing Supervisor (907) 2774633 BLC:vk Enc. 0 m CITY OF KENAI c;arda� 4 44u4alf y, M PIDALOO KENAI, ALASKA 9880 TELEPHONE 203.7530 May 7, 1984 • State of Alaska Alcoholic Bevereye Control Board 201 Coot 9th Avenue Anchorage, Alaska 99501 TO WHOM IT MAY CONCERNs On the basis of a request by a local citizen who is interented in acquiring an additional boor and wine licence inaide the City of Kenai, please be advised that the City fools tho population has exceeded 6,300. The State Department of Community and Regional Affairs certified on July 1, 1983 a population of 5,780 for the City of Kenni. They would not permit us to count any of the building permito for now renidencee after said data. The City will conduct a special eenouo after July 1, 1984 and in convinced the population count will ogcoed 61500. The City has grown in excess of 10% in each of the loot four years. Sincerely, Wm. J. Bright City Manager WJB/dg STATE OF ALASKA ) so THIRD JUDICIAL DISTRICT ) THIS 15 1O CERTIFY that on this _1% k Day of �� 1904, WILLIAM J. BRIGHTON# City Manager n the City of c,na I Alaska, being personally known to me or having produced gatiofactory evidence of identification, appeared before roc and acknowledged the voluntary and authorized execution of the foregoing inatrument on behalf gold City. ��ot�iry 31a: for are 6 My Commiouien Expireas -a m �! `ijq(p l� (fd hys Adminlatretion CITY OF KENAI RESOLUTION NO, 64-136 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF 140NILq HE MADE IN THE I.IHRARY ADDITION CAPITAL PROJECT FUND. F ram s Conatruction $3,500 Tos Adminiatration $3,500 lhia tranafer providoa money for plena and apecificationa for the Library Addition project. PASSED BY -THE COUNCIL OF THE CITY OF KENAI, ALASKA thin 17th day of October, 1984. Tom Wagoner, Mayor ATTESTS ssne . Whelan, City CluM Approved by Finances .& J r1 AI;FNDA KE.NAI CITY COIINCIL - REGULAR MLETING al. 3, 1984 - 7son PH r WORK SESSION - 6:110 PH •..ram,'_ , .,,, ... .. t PLEDGE OF ALIEGIAN(a. A. ROLL CALL ' 1. Agendo Approval �' - 2. Connont Aganda - • All item') Tinted with an natorink (•) are conoiderod to be routino and non•corrtrovernial by thA Council and will be approved by one motion, there will be no separate dincuonlon of these items unions a Council momhor ')n requeeta, in which case the Item will be removed from the Connent Agenda and eonoldored In its '• r;� -.. normal neguoneo on the aUonda an part of the General Orders. •, - B. PERSONS PRESENT SCHEDULED TO BE HEARD -• 1. John Williams - Transfer of Easement to Catholic Church 2. Lee Bailey - Through Street, Torn to Walker - Reconaider rul Do Sac / 3. Jack Sipperly - Purchase of Govt. Lot 11 C. PUBLIC HEARING %`'br 1. Ordinance 978-84 - Amending Kanal Municipal Code - Competitive Bids 2. Ordinance 980-84 - Amending Ord. 921-84 - Changing Source of Financing of Flight Service Station to General Fund 3. Ordinance 981-84 -Amending toning Map - Ahlatrom S/D ;�,,:•:= 4. Resolution 84-123 - Transfer of Funds - Lake, Marine, :. Granite Pt., Main St. Loop, FSO - Change Order a. Change Order /1 - Lake, Marine, Granite Pt., Main • St. Loop, FOG - $18,10O 5. Resolution 84-124 - Transfer of Funds - Advertising Land Sale - Dena'ina Pt. Estates 6. Resolution 84-125 - Transfer of Fundo - Trash Containers 7. Liquor License Application - Don Asoe " 0 MINUTES 1. Regular Meeting, Sept. 19, 1984 1 E. CORRESPONDENCE LLL 1. • Florence Walker, Kenai - Letter of Appreciation I 2. • Torry Goodman, Soldotno - Letter of Appreciation I - I. DOT - Maintenance of Signala on Spur/Willow I� ^ 4. DEC - Application for Wastewater 011uponal Permit - Union Oil F. OLD BUSINESS Guety S/D Lease - Yamamoto/Doyle 2. F141 Contract - Dr. Hanuen a 1I n � 1 4 1 i 1 fi. NEW 81iSINES`'i 1, gilla to be Paid, 14llln to he Ratified 2. Roquluitione Exceeding S1,OQO 3. * Ordinance 902-84 - Increauieg Rov/Appnn - Sonlur I Citron fund - $9,500 4. * Ordinance 993-84 - Increnninq Rov/Appnn - fire Service Training Grant - S3,')OO Ordinance 994-84 - Incroouing Rev/Appnn - State Library Grant - $10,000 6. *Ordinance 985-84 - Amending Zoning Map - CIIAP 7. *Ordinance 986-84 - Amending Zoning Mop - Sprucewood Glen S/D 8. * Ordinance 987-04 - Amending Zoning Coda - Uoo and Variance Permita - 9. Olncueolon - Lowry/Porten Leaues - Amendments 10. Oiocuenlon - Library Expanelon - Additional Design Cost Incroann - $9.175.58 11. Dlacuoolon - Kenai Peninoulo Borough Incineration Project 12. * Ord. 989-84 - Amending KMC - Electrical Code H. REPORTS 1. City Manager 2. City Attorney 3. Mayor - 4. City Clerk - - 5. finance Director 6. Planning 8 Zoning 7. Harbor Commiaolon S. Recreation Commioalon 9. Library Commiosion I. PERSONS PRESENT NOT SCHEDULED TO 9E HEARD ADJOURNMENT • a i i �I - - P, � ! 1 - i bsi ^r1A!M�++f�iftitfiiw'.iwwi...•,'.i!�y�li:,ryu,..� . •r KINAI I'IIY COUNCII , Rffi11LA11 Mf1IINli, MINIIII'i 0CI0Rf11 3, 1904, 1000 PM KfNAI (.*fly ADMINI'}IRAI IIIN 8I111 DING MAYOR IOM WAIiO1NfR Pllf''ilDING III I DG[ Of Al I I toIAKE A. ROLL CALL ProeentI 'fatly Rn111e, ;term Mnll, Roy Mnnolrrct, Chrlo Monfor, .inhn Wlnn, Ism Nngonrrr, Tom Ackorly Aboentt Nano A-1 Agenda Appruvol a. Mayor Wagoner Naked that ltnm R-4 - C. Ilintalt, Community Center - he addod. b. Mayor Wagnner oinked that item C-4 - Rex, 84-123, Lake, Marine, Cranito Pt., Mrtin "it, Loup, fRO - be deleted. C. Mayor Wagoner soaked that item C-0 - Ron. 64-126, Authorlting finance Director to execute 60 Rondo - be oddad. d. Mayor Wagoner asked that -item f-1 - Canty 11/0 Llraae - be deleted. Atty. RuY,nrn will report under itom R-2. o. Mayor Wagoner coked If Connell winked to dinotoaa item 4.11 - Inalnaratian Project - elnee it hoo failed at tho Oct. 2 election. Council agreed to delete from the agenda and have Adminiotretion do more roonorch on the item. Connoll approved they ogonde no amonded, A-2 Consent Agenda NoIIONI Counollann Haaaloo moved, seconded by Councilmon Ackorly, to approve the Conatfnt Agenda no oubmitted. Councilman Wine asked to divide item C-6 - Ord. 90-04 - from tho Consent Agenda. Notion panned by unanlmouu conuont, R. PERSONS PRESENT SCHEDULED TO HE HEARD 9-1 John Milliamo - Transfer of Eooement to Catholie Church Mr. Williams asked that the ennement belonging to Anchor Trailer Court and Tho Lee Property he vacated and given hack to the Catholic Church. P67 huff teviowed It and agtood, It woo granted to the Church for an easaaont for a 4-plox in the back. lhia in gone now. The eaoeaoot has boon toned by Anchor trailer Court and haft been fenced. Atty, Rogers noted there cannot by, a warranty tined, but a vacation. There would have to ho a public honrintl with a vacation. N011041 Councilmen Wine moved, oerondnti by Councilman Neaolee, for Administration to procend with vacation, Atty. Rogero oald it outomotically revarto to the Church with it venation, Notion panned by unartimouo rnn•snat, I r, KfNA1 (:11y (:l►UN(:11. 111:1. !, 1904 Pa.►e 2 0.2 Iso Ifni toy - Through fit rant. , Tarn to walker - 118cnnnlder Cut Do lac Mr. Onliny oaken Council to roeonuldnr their action to continue tern Ave. neranc walker. It will be a hotord and noloy to thano who live there. Mr. I.awry'n original propovnl wan for a buffer inno between the hauans and the chopping ranter. there Itt a traffic, hatord there now and It will he woroe. Councilman wine aokod Mr. Halley, how many people In the area object to eantrer.ting Torn to Walk -sr? Mr. Ballet' did not know, but outed It would ba an oxponelve project, tend Honognr Labohn explained, when Mr. Lowry come to P47., It wan dlanunnod. At that time he did not own the property, with the axponalon he felt he needed It. there woo a puhtle hearing on the anannnmant dlatrlrt and it wan approved. Admtnintrotlon'a poaltion was to align the cut do non. City Manager Hrlghton anld the lntegrlty of the preen strip will he maintained, this to at the and of the I trip. The only entrance» aro torn and Walker. Thin opono up additional occ000. The owner of the real orntato an the sent tilde Intends to develop al9o, but that may be 2 yearn. Mr. Bailey veld it would he better to find acneee at the soot end now rather than later. John willlamo, property owner an walker. Thorn to an area farther down, whether It to In either place it will be an soeapo route for highway traffic. Public works Director Kornella nald there wore public hearings, people to the area were notified. Th000 in attendance apoke in favor. From an engineering otandpoint it to needed. No action was taken by Council. 8-3 Jack 31pporly - Purchone of Govt. Lot 11 Mr. Sipperly diatributed a latter to Council, no approached the City rsgardln buying the lot adjoasnt to his In 1977, It was not for axle. A lot of dirt hoe boon dumped into the area near there. He has outgrown hia prevent home and cannot enlarge. Me would dedicate a 310 ft, saosment for aacaoo, There are 2-1/2 arson, 1/2 to down in a gulley. The top in 1-1/4 acros. An opproiool woo done a year ago. water b sloctrielty will have to be put In, Ho juat wants the 1-1/4 aerea. City Manager Orightan recommended sailing the land, while maintaining the green strip. Mr. 3ipporly sold he would be willing to comply with a net -back to nalotaln the green bolt. Councilman wlas naked, why did Ph2 turn It down 2 times? Land Manager Lobohn explained, if part of it was sold, it would dontsoy the purpose and integrity of the area. There are trollo in the area. The Ron. Comainxion wontod to retain it, titers to no park there, but they thought It could be saved for park development. Ito udded, It should be done an a competitive benlo If it to sold. Mr. Sippsrly undarntnnda this. Mr, ,ipperly noted the trail boo boon broken by 2 homoo built, there, M011"1 Councilwoman Hollis moved, noeanded by Counelisaaan Monfor, for Adminiutration to d1upons of that parcel oerording to Code, VOTE (Pooned)s yens 90111s, Mstl, Meaalea, Monfor, wagnner, Ackerly Noc wlae K1.NA1 (!fly CUUNCI1. Or I, f, 19114 f urin S 11.4 Arehit.nr.t Carmen Rintoll - Community Con►nr a, Tho original Intent wait to loento the building lnaldn the an tnno form, City Manager Brighton hot) ouggnnted moving it nsat, of the farm, The committee dlasgroso. Advontogen torn, the road In to pineo, it would only have to be upgraded, If It to outaide, there would be eoolor oaeooa to Bnavor Loop Rd., but the road would have to have a major up -grade, "*yet Wagoner noted It would tint matter If both sotto naoditionn are the name, Mr. Gintoll replied, there is no difforenrn in the aoila. Mr. Brighton explained, there was a meeting with FAA. They have made no movement to rolorsts the antenna form. They may be starting now. The problem lop if we are nucruouful and got the monsy,they may be 2-1/2 to ) yearn moving. We could not start ronatrrsetion till they move, Mayor Wagoner cold we should not plan on building till it to all moved, It would he a memo. now much intrforonce would there be with the exto►•ing antonno and garage if wo were allowed to start construction? Mr. rintoll replied the small building" would have to moved, but there are wires undarground. Mayer Wagoner noted we do not have to make it deelolon now, Councilwoman Battle *aid Our ebances of getting funds from Juneau are good. We have had ingulrlo" from people In the state for conventions in 1985-80. We would have to wait If we depended on FAA decision, the alternate cite may be Incentive for FAA to move. Mayor Wagoner objected to s $3-1/2 Million facility next to an unaightly station. Mt. Brighton noted thtc to a nenoitive facility, it is the back-up for Anchorage, We could not bring pressure for them to move. Councilwoman Haiti* said we want the facility within walking dintanco to town, The City doom not have otter available land down town. Councilman Wise noted there to a payroll involved that we do not went to lose. Council agreed not to not the "its at this time. Mr, Glntoll amid Wines, Corthell 6 Bryson is platting now, they will terminate this till Council decides where the building will be, b. Mr. Glntoll reviewed the colors and motorists a►twlde, the exterior flnioh to durable and energy efficient. The wall togtura Is Oryvit, it in an epoxy that looks like stucco. There will be 9x24 ft. panels with accent hand. It is very durable and will not fade, c. Barbara Epperson, Int*rlor Deeigner, reviewed the I"tilt lot , there will be carpeting throughout the building. There may be or, oustics on *ONO walla. They will time milk for accents. Ae000ticol the on the eetlings. Tiled an the bathroom floor, wallpaper on the appor wait*. Mr. Glntoll noted the color to gusranteed, but can be pointed on the accent. C. PUBLIC HEARING,) C.1 Ord, 978-94 . Amending y.MC - Competitive Bid$ Councilman Meanlea moved, aeeooded by Councilwoman Battle, to adopt the ordinance, 4011041, Amendments Councilman Meaalso moved, aecanded by Councilwoman Bailie, to ewend the ordinance with oub4titutu 12 oubmi teed thin date, iJp.:.jsiir�✓-'fir-;-..:P6�.�fi !�:-=,r t .+�+l�Fiirol��ieMiltr�ww+� . --�!G,:,.u;-.; Fy � ,�•jdlisl.��.?�?.ter ., �� VNAI 1:11Y ('1111N('11 OC1. 1, 1-)114 Pogo 4 Mayor Wagoner expininod, uubot.itr►tn 81 fillrrd to the amount find addod atom G. Subattlutn 02 givna fin prnforannn. There was no pnbllr, nnmment. VOTE., Amondmont (Panood)t Ynit t Hell, Mean Ioe, Monfor, Wine, ArkorIy Not [Initial Waqonor VD;;., Matti Motion nit Amended (Pnnned)t Yost Hall, 1lonalon, Monfor, Wino, Ackerly Not Bailin, Wnllonor C-2 Ord. 990-04 - Asending Ord. 921-84 - Changing Source of Financing of flight Service Station to Gonerel food MOTION$ Councilman Heanloe moved, anconded by Councilwoman Monfor, to adopt the ordinance. There woo no public comment. Councilman Wloe nald wo ors evading the Josue without a vote of the people. MOTION, Amendments Councilman Wine moved to doloto the NOW THEREFORE paragraph and add, NOW THERE BE 11 ORDAINED BY THE, COUNCIL Of THE CITY Of KENAI, ALASKA, that the financing of the proposed Flight Service facility remain as set out by Ord.921-94, and that In accordance with KMC 7.25.090 the voters be asked to ratify the dootrobillty of the project at the Nov. 6, 1984 General Election. Notion died for lack of a aaeond. VOTE (pauaod)s Yee$ Baille, Nall, Meunloo, Monfor, Wagoner, Ackerly Not Wise C-1 Ord. 981-84 - Amending toning Map - Ahiotrom S/0 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There wan no public comment. Land Manager L abohn oxplained unl000 their alto plan called for acceno down 1111amnn to their property, that could sarv►r from the Spur Highway. Councilman Ackerly said if they aan It they will have to Novo fin nu{►eovmont dintrlet , Mr. Lababn onid wo ere looking at re -toning. It does not necessarily Imply it will be developed. Councilman Ackerly auggested it he stated ae part of the file. Public Works Director Kornollo sold there are many atroeto that are platted but no►, in. In order to uao ills right-of-way, they have to gat on excavuti4n permit. At dust limo the City would make sure It waft done by �►por<►, Noyor Wagoner noted the people to the tranaminalen ohsp are using the right-of-way for vohtcle use, and ohould he moved. Mayor Wagoner nuggast.ed Administration check and dive a report at the Oct. 17 moutlnq. KI NA1 N fY NOINC11. 11Cf, 1, t'104 POQe 5 Counr,II agreed 11; tha nuygnr►t•Ifill , Yotlt Hot lOil panned nnr►nimaunly by roil ell ll vote, C-4 Rents iutIon 114-12All - Irannfar of Iunda - Advotltoing Lund stile - Dons'ino Pt, f.ntaten nof10N1 Councilman Mannino moved, enrondnd by Councilman Aekerly, to adept the renolutinn, There wan no public eomment, Motion panned by unanimous canrseat, C-6 Roo, 04-123 - Tranofor of iunda - Traub Container*, 90110N1 Councilman Aekerly moved, nocondod by Councilwoman Monfort to adopt the roaolution, There wao no public comment, Councilman Ackorly noted there had boon probles regarding the chain of command, money was beinq *Pont without approval, City Manager Hrighton roplied, this boo been teoolved. Motion penned by unanimous consent, C-7 Liquor license Application - Don Anne H0110N1 Councilman► Hiss moved, secanded by Councilmen Aeketly, for approval of the liquor license application, Atty, Rogers owpiained, the City *cta in an advisory position on the appiieatione, Mr. Anoo would like to have the paper work in order before the opening, Mr. Assn addwd, It would be in 1999. 110T10N, Corrections Councilman Nino, with consent of uocond, changed the wording of the motion to road, to nand a let►,er of non -objection to Alcoholic Deverage Control Hoard regarding the application, Hotter; panned by unania+ouo consent, C-R Resolution 04-126 - Authoriting finance Director to Lwocuto Loan Agreoraent Relating to ''Palo of GO 0uada H0110N1 Councilman Haas►loo moved, at►cundad by C>>urrall:rn Arkerl/, to adopt the renolution, There wag no public cunn,znt. Motion panned by unanimous eonoeal„ I KINAI Ctty V0101CI1 Oct, f, 19114 pagn /. If 1 I)•1 Rerlular Hint 1.lnq, 'fopt, 1'/, 19114 NO110N1 Councilman Aeknrl y rnovnd, rtenor►And by C(Mnallwoa►an Honfar, to atoll ravo the mIntrf.rris to it nubmttl,04, Notion patisnd by nnanln►ouo aonaant, f . C01110`W"401 VC E-1 {'Inranco Walkor, Kenn) • Latter of Approciation E-2 forty Goodman, 5oldotna • Lattar of Apprnalot,lon Approved under Consent Agenda E•) DEC - Naintenanen of aignalo on Opur/M111ew publle Worka 1)lroator Kornnlle flood it will be oubotontiolly complete by the end of act., all done by Jan, Councilmen Hostiles ooked If there were aonnorn to control the light, Nr. Kornnlle replied yon, Councilman Neaalne noted, In Nontena they food thorn and changed to timers, aensora will not, work in lee, E•4 DEC . Application for Wastewater Uispooal Permit - union Ail Council took no action, F. OLD RufilNEW1 f-2 E11f Contract .fir. Henson Atty, Rogers explained, the ehangetr requested by Council hove f►oen made, Chief Winston has been Informed, It will be Submitted to fir, uanuon Witt) +aodiflcatlono. Council took no action. 61 NEW Ru;,1NLtig 0.1 Rills to be Paid. Rlllo to be Ratified NoI1(1N1 Councilman Aekerly wr►ved, eecanded by Councilman Nesalos, to approve the billo as submitted, Notion pasoed by unaniwoun et)nnent, 1 0•2 Requisitione Exceeding {1,009 Mayor Wagoner asked that the reqult;i►.ion for 0,000 to i !isuthren/,rsl Comn►onirs/,lone d)otrlbuted this date be added. f City Nanagor 9righton explained, t,hig is to kelp the comx►untent ion syotom warkinq whllo they site remodeling the -T- facility. MOf)utls Councllraan Hesalrl+l movo4, neeondod by Coanell,roman Rattle. to approve the requialtluno with the addition of i5,ur10 to !- � 5oothrnntts! Cn�+xricrrt,Jnnss. - Notion panned by unaninosu ronae►►t, 4 ,'ol 91#IAI (:11Y 1'Illlgl:lt o(l I . S , 19114 Pergn 7 fi -f Ord, 907.-04- inrr#oainq Rcv/Appnn 'ianinr Cltl/nn fund - $9, fOf)9 r,-4 Ord, 91'4-0/1 - Inf:rnqulnq I1nv/Appnn - f Ira 'iorvlea Iralnlnq (;rant - $1,1POO P-5 Ord, 9114-04 - Innreovinri Rov/Appnn - 'itoter Ithrory Grant {iR,(1t1Q Approved andor ranaernt Aqando, G-h Ord, 905-114 - Arn#ndinq lotting Hop - CIIAP NO11(NI Coonaliman memslna moved, aaroodod by Councilman Ackerly, to lntroilgre the or4inenra, Cooncliaan Niue ea/4 title its #pot ron)nq for *portal purpoaea, contrary to loaa#n between property owners, Thin doe* not conform to otatutov, All the atrueturco are up for sale, 11 the pale to tendered and turned down b#cauos of non-eonformar►re the City would bo liabla. It neods to be re -toned, We have violated tho Inning code by having other than light industrial, now wo ate trying to rectify by ingitimltlnq It, Land Hanarinr Labohn explained deopits inning, a corridor on Willow and Main 4t, toots boo been allowed to dovelop mo commercial, fin to trying to re -zone in line with Whot Io that#, It serves to expand the general eomaatrial zone, A few of the Iota are light induotrioi, they would becomn non-ronforminq but wou14 he allowed to enntina* without eKpandinq or terminating and reopening, Councilman Aekorly noted none other areas abould bar to -zoned Alan, Off, Labahn opiled, they are trying to do the essy ones first, One of the problems to, the Comprehensive Plan is too aid, VOTE ( Passed )1 Yost 9silte, (fall, Heanloo, Nonfor, Wagoner, Ackerly Not Wlao 0-7 Ord, 996-04 - Axanding Zoning Hap - 4prucerwood Glen 0/0 G-O Ord, 907-04 - Amending Zoning Code - Use h Vortance Permits Approved by Conaont Agenda, G-9 Olscuoolon - Lowry/Patten Lemoea - Amendments Land Manager Lobahn sxplain#d Mr, Partae and Mr. Lowry have ohsnged their devslopm#nt pion, Tract A to leased by Lowry At Partar, Tract ff A r term )maned by Lawry, the rout part (apartaent and undavelopod Brea) time boon purehsoed, they would like to put it andor air* cover for conformity by amending the exlesting lesse*. Pt,/, roeomaenelad with one exception, the propound mccoao off Walker to Trter►, A-1, That, la not the plane for arrows hormone It is off -set lea* than 100 ft, from the hlghrray, this woul4 ouperoeds what P41 and Counctl ties approve4, Coaneilmon Ackerly ooked if Mr, Lowy had any 14oms regarding t,enanty, mr, I.ahohn replied, his problem to, me prospective tenontts change, the op#ets Changer, Ph/ hots been trylnq to get him to net * pion, Mayor Wagnrrar v*14 re sr* trappad Into a poottion that we do not (revs +much rholre, fin 414 tro►, know trio problems It the City triad to anfurra 4ervatopaant, Atty, Rogarts teplla4, forfoi► ro for r;ouncilwoatoo Rollie a004 if they Witte rsutrerrt with trim( leave paynento, Hr, Lohotro replied Yee, mayor Wagoner noted Nr, fowry bad {raid her woo14 break grouod in march 1905, rounr,llmorr Alva vs►d there world he a Gov, oprtning, ••,•tires aYfwlisvo.ri f I t i t i� KENAI CITY COUNCIL fie I. S, I'm Page R fl-10 Olocuoulon - Library Erpannlnn - Addltlnnot 0aelgn Cnot. Innrenne - 19,175.59 No action woo taken by Council. r,-12 Ord. 900-84 - Amending KMC - flectrleal trade Approved under (:aneent Aganda, H. REPORTS 11-1 City Manager City Manager Rrlghton spoke. a, Me noted Info Item /1 regarding purchase of leased lands by land contract. b. Regarding the meeting with FAA. We have now passed title to 10 st,tes to HEA with the stipulstlonn that, 1) the district office will be there and 2) if they moved they would pay the current sppraieai value. MCA has not been able to move, but they will move forward now and break ground In early Spring. e, the Chamber of Commerce resolution of support regarding the Pioneer Home, info item 03. The $45,000 study Is on the back burner because of work on the budgets. They hope to have it done by Jan. d, Corinellwoman Sallie asked about the Sign Code. Mr. Srightan replied letters have been sent with a set time of moving. Mayor Wagoner *aid Building Inspector Hackney has full authority to enforce. Mt. Rrlghton said he would report at the next meeting. H-2 Attorney Atty. Rogers *poke. a, MCA deed says they moat locate within a set time or It comes back or they pay fair market value fat property. Is. Regarding the KUSCO/Enstat contract and the City franehlee tights. PUC wants to resolve the transfer, with the possibility of stipuloting not to determine whether we have a franchise right, because the Innus say never arise. the reason for the stipulation would be a saving of hearing time for his, the alternative is to try and get PUC to decide It now, but they don't want to deal with it. We have been given consent to transfer but he hag been Instructed to Intervene. PUC wants to know why we want to Intervene If we conoented. lie cold because of the franchise right. We feel we have the right to Intervene In 1987, PUC feel* we do not, If we delay and they otipulato that leeus Its not resolved by transfer, It may never he an issue, If it is an I000e, we could appeal to PUC, than to the courts, Mayor Wagoner naked If we should notify PIIf. that we ate not giving up Gist claim, Atty, Rogeru tepliod, we did, Thio will gay we claim, they do not. Then we would ask for a decl*lon in 1907, Councilman Ackerly asked If we ere looking *round fur gas suppliers, Atty. Rogert► replied yau, He added, this does not weaken out position, "011114 % Councilman Meaale* moved, seconded by Councilwoman Sallie, to enter Into a stipulation with this" that reuetveu that right In 1997 to litigate the Isrsue of uut franchise. Motion passed by unaninmi* consent, KI.NAI CI IV COUNCIL Oct. I, 1'mis page 9 b. The City hoe filed petition for judgomont docreo an apenlfic annenamento owed the City from 1977 to date. :.f::,•,..,•..'.,,-,.p,.s.,cd,r, ._ .� Same site being pald, there will be a judgement entered an Nov, 13 for thono. We have boon recovering for bark landing face. o. Councilman Ackarly naked about Grizzley Aircraft. Atty. Rotlere replied their time ran out tout week. Ile will draft proreedingn next week. It will go to court ��,,.•. for forraitura, they have not communicated with the d. Councilman Wien naked about the requeated ordinance - '.. banning mud and other materiala from the woote site. " sr• Atty, Rogorf{ eokmd, hatardoun wou}ea7 Drilling a•►d to not Indicated. We have to sucertain drilling mud. There may be a poaalble pre-emption by the State, ''' �,'• - Councilman Wise (told our Code does not permit diapoonl "•;' • wJ"pI''-. of oolld waste. We put notice to the Borough to stop. If -I Mayor Mayor Wagoner spoke. a. Regarding snow removal at the airport. Will there be snow removal by contract for specific areas? Public Wnrka Director Kornelta replied, just the airport. Mayor Wagoner naked, if the airport to contracted, will _•-•••-••- �•< • wa have adaquato earvice In the Clty7 Mr. Kornelie replied, a meeting has been scheduled to diseues !hiss. Mayor Wagoner asked to be kept informed. Councilman `,i:; f.�. •' ;.; Ackerly noted the contractors did good work. Mayor ..;:;�-';:-�,:;f.,, ; •'•. ; .raj. Wagoner asked whet would It cost additional to contract "�;•',s'4'''�'' " ""' -- in relation to overtime, City Manager Brighton noted +% •jn �" we will have overtime regardless, ;,..; b, Regarding packets, He would like ;-ring binders dlatribl►ted to Council and have their packet material punched to fit them, Also, have the inserts pre punched. ` Council agreed to the request, e. Regarding relocation of the Ctty $hope. That area to " going to he part of downtown Kenai If Kenai grows, that to not the place far maintenance shape. We should consider setting aside property elsewhere, away from •,'!� tho airport. We have 10 acres there. Public Works Director Kornelia satimated b0Z-70% was being used now, d. The Recreation Cossalaalon noada a high school reprooentative, the Comr►ission would like to re -appoint Mike thomaa, Council agreed to the requout. of The Beautification Committee would like 2 new membori3. He will report to Cour/cil on thlo, f, The area acroaa from Lowry'a hoe a concept Issas and proposal, but it fa tied up. Land Manager Lobohn explained tits arganl/ation that hoo the lease hao broken up and totracted their interest, they paid the — lot lease payment, one of the Individuals In the firm has approached the City with it new concept. This will come to Council, g. Regarding the misting with IAA, there wan a diacusaton regarding the float plane basin, FAA was diecuaaing additional apacea for private tie -downy►. There may be some money available to up -date the Airport Neuter ia;;u�!r•:,,.�r .�,, .� Plan. They would like to concentrate on the CAP, f80 K1.NAI rlTY COUNCIL (m. f, 19U4 Page 10 arena. they had no problem with the Renal Air hanger _ and may approve the hots!/motel/offlre as proposed. The hanger will black the orOa Off from the nirpOrt, so a hotel is aCeoptshle. H-4 Clerk Clerk Whelan sold the Hunicipnl League renervatlono have not boon submitted to the Clork'a office yOt. 11-5 finance Director Finance Director Brown field the bids for bonds were received, the lowest field at 10.651's. Councilman Wise noted, interest to 10.6%, what are we charging? Mr. Brown suggostod, 10.?5% to Cover Conte. j H-6 Planning & Zoning @GI _ None H-7 Harbor Commiofiion ' None ' �r� s r• H-8 Recreation Commission ., None H-9 Library Commission =.s Librarian Deforest reported the library plans will be oont to Juneau Oct. A. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD .j a. Calvin Ouandt. He owns 2 piecoo of property with special asossonents. How does the City make a distinction between free water & sewer and who has to pay? to the new Chrysler center getting free water & sewer? Alao the Haller area, Linwood/Candlelight area? Mayor Wagoner replied, that was Council determination. Some areas had to pay. Chrysler was paid because It enhanced the area, Council did not want to develop without improvements. He didn't want water 6 ever then. Mayor Wagoner replied, the ordinance requires 51%, then an efiseosment district will be formed. Mr. puandt said Mr. Clotfelty sold he would not have to pay till he sold the property. b. Councilman Ackerly asked if the assessment districts for roads had a percentage. City Manager Brighton replied they did not act one. Mayor Wagoner requested thin be on the agenda for the Oct. 17 meeting. { c. City Manager Brighton asked for a work aeoelon for a [' final deciOion on Capital Improvements Projects. Mayor Wagoner said P&1 will finalize at their Oct. 10 meeting. We could have public hearings at the Oct. 17 - meeting. Councilwoman Sallie asked if they had to be final for the meeting with l.t. Gov. McAlpine, Mayor - -'- Wagoner replied no. He added, we should give conolderatton of a sewer line in Thompson Pk, but we should do with the Borough if the incineration line to going in. Councilman Wise noted the Borough in applying for $10 'Million in S placed. The City should apply at the name tima, d. Councilman Wise naked that the decialon on matching funds for paving be by resolution. t I ��A w o' WfNAI CITY COUNCIL OCI. S, 1984 Page it e. Mayor Wagoner naked for a work noonion an mrintenanee of City ntreote and land only eantroeta - 2nd deed of trust. Councilman Arkorrly requontod the aetting of percentage on anaaeumente be diocuneed. Council schedulnd a work anonlon for Oct. 9, 7iOO to 10s00. f, Atty. Rogora reported he hen received a formal notice of appeal on the Doyle/Yamamoto recommendation. He recommended Council elt au n Board of Reviow st 600 PH, Oct. 17, 1904 and hear the partiea for SO minutes each. Council agreed to the roquant. ' f. Clark Whelan reported the election woo hold on Oct. 2, 1984 and will be certified Oct. 17, 1984. 9. Clerk Whelan asked for Oct. 11 and 12 leave time. Council approved the requent. h. Councilman Messleo reported the Airport Committee will be seetinq on Oct. 10, 1984 at 4f00 PH. Mayor Wagoner noted some new membero were needed and naked Councilman Resales to diocunn the formation of a Transportation Committee during the meeting. ANDURNHENT s Nesting sd o� t 1000 PH. /y/^I (/ Jsnet Whelan City Clerk 9 I t c) ru ...:: .:C�l�rt�Tt..c��. H Cc .•,�:�,:,'.. E-i 1 L C � IY71_ f. I r-"Tzk OMAS -u c Isu, &-ind O-r -Uf- 49" 41 56,t0�ei�cc�� f J:.t 9J'.TI•!�.�'7!r4ici�i,�i �'N�! ^�'l�.:tiP.:•' ' ,i,n � . � , , , , ... - .. ......, : ' , � , .. �•. . • ..... ANN •r.. �� �jw � �/. .:r'..r.•�..:•,q:.N. ., u•_. •A%.%!.iwS!./Hj,'!���j/Gw.w.+s r. . r':�. -; .; (�re tevrt�ai 'tf'?atw►eht �D eha► rPade,03 current Orc(u we—) . . r�jl1 :• r� � Ir'6•r '.:5. ! ;r, ... •.;r'. , b � F•b � • % v_ � •.: a. "Ili �z'x►:�. -:: ��:'� r, f: " y� : .,. w'�U rat" ' "e. �w.` � N W AL - i'• �. ���, '.��irl1:,.,r.�„ « wp k/1rl•�•/�/�J�(�((���1'�.TJ�/-`I LL�� Wes- ' loci 2Nc��►t�' dLID wcui�• aM �?-�f ' •u l rim fjA I r ,fca to 114 a a5 hau�n� " F Wow • " work., Too Ivaf o kofi ' II•r��i',j,{!f'rj�!'S%:(C�M►"�.R'S�►•/��. ':.: _, .N ..Ir ;�l% 1 � � W�O�•a._ �'_" "rii� /►A ji o�td¢ {�C'cresat t � �. Q,4+d {�Cillldss '11!�UQ. �,��-ILtL oC u . , • • s •.l .l, , •i:l '.�J T • • , �•r rya• .� i •.. , r "SI :-r►, I.i •' it ir�i �1•�'.%.!iii�U"�i�i.:ri� r:•f,..'..��tiLr.'�fi.!y, •%Al''�: Ar! I- i I TT. OF +t;O.M. (UNITY do RZGIONAL AFFAIRS �I OFFICE OF THE COMMISSIONER � ;I Z1 •Pftpf Pvur►1 N JUNI.AU, A1.A.IKA 900H PHONE. 10011460.4100 I I wo E. 987H AVPNUP„ 0Ul / , 400 ANCN/1nAGE', ALArPXA 991011 PHONE; (907) 009.1079 October 3, 1984 '^14', 6 The Honorable Tom Wagoner 0 Mayor of the City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Wagoners REs PY 1985 STATE REVENUE SHARING PROGRAM - PREPAYMENT NOTIFICATION Your municipality's FY 1985 State Revenue Sharing application and budget for the current fiscal year have been received. A prepayment warrant in the amount of $328,949.00 has been requested, and will be mailed directly to your municipality, from the Department of Administration in approximately two to three weeks. If you do not receive your warrant within four to ails waeka of tho date of thin letter, (wait a little longer if your city has irregular or delayed mail service), ploacse contact Jon Cecil, Municipal and Regional Aocistanee Division at 465-4733. Your prepayment Warrant will have "FY 85 State Revenue Sharing Prepayment" printed on the check stub so that you will not, confuse it with other paymenta you may be getting from the State of Alaska. The final entitlement for the FY 85 State Revenue Sharing Program will be mailed to your municipality in mid -February, 1985. Sincerely, 44� l.� Emil Notti Commiazioner ces District 46C, MRAD, Anchorage :Q ■ DEPAIlt'1 TENT 01t NA'ITHAL 1110"H11WEN MA G01100VA 6TAFFT DIVISION OF PARK$ AND OUTDOOR RECREATION ANC140RAOF, ALAKA 001XH C'. PHOW (W- 71Z1H2463 September 24 191z4 ►eAiLu►aAnonralt p r MUCH 1M11 ANGH011Aa0, ALAUA 00610 Res 5 „ , Tom Wagoner, Mayor City of Kenai 210 Fidal.go Kenai, Alauka 99611 Dear H41aOfk/ AN Thank you for taking the time to write your recommendations And concorna on the Kenai River Special Management Area (KRONA) Advisory Board. You are probably aware by now that Chria Hontor wits appointed to the Advisory Board, We will look forward to having her experience and input in this major planning effort. We hope to have the first Advisory Board meeting by mid -October, We are working on developing a packet of orientation materials to send out to Board members by the first of October, In addition to the Board's input, we will be scheduling public meetings for the public -at -large, A planning effort of this scale will, require full participation by all con - earned -- the City of Kenai being no exception. We will need and appreciate your, help and cooperation in rile development of the Kenai River Special Man- agement Area Plan, Please share your ideso, (Iijeationa, feeling with ua at any time, The project supervisor for ti►e development of the plan is Jack Wiles, Chief of Planning (265-4528), the project leader is Deni Rauw at the acme number, and the field operstiona supervisor is Roger Labor,, Kenai District Superiatendent (262-5581). Assistant for field operations is Walter Ward. same number. Thank you again for communicating your care and concern about the Advisory jloard and aourceu of input. erely, n to abil C, .lohm"nsen Director PAYMIJITO OVER 01,000,M) W111Ci1 14113,11 C1110U'II, APPROVAL rpt HATIVICAT1tt1I 10-11-84 r vternm =: _,..-,,._ - , . • ,�...._- oli Ai�l�luiVAhs r!nklltl)7!ii)I-........ .... _ .. ..._ UY.I'lftllr1rl11-.• --..._.._.-. nt,4uur1?..__..__. _._..--- -�nrn;ir)...__.._. !'un"-- yw111ty Aaphall 141VI111S Pay Vitt. fill, ! litellrlr Or. Awwtoa , 1;a11u1/ertIt'll hrofunalonul bonlgn Annov. Itwlpurt Itself CP-Airport hump Inaport In11 R,rS'i7.n0 Innpvrttenn CP-Airport hemp Inriportlall 8,'/.56. m 'bane-Alanka Visglnearing Visglnaoring CP-Disr„n Park V.nginoering 9,50p.pr1 Collatrisrtleo 111111mituol Final CI'-Themptw,n Perk Conatrise, ttell 8,455.91 lntorent nn Itelalnagn (T-Thompunn Park Confitrose tlen 425.93 fi 1. 11 Vsglnuarn Prafonalenal Itorviven CP-Ilighbuah. Iklmbl. Ytlginaoring 4,568,75 llartlg. YhnAvn, Norman, Mahonoy Retainer rat Valdes; Alrllnon Attorney Prefounlonal florvican 1,136.20 60940 Yost 11AT1VIcAvous PYRO floptomber Ratlraurrnt U111 Various flit tiroman t 11i,S71.29 ` !SLOP, 11R1YH1 ortnhor Medical lnaurnuro Varh,um 11e1110 Innuranco 18,023.73 flrmlor Ylactr1s' ffapteabur Ylurtrlrlty 11nage VarleUa lltilltloa 31,731.07 Nrlmonln Itaneurea cantor A1speat Chlld Care ueman'a Resource Amounts Receivable 9,772,27 fletie►lnl Rank of Alaska Treasury Bill 10-4-8/5 Central Tranartry Central Treasury 3,000,671.44 10.911Z int. --- 'r R+. . rr 9•,�,: 'r -I'a�,-r r, - - 3. : i, r,.. ..r -T... - - , R • ,v;'W-'.. - _ PURCHASE ORDER CITY of KENAI =VUKNAAI- �,;� G LTI R DWIIVN1)l1k 210 PIOALGO 8T. PHONE 283.7536 AtIrPACKA� 15ANOPAPIW, ANARYR, ACCOUNTIMGIrIc KENAI, ALASKA 90611 � UIIAIING 1A IM15 PUM BLUE • SHIPPING & RECEIVING�,nAtst GREEN - APPROVED COPY No, PINK • REQUISITIONER Ihdo 10-1 7 - B 4 VENDOR NO Alaako Kwik Copy TO I SHIP VIA, By DRtPAV tMIDPi►i6 • GHAflf.t PUDF,IWK AU11fo mfin,wity itim" mul0Arml By . MPARATL ON INVOICII TNI :INAMI ()I IMOROP/115AU1NORIlt0A6tlIT 11EMN0. MAW) UNIT (9411PM AI4"41 r,►rMnu , Plano and specifications for library 100 3500.00 NOT TO EXCEED 1 y 210-49000-809 3500 TOTAL 3500.00 f� aw'w4..Q 001 GtvAldlAltaT /r HV.t1111f1J'1'1111J!i (IVl:ll $I,(IfHI,IHI WHICH IMI'll (A1111101. A1/1'1111VA1. I0-11-84 Nnt.•t I'/n (r•rr r1l ntlrll 4nly(ran I �l1'ilr, 11/t (T-1'oltco Ar ition Irulpt+r tfon 2�5(1(l.pf! i I i I I i r i { 1 91ifI(Ito nItod hys Arlminifit rntinn CITY Of KENAI ORDINANCE NO. 989-64 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1904-85 GENERAL FUND BUDGET BY $20,000 TO CONTRACT SNOW REMOVAL ON CITY STREETS. WHEREAS, the City Adminlatration deairen to provide snow removal in certain arena of the City by contracting for the service, rather than uninq City employeen, and WHEREAS, monioo were not provided in the 1984-85 budget for the contract method of providing the service. NOW, THEREFORE, 8E IT ORDAINED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated rovenuoa and appropriations be incroaaed no followas General Fund Increase F_atimated Rovenueas Appropriation of Fund Balance $20,000 Increase Appropriationat Stroeta - Repair A Maintenance $20,000 PASSED 8Y THE COUNCIL OF 711E CITY OF KENA19 ALASKA, thlo 7th day of November, 1904. YON WAMINK711, MAYOR ATTEST Janet ie an, City M=r First Readings Octaber 17, 1984 Second Readings November 7, 1984 Effective Dates November 7, 1984 Approved by Financ esC64 ' J fY � Y ; Q I ('- V by s P 1 nnn In (I h Inn i nr) romto i !In I nn CITY OF KENAI ORDINANCE, NO. 990-84 AN ORDINANCF OF THF. rOUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODF 14.20.020(n)(5), ZONING CODE, ELIMINATING CONSTRUCTION OF A BUILDING ON INTERIOR LOT LINES. WHEREAS, the Kenai Zoning Code now allowa a building to ntreddlo an interior lot line when both Iota are under one ownership, and WHEREAS, such a building and lot could each later be sold to noparato owner: creating a altuation where ono or both buildings would no longor moot requirements of the code in the area of fire ronintanco of exterior walls, roquiromento for open4ngo in exterior walln, requirements For parnpeto on exterior walla, structural requiromento and utility aervicen, and WHEREAS, a building could be built on two or more Iota under one ownerahip by vacating the interior lot linen, and WHEREAS, the Kenai Advisory Planning h Zoning Commiaaion conducted a public hearing on thin amendment at their regularly scheduled meeting on October 10, 1904, and no testimony won pr000ntod, and WHEREAS, tho Commionion unanimously recommended Lhia amendment to the Kenai City Council at naid meeting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, no followas Section 1s KMC 14.20.020(a)(5) in amended an followas "Every building hereafter erected oholl be located on a lot no herein defined, (IF IT I:i LOCATED ON TWO OR MORE LEGALLY SUBDIVIDED LOTS, THE BUILDING MAY STRADDLE AN INTERIOR LOT LINE.. HOWEVER, ALL OTHER REGULATIONS SHALL APPLY AS THOUGH THE PARCEL OF LOTS CONCERNED WERE A SINGLE LOT.]" PASSED BY THE COUNCIL OF THE. CITY OF KENAI, ALASKA, thin 7th day of November, 1984, ATTES1s Janot Whelan, CiEy Clark YON WAGONER, Firat Readings October 17, 1904 Second Readings November 7, 1954 Effective Dates December 7, 1994 as , ",iii(ili-iI v(I I q : A,Imini,tl ritI Ion CITY OF KENAI ORDINANCE NO. 991-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY -OWNED LANDS ARE NOT RE(JUIRED FOR A PUBLIC PURPOSE. WHEREAS, KMC 22.05.010, .0311, and .1150 reduiren that the Council nhall determine whether certain City -awned properties are needed for a public purpose, and WHEREAS, the disposition of such lands shall be made only upon finding that acid property is not needed for a public purpose, and WHEREAS, certain lands have boon authorized by the Federal Aviation Administration for sale for non -airport purposes by the City of Kenai, and WHEREAS, Lots 1-3, Baron Park Subdivision are suited for highway commercial development and not needed for public use, and WHEREAS, there is interest in purchasing this property for private development purposes, and NOW, THEREFORE, 6E IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followas Section 1s The described City -owned land is not needed for apurpose and shall be made available for sales Loto 1-3, Baron Park Subdivision PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 1984. ATTESTs JaneE Whelan, City e r YOM WAGONER, MAYOR First Readings October 17, 1984 Second Readings November 7, 1984 Effective Oates December 7, 1984 G-� I, ;i I I A c I l r• r� le fl r. hq1 VIP, • hI A 1 q; Vo 4 Sv Y♦ Ii ,I�11. ,�.I/ 1 b fill /. 41,.On CR 1.i6 ACRE$ I I t J I V ^��'✓V L1� V IL1L.L I I A4t Ml 111 t!! fl[ VAf,A1f 11 hY r 1 VA_, f'� I I I I I' Ai TNr, t7MI, iNR ALTrNIIATi, AGCL 04 i M 14 ernnlrnur,Tfo 44), • � pAf"UI'Rv"r �' I T LNU UO w Y 49 w i 1.75 ACRES p 1.96 ACRED 1 / / Lr10T'Iry4 h %4 461% A1151.Ve SW46%ov.1 ate 46 • �'" PorLITtilac .�Lo' 1 f.&SOL oj I �• " r.A4rrcflr 1 w tA' 1 LRIf4 • e uili.. r'i) •_ - Mof* 41'tt4"L It1#401d40"1I oor IMr eu 9q 1 fr h4 GAAin41)",I I ffi' KENAI SPUR HIGHWAY A •� V'�IQ Suqc)t►ntrrd by s Adm in in I. rat ion 1 CITY OF KENAI i ORDINANCE NO. 992-84 h AN ORDINANCE OF THE COUNCIL OF fill CITY OF KENAI, ALASKA, g' INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT y TERMINAL PARKING CAPITAL PROJECT FUND BY $29,000, AND TRANSFERRING $20,970 WITHIN THE FUND. y WHEREAS, the Airport Terminal Parking Capital Project Fund hao experienced coat overrunn in conotruction in the amount of approximately $49,970, and WHEREAS, $20,970 may be provided by a tranufer from the engineering dooign account, and WHEREAS, the belanco ohould be provided by the Airport Terminal j Enterprioe Fund. J NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF j KENAI, ALASKA, thats , r 1. The following incresoen in estimated revenues And ti oppropriationo be modes ., { Airport terminal Enter rice Fund neronoe Lotimated Revenue9s Appropriations of Retained Earningo $29,000 Incronae Appropriationas Tranafer to Captital Projecto $29,000 Airport Terminal Parking Capital Project Fund ncreaae Latimated -Revonuess lranafer from Airport Terminal Enterprioe Fund $29,000 Increaoe Appropriationo: Conotruction $29,000 2. The following tranofer of monies be made in the Airport Terminal Parkinq Capital Project Funds Froms Engineering $20,970 Tos Conotruction $20,970 PASSED BY IIIF COUNCIL_ OF III[ VI I Y OF KI-NA I, Al- ASKA, f.h i rr 17th (ltty of Uctobov, 1904. r IM4 WACIINER, AT TEST s Janut WhiiIan, City Clerk Firat Reading: October 17, 1984 Second Rundings October 17, 1984 Effective Dates Octot)er 17, 1984 Approved by Finances Cg G r �I y L a lu i 1 I ., , 0 E 1 C.O. approved by oil CHANGE 0 R D ER N0 :_"&-- ("Project KutwL_Muni ly�LAlxuorl.,i�r�il»ss_Lot_ --- InitIll tIon Date Improvementfs Contractor �(utllr.y=Assphalt 1'nv1nS - d City of Kenai You ,are hereby requested to comply with the following; changes from the contract plans and 4,)ee;ficitionn: Itam No. Description of changes - (leantities, unit,, unit prices, Change in completiatl ..clictilile, etc. Add 6,063 CY of Unusable Excavation--- Increase or (Decrease) 2 ; 21,220.50 3 Add 409 CY of Type Ill Fill (h $5,001CY 2,045.00- 4 Add 1,953 Tone of Leveling Course O $9.00/1'on 17,577.00 5 Add 35 LF of Remove Existing Curb & Gutter @ $10.00/LF" 350.00' 6 Add 27 LF of P.C.C. Curb & Gutter (Type 1) n $50.00'/LF 1,350.00 7 (Decrease) 11 LF of P.C.C. Curb & Gutter (Typo 111) 69 $20.00/1,F ( 120.00)-� S Add 51 LF of P.C.C. Cant In Place Curb 0 $10.00/LF 510.00 - 9 Add 907 SY of A.C. Pavement (,Clara C) Q) $6.50/SY 5,895.50 " 12 Aad 1 on Adjust Manhole to Final Grade Q $500.00'ea 500.0011.1 13 (Decrease) 3 SF of Topsoil 0 $100.00/5F ' ( 300.00), 14 (Decrease) 3 SF of Seeding 6i $300.00/SF' ( 300.00)' 17 i (Decrease) 2,855 SY of Mechanical Compaction 0 *,40/'SY (11141.00)" 21 Add Force Account to cut and remove aaphalt pavement 1,327.54 Set chatlge in contract price due to this C,O, $ 48,813.54 �f CHANCIi IN CONTRACT TIM, I 1 1, CHANGE IN CONTRACT MOUNT Oripinal Contract Amount $363.534.30 Previou, Change Orders _- 5,1922.00'- This Change Order 49,813.54 Ideviged Contract Amount-__3.417,539.>34� ' (Attached) 1 ) is full )ustificatson of each rs th,e C., , ctud % it effect an operation and maintenance cool'. This C,A, Is not valid until signed by teeth tf� n no sin er, Y,erni City Council has to approve n11 I' Contractor,# sijnature indicates his attreezert he eri , includI ny d)ustr nt in the Contract eua or Contrut tree, -G��vts I3 E f'ln'er ontr ® �y -' ! V `� i Li (fate 9-�-d ' � Bate Owner t. ", 11 r /' ,. ,.. ..- r,`!rti •, .y •eft ,��,�, tM,., �,�,� v i 'IM1.1 W1, ��� 1, .ft',t�►�;��• `���, ' •'!.J" `,{j�lttw�e��fi'�,�' �ri��.i • ���Yrt �tA� . t , QUALITY, ASPHALT PAVING INC. o,�y�f.rs+ rr•,:• t f/�. :tip,: Gennsl contractors ,�; fcg ► h� ' 1711 Is 82nd, ANCHORAGE, ALASKA 99507 :.,,j�,�;'� �i, 't�f,j4rtf,p :'r' %• ,;:!•.; (907) 344,9422 t ,js,;'7; rt i �:►� ��1 , I %`' . Juno 21 s 1984 f j ' •, "S3d�l/• •'', `�i�;ti��49 I"`�'� Ji'!it ,! l'•N - , ' ProfDesiga' Aoso*iaton Kenai.,Professionai••,Building Suits 201 PoOf Box 44061 a ;;.,,.<,.•. , leala, , Alaska14, !{ '%%L't �! •. j lr'/lftvr'i'. fy I '• j ,, BUBJECTt',,.?oroe*,Account.work cutting and removing Operator;950 ,loader, 0 37.01/hr x 2 bra = 74.02 ••�r� ; ; �! r Teamstert,� ; -' 'x • „r 0 36.01 /hr x 2 bra = 772:02 i :% •:f�' Labor , r'Yt, ;`4 , :; � ' i I j 0 33.34/hr x 1 hr 33.3l# }950 loader • :;,� ;� ;; 0 75a50/hr x 2 bra = • 'sJ;yard • hump "?,t � ; ' , ®, 49.25/hr x 2 bra = OperatorM0,104der.,0 37s01/hr x 4 bra = 148&04 ,a Teamster tt;t ' UQj',`''• 6 36.01/hr x 3 bra . 108903 950 loader"%.�/;• 4'75.50/hr x 4 hre +. ' ,110 6 490 50/hr x 3 bre = Total------_- , _%•7,�.' ,,, `r':' ' 435o45 ...��...... �....__._ x 20% ,.%�+i{�' y �•rr"'¢Ll���• .'h+�!i.l�i,,,, r .,' 35s�9 �i imc ;�Ir�<Il1_f,�•' •.'' •�cfti.�ir .rr.rr..+.rw it �w�r�r, { ,'1•,� rsi 0522054 .dphal is 151.00 98.50 302* 00 148.50 70000 105000 +70040 -805000 005.00 +522* 54 1' � i� 1 �1 - PAY ESTIMATE CITY Ml K Is'r;111 N Q r rJ i tf,, i G•• / (a� Project KENAI AIRPORT PARKING LOT Impimm .4n Contractor Quality Asphalt Pnving. Tncsy—_ Addrass 1711 knot 32tsd Avotsw AnchornRQ. AK 99507 -- Project ;,e . Q� Phone (907) 344-81422 _ Period From to ANALYSIS OF AUJUSI M) CONTRACT MOUNT TO DATH Ol Original contract amount j 363 fit) ONet change by change order,. � _54,005.54 O Adjtl:;tcd contract amount to chic 417, 53ti.R4 ANALYSIS OF WORK COMPLETED Original contract work completed $363,534.30 .� OAdditfonu from change orders complctcd 54,005,54 ' rr Material-4 ,torcd at cln":e, or period m O Total carnedOt •OC, n $417,534,84 OI,ci.q retainago of _ q� purcotit 'J Cotal earned retahmittvO O•� $417,539.84 e DI,c:,� :ut►unt or itrev iott:; p;tv vW ,, 341,_128.35 l 1 13:t 1:tud c title t It i $ 7b,kit. 44_'� iNf /rsi! l� 077, 47 cc; t;ontractr•r duality %,;vNIt Pavan;!, Iur;, ��. �r .�p--. a►�� ..�� ...ter � J ' J " � J .1 I 1 1 1 l 1 1 1 -, . .., , ,- .. PAY ;I l; e 1, of '! ESTIMATE N0: CERTI/ICATiON Of CONTRACTOR Aceur.linp to the hest of my knowle,l/c and belief, i certify that Ali items aml amounts ship«" an the foe* of this Periodic Estimate fox PArtiAI PXtestot Are correct,, that all work his been performed and/ar material sibpplied in full aeeorelanca •ith the tequlrements NI the releteneed Conflict, Simi "or .101g authorized oltviasions, substitutions, alterations, anther o"ilions; that the farrroi"a is a true saJ correct rtitamont of the contract .recount up to and ineladinR the last day of the period covwred bt that Perialic Fotimsres that no part of the "IlilAnce Out This Payment" has been received, and that the undersigned and his subcontrsetors have -(Check 01PP100,9410, floe) is, C.'j Cumpliad with All the labor provisions of said contract. ►, ElcomplW with all the labor provisions of said contract except In those instances when as nefc dispw colors with re- spect to sAid labor provisions. (ll (a) is olteeasd, describe rrl.tgr Vr w of el.eute, to W.WWVXMj&, •IWO ` CE4TIi1CATION OF ARCNITECT OR JNGINEER 1 certify this 1 has checked And verilied the above and farefointt Parinfic VatlmAte lot partial Pigment; that to the best of my knrnrfudFe end belief it k a owe and'etwoet sfateme"t of work performed and ea, miteriAl supplied by the coontractor; that All urk Asm, ow material included in tbie Pctiaife radmate has been lo'stweted by me An.l 'or by mg duty aufhoxi/wd rcprraeatAtira a AsaiSt.N.e Ano) that it has been performed Nni/ts oupplied is full Aeeordane, with ta.lnfremt•mq d tfw rvturencv eonrrArr, and thin pAniAl ttAymt,nt elasmj And ruquuated by the eoatnttoi is correctly computed on rho l,Aaio of work pt:rtorntcd anJ or mAte- Ilal suppli J,to t , !ti reed _ to YfrvlQrtfitoi3,a n�asvc�civ ,, .,, _ ,.._ X �/0'"'2 ,,. of , •.�;t ..S'.rrQ_....�.....� Prog-FAYMisiii CriaTIFICATION GY FIELD ENGiNEEa R�_`•.. . ��• .erg M-./�..A1001 tlhrrk trP* e( perms$ rrtill/rdt ^ "Avg ehetkvd thig v.,timAre ArAfahe gt tcrmtweIWO liclkAs"1. ul ,tmoxnrso lope c.erlydtr Aso esii ,the notes and � rrpxt'd aa{s•ctionte nt saw poivt r, And taw tr ri,r lic rr ports submits .i by the Architect rnrinr1 f, it t, nw opinfo.n #hit the *1ct4s ak, fit of work ptrtwmrd Aad is atAtvriAls 'WI-Plia,l it aceurita, this the cwtttAkux is 06.v14101a the requift.WVna of the c✓attics, AnJ ibis elm cGatrActelf 41"W1.1 fw a piid t Amtxsrct tegw:gtcd Ab.ts t•, I trrtify 110M All 0404 An,l "r OFOAtt'r;Alo under taw ermtritt its, 1•ce•n in yr, r.•d ht rw.• cn_I th of of ha• bre" N"riv(rPv,f tml •.y .up- PIirJ f 0011404CU .40W, rpb file requiretww's of tie e..rset "t, sotassionai Dead •A�vsiatets< � riper.• Arpionrd fraarresrtty WfM col i�z-1 6 3 4 Project KKNAI AIRPORT PARKING LOT IMPROVEM"ITS I tent No. Item Description Original Contract Amount Totnl to Date (luan t i ty and Unit Unit Bid Price TOtaI Unit Cost. Quantity Amount f LTERNATF, BINSC11EDULP, A 1 Clearing and Grubbing All Require(I 2,000,0f 2,000.0 100% S 2,000.00 2 Untwable Excavation 2,270 CY 3.5( 7,945.0 2,210 CY 7,945.00 3 Ype 111 Manalfied FL11 ' or Backfill 2,770 CY 5.0f. 13,850.0 Y 13,850.00 4 Leveling Course 4,960 Tor 9.0 44,640.0 4.960 T 44,640.00 5 ]Remove existing curb 6 gutter 20 LP 10.0( 200.0 20 LF 200.00 6 P.C.C. curb and gutter (Typel) 20 LP 5010 1,000.0 20 LP 1,000.00 7 P.C.C. curb 6 gutter (T elll 516 LF 20.0 10,320.0 516 LF 100320.00 8P.C.C. cast in place curb 736 LF 1A,0 7,360.0 736 LF 7,360.00 9 A.C. pavement (Class C) 24,347 SY 6.5 158,215.5 24,347 SY 151;,255.so :0 �Burnioh,6 Install (12 inch, Shape i CMP 16 Rouge) 36 1,F 50. 0( 1, 800. 0 36 LP 1,800.00 I 11 Construct open ditch 710 LF 5.0 3,550.0. 710 LF 3.550.00 j 12 djuat main line valve ox to finiah grade 1 ea 500,0 500.0 1 BA 500.00 13 1 o soil Owner furn 6hed 39.5 SF 100.0c 3,950.0 39.5 SF 3,950.00 14 I Seedin 39.5 SF. 100.0 3,950,0 39.5 SF i1 3,950.00 f 15 na 111.5 SF 50.9 5,575,0 111.5 SF 5,575.00 { i!si 16 !Remove 6 relocate exist, signni 32 ea 200.0 6,400.()( 32 PA 6,400.00 ' i 17 -Mechanical Compaction 24,347 SY .44 9,738,gq 24,347 SY 9,738.80 �!8 ;Painted Traffic Markings s All Required f 5 000,Od 5,000.0 100'G 5,000.00 (Remove 6 Salvage P,xioting 9 Pence 3 inch vivo with chain] I 200 LF' 20,Od 1 4 000.0J 200 LF 4,000.00 20 ! 1 500.0 1.500.0A 100% I 1,500.00 Remove and dispose exiating 21 —pbotructiono -All Re uire 2 000,0 2 000,0 1oM. 2,000.00 ' ALTERIIATE BID/SCHEDULE B b 1 {Burnish 6 Install Electrical Svsr_ tem amolp_te All Reeuired 70,000,04 70,000 A 100% 1 70,000.00 ' Totsl Amount for Thl a Paop I[ 1 l ALTER?$, BID Avai cif,- in $363,534.30 �� �rrd�Me e .,.-a1W..:oY11W11 pAY ESTIM46TE N0•, 4 - I Pi o j e c t KI'NA 1 ''I"' I r' 1 ',I, A 11TORT RA:11' OVERI,A7 1, feY�'1'I 'I;IVIS —ATMEV,T-T111mrirl— tofotlll.. 5049DULQ OF CONTRACT CRANGC OROfrS (C.Q.) lA•f.r,rT .h.rnrr .•rd.r n,u..t IIIJAW*M f1w. r.gv,.r.,,•n If ..,•ri h.l• P6'cn .f.,nv undo rn, ..7 nb-F +to. n..it nrd, 1- ApG,T,nq; t9crnmr„r �_ (prrTUACT Pn,EK GB9VGTNrl4 /q,)y A4 3M9„I Gt r..uq,/, 00299E CO,rTryACT C",not. On,.?"gn�Kr. CI(; rtrn+,gq ' f0+•t. C41T �� wrap AbUrn nr CnAW". qn{)kQ re"T "P CaAg1r, rTKa, CrT�'•4� Too.0 n0, t+A•G 1 5/15/ 14 Ad,)ust 4 storm st-wer mrsnholets & extend nix feclera Lo meet now location of fiervlca parsel on Lot 1 $5.192.00 $5,192.00 2 7/18/ 4 Final quantity ,►1Justments $48,913.54 $49,813.54 F TOTA i,S f 54, 005, 3 Approved Total COKt of Change Orders ((:,0,) (a) f54,lio�.54 "� Acductionq from Contract (c) Net Chin,!,.- From C.O. O $54,005,54 rb;tange Order, th.st reduce the contract, C01U.-M (c), should reduce the Total to !'.'to Column for thrit item affected, /' 0 - 0 /f W t CITY OF KENAI -0d Cap-4W 4 41"ia 210 FIDALOO KENAI, ALASKA 09611 y' TELEPHONE 203.7530 September 25, 1904 MEMORAN�:JM " 10s Ylm. J. Brighton, City Maunder FROt4s 7Real f Labohn, Land Mnnnger REs Estate Conl•ractss • D & A Super (2) Alaska Industrial Hardware 1 received two roqueots yesterday for purchasing leased airport lands by real estate contracts D do A Supermarket submitted a good faith deposit to obtain an npplreisal for Lot 3, Block 1, Etolin Subdivision Addition One. They agreed to purchase the property at appraised value W 95,500.00 or $3.30 per square foot). However, the title report at eloping identified a dead of trust in the ,mount of $500,000.00. Commercial Development (Alaska Industrial Hardware) also has requested to purchnso their loans property, Lot 11, Block 2, Fidalgo Subdivision, at, fair market value of $63,900.0 or $3,60 per square foot. A $,125,000.00 deed of trust encumbers the loaue property. The elosinq of the properties will be hi!jd in abeynnee until the request for purchase by real estate contract is accepled or denied, 1 recommend that thewe request.o be set►rsdulad for the Council work aesoion on this topic. JL/dg cc$ Tim borers, City Attornuy • J i a I' 19 0 h . or JJ oLA 9 i1 A88001ATEYs INC. ` PWFE6604 L E MEERS, SURVEYORS 8 PLANNERS 0 1 September 28, 1984 G-9 fy •� L � r te +;tKg �vVL • +;; Mr. Keith Kornelis, Director Public Works Department / City of Kenai ' 210 8idalgo Kenai, AK 99611 RP.s INLET WOODS L.I.A. CLEARING AND GRUBBING, PHASES I b II Dear Keith& McLane and Ansociaton, Inc., is submitting this proposal to provide the construction management, inspection, and surveying on the above -mentioned project. These services will be provided for a fee not to exceed $9872.00. All work will be charged as per the attached rate schedule. Estimated costs may be itemized as follows& Management $1200.00 Inspection 4400.00 Survey* 4272.00 *Wages in accordance with AS 36.05.010 and AS 36.05.030. While -we realize the limited size of this project, start up and close out efforts remain. Our firm has allowed for substantial inspection to insure adequate street main- tenance and cleaning. We also plan on using existing survey control work on sito. If you have any questions concerning this proposal, please contact our office. sincerely, S.A. Sam McLane SAM/le /0�17-09t APMV= ar COY OP KOW O 911V MANAQIM! — nmAuct g�.��.� Attachment A( PURLX WORM � ATTGaur ► OiI VIAL COPY TO .......... P.O.60X 488 60LOOTNA. AK 88688 807-263-4218 Technical Personnel, Survey Crew and Specialized Equipment Fee Schedules Effective January 2, 1984 Straight Regular Time/hr. Overtime/hr Technical Personnel Professional Engineer 60.00 N/A Registered Land Surveyor 60.00 N/A Civil Engineer 50.00 $ 65.00 Soil Technician 45.00 52.50 Computer Technician 40.00 47.50 Engineering Technician 40.00 47.50 Draftsperson 32.00 39.00 Clerical 27.00 34.00 Survey Field Crews (Standard) Includes Standard Equipment 2-person field crew 78.00 100.00 3-person field crew 110.00 138.00 4-person field crew 142.00 175.00 Survey Field Crews Title 36* (when applicable) Includes Standard Equipment 2-person field crew 121.00 152.00 3-person field crew 178.00 230.00 4-person field crow 232.00 292.00 Supplementary Information The hourly rates above are portal to portal from McLane and Associates, Inc., located at Mile 3.5 Kenai Spur Highway. Standard equipment shall be defined as all necessary field crew items including theodolites, auto levels and mobile FM radios. Other available equipment not included in these hourly rates are listed on the Specialized Equipment Fee Schedule. Transportation and subsistence while away from Kenai when not provided by the client are billed at the actual cost plus ten percent (10%) overhead. *The above rates are in accordance with the Department of Labor requirements as per AS 36.05.010 and AS 36.05.030. Poe :;(A lulu, corlt,irluou Specialized Equipment Electronic Diztnnce Monouring Daily Rate Howlett Packard 3810A $75.00 Total Station Hewlett Packard 3808A 50.00 Hewlett Packard 3805A 25.00 TOPCON Geodetic Total Station 50.00 Laser Beacon 5000 75.00 Computer Systems HourlX Rate Hewlett Packard Model 85 $20.00 with 7580 A Plotter and ®Tinter (COGO, plotting and earthwork software included) r Hewlett Packard 14odel 9815-S 10.00 with printer (COCA, plotting and earthwork software included) Hewlett Packard Model 125 15.00 with lettor-quality printer (word processing and engineering software included) Miscellaneous Equipment Daily Rate Raytheon Recording Pathomoter 30.00 340 Uniflite Cabin Cruisor and Other Work Boats upon request All terrain vehicle (track) 150.00 Track vehicle - Bombardier Muskeg 300.00 (8000 lb.) Snow Machine (double track) 30.00 ^ A.T.C. 200 w/trailer 50.00 Mobilization for miscellaneous equipment will be quoted on a per- job basis. 0 I / f i f , t i I ' e . 4 K1v1111 l;hnnIIN-F of (:mnnp-rro. I J _ linr Ml? 'Krnu1. Alo�kn 1NNr11 j (9071 Y113.79119 ECG ► � i Air ��31• f?has � ., � ��►, G u d) � / �1= j r M L 1 i AU`i"1•E0E1IZE'sD GAMES 01: CHANCE ANU 0Klt_L Holum to; PURMIT APPLICATION A Iww4• rtwnn.4-0 ..1 Qninos of Chance and tiklit I, US: $20,00 dill, with appileatlon; Pouch (tA 1 •/. of ontiru not pprocands Junnuu, Alaska 09011 0400 due wllh Arnnual f1rianr Inl 01410mont, INSTRUCTION ,1. CompletefourCopiesofthisApplicatlon.'ddltionallormcmnybn obtaned from the address given above, or any Dopartrn(Int of Revenue field offlea. o. 0ubmlt the otipinnl to the Alaska Dopnrtmonl c.! nn rrnue, b. Submit two copies to the nearest ally or borough office for their consideration. 0. flotain one copy for your rocords. iL • The permit foe of $20,00 must accompany the original application. This to Is not refundable. 3. New applicants must submit: • a, certified true coplos of articles of Incorporation or, it not Incor- porated, copies of bylaws and national and stele ohartore; b. current list of 20 Alaska members; and o. it applicable, copy of IFID certificate of tax exemption issued to nonprofit organizations. 4. Rensvral applicants must submit a current membership list and o copy of any amendments to their bylawa. Upon approval of the oppticalton by the Department, a permit vd11 be Issued for that calendar year, Aetivltles may not be conducted until on annual parmlt has been issued. The activity or activities author• Izod under the permit may be conducted during the entire eafendar year, unless the permit Is suspsnded or revoked by the Department. Each organization conducting activities must secure organization an Individual permit, iovaractivities conducted shall by other organizal na vdrether or not the Gotondtf Y nr ro�T organization requocting coverngo may be an ofI11lated or aseociatod organization. Thu applicant moat he a qualifying organization covered under Chapter 15, lingulationa for Authorized Grimes of Chance and fhlll as described below. A. b. 'Qualified orgonlzatlon .which operate* without profit$ to Ito mombera" mesas that no part of the net earning0s of the orgpanlan. tlon &hall Inure to the benefit of any private sharaholder or Individual. c. A cortifloote or letter of tax exemption issued by the Internal Revenue Service to evidence that the orgonhatten qualities under (b) aboyo. EXPENCE-0, Only ordinary, necessary and reasonable oxpsnses may be Incurred for the conducting of authorized games of chance and skill, Authorized expenses are eharpes, lees and dgOuctions which aro roaaonablo and nocosoery to the operation of the activity as stated on the pormtt. Unouthorizod expenses are those not directly related to the operation of the games and they cannot bo deducted, Name of or0antzation "amo of National orponfl tion pf applicable) GREATER KENAI CHAMBER OIL C014MERCE N/A fmatl ng Address Headquartors Mailing Address Post Office box 497 WA city 011011 .ZIP Code City, sate, 21p Code . Kenai, Alooka 99611 N/A _..,,a..�., All officers must be current, bona fide rnernbers In good standing, Namssof Local Officers - . Tttta Daytime Phone Number Robert F. Williamn President 77fi-8161 Prod Braun let Vice Prenident i 283-4fi48 Leroy Heinrich 2nd Vise Prooident 776-812 4. Dennio Swarner Treasurer 8 - '' /tas this organization over received a porrnft for authorized gnrnoti Type of Organization, (Check the appropriate box, fiebr to of Chance and okill? A3 05,16,210 and 10 AAC 105,010000 for definitions,) ® YB0 Most twoont pormtt Nurnbor:,_ .—��.�,� . ,... �. (] I. Municipality 0 0, Pollee or Fire Department and Company ❑ fJ0 „ E'a 2. civic or service E�1 3, tteligtous ❑ 10, Dop fAushere' Association .P (� .4, Charitable ❑ 11, PolitiCil to this organization recognized as a non-profit nrganlration U tz nonvofit Trade ❑ G, Fraternal under fhe faderal Income tax laws? Association Q YES include of IA!J it not Q 8. Educational ❑ 13, Flshtnp Derby Ati oefation a copy certiffcate, prevlcuaty oubm)tted. 1.1). N 9 9— ©1174 4 3 ❑ 7,'lotorarr3 ❑ 14, Outboard Motor ❑ No ❑ 8, labor Association J40w long has this organization been In os151enc0? Organized as: (Check tho appropriate box,) 1955 E Corporation; ❑ Assoelatlon; ❑ Partnerehlq f c,uthuilzed Games of Chance and fikill Permit_Applicntiun (continued) • ' _ __ _ _ _ __ _ Typaa of Gnmos to be Conducted, l.lut typoo of gnrnon by colnraon nurno,If othor thais thoto t1 �tnd, Goo At; 05,15,100, AS W;.210; 1R RAR ran 44A. Inn 1. ningo (N©Tt?: Ittnge I7 2. Rafflos A Lotteries C 7 4. Conluula of !;kill 7. Ice Classics games must not be held more than 0 occasions in a calentfor month with © 2n, Pull -tabs f,, t)op M1101 era' contostu ❑ 0. nnfn Classics no met# than 35 games per sosklon or series of ( 3. Monte Carlo ❑ 0. flub Doibles ❑ 0. Othe► (Plosse Ilot) games.) Da to 11altrn February 23, 1985 - Person In charge of games (Must be a bona fide and active member of poaniltoe organization) NOTE;•, The member In charge shall be present during the conduct of oath of the specified octivitlos $tnted on the permit, An alternate may be designated to conduct the authorised artivitlos during tho abunnce of tho member in clsargo, Leroy Heinrich Tilts 2nd Vice President Daytime PhonsNumber ' t1. Leroy Heinrich 2nd Vice President 776-6121 Alternate Matt Amundson Member of the Board 283-3585, DEDICATION OF NET PROCEEDS Tits entire proceeds of tits Ramos shall be devoted tand din• baskets, medical or health ears assistance, eharitsbie functions and dinner$ for the community, etc, The qualifications to receive buried In accordance with Regulation 15 AAC 105,20 0 Use of Dedicated Net Proceeds, the charitable donations roust include a requirement that all the of the organization within the community may qualify (a) the dedleated net proccedo given to a qualified organization and receive the assistance. Those payments may not bo devoted may not be used to psy any person for services rendered in con, neetlon with the aetiv ties from which the funds were derived. to organizational parties, dinners or benefits, picnics, or social functions limited to members and their families, Detailed records of all disbursements must be kept for later audit These be kept the accounting records for (a) Perms{teen may not steal, buy or lease buildings or land for their with the not unless Most buildings review, must with other organization proceeds a period of three years, are: (f8 Disbursements for the promotion of the welfare and well. (1) used exclusively for educational, elvic, public, or roligloua being of tie membership means that a member may receive ppitapp000s (such as hospitals, churches, schools, government assistance In the form of various charitable donations, vdulch, buildingo, or community contorsy, or have been approved by the organization'* board of directors, Charitable projects which an organization may sponsor Include (2) turned over to an approprlato nonprofit organization which qualifies as a tax-exempt erganKallon under the Internal noventio education grants, training asslataneo or job counzoiing, food Codu, Goolton C01(C)(3), or to a local, state or federal government, to the apace below, state the specific purposes for which the entire not proceeds pro to be devoted and In what manner, Proceeds will be dedicated to the on-going'promotion and support of the Kenji Chamber of Commerce and assist in local ' community events. AMOVO 37 COUPICfL DAN CLM 1 Esllmated Yearly Gross Receipts: 5 1(),006. I We certify, under penalty of perjury, that all of the statements contained herein are true nod correct to the boat of our knowledoe and belief, Yeefurther earl"y that none of the officers or members of our organfzation nor any person employed by this organization Involved In the Corr dual of games authorized by tho fequeoted permit have ever boon convicted of a Colony, a crime involving moral turpitude, or violafion of it munfelpal, stale, or federal gambling law. Vie further certify that we have delivered two coplasof this application to the flares{ city or borough offke for revlow, E 1 1 - 11 Thu KENAT POLICE 1)1.;11;%RTMENT grantu Nnmo of Law Enforcomont ABoncy approval for ._ Groator Konni Chamber of Commerce_^ .� Name of organization to hold Monto Carlo activition on SAZ'URDAY, - -. FEBRUARY 23, 3,905 (24 hour -ono day ovont, or 72 hour-3 day event.) /•q w Chief of Police Signature '+'�—"'—`•" ' Titlo/Poaltion Date HOTS: Thin: form past be complotod and submitted with the Wl ication(s) for a Mont* Carlo activitios.pormit. It Monte CUIO activitins aro hold on separate days/nighta, than thin form must be submitted with each application. Return thin form with the permit foe and application to: Aopartmont of itevonuo Pouch 3A Juneau, Alaaka 99811 Attn: Oamos of Chance 6 skill T •; 11 r., I 4 8 /' m .. Aaty Receivel P,O, BOX 400 K[tJAI, ALA4KA PNONE 203•1334 s A ► �� tJe) �• LEASE APPLICATION Name of Asp 1 tcant Uavld L. 1►uts:lii110 Arfdrssnn P. 0. Box 895 Soldotna, Alaal:a 99669 DuaLnum; Name and Addritnn Itutclsinsn Snlca 1, Service P. 0. Boss 895 Soldutua, Alanka 99669 � Kenai Peninsula Borough Sales Tax No. _02�69SIt _- — (if applicable) State QuQinono Licen3o No. 028500 (if applicable) Telephone 262-5891 Lot Deacription Lot 1 Baron Park fSubdiviaion Douired Lcnrlth of Loana SgvM_ Property to he used for Auto Salea/Service/BodyShop/Leaning q Doucript ion of DovelepmImto (type, conatruction, nine, etc.) Qlvn ntul-pyp;, of vnnat ics,fait�rn unri•Ar n� nding upon final piano - to follow. Attach development ►,lan to nettle (1" = 501), nhowiny all buildimla p lassned. time schadulu for Prollonerl Devo:lorments Bfiginning Pinto _ Mid-Su=ar 1985 t'ropocissd Complot inrs Uotr, Spring 1986 Eot smarted Va1um of Con•st runt ton ; $1,000,000.00 more or lean Dist as 10/2/84 itr}nrsd: Datus its;nods 1 i R m UoueCtpttun of {'t'cs{rrrty__ CONDITIONS CF ACCCPTANCC (To bit camp lfit. od by ttto City) Annual rent cater or rescst (.0% 1 c wt d for G -. ✓. 4 ✓cam ( ` A_a+.•.t.✓�• a 1 P o c ;n i t a c o c{ u 1 r R d I• l �r,('—. Aunuailimont a �.� R�ow� T Ina" Patwo mi'l1 roc! Construction moat begin by Completion data for ma,jnc conatcuction THIS APPLICATION WILL OF 14ADE A PART OF ME LEASE P1nnn1rkj, C ii�i 1prt'rtval: By-, + Vat.n of Approval / J l,ha1 c.n.tn City Cocinc;il Approvals Oy• Dato of 'Approval city r, firs — 4 el"I-, c I i ~ ~ ialll�'{N ( W a "u W •t ui L� .LN3D'J3Sb3 r LO I ON1YH8 go MOTH Nti"'N t3"��ya le, `J L :; C� Lfl %11% <411 "Co Lri F� r r f; 5 � E i r /0 4 2. 0 L-J L7 5. 0 Lf1 Gi "� �' %ice �• . .w4 '^�fc� ��c S� •e'S � �Fi1vrE I 4 m 4 �I 1YY// N 1 .A!i Ali,NI 419 .14 `4 ',AY • "I •q v �O 1 4. '#•o4�Q ,ya° u°' I Vlv.�l�t_�Lrl v 1�'L I I " Nrl , W: i rl' 119 I •�glpOq 7. C8 ACRES ti 'nr, N /ouy.. I i W � °os�, it I • I I 5 •° I I Y •p 4 Owr c. 4noff, a 1 ♦ I I • {IA 1 f Hbl.l 1A414I I I z qan )n' !d'.1�41: zA•at It'!11', : J L..` , lllor� IA t! d.:1 I !{•. •,! I 1/4 bl I 1 Ilfll I. I•f y:.•.Gl{h ajJ Y II( t.rdr SHt Al II I14AIr Ai r.f''•'r INSIQuc IL V H e l . ti,• ..,•• r , I � I I I 3 ^3 2 Q� i• `{ 1•73 ACRES KENAI SPUR HIGHWA CITY OF KENAI VVV " Od cap'4W 4 4", 910 PIDALGO KENAI, ALASKA 90611 T2LEPMONE283.7535 MEMORANDUM TOs Kenai City Council FROMs land Manager SUBJEAeff'Labahn, . Lease Applications Tracts B-1 6 B-2, CIIAP S/D 04 - Retail Mall - John W. Howard DATES October 11, 1984 At the regular meeting of the Planning Commission on October loth, the referenced lease application was reviewed and approved. The Commission - wished to pass on the recommendation that this application constitutes the very highest and very best use of the property. it i + i i ! J a,s k jal A � n,►r,v Recoivs�d t0 d •''A Tyna�T- T�cet3on%. P.O. COX 580 - KENAI, ALASKA • MOM 233.7535 114 4W 4-2p, i -Awe,a-�» (y3. Fgt4 rQ and titlef LEASE. APPLICATION Noma of Applicant O_V414 0- i4O_ZAM Addreua $7.115 fiUkGtC2 #-AWV i%4oto Quoinanu Name and Addroun Psaa t%oRwv- 11.4ASWA Kenai Poninuula Borough 5a1ca Tux No. (if applicable) State lluuinonu Licun3e No. (if applicable) lolophono 901-7Fsi- 6744 Lot Doscript ion 'Tt A rs j• i AaO a•Z► Cee1G t.M141 ZWO(*w Pl,(k SMba. 4� T, Deuirod Lonyth or Lonuo ; Property to be used for QEGteNAL S"oPps^14 AA" Oeucription or neveloprnentu (typo, conat.ruction, nizo, etc.) y N 494 S►Td PL&A) Attach davelopmunt plan to acnlo (1" - 50' ), nhowinq all buildinrlo I p 1 unrutd . emu 1 - PtaMkTf>a. vacs Timis Srhnriulo roc Profmus:d Do-vr0nprinnt : l e ,%AOUM24C elms6 ► , di�ost z, ONASC .3 L • /1P�r MAtI,s PRY ti yZ.i MA{.L Buoinnirtrl pate 1i M►r ►� 118s, ►paw HASG 1, pASE Z, ►�?--�l3K 3 ' �IAIfllfj. Prupwwd Completion pate ►� �'' '� ►M��'S Er,t tmated Valuo of Cunat. rust ion 30_r Ooo Dates 21 0,eaW-f Dates `,;i Jnrld: �\L, 'iignr!d: 1 J LI I s M KL?,AI CHECK LI :;1 FOR Siff. PLA14 i ' ALL I IEMS MW; f 3E COMM: 11.1) I1Ef 1JRC APPL I CA r ION CAN 01 ACCEP TED 0rn41n,la afit) uld by drawn to scab 111_ 5t1 ft.', and mu,It ahow layout of the lot npplied for and tho location of rrll Improve - meat a propoaerl. Ora,winqu muut ahu.is 1. E%iot ing buildin(jrt ✓ 2. Proposed buiidinga y 3. Parking facilittea (how many spacer) and where located) ✓ 4. Site improvement3 a. Areas to be cleared and method of diaporjal v b. Proposed gravel or paved areas c, Lnnducaping plan (retention of natural vegetation and/or proposed planting arena) - W 5. Building not back. .� 6. Orainnrle plan and method of gnaw removal ✓ 7. Circulation pion (all entrnnccta, exito and ran-oite accena) 1 8, LWation of rsign(a) - nirin pormit rrssruired TiW10M440w(q 9. Fencing .r 10. Curb cut!$ (where srlsplir,ablr) v 11 , ©ui ld ing height 1J,YE 3S� 12, RosIdinga on or nusrr thss airport on airport °I lands rnuut complisto FAA Form 7460-1 { •11s14 (east not. hav•3 to hR drawn by an nruhitect or ongincer. 2 d. 1. 1 1 1 filrtl ntrtr, trrF•riar�nttr)ru oil this 111iunt auhmil n (t►ra`a►nrr of huitittnvl pIammol, dravin to r►criIQ �1 1c;1I'tI 1" rt . Comat,rijrltom Mat orIato (worm rramo, ritttttI wit ldinq, nt(,..) 41�+�T��t• aI Lo,nfa�t �t,G ,,,,. i THI5 1)PAof(i MOULD fit: A.`) COMPLCIf. A5 1101;51(3 E 546 PlAAJ r, Notot; I a risd drawifill i•s !suhmitto!d, lit titch to thus p►pp ►�;at ifjn nu►d dI'sr.!1f.►r-f thi•s {)a(l,? ti I I inr) in roust rur;t ion mat fir I')Ia only, 3 r w r 'w. /01 AGFrou, tQr/IfiMr .! drr{t� G HEA wwrUne— 1Q' ewn t each area, sJ 1 R AC' 1 �• TRACT 10,54 Acrca • • \` , r �y O 'Q y TRACT B- 2 i 13,9 3 alias �3ecr�on dine i All lz PRO 5♦0 1-4 w" r O�� I 1 Ot!:tcr:pt :an of Pra1)01Vty Lhg-1 d.o &-Z C&AZa41 =w/, P"ek S.W.,O, A - fool,, CONDITIONS OF ACCEPTANCE (To he comf3leted by the City) Annual rent rate or coat Hof. fair mnxlcot value Zoned for General Commorcial Per -nits required Buildin , etc. A33Q3:3Ment3 None Insurancti roil:;ired $500,0001$1,000,000/$250,000 Conct ruction must begin, by 6-S F: i-cLt�.ed oil IQ / 0- Completion date for major eoP"�tlruc�tion THI') APPLICATION WILL BE MADE A PART OF' THE LEASE Planning rr): i 3zicln , ppr*7v 3l: i 1):If c nf Apprfval I l.h.11 C;Iian City Council .Approval % k: KY% , 1):Itn at' Approval My lurk 4 f , I . " a E � I 1 F' p N y,. ._. . .. ..__.. .:,—A a OR ., r, Prnjoct Data • " 1 '1 &am Affs of r l�f N S. Affs /t�Y, �.:� e.r•,• „�r t 1(~j (Mrrl •TbY fl/ttW«N 4000 of RetlaeelM A 400 of ►,.heal vepNerwl } •.,r ./'r �.... _ . _ - 1 r', OMB / Ono N r►«el.+ ca/trlv�es a,two so VAN thwes, OO ow*/ VV `� r 5 \ and b.Roon,aw,,rO f•..foo N 1 i / J 1 J ra cr. rr{ �01�� • 72 NN 6psw* foott4e 4f 100 of / / — I{ rr•e• :, 74 Wt Pe4ee1aM C'/tltp.oe 1100.1) i / •� / ��� 1/ , �,•�� Cp com dw«e foolop 124 900 tl N MrrM / • �i' / IAi1Ci10r �i01ii1N0f / • A, y i ONe fi+.t««M loss 40,000 at ' t •. �',' /ArtcAof M••rn .. Nr / e0,000 N I 2 3,100 tl / 3 I4 rw NMN•r... 1 4o, Pr9r4e4 t.tSs 4v«n 11' �rY CMIMY CM/� t •.Y e•w ,N �./ r. P«,.«r•« titfrl.,ree Aw i►i1*4 i- ne w• Major .i r tM01rtw'9 1 •` ( _ 1 ►, ter• 1 Anchor RotWla �.. eo.000.r � C�l� „tr. 4 major I Atigr0f RetrtMr it•'�•. //^^�� �r// �/e flee• � 4.,, s { Mtr1 T ..i �i L'W �l'il:+rt•'{ i I.1 S Om mi. ..� • . ..�.. �• ..r//.• .. I .. I..II.I•. ..:y,�; ;;T .r. �I...•; .�:IJ..,, 'I� •,•''• J^^vJyl.. I I '•. ,/,.. ., .. �...• ..-I. .'. I it . i Il, / /".•� �..,. • • .i• ►... •l • ... .(,".r.,.,,�.,1.+•.. / . ICENAt SIAt AR19- Conceptual Idaste r Ilan Wgj%ARO/GARNER/GMITH DEVELOPMENT URS ENGINEERO XfW"PVlwfIQ"4re.Ml t«ryneNueN 1•e r^rvcrwreeNl Can,Weerl «tie, •.,..rlr Mr^• r.•.r •• a rrrnwe w.a.r•rI trr"r r• 1 uuluplug ul ` . 1 JMOQ lauo� PIO ds I vuo), .1y 33avnbs IVN3H 1 lolul 4000 isuo)141Jou \ 'Jt o�14sl�1lN of %z0 + o0o'ct 009's ose'c O %69 + 0099 ots's oeo's ZU %OV + 000vt oowtt OZO'ot Qj osuerlo £86t 7-g8t toot m � ,. DAM -:fJAFrr1C ' Aj- 1oal lab, Iona x chnnau 10,020 11.600 14,000 +40% 5,000 6,310 0,1O0 + 50% to Nikishka & \ North Konai St�oot Vtilto,N KENAI SQUARES "', .► '�%� '4 yd' •yoy .�o Kona l �i nwa °1o, !ram Old `, �o Spar Konai Downtown �O 1 River Kepal , 1 I) 1 I �a I vo 1 1 1 � i I I � to $*Idol na I i 1 1 ,t I • jJ Pro1w De1e LW Ara& T3 4 Alta• •1 �l - n nr�rrl t j,NO,nq Area Ciao of - �,ti+:: syn ••.• . _ -I� d,.r1hY rM•gJ•nt 4 000 p N,tuat wq•btwn - - ' '- +✓.! t Ova r,000 of i — 1 I ra1l•t« �40of•, rr,0 `' J• r / . •ro tt„oA«r radn,• Tov./oo u 00 ,..<r. IsmWAPW t �• 1 N.t bwu• t'oot•rM TqT ►00 •t - , j Coos• How's rootage 724400 of N sr•� (i / ArWw Retafler Sow C0.01690 1 t 6% + I 40,00060 / J /Anchor Rotador Major Rota(lar �j) -- - 1 n,�,.,4 I ono fws11•a r • ,N • r/9 5••• r • 0 / 40.000 s/ I TT,lOO sl / , / J ( •L' I •. •,N k1•N wr, -YI:! J� 4 4wen 1 1 I:jj1J r, Lrtgerxl Pao Ian,•• age • scaLA�p t• Major T+, 40,00 McRotafla ,, 1 000 •t � II ar• 4 I Maly /" C. {tArOw Rofaim _ate40.0000 (51 mow. rh / /� �. � � - - It •; , pI.•i fw.. KENA1 ~ SPUR H1011WAY V KENAI SQUARE Conceptual piaster Plan �HQWARO/GARNER/SMITH DEVELOPMENT URG EPJGIUEERtf M,,,rv,Iw4.o One COVWAW F rl •w�q,Iwa ,y •I'•.o•MIw1,1 i.Ol•„i,w.,nw. V,•.•••urge M.Yw.1,IWMy, OaM.q ,•r,y ." SL._ _ t)�Y INL 1981 19&,— 1983 %Channo 10,020 11,000 14,000 + 40 % 5,090 6,310 0,100 t 59% o Nikishka & �\iNorth Konal Cook Inlet sliest �itytt0 KENAI SQUARE gone 1 �a, q0. Nt91+waY il Old 0 Spo r pA Kenai Downtown 1 '90e �a River Ker'oi ' to Soldotna —0 i 11 ITINERARY FOR 10-19-84 7s45 to 9s00 a.m. Breakfast - Merit Inn 900 to 11s45 a.m. Tour of Kenai and previo a cap_ al improvement projects <y� 12s00 to 100 p.m. Chamher Board and Council lunch - presentation of community center plans by Carmen Cintoli 1s45 to 305 p.m. Tour of future projects 300 - Chamber meeting regarding total capital improvement projects I b I't — il- 1 CITY OF KENAI 64;jaidW aj 4" 210FIDAL00 99NAI,ALASKA M11 TBLEPHOUS 2$3 - 7635 Oct. 9# 1984 TOs Council FROMt Janet Whelan City Clerk REs Don Asse, Liquor License Application The Back Door Lounge The Borough stated on Oct. S. 1984 that Mr. Aase had not paid his personal property taxes for the year 1984, me also has not notified them to set up an account for his proposed new lounge.1 contacted Mr. Asee on that date and he said he would contact his accountant to get it straightened out. I have not sent a letter of non -objection to ABC, waiting action on this situation. jW ■ 0 I L � U KENAI PLANNING b ZONING COW1155ION Septomber 26, 1984 Kenai City Hall Lee Lewis, Chairman 1, ROLL CALL Presents Lewis, Bryson, Carignan, Osborne, Smalley, and Zubeck Absents Oleson, Excused 2. APPROVAL OF AGENDA Chairman Lewis requeoted item 6-a be moved between items 2 & 3; delete item 7-a. Agenda approved with the changes 6.-a Competitive Lease Applications: Lot 4, Olk 1, Gusty S/D No. 1 Ronald Yamamoto/Patrick b Mary Doyle Chairman Lewis opened the meeting to either representative of the parties. Chairman Lewis reminded the parties that the Commission was to consider not the legality of the applications but rather if they meet the criteria presented. Mr. David Clark came forward, representative of Mr. Yamamoto stating that a look at the application as it would benefit the City of Kenai will show that Mr. Doyle's application for a car wash and gas pumps; when driving through the downtown area, there are quite a few gas pumps already. The maximum value to $75,000, maximum employment shows a question mark, but taking a rough guess, perhaps 4 at the most as the car wash is a do-it-yourself. Mr. Yamamoto plans to build a structure which would house office people and a restaurant with maximum construction value $750,000, employment is estimated at 20. If you look at the uses of the surrounding neighborhood it would appear obvicuo that a goo station is not the best use of the lot, esp. right next door to a restaurant and a small shopping center. It would appear the Mr. Yamamoto's application would carry on the use of the neighborhood. Tax value to the City for Mr. Yamamoto to much greater than that proposed by Mr. Doyle. The relationship of office space and restaurant do not in any way conflict with airport uses. Mr. Phil Nash, representing Mr. Doyle came forward and stated that "for the record, I would lice to voice an objection to the procedure that was established by this body". Chairman Lewis stated that the objection should go to the City Council rather than the Commission as the issue was remanded to the Commiusion on that basis. "My objection /' PLANNING COMMISSION September 26, 1984 Page 2 is to the proceedingo that Are going on here, not what woo transferred by the City Counr.il. It in my position that the City Council specifically directed that this particular application of my client be remanded bock to this body together with the 1978 application of Mr. Yamamoto and his wife with his specific statement by the attorney for the City that Mr. Yamamoto could amend that previous application but it was not amended, a brand new one was filed, so the basis of my objection is that before this body right now, ac remanded by the City, there are still only 2 applicationo,". Chairman Lewto noted that the objection will be made a part of the minters as stated. City Attorney Tim Rogers stated that the objection will be made s part of the record and to appropriate at this point and if there is anything further to gay it should be addreseed to the City Council. r Marko Zurack, representing the ©oyleo came forward and stated that what is needed to more office space. "Our proposal is to put in goo pumps to go along with the car wash, the benefit to the Community would be that they would keep their car clean and when they come in to clean their car they got a discount on their gas. 1 put a figure of $75,000 on construction but expect more, That's irrelevant, I think the benefit to the Community, our research ahows that the least sale they have is 30,000 gallono with soles tax at 51P per gallon, We feel that another gas station would be beneficial to a growing community �s rather than office buildings." There will be from 2 to 6 people , employed depending on how the busineou goes, if it rains there will be fewer. NOTES Commissioner Bryson joined the meeting, Chairman Lewis brought discussion back to the Commission. i' Commissioner Zubeck asked if there was any way this property could be sold under sealed bid or outright Gale, anower it in a lease restricted property as it to now. That could be an option, I MOTIONS Commissioner Corignan moved the granting of lease application as described to Mr. Ronald Yamamoto, seconded by Commissioner Osborne. "The date presented to me seems to suggest that would be the best use of the land. With the value of the improvements itself is evident, there to no doubt about that, the potential for employment is up to 20 �I as compared to 4 or 6, compatibility with the existing development, I think tisere in an edge there, demand of the proposed activity in the City of Kenai, there seems to be gas stations around, the point about -- 30,000 gallons, what impact Another gas station would have on that is unsure, there is nothing to oubstantiate that= relationship to j Kenai Municipal Airport, I feel it would be more compatible, we do I' Qe - Z i PLANNING, COMMISSION September 26, 1904 Page ; have gas stations around that could nerve that aron." Commitioioner Smalley stated that his feelings were equal to Commissioner Carignan. VOTES Motion passed unanimously. 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Community Center Committee Presentation Mr, Carmen Gintoli, architect came forward with an artists rendering, a model, and blueprints depietinq the proponed building and site. The intent is to preserve the entire area as outlined for specific restricted uses. "It would be difficult to swallow if the project started and say a Safeway were allowed to build". Mr. Gintoli and Mr. Malston went into the uses of the Center. The uses will be multi -dimensional and geared for community use not juot for conventions, however, there appears to be enough interest in the Kenai area, statewide, to bring a large influx of people to the Community. The Center is adequate for up to 750 persons and dissuasion turned to whether the City could accommodate that large number. Mies Connie Keevil and Mr. John Williams explained that once a complex of this type is built, tho hoteliers feel more confident and expansion does come, Miss Keevil citing Sitka and Valdez as examples. Mr. Williams stated that not all persons attending these functions would necessarily need accomodations, that many travel by RV and that those persons are particularly interested in Kenai because of Ito accessibility. fhe Commioafon needs to look at 3 basic itemo for the Centers 1) overall concept, 2) define the site on record and the Council will then set aside, 3) draw up criteria of noes The Col misaien and ropreaentatives of the Community Center Committee aoread to meet in a work sension to dirrcuss the Site for the Center, wednosdoy, October loth at 61O0 p,m, 4. PUBLIC HEARINGS a. Resolution PZ84-19s Rezone Portion of'CIIAP S/D from IL to CG The memo enclosed describes the discussion with Mr. Keating regarding his concerns about the warehouoes in the area to be rezoned. One suggestion was to allow warehouses as a conditional uue, and to define 'warehouse'. Councilman Wise suggested creating a new zone for areas in transition as this one is. Commissioner Carignan asked if the major facilities in the zone fall into the CG category. answer yes, with the exception of Mr. Keatings lots. u I PLANNING COMMIS51ON September 26. 1984 Page 4 MOTION: Commissioner Carignan moved, neconded by Commisoiunor Bryson to adopt PZ84-79 with exception of Mr. Keatinga Iota. Commiaaioner Carignan stated that he was concerned with waroheuoeo in the CG zone, oven no a conditional use Chairman Lowio opened the hearing for public commont. There were none. the issue is back before the Commission, The Commission discussed other arosa were warehouoeo exist in CG zones. MOTION WITM©RAWNs MOTIONs Commissioner Carignan moved to approve PZ84-19, seconded by Commissioner Bryson, VOTE s Motion passed unanimously. c. Resolution PZ84-80s Rezone Tract f-1, Sprucewood Glen S/0 from RU to CG - Include Site Plan Chairman Lewis opened the meeting to the public. Mr. Edwin Lowry name forward and stated that he was roguosting a 30' ooaement. Chairman Lewis informed Mr. Lowry that this diacuanion woo for the rezoning only and that the cite plan would be discussed later. Mr. Jim Slanning requested a description of exactly what was proposed for rezoning. The plots on the wall illustrated the area. Jeff Labohn further described the area no that formerly rezoned to AU to accommodate the 4-plexes. Miss Connie Keevil came forward and stated that it was her feeling that Mr. Lowry ohould he committed to one final site plan. Mayor Wagoner name forward and felt that there still is some confusion on the part of the public as to what to being rezoned. "As most people in the City know, I'm for planned progress. I have met with Mr. Lowry and Mr, Partee several times, lending support for their project, but I do have some concerns, About a year ago this area was rezoned to accommodate the 6-pleres and at that time there was no problem with the site plan, however, I do have a problem with emm of the things that have been done and if Mr. Lawry is going to proceed he needs to hear some of the things that have been said to me by the people of Kenai. They are very upset with the lack of progreso, I'm not upset with that because I understand what happens with financing and leaoeo, -- e - PLANNING COMMISSION September 26, 1984 Page 5 however, there has been slot of conrern About the condition of this property at the present and the lack of screeninq that woo to have screened the 4-plexen from the highway. That would not have been no important if the development had gone through initially, but it hasn't. My main problem is not with the rezoning, but with the continual rezoning, changes of plans, and lack of progress leaving the property in the condition it is. I have been called a "Greenio", I like to see Kenai develop but I want it to look good and its starting to look better and better. We've spent plot of money. I hope Mr. Lowry is willing to come along with the City on landscaping." Chairman Lewis agreed, stating that this Commission has heard the same concerns as for back as a year ago. Mayor Wagoner stated that "1 think some restrictions should be put on, not to prohibit development but to see that it to done right". Mr. Lee $oily, a resident of Tern Ave. came forward voicing his , concern that this latest change may be loading up to yet another change and how can citizens put a stop to changes. These are major changes that affect the value of property. Jeff Labahn stated that there are no limits on how many times a piece of property can be rezoned. Mr. Doily stated that, "you were concerned over the goo station, can you now show so much concern over something this large. John Williams, property owner on Walker Lane voiced concern over the rezoning of residential to commercial in that it would increase t1he entire complexity of commercial property. If this road goes on into Walker Lane it would become a back entry into a commercial area, thereby increasing the amount and flow of traffic on a residential street. There was concern 5 to 6 years ago when he first discussed building apartment buildings. Would you consider blocking off Tern or write in acme restriction preventing this back area from being used, Mr. Lowry stated that the purpose of a revised site plan woo the need for more retail space and more parking. Traffic would be discouraged from going to the rear of the buildings, that to to be used for employee parking and to similar to the parking at the rear of Alaska Commercial. Commissioner Smalley asked what the effect would be on the project if the rezoning were denied, Mr. Lowry stated that it would eliminate the 30,000 sq.ft. addition. The Commission discussed the parking within the mall and against the building. Commissioner Lubeck stressed that Lot 1 to a greenbelt and cannot be disturbed. Chairman Lewis agreed, stating it is up to this body to do all it can to protect it. Mr. Jim $lanning asked about cutting Tern Avenue through. Jeff Labahn stated that several months ago, this body held a hearing and endorsed punching Tern Ave through to Walker Lane, however, at the time, the I ,. /' PLANNING C014MIS51ON September 26, 1984 Page 6 specific nit© plan here now was not available. The other item given conreptual approval was the additional access through the buffer which is there now. Councilman Wine pointed out that when it was first proponed, there was a mailing to everyone in Central Heights and public hearing was held. Only 4 people showed up, each wanting the access. Since that time, the City has gone so far as to authorize an assessment district to pave that proposed new Tern all the way from Bridge Access Road to the existing Tern in Central Heights. That will be constructed based on the funding authorized next year. There was a great deal of concern as to whether or not, people wanted additional access and from the turn out, they did. Commissioner Smalley asked when thin took place, Councilman Wise stated it was adopted 9/10/84. Commissioner Bryson stated that the Commission had never seen a plat which cut through the greenstrip. Jeff Labohn stated that it was given conceptual approval and the minutes stated that the developer would have to take the responsibility of platting the access of Tern Ave. Lee Daily stated that the property that is being discussed is a buffer zone and when it wan acquired and retained for a buffer, the City fathers had no intention of putting a street there. It is now penetrated and ohould never have even been considered and is now not even a buffer strip. There is a fire hydrant and poles in the way. Is there any way via can stop this street from going through and reverse this. Just try to sleep at night now with all the traffic going down Walker. There should be another entrance for Walker but not here. Councilman Wise explained that he should contact the City Clerk and ask to be placed on the agenda for the Council meeting of 10/3/84 and ask the Council the reconsider the resolution. The action has not been taken and the contract gone no further. There was a very specific effort to contact everyone in Central Heights and what they got back was that it was wanted, The Commission recessed for 8 minutes. At the return, the site plan will be the next item for diocuecion. The Commission discussed access points onto Walker and the Spur, and parking within the mall at length, agreeing that another access onto �. Walker so close to the intersection wmild be detrimental and unsafe. 140TION s >> Commissioner Zubeck moved to approve PZ84-80 to rezone Tract F-1 Sprucewood Glen to include the revioed site plan excluding and prohibiting the proposed additional access onto Walker Lane, acconded r by Commissioner Osborne, i ( f i ■ :i 0 PLANNING COMMISSION September 26, 1984 Page 7 Chairman Lewin opened the hearing to the public for comment, Mina Connie keevil come forward and stated that "on general principal the rezoning won't do any more harm than has already been clone. The trees won't over cover the apartment buildings from the commercial area, they will have to live with it, anti the quirk stop type establishment in a foregone conclusion even though there are several of them in town already. The main concern comes when the development begins and the trees go down. When Mr. Lowry cuts a driveway, he cuts a driveway. If Torn does go through, there will be a worse traffic problem for a residential area already contending with problems. Commissioner Zubeck asked if putting Walker through the other end would be a better solution. Emily Deforest came forward and stated that she is interested in seeing the greenstrip preserved also. Mrs. Deforest works at the library and hears people come in complaining a great deal about the condition of the lot and the trees that were taken. c. Resolution PZ 64-83t Amending Kenai Zoning Code to Establish Validity Period for Conditional Use 6 Variance Permits Chairman Lewis opened the hearing to public comment. No member of the public come forward. MOTIONt Commissioner Bryson moved to recommend the approval and initiation of Ordinance modification to reflect the proposed change, seconded by Commissioner Carignan. VOTES Motion passed unanimously. 5. APPROVAL Of 14INUTES of September 12, 1984 Commissioner Carignan noted an error on page 9, delete "seconded by Commissioner Carignan" Minutes approved with correction 6. OLD BUSINESS Both items a 6 b handled above i I { i w PLANNING COMMISSION September 26, 1904 Page a 7. NEW DUSINUS a. Lease Reviews Site Plan/Proponed Conntruction for Lot 1, Blk 4 GAA #1 - nave Diamond d/b/a SouthCentrnl Air The Commission reviewed the material. MOTION: Commissioner Carignan moved to approve the site plan, seconded by Commissioner Osborne. VOTE: Motion panned unanimously b Vacation of Utility Easements Alveska S/0, Merit Add. This involves the Kenai Merit Inn and the Merit Plaza. There are 2 easements which croon through the property. Commiosioner Carignan coked if the existing structures were built over the easements, answer yes. MOTIONS Commissioner Carignan moved to recommend approval to the Borough Planning Commission, neconded by Commissioner Smalley. VOTE: Motion passed unanimously. c. Vacation of Section Line Eseements_Baron Park S/0 6 AdJacent Commissioner Smalley asked that the record reflect that the Sterling Highway is incorrect, the Spur Highway should be substituted. MOTION: Commissioner Smalley moved to vacate the section line an described, seconded by Commissioner Osborne. VOTES There were no objections. d. Anchor Court Trailer Park - Public Use Easements This has been brought before the Commiooinn earlier by Mr. John Williams. It is the opinion of the Land Manager and the legal department that sir,.e the easement in question is not being used for its intended purpose, the City should quitclaim that easement back to the adjoiner. i >t i r'0111, a PLANNING COMMISSION September 26, 1984 Page 9 MOTIONS Commiaoionor Smalley moved to recummend approval of rnlinquioh of easoment hack to the Catholic Church, aoconded by Commiooionor Carignan. VOTE s Motion panood unanimously. 8. PLANNING a. Renolution ►'Z84-84s Rontricting Construction of Buildings on Interior Lot Linen - Howard Hackney Howard Hackney explained that thio doors not include townhouse type development, basically, just the commercial sector. The problem comeo when a building straddloo a property line, then one of the loto are sold, the building now becomes illegal due to the building code rostrictiona. The way to make it legal would be to vacate a lot line. Thin ordinance would make it mandatory to come to the City for a permit to build over a lot line, thus creating greater control over violations. MOTIONS _ Commissioner Carignan moved approval of P7.84-84, seconded by Commicoionor Bryoon. VOTE s Motion pasoed unanimously. Itom will be oat for public hearing 10/10/84. 9. REPORTS a. City Council The Council hoo been diocusaing the quootion of the incinerator. The Council has oxpresaed slot of concern over the lack of information that we have, the implicationo of the bond laoue, and the site. The Council and Chamber of Commerce will meat with Skip Bombard of the ! Borough on Friday and Councilman Wise asked to have some kind of a III' comment to take from the Planning Commivalon. The "allodged site" situ very clooe to the City'o main well and if there were any leakage or ground water contamination at all it could very well pollute Beaver Creek and part of the Kenai River not to mention the residential q oubdivioions nearby. There are ,just too many quentiono unanswered. Commissioner Bryson noted that about half the people in the City operate off of ahallow; wells that are in upper aquater which are highly nuaceptible to any ourface contamination. Comiosioner Smalley I I N a a I PLANNING COMMI55ION geptemher 16, 1904 Pngo 10 voiced his► concern ever this dumping of (frilling mud rmstes near his own well. MOTION$ Commissioner Smalley moved to reenmmend that thin body sends itn concerns with Couneilman Wise and until we can receive more complete information we are definitely not in favor of the facility, seconded by Commisoioner Onburno. VOTE: $ Motion passed unanimously. MOTION$ Commissioner Smalley moved to request that Council reek information about the potential Union Oil drilling mud rontnmination, seconded by Commissioner Osborne. VOTE$ Motion paused unanimously. bb. Borough Planninc$ Report A great many plato were seen by the Borough. The Sorough has initiatod an invHotigation into the Coastal Zone Management Plan several years ago in an effort to riot input from individuals throughout the Borough, Commissioner Bryson was asked to hand out queetionairee. Commiesioner Zubeck stated that CZM had claimed all property lying below a certain elevation which takes in most of Kenal. v. City_ Adminintration Re art Mr. Hackney pointed out that a hooky shop has been ripen on Beaver loop with an illegal sign and traffic con(jestirin. The shop is on the scale of a retail store than a home occupation and further had not gone through the permitting process by the City for a home occupation. Commissioner Smalley agreed, stating that he had already put it in the record at another meeting. There is a new addition to the home for the shop which takes it out of the realm of home occupation by exceeding the required square footage. Jeff labahn (suggested the owner be cent a copy of the Noma occupation section of the code as that appeared to be the promise for operation. Commissioner Smalley asked what progre90 had been made on the complaints on Mr. Quandts' property. The otate had fllud suit and nothing more has been heard. 1 r� :rI PLANNING COMMISSION September 26, 1984 Page 11 Jeff Labohn ankod If it wan the intent of the Commionion to review home occupation permttn, anawor yea, eopecially in view of the con Brno of Mayor Wagoner. Comminnioner Smalley asked if the ownere of the hockey chop would be notified that they are in violation, no definitive answer. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS Councilman Wise dincuooed the Old Towne Redevelopment otating that money has been appropriated. 12. COMMISSION COMMENTS & QUESTIONS Commissioner Osborne asked for progress on the problem of the ditch, Jeff Labohn has authorized a survey, Commiasioner Osborne had recieved a complaint from the leosee's of the sub shop on the corner of Spur Highway and Coral Street concerning the traffic flow in front of the shop. Jeff Labahn explained that the access road is actually offset from the actual access from the Spur, The City in looking at straightening out the intersection, recutting the curb further down. Councilman Wioe naked if Mr. Doyle had fixed the curb cut in front of his car wash, answer no. 13. ADJOURNMENT ' There being nn further buninenn, the meeting was adjourned at I WO } p.m. The next regular meeting will be Wednesday, October 10, 1984. 1 ,j Janet Loper Secretary s , i 1 � . -i f. r 3 i a i4 KENAI PLANNING 6 ZONING C0MMISSION October 10, 1984 Kenai City Hall Lee Lewis, Chnirman 1. ROLL CALL Presents Bryson, Carignan, Lewia, Osborne, 6 Smalley Absents Ol000n 6 Zubeck 2. APPROVAL OF AGENDA Add Capital Improvements Prioritization under item 8. Agenda approved with addition 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS e. Resolution PZ84-84s Amending KMC 14.20.02O(a)(5) Prohibiting Construction Across Interior Lot Lines Chairman Lewis opened the hearing to the public. There were no comments; Prom the public. Chairman Lewis returned the hearing to the Commission for comments. The Commission reviewed the amendments with Howard Hackney, Building Inspector. NOTION$ , Commissioner Carignan moved, seconded by Commiasioner Brysnn to adopt PZ84-84. VOTES Notion passed unanimously. 5. APPROVAL OF REVISED MINUTES of September 26, 1984 Minutes were approved as submitted 6. OLD BUSINESS None l im �r i PLANNINC COMMIS111IN October 10, 1904 Page 2 7, 'JE;W BUSINESS a. Lease Applications Lut 3, Baron Hark 5/0 - Sandwich Shop -David & Mary SwenUr No one was present to rnpreoent the application. Jeff Labohn introduced a revised nit© plan that wan oubmitted rafter packet, time which addrosses some of the items in Mr. Labahn's memo. In reference to the concern aver a I year Joao@, the opplienntn otated their intention to eventually purchase the land. The revioed site plan addresoed the parking, accatia, and interior traffic, however, the landscaping appeared to be left off and it was unknown if thin woo intentional. The Commission aloo noted that the construction was to be in 2 phones and questioned when the curb cuts/acceou points would be constructed, No answers available. Mayor Tom Wagoner came forward and questioned if this would be the highn9t and gent use of this valuable property, Mayor Wagoner pointed out that a year ago, the City had a iot of land to dispooe of, this year that is not the case and frontage property on the Spur boo increaood in value. Since there are neveral sandwich shops and fast food shops in Kenai, perhaps a larger, different type of business would be more appropriate. Thin in the loot piece of property on the Spur Highway with wat-cr & sewer. MOTIONS Commissioner Smalley moved to postpone this item to the next meeting, seconded by Commin5loner Onborne. VOTE s There were no objections. b. Concept Loose Applications Lot 1, Baron Park S/0 - Car Oealerohip Dave Hutchinao Mr. Dave Hutchings came forward to present hio application. Mr. Hutchings explained that his bunineos has "been surviving on 5 acres in Soldotna for too long" and that hio buoineoe hao outgrown the apace. Mr. Hutchinao explained that he planned to leave a part, of hio business in Soldotna but that the major portion would be on the site plan as indicated. Since the configuration of the property does not allow for one large building, there are 5 separate buildings that will be built in phases and paving and landscaping will be put in as the phases progress. Commissioner bryson wished to go on record so informing the Council that the Commisoion considered the highest and best use of thin property. Mayor Wagoner. Bill Brighton, and the Commission diocusned the relocation of Marathon Road and planning aopecto involved, PLANNING COMMISSION October 10, 1944 Page 3 Commionioner iiryoon noted that thin location would be benefieinl in that ita proximity t© the airport would porhape crente a market fol, rentals for tor. Hutrhingn. Comminoionor Smalley winked to go on record as stating that this appears; to be an appropriate sine for the property, The Commioaion wan concerned that thin application return to the Comminoion upon completion of further plane, Mr. Matt Hill of Craighill Chryalor came forward to state thAt it io hia opinion that when you group together like btidineofien, you crento a more desirable market for the ruatomor, accoaoibility becomeo easier, and aesthetically, it in more desirable. MOTIONs Comminsioner Smalley moved approval of the concept l000e application for Mr. Hutchingn, eecondod by Commionionor Carignan. VOTES Motion p0000d unanimouoly, e, Lease Applications Tracts 0-1 & 8-2, CIIAP S/0 #4 - Retail Mall John W. Howard Mr. John Howard come forward and prooented the site plan and concept of hio mail. Thin mall is conaidored a Cl000 A mall oinco it is over 200,000 square feet and thin site is virtually ideal for thin type of development. This mall design is highly compatible with the surrounding developments Mr. Howard plans to moot with Mr. Hutchingo to coordinate the landoeaping to make the Airport Way approach consistent and desirable, Two national restaurant ehoina and 2 major ' retailer chaino are committed but will remain undieclooed until the construction is further along. Mr. Howard explained that thin in en entirely different concept from the propoaal of Howard, Garner, and Smith. Mr. Howard having left the firm duo to differences in concept, Thin mall concept, io for more compatible with Kenai end the 4 national chain buaineooea are the oamn that Mr, Howard started with and are otill committed to Kenai, Mr. Howard explained that the businooneo will create 300 - 375 juba. A study of the area shows a leakage of money to Anchorage, the higheat going to cars, furniture, and clothing, A mall of this oize will stop that leakage and keep the money here, The only loaa will he to the tranoportation intereots who carry the ah©ppero back and forth from Anchorage. NOTIONs Commloeloner Carignan moved to approve the leave application for Tract & A 1 2 C11 P to Mr. John Howard, a n , , eco dad b C�mmioniener Bryson, y y w PI.ANNING rOMNISSION �. October 10, 1904 Page 4 VOTEs Notion ponnRd unanimnunly, romminninner Smalley staked that the rerord nhow that the Commifinion feelo thin In the vary highent arid vary befit, uaQ of thin property, in tormo of employment and revenue also, d, Preliminar Plat P704-85s Uavidnon 5/0, i'arilia Add. g This plat io the renult of a request by Public Workn no improvements are plated for E. Alink Street. I�OTIONs Comminaloner Smalley moved, nocanded by Commissioner Bryson approval of PZ94-05, VOTE s There were no object.iono BREAK - Commission took a 7 minute break o, Preliminary Plat P704-86s Ninty Haven 5/0 �. Thin plat to in the oamo area, y NOTIONS Commia+sioner Smalley moved approval of P184-66, oaconded by Commiosioner Osborne, VOTES There were no objectiono f, Preliminary Plat PZ04-87s Neeko S/0, Evergreen Grove Add a2 and Vacation of utility Easement Thin ifs a replat of loth 1 A 2 which were deoigned for townhouse development, brit, now will allow a tri-plea, The easement to be vacated in for utilitiea and they have otated that they have no uoe for it, the lines Coming from another direction. Jeff Labahn mated that he would like to oeo the oasement vacated on the remainder of the loth, Mr, Clint Nall otated that he had received no objertion from the utility companion only on the loth intended for the tri-piex and dnen not know the utility arrangerrrcnta on the other Iota, NOT IONS Commissioner Bryson moved approval of P784-87, 5eenndrd by ComnrLou Inner Carignan, PLANNING COMMISSION Octobur 10, 1984 Page 5 i VOTEs Motion passed unanimously, g. Preliminary Plot P704-86i Win View /Dj—Relot Lots 20 Olk 2 This is a classic ease of building a dwellinq too rlase to the aide yard setback. The petitioner is the owner of bath Into so moving the lot line is no problem. The move would, however, create a lot of less than 40,000 and the resolution would be a request to the Borough for an exception to the requirement. 140TIONs Commissioner Carignan moved to approve the replat with the stipulation that lot 3 be accepted as a substandard lot, seconded by Commissioner Osborne. VOTES !• There were no objections. 8. PLANNING / a. Capital Imgrovementa List, 1984-85 The list has come to the Cnmmiaoion from the Council fnr a prioritization. Co=isslon recessed into a work sseoolon. The Commission submitted work shoeto to Jeff Labohn to tabulate. The results were approved and submission of the results was requested to go on to Council. NOTES Councilman Wise and Cummiooioner Carignan left the meeting. 9. REPORTS a. City Council Report Councilman Wise not in attendance. bb. Borough Planning Report The only items on the Borough planning level were the plate seen this evening. M r.. PLANNING COMMISSION October 10. 1984 Page 6 c. City Administration Jeff Labahn reported that the Council has authorized proceedings for disposal for Government Lot 11. Commissioner Smalley stated that "thin body recommended that this property be left for recreational purposes due to the fact that there was other land available in the City". Work has begun on the Comprehensive Plan. Mr. Cervantes of the , Borough has been meeting with Jeff Labahn to identify areas of the Plan which are in moat need. On zoning violations; Kenai Hydraulics is gone. The problem of the hockey shop nd the sign has been turned over to Howard. A report will be at the next meeting. One of the Commission meetings falls on December 26th. While traditionally it has been cancelled, an official standing is needed to be able to plan ahead. MOTIONS Commissioner Smalley moved to cancel the meeting of December 26th, seconded by Commissioner Osborne. VOTES The motion passed unanimously. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS No questions or comments 12. COMMISSION COMMENTS b QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned at 1O:0O p.m. The next regular meeting of the Commission will be Wednesday, October 24th, Janet Loper Secretary r- �r� a n KENAI ADVISORY LIBRARY C014MISSION September 18, 1904 Kenai City Hall Kathy How, Chairwoman f s i f , �f 4 � r j O 1. ROLL CALL Presents Castimoro, Hous, Quoonel, Swarnor Absents Careon, Smalley (not deoignated excused) 2. AGENDA APPROVAL MOTIONS Commissioner Turner moved, seconded by Commissioner Queonel to approve the agenda as submitted VOTES Motion passed unanimously. 3. APPROVAL OF MINUTES of August 21, 1984 MOTIONS Commissioner Swarner moved, oeconded by Commissioner Turner to approve the minutes as submitted VOTES No record of vote 4. PERSONS PRESENT SCHEDULED TO BE HEARD None 5. DIRECTOR'S REPORT a. Fiscal Yoar 1983 Report no cow ientsw available b. Library Annual Report 183 no comments available c. "A. Minich" Letter Thio letter apparently was sent to Council about the library and staff, LIBRARY COMMISSION September 18. 1984 Page 2 d. Library Addition 11odate Plans for library addition have not been completed at this date. ee State Grant Acceptance of State granto for hiring part time atnff for the prison library and for inter -library loans will come before the City Council r, September 19, 1984. (11 hra/weak for prison services 24 hrs/week for inter -library) 6. OLD BUSINESS a. Library Addition gpdate The 36 parking spaces in the plans for the addition ARE sufficient according to Howard Hackney. The $168,000 State Library grant for construction requires that the project go to bid within 90 days, which makes the deadline October 27th. Before thin. the plano must be submitted for approval by both the State Librarian and State Fire Marnhal in Juneau. The plans are still not complete. MOTIONS Commissioner Swarner moved, seconded by Commissioner Turner that we convey to the City Council our concern that as of this date the plane for the library addition have not been sent to Juneau for approval by the State Librarian and State Fire Marshall. VOTE t Motion passed "by unanimous consent" E� }; b. Library Sian MOTIONs Commissioner Turner moved that Emily proceed with the selection of the 3i sign and with having it built, and installed, seconded by Commissioner Swarner ' VOTE s r Motion passed unanimnusly. - ; 7. NEW BUSINESS _;. a. Revenue Sharing iunde s - 1 a r — M1 n LIBRARY COMMISSION September 18, 1984 Page 3 MOTIONS Commissioner Castimore moved that "we request that the Kenni City Council reconsider the decioion to deny the library's request for a portion of these funds which had been approved previously oa we do know yet whether the construction money will be sufficient to pay even for the construction, it seems unwise to divert any of this money," seconded by Commisoioner Turner. - VOTEs None indicated -- 8. COMMISSION COMMENTS b QUESTIONS None 9. ADJOURNMENT There being no further business, the meeting was adjourned at 008 p.m. The next regularly scheduled meeting is October 16, 1904 at 100 p.m. Troy Casstimore, Temporary Recorder Janet Loper, Secretary ' r 9 • 7 . I K11,NAI PENINSULA BOROUGH ALOULAR WWAING SUPTENDE9,4, 1984, 7,30 P M. BOROUGH ADMINISTRA+10i BUILDING SOLDOTNA, ALASKA • A G P. N D A (XF � 'S Pagg U0, Or/ A. CALL TO ORDER S, PLEDGE OF ALLEGIANCE C. INVOCATIONs Assomblymombor Dave Carey ko-oe 3�. D, ROLL CALL S. VACANCY, DESIGNATION OR SEATING OF ASSUMBLYMUMBER I P. APPROVAL OF MINUTES OF AUGUST 21, 1084 1 Approvod G. COMMITTEE REPORTS 1 89 corr, Dole Finance (Crawford, Carey j Corr, Di=ick, Glick) I Public Affairs (Sewall, c0ahan, Stephens, 2 Dougladu *1 . Dole) 8 (Kmoono, WaIll, sko tod, Moth) d t # islative (Di mirk, Anoss!:J48no Hash, Crawford, Sewall, 9mor Glick) ca (o) Kenai River (Vale, Coss, Dt=ick, Glick, Joan, Mshon) (f) Sales Tax (Amoss, Nash, Carey, Skogstod, Valli) I H. AGENDA APPROVAL AND CONSENT AGENDA I. ORDINANCE HEARINGS (a) O&A. 14-62 "Authorizing the Receipt of a Grant WWWo—Westo of Alaska Totalling $177 326 Had# by Chapter 24, Session Laws of Alaska 16846onand Appropriating Those Funds to the L.S.R.T, tin- Soncy Account" (Mayor) 2 Enacted (b) 0 "Establishing the Position of Personnel in the Personnel Deportment for the Purpose Of Providing SoCloterial and A&Inistrs- tive support for the Personnel Officer Nocessits- tod by the Separation of Duties Between the offices of Officer of Emergency Management and Personnel Officer (Resolution 04,0 0)" (Mayor) 2 Enacted (1) agog $14-111 "Providing for the Job Do cription I th Forsonnol Secretary to the Por:onnol o,fic:#f (Mayor) 3 Adopted A M I kdasIg4ijA "Amend the Land Us* Plan and Rezone 21 in the City of Seward" (Mayor) 3 enacted M Ord, 84-65 "Anond the Land Use Plan and Rezone the Morin vy the River Subdivision, City of soldotnall (Mayor) 5 Enacted (o) Ord, 84-66 "Amend the Land We Plan for Tract F-1 Vo-t—g-V-TV70loCk I and Lots 1.; Block 1, SprUC#WoQ4 Glen Subdivision No, 2, city of Kenai" (mayor) I snocted (f) 2L4, 84.67 "Amend the Land Use Plan and Rezone box 5 Block 3, Loren Lsk* Subdivision Part 2, Soldotna" (Mayor) 4 Enacted KI; N � u I nHZn__ y0. (g) Or R4•o8 "Amend the Land Use Plan for Lots 1 an , a kowskl•Delar►d Subdivision, City of Kenal" (Mayor) 4 Enacted (h) Ord, 8 ended "Amending KPB 21.11 Pertain - Mg to NoxLoullt n urious and Hazardous Uses of ' Land to Include Prohibitions on Use for Disposal of Hazardous Wastes" (Nash) 4 Pstppnd. to 9/is J. INTRODUCTION OF ORDINANCES (a) OY4, 8 •7 "Amending KPB 4.10,030 to Reset the Declaration of Candidacy Filing Deadline" (Dimmick) Withdrwn (b) Or4c 8 •71 "Amending KPB 4.06.030 to Reference Novised Stato Statutes Regarding Sale of Intoxi- cating Beverages During Elections" (Mayor) 6 Pending K. CONSIDERATION OF RESOLUTIONS (o) lop, 44.11 "Allocating L.S.R.T. Funds to Brown's a —ei o�a3'r(Mayor) 9 Adopted (b) B92, 8 •154 "Allocating L.S.R.T. Funds to Brown's ace Rood and Greer Road Extension" (Mayor) 9 Withdrwn (e) Res. 5 "Granting All Borough Interest in certain ood$ By Quitclaim deeds to the State of Alaska" (Mayor) 9 Not cnsd (d) Res, 8 6 "Authorizing Design Contract to the rc ec ural Firm of McGlothlin Balivet Co. At a Cost Not to Exceed $58,000 for the Purpose of Designing Schematic Plans and Preparin Engineer lefine Construction Cost Budget Estimates to the Final Scope of Work for Renovation of the Honer Middle School and of the Older Honer High School" (Mayor) 9 Adopted (e) Re� "Providin for Nikiski Area Junior g an nior High Schools with Shared F3clli- ties" (*Gahon) 9 Pstpnd, to 11.6 (f) Res, 84-M8 "Adopting a Policy of Protesting Llquuoor Ll # se Applications By Applicants Found Per- to Be In Violation of Borough Sales Tax and sonal Property Tax Ordinances and Regulations"(M) 11 St cnsd (a) Re "Requesting the United States Govorn- sent to Cront Port of Entry Status to the City of Seward, Alaska" (Mayor) 11 Nt Cnsd (h) Res,84-X60 "Requesting the Governor to Impose a on e ear Moratorium on Repayment of State Loans to the Cook Inlet Area Fishing Industry" (MeGohan) 12 St Cnsd (1) Res. 84.161 "Transferring $151000 from Unasairsd o1�'n�und'�ontingeney to McHoll Canyon School' (Mayor) 12 Adopted L, PENDING LEGISLATION (This ites lists legislation which will be addressed at a later time is noted; not for action this meeting) (a) Ord. 84.1 "Amending KPB 16.Z4,080 Portainin# to Powers.snd Duties of the South Kenai Peninsula Hospital Service Area Board" (Mc6shan/Dale/Stephens Dimmick/.lean/Douglas/Walli/Glick) HEAR SEPT, 18 1 • 1 I W a a i. i u r 7 1 i Pagoyo (b) Kos. 84.148 "Yruvldingg lug, ,, lfullut Prupunitiuu to Acquire Non•Areawido tire and amorgoncy Medical Service Powers" (Dimmick) REP Pub Aire Cmto; 9/18 (c) Ord. 84.69 "Amending KPB 2.08.020 to Provide for a Third Monthly Regular Meeting of the Borough Assembly" (Carey) HEAR SEPT. 1 (d) Ord. 84.89 Sbst.(Amended) "Amending KPB I.1S to Provide a More Realistic and Equitable Land Sale Credit for Disabled American Veterans" (Nash) (Ref. to Cmto., due 10.9) (o) Ord. 84.43 "An Ordinance Establishing the Kaliforn- sky Fire Service Area to Provide Fire Protection Services and Providing for an Elected Board" (Mayor) (Postponed to November 6) N. FORMAL PRESENTATIONS WITH PRIOR NOTICE N. MAYOR'S REPORT 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS Q. PUBLIC CO MENT AND PUBLIC PRESENTATIONS UPON MATTERS NOT COLY'AGENDA R. INFORMATIONAL MATERIALS AND REPORTS (a) Lotter from City of Homer RE proposed fireworks ban S. NOTICE OF NEXT MEETING AND ADJOURNMENT (September 18, 1084, at the Homer High School) J 01 MIAI ITNINSIII.A AnRQIIGii RLGULAR AbbLMBLY kIL'L:1NG SEPTEMBER 4, 1084; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting was celled to order at approximately 7:30 p.m. by President Joe Arness. B. PLEDGE OF ALLEGIANCE C. INVOCATION: Assemblymember Dave Carey D. ROLL CALL PRESENT: Assemblymembers Glick, Walii, Corr, Carey, Keene, Sewall, Mc0shon, Nash, Arnett, Jean, Dale, DouQlag, Skagstad, Dissick, Crawford and Stepphens; Meyos Thompson, Admn. Asst. Sam Rest, Atty Tom Aoedeker, Finance Director Barton, Public Works Director Hakert, OEM Director Johnson, Acting Borough Clerk Grindley E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER F. APPROVAL OF MINUTES OF AUGUST 21, 1964 The ssinu #* were approved, as corrected, by unanimous consent. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Corr, Dimsnick, Glick) No sooting. (b) Public Affairs (Sewall, McGahan, Stephens, Douglas, 0810) The eomittee discussed Res, 84.113, Allocating LSAT Funds, and the writs of using all the funds an one project or partially funding two Projects, RES. 64.154, (c) Education (Noon•, Valli, Skogstad, Nash) No sooting, (d) Legislative (Diasiek, Arness, Jean, Nash, Crawford, Sewall, Keene, Glick) No meeting. Mrs. Oissick reported that the Sitka trip resulted in a shortened, improved AML policy statement. (e) Kenai River (Dale, Corr, Dimick, Glick, Jean, McGahan) no meeting. (f) Sales Tax (Arnett, Mesh, Carey, Skogstad, Walli) No sooting. H. AGENDA APPROVAL AHD C04SENT AGENDA Res. 84.162 was added to the agenda. In order to accomodate the large crowd present interested in Res, 84.153 and Res. 84.157, these two resolutions were moved ahead of ,rdinance hearings. 0 DI ° i; r . t KUNA1 PENINSULA HOR0U611 AbbL 10L( 10,GULA14 MkWIN6 QI- :;1J' LMYJJ< •1. 1Jtld r'1 I. ORDINANCE HEARINGS u) Ord 84 "Authorizin the Receipt of Grant ( rem t o-6 rate of Alas a Totalling a $177,326 Mad* by Chapter 14, Session Laws of Alaska 1084, a04 Appropriating Those Funds to the L.S.R.T. Cont&n- gency Account" (Mayor) ASSEMBLYMEMBER NASH MOVED FOR UNANIMOUS CONSENT FOR ADOPTION OF ORD, 84.02. Mr. Nash asked the administration if this particular allocation of L.S.R.T, funds Affects the Brown's Luke Road project previously discussed. Mr. Best indicated that it does. ORDINANCE 84.62 WAS ADOPTED BY UNANIMOUS CONSENT. (b) Ord. 84. 3 "Establishing, the Position of Personnel Teri ary in the Personnel Department for the Purpose of Providing, Secretarial and Administra- tive Support for the Personnel Officer Necessita- ted by the Separation of Duties Between the Offices of Officer of Emergency Management and Personnel Officer (Resolution 84.96)" (Mayor) The ordinance was opened for public hearing, and Mr. Ken Calvert rose to speak. Mr. Calvert addressed the fact that there was it federal and A state emergency management. He requested that the assembly not fund the part of the ordinance regardin the secretary's pay with regard to federal emergency management (FEMAI for Region X, of the re ional government. He stated that while the assembly looked at th�I from theA - natural dissster viewpoint, he expressed the opinion that "from the top" it involved the creation of an emergency for management •• Pearl Harbor, Cuba, Vietnam and Nicaragua. He specifically addressed the Lotus of regional government. He voiced opposition to regional fovernment which he feels undermines the Constitution, and that FEMA s a creature of this regional government -• with Loss of state control. He expressed hope that the assembly would oppose the portion of the ordinanct which would fund the regional government portion •- FERA, He also indicated that in the future he hoped that emergency management would be a borough function rather than a rogionai function. ASSEMBLYMENBER NASH MOVED TO ENACT ORD, 84.63. Assemblymember Carey spoke against Ord. 84.63, as A continuation of Adding, more personnel to the payroll. Assemblymember 14cGohon agreed with Mr. Carey in part, and voiced the opinion that this ordinance was just a continuation of ruoolutions already eonsidored by the assembly and voted on, which would culminate in Adding, of this position. Assemblymember Walll Asked Mayor Thompson if federal funds were available for the position. The mayor affirmed 501 matching were available. Mr. Barton provided the following information regarding these federal funds. The funds Are Allocated by federal government, whether it be for office, administration or personnel, or equipment, at 504, f150,000 is budgeted and $75,000 is received back if approved. Assemblymember Corr expressed the opinion that the roason the two offices were separated In the first place •• office of emergency mans ement And personnel — waz that personnel wao Important, And was not being roperiy taken Care of, It wan his •)yinion that this ordinance had to he passed in order tv, follow that idea, t J a , KYNAI 11r,1IV8111,A IMP011611 A'i511,1111.Y REMILAR NFFTf!1(: OF 41:11TNfAF,R 4, 1984 t Assemblymember Dimmick expressed concern over both secretarial positions. She questioned the necessity of having both positions. She asked if a typing pool has over been considered by administration. Mayor Thompson responded that there is a need for full-time ositions for both, lie stated that personnel has already had 2500.3009 applicants this year to far, The civil defense position is In the some situation -- the civil defense manager is quite often out in the i field, to a secretary must take emergency calls and aid the road service coordinator. Mr. Carey reitered disbelief that the position is necessary, ASSEMBLYMEMBER STEPHENS CALLED FOR THE PREVIOUS QUESTION ON ORD, 84.63, ORDINANCE 64.63 WAS ENACTED ON A VOTE 14 YES • 1 NO; Carey and McGshan voting no, (1) Res, 84"Providing for the Job Description ' o t e ersonnel Secretary to the Personnel Office" (Mayor) ASSEMBLYMEMBER NASH MOVED FOR THE ADOPTION OF RES. 84.143, RESOLUTION 64.143 WAS ADOPTED ON A VOTE OF 1S YES AND 1 140; McGshan voting no, (2) „A Resolution to Amend the Job Title and escr pp on of the Civil Defense/Personnel Secretary of the Kenai Deninsula Borough to the Office of Exorgency Management Secretary.' (Mayor) ASSEMBLYMEMSER JEAN MOVED FOR THE ADOPTION OF RES. 84•ibt. ASSEMBLYMEMBER MC GAHAN ASKED UNANIMOUS CONSENT THAT SECTION 11. BE DELETED, RESOLUTION 64.162 WAS ADOPTED ON A VOTE OF 14 YES , 2 NO; Keene and McGohan voting no. (c) Ord. 84-64 "Amend the Land Use Dian and Rezone 21 eas WMin the City of Seward" (Mayor) ASSEMBLYMEMBER SEWALL ASKED UNANIMOUS CONSENT FOR THE ENACTMENT OF ORD. 64.64, ORDINANCE B4.64 WAS ENACTED. (d) Ord. 84-65 "Mend the Land Use Plan and Rezone the or n(� y the River Subdivision, City of Soldotna" (Mayor) ASSEMBLYMEMSER JEAN MOVED ENACTMENT FOR ORD, 84.65 AND ASKED UNANIMOUS CONSENT, ORDINANCE 64.65 WAS ENACTED. (e) Ord, 6 "Mend the Land Use Plan for Tract F•1 o s Block 2 and Lots 1.5 Block 1, Sprucewood Glen Subdivision No, 2, City of Kenai" (Mayor). ASSEMBLYNEMSER GLICK MOVED ENACTMENT FOR ORD, 84-66 AND ASKED UNANIMOUS CONSENT, 3 1, �I 14 1 2 AL:,,%k I'L.,1.,..UL,% wM0 61.11 ,1,,.,L:,bLi hLUUL,'%h ;:LL1I:il, A ',1.PIL:113LI1 I, 1.4e, ORDINANCE 84.60 WAS ENACTED, (f) Ord. 84.67 "Amend the Land Use Plan and Rezone Lot 5 Block 3, Loren Lake Subdivision Part 2, Soldotna" (Mayor) ASSE14SLY14EMBER JEAN MOVED ENACTMENT FOR ORD, 84-67 AND ASKED UNANIMOUS CONSENT, Assemblymembe. McGahan questioned the fact that lake property was bein zoned commercial, whon so many individuals are looking for Iake rent property. Additionally, there is no stated use. ORDINANCE 84.67 WAS ENACTED ON A VOTE OF 15 YES • 1 :4O; MCGahan voting no, (g) Ord, 84.68 "Amend the Land Use Plan for Lots I a'nTT,—TiraTkowski- Del and Subdivision, City of Kenai" (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD 84.68 At1D ASKED UNA14DIOUS CONSENT. ORDINANCE 84.68 WAS ENACTED. (h) Ord. 64.50 (Ame ded "Amending KPB 21.12 Pertain- ing to Noxious, n urious and Hazardous Uses of Land to Include Prohibitions on Use for Disposal of Hazardous Wastes" (Nash) Mr. William Phillips of Kenai stated that whether this ordinance passes or not the borough had to address these issues. He stressed adequate controls being put in place, before contamination occurs. Her, F�ave several examples of hazardous substances movement in the area. tie suggested a large insurance bond (tens of millions of dollars) to assure that sovoment is done correctly. Mr. Ken Calvert called the assembly's attention to the fact that Alaska is a signatory, along with nine (9) other states, in the disposal of toxic wastes including atomic wastes. One state has only one vote •- thus one state can be designated by the others as a dump site. ASSEMBLY10099 NASH MOVED THE ENACTMENT OF ORD, 84.50 (Amended) AND ASKED UNA111MOUS CONSENT, Assemblymember Carey objected to unanimous consent. He posed the following questions, Would this include things people put in their burn barrels? Do these materials include just PCBs or things that are included on state and federal hazardous waste lists? His concern being that many of these materials are things used in local homes. Assemblymember Corr asked the question, would the borough be in violation, as it was his impression that it was against the rules to dump hazardous waste in Alaska. Mayor Thompson rose to answer the questions. Per his interpretation, there to an exception under "household use" under EPA Standards. A commercial truck carrying Clorox and dumping it would be illegal, but delivery to a householder who dumped it would not. This would include commercial fishermen and substances used on their boats, They would have to approach the assembly for approval of disposal, He expressed the opinion that the ordinance was premature as these lists are currently being revised within six (6) months, Mr. :lash stated that the matter that brought about the proposal of this ordinance was the notification that there was going to be a PCB incineration plant or company in Nikiski, fie quoted a newspaper article stating that $25 million federal dollars would be used 4 - I 0 KPIA1 P14INSULA RO)R011611 AS,P.MRLY RFr,11LAR MEF.TiUr OF 1FPTCM8BR 4. 19R4 cleaning up Alaska military bases -- 38 military sites and 18'White Alice communication stations -- cleaning up PCBs. PCBs are classified under 3 classes --O-SO parts per million -- not classified as a hazardous waste, SO-S00 is one classification as hazardous but can be handled, over S00 is considered extremely hazardous. Mr. Nash stated that the language of this ordinance was not as important as the intent. Fie stated that if it was felt that the wording needed work he had no objection, however, that the issue is so important that the resolution must not he killed. Assemblymember Dimmick stated that if thq lanQusge isn't to Mr. Nash's liking, that it would be a mistake to pass this ordinanc• people tend then to think the problem is taken care of. She felt as that it was the kind of issue that could be worked on in a committee for a year, that there are no resident experts on the subject in the borough. She views the ordinance as a stopp. ap measure. Se suggested that perhaps as the specific concern was PCs that the ordinance should address that area. Assemblymember Sko stad stated that he had a problem in dealin with problems that would come before the assembly in regard to compliance with this ordinance. As he doesn't consider himself an expert, he would rather these be a commission to consider this. Assembiymember Stephens also spoke of a commission or committee to deal with this problem. He indicated that there are people available from industries who would be of help in this area. Assemblymember Douglas asked Mr. Nash if the Resource Development Council had looked at this ordinance. Mr. Nash advised that the Council had met with one or two represontatives of the proposed oil am reclation company in regard to this type of ordinance. Hiyor Thompson advised that the Resource Development Council had not on the ordinance when it first came up, but not to his knowledge since it had been amended. Mr. Douglas suggested that the ordinance again be reviewed the Council as amendod. Assemblymember Daiepointed out that in the third WHEREAS, a word had been left out between incineration and hazardous on the second line. He stated that while this was an imperfect attempt, it might be the only defense for borough controls on the proposed oil reclamation company. He looks upon it as a first stop, with future establishment of a commission for the perfection of the issue. Assemblymember Jean encouraged the establishment of a waste disposal commission. She requested that the attorney and clerk put the waste disposal commission on the October 9, 1084 agenda. Assemblymember Nash proposed an smendment to Ord. 84-50 inserting in Section, subsection 21.12.015 Prohibition of use involving burying, dumping or incinceration of hazardous waste., line 4 after '•... hazardous waste materials", "...as a commercial enterprise". There wss objection to unanimous consent for the amendment. ASSEMBLYNEMBER W04ICK MOVED P0STPONEMENT OF ORD. 84-50 UNTIL SEPT. 18, 1984. Mrs. McCahan spoke for enactment of the ordinance, feelin that enforcement by the DEC was not s consideration, the fear being that strict enforcement would make many householders violators. Mrs. Walli moved for enactment rather than postponement. ASSEMBLYMEMBER CAREY MOVED THE PREVIOUS QUESTION, -S- _ ..,... . I ;;;A1 PENINSULA R(JIMIJrll .15i1i!•1141,Y 111GULAR %1EPT1Nr; or ;rPT1:1,fQr.R .1, 1984 r* ORDINANCE 84-60 WAS POSTPONED UNTIL SEPT. 18, 1084. ON A VOTE OF 9 YES, 7 NO; Halli, Crawford, Sewall, McGuhan, Nash, Dougld4 and Skogstud. ASSEMBLYMEMBER DOUGLAS MADE A NOTION THAT THE RESOURCE DEVELOPMENT COUNCIL BE ASKED TO REVIEW THE ORDINANCE. There was no objection. J. INTRODUCTION OF ORDINANCES (a) Ord 84.70 "Amending KPB 4,10.030 to Reset the ecl iaratio of Candidacy Filing Deadline" (Dimmick) ORD. 84.70 WAS WITHDRAWN. (b) Ord. 84.71 "Amending KPB 4.06,030 to Reference ev�ate Statutes Regarding Sale of Intoxica- ting Beverages During Elections' (Mayor) ASSEMBLYMEMBER DIMMICK MOVED THE INTRODUCTION OF ORD, 84.71 AND SETTING HEARING DATE FOR OCTOBER 0, 1084 AND ASKED UNANIMOUS CONSENT. Assemblymember Carey asked to amend the ordinance by deleting all reference to the City of Seldovia, who already has an ordinance. Mrs. Mcashan questioned tho purpose of the ordinance. Mrs. Brindley advised that this was a correction to correct the reference in the Code. Mr. Dale posed a question on the Carey amendment, as to whether it was appropriate to delete the language and that it would make no difference. e Atty. Boedeker advised that state law prohibits sale of intoxicating beverages unless local law allows it. The City of Seldovia had previously passed a law prohibiting it. The attorney advised that Seldovia would have to be included, otherwise their law would only cover city elections not borough elections. It was at this point, that consideration time for legislation run out and the ordinance will be carried to the next agenda. K. CONSIDERATION OF RESOLUTIONS (a) R*p, 84.153 "Allocating L.S.R.T. Funds to Brown's Lax* a (Mayor) ASSEMBLYMEMBER JEAN MOVED THE INTRODUCTION OF RES, 84-153. -Mr. Brad Brodney, representative of people of the Brown's Lake area, t' addressed the assembly regarding both Res. 84.IS3 and Res. 84.154. Mr. Bradney spoke in favor of 84.1$3 and against 84.154. He pvointed out that allocations of L.S.R.T. funds under 154, would leave HTown's 1 Lake Road under the required Sot for state matching funds. He cited revious resolutions establishing priorities for the LSRT Pro ram in f, both projects and funding. He asked members to support Res. 14.153. Assemblynomber Nash asked Mayor Thompson, if the Borough were to start two (2) projects funded at SOS, could the State be counted on to complete or match funds? Mayor Thompson replied that the State could not be relied on to finish then and the Borough might end up with two partially finished projects. Assemblymember Dale rose to speak in favor of Res. 84.1S4, Allocating -- L.S.R.T. Funds to Brown's Lake Road and Greer Rodd Extension. He pointed out some potential risks, 1) if Rither projects runs over budget by a proximately 20$, that would reduce the local share of SO$ • making them ineligible for state maintenance, 2) no legislative matching grant, 3) veto by the Governor. He offered information that !( ho felt secure that the local share would be at SO$, legislators like to appropriate funds fur such local projects and if there was no legislative approval funds could be reallocated in time for L.S.R.T. • h KENAI PENINSULA BOROUGH ASSt:MBLY 11110 4A1t MEETING OF SEPTEMORA 4. 1984 funds for construction in 1985 and use of additional funds from LOSS, and historically the Governor doesn't veto small road projects but larger ones. Assemblymember Dimmick rose in support for Res. 84.154. She pointed out that consideration should be how to approach the legislature. She proposed that if both the administration and assembly were to approach the legislature in an aggressive manner for allocation for both roads the Borough would be more successful. She believed that by requesting for two roads, the Borough would have a good chance of getting money for one of the projects, besides pursuit of L.S.R.T. monies. Assemblymember Sewall stated that if this we're the start of the • construction season, he would be in support of Res. 84.153, However, by the time of construction, spring of 1985 the assembly will know what is going to happen with the funds and Lf necessary can transfer unexpended funds. Assemblymember Carey spoke in favor of Res. 64.153. He reminded the assembly of previous presentations on Brown's Lake Road. All right-of-ways on the road have been acquired and cleared, the road has ,i already been ditched and crowned, culverts are already in, people of the area have already put in an excess of $50,000 for maintenance, increased growth has increased difficulties and that this is an area of long-time residents. Assemblymember Corr pointed out that if Res. 84.153 were passed the project could go to bid in March. If Res. 84.154 were passed, he didn't see how the projects could go to bid until after the legislature closes. He felt that the Borough can get a cheaper road on one of the projects by going to bid Early and urged passage of Res. 84-iS3. Assemblymember NeGahan Bose in support of Mr. Corr's and Mr. Carey's comments. She chose to respond to Mr. Sewell's comments regarding transfer of funds at a later date. Her experience of the political reality is that it is very difficult to transfer monies from one road to another. She also offered information that the L.S.R.T. funds are subject to phase -out. Mayor Thompson stated that for planning purposes next year the Borough can expect $354,651 for each Yost 1986 through 1989. He did agree that some members of the DOT would like to phase out the program. He felt that the better chance was to put the L.S.R.T. monies into the Brown's Lake Road, Assemblymember Dimmick rose to disagree with the Mayor. She stated that it was her feeling that legislators in Juneau would be interested in what the local bodies thought of the projects. So, by priorititing both of than -- there would be a chance of getting one of than, not narrowing the options to one. She again stated support for Res, 84.154 and the doubling of the options. fi Assemblymember Douglas ipoke in favor of Res. 84-153. He agreed with Mr. Corr's statement reardin waiting for the end of legislative session. He cited the nflatLonary trend and probable negative impact on completing both projects in compliance with the 53:. Assemblymember Dale posed a question to the administration, "Would it be possible to apply LOSS L.S.R.T, funds to either of the projects to that the Borough's share would be back above the $04 level (in the — event of the scenario presented by Mr. Douglas)'. Mayor Thompson replied that depending upon the timinge, Lithe prgoct was let beyond the time funds were received or even Sf the Boroug - I knew funds would be received, Cho funds could be advanced or contributed to meet compliance, 7 . s KEN, AI PEN iVS111.A 8miouali ASS EMRI,Y RPPIILAR f•IP.ETINO 01' SPPTPMHPR 4, 1984 Mr. Dale closed by saying that this was not a case of just two birds in the bush (Brown's Lake Road and Greer Road Extension), but also the Borough would be left with 1085 L.S.R.T. funds for a possible third project, Assemblymember Carey again rose and stated that this was still gambling with the good will of the legislature •- something he does not support. Assemblymember Glick reminded the body that although L.S.R.T. ftm ds are being discussed, these two are not the only two roads bein considered. Although she felt an aggressive stance is needed for pursuing funds, she stated need for prioritzing projects. However, she would like to set the Brown's Lake Road funded totally and she supported Res. 84.153. Assemblymember McGahon asked for an interpretation of Res. 84-138, passed last meeting, regarding prioritizing projects for L.S.R.T. projects from the attorney. After•a short recess Atty, Baedeker advised that the aforementioned resolution, 64.138 -- criteria for setting priorities for L.S.R.T. (under which Brown's Lake did receive the highest priority) and Res. , 4.130 provided whichever road receiving the highest priority, is to be fully funded before going onto the next road vrojeet. In summation, Mr. Baedeker stated as it stands now Brown's Lake Road would have to be fully funded before money is spent on Groer's Road. There would be on option, change the priority but that would just j reverse the situation. In order to split the monies, Res. 84.130 ! would have to be repealed. Assemblymember McGahan responded by stating that there didn't seem to be any choice but passing Res. 84.153. ASSEMBLYNENBER JEAN ASKED FOR UNANIMOUS CONSENT ON PASSAGE OF RES. 64.153. ' AN OBJECTION WAS VOICED. Hr. Jerry Holly rose to speak from the audience. He expressed dismay at the figures bein given for cost. He stated that he didn't see a cost of over $250,0�0. He felt that the figure cost of $500,000 was compounding the problem as for as the discussion tonight. He stated that there are solid human needs in the area, the funds were available and he couldn't see why it wouldn't be built. Assemblymember Nash asked for personal privilege for Sir, Brad Bradney to speak to the assemblymemberss Mr. Bradney questioned how a resolution previously passed two meetings ago, could be being changed now, Assemblymember Douglas stated that when the Assembly should carry through with legislative commitments made previously, to ensure credibility, Assemblymember Sewall ssid that in light of the attorne 's oyinion, that he called for support of Res, 84.153, He stated that the previous resolution hadn't just been ignored. The facts are different now, Two weeks ago the committee was operating on information that there was a necessity of 1001 L.S.R.T. funding in )rder to obtain guaranteed state maintenance of the road. The end purpose has been to «' get is school bus on the road, among *ther thin s, Now, the state has advised that only 50t need be raised. Thus, t e rules changed and the ' committee felt that Choy should try to get the maximum for the money. It was not the committee's intent to favor any road, or suffering a lack of credibility sr motivation. , 9 - �r C ' KE%kI PENINSULA BORO)t,G11 ,1SSEMBLY R1:IULAR �IFFTT`G of 'iFPTF.%IBFR 4, 19R4 '1 Assemblymember Keene wanted to reflect that the passage of the resolution two weeks ago, was based on different rules. Subsequent state changes (SO$) resulted in the consideration of more projects. Assemblymember Douglas again stated that although conditions might change, he felt that the original commitment should be kept and credibility maintained. ASSEMBLYMEMBER STEPHENS ASKED UNANIMOUS CONSENT ON CALLING FOR THE QUESTION. There was no objection. PRES. ARNESS CALLED FOR THE VOTE ON RES. 84-153. RESOLUTION 84.1S3 WAS ADOPTED ON A VOTE 12 YES AND 4 .40; Walli, Crawford, Keene and Dimmick voting NO. — (b) Res. 84.1S4 "Allocating L.S.R.T. Funds to Brown's aL"ko Road and Greer Road Extension" (Mayor) RESOLUTION 84-iS4 WAS WITHDRAWN FROM FROM FURTHER CONSIDERATION. (c) Re 84.155 "Granting All Borough Interest in eats n oads By Quitclaim deeds to the State of Alaska" (Mayor) I Not considered. (d) Res. 84-1,S "Authorizing Desi n Contract to the rJC a"i3ural Firm of McGlothlin Balivet Co. At a Cost Not to Exceed $58,000 for the Purpose of Designing Schematic Plans and PreparingEngineer J Construction Cost Budget Estimates to Define, the Final Scope of Work for Renovation of the Hooter Middle School and of the Older Homer High School" (Mayor) ASSEMBLYMEMBER MC GAHAN MOVED ADOPTION OF RES. 84-lS6 AND ASKED UNANIMOUS CONSENT. RESOLUTION 84.1S6 WAS ADOPTED. (e) Res. 84•iS7 "Providing for Nikiski Area Junior High and a %riiigh Schools with Shared Facilities" (McGAhon) ASSEMBLYMEMBER MC GAHAN MOVED ADOPTION OF RESOLUTION 84-iS7. Mrs. McGohan read the title of Res. 84-iS7, with a correction, as opposed to on ascended version, "Providing for Nikiski junior High and Senior High Schools." (delete .with Shared Facilities"). In • addition, insertion of, "WHEREAS, the enrollment projections meet the minimum As required by the school district;" After the last WHEREAS. Insertion of a period After " ..senior high school.", deletion of , "with shared facilities." in Section 1. Also deletion of Section 2. and renumbering Section 3. accordingly. Mrs. McGahan stated that "shared facilities" originated due to the land available and with the thought of the most economical use of funds available. liowever, by use of "shared facilities" or "complex" it was determined that the school would be "locked -in" to more I considerations. Members of the Audience were then recognized. Janie Bowman cited A report regarding the effects on students who had been bused for racial � integration And balance in schools. Per the report, students need --- i the support and stability of An education within their own community and that such busing was detrimental educationally and emotionally, I i g . 3 1 I I i 1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MNBTINr OF SEPTEMhE R 4, 1984 She encouraged assemblymombers to support the resolution as parents ! the Nikiski area want their children to reach their full potential with an education in their own community. Sharon Wick spoke in opposition to the new school, stating that she represented residents who felt now was not a good time to build it. The location of the new school, the third peninsula high school on the North Road is very definitely locking it into one area. The cost of a small school per student is high -- especially in vocational type classes of interest to residents in the area. She felt that a medium size school would lessen academic classes for those interested in furthering their education -- resulting in burins and more expense, or an expanded curriculum and more expense. She felt that the population barely met the minimum requirements. The present rado school is close to the maximum limit. If the junior high only were built, the school board might look favorably on another grade school located somewhere north of Kenai. Dr. Pomeroy of the school district encouraged members to not give approval to the resolution. He cited research regarding schools of this size and academic achievement and his resulting reassessment of school size in the area. He also stated that there was need for an accurate census of school population on the peninsula, obtainable in the next few months. He asked for time for reassessment and opportunity to return to the assembly later this year with more information. Assemblymember Douglas addressed a question to Dr. Pomeroy regarding the research. He inquired whether in the research study, if the researcher indicated that the smaller or larger high school were better. Dr. Pomeroy replied that the researcher contended that the smaller hi h school was preferable. Mr. Dou las then asked what the relative s ze of the schools studied were. Dr. Pomeroy advised that the recommendation was that high schools not exceed 800 and that elementary schools not exceed 400. Assembl uember Walli asked Dr. Pomeroy if he could advise roughly the growth between the 1983-94 enrollment and the 1984.85 enrollment in the Nikiski area kindergarten through fifth grade. While Dr. Pomeroy advised he didn't have exact figures, roughly there had been a 30 - 40 students increase each year. Mrs. Walli than asked about the extended curriculum of a large hi h school as opposed to a smaller high school in the peninsula area. r. Pomeroy said that he felt all were getting a quality education, but smaller school have limited access to courses. Larger school have more vocational offerings. Assemblymember Corr observed that people in his district, Kalifornsky, wanted to keep the 800 student high school as opposed to a 1,000 student high school. Assemblymember Nash asked Dr. Pomeroy how many students were currently enrolled in the Kenai High School. Dr. Pomeroy responded 735. Assemblymember lean asked Dr. Pomeroy if in his opinion that passage of this resolution would prevent the school board from doing the indicated follow-up study. Dr. Pomeroy said that it wouldn't prevent the research but sends out confiictin signals to the public about coordination between the school distr ct and the assembly. Assemblymember Carey asked Dr. Pomeroy about the capacity of the'Kenai Central High School. Per his information, 1979-80 capacity was 870. Why after the additions, is there lower capacity. Dr. Pomeroy advised the only addition was for a 2-room special services -- no more square — -- footage. AS: McGahan again addressed the assembly. She stated that she didn't believe that passage of the resolution would hurt the relationship of the school board and assembly. The resolution was irk response to a booklet called, "The Five -Year Construction Projection". 10 - /' _. , 1, KENAI PENINSULA BOROUGH ASSUIBLY REGULAR MEETING OF SEPTUNARR 4. 1984 She stated that the resolution was an expression of an opinion to the school district by residents of the area in response to the booklet. She spoke of the growth in the area and the need for a good school as opposed to busing the children. She also indicated that it was disservice to the children in regard to activities becau4o of access to the activity bus. Assemblymember Carey stated that this shouldn't be a re ggional issue. He stated facts regarding growth in the central peninsula -- five elementary schools feeding into Soldotna High School -- there are more yyoun people coming into the central peninsula rather than Nikiski. He cued previous recommendations of the school board that even if a Nikiski High School were built, there would need to be one additional high school. The options offered continued to specify two high sc ools. He expressed the opinion that the central peninsula was in greater need for space and that this resolution "jumps the gun". He advised that he hoped that the issue wouldn't be decided on who was due for another school but based on need. He asked that the resolution be postponed or defeated at this point. Assemblynember Nash expressed concern over the approach of the resolution in that he didn't see the Assembly's function as revising a school distict document. If there is assembly concern, perhaps an amendment to provide as addendum would be more appropriate. ASSEMBLYMEMBER JEAN MOVED FOR POSTPONEMENT OF RES. 84.167. Assembiymember Dimnick spoke to the postponement of the resolution. While she felt it appropriate that Mrs. McGahan brought up the resolution, she expressed concern that there had been previous legislation the factor of the upcomingcensus information, and the ti matter of e validity of research. She requested that the resolution be postponed to a time specific -- within six weeks. ASSEMBLYMEMBER JEAN MOVED QOR POSTPONEMENT OF RES. 64.157 TO NOVEMBER 6, 1904. Assemblymember Sewall spoke in favor of postponement and expressed the hope that this wouldn't be perceived as an adversarial situstion. President Arness spoke against postponement. He expressed the opinion that this resolution was on adversarial one to the school board and that he opposed it. As having been both a school board member and an sssemblymember, he stated that the function of the school board was to determine educational needs. He stated that site of schools should be discussed at the school board level not at the assembly. He said that postponement left the situation hanging over the school board's heads. Assembiymtmber Glick stated that the "five-year plan" was never adopted .. merely receipt was acknowledged. She advised that earlier in the year Nikiski residents had started meetin to discuss a need for a school. They had rug ested a middle school which was rejected by the school board. She views the resolution as a request that the school board and administration add this to their five-year projection. RESOLUTION 84-157 WAS POSTPONED TO NOVEMBER 6, 1984, ON A VOTE OF 11 YES, 5 N0; Glick, Carey, Arno*$, Douglas and Skogstad voting no. (f) Res. 84- 58 "Adopting a Policy of Protesting Liquor cans• pplications By Applicants Found to Be In Violation of Borough Sales Tax and Personal Property Tax Ordinances and Regulations" (Mayor) Not considered. (g) kes. 84.159 "Requesting the United States Government to s3rt of Entry Status to the City of Seward, Alaska" (Mayor) KENAI PENINSULA BOR011rf1 A39EMPLY REGULAR MRETIN6 OF 4EPT11,149Ff(4, 1904 Not considered. (h) Res 84• "Requesting the Governor to Impose a One ear ora orium on Repayment of State Loans to the Cook Inlet Area Fishing Industry" (McGahan) Not considered. (i) Reams 84.16 "Transferring fly 000 from Unassigned oS—nd""f0 Zontingency to McNeil Canyon School' (Mayor) ASSEMBLYMEMBER JEAN MOVED THE ADOPTION OF RES, 84.161 AND ASKED FAR , UNANIMOUS CONSENT. Mr. Nash asked administration what "unassigned bond sund contin oney" was. Mr. Best answered that they were unexpended funds from school projects which have been completed, Mr. Carey questioned the policy whereby, the contractor was directed to fix the item as part of the warranty and who then replied that it was a design error and somebodyeloe's roblen. He asked if the the borough would still be gettingmoney fson then. Mayor Thompson advised that per Information incorporated within the resolution, this amount is being added to the counterclaim to Neal 8 Co. on this project, Mrs. Dimmick pointed out that there was one responsive bidder bid at $3,000, while the request is for $15 000 to include additional topsoil and seeding next spring. Public Woris Director Hakert responded that it is uncertain about the amount of topsoil, how far it must be hauled, and the seeding that has to be done. He indicated that it may be quite extensive, If it is not all spent, the money will be _ transferred back, RESOLUTION 84-161 WAS ADOPTED 014 A VOTE OF 15 YES, 1 NO, Carey voting no, L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this sooting) (a) Ord. 84.1 "Amending KPB 16.24.060 Pertainin to Powers and Duties of the South Kenai Peninsula Hospital Service Area Board" (McGahan/Dale/Stephens Dimnick/Jesn/Douglas/Walla/Glick) HEAR SEPT. 18 (b) Res. 84-128 "Providing for a Ballot Proposition to Acquire Hon-Areawide Fire and EsergeneY Medical Service Powers" (Dimmick) REP Pub Afro Cate, 9118 (c) Ord, 84-69 "Amending KPS 2,08,020 to Provide for a Third Monthly Regular Meeting of the Borough Assembly" (Casey) EAR SEPT. 18 (d) Ord, 84.59 Sbst,(Anended) "Amending KPB 1.25 to Provide a Hose Realistic and Equitable Land sale Credit for Disabled American Veterans" (hash) (Ref. to Cato,, due 104 ) (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) (Postponed to Uovember 6) 9. FORMAL PRESENTATIOU5 WITH PRIOR NOTICE The following information was in response to requests from assenblyseabers NeGshan end rare-1 from the previous meeting, /' II I I I- K};4AI_PI;NIN4UI,A 1WRl)UGH A:3!3hM111,Y_ RJ11rs1)JAR 41:IT1N(i OF 3F• umly'R_4� lUR4 Mr. Barton presented information in the form of handout graphs showing total debt service of the boronyh each year and the stato's share, refunding of bonds, and the oquivaient mi11 rate for debt service which is figured on the balls of an assessed evaluation increase of 121 per year. Mr. Carey inquired about the 1900.01 figures and the drop in debt service. Mr. Barton advised that there are bonds paid off a Couple of years earlier and this is reflected here with lag time. Mr. Corr asked Mr. Barton if 1983.64 was the first year the borough was taxing for debt service? Mr. Barton confirmed that this was true, Mr. Barton also presented a chart showing school district operatingg costs, Reflected wore figures from 1074.75 (f10,331,000) to 1983.84 (f44,113,000) this includes maintenance with school costs, School population increase: from 4 962 (74.7$) up to 7,137 (83.64), The local there has been from $1,000,000 in 1074 to $12,0001000 in 1963.84. The cost per student has gone from $2,000 in 1974.75 to $5,868 per student in 1083.64, N. MAYOR'S REPORT Mayor Thompson received a letter from the Government Finance Officers Assn, of the comprehensive financial report again qualifies for a certificate of conformance In financial reporting. This is the highest fora of recognition in government accounting. The mayor then presented Mr. Barton with the certificate and asked that he pass them along to his assistants, Mr, Ross Kinney, soot, director of finance and to Mr. Larry Simmons, treasury management for the borough, Mayor Thompson advised that the foreclosure sale would be held Saturday at 9 a.a. and that there were about 25 parcels available at this time. The next meting of the Resource Development Commission would be held in Honer on Monday, September to, at the Land's End, at 12 noon, It will feature the Honor area development committee's outlook, presentation City of Homer offlcialo, plus inspection of the Honer small boat harbor and fisheries dock facilities, The regional director of the U.S. Economic Development Administration will be on the peninsula on Tuesday, Sept, 11, He is speaking with groups interested in obtaining EDA funds for public works and technical assistance. He is mesting with the communities of Homer, Seward, Kenai and Soldotns, 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS Asssablymember Glick commented on the Alaska Muniei al League annual conference is comity up Nov, 14 through the 17th. The earlier the reservations dre made the better. The hotel beingg used this year is the Anchorage Westward and the alternate is the Shsfttold, Assembiymember Walll encouraged members to coma to Homer on Monday, Sept, loth, She also encouragod the eaflembly to continue to work on hazardous waste. Asseablymember Corr advised that at the NAQ convention in Seattle, information was provided reQarding storage of hazardous waste and that Perhaps this is something that should be looked into, He also mentioned the issue of industrirl revenue bonds and the need for representation by the countles/boroughs on the state board as to the IDR bond funds use, The group being capable of determining that all funds would jr) to one area, 13 - 1'1',1 ,1101r'k 1 u1JI" ll( it 1,:'.IJu:l.( I+C mi.,o .'iui, I,:(, ',I, ':Ywry,'• nri) I P)P I Assemblymombor'Crawford voiced di.caurugment with how lon it took to deal with two resolutions •• three hours and the length o the meeting. Assomblymomber Caroy expressed pleasure with the vote on the Brown's Lake Road rose ution, tie also stated that the assembly should consider what is to be done on the school district's five-year plan. lie suggested that a letter be forwarded that the assembly wishod to soot and eonfor'with the school district on it • . not an advice and consent type thing. He felt perhaps this would be a more active role. He thanked Mr. Barton on his charts. He asked administration if they war* continuing to chock on the Soldotna High School boom. Mayor Thompson indicated that they were not •- he had previously rsportod that it had boon fixed at no cost to tho borough. He nis* thanked Mr. Nash on the hazardous waste ordinance in that o took the initiative. Assomblymombor MCGahan commented on some constituent complaints regarding subdivision ordinances that the individuals must sign on the plot that they dedicate these roads to public use. It has boon brought to her attention that people are blocking those public use roads to the Konat River. She encouraged enforcement of this provision for public use, not only roads but section linos. She asked that the attorney to either come up with a new ordinance to enforce this or back up the ones we have, At somblysember Nash stated that he would appreciate any comments from any assomblymombors on how they propose &sending, changing or whatever the hazardous waste document to that it might be moved on it. Assosblysosbor Dimmick commented on hazardous wait*, that Mr. Nash's intu-nt was good, but her problem was with that if something is prohibited unless approved by the borough • the r*sult is a political decision, She also addressed 911 program she expressed concern that within the idst minutes indication that thiose monies had not had tho W - own budget page. She inquired as Cc where these amounts had been carried, Assomblymosbor Skogsted again referred to the Brown's Lake Road item, Ros, 84.136, He stated t at he jolt the resolution should be referred back to the public Affairs Committee or the attorney in order to have it conply with the now state stand on 301 funding. Asoosbiysosbor Stephens announced that the Rural Road Development Connitt*e would be having a mooting on Sept. 6, at 7:00 p.m. He also indicated a ood turn out on the Sports Lake/Mackey Lake. He also thanked Mr. Isarton for his charts, Assomblymomber Douglas thanked All people present end Participating in the meeting. He also referred to the matter of the Nikiski High School, H* stated that he thought what Mrs. McGehan had done was well within the roals of the body's powers, He expressed the opinion that the assembly as the body that taxes and appropriates funds, has a right to provide input to the school district. Ass*mblymembor NcOohan acknowledged receipt of the resolution from Tyonok, Mayor Thompson voiced a correction on the statement by a member of the ass*sbly that, "they didn't agree with the mayor that this ordinance on hazardous waste was premature and that we shouldn't do anything about it." M&yor Thompson denied that he had ever said any such thing, He stated that the sub)oct woo not premature, but she pprosont ordinance didn't solve the problem, For instance, storage, FCII9 are cover*4 by Another section of the law. Prot, Arnoes voiced the hope that the assemblymombers could tour the now high wiool, perhaps starting the meeting earlier. • 14 /' 1 11 . 9, ' 11 KFNAI PENINSULA HORU':;H ASSEMBLY REGULAR 14LETING 01" SEPTEMBBR 4. 1884 n ssemblymombor Glick advised Pre$. Arness that Mr. Herrin , administrator of the hospital in Homer, had advised her t9at he was hoping to give assemblymembor$ a tour through the hospital facility when they were there for the Sept. 18th meeting, He also voiced the possibility of members having dinner at the hospital. Assomblymembor Dimmick voiced opposition to starting the meeting earlier than 1:30 p.m. Mayor Thompson congratulated Mrs. Betty Glick on her 31st wedding anniversary and Mrs. McGahan congratulated Pros. Arnoss on his marriage. Assomblymombor Nash made note of borough ordinance 2.08.020 setting time for assembly meetings. He advised that it appeared that the assembly would need an ordinance or resolution to change the regular meeting time. President Arness announced that Halbouty Road was now paved and don:. Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON HATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA Mr. Brad Bradnoy asked whether the revompinS of Res. 84.138 would affect the outcome of Res. 84.153. Pros. Arness indicated that it could. He thanked assonblymsmbers and the Public Affairs Committee and the Mayor's assistants for their interest in the issue. Mr. Bob Ross, former assemblymember, spoke in regard to Sports Lake He Road. He indicated that the road had been prioritised years ago. said that he maintains 3/4 mile. He received a letter from the borough indicating that they would no longer let a school bus go down included in the road. He also would like to haw the subdivision road the maintenance by the state. He asked that both issues be put on the agenda. R. INFORMATIONAL MATERIALS AND REPORTS (a) Letter from City of Homer RE proposed fireworks ban S. NOTICE OF NEXT MEETING AND ADJOURNMENT (September 18, 1054, at the Homer High School) Pros. Arness stated the next regular sooting will be on High School September 1S, 1084 at 1:30 p.m. in Homer and the Homer (old) and this sooting adjourned at approx tely 12.41 s.a. Dato ap ro s rooid*nz J0909Amess ATTEST: /Acting erou er 71 d.J 1 i f / 0 KKNAI SYMOR 311,11VIC119 THIRD U11ARTrR 111;H010' YOK 1984 TOTAL. NUMBER OF L'I URLY 8rRVKCI � UAL ATMPA 519 ACCESS SERVICES 183 ESCORT SERVICE 20 ' TOTAL RtDXRS 110 TOTAL RIMS 3,443 INFORMATION/RiWERRAL 26 CONGREGATE M94LO 375 TOTAL MEALS 2,751 ROMPDELIVERED MRALS 30 TOTAL NUMBER OF MEALS 684 HOMEMAKEU SERVICE 20 COMMUNITY SERVICES 1HP, POTLUCKS 72 = IN HONE SERVICE III RECREATION 138 SHOPPING ASSISTANCE 21 ARTS AND CRAFT PROGRAMS 18 PERSONS VISITED 86 HEALTH SERVICES 49 TELEPHONE REASSURANCE 9 HOUSING ASSISTANCE 1 TOTAL. VOLUNTEERS 42 f' 1108PITAL VISITS 31 OUTREACH 53 j TOTAL DONATIONS $12,833 i TOTAL PLANM FA;; YR. 15,444 - 4 1 1 t r--O GOAL YEAR TO DATE 758 207 331 22 44 152 91000 8,872 25 70 380 543 7,500 8,037 35 50 1,800 1,909 15 39 254 144 209 230 39 39 131 109 40 4 62 83 40 153 111 tl� f� I a 1 G i - n,vun a,rnnn,►,•r an a,arn,u,•,aa Mix 497 krmai. AWAka 99611 (907) 211,3.79119 ;. a September 27, 1984 Honorable Mayor & City Council CITY OF KENAI Pont Office Box 580 Kenai, Alaska 99611 Dear Mayor Wagoner and Members of Councils Pleaae find enclosed a copy of the Kenai Chambor'n Resolution No. 84-5. urging the Governor of the State of Alaska to con- sidor Kenai as a prime location for the next State constructed Pioneer Home. We,of the Kenai Chamber of Commerce,support the efforts of the City of Kenai in their ondoavorc to eonatruct a facility for use by our senior citizens. If we can be of any ooaistance in the resolution of thin moot worthy matter, pleane contact use Sincerely, - 4— S e C. Carter Executive Director Enclosures 0 _ Krt►:.i I;h:�n�lmr uC I;uninu�ri��� Ilex 197 k Komi, It;t-t%;t 99611 -C C . -ptemhc,r 27, 1984 Honorable William h��f f. ir•ld, Governor State of Alanka Pouch A Juneau, Ala;zka 99811 Dear Governor Sherf iol.d: Pleane find enclooed our hs.uolutlon No. 84-5, urging your Consideration of Kenai ors a prime location for the next. Stato constructed Pioneer Home. We value our, senior citizen.-, and their contribut:ionn to our community and are very deuiruuu of providing a facility that would tillable them to Continuc living here. Thank you for your attention to thin matter. Sincerely, V Sue C. Carter Niecut ivr- Director `i CC: Department of Health L Social Servicea State of Alaaha, Divf:Aon of Pioneer'z O(tnefitu k // tl......: I�L.....t t I�-........._.... • .1. n,rr ..NII ri1. n'. rR .,r/Irlrr/r'rrr Box 497 Kenai. Alankaa ' 9Oi I IKCI (907)2tia-7989 C RI50LUTION NO. 84-5 A RESOLUTION OF THE GREATER KENAI CHAMBER OF COM14SRCE URGING THE GOVERNOR OF ALASKA, THE HONORABLE WILLIAM S1lHFP1R1,D, TO CON€IDER • THE CITY OF KENAI A; THE PRIME LOCATION FOR THE NEXT STATE CON- STRUCTED PIONEER HOME AND FURTHER HEREBY URGE' APPRU11RIATE MEASURES FOR LEGISLATIVE FUNDING OF SUCH A FACILITY. WHEREAS, the concept of a Pioneer Home situated within the City limits of Kenai is under consideration by the Alaska State Depart- ment of Administration, Division of Pioneer'u Bonefits, and WHEREAS, 300, and on numerous occasions up to 500, senior citizens utilize the Kenai Senior Citizen Center, and WHEREAS, there in a documented need for a Pioneer Home type facility to keep our aonior citizens in thin community, and WHEREAS, the City of Kenai han indicated a detsire to donate the neeaaaary land, adjacent to the Senior Citizen complex, for the construction of a Pioneer Home in Kenai, and WHEREAS, the Kenai Peninsula Borough in one of only four Boroughs in the State without a Pioneer Home, and WHEREAS, the Kenai Peninsula Borough is this aecond largeut population center of organized horoughs within the State of Alaska. PLOW, THEREFORE BE IT REVOLVED BY THE DIRECTORS OF THE GREATER KENAI CHAMBER OF COMMERCE that the Governor of Alaska, the Honorable William Sheffield, and his administration, aro hereby urged to continue efforto and negotiationrs with the City of Kenai for the aaquiZftion of land and the construction of a Pioneer Home for the senior citizens in the Greater Kenai area. PASSED By THE; BOAPD OF DIRECTORS thins 21ut: day of September, 1984. ATTEST: ROBERT V. WILLIAMS, PRESIDENT Sts# C. Carter, t xecuTArrector r, _ _ _ _ it r—a+�sr.-r.• ter-- -�... .. - - — -`_ .r J--- —•-_�. _...s..--__�. �.-.-,:-.ice, / .r��—r .- � - - _ 1 City of Kenai. COMMUNITY CENTER COMMITTEE MINUTES L /V / - 7 saptemner Z4, 1984 7s00 p.m. The meeting wan called to order by Ron Malaton. Present were Louina Millar, Jim Carter, Carman Gintoli, Bill Brighton, Sally Bailie, Connie Koovil, Tom Wagoner, Bill Kluge, Bob Wolf and Barbara Epperson. Carmen presented a proposed overall site plan for the area including and surrounding the community cantor site, The plan is designed to got the city thinking, he said, and is not final. Committoa members reviewed the plan; discussion followed. Committee members discussed moving the center site outside of the FAA fencing. The move will allow cantor construction to begin whether or not the FAA removes the fencing in the near future. The views, setback and expandability of the center will be maintained if the move is made, Carman said. Plans to encourage the FAA to remove the fencing as soon as possible were reviewed. Carmen noted that the cantor plans would be presented to the city's planning commission during its meeting of September 26, 1984, Committee members were requested to attend the meeting. Requests for use of the cantor are already being received, Carmen announced. The results of a meeting with food consultants ware presented. The consensus was to provide a warming kitchen, not a full kitchen. Minimum amenities will be provided at an estimated cost of 040,000. Exterior wall samples were presented by Bill, Bob, and Carman. Members approved the use of Dryvit insulated panels. A neutral gray/cream color , ("Vandyek") was chosen for the exterior with an accent band of "Brandywine". Interior floor treatments were discussed. Barbara recommended two colors in the groat hall to break up the size of the room and ona color in the hallways to provide continuity. Committee smembars decided to use j a Pedigrid flooring in the areas Immediately inside building entrances; Heuga carpeting was chosen for the remaining interior areas. The carpeting colors will continue the exterior color theme, Barbara said. Sally said she called Ray Pittman, manager of the Valdez community center, to determine whether a portable or permanent dance floor is recommended. Mr. Pittman said the portable dance floor is extramemly flexible and has proven easy to work with, Sally reported. Furniture orders were discussed, It was suggested the orders wait until It's determined whether the additive storage area will be built, f Funding for the community center will be discussed with Lt. Gov. Steve - McAlpine during his meeting with the city on October 19, Sally said. Committee members requested that Carmen present the community center plans at the next city council meeting. The meeting was adjourned at 9,15 p.m, �r Connie Keevi i 0 /f c+ �' KENnt P1;Ntnrut.n Ruauurtt ^ RLGUI.AR AS5010LY 0414JIN6 Gvrr�&i 8011M)GHFANN11 111151RA1)U0BUILVING /1..... SOLUMMA, ALAUA City rt A G E tl 0 A CITY • Pr.sgpSstion by City of Portland Chamber Trade 001e90tion • A. XFL 1O ORDER A tomb /. PLEDGE OF ALLEGIANCE Click Valli C. 111V0)CAT1o1+; Rev. Von Tallison, lot Raptist, Soldotna Corr Crawford D. ROLL CALL Carey Keene E. VACAUCY, DF,SNUATIU33 00 5EAMIG M A5",ENDLY119MORR sewail Nrcahan 1. Report of Canvassing Board flesh Arnoss 2, 991.48HU2 "Certifying the Results of the Jean ctu, 1918 Regular Borough Election" Dole (Nryor) Douglas st.on.ne 3. Orth of Office, Elected Member# skogstad Dinnick F. APPROVAL Of Ni1+UTES Mot prepared) G. COII(ITTEE REPORTS (a) Finance (Crawford, Carey, Corr, Diffimick, Glick) (b) Public Affairs (Sewed, NCGshan, Stephens, Douglas, Dale) (e) Education (Keene, Valli, 5koested, Nash) (d) Legisistiv (Dimmick, Arnoss, Joan, !lash, Crawford, Sewall, Keene, click) (e) Nandi River (Vale, Corr, Olmxlck, Glick, Joan, NcGahan) 11, AGENDA APPROVAL AND (A)IMEAT AGLaUA 1. 01101114111E 11EAR065 (a) Ord, 11.1 "Awendin0 KP/ 1,06,010.to Reference ev se 0tate Statutes Regarding bale of totoxi• catisg $average# During Eiaetlon$" (Navor) J, 111TROVUMOU OF 040111AUCES (a) rd. 44•1 "Authoriting the Receipt of a 11110,000 rant row the State of Alaska, Department of Administration, for the Purchaso of Fire/Rescue Equipxvnt for the alkiskl Fir. Service Area and Appropriating Ilms Funds" (14wyor) ' (b) Ord, le•fe "Providing an Amended Sales Tax Ordl• nanc�ugh a tlow xP/ Chapter 5.18 and Repealing the Current Chapter $46" (Sales Tax Cato,) (c) on• rerwSdeA911oexorgerizing ei ncyServiceCommunications systvsv' (Mayor) (d) Ord 8e•16 "Authorizing the Expenditure of orougTnds to Proceed Through the lidding/ Negotiation phases of Architectural Services for Proposed Chemical Dependency and F.svrgoney Additions to the Central Peninquls General Ilnspital" (NaYor) i It, ....- r ,.... i,.�•J��.,,,•e.I�..w.+.a yam... •.�• .. .,1. r. ,, .I. �I4 ��• �•. .'. .. •-Al: ... . , � , (a) 0jA�$ •17 "Adoptl119 a New Chapter 10,10 to the (tear DsnTllsutr 11/1LIld11 Y.oda of l/tdinaners to Ettablish a Masto Disposal Conalesion" (,)pert) "Aaendinf Chapter 16.U1 of the KI'R iT rT 11fAn luatnv iy flip AJJItI n orl • 11nw 4ection 16,04,15 Regarding Dissolution of %*#vice A/ems" (Arness) K, COIISIOERATION OF RAWLU1101,15 (a) Re}.-41•l�! "Providing for a Ballot Proposition to ctlfl re un•Aroawlde Fire and finer`•ncy Medical 4ervice Powers" (Dimaick) REF Pub A M Cate, (b) PA,, 94- 140_ "Ralussting the Uovetnor to Impose r One Year oIa orloa on Repaynent of State Loans to the Conk Inlet Area FfsIll Industry" (Mcfialtrn) fSTI'ND (e) Re"GrrnAcro s flop le Right of'way and R y ,rseaent Across annnlgh setacted Linda" (flavor 0 Rey, P.C.) ld) Rot, 14•I6"Requesting ilunic(paf Astlstanco funding ron the State of Airaka" (Mayor) to) Res, 44. b "Granting All Borough Interest in art pee Drive by I)uitelafm lived to the state of Alaska" (Ilalor) (f) R 14• "Requesting the Legislature to r s Appropriations, for the Construction and Wallin of Certain S ace Melntolned Second- ary Roods Night, the Waugh" (Mayor) (g) R-*!, 84- 64 "Request!", "I" Alaska Depsrtment o renspo tetion to Establish Drlorities for /udgeting and Construction of Konal Ponlnouls Borough's Highways and Roads" (Mayor) (h) R.e,_,j•169 "A Resolution Ur,ln, the Alaska eper ownowni—of Environmental Conservation to Amend Its Regulations Regarding Water Quality Standards an � wastowator Regulations and to Provide for Addltlonel Public Participation in the Vocltion•Making Process" (Mayor) (1) not-, 81,170 "Establithing Expense Reimburse - men • * for Volunteer Firemen for the Ridgeway Fire Service Aroa" (Mayor) (11 Ro 4• "Approvinf a Contract with CTA 'fill, s Engin*or$ or Professional Design and Construction Sorvltes for the Construction of a Chemical Dependency Unit and Energoncy !Suite Addition to the Control Peninsula llotpltal and Authofiting Preparation of Schomotic Ooslgn Documents" (Mayor, Boil. CPMSA Board) L. PENDING LEGISLATION (This item lists 1*,lslat(on whits will be addr*st*d at a later tins as sot*d1 not for action this aeotin/) to) Ord, 64.72 "Amending the Land Us* Plan M*D for Lots 1•29, Lawton Acros Subdivision from Radium Density Resldomtial to Conservation, City of Ilonal" (Mayor) HEAR 10•f0 (b) Ord, 14•SO (Amended) "Amending KPB :1,11 Pertain - In/ to Noalous, 1nluriout and Ilasordous Uses of r—band to include Prohibitions on Use for Dltpotal J f Hatardous waste!" (Dash) PSTP4D, M to•10 It'll (/rd, 44 11) }hst,(and Amended) "Aa4ndlnF KI'1 1,11 'Sala CtodII IorIfitools, 1*4�Aaerllan Veterans"�iilaoi►► (Net, I•t 1r1451Y bore ('ate, RIJU: It I$) 14) Poo, 14 161 "Autltotl:log the MR6,11lit lon of Terao for tho frrnofar 11 rba Ilona► Off way Maintanst►ce 14/:lllty te, the Cfty •If IbtmeN' (.Jean) Off EO I:HTE, (e) Res, 44.111 "Providing for 111MI(i Area Junior illQh and 4enlor Mlgll lfchools" (Meflahan) Postponed 11'13.14 (1) Ord, $4.41 "An Ordinance Establishing tit* Xelifofn- sky fire Service Area to Provide Fire Protection flervices end Providing for an Elected loor4l" (Mayor) (Postponed to flovembor 11) M. FORMAL PRA3811TATI0114 WITH PRIOR 110TICi N, HAYUR'S REPORT O, OTHER V101NESs (e) Motion to approve dots for Assembly Ilootings Oct. 9 6 10, law, 1 i P, ASSEMaLY AND MAYOR'S Ct><NI911T,, It. PUSIAC COMP1110 AND PINLIC PRESFDTATIONS UPa11 MATTERII 1101 CONTAINED 10 TUF, A41911aLY'S AGEIJOA R, INFORMATIONAL MATERIALS A110 REPORTS (a) Vacation within Char Subd„ Addn, 1, Portion Rhodos Nay (b) Application for now liquor !!cent*, II1111thFa 4, 90TICE OF NEXT MEQTIIIP, A00 A0,l0URT1MEDT (Oct, 10, 1944) e-11, 0 z.:ivtiv �'(v "Iwly A , „o,.,r; t 1n,tAhY Its I., 01v114, mts4i r: 1040 BOX 1 7 KRNA1, ALASKA 00011 PF;PORT YCH '1'H1' 14011TH OF ;,F;i'!'F.tbfil7t, 19834 Cirelilr,l,ion lilult ,luvr•n110 i;-usy "-IoY.B Fiction 1160 P33 1148 '.:rr,-rirtIon 1.133 1.27 191 Total Book Circulation— h2h2 1111143, Phonodisscu, Pianphletss, Perindicnl.ss etc„ hh0 Total Circulydirm 1s68 Mditiono Adult duvcnlle Frtssy Rooks AV Total (;i rt:3 69 ]. 6 __ 76 Iurrshn ;r a ] $?. 7 2A it P?8 Total. G.r19itionu 3o4 P.%snfrrlir,.l rind T5or,kss fidutt Znvr mile .':ay Ili*%* AV 02 11 25 2 Xnterlibrnry 1,orinss or+I rid Peeeivrrd P,ett1rnr•d Rr,oko 28 Pfi 12 AV P5 r 11 rr,terrlibrrtcy r/,rrnss by M!,vary P r,kss AV 20 59 '1F,1unLncrn 'tusnb�r ?S T,t,r;l Nr.urss „ �1G I nc'rr,1e n � I A , M11.11, r I-SUAr.i V# :,I UVIC-r, 4rru./. 1 147 13OX 1 U7 K1cNAI, ALASKA 09011 Lita-ary Crtrris; 1::r.ur•ri :;r.{,Lr:r:br r, 19$14 Kenai 160 Anchorage 1 Y.fusilor 13 ulkinhka 20 Irinilchik 2 Soldotna 3i Oterling 5 9- 33 I r TIM (.'['I'Y OF KFNAI I OCTOBER 1484 $4, 1 9'f BARON PARK WATER AND SEVIN EXTENSIONS PROFESSIONAL SERVICKS Suprombor 1984 WATYR AND SVWVR DYSIGN 100% COMPLETE Ton Percent Ref4lflage Per Coatma ff- "Lvy 'Ode f. LEASES EXECUTED TO DATE IN 1984 NA14E LEGAL OVY;RIPTION Vim, to Jill Burnett Lot 2, Block 1, CHAP James N, Doyle Tract A, Gusty Sub. #3 .lean L. Mall Lot 2, Byron Park Sub. Tommy Partos Tract A, Sprucowood Glen Sub. Dan 0. Pitts* Lott 1A, 2A, 3A, Block 19 FRO Schmidt, Ducker, Edelman Lot 1, Konai Spit Sub. *Thin was a re-oubdivioian of an exintinq lonoo SALES EXECUTED TO DATE IN 1984 NA_ LEGAL DESCRIPTION James E. Carter Lot 10, Block 2, `idnlgo Jesa L. Mall Lot 6, Etolin 2nd Addition Edwin R. Lowry Tract i; Leta 1-6, Slack 1; Lots 6-10, Block 2, Sprucewood Glen Edwin R. Lowry Loto 2A, 2B9 2C, 2D, Spur Sub p6 Rick Luebke Govt. Lot 50, S©c, 34, T6N, R11W Nsloton/Bailie/Schilling Lot 38, Spur Sub. No. 1 Noble & Henley Lot 3, Block 29 CIIAP Schilling & Tyler Tracts D do E, Sprucewood Glen • i 1 I a 4 M �...... I /—J1 n J, iv t-v T w. D Y► • /' « CITY n" Yc11r Pro -act TROMPSON WK RCAD !X?ROVEM'Y'"S Contrac to:• Aedress g� v,•,a nr.+, A A?50� Project No. Pori-ed From -Sept Looct_ 8, 1984 ANALYSTS OF ADJ'JS.ED CCNTRACT A'CUNT TO DATE O Original contract amour: Q,s,.1091 ./ 07, : Net c'iarge by clang orders spa </9 aro,..'l -21 4aa.so ' .ACjustcd contract amo,-nt t:) date $429,636.50 A IALYP' S' C:' WOR:; Co'�?LISTED � rf•,�!�. i Oribira: c.�ntruct work ca^ral^.tcd S - 7o 404014, -7o c 1 5 Additions from change or•ly:*s corsi*-:tee.. -o- -ate l `✓ Materials stored at cios,• of ner:od -o- -o-• � �C4• it Less rc to nago o: �c res•tt' V Tota! earn.s.i 01 LeSr, 11n0c1:r rrovIou. $412,382.M?3 I: �alanc� due th-rQ as -'rent S - 3�-•4E �,�.�f3 . YJT 7 � fa cc: -7 a cto•. �'�,tlyCT••CI�V^t to ::��. �!!, ,:SC. ,.i,, •.fin M � ""•. rt. Page _2^ of r•I t • CERTIFICATION OF CONTIACTOR Atewd,n► to the bear nr my l:nv ledre and 5e'irf, ! certi(v rig• 31! ite'es and amounts Shown on the hat Of this Perlo-lie F..stimate for N4ttt«t PavA,e'+: a►r earr,•c•; "Mt A:1 wMf4 ••1a be•!n an.!,'w rrvef-sl +uIlAwd in full seeornanee w;th the twgvitetsssts • of the refervict•J conf-se....,%•or {u:V AW:1014•d PLO.:.vn4, W'Jif 94-1jr. .. A:'Still IRS. 3n../6r 84441611S. •ns: site (oregolas is a Irv# and aorru:r vA•om, ne v• 10 :v1!r.rr1 a• • t v^! up 19 1•In), •F,„ ;.ts• . A/ of •he 'wtr,nl eviered by th.s Periodie F.etimstos to"st no -.tit of the '^.t:.ncr 1%.? F•1i•. P4$r4e• r" hole bvun •r• r:.r!, A 11 ins( t^(• urtle•alt•.ed .nd hia suxanlrsaters navf•jabeeft app4rottr tdreJ ' s. 1� tonylivd wits ,►I1 t5e teSnr ;rovisio�e �f said conrraer, b. Complied tv.t'l a:::'•e :4,10t prov,niona of aAi.! orntra.t eseept n tbnae instances whersi an honest disprtt existswlt� rM ' Spout to *Ai; SAt.w woviators, rtr !r) of eP«ckeQ, N•Errte �"O ly nervro of 010Pvto.) / C�rea• «.�.i4SL+Jn.�,r't&!•�,�::� t T.sz: • ay (Cvr.rrsvtor) S4ianettee N AtRhe►lae Q1wtMtrt , Oct. 8 T•s, �roaitloslt '" . , t98d l.e CERTIFICATION OF ARCHITECT OR ENGINEER �; •,, i -,r eett:fy $%a I hsve checked MJ ratified chi above And fwaltaine PvrioJic Fitimate for PArtisl Payment$ that tethe best M sty ,v"knowltdity an•i boiivf tt i+ A f+e•. At,J c.rrrer af4temcnr of w✓i tcrivrMed arJ/or mater,al wpp'ied by the eontraetois thus aN walk AsWltn onwarial inetv.lo•1 in 0in ')urruaie l:.ttn•,tre t.t+ bu•'• r,,y, e!vu 'IV +ei srJ'ur by •ly Jot/ authorised Mptessaaske or AStitatanta 40.1 tnwt is SA* burn rarl.temvJ . rb 144 •,urp ry in to ! .f,v4,fJjjft;4 wY•t rd.lutiCntVala tlf (lva ryIVWXa COWS , JAJ alias par•tai tr ntt 01.1.m.. oJua uv rsQst(,d by the car!rAa.a ty! w • n:etly r.rnyutvJ on tho',solo of wait ptrfermcd A J/et w4we •riot bull v 'a•vna. r Sirined...� Angisest%-roRp vr)Win e. COrth01� 13�yst4rn, ',;•1 ,'�.,,;� �.+ii� 9� r` --- Osa ,')OUr. "IC'r101..w.�I�.r�.. •;, :>7rI r �t.EY PRO -PAYMENT CERTSPICA'ION By FIELD F►JGINE71 E x ••� '�' `�—w-•----�' = -------���.. ek"S low dot Perrtrent eerrrtreN IV 1 havv vhveiwd t't + vVC0014ty AKA'nw tfty aun!rAc1.M'• ,iPJ'•.ri t;'i pi.Ntlllw /iN CurtA,r! Payntelirit"iliv nopii ind nrtvirts If"siv _"' 1114pVG'iu•11 .•t tlw pro,v'. /nJ I it, Rvrr.,.lk •-•)' A►. .111 ,•rut..• ..t -w Jrt:lltrVCt '4;nA0?6,r. I! iS env opinion 0A$ the QtAtrovow d work Ent.-n.•d .+n.' w v. u•t,.t:r ou:?"wd , • A. w.At,, ',',At •'r.• ,+ ub+t,-sl+•l. tho arqu amvna trf trW awtrAst�strt shs! roe eolf.P:10f •hou,.t !.v t•,uo •'•d ,trnvJO• +.r(rw,tva ,t ..: e•, I NY.try •a,t• A:: wofis afro .•t 'ttAt. fIA;. r,n.i— •!,. c.'•,••A. • 'u• '•v.•n ut �t'..!vJ by A.• ,tM� !1t4t it 'Is* bve•s Purforn„•J JO)"4r emp• pl.+d 10 ' J�.vdAtK�,son ttw rudvutmr•rIs of tl. , .e•r,.•, Wine, Corthei2, Sry .on ry,r44 ApP►.r1.a y _ _ rVolet .FAY EST11r',ATc N' „ • rro i ce t Tho'""mo t N rk .nog! im'sruvementfs i f i Contract Amount Total to Date ( T tom —�' I ' No. Item Description f 1'iu ! ','nft Ric! I Total :;': `_t I Price I"nit Cust Quantity Amount 201 Clalri:sr And CrubVnry ( 1-Jut+ 1 I_ 500.00, 1.500.0 AL-100% 1,500.00 p. L'nu�Qsblc rxrnvn!:pti (3_,np CY I:50 00.0 ZZ'"3 3=,ea9'co 1�20Z ---- ---- - - .._ .l 203 Useable Ficclvation ;00 CY i 3.00� 1,500.0 785 2,355.00 Tyv: L.Z 204 Kackf tll +f -I_R, ;00 CY t I. 50i 27, 750.00 18,593 27 889.50 203 T3ac'r.-y Type t C.an:tiliad FSI1 b 7,700 CY r + .��-6sr8r• 946,200.0 7,073 24 755.50' I Diupo:sr. at Un•;uit:�bie or "'-- — i 2 9 !. Sur"lunt_•'»•+terial from Trench i!`7 CY _ Pura., Wi Tr`ttc:h Backs III �� n1 l 5_C+, 2,soo.0e 308 1,54o.00 • 210 CTvvq TZI) 500 CY 1 5.00 2, M.00 308 1,540.o0' ' Storm )l ain Trench f�i f _eav:ci,u� n,E 1i301 r'F !'0-.310 LF • i 7.001 2,IQ.0,0 3,988 27 916.0fT Storm Dt•a:n '.'reisch Excnv tt:osi i na+.Li11 Qz1()"i;•ssch i '..274 LF 1 8,00 10.192.00620 4 960.00' f ;torn Drain Tr(stich Uncavatiur. 9 LEI 8.001 800.00 64 512.00, P b 1 15" Dia. Corrugated Xtl' !, " rmLf1:,113L r'.�;��;��417 ! 22.00 $ hfi8.00 395 8 690.00' P b I id" Dics. 4orru rated ,MCL. ;s7 i ' '^�Ci)JCtl1JL;.4..�'n�'•r, •P 24.001 �' —.:.�.,:1.7� 37 ��S 7 2.00 1579 37 896.00 4 1 24" Diu. Corrugated Xtli + I 40,069 .0,.' I'b.9T.xim—1.:!�,'•',��' ' 26,001 11 778.00 453 11 778.00' !P b 1 27" OL:.. Corr'as,,ated ' •,_,ya?, .„�f no ELrnr�tl-iitn lr..Z. 2llJ.n 0 0 0Q Q� �r�_L. � 1-2- .255 ( Storms Drain 'trench Mochanic.all 1 r)2. 8fi s—===mp-merIn ���s�i7__?:" .10 467.50 467.20' �P I. 1 IY' Dia. Corrugated ytl. 4A -vap (':tLve�s 15.00!_311150.Qo 2391 35,965,00' i P L 1 lb" Dia. Curruzat,:J Ktl. ! Slit t��-.:1�L��tp3t!' I� ' 1"'�:: - �i0i%�2•N�.gO�.•..QO� 1-.—...:-.�.� 720 of) iConstruct Stuns 3r:i.st v,:infivI'' 4L "Nfip Ir.u.1 I.ro�C.�?2.�7.6AQ.Q0� 11 I 7,fon ofi ;Conntruc:, atoms Dram Yan4vie 3 1910W QinJtr"^• �"^""nfnynn.t,�++ r t �• � r r'� t _75n_7A' � .7SA_AA� 1 � 1 If nn t r^ i'._:s.vail�',7� ! �,'•w 7,74f).On.f 2,760.0A= 1 1 I 2,760.00� Y � L PL:•rrc ::sacs tiec : sun . i" 1 t 3 ..�0` 1� :� »1':' • 4 .st_ '�'_-_ac`: 1?1.00 3,120.00, 26 3,120.00( 516 !pia. ��h?.n T' 1/+�oi4s. 6_ach '40.00 840.001 6 1 840.00' , A;Y ESi��ti!�1�� ,��: � ' 't s; tJ a d©� , M �. . �•r.'.ir.a! �'�a�ra:t %inount Total to Di.d Item :t~ ,;;..�•i:y �� No Item 004criptlon fv^kA tl.lit lid Total t I r'r:ev (ttn Cv,ct , Quantity Amount ...f.b:T—[A �.��asuu...at �: ; .4.5 • (Type L 1) ',, _.S..i�.ta.'".�L'1'L._J4."Z1L::..S • , �.^:1C:ec. :'J'a �.me:!,C.1111•�J 'I f r r ' i i.�it� 520 .. eL'�'n �t T n t n t P n P a fi t:Jk,� _ 1 1 �:.iiC.:�a :.�.�.►+C.++V'."+�+r�ai�+ Conat-tst'.: Slwrz 0rA tl Catch 1{ Conf;trust Sterm :)rail Cntct: j osi�Y' / "�: Writ rnr At "jis Z02n�..°srR_. WK Furnibh place 9' + dower ant �. I. 9,3.00 F.xistinl; ti:111tic+1 Ltt I I 10,000,00 10.000.00, loot )0 r,L` Removr! and 1)iSpuW of F.xiutin,; 5.00 1 030.00 ' s , 2 �50 ''.LQ,�---—•',0-t.:►�i. 1i1.00 61050.00 t;0 '6 A50.0p f qn-Os .'�;t,^��n..t.... t �1-•:.us11 201.00 i 14, 271.00 70 is 679.90 M1..t�tlancuu•i.Ca»ur�L,c�, C� ( 2,00 .00 T 100.00 1 t,�n. 0911 �_�CuttreiS�n,lt '�Il►_ �.br�.a:�.�O1_.., u ` 1 1, uAA . titi )Remo ont! f)isspu•te u! F:xirstitt ; i j en_„?��_r,..s•=^.^mot <._.tflot;'/�.�1 �' 01{,001I 32.3 I 195.00 909 iROMOsvQ ;/nd Rainata:l Exiwtit%, A ,I , 11tes7ovv o, C:tivrt�Q F,r.intinr, Cu LY,.rt _'�.�'e�:1, •i_.� t 7'1,�...._712 S.00 i�, ..Z:.1—••�fi�wt�-i�{•1•Le••1�4n�.•r•{�i�—��.�.1-.-t,peo.: I' { . I `• s 1 �I, �Oti1 !�•�.Q•.:�:: ~ .�.i i 4 I•N Alf '��4.P4�i.,� 'J :s� pun woo ..Wool r,an I.e/YbY1 NV1'/►bblbV NINTRAr.T911"; AFFIDAVIT ()F PAYMENT OF DEBTS AND CLAIMS 1os City of Kenai 211) V idalgo &taint Kenna, Alooka 99611 Projects THOMPSON PARK ROAD IMPROVKMENT:3 Contract Dotes Julio 11, 1J04 The undersigned, purossrsnt to thn Contract Documonto for Conatructien, hereby cortiflea that, oxrept so llated below, he hen paid in full or has otherwiae slatinfled all obligations; for all materiela and equipment furniahod, for all work, labor, and services porformed, and for all indebtednonn and claims against the Contractor for damngen arising In any manner in connection with the porformanee of the project referenced above for which the City of Kenai or hie property might in any way be held reoponeible, Tho City of Kenai can requont the Contractor to _1 submit Separate RoloaDen or Waivorn of Liono from Subcontractors • and material and equipment nuppliera, EXCEPTIONSt (If nano, write ,Novo". If required by the City of Konai, tho Contractor ohall furnloh bond notinfactory to the City Of Kenai for each exception or in the alternative, the City of Kenai may withhold final payment, J CONTRACTURs G 04A Jna t ore STATE OF ALASKA T111RU JUDICIAL DISfUluT / J ii1I(; IS 10 CEftt FY that on thin day ' - i ' ilo'13 s s , 11 n s ` r o r"' ,. = , ass nil poroolisiLly known Ins or having produced on n actoey ovi.fenen of Identification, appeared before me and acknowledged the voluntary and eutheri1si execution - of the foregoing instrument an ohalf Ovid co � rat On •d - , 0 at y u s r, Or A I a.04,4 - Hy Commloolon Expirrsss 1a', 4 ) 1 J I PROJECT COMPLETED CUNIhALTU1 "i AF 1 1UAVI T 01' RELEASE. OF LIENS Tot City of Kenai 210 Fidnlgo Street Kenai, Alanka 99611 Projects THOMPSON PARK ROAI) IMPROVEMh4IT:9 Contract Onto s .Tune 11, 1984 Tho undersigned, pursuant to the Contract Documents, hereby certifies that exempt as listed below, the Rileaaes or Wnivera of Lien attached hereto include the Contrnctor, 911 Subcontactors, all supplioro of materials and equipment, and all performero of Work, labor or oorvicon who have or may have ,Lena against any property of the City of Kenai arioing in any manner out of the performance of the Contract rofereneed above. The City can require the Contractor to submit Separate Roleosoo or WsLvera of Lieno from Subcontractors and material and equipment nupplieca. EXCEPTIONSs If none, write "None". If required by the City of KenaL, the Contractor shall furnish bond satisfactory to the City of Kenai for each exception or in the alternative, the City of Kenai may withhold final paymOnt- Hann STATE OF ALASKA ) )os " T111R0 JUDICIAL DISTRICT ) TNIS I' TO Cf R.TIFFY that ort thin 6 day of XTU4r , of 9 a< <,. �1, , � , being peraana y� sown o me of av ng pr uce na atac ory evidence of tden ifscation, appeared before me and acknowledged the valuntar and authorized execution of the forogoing wetrument on o talf f asid corporation. Hy Cornmiaoian Expicoa$ V-1 �1 0 rONSENT nF ,tfRPTY COMPANY TO FINAL PAYMENT PRUJLCT: T1101,11PSON PARK ROAD IMl'ROVEMf:NTS OWNCRt City of Kenai CONTRACTOR: Construction Unlimited, Inc. CONTRACT DATC s May 159 1984 In accordance with the provisions of the Contract between the City of Kenai and the Contractor as indicated above, the General Insurance Company of America , SURETY COMPANY, TR—amF and esru:a of Surety company Construction Unlimited, Inc. 8_82c Qk-�g�pCONTRACTOR, dame�an�► eas of ontraetorZ hereby consent to and approve of the Final payment to the above named Contractor in the amount of S 79535.46 , and in the case of the surety it is further agreed forlowot 1. In giving this consent the Surety has made its own investigation to determine whother said Payment should be made to the Contractor and has not relied on any representation by the City of Kenai or its employeen or agento which hays indu.:ed it to conssent to such payment. 2. Surety agrees; that this payment shall not reliove the, Surety of any nF, its ohligationq to the City of Kenai as set fortis in its tabor & Material payment and Performance Rondo and it hereby expressstly waives all claims ag•linat the City of Kenai for wrongful releaaoi of funds: to the Contractor. IN WITNESS WHEREOF, the said Surety Company has hereunto oat its hand this �tjL_ dny of aabac__.____, 996. 1984. SURETY COMPANY: � STATE OF ALASKA ) THIRD JUDICIAL Drwrt IC'I' ) Ault iorj�zzpd)4jp npany Rep. D.L. Jeffries Attorney -in -fact THI:i 19 :iars►es_ ,'�,��... . - �_, Tic n: : - '� °i G.,wt Lt�•;,;_ �:. , �1. .. c_;1!�4.v being per,;onaT,,% sown to ►ce or huvin.l proauc•u ,sati•st:.l fury tsvidenco of identif#c.�ti©u, appeared betorn •nti and acY•nowl�sttq•sd ie voluntary and authorizrxi execution of 00! foregoin.l in.,;r1l: ton 1behalf f�aid ' corporation, f i •tsy russ i t:,si as�a ,G� My Cc,nizzion Cxpire3: �� I .i" t w w y:•.pta ALL',',E% :.'s' TH'.FE Pi:EfE TS Eafery 111:.1"anct Cor11N a,^,} (if America ;. ,c General lmur.,nct CUrnpAny of Amtr7Ci e;,c . a CG'(.:i:ink,, does each 11cfcb" Ar1.Uint ---------------L. F, "S::F.::;:; I. L, JZFrF.:E°; P.OEvR" t'1L'4•'--------- its uue and luw"j1 a;ic rney(s)-i 1•fact, wor, full authority to execute of, Af bee,a:f fidthly and surety bonds or under:aY,:rg, Ana other docun9cnts of A Simllaf characses sssued in the course of,ts butinest, ant to bind the itspectrvt company thefeby, IN WITNESS t'-11EREOF, Safeco Insurance Company of America and Central Insurance Comyarly of America h2W each executed a:.d ;:testes; these -resents this 5— day of — n, rosR„- .19 '72., CEP.TIFICATE Ex:faet froir, Article VI, Section 12, of the B►,Uwt of SAFECO Insurance Company of America and Gf General Insurance Company of Americas "i rucic VI, Section 12, — EDELITY AND SURETY WNW tht Pfesidew, any Vice Presider,:, 2, the Secretary ::all each have suo'owy to appoint individuals as attorneyt•tn•fact or under other appfc prictt titles witr, au:'nofity to ex ecult or, behalf of the eon -,any t;deli:y and surety bonds and Other documents of Simiizr enzraeter issued by :he wnp$nyy in the course of :.s business , , , Or, any instrument m2k.snf of evidencing such appointment. the 6krziurt: may be affisttd by factimflt, 0r any instrumes,: Conferring such authority or on any bond or undertaking of we eo:rpany, the sea;, of a factimbs : treof, rtay be or"'tssed of affixed or jr, any oats mznnef repoduced, provlded,however, era: the sea aha;i no: be ntcesszry to Oic va:,dify o, ary suck, ifisuumen, os undefssring,- , Esttrac: iron, a P.eWL::ton of the Board of Directors of SAFECO Insuranct Company of General Insurance Companof America and y of America adtpsc: July U. 197U: 1'01) any eef:ifieatt executed by skit Secretary or an assistant ttcretary of the Compar,} Letting out, (i) The yrovisiers of Article VI. section 12 of tk,e Ey•Laws, and (b) A copy of the power•of•attosnty appointment, extcu:ed, pursuant t: ereto, and (iis)Cerufyms- that said powef'of attorney appointment is in full forct and effect, the si;naturt c It the Certifying officer ray be by faeSimUt, and the seal Gf Me Cor„pzny may be a facs:,•rit thereof." 1, Wr.- Harnsert:a, Vice Fmident and Secretar" of SAFECO Insurance Corn,pany of America a;nd c'! General Insurance Company of America, do l;treby ceftsfy that the foregoing extracts of tic kr •Laws and of a P.tss,iu:r:r, Gf Site bozrd Of D;ftctOfi of sheet CO'PO iSC,nt, 'and of i PDXtr-of•A:tGrney fttsed pt;fs4zrt .' trew, art true and cofstc:, anC ::a•. bG«, tht ByAaws, the F.tWzion znd ti•,c Fr;wer-Of•Attorney are still in full force and effect, 1': y%IT�ESS "I;EP.EOF,1 rase htftunm set my hand re affsxed :i+t fact;rr 16f tack corperz:ior, this dsy c_ Ux 19� -, . PAY ESTIMATE N0:= iu/'o-/a t: 17'Y n 1. 1 W,11A I P ro j oC t STELLAR DRIVE — 1984 SPECIAL A53E351.11;:fT DISTRICT ri't ,• Contractor Quality Aophalt Paving, Inc. Add re o S 1711 P.aet 82nd Avenue i Anchorage, Alnuka 99507 Project No. 84-008 Phone 283-3995 Period From 9/11/84 to 10/7/84 ANALYSIS OF ADJUSTED CONTRACT W-1017."t'I' TO DATI: O1 Original contract amount $68,441.00 Gdiet change by change order,; Adju:dted contract amount to date 3 68,441.00 � ✓ ANALYSIS OF won CO'1PI,1s T1:I) 4 So Original cottract tsark 6c>moutua %Z�S �Qc Addition; rr,)m citan;e order, completed , 0_ OMaterial:; stored at clo:-;c• of period -0- 7 Total carnedo-0- H a 4 22,522.50✓ Ol.eiss retainwto or 10 �_ percent. j 29252,25 `�if� Total c+arned le:;:; Ile tain:;;+,eO7 -O 2.0.3."iA Pc 1 �+ I,r� �s , :;:njut►t r) r p t-::• i >>r ; pa � r+�•;� t •; -©- 11 Ralrusct. 1ue thfs t fleet 20�V1D ' . , p; y. Oual ity istisalt Pavin✓, Isle. 1;11"i nec r winds, r.lrthell , Bry;sun y - 1 r u PAY ESTIMATE N0: STELLAR DRIVE — 1984 SPECIAL ASSESSMENT DISTRICT CERTIFICATION OF CONTRACTOR Ac4:,vdln4 to thu hv.t m my knra la,f.x• anj beln 1, I cars nv eh.lt .111 Slam* .Ind amountt shown fin the lace of thso Petiudsc Iatilnate lot 1'Artsel P.ts•ment .Ste cottvcf; that .III work h.t•. hvou 1—frarr.w.1 .unl of rnsu•fs.11 .uppllud in lull accof.lencu with the faquuamenfa at the Ietelvnevi 4.untt4ct, And of lull, Authorl.,vi jv%utsrna, .unbt,fOtIs-fie, AltP/etIIln*, AnJ•of addluonsI, that the I„fes•usna to A ,t Ituu And eurryCt •,t.lta'myN of thy Cvlltf.lft .Icc.,unt ,. t' I., .Ins InylUeln4 fn, lent -'-IV fit fill' peflu.f �IWBfed by fhl% PCrla tl« 1•:*tim Kff; .hit nu pfft of tbu ••ItelAn.0 Isuv 1SIn 1)1sm,•nt" :.A.:::•n re.rne.f, ens that ins, un,!,•rosynea Anl is» flub!untfictorx haver-rCA,rk .Ipr0o.s,Ir Mosel A. �XCsmplivd with .41 thv Libor provstlans, of p71: :0nfI.ltt, b, _ C:ompllc•d with -bit OU Whist ptuvl.lonti at sit! ::ntre.t •rxcvpt if, thr.oa snatencan chafe en honaot dispute exisr, with fa- ,puct err *Asd lAbor provtalonu, ill to) 14 chitzko't, ,r..•crr,ie bff•Ily nwtufo of dlepute.l fly �4.40- Quality Asphalt Pfsvkf ell Inc. (l),xass ee of Auflusrtred Represonfnt/v,) 10_1�d l'ifle )'-0 Cl t�q r, CERTIFICATION OF ARCHITECT OR ENGINEER 1 cvfttly that 1 h.svv chucked And ratified the shovv m.1 futel'oule Pvttrhlic B*tfinefe let P,tfft,tl Payment; that to the hest of my knowledpv on.l hyliel it I's .t Itt/a An.t correct stacmarni of work peftofnard .Indoor rn.str:ri.tl .upplivd by the confrAet✓rt th,t All work,snJ 'ar mAlefsAl Inclul."I 111 fhtl Persts.lsc LotsnlaIv he* bu, n tn.pr,rted by me end "uf by lily duty Authors/.v.l tvpty*vntattse of ,las.t.t.lnp, .Ind that It h.s. hv.•n I'vrtutrued ant '.'r •uppilv.t In tul:.1, • nr.tenvc wlt l fvyusrurnl 111 .4 tie frtva•n.r; e0fitrA63, 4414 that p.Itti,ll {,tynlvnt ylastuv,l ,n,t feyu.•,evd by Ow raisins. t,-t I.: orro, tly c,nnl.uf,.t un th t Was* .11 wwk pyrfufnlv1 •►n•j (if r1l,lty- vial IsisU ,t dAty, Wince. 0 is a. U, Prr�ytsun 'I tr ' •1• r / DAN . Y <,: »_ . PREPAYMENT CERTIFICATION BY FIELD ENGINEER' •. ••• • • •�--�•-------- Chock type of paymoof ..,friloed., -�~)'t/1. ;t•ri •_ ... ,•,., , 1 ft.wa yhvyky.l tbs, c et/met,• .t./m+t th• .•nsrs, e,•r' • srh• del•• „! Arn.,.uda h.r C.ntn,rl 1'rrnN•ol*,`eIi<nuti :,Tri.! rvp:•i%• of rsy �inrlvctl"n, ,d the pfat.vf, ,n.t fist' Irrl.,l/. rf• ..i:,rslra I rn. sf.iuf.,t .•nnnyr.r, It I, •n; .•prnfunthlt fhe ,t.+t.•rnent of work �• rl,,ruv.i Ans of ❑, r, rsa1. .utt•1r. s I. era. an . , r. so .nrf.at..r s..d.,er.lne rtsr a•ytstferncnt, at file .anfta.t, .ins th,st t fit !Oflff occur .h.tltl : ;•c r./t.t thv A'sst t. •lor tat rt . t f cefttll eh.lt all w.lrk sot ,•f-•.Nefsal. ,n' 'Krs.1 1, .. IS us.l,,,.t• a I•y is, smi ri,If If !.I,. bv,•n l•rf.flmcJ in .•f.up- .1 to fAl A,.uf fen.. .:I,. h •IV1: •:, r.t. ,•t :.. :. I.tf., t. 0 4�-- Wince, Cos hell, Brysfsh-Rl wets 00.0110, .five. nn,t vst„ -f f , tr.le t - i�.i• iir - 3' i i S 1011MIU111111,11- & ENGINEERS, INC. S I - W1101 �' PARKW000 PROFESSIONAL BUILDING, SOLDOTNA, ALASKA October 8, 1984 11 ko- t I Pvry a 1 1 ' City of Kenai 210 Fidaigo Avenue Kenai, AK 99611 Re: Engineering Design Services South Highbush, Bumblebee, East Aliak, W res, & Highbush Road Progress Billing: September 1, 1984 through September 30, 1984 Professional Services: Senior Engineer: 4.5 hours p $75/hr $ 337.50 ' Draftsman: 66.5 hours 9 $35/hr. 2,327.50 2-Man Survey Crew: 11.25 hours @ $95/hr, 1,068.75 $3,733.75 ' Expenses: (Copies of Invoices attached) Kraxberger Drilling 535.00 ' 6eotechnical Data Systems 00.00 8 -00 ' Current Billing $4,568.75 Previous Billing (August) 15.890.00 ' Total $20,458.75 Payments Received 15,890.00 Balance Due $ 4,568.75 ---- .1 The Project is 80% complete. - .•,o,/;� _ x ANCHORAGE ! ' ' '. i i � I§OL�DOTNa WASILU4 i MM 3458561 (OM 262-9534 (907i 3*3770 /' CITY OF KENAI FOR l'nf1MM, rNPORMn'PTON 1 Transfers of Funds under $1,000 under KMC 7.25.020 (a) ©ato Department Amount From To Explanation 9-18-84 Lands $999.00 Prof. services Advertising To advertise Section 36 lands. 9-24-84 Lands 400.00 Printing/Binding Advertising To advertise Section 36 lands. 9-25-84 Library 500.00 Mach/Equipment Aooku To purchase Contemporary Literary Criticism series. E� r 1-7. "/9V&1'. '-C, P M � City of Kenai n,i P.O. Sox 580 Kenai, Alaska 99611 C11Y of KQ 4 October g, 1984 83.10013K Projects Kenai Municipal Airport Itinerant Aircraft Parking & Ramp Overlay ENGINEERING SERVICES Senior Draftsman - 1.5 hrs X $38.56/hr = Staff Geologist - 53.0 hrs�X 4A.2O/hr a Project Engineer - 85.5 hrs X 57.84/hr a Senior Geologist - 10.0 hrs X 67.48/hr L i Senior Engineer - 4.0 hrs X 67.48/hr a Expenses .10% APP40VW SY CITY Of KI" (7 e"Y MANAGER : Parict -. - W.���,. PUSUC W01194 -.-... p ATTORWEY c1TY CLERK p O=1NAL COpi► TO k37, 4 r <A9,6oy.Y7> 57.84 2,554.60 4,945.32 674.80 269.92 349.52 � aA,fi52.00 01 . t f 30 7 /79nap, h, . 7 �✓ r City of Kenai `MITI -.. Ii1.V.4J « . P.O. Box 580 �'c�`4� a �' Kenai, Alaska 99611 �i'••''''" ,% October 9, 1984 A3.10013K Project: Kenai Municipal Airport itinerant Aircraft Parking 6 Ramp Overlay ADDITION ENGINEERING SERVICES Inspection Technician - 3.0 hrs X $43.37/hr a Senior Draftsman - 1.5 bra X 38.561hr a Staff Geologist - 58.75 hrs X 48.201hr a I Project Engineer - 0-1 74.0 hrs X Iw 57.84/hr a Senior Geologist - 5.0 hrs X i 67.48/hr a Senior Engineer - 4.0 hra X 67.48/hr a Expenses +101% i /o •!%mil y APPROVra BY CITY OF Xt" 13 CITY MANAGER aUBLiC WORit, K.... .-�� O ATTORNEY ._...-.—.._.—. I �oNtr•►af' � /y 9i9 �o _r INFO .A../ >ri7 a 130.11 / 57.R4 2,831.75 4,2A0.16 337.40 269.92 349.52 d r /r i 118 # 2 56. 70 I ';1 II'fII AIIr1'I 111t4 itisrI Ie f$, I' N '; I A It N-itut•,sI (;-►:► Corni)art y (1 IAl? ), they Clt y oI Y.enfti (City) -stiff the'. Comm IofiIoft ;tal l (';taf'I' fit! r1,1)y joint I f I I e tIttfs StIpul:01on in thn srt)tllr.r of Iho appIIrtot Irift tit► fifty 7, 191W by EN ;IAR and Knnit ► lit. I 1 I t y ^;ory ►ety C(jrf)r)r of 1 un (Y.U'.'0) ) to the Corntfstnntoo, it. bet lnfl conffII Ioflod Ihnl. upon 1111fl fI1lnrl tilt! Comfit i oft I oft will nlrpruvf!s (i►) tranfsfef1' of itwr►nrf)ttlp of Y.115f:1)'n a s!►flt. i I.f) fNISIAft ; (1)) tranitfer of KI)`it:01a t'vrt. i I•Ic:uf e of Pit bllt: Coff vof) Ienc►1 t and Nfrc:r►ita1,ty No, 119 to FN5IAft I UWA and , 1 , The part iof) fit ipu l at n thaI the rat ea eharr}e!d In the prclfient Y.USCo aurvic:e ores► wl I 1 cunt ifloo to bo tho Isame unt i l fit launt. atech time that, ENSTAR'o tariff if; banurf on it final determinatLon of TA 43-4, I.N;TAR'a currant rate increaao filing, 2. ENSTAR agrenn to maintain enoily neparabie accounting and opnrationa roesorda for the Yllf,CA ayntem. 3, Thu partion obnerve that the City'a franchiou agreement with KU5CU providen the, City an option to purrhatic- the KUSCG ayatnm at the expiration of the twelity-year franchion term in 19117, Tile part ieo do not. agree that thin) purchstnp, option io valid; but the partiou do utipulaLft that the dotormination of Lite validity of the purchasee, option does not have is material impact on the tranofer of KU,CT) t9 ENSPAR. To priruerve the City'a claim, Lhf, piirtian stipulate that KLI;CII' n Certificate of Pabl is Conven) once and Necnsn it y No. 89 ohall not be rancellcfd, but it shall remain fseparate from ENSFAR'o saxiatinel Certificate No, 4 pelnrfing the otcplration or exercloe of Lhe CIty'a option to purchanQ the KUSCU nyotem from CNaTAR, For the City of Kenai !it�)ns rt! Ilssi �! For F,`'1 M tl tural Gafs Curnpany iagns)t14ro .t e For the staff of the Alanka Public Utilitirsft Commiaoion ' t I i i CITY OF KENAI I - 110 /IOAL00 KRNAI, ALARKA iNtt TEWHONB 11f • 7616 October lip 1984 V�MEMORANDUM TOt Kenai City Council FRONs Wm. J. Brighton, City onager Please find enclosed a memorandum to the City Manager from Richord Roaa, Chief of Police regarding a juvenile detention facility. The memo is self-explanatory. Unleso directed by the Council to cause and desist pursuing acquisition of a juvenile detention center, the administration will seek through the Governor's office and Community and Regional Affairs to acquire such a facility for Kenai. WJB/dg i I A ��l KENAI POLICE DEPT. P.O. BOX 3173, KENAI, ALASKA 99811 TELEPHONE 2$W879 October 8, 1984 TOs WILLIAM BRIGHTON, City Manager PROMS RICHARD ROSS, Chief Of Police SUBJECTS Juvenile Detention Facility The Kenai area is in need of the establishment of a juvenile facility. The facility would serve the Kenai peninsula Borough and would be in close proximity to the Superior Court and Youth Services Division that also servo the Borough. The Kenai peninsula Borough far exceeds the 17,000 population figure that is the threshold that was establiuhed by the state for such a facility. At present there is no juvenile detention facility on the peninsula. The Kenai Jail, as well as other jails operated by municipalities, have provided emergency detention in the past. llowever, none of these facilities meet the legal requirements for absolute separation of juveniles from adults. The Kenai Jail is being phased out and will be replaced by the Wildwood Pre -Trial Facility by January of 1985. Thin will not hold juveniles at all, even on on emergency basis. According to the Kenai Youth Services section, there were 245 juvenile detentions in local jails during 1982. Ono hundred and seventy two of theao, 702, were detained at the Kenai Jail Facility. This need will no longer be met with the closure of that facility. According to the same source, during FY84, the McLaughlin Youth Canter in Anchorage admitted 184 Kenai Area Juveniles for detention. Many of these detentions could have been held in a local short term facility. The establishment of such a facility would alleviate the need to fly theme same juvenile* back and forth from McLaughlin to court hoarings prior to the adjudication of their cases. in FY84 this costs in excess of $30,000 for airfare alone for the Youth Services Diviaiono. Thia does not include the salaries of the escorts, or those transportation and escort costs when the transportation was provided by the Alaska State Troopers. �E . sststir� page 2 In uummary, the cutablirthment of it 1ui;11 IM-111ty would meet a critical need that arisas with the closure of the Kenai .Jail Facility. It will expedite and Improve the handling of juvenile eaaes. The Division of Youth Servicas will have dirart costs and manhour savings that can he otherwise directed to meet increasing case loads. Law enforcement hours now spent waiting with juveniles, pending emergency detention placement, can be directed elsewhere. A local facility would batter facilitate family vista to the detained juvenile during the course of court proceedings. Request your support in bringing this need before the Kenai City Council for purposes of addresaing a resolution to the legislature. If you have any questions or desire further information, please advise. RARlmp KENAI POLICE DEPT, P.O. BOX $173, KENAI, ALASKA 00811 TELEPHONE 2W7879 October 3, 1984 TO: William Sr!ghton, City Manager FROM: Richard Ross, Chief of Police SUBJECT: Kenai Juvenile Detention Facility Res Request for FY 86 Legislative Capital Budget Attached is a copy of a Department of Health and Social Services justification for a Juvenile Detention facility to be located in the Kenai area. i consider this to be a very acute need. At present there is no place for temporary detention of a juvenile. The Wildwood Jail Facility and Kenai Cara Center do not address this need. With the close of the Kenai Jail Facility, there is not even the capability in the local area for oven a temporary emergency hold of a juvenile that has been arrested and that cannot be returned to his residence. Request that you review the attached information. I believe this is an appropriate Issue for the City Council to address in resolution form to the Legislature. Should you have questions or desire further information, please advise. j Sincerely, ,il' &crd T ss Chief of Police rr, Kenai Police Dept. If RAR/mp attachment RATIONALIZATION FOR CONSTRUCTION OF A JWLNILB W2STION FACILITY IN KRIAi The Kenai Youth service District serves a geographic area 8enarAlly defined as the Kenai Borough, The 8 rough ancompaases the entire Kenai Peninsula and the communities on the northwest side of Coot►, Inlet. Major co=unities within the service area inclisde Kenai, Soldotna, Seward, Homer, Seldovia, Anchor Point, Starling, Moose Pass, Hope, and Tyonek. The first class city of Kenai is.the air and road transpor- tation hub for the are&. The Alaska Department of Labor publication"Alaska Population Overview 1982" lists the Kenai Borough population at 32,486 in July, 1982. That Poopulation includes Approximately S,800 children between the ages 10 and 1. The community of Kenai and the adjacent city of Soldotna house head- qusrtrrs for aroa justice agencies. A Trial Court beach with one Su - Parlor Court Judge is located at the courthouse in Kenai. Kenai is also the headquarters for District Probation and a number of other state agencies. The Alaska State Trooper Detachment is quartered at Soldotna, 8 miles away, Sirs law enforcement agencies with a w sl of 60 uniform officers serve the Kenai Peninsula. City police departments are located at Kenai (13 uniform officers), Soldotna (9 uniform officers), Romer (8 Uniform officers), Seward (8 uniform officers), and Seidovis (2 uniform offi- cers), 20 uniform officers, excluding Fish and Came, are assigned to the State Trooper Detachment. In 1983, 540 children from the Kenai area were charged with delinquent offenses sn4 referred to intake. '600 referrals are projected for 1984. The client caseload of the Kenai District Juvenile Probation Office currently stands at 70. Kenai area youth.ars currently detained subsequent to arrest at several local Jails or transported immediately to McLaughlin Youth Center in Anchorage. The cities of Kenai, Deward, and 11cmer operate local jails. *Done confor>s to full sight and sound separation of juvenile and adults and none have the capability to datain juvanilas3 longer than 48 hours. The Division of Family and Youth Services report to JJDP for 1982 shows Local jails detention admits so follows: Kenai 172, Surd 34, and Hower 39, totalling 245, All of those youths were released within 48 hours or transported for further detention to McLaughlin Youth Center. McLaughlin Youth Center detention admit records show that 194 Kenai aroa children ware detained in FY 1984, Sleven (11) Kenai area youth arc currently in the t-kLaughlin Program Units, ,lI Krrial. ©et,vn�lur► Yr,�;llldy Pago Two , _ When Kenai area children are detained at McLaughlin Youth Center it is necessary to transport there from McLafthNin Youth Center to Kenai for Court appearance. The average is three court appearances per child. All transportation costs are currently borne by the Division of family and Youth Services. Escorts are conducted by the two probation Officers located in Kenai or by sarergency guard hireo currently paid by the Alaska State Troopers. 183 escorts were conducted in pY 1984 at a cost of 031#783 for transportation alone., 8/84 i i i 1 I 1 I 0 t �j 4 CITY OF KENAI eap4w 4 4" if II10 FIDAL00 KENAI. ALASKA 12611 -- - - - TBLEPNONS 283. 7535 MEMO TO: City Manager; Department fleada FROM: Charlea A. Drown, Finance Director SUBJECT: Status Older Projects DATE: October 16, 1984 A review of older projects that either have not been completed or have monies left in the fund indicates that, in some cases, substantial monies are available for re -appropriation or use. This list is not necessarily complete, as I only reviewed the older projects. Please review this list. If you have plans to use these monies, we should do so and close thn grants. If you will not use them, they may be re -appropriated. Lawton Street Project is complete; we are waiting for DEC audit. If all goes well, we should have $66,276 left of 1981 Road Grant. lst and 2nd Compl7te. $115,224.47 of 1983 Road Grant 41 is left over. Thompson Park Have final bills on construction and design. Need a final bill on inspection (should be about $14,210). Expect to have about 0250,000 of 1983 Road Grant 41 left over. Evergreen Have construction final. We need inspection final; I called Tauriainen and he said that bill should be $3,720. We also still have $4,425.98 of design to pay. Based on this, I expect about $174,000 of 1982 Road Grant left over. Also, after closing Esdie's Way, we have about 017,000 of Water and Sower bond money left (in addition to $70,000 of water and sewer band money already available). Page 2 �C_a_nd_lel_i�ht, Need final hills from McLane and Wince. It's too early to tell for sure but it looks like we'll have about $40,000 of 1982 Road Grant money left over. Boat Ramp Complete. 065,913.25 of 1982 State Grant is left over. Port Facilities Some es gn/planning done. $531,828 of grant money is left. Harbor Study ter three studies, there's $87,898 of 1980 Grant monies left. cock Gra,n,,t, OW —Grant of $1,000,000 has not been appropriated (or requested to be appropriated), Port Kean Restoration s left of this 1982 grant. No actions appear to be planned to close this. If we don't use it, it'll go back to the State, $5,026.02 is left of this 1982 Grant. We should find a need for this before it goes back to the State. Miscellaneous Park Improvements $9,401.44 is lert of 1981Hunieipal Aid. We should use this so we can close the grant. Recreation toMovements 016,914,44s lett, The money came from bond funds. Water and Sever Grant IM Grant o 50,000 is not appropriated. Air art Terminal Renovation e job is complete an $16,909.40 is left over. If we don't use it, it will go back to the State. -�-� D d / - i i i