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HomeMy WebLinkAbout1985-08-21 Council PacketKenai City Council Meeting Packet August 21, 1985 1� z AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 21, 1985, 7sOO PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Board of Adjustment - Dowling, Rice h Ansoc. - Appeal of P&Z Denial - Townhoune Units, Central Htn. S/D 2. Agenda Approval 3. Consent Agenda *All items listed with an aaterlak (•) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discusaton of these items unless a Council member ao roquonta, in which cone the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. S. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per pereon) i M 1. Roger Meeks a. Groan Strip in Old Town b. Civic League Plaque Location 2. Ron Kasprioin, Architect - a. Landscape Study b. Old Town Study 3. John Cook - Oischerge of Firearms Within City Limita C. PUBLIC HEARINGS 4-) J.— 1. Ord. 1076-85 - Amending Kenai Municipal Code - Taxicabs 2. Ord. 1077-85 - Amending Kenai Municipal Code - Landscape Review Board 3. Ord. 1078-85 - Repeal Kenai Municipal Code 4.35 - rAgv,fir Trailer Placement -,4. Ord. 1079-85 - Increasing Rev/Appno - Street Lights - (p (� $30,000 -5. Ord. 1080-85 - Increasing Rev/Appno - Road 8 Fire Hydrant Repairs - $100,000 9 'iS 6. Ord. 1081-85 - Amending Zoning Map - Kenai Original C$ g Towneits �_-7. Res. 85-78 - Adopting City Atlas - Street Naming S. Res. 85-83 - Establish Fee Schedule, Poster Space - Airport 9. Res. 85-84 - Awarding Re -Bid - Runway & Taxiway Repainting ,10. Res. 85-85 - Awarding Bid - Street Light Replacements 0. MINUTES 1. *Regular Meeting, August 7, 1985 E. CORRESPONDENCE 1. *City of Seward Resolution - Development of Winter Sports Site, Chugach National Forest 2. Vet Center - Viet Nam Vets Memorial 3. 'Kenai Chamber of Commerce - Sen. Murkowaki Lunch - August 23, 1985 F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ord. 1082-85 - Increaa. Rev/Appns - Standard Dr., Thompson Pl. - Add Ri-!:'!eiel Dr. - $84,160 a. Public Hearing, Ord. 1082-85 b. Change Order /1 - Central Alaska Const. - Standard Dr. - Add Richfield Dr. - $67,960 C. Richfield Dr. Addition - Standard Dr., Thompson Pl. - Wince, Corthell, Bryson - $16,200 4. Ord. 1083-85 - Increaa. Rev/Appns - Women's Resource Center Grant - $50,000 a. Public Hearing, Ord. 1083-85 b. Billing - Women's Resource h Crisis Center - $40,153.01 5. *Ord. 1084-85 - Increas. Rev/Appns - Walker Ext. - $3,081.361 Transfer - $1,928.46 ` 6. *Ord. 1085-85 - Incress. Rev/Appns - Senior Citizen Project, State Grant - $1,135 .7. Change Order for Leaking Main, Bumblebee - Addition to H.A.S. Project 8. Approval - Lease Modification - Swenor's, Vet Center - Gusty S/D 9. Approval - Lease, Completion Date Extension - Kians Development - CIIAP 10. Approval - Lease, Alaska Rent-A-Car - Airport Terminal 11. Approval - Assignment of Lease - Navarre 8 Northam to Wortham - Aleyes ka S/D 12. Approval - Vacation of Secti3n Line - Valhalla S/D H. REPORTS 1. City Manager 2. City Attorney 3. Mayor City Clerk 5. Finance Director 6. Planning 6 Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT m t Cf T1� a KLNAt frr emu. pfam ROTS= Tho ow" Of f CNy of "w wW be sfty • Bond of Ad,Nnkmoon WO&WI ft Aupud21, loss A-17:00 PM in the C 0d ChW&X n. 210 FWapo, to hw on appal by gyp• %* t Aaaoo. TIN PW**V t ZO"CpWANM hY daelad b �� r@WJW by ipoo t Ann, for O"bwoma oft an tot 12, Bkxk 1, Can• N NOVO WD. tat Aditm.': Tha PWW M kwtgd to otand anO partloipata or VAN*Nnony to b`ti: L j Ck:a ""ON AU90 21, 1 OSS, DAT$D; CRY Cwk I J � 1 (' 9 COUNCIL MAWING OF ��,�i�I�i�I�I�I17FJnu��■�, l�II�]E17rI17171/i7►7F�J17G7�IIfl�■� i COUNCIL MEETING OF f August 21, 1985 INFORMATION ITEMS 1 - KP8 Minutes, 7-16-85 2 - KP8 4genda, 8-20-85 3 - News Clipping, Municipal Insurance 4 - Library Report, July 1985 5 - Kenai River Management Newsletter, 8-5-85 6 - Chamber of Commerce Newsletter, August 1985 7 - City Manager Brighton Letter to Borough Mayor Thompson re/Kalifornsky Fire Service Area 8 - Hockey Rink in Kenai, Proposal 9 - Notice of DEC Nearing, Disposal of Drilling Muds & Well Cuttings on Kenai Peninsula 10 - Billing, Central Alaska Construction - F-tandard Dr., Thompson P1. - $179584.26 11 - Billing, Commanche Corp. - Main St. LooT, Lake, Marine, Granite Pt., FBO - Road, Water & Sewer -- $4199362.46 12 - Prosser Const. vs City of Kenai - lot & 2nd Sts. - Paving, Storm Drain, Sewer 13 - Billing - Kodiak Const. - Airport Main Apron Extension, Willow St. Extension - $3479888.37 14 - FAA Letter - Sales Proceduree, Airport Lands jw i I l` I i _0 a -/ • �, ,, e * -Ytel ..J `,�� i'Lf'w /�s'�%lW'�L ✓LR�3Q.i.� G7�nGf/Lf1�. �� MNNPW f ` . UI'TY OF KENAI RESOLUTION NO. 75-38 - �� 1-", - J3 - 3 A RESOLUTION OF THE COUNCIL OF THE CITY OF KE::Al. ALASKA. AS Ati1£MED, DESIGNATZ:G A CERTAIN PLACE WITHIN TIM CITY LIMITS AS BE240 A PROPER PLACE FOR THE DISCHARGE OF F1171EAR;IS. WHEREAS. the Council of the City of Kenai is enacting Ordinance No. 262-75 which declares that it shall be unlawful for any person to discharge a firearm in any place within the City limits other than in an area specifically designated by Council, and WHEREAS, the Council of the City of Kenai, pursuant to Ordinance 262-75 may designate by resolution areas or places within the City limits where a firearm may be discharged, and WHEREAS, the Council of the City of Kenai has found the following area within the City limits, with the exceptions noted hereafter, to be a proper place for the discharge of firearms. NOW, THEREFORE, TIE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: Section 1. A shotgun may be discharged in the following described area only for the purpose of taking water fowl, with the exceptions set out in Section 2. Beginning at the centerline of the mouth of the Kenai River where the westerly line of Section 5, RIM1. TSN, $award Meridian crosses the Kenai River. thence easterly along the centerline of the Kenai River to the east line of Section 5, RUW, TSN, thence southerly along the centerline of the Kenai River to a point 100 yards upstream of the small boat loading ramp on the Kenai River, thence easterly to the living natural tree Iine, thence following the now natural living tree line to within 100 yards of the Kenai River Bridge crossing road, thence southerly, maintaining a distance of 100 yards from the Kenai River Bridge road and parallel to said road to the north high water bank of the Kenai River, thence easterly along the north high water bank of the Renal River to a point 100 yards east of the Kenai River Bridge crossing thence northerly maintaining a 100 yard distance from the Kenai River Bridge crossing road to a point where maximum high tide waters reach, thence following this tide line easterly to a point where the. tide Line intersects the west bark of the Kenai River downstream of the Loretta Knackstedt residence, thence easterly to the centerline of the Kenai River, thence northerly on the centerline of the Kenai River to a point where the river than flows east, to west thence easterly along the centerline of the Kenai River to a point where the Kenai River flows south to north, thence easterly to the west line of Section 11. 1111V. TS:I , thence on a line due east to the next west bank., upstream. of the Kenai River, thence Pollowir. the natural maximum high water bank of the Kenai River upstream, including all sloughs, backwaters and in -flowing tributaries, as far as navigable from the main streann of the Kenai River, to a point where L'+e Kenai City M-nits cresscs the Kenai River on the APPENDIX I Page 1 of 3 (13.15.010 ilj) /' M south line of Section 7, RIOW, T5N, thence following the City limits line on south side of the Kenai River to a point where the City limits terminates at the tide line of Cook Inlet (section line dividing Section 7, RIM, T5N. and Section 18, RUW, T5Y). It shall be unlawful to discharge any firearm other than a shotgun in the above -described area. Section 2. S�ithin the area above -described, it shall be unlawful to discharge a shotgun at any point which is within 100 yards of a residential or commercial structure or of a maintained street or highway. Section 3. Nothing contained herein shall preclude the retrieval of wounded water fowl by normal migratory bird hunting methods and means from the areas designated as closed to shooting, with regard to safe and prudent use of firearms within these areas while retrieving wounded birds. PASSED BY THE COUNCIL OF THE CITY OF HE'NAI, ALASKA, this ?�r day of September, 1975. ATTEST: (2 et.' 9,C. Peter, City•Clerlc —�= RESOLUTIO:I:fO. 75-38 - Page Two d1 '1 j I 1 -- . r i 1 i r •CITY •0F KENA I t9`ES A. ELSON, MAYOR APPE :'DI:{ I Page 2 of 3 (13.15.010 (11) 1 1 IQ • I 1 ±3of. 7'7 f1• i 1� C11 Y OF KENAI I r RESOLUTION NO S-41 A RESOLUTIO`' OF THE COUNCIL OF THE CITY OF KENAI, ALASKA. DESIGNATING r. A CERTAL` PLACE WITHIN TIIE CITY LOTITS AS BrI:: G A PROPEL PLACE FOR THE DISCHARGE OF FIREARMS. WHEREAS, the Council of the City of Kenai is enacting Ordinance No. 262-75 which declares that it shall be unlawful for any person to discharge a firearm in any place within the City limits other than in an area specifically designated by Council, and WHEREAS, the Council of the City of Kenai, pursuant to Ordinance 262-75 may designate by resolution areas or places within the City limits where a firearm may be discharged, and WHEREAS, the Council of the City of Kenai has found the following area within the City limits, with the exceptions noted hereafter, to be a proper place for the discharge of firearms. NOW, THEREFOI:E, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: Section 1. A firearm may be discharged at any place within that area which Cis bounded as follows, with those exceptions set out in Section 2. Beginning at a point being approximately Mile 6 on the Kenai Spur, thence � Ip north on the City limits line to the north City limits, then west along the north City limits line to the intersection of l Iarathon Road and the City limits, thence southwest along the easterly edge of Marathon Road to the intersection of Marathon Road and a line drawn from the inter- section of Davidson Drive and the I:enai Spur at right angles to the end of the runway of the Kenai Municipal Airport, thence southeasterly along such line to the intersection of Davidson Drive and the Kenai Spur, thence east along the northerly edge of the Kenai Spur to the point of beginning. Section 2. It shall be unlawful to discharge a firearm at any point which is y , within 100 yards of a residential or commercial structure or of a maintained street j or highway. -- ; PASSED BY THE COUNCIL OF TIIE CITY OF KEh'AI, ALASKA, this c3day of September, i 1975. - I j ATTEST: JA-?uZS A. ELSO`, J:1.YOR Pcter, City Clerk APPF.NUIX It Page i of 2 (13.15.010 (11) a 1 �E 4 I s I - - 'I'll -), 0 J Suggested by: City Attorney CITY OF KENAI ORDINANCE NO. 1076-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 20.05, ENTITLED TAXICABS. WHEREAS, Kenai Municipal Code Chapter 20.05, entitled Taxicabs does not provide for the disposition of property abandoned or lost in taxicabs; and, WHEREAS, it is in the interest of the citizens of the City of Kenai to provide for uniform disposition of property lost or abandoned in taxicabs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code 20.05.100 entitled Miscellaneous, is hereby amended as follows: 20.05.100 Miscellaneous: (a) All drivers regulated by this chapter shall be clean and courteous at all times. (b) No driver of any licensed taxicab shall carry any other than the passenger first employing a taxicab without the consent of such passenger, except for bona fide emergencies. (c) The driver shall take his passenger to his destination by the most direct available route from the place where the passenger enters the cab. (d) Prop 2 rty of Passengers left in taxicabs shall be retained by the taxi —company for a minimum of sixty 60 days. e_property may be sold at any time after sixty 60 days by first printing a notice of sale in a newspaper of local circallation and posting the no ce in two conspicuous public To —cations not less than two weeks prior to the sale. The sale may be public or private. i - 1 . I t� 1 I ov,.�., ,.. �. .. -..�,. .i, ..,. ., ,.._. ...�.. .. �- ,-r.�, _ . .r.-.go-.►.y., .-..war+....e»xem.r r.. , � -_Litre.,:: f�. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. TOM WAGONER, MAYOR ATTEST: anet Whelan, City Clerk First Readings August 7, 1985 --- Second Readings August 21, 1985 Effective Dates September 21, 1985 Approved by Finances - J .t f I C - 'a Suggested bys Building Inspector CITY OF KENAI ORDINANCE NO. 1077.85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.25.050(b) ENTITLED LANDSCAPING REVIEW BOARD. WHEREAS, KMC 14.25.050(b) contains language which could be construed to require issuance of a building permit in conflict with the requirements of Kenai Municipal Code Titles 4 and 8. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.25.050(b) entitled Landscaping Review Board is hereby amended as follows: 14.25.050 Landscaping Review Boards (b) Meetings and Proceedingss The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall issue a building permit upon approval of ( the associated landscaping plan by the Board or the expiration of vJ 14 days without official Board action providin all of the requirements for the issuance of a building perm have been o met. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. ATTESTs Janet Whelan# City Clerk OM WAGONER, MAYOR First Readings August 7, 1985 Second Readings August 21, 1985 Effective Dates September 21, 1985 I t Suggested by: Building Inspector CITY OF KENAI ORDINANCE NO. 1078-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KMC 4.35 ENTITLED TRAILER PLACEMENT. WHEREAS, the City of Kenai has established KMC 14.20.240 regulating the use and placement of mobile homes within the City of Kenai; and I WHEREAS, KMC 4.35 pertaining to trailer placement conflicts with j Section 14.20.240 of the Kenai Municipal Code and no longer has any application. ' NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 4.35 entitled Trailer Placement is hereby repealed. ' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. { n . OM WAGONER, MAYOR ATTEST: I I ` Janet Whelan, City Clerk r 1 First Reading: August 7, 1985 i Second Reading: August 21, 1985 Effective Dates September 21, 1985 4 I ' c f J i 7 i -✓ i J I !' i � J t t • r v � Suggested bys Council CITY OF KENAI ORDINANCE NO. 1079-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APROPRIATIONS IN THE 1985-86 GENERAL FUND BUDGET BY $30,000 FOR REPLACEMENT OF STREET LIGHTS. WHEREAS, certain City street lights are in need of repair and should be replaced by a modern style of light; and, WHEREAS, monies are available in the General Fund Unappropriated Fund Balance for such purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increase in estimated revenues and appropriations be made: General Fund Y g 0 6 9 Increase Estimated Revenues: Appropriations of fund balance Increase Appropriations: Street Lights - Repair h Maintenance PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. TOM WAGONER, MAYOR ATTESTs Janet Whelan, City Clerk First Readings August 7, 1985 Second Reading: August 21, 1985 Effective Dates August 21, 1985 Approved by Finances 8/1/85 �V o ., Suggested by: Councilman Wise CITY OF KENAI ORDINANCE NO. 1080-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1985-86 GENERAL FUND AND WATER AND SEWER FUND BUDGETS BY A TOTAL OF $100,000 FOR ROAD AND FIRE HYDRANT REPAIRS. WHEREAS, road repairs are needed in certain areas of town, including Mommsen, Old Town, Woodland, Wildwood Drive, as well as others; and, WHEREAS, Council desires to appropriate $80,000 toward the repairs of as many of these roads as can be accomplished at this funding level; and, WHEREAS, numerous roads need additional gravel; and, WHEREAS, the fire hydrant at the corner of Willow and Frontage Road needs repairing at an estimated cost of $20,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increase in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues: Appropriations of Fund Balance $800000 Increase Appropriations: Streets - Repair and Maintenance Supplies $80,000 Water and Sewer Fund Increase Estimated Revenues: Appropriations of Fund Balance $ 20,000 Increase Appropriations: Water - Repair and Maintenance $ 20,000 +' - __.w.Y-�. :.. u::.�1:_....., rq.vn�: ... .. .. . -+,.. .• __--�wr.wr,_w...r.. , .+.wny.. or- - rti PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings August 7, 1985 Second Reading: August 21, 1985 Effective Date: August 219 1985 Approved by Finance: 8/12/85 1 1 SJ i I I . i. Suqgeeted bys Planning 6 Zoning CITY OF KENAI ORDINANCE NO. 1081-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY RE -ZONING LOT 6, BLOCK � 15, KENAI ORIGINAL TOWNSITE TO CENTRAL COMMERCIAL (CC) DISTRICT. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and, WHEREAS, the re -zoning petition has been received from Will Jahrig to re -zone Lot 6, Block 15, Kenai Original Townsite from Urban Residential (RU) District to Central Commercial (CC) District; and, _ WHEREAS said property has been historically utilized for 1 commercial purposes; and, � WHEREAS, the proposed zoning amendment does not conflict with the Land Use Options presented in the Kenai Original Townsite ". Redevelopment Study; and, WHEREAS, the Kenai Advisory Planning and Zoning Commission has y conducted public hearings on June 12 and July 24, 1985; and, WHEREAS, the Commission recommended approval of the re -zoning I petition in accordance with Resolution No. PZ85-38; and, WHEREAS, the Commission also recommended to amend the Kenai Land Use Map from High -Density Residential to General Commercial classification. I NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shall be amended as followes Section 1s Subject property consisting of Lot 6, Block 15, Kenai Or ginal Townsite, is hereby re -zoned Urban Residential (RU) to Central Commercial (CC) District. 1 - ORD 1081 E A PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk 2 - ORD 1081 First Reading: August 7, 1985 Second Reading: August 21, 1985 Effective Date: September 21, 1985 CITY OF KENAI %Od Oap,4W 4 4" 210 RIDAL00 KENAI, ALASKA a881S TELEPHONE 283.7535 MEMORANDUM i i TOs Mayor Wagoner and City Council FROM: IRV f Labahn, Land Manager SUBJECTS Resolution PZ85-38: Rezone Lot 6, Block 15, Kenai Original Townaite to Central Commercial (CC) DATES July 29, 1985 At the regular meeting of the Kenai Advisory Planning do Zoning Commission reviewed and approved the requested rezoning, however, it should be noted that the applicant is no longer the owner of the property, it has been purchased by Mr. b Mrs. Thomas Tomrdle. Details of the discussion and motion are available in your packet item H-6, page 3, 4-c. I i I I j a 00OX 46 P--NINSUI.A At oey! .4*4 Opp to 1"9 --- si� pt t h + + t «i + F + + + 3A* tR tf41), ,fst f E---9 go 21 A d g `NG I� r 4 � � - � I CITY OF KENAI REZONING APPLICATION _ pJ _ DATEs 1. PETITIONER: //✓ / / .�/i4-/sj��� AND 2. ADDRESS: f D - PHONE: AW3 - 7gt i 3. WRITTEN SIGNATURESs i i 1 i 4. LEGAL OES/CRIPTIONs / 1 5. PRESENT ZONES C C + 6. PROPOSED ZONES j 7. INTENDED USE AND/OR R ASON FOR EZONINGs � o R S v/� vS e7c i • r r S. REZONING CHECKLISTS — a. map / b. signatures co deposit/advertising fee ($200) -; d. application form or letter s I �i " r i i f i y Suggented bys Administration CITY OF KENAI RESOLUTION NO. 85-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE KENAI CITY ATLAS AS THE OFFICIAL STREET -NAMING GUIDE. WHEREAS, the City of Kenai han never adopted a comprehensive stroot-naming plan which accurately acknowledges existing streets and indicates future roadways; and, WHEREAS, the Kenai City Atlas, recently prepared by a local consultant, provides such a street -naming guide; and, WHEREAS, it is desirable to adopt this Atlas for the purpose clarifying street names of and providing an official reference document for the City and Borough. NOW, THEREFORE, HE IT RESOLVED BY THE. COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai City Atlas is hereby adopted as Official street -naming guide for the City of Kenai subject to the incorporating the attached amendments. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of August, 1985. ATTESTS janot Whelan,-C-Ity er 8116185 om agoner, eyor Q f K, v V Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-83 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A FEE SCHEDULE FOR FISCAL YEAR 1985-86 FOR POSTER SPACE IN THE LOWER PORTION OF THE ADVERTISING KIOSKS IN THE KENAI MUNICIPAL AIRPORT TERMINAL LOBBY. WHEREAS, there is a demand for advertising poster space in the Kenai Municipal Airport terminal lobby, and WHEREAS, such space is available in the lower portion of the advertising kiosks, but no fee schedule has been set by Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following fee schedule for this advertising space is adopted: Poster Space (9" x 2411) $65.00/year PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of August, 1985. Tom Wagoner, Mayor ' ' 1 - 1 1 a d-9 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE RE -BID FOR AIRPORT RUNWAY AND TAXIWAY REPAINTING TO ASPHALT MARKING SERVICES FOR THE TOTAL AMOUNT OF $12,166.00. WHEREAS, the following bids were received for the above mentioned Airport Runway and Taxiway Repainting on August 21, 1985. Bidder Bid Price Asphalt Marking Services $12,166.00 Koreana Stripers $16,275.00 Hansen Painting $120875.00 WHEREAS, Asphalt Marking Services's bid of $12,166.00 is the lowest responsible bid which meets the bid specifications, and WHEREAS, the recommendation from the Public Works Department and the Airport Manager is to award the bid to Asphalt Marking Services for the total amount of $12,166.00. WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Asphalt Marking Services for the total amount of $12,166.00 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the re -bid for Airport Runway and Taxiway Repainting be awarded to Asphalt Marking Services for the total amount of $12,166.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. ATTEST: Janet Whelan, City CIerk Approved by Finance: C Written by Public Works: 0 N Cqua 9 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE RE -BID FOR AIRPORT RUNWAY AND TAXIWAY REPAINTING TO FOR THE TOTAL AMOUNT OF WHEREAS, the following bids were received for the above mentioned Airport Runway and Taxiway Repainting on August 21, 1985. Bidder Bid Price WHEREAS, 's bid of is the lowest responsible w c meets the bid speciMations, and WHEREAS, the recommendation from the Public Works Department and the Airport Manager is to award the bid to for the total amount of • WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to for the total amount of is n e est interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the re -bid for Airport Runway and Taxiway Repainting be awarded to for the total amount of PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. ATTEST: 'Janet a an, City Clerk Approved by Finance: Written by Public Works: 1 i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Street Light Replacement be awarded to City Electric for the total amount of 149,068.53 for 59 ea. Furnish & Install Street Lights. / PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. TOM WAMEN-, MAYOR ATTEST: anet Whelan, My CIM Approved by Finances t Written by Public Wore{, ' II .4A ''�i % 0-111, 1 �- �PLC,,ev !y r f Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR STREET LIGHT REPLACEMENT TO CITY ELECTRIC, INC. FOR THE TOTAL AMOUNT OF $49,068.53. WHEREAS, the following bids were received for the above mentioned Street Light Replacement on August 20, 1985. 59 EA. FURNISH 11 EA. FURNISH TOTAL BIDDER & INSTALL ONLY Air Tek, Inc. $57,067.75 $8,778.00 $65,845.75 City Electric 49,068.53 8,820.02 57,888.55 Hallco, Inc. 55,530.00 7,370.00 62,900.00 Triad Electric 55,637.00 8,899.00 64,536.00 Torvik Electric 64,605.00 8,405.10 739010.10 WHEREAS, the Public Works Department's recommendation is to award only the 59 ea. Furnish & Install Street Lights portion of this bid, and WHEREAS, City Electric's bid of $49,068.53 for 59 ea. Furnish & Install Street Lights is the lowest responsible bid which meets the bid specifications, and WHEREAS, the recommendation from the Public Works Department is to award the bid to City Electric for the total amount of $49,068.53 for 59 ea. Furnish & Install Street Lights, and WHEREAS, sufficient funds are available, aft+ WHE EAS, the C c 1 of the ty of Kenai deter that aw rding thi con tact to t Electri or he al mount of $4 ,uti8.53 or 59 ea.eEnish & Ins 1 Stre fghts s in tbe t in rest of n %dam C• OTILI 1A `jam • I J ll1 1 I i Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR STREET LIGHT REPLACEMENT TO CITY ELECTRIC, INC. FOR THE TOTAL AMOUNT OF $49,068.53. WHEREAS, the following bids were received for the above mentioned Street Light Replacement on August 20, 1985. 59 EA. FURNISH 11 EA. FURNISH TOTAL BIDDER h INSTALL ONLY Air Tek, Inc. $57,067.75 $8,778.00 $65,845.75 City Electric 49,068.53 8,820.02 57,888.55 Hallco, Inc. 55,530.00 7,370.00 62,900.00 Triad Electric 55,637.00 8,899.00 64,536.00 Torvik Electric 64,605.00 8,405.10 73,010.10 WHEREAS, the Public Works Department's recommendation is to award only the 59 ea. Furnish 6 Install Street Lights portion of this bid, and WHEREAS, City Electric's bid of $49,068.53 for 59 ea. Furnish 6 Install Street Lights is the lowest responsible bid which meets the bid specifications, and WHEREAS, the recommendation from the Public Works Department is to award the bid to City Electric for the total amount of $499068.53 for 59 ea. Furnish & Install Street Lights, and WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that c awarding this contract to City Electric for the total amount of \� $49,068.53 for 59 ea. Furnish 6 Install Street Lights is in the beat interest of the City. J :n i , It NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Street Light Replacement be awarded to City Electric for the total amount of $49,068.53 for 59 ea. Furnish & Install Street Lights. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. ATTEST: TOM WAGONER, MAYOr 39net Whelan, City Clerk Approved by Finance: Written by Public WorlFs ta ii:.:iws-... K• .�1�-�..Ji• C:iMn.r. ,s ._ _ «�+t. _ - a.-► �-.�.... ir.-�.:........ --. __ -_.a:.ea... Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-85 A RESOLU TION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR STREET LIGHT REPLACEMENT TO FOR THE TOTAL AMOUNT OF I WHEREAS, the following bids were received for the above mentioned Street Light Replacement on August 20, 1985. Bidder Bid Price j WHEREAS, Is bid of s the lowest responsible bid which meets e Bid speciFications, and WHEREAS, the recommendation from the Public Works Department is • � I to award the bid to for the total amount of WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to for the total amount of is in the best interest of the City. , NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Street Light Replacement be awarded to for the total amount of i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of Augilst, 1985. 4 & JOM WAGONER, MAYOR ATTESTS l 3anet Whelan, City Clerk I� Approved by Finances Written by Public Wor&s - .F jj• J f' i i _` II P - 1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 7, 1985, 7s00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. there will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) 1. Roger Meeks - Green Strip in Old Town 2. Jan Hansen, Hansen Painting - Airport Runway Painting Project 3. Joe Langston, City Cab - Public Vehicle Commission C. PUBLIC HEARINGS 1. Ord. 964-84 - Increas. Rev/Appns - Aliak, McCollum, Cinderella, Fox, Princess, Linwood Ext (M.A.P.) - $650,000 2. Ord. 1063-85 - Amending KMC - Written Notice of Appeal with Expense Fee Deposit 3. Ord. 1069-85 - Amending KMC - Establish Pay Ranges for City Manager, City Attorney, City Clerk 4. Ord. 1070-85 - Incrsaa. Rev/Appns - Senior Citizens, Part Time Positions - $12,166 5. Ord. 1071-85 - Amending KMC - Delete Reference to Merit System for Pay Raises 6. Ord. 1072-85 - Increas. Rev/Appns - Cemetery Survey and Plat - $10,000 7. Ord. 1073-85 - Increas. Rev/Appns - Municipal Insurance Increase - $200,000 8. Ord. 1074-85 - Increas. Rev/Appns - Senior Citizens - $96,444 9. Ord. 1075-85 - Incrsaa. Rev/Appns - Senior Citizens - $3,357 10. Res. 85-79 - Confirming Assessment Roll - Stellar Dr. 11. Res. 85-80 - Transfer of Funds - Lake, Marine, Granite Pt. - $9,868 a. Change Order i2 - Main St. Loop, Lake, Marine, Granite Pt., FBO - $13,628.40 12. Res. 85-82 - Awarding of M.A.P. Project a. Approval of Award - Inspection, Testing 6 Surveying - M.A.P. Project 13. Res. 85-81 - Award of Airport Master Plan Update D. MINUTES 1. *Regular Meeting, July 17, 1985 E. CORRESPONDENCE 1. *Sen. Stevens - Cruise Ships 2. *R. Knapp, Commissioner -Alaska DOT - LSRAT Grant 3. *E. Andrews, Commissioner -Alaska Dept. of Administration - Municipal Grant Application 4. *Women's Resource 3 Crisis Center - Grant Conditions Adjustments F. OLD BUSINESS J � T I 0 G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1076-85 - Amending KMC - Taxicabs 4. •Ord. 1077-85 - Amending KMC - Landscape Review Board 5. •Ord. 1078-85 - Repealing KMC - Mobile Home Placements 6. •Ord. 1079-85 - Incress. Rev/Appns - Replacement of Street Lights 7. Ord. 1080-85 - Incress. Rev/Appns - Rood, Fire Hydrant Repairs - $220,000 8. Public Hearing, Ord. 1080-85 S. •Ord. 1081-85 - Amending Zoning Map - Kenai Original Townsite 9. Approval of Lease - Hertz Corp. 10. Lease Application - D. Asse, Baron Park S/D 11. Assignment of Lease - New Pines Corp, to Pace, Aleyeoks S/D 12. Terminal Lease - ERA Helicopters 13. Discussion - Airport Taxiway Guidance Signs 14. Discussion - Richfield Drive Road Improvements 15. Approval - F. Meyer Lease Application Development Plan IS. Discussion - Kalifornsky Fire Service Area (Borough Ord. 84-43) H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning 6 Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT W I O qr� 1 L KENAI CITY COUNCIL - REGULAR MEETING, MINUTES AUGUST 9, 1985, 7s00 PH KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Ackerly, Sally Bailie, Jose Hall, Ray Measles, Chris Monfor, John Wise, Tom Wagoner Absents None A-1 Agenda Approval a. Mayor Wagoner asked that item G-15 - F. Meyer Lease Application - be moved to B-4. b. City Manager Brighton asked that Marathon Rd/HEA Relocate - distributed this date - be discussed as item G-17. c. City Manager Brighton asked that Southcentral Lease Amendment - distributed this date - be discussed as Item G-18. �. Mayor Wagoner noted substitute Res. 85-81 (item C-13) was distributed this date. e. Clerk Whelan said that item G-11 - Assignment of Lease, New Pines to Pace, Aleyeska S/D - be deleted. Agenda was approved as amended. A-2 Consent Agenda Consent Agenda was approved by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Roger Meeks - Green Strip in Old Town Mr. Meeks was unable to attend the meeting. 8-2 Jan Hansen, Hansen Painting - Airport Runway Painting Project Jan Hansen, Hansen Painting, Box 632, Sterling. He is asking for an additional $7,125 to cover the remainder of material purchased. There will be no extra labor charge. He made a mistake. He has done work for the City before and has done a good job. The original bid was 513,895. Public Works Director Kornelis reported, the other bids were $22,000+ and $32,000+. Atty. Rogers asked if there was a bid bond. Public Works Director Kornelis replied no, it is not required under $50,000. Atty. Rogers sold this request could invite protest from the other bidders. Mr. Hansen explained he was on vacation when the bid woo awarded. When he got back, Airport Manager Ernst reviewed it with him. He ordered the material and took his chances. He had no choice. The manufacturer had to put in the order, it was the last order. Atty. Rogers said this is a bidder mistake, not the City's. He could perform as submitted, Council can consider awarding to the next bidder, or throw it all out and re -bid. Councilman Measles noted the 2nd bid is still higher than this one with adjustments. Atty. Rogers explained, the City would be in a position to open itself up to accusation of jury-rigged bids. Councilman Ackerly asked if it could be done this year if we went out to re -bid. Mr. Kornelis replied, it depends on how soon we got the paint. There would not be another order this year. Mayor Wagoner suggested the City could buy the paint from Mr. Hansen and bid the labor only. He noted last year FAA said we should get the striping done. Mr. Hansen said he was willing to sell the paint to the City. Mr. Kornelis said we would have to determine if this is sole source. k- KENAI CITY COUNCIL AUGUST 7, 1985 Page 2 MOTIONt Councilman Ackerly moved to re -bid the labor only portion of the airport striping, and direct Administration to purchase the paint from Mr. Hansen. Atty. Rogers asked Mr. Hansen if he was refusing to perform pursuant to bid. Mr. Hansen replied no. Atty. Rogers said there is no problem. Councilman Wise told Mr. Hansen he thought it was the feeling of Council that had he withdrawn, they would accede and would buy the paint. But he has to withdraw from the contract. Councilman Measles asked, what Is the difference between this and the other change orders the City gets? Atty. Rogers replied, change orders are not anticipated or are additional requests added. Councilmen Measles asked about change orders when engineers sis-calculate the amount of gravel to be moved, etc. Atty. Rogers replied, that is additional work to be done. Those people could be held accountable. Notion failed for lack of a second. Mr. Hanson said he would withdraw his bid, but he did not want to ruin his chances in the City in the future. Atty. Rogers said the fact that he claims he will not perform does not mean he cannot be forced to. On a re -bid, the prices will come in higher. Mayor Wagoner asked Mr. Hansen if he was told not to reject the bid. Mr. Hansen replied, he did the striping on the original contract. Since he made the error he asked Airport Manager Ernst if he could re -bid. He put the proposal together and brought it to Engineer LaShot. Mr. LaShot explained to him that they did not want to approach the Council that they would feel they were manipulating. Mr. Hansen said he would do the labor at no charge. Mr. LaShot said the best thing to do was to order the paint and go to the City. NOTION$ Councilman Ackerly moved, seconded by Councilman Wise, based on reection by Mr. Hansen, the City 1) purchase the paint and 2jret-bid the striping{ the work to be done in 1985. MOTION, ADDITIONS$ Councilman Ackerly, with consent of second, added to the motion, on the basis of his selling to get out of the contract, the City rescinds the contract awarded to him. Administration will verify sole source. VOTE (Poseed)s Yost Ackerly, Measles, Monfor, Wise, Wagoner No$ Sallie, Hall 8-3 Joe Langston, City Cab - Public Vehicle Commission Atty. Ted Carson, Box 1839, Soldotna, representing Joe Langston. He distributed material. He noted there is more material to come. In the material, there are histories of regulations studies by approximately 4 sources and the history of deregulation or regulation of taxis in Alaska. In Anchorage deregulation was proposed and declined. It was passed, a lawsuit is pending. Fairbanks deregulated in 1983 and regulated again in 1984. 8 cities were studied in the States, 4 have re -regulated after deregulating. With deregulating, ridership goes down, fares increase, there is an increase in complaints, opposition by visitor's bureaus, quality of equipment and drivers goes down, there is WI i +- •l�l.Mn ('il�r dig _ - _ � - . n R KENAI CITY COUNCIL AUGUST 7, 1985 Page 3 decrease in pay, increase in driver -related crimes, and there were no fare innovations. They have letters from local and Anchorage tourist -related industries. There is a DOT report questioning deregulating cabs. He has talked to Police Chief Ross, in the 3 years City Cab hoe been with Commanche Ent. there has been one complaint - that was for usinr. private plates, this wan corrected. City Cab is planning to buy 3 new cabs. They were beginning to show a profit. In the material is a lint of businesses in Kenai involved with City Cab. They do not see the need for further service and are satisfied with the service. The City has no exposure under anti-trust, they are not liable for damages. He requests 1) repeal Ord. 1054-85 and re-enact the old legislation{ and 2) If Council stops this legislation, they can review the material. He suggested a work shop. MOTION, Reconsiderations Councilman Wise moved, seconded by Councilman Measles, for reconsideration of Ord. 1054-85. Motion passed by unanimous consent. MOTION, Amendments Councilmen Wise moved, seconded by Councilman Measles, to extend the effective date of Ord. 1054-85 from Aug. 15, 1985 to Oct. 2, 1985. Motion passed unanimously by roll call vote. MOTION: Councilman Measles moved, seconded by Councilman Wise, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-4 Approval - F. Meyer Lease Application Development Plan Jerry Boysinger, Architect, Portland, Oregon. He introduced Jim Heitert, Store Design Manager, Portland, Oregon. Mr. Boysinger reviewed the proposal. They are proposing a 128,000 sq. ft. to 150,000 sq. ft. building. It will be full service, with 37 departments. Construction will begin as soon as possible, subject to weather. They would like to clear some of the vegetation this Fall, they could start construction in the Spring. They could open by Thanksgiving 1986. 130 to 170 People employed, all local. Their investment is $7 Million to $8 Million. It is not designed yet, but they promise quality similar to others done in recent years. The site is divided into 4 parcels. There would be tenant parcels: the tat is fast food, the 2nd is retail and a theater. They would have 2 entries. They do not know if further entries would be needed for the parcels. There will not be congestion on the highway. The parking lot will be a 90' layout for snow removal. There will be 700 parking spares, this would Accommodate a 150,000 sq. ft. area. The grading will be slightly above the existing grade. They will attempt to preserve as many trees as possible. They will have 12.7% landscaping and encourage that with the other parcels. The utilities are adequate, the storm drains are to a catch basin and out to a stream. The difference between the 2 plans as proposed are how it would develop into the City system. 1) a bridge over the green belt or 2) a street out the west end to Main St. too to the street Ii ht The would like the option of D 9 Y J a I ' r � � i j rr_s+ nI KENAI CITY COUNCIL AUGUST 7, 1985 Page 4 J doing one or the other as they develop. They are aware that if improvements are for just one property, the property owner must pay for improvements. Councilwoman Bailie asked if this would affect the fitness trail. Answer - no. Councilman Ackerly asked, by approving the , preliminary site plan, we are not locking into an easement on Granite Pt. and Beaver Loop? Answer - yes. Mayor Wagoner noted P&Z met at 6s00 PM this date and approved the concept. i MOTIONS Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the concept of the Fred Meyer lease. Motion passed by unanimous consent. C. PUBLIC HEARINGS C-1 Ord. 964-85-Incress. Rev/Appne - Allsk, McCollum, Cinderella, fox, Princess, Linwood Ext. (M.A.P.) - $650,000 MOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. NOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance with substitute as submitted in the packet. VOTE, Amendments Notion passed unanimously by roll call vote. PUBLIC COMMENTS 1. Rick Baldwin, Box 4210, Kenai. He thanked the Council for bringing it this far. At request of Council, finance Director Brown explained the money was appropriated a year ago for roads, this is additional. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-2 Ord. 1063-85 - Amending KMC - Written Notice of Appeal with Expense Fee Deposit NOf10Ns Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Atty. Rogers stated this creates different procedures for various types of appeals. He has reservations regarding passing and questions the need. Councilmen Wise noted the requirement that all appeals must be within 30 days is an addition. Atty. Rogers requested deferring action till the Sept. 4 meeting. . N KENAI CITY COUNCIL AUGUST 7, 1985 Page 5 MOTION, Tablet Councilman Ackerly moved, seconded by Councilman Wise, to table action on the ordinance till the Sept. 4, 1985 meeting. Notion passed unanimously by roll call vote. C-3 Ord. 1069-85 - Amending KMC - Establish Pay Ranges for City Manager, City Attorney, City Clerk MOtIONs Councilman Ackerly moved, seconded by Councilman Wise, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-4 Ord. 1070-85 - Increas. Rev/Appns. - Senior Citizens, Part Time Positions - $12,166 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Senior Citizen Coordinator Porter explained, these are Title 5 workers, 55 yrs. or older and untrained. There is no match required. Notion passed unanimously by roll call vote. C-5 Ord. 1071-85 - Amending KMC - Delete Reference to Merit System for Pay Raises MOTION$ Councilwoman Sallie moved, seconded by Councilman Measles, to adopt the ordinance. Thera was no public comment. MOTION, Amendments Councilman Wise moved, seconded by Councilman Hall, to amend the ordinance, 23.30.040 (a), line 4, change the word shall to should. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendeds Notion passed unanimously by roll call vote. C-6 Ord. 1072-85 - Increas. Rev/Appns, Cemetery Survey and Plat- $10,000 MOIIONt Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. j 5 KENAI CITY COUNCIL .AUGUST 7, 1985 Page 6 Notion passed unanimously by roll call vote. C-7 Ord. 1073-85 - Incress. Rev/Appno - Municipal Insurance Increase - $200,000 MOTION$ Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There seas no public comment. In response to a question, Finance Director Brown reported there was $120,000 budgeted. There is one coverage they do not have yet, but should have by the end of the week, back -dated to July 1. It does not leave the City in great liability. He will be looking at a solution to the problem, possibly self insurance or an umbrella with a large deductible. Motion passed unanimously by roll call vote. C-8 Ord. 1074-85 - Increac. Rev/Appno - Senior Citizens - $96,444 NOTION$ Councilman Ackerly moved, neeonded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-9 Ord. 1075-85 - Incress. Rev/Appns - Senior Citizens - $3,357 NOTION$ Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-10 Res. 85-79 - Confirming Assessment Roll - Stellar Or. NOTION$ Councilman Hall moved, seconded by Councilwoman Honfor, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-11 Res. 85-80 - Trans. of Funds - Lake, Marine, Granite Pt. - $9,868 a. Change Order /2 - Main St. Loop, Lake, Marine, Granite Pt., FBO - $13,628.40 MOTION$ Councilman Measles moved, seconded by Councilwoman Sallie, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. • l KENAI CITY COUNCIL AUGUST 7, 1985 Page 7 C-tta1 MOTIONi Councilwoman Bailie moved, seconded by Councilwoman Monfor, to approve the change order. Public Works Director Kornelis explained, the work has been done. It is to service lots on Main St. Loop. If they had not done it, they would have had to cut pavement later. He discussed this with City Manager Brighton. They proceeded under a forced account basis. this is in the contract. The patching work on Willow and Marine has been deleted. HEA cut them and they were to have the contractor do it. i Motion passed by unanimous consent. C-12 Res. 85-82 - Awarding of M.A.P. Project a. Approval of Award - Inspection, Testing h Surveying - - M.A.P. Project MOTIONS 1 Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the resolution. , PUBLIC COMMENTS �. a. Rick Baldwin, Box 4210, Kenai. He has a problem with the assessment rolls. 1) Added alternate 01 is in the project, it does not go by anyone's house. It is not appropriate for assessment. 2) The 4th WHEREAS, everybody agreed it would be better to do all. The concerns of a single owner should be addressed. I b. Ed Call, 1202 Lilac, Kenai. What priority was this on the capital improvements list? Mayor Wagoner replied It was the prior year, it had been partially funded. I+ Mr. Call noted his street has more tourists then all others put together. Many ask about the condition of the road and the fence. Public Works Director Kornells noted, the 4th WHEREAS. There is one individual on the line but it will require a lift station, it will cost $65,0OO. The City will review and may request deletion. It would be cheaper to put in a septic system for the individual. Notion passed by unanimous consent. C-12as NOTION: I Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve McLane 6 Assoc., Inc. construction, inspection, surveying, 6 testing proposal on the M.A.P. project for the Basic Bid plus Additive Alternates No. 1 to 4 for a total not -to -exceed cost of $183,35O. Motion passed by unanimous consent. C-13 Res. 85-51 - Award of Airport Halter Plan Update NOTIONS Councilman Ackerly moved, seconded by Councilman Hall, to adopt the resolution. 4 i ' KENAI CITY COUNCIL .AUGUST 7, 1985 P age 8 There was no public comment. MOTION, Amendments Councilmen Ackerly moved, seconded by Councilman Wise, to amend the resolution with substitute as submitted this date. VOTE, Amendments Notion passed by unanimous consent. Councilman Wise asked, how much of the $70,000 to covered by FAA? Airport Manager Ernst replied, FAA has said they will pick up 90%. VOTE, Main Motion so Amendeds Motion passed by unanimous consent. D. MINUTES D-1 Regular Meeting, July 17, 1985 Approved by Consent Agenda. E. CORRESPONDENCE E-1 Son. Stevens - Cruise Ships E-2 R. Knapp, Commissioner -Alaska DOT - LSR&T Grant E-3 E. Andrews, Commissioner -Alaska Dept. of Administration - Municipal Grant Application E-4 Women's Resource & Crisis Center - Grant Conditions Adjustments Approved by Consent Agenda F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the bills ae submitted. Notion passed by unanimous convent. G-2 Requisitions Exceeding $1,000 MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to approve the requisitione as submitted. Motion passed by unanimous consent. G-3 Ord. 1076.85 - Amending KMC - Taxicabs G-4 Ord. 1077-85 - Amending KMC - Landscape Review Board G-5 Ord. 1078-85 - Repealing KMC - Mobile Home Placements G-6 Ord. 1079-85 - Incress. Rev/Appns - Replacement of Street Lights Apperoved by Consent Agenda. n i r� � � I i KENAI CITY COUNCIL AUGUST 7, 1985 Page 9 G-7 Ord. 1080-85 - Increaa. Rev/Appno - Road, Fire Hydrant Repairs - $220,000 a. Public Hearing, Ord. 1080-85 MOTIONS Councilman Mine moved, seconded by Councilman Measles, to Introduce the ordinance. Councilman Wise said this is not what he requented. The people on Barebara Dr. have spoken to him about their street not being up-gradod. The Coyles had said it needs up -grading. The Cones have said gravel is needed. The City told him Council did not appropriate money to gravel. He spoke to Finance Director Brown and was told $25,000 was appropriated for repair and maintenance. He asked for $100,000 for grovel road repair. He called Mr. grown later for hydrant repair. This ordinance does not talk about gravel. NOTION, Amendments Councilman Wise moved, seconded by Councilman Measles, to amend the ordinance to add after the 2nd WHEREAS, "WHEREAS, numerous road@ need additional gravel, and..." Finance Director Brown explained, he spoke to Public Works Director Kornelia who said $200,000 rather then $100,000. If there is to be gravel, it should be under repair and maintenance. Councilman Wise said he asked for gravel for Barsbare and Candlelight to be put in the ordinance. Mayor Wagoner said the capital improvements list does not list Wildwood Dr., it will have to be redone in a few years. Councilwoman Bailie asked if the hydrant could be separated from the gravel portion of the ordinance. Public Works Director Kornelis explained, it will have to be moved. It is about 5 ft. from the building, it will undermine the building if it needs repair. Councilman Wise noted the hydrant has been inactive for 2 years. VOTE, Amendment (Paeeed)s Yess Hall, Measles, Monfor, Wise, Wagoner Not Ackerly, Sallie MOTION, Amendments Councilman Ackerly moved, seconded by Councilman Hall, to change the amount to $100,0001 $20,000 for repair to the fire hydrant, the balance to gravel purchase= and delete the asphalt. VOTE, Amendment (Passed): Yost Ackerly, Sailie, Hall, Monfor, Wine, Wagoner Not Measles Councilman Wise requested waiting till the Aug. 21 meeting for the 2nd reading. VOTE, Main Motion so Amendeds Motion passed unanimously by roll call vote. G-8 Ord. 1081-85 - Amending Zoning Map - Kenai Original lownsite Approved by Consent Agenda. - _A I` I t, i ' � 9 KENAI CITY COUNCIL AUGUST 7, 1985 Page 10 G-9 Approval of Lease - Hertz Corp. Atty. Rogers explained the City normally requires individual signatures, but Council can approve this waiver. MOTION, Councilman Wise moved, seconded by Councilman Measles, to approve a waiver of policy (for this request). VOTE (Possed)s Yost Railie, Hall, Measles, Monfor, Wise, Wagoner Not Ackerly G-10 Lease Application - D. Asse, Baron Pk. S/D MOTIONS Councilman Ackerly moved, seconded by Councilman Hall, to approve the application. Don Aase, Kenai. He is ready to start when the papers are ready. If Fred Meyer goes in, he may have to switch plane regarding the theatre. The schedule is 1987 for the retail and recreation section, depending on Fred Meyer. He has 2 people in the retail section that are "solid." If he can get 2 more he is ready. Phase 1 is the motel and bar, phase 2 is the theatre, phase 3 is the retail and recreation. Councilman Hail asked if these things would be incorporated into the lease. The amount of land ve the amount of development, is this the highest and best use? Mayor Wagoner replied, the lease requirements become part of the sale. Atty. Rogers noted phase 2 may be changed, if it is approved as submitted, there would have to be amendments. But he would have to complete phase 1. Motion passed unanimously by roll call vote. G-12 Terminal Lease - ERA Helicopters MOTION$ Councilmen Ackerly moved, seconded by Councilwoman Nonfat, to accept or extend to ERA Airlines, addtionai space for rental. PUBLIC COMMENTS a. Dave Baumeister, President -ERA, Anchorage. They are requesting additional ticket counter space. They have been told they cannot lease until they sign a certain form of lease agreement. They feel this document contains provisions that are not fair. AAI and Southcentral agree with them. It asks them to pay for wrongful acts of the airport•a employees and the City's employees. ERA is ready, willing and able to take reponsibility for their own mistakes. They are reluctant to pay for the mistakes of others. Their insurance carriers are reluctant to enter into this kind of arrangement. This is not a hypothetical problem. They are involved with a rope case and an airport grader accident in Anchorage where they are asked to assume responsibility. This leans puts an unfair risk on the lessee. They are negotiating with Anchorage airport that each party assume responsibility. Every airline in Anchorage agrees. Who pays the insurance premium is not the case. Whatever claims the insurance carrier pays on their behalf, their premiums increase. They would lose a 1 - s. KE.NAI CITY COUNCIL AUGUST 7, 1905 Pago 11 control over their loss history. It to better bunineos practice to share roeponaihility. It would promote eafsr operstions ss it Provides economin incentive. This approach has gained widespread acceptance. Why should ERA so lease@ he more at risk then a casual user? Atty. Rogers said he had rooeived the proposal from ERA and the City's insurance company has reviewed it. The City lion a 25% lnoreage in premiums, Soldatna is about 70% increase. He would attempt to minimise the rink to the City. If there In active negligence by a city, citing have been precluded from absolving themsolves. The City would pay for their own negligence. He will report at the next meeting after the lnaurano@ company has reported to him. The City will continue to operate under the tenancy at will. Mr. Baumeister sold he would hope there would be some Possibility that additional space will be part of the leasehold. Council ling a largo hammer, ERA has no other place to go. Atty. Rogers noted there had been an accident st the airport. The settlement costs did not go to the City. Under thin proposal, the City would have been burdened with 1/2 the coats. Councilman Ackerly asked, if the City loth them uos other epRce, will they have 2 different lessees? Atty. Rogers recommended eepRrate leagse with termination the some as the other lease. Mayor Wagoner Raked ERA, If at one time there woo a need for additional commuter service and they were sole owner (of additional counters), would they relinquish it so the City could sub -loses to another earrier7 Mr. Baumslator replied, their problem Is they have 90 pososngof planes now, they need 4 ticket counters. He would be amenable but would not want to if there was space available. VOTE$ Notion passad unanimously by roll call vote. C-13 Discussion - Airport Taxiway Guidance Signs Airport Manager Ernat reviewed the problem. DOT has said they are grant eligible. No action was taken on this Item. C-14 Disouoalon - Richfield Drive Road Improvements NOTION$ Councilman Ackerly moved, second9d by Councilwoman Rollie, to accept the offer to do Richfield Drive. Finance Director grown noted the money I@ not available. The money will come from Goneral fund or capital Improvement funds (if the community center is not approved). Mayon Wagoner noted this is a small part of the project, there are 4 residents on this road. Public Works Director Korneils noted it to a mud road at break-up. Notion pocend unanimously by roll cell vote. J G-16 Discussion - Kallfornsky fire Service Area (Borough Ord. 84-43) Mayor Wagoner asked if ehangen In Titiff 29 would nhongo the formation of service eresn. Atty, Roflnrn replied he did not know of any, Councilman Ankorly said the 4th WHEREAS. That woo not true (an attempted annexation has failed). Thin woo a State error, the City mode nn attempt, Atty. KENAI CITY COUNCIL 'AUGUST 7, 1985 Page 12 Rogers noted he had responded to the State and had received an apology. In the 4th WHEREAS, the vote wee not held. The State washed its hands of it, it is being picked up by the Borough. It will be on the Oct. 1 ballot. Councilman Ackerly suggested sending a letter to the Borough objecting to this item. lie added, the City to not pursuing annexation. Atty. Rogers said the City has been neutral except that they should vote. City Manager Brighton oaid, the 3rd WHEREAS, he did not know how they made the determination (that the residents do not want Incorporation). The City intends to pursue this with the Intent to give the residents self-determination if they want to be in the City. Mayor Wagoner said it is up to thoso people to carry the petition. The City does not want to be In the position of saying they want them to annex. Atty. Rogers noted some of the objectionable mntGr14l may be required to be stated before a service area can be formed. No action was taken on thio item. C-17 Marathon Rd/HEA Relocate Public Works Director Kornelio sold he to asking for authority for City Manager Brighton to sign a letter of agreement for $25,O00 cap to relocate Marathon power lines. HEA gave 7O% credit because they are improving the system. NOTION$ Councilman Wise moved, seconded by Councilman Ackerly, for approval of the letter from HEA. Notion passed by unanimous consent. Public Works Director Kornelis said, the 2nd item is street lights. HEA is looking into standard lights for all the Peninsula. The City will repair existing lights that are obsolete. They will work on a per light cost rather than meter. There is a problem that they have to go through APUC, it will be one year. Councilwoman Bailie asked if there wee any way the City could get placement of the poles this year. Mr. Kornelis replied it did not look like it, they want standardized poles. The small poles will be replaced with luminaries in subdivisions. VIP would have larger ones. They go to APUC once a year for rate changes and would present this at that time. Mayor Wagoner asked if they had a rate for yard lights that is non -metered. Mr. Kornelio explained, a yard light is on private property. Mayor Wagoner suggested they could time the yard light rate for one year to allow the City to get the polo* in. Mr. Kornelle noted the City could go on their own and contract, but it would require a meter. Mayor Wagoner said it would be $875 per meter. HEA to looking at doing away with existing motors. He suggested the school button stop at lighted stops. Mr. Kornelis said he got a list from B. Carver (school bus system) of 40 lights, he deleted 5 but added 12 for an annual coat of f40,00O. NOTION$ Councilman Ackerly moved, seconded by Councilwoman Bailie, to repair the lights in Woodland S/D, Redoubt S/D and Inlet Viewl approach HEA and sok if there to an intermediate arrangement that could be worked out excluding motor charge*. Notion passed unanimously by roll call vote. Mayor Wagoner suggested yard lights by homes that are near the bun ntopn. J s„ I 0 0 KENAI CITY COUNCIL AUGUST 7, 1985 Pago 13 Council agreed to the auggofition. G-18 Discussion - Southoentral Air Loans Amendment City Manager Brighton field P61 reviewed thin at 600 PM this date and recommended approval. The loans restricts them to tie -downs. They went permisolon to build a hanger on the lot. Mr. Brighton informed them they would pay a higher rate on their lease. MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, to approve the loons amendment. Motion panned by unanimouo conoont. ADDED ITEMt Community Center funding from Legislature Mayor Wagoner said he would like a work session to discuss this and have Atty. Rogers find out opinions regarding this. Rep. Navarre, Box E, Kenai. tie felt this woo not the real problem, it can be worked out. He has talked with Dept. of Administration and the Governor's office. There has been a i lack of communication and failure to act on communications. He spoke with the Atty. General's office, they will send copies of their opinions. It is a Superior Court, not Supreme Court opinion, that will sake a difference. When the Legislature appropriates money, everyone involved in the process attempted to get $3.5 Million for the community center. The Governor's office asked for priority lists. There was not enough money for any city to have their i1 priority. With >j2.4 Million appropriated, the Legislature was not sure if the city wanted it for a community center. They wanted to allow that discretion for the City. All Involved were aware of the list. The Governor's office said when they vetoed $100,000 from projects, it was symbolic, they were vetoing the "projects" portion. They cannot do this. The Commissioner of Administration said this was booed on back-up regarding capital projects. they either lost the back-up or did not get all of it. They had one sheet of paper to work with, it sold $2.4 Million for rondo and projects only. He is booing his opinion on common sense, this does not always apply. He should have a "semi -ties" answer by Aug. 21. Mayor Wagoner said when he talked to the Atty. General and the Governor, he was told the Governor could reduce line items but cannot strike out wording. They do not deal with back-up, but with a list. The Governor said "projects" was too vague. Mayor Wagoner said he did not think the State would let the City use the money for that project. He talked to the Governor's assistant to see if there woo an appeal process, the only one is a lawsuit. The City could not win on that. Councilman Ackerly noted if Mayor Wagoner to right, the priorities are set. The City will have to fight again next year. The City should encourage their legislators to vote against Sualtna. Rep. Navarre said there has boon no opinion from the Attorney General's office. J KENAI CITY COUNCIL. 'AUGUST 7, 1984 Page 14 H. REPORTS H-1 City Manager a. City Msnagnr Brighton said the State Raoource Development Committee will have oenoiono Aug. 9 at the Kenai Borough building. He invited the Council to attend. H-2 Attorney None H-3 Mayor None H-4 City Clerk Clerk Whelan opoke. s. Res. 84-72 commending the Vets Center for the memorial. Mr. Richards has requested the name Brad Bradney be changed to Steve Richards. Council took no action. b. Council will sit as a Board of Adjuatment at 700 PM, August 21, 1965 to beer appeal by Dowling Rice 6 Amoco. _ on P&I decision regarding townhouse construction. c. Sen. Murkowski will be in Kenai Aug. 23, Council to invited to attend a meeting with him. d. APOC will be having hearings on amendments Aug. 22 in Anchorage. Council is invited to submit opinions. Clerk Whelan say attend the hearings. o. Petitions are available till Aug. 15 at the Clark's office for Council seats for the Oct. 1 election. f. If there is anyone that wishes to submit a Charter amendment to the voters at the Oct. 1 election, the resolution must be submitted at the Aug. 21 meeting. g. Mason's Manual of Legislative Procedure MOTION$ Councilman Ackerly moved to adopt Mason's Manual for this Council. Notion failed for lack of a second. H-s finance Director None H-6 Planning 6 Zoning None H-7 Harbor Commission Mayor Wagoner osid there would he a meeting Aug. 13. H-8 Recreation Commission s. Councilman Ackerly reported DEC han givan permission to clear the Section 36 land for a softball field. They would like to proceed with asoding, leveling, etc. They hove $16,000 for thin. b. Public Works Director Kornelta noted the cemetery report (info 034). r 9 f .. KENA1 CITY COUNCIL AUGUST 7, 1985 Page 15 s. (contd) City Manager Brighton asked for Council approval for the Section 36 land. Council agreed to the requeut. H-9 Library Commission None H-8 Recreation Commission (Sect. 34 Softball field) (contd)s Public Works Director Kornelio naked if Council wished him to haul soil, etc. Councilman Ackorly said he wan to make the determination. Mayor Wagoner noted there would not be a fence, it would be just it practice field. Councilman Ackerly added there would be little or no top soil needed. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Ed Call, 1202 Lilac, Kenai. Regarding the Civic Center and road money. Mayor Wagoner has said Council voted 01 priority on the Center. The public opinion poll said it woo the bottom of the list. Council turned it around, that Is not right. Mayor Wagoner explained Council set their priorities before the poll was taken. Mr. Call noted the public thinks it was the other way. b. Ed Call, 1202 Lilac, Kenai. The Supreme Court decision regarding Anchorage and cloned sessions. The Supreme Court said you cannot have closed sessions. The City of Kenai did on the trailer ordinance. Mayor Wagoner stated there were no closed sessions. Mr. Cali said it wan not announced at the next meeting, it was panned at the name meeting. Mayor Wagoner requested Clerk Whelan furnish the minutes of the meetings to Mr. Call regarding the trailer ordinance. He added it was discussed at Introduction and 2 weeks later at public hearing. Mr. Coll said P61 recommended one way and it was voted an at one meeting of Council. He did not think the trailer ord. was right. It may hurt more people then Council thinks. Councilman Wise said P&Z passed a resolution with a recommendation to Council. The ordinance was introduced that did not ban trailers. The 2nd hearing was to not have trailers anyplace in the City. The 2nd reading makes it final. It was amended on the 2nd reading, but not announced. o. Public Works Director Kornelie reported they are doing work on a leaking main on Bumblebee. They had to do repair with a large back hoe and paid for it with a forced account. It will be at the Aug. 21 meeting. It was not part of the contract. d. City Manager Brighton asked if Council was still strong about the Community Center. Rep. Navarre would like to be assured that this is the feeling of Council. Council agreed that the emphosie has not changed. e. Councilwoman 9211ke said she would not be here for the Aug. 21 meeting. f. David McKeehnio, 925 Ames, Kenai. Regarding the Community Center. 11e felt it was the wrong decision. He did not support it now and never has supported it. He lives on a road that does not exist. His access is limited bncouse there is a 30 ft. garage in the road. He had no t.bjertion to the people building tho garage, but he wondered when he will have a road. Now the Council says the City does not need more roads, that the roads are fine, Mayor Wagoner explained, the City Is not in the business of building roads just because they are platted, Mr. McKechnie said the City has approved the engineering of S. Ames Rd. Public works E KENAI CITY COUNCIL AUGUST 7, 1985 Page 16 Director Kornalio said it is 06 on the priority list. The people at tho and of Ames St. petitioned and said they would give right of way. There is a plot but no rood. This to common, the City hoe many that are waiting to be built. Mr. McKechnio said the City hoe maintained the road for 25 years. The City has approved the fact that he no longer has a rood. The City roads are net in that great condition. The business people may feel they need the Center to sell beds, let there build the Canter. The City should use the money to build roads. Councilwoman Monfor said she wished people would come to public hearings. Mr. McKechnio said he was not aware of the hearings. Councilwoman Monfor noted there were 12 hearings. Mr. McKechnio explained he is not always here. Councilwoman Monfor suggested he could send a letter to Council. Mr. NoXechnis noted the poll listed it last and Council did it anyway. ADJOURNMENTr Meeting adjourned at 11s20 PM. Janet Whelan City Clerk i 7� CITY OF SEWARD P.O. 80% 167 SEWARD, ALASKA 99664 iI • Main Office'(907) 224-3331 • Police (907) 224.3338 • Harbor (907) 224.3138 • Fire (907) 224.3445 • 7elecopier (907) 224.3248 July 08, 1985 TOM WAGONER MAYOR, CITY OF KENAI 210 Fidalgo LZ Kenai, Alaska 99611 a WINTER SPORTS SITE At the regular meeting of May 29, 1985, the Seward City Council approved Resolution No. 85-60 which requests the Chugach National Forest to pursue the development of a winter sports site within the Chugach National Forest. The City of Seward would welcome such a development as it would mean a boost to the tourist industry on the Peninsula during winter mouths. If you foresee that a recreation development would benefit your area, a letter of support to the Chugach National Forest is encouraged. A copy of the recreation site selection study is available through the Chugach National Forest office in Anchorage. CITY OF SEWARD, ALASKA i CHRISTY AUDETTE DEPUTY CITY CLERK �I ,I, l �. Enclosure c F .t I ! I i Ca C 1 - CITY OF SEWARD, ALASKA RESOLUTION NO. 85-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, IN SUPPORT OF DEVELOPING A WINTER -SPORTS SITE WITHIN THE CHUGACH NATIONAL FOREST WHEREAS, many Peninsula residents and merchants would benefit from the development of a winter -sports site within the Chugach National Forest; and WHEREAS, the U.S. Forest Service recently completed a socioeconomic assesment of the effects of developing a winter -sports site within the Chugach National Forest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Chugach National Forest is respecfully requested to pursue the development of a winter -sports site within the Chugach National Forest. Section 2. Copies of this resolution shall be sent to other Kenai Peninsula communities. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 29th day of May , 19 85 . THE CITY OF SEWARD, ALASKA DOMAW W. CRIPPS, MAYOR AYES: CRIPPS, GILLESPIE, HILTON. MEEHAN. SCHOLL, SIMUTIS & WILLIAMS NOES: NONE ABSENT: NONE ABSTAIN: NONE /I d!jA we�Cyl.�� 1 �r ryO,cl�Fpl <. -1- I � 3 rC r Q 0 P.O. Box 1883 Kenai, AK 99611 �y6189tOq? : August 13, 1985 City Council of Kenai J�p Kenai, Alaska `29�'Sz Dv £Z ZZ`2 TO THE CITY COUNCIL: On July 3, 1985, the council passed Resolution No. 85-729 commending the Vet Center for their efforts in obtaining the Viet Nam Veterans Memorial replica and bringing it to the Kenai. This resolution was received with appreciation by the Vet Center staff and volunteers, and was displayed so all who came to the Vet Center could see it. There is, however, one small error, and that is that Mr. Brad Bradney is not now, nor has he ever been, a staff'member of the Vet Center. He was acting chairman of the Vietnam Veterans of Alaska, Kenai Peninsula, Inc. It is not appropriate to state Mr. Bradney and the Vet Center in connection with each other. The Vet Center allowed the Vietnam Veterans of Alaska, KP, Inc. to use the facilities; they were however not part of the staff. It is true that the Vet Center did obtain the Memorial, but in order to do so, a non-profit corporation had to be formed. This non-profit organization was called the Vietnam Veterans of Alaska, KP, Inc, and other than getting it started. the Vet Center to not pert of this organization. Nor is the WA, KP, Inc. part of the Vet Center. Please correct Resolution 85-72 to reflect the organization and persons you may wish to commend. Thank you for your attention to this matter, I am, Sincerely, ."0 Steven B. Richards Kenai Peninsula Vet Center vca ti i � c Suggested by: Councilman Wise CITY OF KENAI RESOLUTION NO. 85-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, COMMENDING THE KENAI VET CENTER FOR THEIR EFFORTS IN OBTAINING AND DISPLAYING THE ONE-HALF SCALE MODEL VIETNAM VETERANS MEMORIAL IN THE CITY OF KENAI. WHEREAS, the Vietnam Veterans and the Kenai Vet Center were able to obtain the one-half scale model of the Vietnam Veterans Memorial for display in Kenai; and WHEREAS, the Memorial was in the City for a week, during which time many citizens of the City and other areas visited the Memorial and paid their respects to those who lost their lives in the Vietnam Conflict. , NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF �.-. KENAI, ALASKA that Mr. Brad Bradney and his associates at the Kenai Vet Center be commended for their efforts. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this third day of July, 1985. C_iL Zt Tom Wagoner, ayor ATTESTS Carol L. Freas, Deputy City Clerk R 17_ A vo 0 0 i P.O. Box 1883 Kenai, AK 99611 July 25, 1985 City Council of Kenai 210 Fidalgo `� w Kenai, AK 99611 'C>8e9�Mw i Dear Members of the City Council, I wish to express my appreciation for your Resolution No. 85-72. On behalf of the Vet Center and the volunteers who worked at the Memorial Replica to make it such a success, I thank you. I am, Sincerely, Steven B. Richards Kenai Peninsula Vet Center r i -r� r. r I` I VC-2 �• I ��YI/NI VIINIIJJJ\.I t!/ VVI{I{{{l.{4G � r✓ BOX 497 Kenai, Alaska 99611 (907) 283-7989 dg6TA3f�, .. August 9, 1985 112 co Honorable Tom Wagoner, Mayor �cSZ22�2�J CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Wagoner: The Greater Kenai Chamber of Commerce, in conjunction with the Congressional Delegation Office, cordially invites you and the members of your Council to a special luncheon Friday, August 23rd at the Kenai Elks Lodge in honor of Senator Frank Murkowski. The Senator will be visiting the Peninsula on that date and has requested a joint meeting of civic and business leaders of our communities. Please call the Kenai Chamber (283-7989) and advise the number of persons attending from your organization. We shall look forward to seeing you on the 23rd at the Kenai Elks Lodgel o rly, Manager PAYMENTS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 8/21/85 I VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PO�y FOR APPROVAL: Kodiak Contractors Pay Est. No.3 CP-Airport Apron Conatruction 347,888.37 I Central Alaska Construction Pay Eat. No.4 CP-Standard, Rich. Construction 17,584.26 Comanche Corp. Puy Est. No.S CP-Lake, Etc. Construction 419,362.46 FOR RATIFICATIONS Walter$ b Olson Hi$c. City Insurance Non -Departmental Insurance 67,109.25 Seattle Trust 6 Savings Debt Service 1967 Debt Service Principal 50,000.00 Debt Service 1967 Debt Service Interest 22,735.00 Debt Service 1967 Debt Service Agent Fees 184.60 Chevron USA Gasoline Shop Operating Supplies 3,381.55 Blue Cross August Medical Insurance Various Health Insurance 17,529.00 Homer Electric July Electricity Usage Various Utilities 27,341.00 Easter Natural Gas July Natural Gas Usage Various Utilities 1,409.37 National Bank of Alaska TCD 8/9/85 Central Treasury Control Treasury 950,000.00 7.152 Int. I i i J REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL 8/21/85 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AM UNT Peninsula Pence Co. Roast 6 Repair Airport Ponco Airport M 6 0 Beautification Repair 6 Maintenance Ropnir 6 Maintenance 2,500.00 3,155.90 at Cemetery N.C. Machinery 16 Pt. Moldboard Assembly for Shop Repair 6 Maint. Supplies 7,215.43 Grader Craig Taylor Equip. Bucket Adapter for Loader Shop Repair 6 Maint. Supplies 1,431.25 Nicks Ironworks Lid for Sower Manhold at STP STP Repair 6 Maint. Supplies 1,650.00 Glacier State Tolophona Moving 6 Installation of CP-Polica Addn. Conatruction 1,512.00 Dispatch Console NVS Systsaw 16= Projector 6 Speaker Police Machinery 6 Equipment 1,090.00 i i o 7 i k i V_ -.3 Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1082-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE STANDARD DRIVE AND THOMPSON PLACE CAPITAL PROJECT FUND BY $840160 TO ADD RICHFIELD DRIVE TO THE PROJECT. WHEREAS, the City desires to add Richfield Drive to the Standard Drive and Thompson Place road construction project; and WHEREAS, the City has received cost estimates from the contractor and the engineer to perform this work; and WHEREAS, monies are available in the General Fund Capital Improvement Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increase in estimated revenues and appropriations be modes General Fund ncreasa Estimated Revenues: Appropriation of Capital Improvement Reserve $84,160 Increase Appropriations: Non -Departmental - Transfers 984.160 Standard, Richfield, Thompson Place Capital Project increase Estimated Revenuess Transfer from General Fund 184.160 Increase Appropriations Inspection $16,200 Construction 67,960 184.16 1 i I I ( I I J i r . • .... a'• -Mara• � ,. we.w'�M..F'.n1r�-+..•r{ .�__ . �.yJ� il {'I PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of August, 1985. TOM WAGONER, MAYOR ATTESTS 3anet Whelan# City Clerk Approved by Finances eQd 6/15/85 First Readings August 21, 1985 Second Readings August 21, 1985 Effective Dates August 21, 1985 P4 l 11 � R . { I l I i ram:.:.. •� C.6. sent to A oil ,> G.,077-Approved by nn �•� CN A N G E 0 R 0 ER N0: i e•�SG ' Proj'Qct"',,5TANDARD DRIVE THOMPSON PLACE Initiation Date AUG. 14, 1985 - Contractor- CENTRAL ALASKA CONSTRUCTION City of Kenai Y044e hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 201 USEABLE EXCAVATION - + 2142 CUBIC YARDS @ 4.001C.Y. 8568.00 ' 202 UNUSEABLE EXCAVATION - +300 CU81C YARDS @ 2.75/C.Y. 825.00 203 TYPE I CLASSIFIED 00, FILL & BACKFILL - +1582 CUBIC YARDS @ 9.50/C.Y. 15,029.00 204 TYPE III CLASSIFIED FILL & BACKFILL - +5180 CUBIC YARDS 0 6.00/C.Y. 31,080.00 ," 502 15" DIA. CMP CULVERT / 14 GAUGE GALV. STEEL- +138 LINEAL FEET @ 16.00/L.F. 2208.00 -,o' 503 18" DIA. CMP CULVERT 011 14 GAUGE GALV. STEEL-+1(Q LINEAL FEET @ 20.00/L.F. fug WU%1L clinG L_ Ath OF �'iL:kr 200.00 City ntgr. - r. 0 AttoMy ubik works City Cink 6 Ftna,�C-eI Orhkrai to SubmittO B. COunoil OK ON* QYes � Ck� Net change in contract g price due to this C.O. 6 CHANGE IN CONTRACT TIME Original Time 90 DAYS Previous C.O.s 0 This Change Order 30 DAYS Revised Contract Time170 DAY% CHANGE IN CONTRACT AMOUNT Original Contract Amount 17Ag�g 5� ✓ Previous Change Orders 0 This Change Order +67,960.00t/ Revised Contract Amount _246,888.50 ''i' (Attached) (Above) is full justification of each item on this C.O. including its effect on operation and maintenance costs. This C.O. is not valid until signed by both th Ownar and i))gineer. Kenai City Council has to approve all C A.%. ContractoL'0 signature indicates his agreement forowit including any dlljustment in the Contract sum or Contract time. .11 B � : RY � ''7_ •�-- gi eer a By Date , ate / �.5 wner Date s- E } r C.U. sent to on Page 2 of 3' I` C.O. approved by on CHANGE ORDER NO: Project STANDARD DR►vE THOMPSON PLACE Initiation Date AUG. 14, 1985 Contractor CENTRAL ALASKA CONSTRUCTION City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: 7 Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 901 /. APPROACHES + 5 EACH ® 60.00/EACH 300.00 902 EXISTING UTILITIES IN CONSTRUCTION ZONE + PER LUMP SUM 8500.00 903 FURNISH AND INSTALL POST AND SIGN + 5 EACH ® 150.00/ EACH 750.00 -** 905 RELOCATE EXISTING POST i OFFICE CLUSTER BOX + 1 EACH ® 500.00/EACH 500.00 -1, Net change in contract price due to this C.O. CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT f y 1 � (Attached) (Above) is full justification of each item on this C.O. Including its effect on operation and maintenance costs. This C.O. is not valid until signed by both the Owner and i.riglneer. Kenai City Council has to approve all C.O.s. ` �i Contractor's signature indicates his agreement her ith, including any adjustment in the Contract sum or Contract time. i Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount By Date - g ,eer uY By wner Date ont actor Date A/�; 0000r I ..71 �i J I'ago 3 o f 3 Project Standard Drive - Thompson Place A complete explanation and justification of each item listed on this Change Order including its effect on the operation and maintenance costs is below. The attached change order reflects the approximate quantity adjustments necessary to construct Richfield Drive. Final quantities will be calculated as provided for in the contract documents it ,I J , I WIN["F • rnRTWr-1 1 . noven►.r •r.• r v v � CONSULTING ENGINEERS P O sox 1041 907.7E3.4677 AA KENAI. ALASKA ,r 99611 IN" LHF1BtD yvQV1:f rM1� , rGS pOLWV' ' M Cr— 3 c.... CITY OF KENAI PUBLIC WORK DEPARTME 210 F I DALGO KENAI, ALASKA 99611 ATTENTION: KEITH KORNELIS SUBJECT: STANDARD DR.-THOMPSON PLACE CONSTRUCTION PROPOSED RICHFIELD DRIVE ADDITION PURSUANT TO YOUR VERBAL REOUEST, WE HEREWITH SUBMIT THIS ESTIMATE OF ENGINEERING SERVICES NECESSARY TO MODIFY PLANS AND INSPECT THE PROPOSED RICHFIELD DRIVE ROAD IMPROVEMENTS IN ACCORDANCE WITH YOUR STANDARD REQUIREMENTS, DESIGN MODIFICATIONS PROFILE, QUANTITIES, TYPICAL SECTION ENGINEER 1 4 Has ® $55.50/HR 222.00 DRAFTING/TYPING 8 HRS 0 $30.00/HR 240.00 ENGINEER 1 16 HRS ®147.00/HR 55.50/HR 888.00 ENGINEER 111 30 HRS 0 1410.00 TECHNICIAN 140 HRS A $40.50/HR 5670.00 SURVEY 6470.00 TESTING TOTAL 16 WE PROPOSE TO PROVIDE THE ABOVE SERVICES IN CONJUNCTION WITH OUR SCHEDULE OF RATES AND CHARGES IN AFFECT AS PART OF THE I� I STANDARD DRIVE PROJECT. IF YOU HAVE ANY QUESTIONS, PLEADE CONTACT OUR OFFICE AT YOUR EARLIEST CONVEN 1 ENCE e VERY TRULY YOURS, WINCE COR HELL-SRSYON �A , - V H I L I P BRYSON V Philip W $,y,on P E Alen N Cerrhell / E .'t i i,enh W Winee ► E r , i V !' I i I . V Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1083-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, . INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN A NEW CAPITAL PROJECT FUND ENTITLED "WOMEN'S RESOURCE CENTER" BY $50,000 AS A RESULT OF A GRANT FROM THE STATE OF ALASKA. ; WHEREAS, the State of Alaska has awarded a grant in the amount of ` $509000 to the City of Kenai as a "pass through grant" for the Women's Resource and Crisis Center. i NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increase in estimated revenues and appropriations be mades Women's Resource Center Capital Project Fund Increase Estimated Revenuess State Grant #3/86-306 $509000 - Increase Appropristiones ! r� -� Construction and Furnishing $509000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st .A day of August, 1985. TOM WAGONER, MAYOR ATTESTs 1 ,JI ' 11Janet Whelanp City Clerk ! 'r 11 First Readings August 21, 1985 Second Readings August 21, 1985 Effective Dates August 21, 1985 8/15/85Approved by Finances eZA IN J 7. , MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director DATES August 14, 1985 SUBJECT: Ordinance Appropriating Women's Resource Center Grant The $50,000 grant was received from the State of Alaska on Aug. S, 1985, after the last packet was prepared (for the August 7 Council meeting). It is my understanding that the Women's Resource Center will be submitting invoices for payment to be approved at the August 21 Council Meeting. In order to accommodate them, I am asking that the Council introduce and adopt the Ordinance at the the August 21, 1985 Council Meeting. I s J I •, 1' 1 I t� 1 EIIIIIII Ali Zt I V. heienAa 4 ti Am llon?le, A 14 Ab A.- 'w": 4"e- ee or, fill? Cou..CIL F.jj.'jJliG CFk.,AI-K C'f CN% Ck — — yI r-� Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1084-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $30081.36, AND TRANSFERRING $1,928.46 IN THE WALKER EXTENSION CAPITAL PROJECT. WHEREAS, the City has received a final pay request from the contractor on Walker Extension that exceeds the construction budget by $5,0109.82; and, WHEREAS, the City can transfer $1,928.46 from other accounts in this fund; and WHEREAS, the additional $3,081.36 may be provided by the General Fund Capital Improvement Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases (decreases) in estimated revenues and appropriations be made: General Fund ncrease Estimated Revenuess Appropriation of Capital Improvement Reserve 53.0� 6 Increase Appropriations: Non -Departmental - Transfers S3,081,56 Walker Extension Capital Protect Fund Increase Estimated Revenues: Transfer from General Fund $3,081.36 Increase (decrease) Appropriations: Administration $< 341.46> Construction 5,009.82 Contingency 0,587.00 8 M 14 I � 1 I ...r,.•,. ....A.r... .,. .,;,�._:., .., f:., a nxt o. —. ... r. .. .. .-._or Ta-.nw.:-s._.,r., ...-..�q�.. ..L.. ,. - - - b.w..i. �4 S. t,, 7 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of September, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings August 21, 1985 Second Readings September 4, 1985 Effective Oates September 4, 1985 Approved by Finances Cq-4 8/16/86 I , N w .. if rr -- -- --- - -- ,o Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1085-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1985-86 "KENAI SENIOR CITIZEN'S PROJECT" BY $1,135. WHEREAS, the State of Alaska has awarded the City of Kenai a isupplemental training grant in the amount of $965; and, WHEREAS, the City's required match consists of $170 cash support; and WHEREAS, the intent in applying for this grant was so that the Project Director can attend a workshop offered by the American Society on Aging. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues p 1 and appropriations be mades General Fund ncrease Estimated Revenuess Appropriation of Fund Balance 1 170 Increase Appropriationss Non -Departmental - Transfers Out 1 170 Kenai Senior Citizens �- Increase st mated Revenuess State Grant $ 965 Transfer From General Fund 170 Increase Appropriations: Access Services s +}� Transportation $10010 Miscellaneous 125 ' I i t i i., ya 4 -o i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of September, 1985. TOM WAGONER, MAYOR AliEST1 3snet Whelanp City Clerk First Readings August 21, 1985 Second Readings September 4, 1985 Effective Dates September 4, 1985 Approved by Finances r4g 8/16/85 i I �I I - r j 1 r' f. 1 ! - • ' rI 1 I 1 I I I i J • J I 1 j 1 I 1 „ i 0 J G-- S CITY OF KENAI %Od Oapdai aj 4" 910 FIDAL00 KONAt, AUWKA M11 TEM140NI M- MG August 15, 1985 MEMORANDUM TOs Mayor Wagoner and Kenai City Council FROM: Dana Gerstlauer, Administrative Assistant wa RE: Roberts and Engen Lease - Swenor's Specialty iubel Vet Center Expansion - Lot 6, Block 1, Gusty Sub. The referenced lessees have submitted the attached letter and drawings requesting modification to their present building. The proposed expansion will not change the use specified in their lease, which is for restaurant and office space. The Planning & Zoning Commission reviewed the proposed construction plans at their August 14, 1985 meeting and unanimously approved the plans, contingent upon the staff clarifying the setback requirements. NOTE: This property is situated in the General Commercial zone which does not require building setbacks, other than the front setback from the Spur Highway. According to the submitted plans, the lessee has met this setback requirement. i J { 1 I � r C Dan Uer4s PO Box 4174 Kenai, AK 99611 August 5, 1985 Q b 3 • (I qLl b City of Kenai Planning & Zoning 210 Fidalgo Kenai, AK 99611 Dear Sir: R.E.s Request for remodeling permit for the subject property enclosed. Sincerely, Dan Roberts DR/ldr Gusty Subdivision Lot 6 Blk I SubJect O1 Vet Center Addition: 24 ft. x 36 ft. Dimensions: 24 ft. x 36 ft. Footage: 16" x 8" concrete with 32" x 42" concrete blocks Structure: Wood frame, 2 x 4 walls Sidings Wood One level with crawl space; Base board heat, boiler existing SubJect #2 Small Restaurant Addition: Dimensions: 24 ft. x 36 ft. Footing: 16" x 8" concrete with 32" x 42" concrete blocks Structure: Wood frame, 2 x 4 walls Siding: Wood _= One level with crawl space; Base board heat with boiler, boiler to be `'=-- installed in crawl space with 5/8 sheet rock enclosure with adequate air ducts. is • I i s I CAR WASH t IOftwo— A� r M VHT I f hl. IAA i CENTER GHLV,q Y I li 1 C� Y till \ ti I IN r t It lT � Boll. r • in•.. e�1 . t�Tod +..sj. j �4 prZ. p•ra Ix N �w / 1 I � 1 I •OO••l li Oe w -.opa ." /'Orr Iwl _ POOlr.IN/ /�L IN ��lb eie.t CvJl7a arl/t wrr II Ynt r' I/I+Kd ITLc lrs .I lwrl Of OHwOlD) .• f l.t ?fr.14 .. /�r4•l� ttal �I•f o"t .. • • —a.ra I&Yr, , / r (,a�IrN QMI/{ iMtt Jr�r orb ✓.l OWN dow" �IM.rI l/I.ry "As/ tlsAt t c, i1~~NIi Mrfi . . �I t, If d x I• r 1 4jf f• t R i 1 f i . y Ok iAYNLrl171ON PLAN �psa lvris i PI4M i.r klv" J•I'r I'r rirl�W O OFF/ C 6 NW M� M a'w !'w rWw114 sw Soup oafs S2O S. or CONiERENGE iK S T ROOM rJv soup CM[ WWN 135 Air qs/lIIM of �cc 4 /�U►tvf rely zz:;Al, tt EX/ST/NG 1�e t tl tl 11 t IMa rllya AM!/F! iy , �I • so,-* aNAo I�. Iara/wl 8/1'Cox KY*Wo CAIAN I101WO ; !� 1wl�nrw� EX7ER/oR WALL _ .. 'i3 Lx4 covsT, coo a �✓r �p�( WiwpOwf Atl CAdLNINT ra .•f i P �11 1 r I e v w I ��/ �L � is / �' ,% �'. � .� �`� �• �/ ,� � ��f /� ..% DiFi�t �v 41 Q e.� �e *414-e4 mole O%P V I pf Fie.t C- v CITY OF KENAI "Oil eaadal of 41."0" 210 FIDALGO KENAI, ALASKA 90611 TELEPHONE 283.7636 August 15, 1985 MEMORANDUM -- TOs Kenai City Council ��..��{{���G FROMs Dana Gerstlauer, Administrative Assists"n-F I REs Kiana Development Lease Lot 29 Block 1, Cook Inlet Industrial Air Park The referenced lessee has requested an extension of the completion date of construction on the parking lot and landscaping to be placed on their leased lot. The original date of completion was November 30, 1984, and was extended on May 16, 1984 to August 18, 1985. The City has received the attached letter requesting an additional extension to December 31, 1986. At their August 14, 1985 meeting, the Kenai Advisory Planning and Zoning Commission unanimously approved the requested extension. I I �I � 1 J. �6 z J 4 1 1) M y •xi.r �t•.1 ..y. r.,r.--. Ix KIANA DEVELOPMENT Box 1022 Kenai, Alaska 99611 August 5, 1985 "A001985 AEC1;iYED CITY ADMIN. CITV-OFKWII,; City of Kenai 210 Fidalgo Kenai, Alaska 99611 i RE: Lot 2, BIock 1, Cook Inlet Industrial Air Park ATTN: Dana M. Gerstlauer, Administrative Assistant � Gentlemen: Delays by the State of Alaska have resulted in corresponding I construction delays on our Kiana Building project, of which Lot 2 f referenced above is a part. Consequently, we would like to request 1 q 1 an extention of completion date to December 31, 1986. Your assistance with this matter would be appreciated. Very truly yours, I K ANA ELOPMEHT W. M. Burnett Owner y . .. - CITY OF KENAI A6 I 210 FIDAL00 MAI, ALASKA �Mtt _ TEU PMON62N - 7535 August 159 1985 MEMORANDUM TOs Kenai City Council Assistant fic FROMs Dana Gerstlauer, Administrative REs Approval of Lease - Alaska Rent a Car (Avis) This lease is placed before you for consideration of approval with a $10,000 bond in lieu of individual signatures on the lease. Alaska Rent -a -Car is a closely held corporation and is unable to provide Form 1OK (Annual Report to Securities and Exchange Commission) for approval, such as the Hertz Corporation did. 1 7 n 4 r S/ I f• l: n Vt, I r- A I � 1 — - 1 f ,I SAFECO INSURANCE COMPANY OF !, �-CA GIN/RAL INSURANCE COMPANY OF •RICA FIRST NATIONAL INSURANCE COMPANY O/AMERICA KOMI OFFICE: SA/ECO PLAZA SEATTL/, WASHINGTON 98/69 Bond No. 5176771 KNOW ALL BY THESE PRESENTS, That we. ALASKA RENT -A -CAR, INC. dba AVIS RENT -A -CAR Anchorage, Alaska as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington. and authorized to transact the business of surety in the State of Alaska as Surety. are held and firmly bound unto CITY OF KENAI in the just and full sus of TEN THOUSAND AND NO/100ths ($10.000.00) DOLLARS, for which a=, well and truly to be paid. we bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 29 day of July, 1985 . THE CONDITION OF THIS OBLIGATION IS SUCH, That WNEREAS. ALASKA RENT -A -CAR, INC. dba AVIS RENT -A -CAR as Priniipal has entered Into a Rent-A-Car Agreement with the CITY OF KENAI, the Obliges. dated July 1st , 1985, for leas* of Airport Facilities from which to conduct a Rent-A-Car business on and from the CITY OF KENAI Airport. Said Lease, which commences July 1, 1985, by reference is made a part hereof. WHEREAS, said Rent-A-Car Lease Agreement requires the Principal to furnish a Surety bond in the amount of $20,000.00 dollars guaranteeing that the Principal will fulfill the term and conditions of the said Lease Agreement. NOW. THEREFORE, If the said Principal shall fulfill the terms and conditions set forth in said Lease Agreement then this obligation to be void otherwise to remain in full force and effect. PROVIDED, HOWEVER; That 1. The term of this bond shall be for the period of one (1) year booming on July 1. 1985 and ending June 30, 1986; and 2. Surety nay. at its sole option, continue this bond for periods of like duration by Continuation Certificate executed by its duly authorized Attorney -in -Fact; and 3. In no event shall the obligation of Surety hereunder exceed in the aggregate the amount heroin stated. regardless of the number of Continuation Certificates executed by Surety. 4. Surety may cancel this bond by giving the CITY OF K=1 sixty (60) days written notice. KAM RENT A CAR, INC. dba AT RENT-MCAR Ey SAF1W INSURANCE ANY 4F A►MICA Susan C. Brown. Attorney-ta-Fact 1?34 dT u 4p- Pit, CIA 410 Q+Gs�'Oi N 1 O¢4 1 �17 I I " I n SAFE C0 POWER OF SAFECO INSURANCE COMPANY OF AMERICA ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE. SAFECO PLAZA SEATTLE, WASHINGTON 98185 7352 No KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint -----------------------SUSAN C. BROWN, Redmond, Washington------- ---------------- -- its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA andGENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents � this 8th day of February CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. "Article V, Section 13, — FIDELITY AND SURETY BONO$ ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conterring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced, provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant swetary of the Company setting out, (i) The provisions of Article V, Section 13 of the Sy -Laws, and (10 A copy of the power -of -attorney appoimment, executed pursuant thereto, and (110 Cenifying that said power -of -attorney appointment is in full force and effect, the signature of the cenifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the 8y-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the BY -Lava, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of saw corporation N V this 29th day of July , 19 85. S474 as 9/e1 0*190w USA • •ram — -- ' 1 1' t� 1 1 LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into this day of , 1985, by and between the CITY OF KENAI,_ y Hall, 210E Ldolgo Street, Kenai, Alaska 99611, a home -ruled municipal corporation ' If Alaska, hereinafter called "City" � and d0 individually and ALASKA RENT A CAR;*/b/a , Aircraft Drive, Anchorage, Alaska 99503i, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaskai to wits Counter space, first floor, terminal building, Kenai Municipal Airport, as currently occupied A. PURPOSES The purpose for which the Lease is issued is$ Counter space for rental of vehicles and sales of -• , personal accident insurance, and for parking of rental cars j B. TERM: The term of this Lease is for 3 years, ' commencing on the lot day of July, 1985, to the 30th day of June, 1988. C. RENTAL PAYMENTS The rental specified herein shall be payable as followes 1. Right of entry and occupancy is authorized as of the lot day of July, 1985. , Rental for the period July 1, 1985 through June 1 30, 1986 shall be computed at $1.65 per square foot per month for 100 square feet of terminal space, for an annual fee of $2,079,00, including tax. If the annual rent exceeds $2,400, then the Lessee way opt at the ties of the execution hereof or at the beginning of sash now Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. The amounts of rents or fees specified herein shall be subject to increase based on the per square foot rate set by City Council effective July 1 of each year. 3. In addition to the rents specified above the Lessee agrees to pay to the appropriate parties all levies, - assessments, and charges as hereinafter provideds 4 ,,. � (a) Sales tax now enforced or levied in the future j computed upon rent payable in monthly installments 1 ' whether rent is paid on a monthly or yearly basis. i (b) Interest at the rate of eight percent (8%) per t annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or — -- before the date it becomes due. (c) Additional charges, if any as set forth TIMRoof" in Schedule A. attached. CFrV AnWWV I Cm OF 91" • o b. w. wrr. MAtAA w►� t xosn , LCA-1 ! LESSORS ! LESSEE: ! I n � I 1, TVA NOaON *W Anp4r WY OF Kb w roa.so W W. ALMA gal snn» D. GENERAL COVENANTSt 1. USES: Except as provided heroin, any regular use of lands orTacilitles without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking arena, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Solicitation of donations or the promotion or oporat ono any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City to prohibited. 3. ASSIGNMENT OR SUBLETTINGt Lessee with City's prior written consent, wh c w not a unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such asoignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Coats and expenses incident to this lease, including but not limited to, recording costa shall be paid by Lessee. 4. TREATMENT OF DEMISEs The Lessee agrees to keep the premises clean and in good order at its own expense, allowing no damsgs, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Leased will peaceably and quietly quit and surrender the premisesto the City. 6. PAYMENT OF RENTS Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDSt Building construction 9 all be neat and presen a e an compatible with its uses and surroundings. The cost of any additional improvements to the terminal space shall be at the lessee's expense. S. DEFAULT RIGHT OF ENTRYs Should default be made in the payment of any port ono the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after whicss if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. LEASE UTILIZATIONS Leased space shall be utilized for purposes within the scope of the application (made a part of this Lease and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. 10. CONDITION OF PREMISES: the premises demised herein are unimprovedan are ease on an "as is, where is" basis. LCA-2 LESSOR: LESSEES 1 � N I El I i l i i 11. OFFER 10 LEASE ACCEPTANCES The offer to lease ! to made subject o app ea on awa an regulations of Cltyy and may be withdrawn without notice at any time after thirty (3h days from submission thereof, unleas within such thirty (30) days the Losses executes and roturno the loans to the City. 12. UNDERLYING TITLES The Interests transferred, or conveyed by this Louse, are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGM1 OF INSPF.CTIONs City shall have the right at all reasonable times to en sr he prominent or any part thereof, for the purposes of inepeetion. 14. INDEMNIFICATION AND INSURANCES Lessee covenants to save the City harmless ram a ao ono, suites, liabilities, or damages resultinq from or arising out o/ any sots of commission or omission by the lessee, his agents, amployees, customers, invitoeat or arising from or out of the Lessee's occupation, or use of the premises demioed, or privilegoo granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alasko, in forms, kinds and amounts as determined and directed by the City for the protection of City and/or Lessee. Insurance requirement horeunder ahill be subject to the sole determination of the City. Said insurance may include, but need not be limited t r insurance coverages commonly known sot or similar in kind to, -- public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, bui deer risk, and such other insurance coverage as doomed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where possible name City as Additional Named Insured thereunder end shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event, Losses is not to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless Lessor under the provision# of thia agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Losses shall provide certificates of Insurance within thirty (30) days of the date hereof as followot Comprehensive General Liability Combined Single Limit (Bodily Tau MGM Injury and Property Damage) f 1,000,000 My OFx1tim Workmen's Compensation - Statutory limits .0 W.w .wr �usuww1 masr LCA-3 LESSOR LESSEES, y �i•, I I 4 I r' i 0 Tel =1i Gay AnpNlY cry OF xcNN .oa.wr 4N11. ALAWA wwl MrW Automobile Liability Combined Singlo Limit (Bodily Injur and Property Damage) 1,000,000 Aircraft Liability Public liability and property damage (combined with single limit) with no sub -limit for passenger liability $10,000,000 11otwithatanding anything to the contrary, if Lessee foils or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this Issue may be cancelled and terminated, without penalty, on five (S) days written prior notice to Leases. 15. COLLECTION ON UNPAID MONIESs Any or all rents, charges, fees, or other consideration w ch are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessoe and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 16. LEASE SUBORDINATE TO FINANCING REOUIREMENTSs Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. 17. SURRENDER ON TERMINATIONS Lessee shall, on the last day of the term of thro—T—easeor upon any earlier ter- mination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable weer and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lasses shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 18. RULESs Lessee shall observe, obey, and comply with all appllcabTrules, etc., of the State or Federal Governments. 19. AIRCRAFT OPERATIONS PROTECTEOs (a) There is hereby reserved to the City. its succesoors and Assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the promisee herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating an the Kenai Airport. 20. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paylnqq rent and performing other covenants, terms, and conditions oY this Lease, shall have the right to quietly and peacefully hold, LCA-4 LESSORS LESSEE: A 30 use, occupy, and enjoy the said Issued promloon, except that any • inconvenience costood byy public works projosto in or about the loaaehold promiaoo ahnll not be conotruod as a denial of the right of quiet or peaceable possession. 21. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and anoosomen s whicht during the term hereof may become a lien upon or which may Isvia d by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of Ito use or occupancy or the terms of this lease, provided however that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 22. SPECIAL SERVICESs Losses agrees to pay City a reasonable charge for any spec al services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 23. NO PARTNERSHIP OR JOINT VENTURE CREATED$ It is expressly under• oo a e y shall no o Cons rued or hold to be a partner or joint venturer of Lessee in the conduct of business on the demised premiaeal and it is expressly understood and :greed that the relationship between the parties hereto !a, and shall at all times remain landlord and tenant. 24. DEFAULT BANKRUPTCY ETC.s If the Losses shall make any assignmentor : ens o creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and . if the appointment of the receiver is not vacated within thirty, (30) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Losses, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 25. NONDISCRIHINATIONs The Lessee, for himself, his heirs, personal representatives, eu��easp�VeAP,i968tsRJ1egy"d ::signs, as a part of the consider• on s Covenant and agree as a covenant running with the land, thsts (a) No person on the grounds of race, Color, or national origin shall be excluded from participation In, denied the benefits of, or be otherwlae subjected to discrimination in the use of said facilities{ (b) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of roes, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lesson shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in -Federally -assisted Programs of the Department of Transportation - Effeetuation of Title VI of the Civil Rights Act of 1964, and as said Regulationo may be amended; (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the TslsOotaf provision of similar services or benefits, the Lesoe44 nn14 G�nor shall maintain and operate ouch facilities and services CnYOFKINA in compliance with all other requirements imposed '0$09W pursunant to Title 49, Code of Federal Regulations, ww.uv.w.�� Department of Transportation, Subtitle A, Office of the xn nw LCA-5 LESSOR: LESSEES r r � f` 6 Ts mOatAe tarArr L t9ri Of KINA1 to wow VOW. AIALArN0 xis•»w Secretary, Part 21, Nondiscrimination in Federally-oeelsted Progroms of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be smsndad. 26. PARTIAL INVALIDITY$ If any term, provision, condition, or part or thia-C-esoo is declared by a court of competent ,jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue In full force and effect as though ouch declaration was not made. 27. MODIFICATIONS: No lease may be modified orally or in any manner other an by an agreement in writing, signed by all portion in Interest or their successors in lntorest. Any such modification shall.require Council approval. 28. NARRANTYs The City does not warrant that the property which subject of this Lease is suited for the use authorized herein and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. 29. COMPLIANCE NITM LANSs Lessee shall comply with III applicable laws, or nanaes, and regulations of public authorities now or hereafter in any manner affecting the Issued premises or the sidewalks, alloys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and re ulations which may be hereafter snacted involve a change of policy on the part of the governmental body enecting the some. Less@• agrees to hold City financially harmleast (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) from all claims for damages on account of injuries, death, or property damage resulting from such violation. (e) Lessee further agrees it will not permit an unlawful oeeupatlon, business, or trade to be conducted on said premises or any use to be made thereof contrary to any low, ordina nos, or regulation as aforesaid with respect thereto, including zoning ordinances, rules, and regulations. 30. CARE OF PREMISESs Lessee, at its own cost and expense, shall keep the esss promises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire torn of this Lease. 31. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any 11#59 including, Out not limitedo, mechanics', laborers', or moterlslmen's liens obtainable or available under the then existing laws, to stand against the leased premiass or improvements for any labor or material furnished to Lessee or Claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska low and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will Immediately pay any judgement renderod with all proper coots and charges and shell have such lien roloosed or judgement satisfied at Lessee's own expense. LCA-6 LESSOR: (A} LESSEE: O F TW "can coy Afro"4V WY OF KINAI .aa.r .uYr. ALft" 4w1+ tans 32. CONDEMNATIONs In the event the leased premises or any part thereof+' shalt be condemned and taken for a public or a quasi -public use, then upon payment of any award or compensation arising from such condemnation, there shell be such division of the proceeds, ouch abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent and other adjustments are just and equitable, the dispute shall be determined by arbitration provided in Item 33 hereof. 33. SURRENDERs At the expiration of the term fixed or any sooner terTiTon of the Leese, the Lessee will peaceably and quietly quit and surrender the premises to the City. 34. PROTECTION Of SUBTENANTSs To protect the position of any su enan s) Fe—r—e—arFer properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, it successors and assigns, as Its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall rsoke full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subt"nor, with the same force and effect as though such sublease was originally made directly between the City and such subtenants and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 3$. SUCCESSORS IN INTERESTS This Lease shall be binding upon and shall nure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 36. GOVERNING LAMS This indenture of Lease shall be governed in all respects by the Iowa of the State of Alaska. 37. NOTICESs (a) Any notices required by this Lease shell be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post Office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the Cis notice of such mortgage, deed of trust, or security assignment. LCA-7 LESSOR s ,O�,�(_ LESSEE: �_ J i n— Y : I r� J J (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided ouch change of address is given to the other parties by the means outlined in parngraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 38. ENTRY AND RE-ENTRY: in the event that the Lease should be termina o as Brain a ore provided, or by summary proceedings or otherwise, or in the event that the deaiaed lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume poomeaelon of acid Lando or such part thereof, and remove all persona and property therefrom, either by 11ummary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 39. RETENTION OF RENTALS in the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 40. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge o any rear of the Lease by the Lessee, oe any default on the past of the Lessee in observance or perforsanee of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any conversant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the tight of the Lessor to enforce the some in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, of in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of soney or other consideration, unless so agreed to in writing and signed by the Lessor. 41. EXPIRATION Of LEASES Unless the Loses is renewed or sooner terminated as provided herein, the Lessee shall peaceably and quietly leave, surrender, and yield up unto the Lessor all of the leased land on or before the last day of the term of the lease. 42. FIRE PROTECTIONS The Lessee will take all reasonable precautions to prevent, and take all necessary action to supreme destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 43. MUTUAL CANCELLATIONS Lessee in good standing way be cancelled n whole or in part at any time upon mutual written agreement by Lessee and the City Council. 44. UNLAWFUL USE PROHI81TEDs Lessee shall not allow the leasehold premises D e use or an unlawful purpose. T{AXWEAS 45. APPROVAL OF OTHER AUTHORITIESs The issuance by us..rrorar the City of leases ors not re eve he Leseeo of responsibility CnvO►KIM$ of obtaining licensee or permits as may be required by duly •a�+r authorised Horough, State, or Federal agencies. .awr �ws+�wrii senor LCA-8 LESSORS LESSEE: I I I • V, 0 : I Tw nly htrCM AI . 0 *DX r .tqM ALAUA*w MIS,' m IN WITNESS WHEREOF, the partlon hereto have hereunto not their hands, the day and year stated in the individual acknowledgments below. LESSORt CITY OF KENAI By, William J. i ! ghton City Manager LESSEEt INDIVIDUALLYt ALASKA RENT A CAR, d/b/ AVI ENT A CAR Name By, f Title STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THL& 15 TO C RT FY that on the TT'� day o 1985, r , individus y as well s n s representative capacity, being personally known o m os having produced satisfactory evidence of identification, Sp eared befot me and acknowledged the voluntary and authorised execution of the foregoing instrument on behalf f said coeporation. XGUMPY Public for Alaska My Commission Expires: STATE OF ALASKA ) THIRD JUDICIAL DISTRICT )ss THIS IS 10 CERTIFY that on this day of , 1905, MILLIAM J. BRIGHTON, City Manager% the City o Kenai,' Alaska, being personally known to se or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorised execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expisest Approved as to Isaac foam by City Attorney a s Approved by Finanee Director , n a s Approved by City Manager nt a a LCA-9 LESSOR, LESSEE,_ i I �1 SCHEDULE A Lease dated the day of , 1985, betwann the CITY of KENAI, a home -rule municipTorporation o-Mioeka, hereinafter called "CITY" and ALASKA RENT A CAR, d/b/s AVIS RENT A CAR, LESSEE. 1. In addition to the rents specified an the per square foot basin LESSEE agrees to pay to the CITY an additional charge of ten percent (10%; of LESSEE'S gross receipts on a monthly basis for the privilege of conducting businesses authorized heroin. 2. Each vehicle for hire transnotion shall be by a separate agreement and any extension of use of the period of time originally contracted for shall be considered a separate transaction. The Contractor shall furnish to the Airport Manager, for auditing purposes, the block of contract numbers that will be used for agreements covering business originating at the Kenai Municipal Airport, and shall further advise the Airport Manager when addltional.contract numbers are assigned for the Airport operations. 3. Grose receipts of the vehicle for hire business shell include, but are not limited to, the total amount of the time and mileage charges and sales of Insurance on vehicle for hire transactions, but shall exclude roimburcoment for vehicular damage and fuel. 4. All payments shall be made monthly within ten (10) days after the and of each month= and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the CITY shall be Immediately paid to the CITY by the Contractor and any swum of overpayment by the Contractor shall be credited against the next monthly payment due the CITY under this agreement. 6. The purposes for this, lnase are as follows. (a) The right to conduct a business on and from the Airport for vehicles for hire and Sale of personal accident insurance. (b) The right to conduct the business of making arrangements for hunting end fishing trips, for air taxi services, for charter flights, for rent -"Is • services, for motel and hotel rooervations, and for long distance telephone and telegraph services. (e) To occupy counter space in an area and in a size designated by the Airport Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Manager. Such space shall not be used for any other purpose except pursuant to a separate agreement for authorization from the CITY. (d) The right to use parking space for ten (10) vehicles at spaces in parking areas as designated by the Airport Manager. (e) If LESSEE requests additional parking space$ and if the Airport Manager is able to provide additional spaces, Such spaces will be billed at $20.00 per space per month. r Tim 40094e 1 .�I COW &110 I cnty OF xersM •oa.row sn�nr LESSORS LESSEE. � ,y I I 1 .� rt ' r Uws ASSIGNNENT Of LEASE THIS ASSIGNMAT, entered Into between GEORGE A. NAYARRE and ROSERARY NAYARRE and FRANKLIN G. YORTHAN and CARLA L. NORIMAN, heroin referred to as ASSIGNORS$ and FRANALIN 6. NOITHAN sod CARLA L. YORMAN, husband and wife, as lonants by the tmtiretY with right of survivorship, heroin called ASSIGNEES, ukase selling address Is R.O. Pox 1331, Kenai, Alaska 99611. i Assignon do hereby assign and transfer all of their Interest in the Westfield estate as evidenced by that certain Lease Agreement with the CITY Of MAE as Looser, recorded the t/th day of Soptalber. 191E In 8009 5) at PAGE 101, Kenai Recording District, and covering the following described property: Lot fivo-D (5-0), ALYISNA SUBDIVISION PART 00. 1, s roplat of Lots S-A. S-S and 5-C, according to the Plat go, 9.1540. filed In the Ntasl Recording District, Stott of Alaska. TO NAYS AND TO HOLD the sale free the dste hereof, for and during sit Of Lho ►sssinder yet to tale of the tors of said Luse Agreement. Asslgnme$ agree to comply fully with all torts and provisions of the Lease. ad to hold the Assignors haralus from say Liability arising thereunder. I IN XlfAESS YXtR[0!, LM said Assignors have hen unto set their hands i and seals this 14th day of August . 1935. O 4f(Ds��-f Zny��E�(61ac ♦ 1.Yertham Assignor 26 ranklis 6. 110thos Assign$# Carla Assign$# STAIE Of ALASKA ) as. Igloo JOPIC1AL DISiNICt ) MIS IS 10 CERTIFY that before at, the undersigned, a Notary Public in sod for the State of Alaska, duly commissioned and sworn as such, personally apptsr#d GEORU A, NAVA119 sod ROUNARY NAYARRE, known to to and to s# known to be the identic,l individwis nosed In and who executed the sbov# and foregoing lnstrustat, sod who acknowledged to me that they signed and sesl#d the man# $s their feet sad voluntary ect and deed, for the uses therein stationed and set forth, 141,013M WHIREOF, I hove hereunto set my hand and affisol ey offlaidl most, this 5 met day of �Kaa cs6�`, 1955, NDlARr PL19MC 162 ALASKA-" III Consission tspirts: IOLN f, Page One, ASS!o4fifol ` r r � • JI • R • i 1 J � ,+J 1 9 THIS Ig To CIRTIFY that before so, the undersigned, a Notary public In and for the State of Alasb, duly commissioned and sworn as such, personally appeared TRANILIN 0. NORMAN and CARLA L. WOMAN, known to as and to as known to be the identical ladividuals named in sod who sucuted the shore sod foregoing Instrument, sod who acknowledged to as that they signed end sealed the sans as their free and voluntary act and dead, for the uses therein mentioned and set forth, IN NItNIss NNIplar. I have hereunto sot my hand and sffleed my official seal. this +a*► day of _ ice . 1016. {e. iA�d1t11, , NOTARY PUBrIC FOR ALASKA i my Commission Lcpi►sol 10 i Pope two, ASSISNIItNi • II 1 y lr I r r � r s1 CITY OF KENAI ONSENT TO ASSIGNMENT The Assignment from GEORGE A. NAVARRE and ROSEMARY NAVARRE and FRANKLIN G. WORTHAM and CARLA L. WORTHAM to FRANKLIN 0. WORTHAM and CARLA L. WORTHAM, dated August 14, 1985, covering the following -described propertyt Lot 5D, Aleyeske Subdivision, Part No. 1 to hereby ACKNOWLEDGED AND APPROVED, subject to the some terms and conditions as contained in the original Loasa above -described, with the additional condition that the Assignee agree to and execute a lose• amendment requiring the losses to comply with all current and future insurance provisions of the Kenai Municipal Code pertaining to the leooe. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lose*, and does not relieve the Assignee from the condition requiring the City approval for any subsequent sublease or assignment. m. J. grighton City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT )sa - THIS IS TO CERTIFY that on this day of , 1905, WM. J. BRIGHTON, City Manager oTihe City -Or-re-n—sr,= asks, being personally known to me or having produced satisfactory evidence of identification, appeared before as and acknowledged the voluntary and authorised execution of the foregoing -, instrument on behalf of sold city. , Notary Public for Alaska My Commission Expiress 4' i� �r _T- 1W Room myAffa ev Gliy 01 Kfum . o WE ww. Mute wp. 1�iff7� i r 1 1 r Y, r1 i dor- r - CITY OF KENAI Aft _ 210 FIDALGO KENAI, ALASKA N611 j! TEL Homo; 283.7696 August 15, 1985 MEMORANDUM TO$ Kenai City Council , FROMs Dana Gerstlauer, Administrative Assistant 7 SUBJECTs Vacation of 66' Section Line Within Valhalla S/D Part 3 h S Action Requesteds J Petitioner/Owners Proposed Uses Staff Commentss Staff Recommendations Planning do Zoning Commission Recommendations 1 f i Vacation of 66' section line existing within Valshalle.S/D Caler, Courtis, Towns, and Smith To remove the easement from late on which homes and buildings exist Easements and ROW's are provided withing the subdivision and are adequate. The petitioners do request, however, that the 10' walkway remains. Statement of non -objection Unanimous approval subject to staff comments listed above. I I � '" 1 I I i I 1 I I PEI;INSL•LA CU+ 10' KE::AI PENINSULA BOROUGH PLAwi:;i::G COMISSIO:: PUBLIC HEARI::G Public notice is hereby given that the following requests have been received to vacate easements for public roads, utilities, and/or rights-o:-way: A.I. Recuest and Location: To vacate a E6 foot Section lire asea:ert, approx ,:.ately 415 feet in length, betw,eegjWFftr&=a Estates Subdivision and BLX Lot E. Easemer. etweer. Sections 14 and 23, T6N, R12W, S.M. Borth Kenai Road and south of Salomato St 2. purpose: Secti a easement would be difficult to construe o topography. 3. 5 ol�icants: Clint Hall and Michael 6 Patricia Sas Kenai, Alaska Kenai, Alaska ,i B.1. Recuest and Location: To vacate a ten (10) foot ut easement, appra.c rarely 114 feet in length be ots 2 and 3, Gemini Park Subdivision Fla: 484- Subdivision lies north of Kaknu Street and eas- 011y Varden Street, Section 34, T6N, R1141, City ` ..ai. 2. Puraose: To all Wfe a replat of Lots 1-4, Gemini Park sutdivision i 3. cant: Mr. Walter Church it Kenai, Alaska 99611 C.1. Recuest and L9caticn: To vacate the 66 foot Section Lire^ ,Easement wjt.-n alralla Heights Subdivision Part 3 & 5, ' Plat ¢K-1568 and JK-1737. This easement is approximately RIOW, andtin Sectionath 31,and is Loca:ed between TV% RIOW, S.M., City ofction Kerai. TS:�, poses To e easement from lots on which 2• V-;-r Suiidi gsrexise.thPresently Rights -Of -way exist withsn the subdivision. 3. Ac'licants: Randall Caler William Towns Kenai, Alaska Anchorage, Alaska and 1, vid Court'_s Ecb Smith ,Anc!- age. Alaska Kenai, Alaska or • r' u i • i I D.I. Recuest and Location: To vacate the northerly portion 04 M cu.-de-sac of 0 Circle within N-B Estates, So 3, T N, R12W, S.M. 7. This subdivision lies west of Moose cad, between Island Lake and Teal Street. 0 c Lo cation: 0 t n Ci rcle ir 0 c va wi thin va cate t t e hi t N a n B 0 Estates, northerly s po rtion r on c'- 3 Lon lies we S t 0 f Moose se cad' between Island Street. t t !s t d r 1 0 r 2. Purvose: Vacation en requested to provide a more 1 0 moving g h cul-de-sac 's a suicable devel of Lot 3, by, moving the cul-de-sac 43 sour. .6 a feet sc Cared on the intersection of the lot lines. Mr. Neal Haves Kenai, Alaska 99611 Public hearing on these petitions will be heard by the Kenai Ecrough Planning Commission at the Bo:ouih Administration Building Soldotna, Alaska, August 12, 1935, co=.encing at 7:30 p.m. Anyone wishing to present testimony concerning these petitions may do so a: that Peninsula hearing or by submitting a written statement to the Kenai Borough Planning Department, P.O. Box $50, Soldocna, Alaska 99669, for presentation to the Borough Planning For additional information, contact Jane Gabler, Planning Dapar=ent, Kenai Peninsula Borough at 262-4441, ext 267. G. S. Best Planning Director PUBLISH 2X (July 29 and August 5, 1985) � s fi .i M j F � fp I tla U tea•, . _ !T:,7:C" -.0 VACA•.p Fees • 9100 non•eefanda::e fee :o he*.; defray coots of aorrising public hearing. Pla: fees are in addi:ion co vacation fees. (-I Pubic righc•of•vay dedicated by ) VneHn_ QRI 440 i is Oci:i:y easements grunted by >1 56S filed in Gnat > ac Ascording ancrtc 17 v� (-; Easement for public road or ) as sac ouc in •'1 right-of-way ocum ) snc,I recorded�in °� (� Easement for utilities ) Recording Disc -.!a: inBack �. Section line easement zz 9 copies of plat or cap shoving proposed vacation. tf right-of-way or *"ammo vase granted by document, submit copy, of document. Etas right-of-way been full or partially constructed? t_t yes or ki no Zs utility easement Was used by utility company? E ; yes or t_t no if so. which utility company. Purpose of vacations To remove the easement from lots on Uhieh hompG and buildings exist in a populated sub- division with existing city streets. That the easement is net nnu feasible or nractical _ Petition to be sisl'sd by owners of majority of the front fast of land fronting part of scrsscs section line *stemmas or easement sought to be vacated. Each must include wiling address and legit, description of his property. Submitted bys Hama Rarratt caPen Address IAP 9tn,7dn•d tf•11•e fV A Av all Keeai. Aeadha 99611 PPetitioners to VVacati/oJn$ -.lam •L c t 1 �1 /A/w// (///�•} pa / / Address ,T�_94�fAddress .211 Vi '7,s , ^ansr of ie t8 5 3 0 1 Se F. 7 owner of le•,es 7!/e•: A'sc sax.pc•an oz FZ=;6--z7; t s�:pc— o� n c; proper:;,, !lass / �►,L.sr�' 'rams At" ee <,!t21� J/ Address L��/•'��/is�f���lw 1% Address!C'l .. : .er of LCf'diL /•'�� ?uaeT of 4! iCeeCrZpCiaT. S• jT:ieT:7t (tec.:p:.cr. .. =r:�eT:%, i i I J I � 1 I ff /" Recuest and Locations To vacate the 66 foot Section Lire aseaenc w ca.r. ai:.aila Keig..ts Ecbdivision Part 3 5 5, Plat OK-15E8 and IX-1737. This easement is approxi=t elv 1,320 feet in length and is loca:ed bet -wean Section 6, TS:" RIFO, and Section 31, TUI, R10.V, S.Y.., City of Kerai. J 4 '/ I. I . f j IN00 ' • fz { f + f t Ii • I • t ' I' `• # • Y • • £ r = w i -•�,� ♦ •• f = i, " f SI iC WN LINE F SI'MM 10 BE VACWI'W s ' • 710, Cit(x"'WAIX '1C) 16-MAIN = f11iK NSC•INfln1 , . r••.r•!n. • . •.1 Y. f.6. �. s LrnN ta•r• •t•• f 1 t , • ' i } ! y ••... .u.. ••..•.r. a Nu,.• b Lnf �, ' i t�1 1 • I . 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Box 1022 Kenai, Alaska 9961 p a iess August 5, 1985 1C1'f'f F.OMiN. ti q. CITI of KENAti` J Mr. Bill Brighton, City Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 RE: Access to 80 Acres at end of Candlelight Extended Dear Mr. Brighton: Mr. Dick Morgan has advised us that he. now holds from the City of Kenai a signed option to lease adjacent land which will encompass Candlelight Extended for purposes of enlarging the 9-hole golf course which is currently under construction into an 18-hole course. He plans to exercise this option in the spring of 1987. When Mr. Morgan exercises his option, it will eleminate the access to our property currently provided by Candlelight Extended, and officially granted to us by ordinance 870-83. In conversations with City personnell it has been suggested that the section line be considered our access. This matter was raised prior to the passing of 870-83, and at that time this access was shown to be void as the section line enters the wetlands long before it reaches our property. As we are currently in process of re -designing our subdivision of this property, it is imperative that the question of permanent access be resolved as soon as possible. We appreciate your efforts in expediting this matter. Very truly yours, 01W. Burnett I i a n i _- U n Suggested bye Administration CITY OF KENAI ORDINANCE NO. 870-83 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A PUBLIC USE EASEMENT ALONG CANDLELIGHT DRIVE EXTENSION THROUGH CITY -OWNED LANDS. WHEREAS, the City has received a request for a grant of access and maintenance along Candlelight Drive Extension through City -owned park and recreation lands described as Government Lot 3, Section 3, T5N, R11W, SM, and WHEREAS, Candlelight Drive Extension is an existing roadway of one -quarter mile in length, is not constructed to City specifications and receives minimal City maintenance, and WHEREAS, said roadway provides the physical, but not legal access, to the adjacent 80 acre tract to the south, and WHEREAS, the Kenai Advisory Planning & Zoning Commission recom- mended that a public use easement be granted along Candlelight Drive Extended at their meeting of May 25, 1983, and WHEREAS, an appropriate easement width of sixty feet would accommodate the existing roadway as well as present and future utility construction, and WHEREAS, Kenai Municipal Code Sections 22.05.010, 22.05.020, and 22.05.050 require that a public use easement be established by the City Council by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a sixty foot public use easement be es- tablished along Candlelight Drive Extension through City -owned lands described as Government Lot 3, Section 3, T5N, R11W, S.M., subject to permission from appropriate federal agencies. Furthermore, the City shall not assume responsibility for the upgrading and maintenance of said easement unless authorized by Council, not costs of perfecting this easement. PASSED BY THE COUNCIL OF THE CITY OF Al, ALASKA, this 17th day of August, 1983. 'qyx� LO M , MAYOR ATTESTS Z/'L Janet Whelan, city Clerk - First Readings June 1, 1983 Second Reading: August 17, 1983 Effective Dates September 17, 1983 i 1 r' y 1 . IN THE OVD9 810) (SUPERIOR) COURT FOR THE STATE OF ALASKA AT KENAI CITY OF KENAI, Plaint i f f (a), We KENAI PENINSULA BOROUGH, Case No. 3KN- Defendant(8). SUMMONS Ms KENAI PENINSULA BOROUGH , Defendant. YOU ARE HEREBY SUMKMD and required to file with the court an answer to the complaint which accompanies this summons. Your answer must be filed with the co. t at 145 Main St. Loop, Rm 106, lot Floor, Kenai Ak 99611 within kaddress) 20 days* after the day you receive this summons. In addition, a copy of your answer Host be sent to plaintiff's attorney, Tim Rogers � Am address iss 210 Fidalgo. Kenai Ak 99611 If you fail to file your answer within the required time, a default judg- ment may be entered against you for the relief demanded in the complaint. This case has been assigned to Superior Court Judge This case has been assigned to District Court Judge This is a District Court case and will be assigned to an available judge. (COURT SEAL) CLERK OF COURT BY:— Deputy Cleric *The State or a state office or agency named as a defendant has 40 days to file its answer. CIV-100 (5/82) (st.3) CR 4, 5, 12, 55 SUMMONS a F I i i t II ;I nu WOERS CITY OF KENAI .oaxW KENAI, "$KA 9%1 t pq YW IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY OF KENAI, Plaintiff, vs. KENAI PENINSULA BOROUGH Defendant. Case No. 3KN-85 CI. COMPLAINT COMES NOW Plaintiff by and through its counsel and pleads and alleges as follows: 1. Plaintiff is a home -rule municipal corporation duly organized and operated under the laws of the State of Alaska. 2. The Kenai Peninsula Borough is a second-class borough organized and oxisting under the laws of the State of Alaska. 3, Chinulna Point Subdivision and Belugs Bay Estates are two subdivisions located in the Kenai Peninsula Borough at Sections 18 and 19, Township 5 North, Range 11 West, Seward Meridian, bordering on Kalifornsky Beach Road, a state highway, as shown in Exhibit "A" which is attached hereto and incorporated by reference herein. 4. The City of Kenai could provide fire and other essential services to Chinulne Point Subdivision and Belugs Bay Estates by annexing these subdivisions to the City of Kenai. 5. Annexation of Chinulna Point Subdivision and Beluga Bay Estates by the City of Kenai would provide for maximum local self-government with a minimum of local governmental units and prevent duplication of tax -levying jurisdictions. 1 - COMPLAINT r ' 1 i 6. Proceedings to annex Chinulna Point Subdivision and Beluga Say Estates were begun in August of 1984 but were not completed for technical administrative reasons as more fully explained in the affidavit of Dana M. Gerstlauer which is attached hereto as Exhibit "B" and incorporated by reference herein. No vote on annexation was taken. 7. On July 16, 1985, the Kenai Peninsula Borough passed Ordinance No. 84-439 establishing the Kalifornsky Fire Service Area to provide fire protection services and providing for an elected Board. Kenai Peninsula Ordinance No. 84-43 requires approval of the voters of the service area at the regular borough election to be held October 1, 1985 as shown in Exhibit "C" which is attached hereto and incorporated by reference herein. S. Establishing a Kalifornsky Fire Service Area would be in violation of AS 29.63.090 and Article X, § 5 of the Alaska State Constitution. 9. Plaintiff has no adequate remedy at law and will suffer irreparable harm if the fire district is established. WHEREFORE, Plaintiff prays for an order and judgment from the Court as followas 1. Enjoining defendants, his officers, agents, servants employees and attorneys, from any attempt to establish a special service area to serve Chinulna Point Subdivision and Beluga Bay Estates, including but not limited to placing Kenai Peninsula Borough Ordinance on the ballot at the regular borough election to be held October 1, 1985. 2. For such further relief as this Court may determine Plaintiff to be entitled. 3. For costs and attorney's fees incurred by Plaintiff in this action together with interest. DATEDs This e,/ . day of August 1985. TIM RNERS CITY ATTORNEY CITY OF KENAI r o Box sw KM W. AIAUA 99611 M7599 2 - COMPLAINT CITY KENAI By �, -+ m Ro' ra City Attorney j 1 � f / i I 1 i TIM ROOERB CITY ATTORNEY CITY Of KENAI O sox W KENAI, MAS" W6/ 1 2W7W IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY OF KENAI, Plaintiff, vs. KENAI PENINSULA BOROUGH Defendant. Case No. 3KN-85 CI. MOTION FOR PRELIMINARY INJUNCTION Pursuant to Civil Rule 65(b) Plaintiff moves this Court for a preliminary injunction order enjoining defendant from any attempt to establish a special fire service area to serve the Chinulna Point Subdivision and Beluga Bay Estates of the Kenai Peninsula Borough, including but not limited to placing Kenai borough Ordinance 84-43 on the ballot at the regular borough election to be held October 1, 1985, for the reason that to establish a Kalifornsky Beach Fire Service Area would be in contravention of AS 29.63.090 and Article X, § 5 of the Alaska State Constitution. Plaintiff has no other adequate remedy at law and would suffer irreparable harm if the fire district is established. In support of this motion Plaintiff relies on its memorandum in support of this motion for preliminary injunction and the points and authorities contained therein and its attached affidavits and exhibits. DATEDs This day of August, 1985. CITY OF KENAI m gers City Attorney 11 - MOTION/PRELIMINARY INJUNCTION I. 7� n ra , 1� t, 1 ' TIM ROGERS pTY AflCRMY CITY OF KENAI '{ r0WX 1D KENAI, A"A 99611 MIEN y - IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY Of KENAI, Plaintiff, vs. KENAI PENINSULA BOROUGH Defendant. Case No. 3KN-85 Cl. NOTICE OF HEARING ON MOTION FOR PRELIMINARY INJUNCTION TOs Thomas Boedecker, Attorney Kenai Peninsula Borough P.O. Box 850 Soldotna, Alaska 99669 PLEASE TAKE NOTICE that the undersigned will move in the Superior Court for the State of Alaska in the Third Judicial District on August , 1985, at 900 a.m., or as soon thereafter as counsel can be heard, for a preliminary injunction restraining you froms 1. Any attempt to establish a special fire service area to serve the Kalifornsky area of the Kenai Peninsula Borough. 2. Placing Kenai Peninsula Borough Ordinance 84-43, pertaining to establishment of a Kalifornsky Fire Service Area, on the ballot at the regular Borough election to be held October 1, 1985. DATEDs This .?/-** day of August, 1985. 1 1 - NOTICE OF HEARING CITY OF KENAI fm Roger City Attorney • �i I A 'I r- f / •il I • JI n 1 ' i 1 I 1 a i 0 TIM mass ON OF KENAI a%;O WX W , ALASKA 9%11 m7m IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY OF KENAI, ) Plaintiff, ) ) vs. ) KENAI PENINSULA BOROUGH ) Defendant. ) ) Case No. 3KN-85 CI. MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION FACTS In August, 1984 residents of Chinulns Beach Subdivision and Beluga Bay Estates (the subdivisions), initiated actions and petitions for annexation by the City of Kenai. There were 103 registered voters in the combined area. 43.7 percent of the registered voters in the subdivisions signed a petition in favor of annexation. Later, some of these petitioners signed a counter petition. Upon presentation of the petition in favor of annexation to the City, the City contacted the Alaska Department of Community and Regional Affairs (ADCRA) in an effort to identify potential problems with the annexation procedure. In reliance on representations made by employees of the ADCRA, the City initiated an extensive report with findings as to the feasibility of providing services to the two subdivision (see Affidavit of Dana M. Gerstlauer - Exhibit "A"). The report concluded as follows: 1. The territory is essentially urban in character due to the subdivision development, road development, and use so a temporary campground housing facility for workers employed by industries within the City Limits. 2. There currently is inadequate fire, emergency, and police protection in the territory and the logical and most efficient provider of these services would be the City of Kenai since the territory is contiguous to the City limits and the City's facilities are closer to the territory then those of any other municipality. 1 - MEMORANDUM/PRELIMINARY INJUNCTION a ri i i I 1� h. f TIU aAaeru CITY A1ToRHEY q1Y OF KENAI A MUD NOW ^AS11A W611 r ?17J�y1�! 3. The City has adequate facilities to supply fire, emergency, and police services to the territory, and to maintain the roads. These services could be provided to the territory immediately upon annexation. 4. The annexation and subsequent provision of oervices by the City would require no transfer of assets owned by another governmental unit because there are none. There are no water or sewage systems in the territory other than the private wells and septic systems. These systems are adequate for the developed area's current needs. 5. The campground poses a health and safety hazard due to the lack of fresh water and oanitary facilities. Since the camp is adjacent to the City, and the people using the camp area work and conduct business within the City, the residents and businesses of Kenai are directly affected by this situation. The City of Kenai is the logical governmental unit for addressing problems posed by the campground and would be the most efficient in relieving those conditions. 6. Roads within the territory are currently adequate and no new roads or upgrading would be necessary as a result of annexation. Since some of the roads within the territory connect directly with City roads maintained by the City, the City is already impacted by residential and campground traffic created within the territory. The City is therefore the appropriate and logical provider for road services in the territory except for Cannery Road which is maintained by the State of Alaska and would continue to be maintained by the State after annexation. 7. The annexation should include the tidelands contiguous to the annexed area since the City boundaries currently include all tidelands bordering on City shorelines and should continue to do so to enable the City to regulate tideland use for the safety and benefit of City residents affected by such tidelands. ADCRA rejected the petition for annexation and never forwarded it to the Boundary Commission based on a highly technical application of administrative rules and an almost casual deletion of names from the petition in support of annexation, an action which had no basis in law. (See letter to Honorable Tom Wagoner from ADCRA dated February 26, 1985, and Response of City Attorney Tim Rogers, addressed to Marty Rutherford, dated March 7, 1985; and letter from Marty Rutherford to Tim Rogers, dated March 229 1985. Affidavit Exhibits 8, C and D, respectively, attached to Affidavit of Dana M. Gerstlauer.) The effect of ADCRA's arbitrary actions was to deny the residents of the subdivisions a vote on the desirability of annexation, a vote which would have made this injunctive request unnecessary. 2 - MEMORANDUM/PRELIMINARY INJUNCTION -r� R TIM MGM ary OF IEwu KIN;O ax sw , A"A 9011 M109 Subsequent to this initial attempt at annexation, the Kenai Peninsula Borough, on July 6, 1985, passed ordinance number 84-43 calling for establishment of a Kalifornsky Fire Service Area for the Subdivisions. (See Exhibit "B" attached to Complaint.) The ordinance found, inter alia, thats 1. The residents of the proposed service area did not desire self -incorporation. 2. Annexation of the service area to the City of Kenai was not possible. 3. Emergency medical services were impractical to provide to the service area. 4. Fire protection services could not be provided by the City of Kenai. 5. A borough -established fire service area could best provide protection. Residents of the two subdivisions are presently attempting to re -do the annexation petitions to conform with the administrative technicalities. The City of Kenai remains willing to supply all essential city services following a favorable vote on annexation. LAN (SERVICE AREAS) AS 29.63.090(d) provides that "[a] new service area may not be established if, consistent with the purposes of Article X of the State Constitution, the new service can be provided by an existing service area, by annexation to a city (emphasis added), or by incorporation as a city." Article X, Section 5 of the Alaska State Constitution provides that 11[a] new service area shall not (emphasis added) be established if, consistent with the purposes of this article, the new service can be provided by an existing service area, by incorporation as a city, or by annexation to a city." (INJUNCTIVE RELIEF) Preliminary injunctions should only issue upon a clear showing of either probable success on the merits and possible irreparable injury or sufficiently serious questions going to the 3 - MEMORANDUM/PRELIMINARY INJUNCTION j j 1 i r l ` I " 1 1 0 TIM "OEM CRY AT100"y CM OF KENAI r. 6 Sox to MAN, AU:xA W611 2W7W merits to make them a fairground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief; the necessary showing of a likelihood of success on the merits decreases as the balance of hardship increases in favor of the movant. Aleknaqik Natives Ltd. v. Andrus, 648 F.2d 496 (C.A. Alaska 1980). DISCUSSION 1. Establishment of the Kalifornsky Fire Service Area would be AS 29.63.090 (d) and Article X, § 5 both make it clear that no service area should be established if the service can be provided by annexation to a city. In the instant case, the City made extensive findings and conclusions that services could be provided to the subdivisions in question. It was only through a technical application of administrative rules and an arbitrary decision, unsupported by law, that the annexation issue did not become an issue for an election. The Borough's assertion that an annexation attempt failed is not accurate in that a full attempt at annexation was not completed. The only way to accurately determine the wishes of the local residents is to put the issue to a vote. A vote, with all the legal protections afforded by State election laws, provides the most reliable method of determining the issue of annexation, not petitions. 2. Establishment of the Kalifornsky Fire Service Area The Alaska Constitution clearly states its philosophy on local governments "The purpose of this article is to provide for maximum local self-government with a minimum of local government units, and to prevent duplication of tax -levying jurisdictions." Alaska Const. art. X, §1. 4 - MEMORANDUM/PRELIMINARY INJUNCTION r I 1 ! i 1 1 0 TIM ROOEN WV AttORMY CITY Of KENAI • O Sox "D KENM• AtASKA 99611 2WISP In an attempt to simplify local government and present the overlapping of governmental functions, the framers of the constitution (and, in particular, the committee on Local Government) considered establishing a single unit of local government with the abolition of cities altogether. City of Homer v. Ganal, 650 P.2d 396 (AK 1982). Also see V. Fischer, Alaska's Constitutional Convention, at 121 (1975). Although the committee felt that a completely unified local government structure had very definite advantages, it was also considered a concept whose time had not yet come. Section 2 of Article X presents the compromise solution: "All local government powers shall be vested in boroughs and cities." These two units of government were not to be disparate and competing, but were intended to cooperate and collaborate. Gangl Supra at 400, note 7. The Borough's attempt to establish the Kalifornsky Fire Service Area can only be seen as a competing interest, certainly not cooperative. The cooperative approach would be to wait until residents of the subdivision have by vote, either rejected or accepted annexation. This is not a case, either where the subdivisions are at some distance from the City. The report attached to the affidavit of Dana M. Gerstlauer attached to these pleadings clearly indicates that given the location, character and extent of the subdivision in question, the City is the logical provider of urban services. The intent of the Alaska State Constitution can only be served by having the city annex the subdivisions and provide the services. If the residents do not want annexation they should, particularly in this case, not be afforded specialized packaged services by the Borough. To do so would set a dangerous precedent. To avoid a possibly dangerous precedent and to more fully serve the Constitutional requirements of this State, the Court should issue a preliminary injunction enjoining the Borough as requested in the complaint. 5 - MEMORANDUM/PRELIMINARY INJUNCTION i I I ; I , TIM awns MY ATTORW(r C" Of KE" . o sox go KENAI. ALASKA 99611 M709 3. The City has met all requirements for injunctive relief. There is a clear showing of probably success on the merits. The provisions of the Alaska Constitution and AS 29.63.090 could not be clearer. There is little room for argument that annexation would be the required alternative. Irreparable injury to the City would occur if the district were established. Once the district is established, the incentive of residents of the subdivision to annex would be reduced. If a service district were established complete with buildings, and the district was later determined to be constitutionally invalid, it is highly unlikely that the court would require dismantling of the district. If the subdivisions were later annexed this could create logistical problems for the current City fire department. Worse, the City might be forced to purchase facilities which it had no hand in designing; facilities which might not conform to the City's municipal standards which would require expense to rectify. Sufficiently serious questions going to the merits to make them a fairground for litigation are involved. Any challenge to a State Constitutional provision should be considered serious enough to warrant injunctive relief. Much of future planning/zoning and borough -city relations could hinge on the outcome of a decision in this case. As Alaska continues to grow, particularly on the Kenai Peninsula, it will become more and more necessary to delineate borough and city functions. This case would aid in solving potential problems. If, however, a district were established, it might render moot the City's challenge and prevent a resolution of the service area question in future cases. The balance of hardships tips toward the City. The Borough can in the future, once the annexation issue is settled, attempt to establish a service district. Once the district is established, the City faces an uphill battle instead of being on equal footing with the Borough. 6 - MEMORANDUM/PRELIMINARY INJUNCTION f r J a; 7 � w •- '� s 1 Y ' _ T i CONCLUSION Establishment of a Kalifornsky Fire Service district would be in derogation of both AS 29.63.090 (d) and Article X, § 5 of the Alaska Constitution. Establishing the district would be in conflict with the intent of the framers of the Alaska Constitution. In order to allow the City and Borough to -- arrive at and equitable solution to these possible conflicts, possibly through litigation, the Court should allow the preliminary injunction for which the City has met the requirements. } DATED: T h i a day cf 1985. J; " CITY AI By. City Atg is 8 " I ( 1 4 To RWERS Cft AftORW aTM of KEwu ► O sox 5W 1 KI M. AIAUA 9%11 tr4 1 � 2oJ.>'S7D 7 - MEMORANDUM/PRELIMINARY INJUNCTION t I I s `; JOINS SHEET. Z EXHIBIT "A" t t j' TIM RIMISU Crtv Attomy MY OF KENAI 't /. O sox sm K&W. ALASKA 9%11 - 2M7$N ii i f IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY Of KENAI, Plaintiff, va. ) KENAI PENINSULA BOROUGH ) Defendant. ) Case No. 3KN-85 Ct. AFFIDAVIT STATE OF ALASKA ) ) sq. THIRD JUDICIAL DISTRICT ) 19 Dana M. Gerstlauer, being duly sworn, says: 1. On October 26, 1984, the City of Kenai received petitions from the residents of Chinulna Point Subdivision and Beluga Bay Estates (the subdivisions) requesting the City to annex these areas. 2. In response to these petitions the City of Kenai prepared a report assessing the feasibility of providing services to the residents of the two subdivisions. Said report is attached hereto as "Affidavit Exhibit All. 3. The annexation of the subdivisions did not take place for technical reasons which are more fully explained by the letters of Marty Rutherford, Director of the Alaska Department of Community and Regional Affairs to Tom Wagoner, Mayor, City of Kenai, dated February 26, 1985; the letter of Tim Rogers, City Attorney to Marty Rutherford, Director, dated March 7, 1985; and, the March 22, 1985 letter of Marty Rutherford to Tim Rogers. These letters are attached and marked as "Affidavit Exhibit B", "Affidavit Exhibit C", and "Affidavit Exhibit D", respectively. EXHIBIT "B" 1 - AFFIDAVIT OF DANA M. GERSTLAUER t s 'r 1 A" { { 4. That subsequent to the Alaska Department of Community Affairs' failure to forward the annexation petitions to the i boundary commission, another petition drive was started requesting annexation. CITY OF KENAI r ana M. Gerst suer Administrative Assistant I ' SUBSCRIBED and SWORN to before me this day of 1985. , Gam- f Notary Public for Alaska. ►! My Commission Expiress3/ Y9 •,',` r 4 ' r• l I , - 1 fi 1 3' ,7 1 .1 r TIM ROGERS {" C"AV0RNEY WY of KENAJ I ►. 0 WX W } IUNN, AtAUA 99611 2 - AFFIDAVIT OF DANA M. GERSTLAUER rI -1 �, II rT- � • I. I - f� C . i k_ I. J ; - 'fir..` �i.�.4i.f �'�- i•,�?i�71./.f:i YUl,.1 'i _ J f November 28, 1984 i CITY OF KENAI D,!.l Oa p-4W 4 4a� 210 FIOALGO KENAI, ALABKA 996H TELEPHONE 263.7535 Mr, James C. Sanders j' Local Government Specialist t�J Department of Community & Regional Affairs 'Div. of Municipal & Regional Assistance 949 E. 36th Ave., Suite 400 I Anchorage, Ak 99501 Dear Mr. Sandarac We are pleased to submit for your consideration and that of the Local Boundary Commission the attached Petition for annexation to the City of Kenai along with supporting documentation and -`--_ exhibits as required by Alaska Statutes and the Alaska Administrative Code. We also to wish to take this opportunity to thank you for your guidance and assistance on a project which was novel for us and which would have taken untold additional hours without your help. L� Since lv.�) 1 I i " I BEFORE THE LOCAL BOUNDARY COMMISSION A PETITION FOR ANNEXATION TO THE CITY OF KENAI This annexation petition was initiated by more than 25% of the registered voters in the territory, currently unincorporated in the Kenai Peninsula Borough, requesting annexation to the City )f Kenai, Alaska, to which the territory is contiguous. The (enai City Council, having received the petition and held a )ublic hearing on the matter, has approved the request by tesolution and is now submitting this petition and supporting iocuments to the Local Boundary Commission for its approval, upon which an election will be called within the territory on the Lssue. This petition was completed by the City of Kenai after -eceipt of the signature sheets. Any service, notice, or other :orrespondence relating to the proceedings may be delivered to :he City of Kenat, 210 Fidalgo Street, Kenai, Alaska 99611, phone lumber 203-7539. Any information so received shall be passed to :he signatories by the City of Kenai. h � tr ���" ._,,.�.��=_ _�_, or.�-•+i� ,*..,_, :,w. „- _. .. -.. ..-...� ir•.- .. ,.w,. ., �, -,. _�. mow...rr-.wo-...r.�r•.a-=w•-«v-'_rr...+� .0 -�.a-,�.---i ....lrr:y TABLE OF CONTENTS Item Page it ion 1 ef. o 6 al Boundary Description of Territory . . . . , . , , 10 al Boundary Description of the ity of Kenai Including the Territory . . . . . , 0 , 12 eased Value of Property Within the Territory . . . . 23 as Currently Levied and Rates . . . . . . . . . . . . 36 unt and Explanation of Bonded Indebtedness . . . . . 23 ulation of the Territory and the City of Kenai . . . . 22 Exhibits a of the City of Kenai Before and After Annexation 16 sus Information . . . . . . . . . . . . . . . . . . 19 olution No. 84-144 With Findings and Conclusions and ipporting Documents . . . . . . . . . . . . . . . . 21 [davit of Service of Petition . . . . . . . . . 0 , 37 Ldavit of Source of Information . . . . . . . . . . . . 38 i 7 1-0/oULtiA Pr 1, T I T 1 0 :4 Ile the underzioned, being rezidenta and propertyy. . owners of the Kenai Peninsula Borough and more generally in the area commonly referred to as CIIINULNA POINT SUDDIvisroN, adjacent to the b6tihdbrios of the City of Kenai, do hereby petition the Kenai City Council of the City of Kenai to annex said area. (Please sign name mailing address and residence address) A 1,19 2. 3. <7'C, 07 4. .2, 6. 7. z 9. Let I,$ L my a 'VIC12.•AJ; i 13. 3A I A tat- i �f 15. __+ 16. 17. '.4 18. A 19. 41 11C7-5o4-1',, q '-A4. Z,�& 4, I/Ef"Pel—J. 21. L 22. L 24. 99(411 2 Al. We the undersicned, beim- rcsi&nti of U. a Kenni (_cni...-'i6t�iP,21,orcugh amI cre genes -ally in the area ro.mmc:,J.l referred i;. f I a.- Jeluga Bay Estates, adjacent to the hot?raar'r,-" r.f the City of It.'ell c:o hereby Petition the City Council •,f the Cit.., of Koslai to annex !i4id area by submittim this propcsition to 1-he voters residing Lherein. f-k. be C. 2. 3. IVI 14 E 4. V oil. ig 60 7. 9. U PVTo- 12. 13. T7 14. E rp, r.H VA; t 17. is. i'Al z L Oki 19. XL-C- A, I L 20 210. 2 23. 24. P" S r j We the undera irned he inr r e ; :. L:.c, h e idc :ts enui . ,') cnic:a :l 0rcugh'': and more wenerall;; in the r. nren l;� r(,:•arreri tc a- .ielu""^.a day Estates, adrlacent to the Ooundariu: c" the Ci:,j cf Konr.i, do'hero8y petition the City Coarell of tho �;It;v of Ko.iai co annox Said aroa by submitting thin propositicn tc t•,no voters residing trorain. 2. t 4.2� ey, MG 16nydU� 6. j 7. 1 8. 9 10. 11. 12. o, I 13. 14. • ' 15. 16. �.'. 17. W 18. ' 19. i ' 20. 21. 22. 23. 24. ,1 J c F 1, damd' .. i i , i i a . P 0 P L•: 'f r T I_ O N j 4 We the undersigned, being residents and property owners of'tha Kenai Peninsula Borough and more generally in the area commonly referred to as CHI:7UUNA POINT SUBDIVISIO,`;, adjacent to the boiindar.ies�of the City of Kenai, do hereby petition the Kenai City Councif;bf the City of Kenai to annex said area. (Please sign name, mailing address and residence address) •12% �0.3� � �G790 2.113 P •� 4. s. e 9? 7. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. — 21. -.., 22. 23.-- 24 . --- R 1 7 I I f i " I .I 1 O O f , r T, tA-t F „EJn t 2L - JOINS SHEET 5 20-- 4 Sl 20 21-- pws I J 6 I BRIEF 1 The City of Kenai has received a petition requesting that an area adjacent to the City be annexed. The petition is signed by I over 250 of the registered voters in the area. After holding a • public hearings, the Kenai City Council acted favorably on the petition by Resolution No. 84-144. The City of Kenai is now submitting the petition to the Local boundary Commission for its approval. This brief is offered in support of the Kenai City A Council's action approving the petition and presents an argument requesting your approval for the reasons given. Since the area in question is contiguous to the City, there are nine standards that may offer substantiation for approval of the petition if one or more of those standards is satisfied. Those standards are provided at 19 AAC 10.070(a). Four of those j standards are applicable here and will be addressed in the order that they appear in the Administrative Rule. e 19 AAC 10.070(a)(3)s The territory Is Urban in Character Approximately 50% of the territory is subdivided. The subdivided portion of the territory is directly adjacent to a subdivision within the City limits. The residential nature and characteristics of the subdivisions in the City and the nature and characteristics of the subdivisions in the territory are very similar. Lot sizes and construction are similar. Dwellings are primarily single family. The value and grade of the houses in the territory compared to those immediately adjacent within the City are close. All roads called for in the subdivision plans are in place and are in good condition. With the exception of Cannery Road, these roads are gravel and are of the same construction as the City roads with which they connect. Cannery Road is a paved II state road and should retain that status after annexation. a The total land area to be annexed is .65 square miles. (5.19 square miles including Cook Inlet) There are 70 single family dwellings on individual lots. Some of the single family dwellings are condominiums. These dwellings are located on 66 improved tax parcels with a remaining 56 unimproved for a total of 122 tax parcels in the territory. The total population is 200. Thus, the territory has urban densities. Since many of the lots in the subdivisions within the City adjacent to the territory are unimproved, the development level and densities of the two are similar. 4pproximately half the area is not subdivided. Much of the Y western portion of the undeveloped land is not suitable for development as it is low in elevation and randy. Thus, while half the total area is not subdivided, more than half of the A' 1 i ' 1 1 � I developable property is. The northern portion is used annually i as a campground by seasonal workers in the local canneries. Thus during the canninq season, the population of the territory grows dramatically. The territory is served by Kenai Schools. The children in the annexation area have the same bus service available to them as the City resident children next door. The above factors lead to the conclusion that the area is urban in character. The urban character of the territory and the character of the adjacent City areas are very similar as well, resulting in no clear delineation between the two in their I ' characteristics. 19 AAC 10.070(a)(4)s The Territory Is In Need of j Municipal Services Which the City Can Provide More ( " Efficiently Than Another Municipality The territory receives no fire protection from any ti municipality and has no contract for its provision. The City has adequate firefighting capability to serve the territory as well as the existing City. The City's equipment and facilities are - much closer than any other firefighting facilities and the response time would be fastest by being served by the Kenai Fire r� { Department. The lack of adequate fire protection in the territory _ is reflected in the generally high insurance rates that its residents must pay. By being within the City and receiving its fire protection, the residents should receive lower insurance rates. I Emergency medical services are currently provided through the Emergency Medical Service Area. These facilities are located j in Soldotna. The City currently has adequate emergency medical equipment and facilities to service the territory. The City's emergency medical services are provided by the Fire Department. The City's services are closer and the response time far emer- gency calls would be reduced. While the territory currently has this service, there would thus be some benefit in efficiency by having this service provided by the City. Police protection is currently provided by the Alaska State Troopers. The City Police Department often receives calls for assistance from the residents in the territory, but the City can only forward the complaints to the State Troopers through its dispatch. The City Police have, however, responded to serious complaints such as break-ins after alerting the State Troopers, since the response time for the City Police is so much faster unless a Trooper should happen to be in the area at the moment. a 0 The seasonal worker population has in the past been a source of problems prompting calls for police assistance. Since the area is not within the City, City Police have not responded to such complaints unless a serious crime is being reported. The territory is clearly in need of more adequate fire and Police protection. The City is the closest municipality and is the logical and most efficient provider of those services for the territory. Response times would be reduced for emergency medical services as well as for fire and police assistance calls. It should be noted that there are no municipal improvements or assets in the territory belonging to another governmental unit that would be transferred to the City as a result of annexation. What services are received now in the territory are provided through Service Areas. There is no service area bonded indebtedness in the territory that would have to be paid off as a result of the change in taxation jurisdiction so all current bonded indebtedness in the territory (hospital and school) is debt that City property is responsible for too. Thus, nothing would change on the bonded indebtedness status. 19 AAC 10.070(a)(5)s There Is a Reasonable Likelihood That Future Growth and Development Will Occur Within The Territory and That Annexation of the Territory Will Enable the City to Plan for and Control that Development. Approximately half of the territory is already developed with subdivisions, though just under half of the tax parcels (56 out of 122) remain unimproved. This is not to say, however, that the entire remaining half may be subdivided in the future. Much of the remaining land to the west is not suitable for subdivision development as it is low in elevation and is sandy wetlands. The northern portion, however, does contain developable property. There are no immediate plans for subdivision develop= meet for this area that the City is aware of, but it is serviced by Cannery Road, a paved state -maintained road, and it is bordered to the south and east by existing subdivisions. The subdivision to the east is within the City limits and the logical layout of any roads in this portion of the territory, if it were to be subdivided, would connect it directly to the existing City road system. If is, therefore, a logical location for future development. The additional improvement of existing lots and the additional subdivision of the northern portion in the territory will place a greater demand on municipal services such as fire and police protection that already are inadequate for the territory. Since the development that has occurred is high grade residential, with commensurate values, and since the area is accessible by paved road and is scenic, there is a reasonable likelihood that development in the territory will continue. Including this area 3 ` J y M M , r 0 within the City limits will enable the City to pinn for adequate services and control the development to maintain the residential character of the area. 19 AAC 10.070(a)(6)s The Health, Welfare, or Safety or City Residents is Endangered by Conditions Existing or Developing in the Territory and Annexation Will Enable the City to Remove or Relieve Those Conditions. There are several canneries in the Kenai area that utilize seasonal labor. These seasonal workers use the northern and western portions of the territory as a campground during the cannery season. There are no fresh water or sanitary facilities for this temporary campsite. Some of the cannery industry where these people work is located nearby within the City limits. The cannery workers conduct business with City merchants and use other services, such as the post office and the City Recreation Center, available in the City. The City is therefore confronted with health and welfare problems of the campsite that impact City residents and businesses, but is unable to exert control over the campsite to relieve poor sanitary conditions since it is immediately outside the City limits. In addition to the health and sanitation concerns, the City Police occasionally receive complaints from residents in the area concerning conduct in and around the campsite. Since the territory is immediately outside the City limits, the City Police do not respond to most of these complaints even though City residents immediately next to the territory are affected by the conditions and conduct at this site. By including the territory in the City of Kenai, the City could take steps to relieve the public safety problems as well as the health and welfare problems created by the conditions on this site. Inclusion of the Tidelands A final request of the City, which is not covered by the petition, is that if the annexation is approved, it would include the tideland area of Cook Inlet directly out from the shoreline of the territory. The City boundaries currently include all Cook Inlet tidelands that are adjacent to land within the City. If this territory should be added, the additional tideland should be included to enable the City to regulate tideland use for the safety and benefit of City residents affected by such tidelands. The logal descriptions submitted with this brief and petition include the tidelands requested. 4 1� 1 r i rr 10 - , I PROPOSED ANNEX AREA - CITY OF KENAI f November 1984 1 f i Commencing at the Section corner common to Sections 7, 8, 18, and _ • 17 Township 5 North, Range 11 West, Seward Meridian, Alaska, the point of beginning and hereinafter referred to as Corner Number 1; thence south along the section line common to Sections 17 and 18 to the section corner common to Sections 17, 18, 19, and 20 Township 5 North, Range 11 West and Corner Number 2; thence along the centerline of the Kalifornsky Beach Road on the following; N89 57.51"W a distance of 464.50 feet to the beginning of a i tangent curve of 1638.47-foot radius concave southeasterly; 1 thence southwesterly through a central angle of 86 21'32" a distance of 2469.58 feet to end of curve; thence S3 39127 "W a j distance of 1109.34 feet to the point of intersection with the East-West centerline of Section 19, Township 5 North, Range 11 West and Corner Number 3; thence west along the centerline of Section 19 and extended to a point three (3) miles beyond the 'I mean low water mark of the east shore of Cook Inlet and Corner Number 4; thence northerly three (3) miles west of the mean low water mark of Cook Inlet on an irregular line to a point that is three (3) miles westerly of said mean low water mark on a line that is an extension of the section line common to Sections 18 and 7, Township 5 North, Range 11 West and Corner Number 5; y, thence east along said line to Corner Number 1 and the point of i ..{—•.r..a..-t.-,..gin=s+.N,,.^•.•,•.. r. -m _'!=iPi�.v. l i r' _ _ _ _ _ _ _ _ ran • _ _ - ssu...r�. dm l I .� beginning, all being within the Kenai Peninsula Borough, Seward Meridian, Kenai Recording District, Third Judicial District, I State of Alaska. f• a e 11 I A''s �' I �••� I �•a .32 w� �`��OaN-AL L1►P!0 y I �o1 r' • j' � I • r ri ( I N t + 1 I 2 r i; ol. - j y �I 1 I !1 I i .I i I ,� 9 PROPOSED BOUNDARY OF THE CITY OF KENAI I Commencing at the Section corner common to Sections 23, 24, 25, and 26, Township 6 North, Range 12 West, Seward Meridian, Alaska, the point of beginning and hereinafter referred to as Corner -- - Number 1; thence east along the section line common to Sections 24 and 25 Township 6 North, Range 12 West to the EEW 1/256 corner position common to Sections 24 and 25, Township 6 North, Range 12 West and Corner Nu mber umber 2, thence south along 1/256 line to the • , CEEW 1/256 corner position Section 25 Township 6 North, Range 12 West and Corner Number 3; thence east along the East-West A centerline of Section 25 Township 6 North, Range 12 West and Sections 30 and 29 to the Center 1/4 position of Section 29, Township 6 North, Range 11 West and Corner Number 4; thence north along the North -South centerline of Sections 29 and 20 to the 1/4 A corner common to Sections 17 and 20 Township 6 North, Range 11 L 1 West and Corner Number 5; thence east along the north boundary � f i of Sections 20, 21, 22, 23, and 24 to the 1/4 corner common to Ir i Sections 13 and 24 Township 6 North, Range 11 West and Corner i:. Number 6; thence south along the North -South centerline to the :;,.. C1/4 position of Section 24, Township 6 North, Range 11 West and Corner Number 7; thence east along the East-West centerline of Section 24 to the E1/4 corner Section 24, Township 6 North, Range ¢; ,• 11 West and Corner Number 8; thence south along the range line 1 r I • I � I -r -s- �i1 i t aammcn r.n Rnnon , tl _, r.rry .•rry .. Yit IJV t 1 IIVM to HV {I{{e SVULn ii jd '. • position common to Section 36, Township 6 North, Range 11 West and Section 31, Township 6 North, Range 10 West and Corner Number 9; thence east along the South 1/16 line to the South 1/16 �I position common to Sections 31 and 2 Townshi p ip 6 North, Range 10 t West and Corner Number 10; thence south along the east boundary Of Section 31, Township 6 North, Range 10 West and Section 6, Township 5 North, Range 10 West to the section corner common to Sections 5, 6, 7, 8, Township 5 North, Range 10 West and Corner i Number 11; thence east along the section line common to Sections 5 and 8, Township 5 North, Range 10 West to the 1/4 corner common ,I to Sections 5 and 8 Township 5 North, Range 10 West and Corner " Number 12; thence south along the North -South centerline to the C1/4 position of Section 8, Township 5 North, Range 10 West and I Corner Number 13; thence west along the East-West oenterline to _ ,I the C W1/16 - position of Section 8, Township 5 North, Range 10 t • West and Corner Number 14; thence south along the West 1/16 line 1 to the SW1/16 position of Section 8, Township 5 North, Range 10 West and Corner Number 15; thence west along the South 1/16 line <� I• of Sections 8 and 7, Township 5 North, Range 10 West to the -�I I• SE1/16 position Section 7, Township 5 North, Range 10 West and � I� Corner Number 16; thence south along the East 1/16 line to the �f.. East 1/16 position common to Sections 7 and 18, Township 5 North, i-';; • Range 11 West and Corner Number 17; thence west on the section line common to Sections 7 and 18, Township 5 North, Range 10 West f to a point on the ordinary high water line of the left bank of - the Kenai River ano Corner Number 18; thence along the ordinary }'� 2 I high water line meander of the left bank of the Kenai River downstream through Sections 7 and 6, Township 5 North, Range 10 West and Sections 1, 12, 13, 14, and 15 Township 5 North, Range 11 West to a point of intersection with the East-West centerline of Section 15, Township 5 North, Range 11 West and Corner Number 19; thence west along the East-West centerline of Section 15 to the 1/4 corner common to Sections 15 and 16, Township 5 North, Range 11 West and Corner Number 20; thence south along the section line common to Sections 15 and 16 to the section corner common to Sections 16, 15, 21, and 22, Township 5 North, Range 11 West and Corner Number 21; thence west along section line to the section corner common to Sections 17, 18, 19, and 20, Township 5 North, Range 11 West and Corner Number 22; thence along the centerline of the Kalifornsky Beach Road on the following: N89 5715111W a distance of 464.50 feet to the beginning of a tangent curve of 1638.47-foot radius concave southeasterly; thence southwesterly through a central angle of 86 21'32" a distance of 2469.58 feet to end of curve; thence 33 3912711W a distance of 1109.34 feet to the point of intersection with the East-West centerline of Section 19, Township 5 North, Range 11 West and Corner Number 23; thence west along the centerline of Section 19 and extended to a point three (3) miles beyond the mean low water mark of the east shore of Cook Inlet and Corner Number 24; thence northerly three (3) miles west of the mean low water mark of Cook Inlet on an irregular line to a point that is three (3) miles westerly of said mean low water mark on a line that is an extension of the section line common to Sections 23 3 14 r• ad 1 11 a' and 26, Township 6 North. Rana. ,o r.►.._� %Ov; uur number 25 thence east along' said line to Corner Number 1 and the be innin Aoint of 8 g, all being within the Kenai Peninsula Borough, Seward Meridian, Kenai Recording District j , Third Judicial District, State of Alaska 4 r I. Ik a i f I 1 . 1 w • �, M I ........ . .. . . ........ 77 r CITY OF KENAI CarviiaArr BOUNDARY Jar i.....r i,J 1.1• 1 1 � • ae'•alav : __�Lf 11 •' 1 t I Sri i ,` ��� � i i ; .'•�' � � I ��� • � � r •� t •, •, � !� � 1 � i � �.IW Ma IM.. ff CITY OF KENAI PROPOSED BOUNDARY 18 can.. b sl B _ ... — .1- — — — _ —. corner 1 ' / I / I NORTH / I / 1 1 / I / / I --- - f 44 / V 1 ` � r j f I r ! t 'j 1 1 1 KYZfR I TRACTS + 2 1a�20 1 CHIN. ' Ir � rr 1 1 r, 1 3 a !. CITY OF KENAI ,o T AREA OF PROPOSED ANNEXATION TOWNSHIP $ NORTH RANGE II and 12 WEST - 1 P►11er1a Dy i 111111E Ono ASSOMTES♦ INC. ,o t ' e 1 • �t r �T= T= , - i k' x a 1 t� • Kt PODULAIION By UNIT TYPE UNITS G IN sTRucTuac (►= 3 Ol. ! Nso to •L sT 19 cZ .. `' — 2 -L rs — rc, _ •_ _t� __._ , f , r J nn _... OUSING UNITS BY TYPE VACANT UHr 8r TTPE �...�... �_`i S T 1-1� IN RE w er STRUCTURE -• M t r� = t aa fzr A ZZ N 16 lo, ON. ...... 15 Ma-rd, TV,L fe.00i4ot i ec4ftpo,,jrd a(- 9lo0o t't' Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84-144 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A PETITION FOR ANNEXATION TO THE CITY OF KENAI OF THE CHINULNA POINT SUBDIVISION, BELUGA BAY ESTATES AREA. WHEREAS, the City of Kenai has received a petition for annexation to the City signed by more than 25: of the registered voters in the Chinulne Point Subdivision, Beluga Bay Estates area, and WHEREAS, the City of Kenai has hold a public hearing on the matter after notifying residents of the area proposed for annexation, and WHEREAS, the City Council, after receiving the Petition, testimony, and information about the matter, made Findings and Conclusions, which are attached to this Resolution, as Exhibit "A", and which are favorable to the requested annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that. the Petition for Annexation submitted to the Council in this matter be and hereby is approved by the City Council. BE IT FURTHER RESOLVED, that the Petition be completed with all necessary documentation and exhibits and forwarded to the Local Boundary Commission for its consideration. AND BE IT FURTHER RESOLVED, that if the Local Boundary Commission should approve the Petition, an election should be held within the area prop000d for annexation to determine the matter. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of November, 1984. Tt tt WACUNLH, 61 UN ATTESTS 6.. f / i Hart/ ;o n Dore, Deputy City Clerk J 1 21 to , ;t i 'T 1 1 z FINDINGS AND CONCLUSIONS Having considered a petition for annexation submitted to the City Council of the City of Kenai by residents of Beluga Say Estates and Chinulna Point Subdivision and adjacent unsubdivided areas, and having held a public hearing on the annexation proposal, the City Council makes the following findings and conclusions. FINDINGSs 1. The territory proposed for annexation is contiguous to the City boundary. 2. Approximately 50e of the territory is subdivided. Half of the remaining 50% is suitable for future development, and the other half is wetlands unsuitable for development. 3. The subdivided area is served by all roads planned for in the subdivisions, among which Cannery Road is paved and the remainder of which are gravel. Some connect with roads within the City. 4. The subdivided area has a total of 122 tax lots, 70 of which are now developed with single family dwellings, including 11 townhouse units. 5. Water and sewer services in the territory are provided from individual wells and septic systems. 6. Fire protection service is currently not provided for the territory by any municipality nor is there a contract for such protection. 7. Ambulance and emergency medical services are currently provided by the Emergency Medical Service Area, with facilities located at Soldotna. The City's facilities are closer. 8. The northern end of the territory is undeveloped private property and is used annually by cannery workers as a campground, though there are no permanent campground facilities such as fresh water or sanitary facilities. The people using the campground work in canneries located with City limits, do business within the City limits, and use other services and facilities available within the City such as postal services and the City Recreation Center. 9. There are a total of 200 permanent residents in the territory, and, in addition to the permanent residents, there are seasonal workers who annually use the campground area during the canning season. The population of the City of Kenai is 6,176. Page ..J...... Exh. A...... 1 of .......... Pequ b- iff : -. I a J 10. Property in the territory is currently taxed at the mil rate of 3.46. Total assessed real property value is $8,275,500. Total assessed personal property value is $393,196. 11. There is no sales tax in the territory, and no use tax. 12. Bonded indebtedness for which the territory is partially responsible is broken down ass Central Kenai Peninsula Hospital $ 34,002 School Facilities 311,374 TOTAL 345,376 13. The roads in the territory are dedicated to the public and are maintained by the Central Peninsula Road Maintenance Service Area except for Cannery Road which is a State road maintained at State expense. 14. There are no assets in the territory owned by other municipalities. 15. Police protection for the territory is currently provided by State Troopers. the City Police receives calls from residents in the area and has responded to serious criminal complaints such as break-ins, but has turned down many requests for aid on less serious complaints such as excessive noise. The nearest State Trooper office is in Soldotna. 16. There are no special service districts that the territory is a part of, and all municipal services other than police protection are currently the responsibility of the Kenai Peninsula Borough. 17. The territory is adjacent to Cook Inlet and the tideland adjacent to the territory is not currently within the City boundary, though all tidelands currently contiguous to City shorelines are within City boundaries. CONCLUSInNS 1. The territory is essentially urban in character due to the subdivision development, road development, and use as a temporary campground housing facility for workers employed by industries within the City limits. 2. There currently is inadequate fire, emergency, and police protection in the territory and the logical and most efficient provider of these services would be the City of Kenai since the territory is contiguous to the City limits and the City's facilities are closer to the territory than those of any other municipality. Page ... :11... Exh. . r...... 2 at .....7...... Paw I _ ' r I ' i I I r 24 1 1 .; 3. The City has adequate facilities to supply fire, emergency, and police services to the territory, and to maintain the roads. These services could be provided to the territory t _ immediately upon annexation. 4. The annexation and subsequent provision of services by the City would require no transfer of assets owned by another t governmental unit because there are none. There are no water or sewage systems'in the territory other than the private wells and septic systems. These systems are adequate for the developed area's current needs. 5. The campground poses a health and safety hazard due to the lack of fresh water and sanitary facilities. Since the camp is adjacent to the City, and the people using the camp area work and conduct business within the City, the residents and businesses of Kenai are directly affected by this situation. The City of j t Kenai is the logical governmental unit for addressing problems posed by the campground and would be the most efficient in . relieving those conditions. 1' 1 6. Roads within the territory are currently adequate and no ; ` new roads or upgrading would be necessary as a result of annexation. } Since some of the roads within the territory connect directly with City roads maintained by the City, the City is already impacted by residential and campground traffic created within the territory. The City is therefore the appropriate and logical provider for road services in the territory except for Cannery Road which is maintained by the State of Alaska and would continue to be maintained by the State after annexation. I f !- 7. The annexation should include the tidelands contiguous to the annexed area since the City boundaries currently include all tidelands bordering on City shorelines and should continue to do so to enable the City to regulate tideland use for the safety and benefit of City residents affected by such tidelands. r _ 3 Pag........... bd� . r....... d ....:...... POW CITY OF KENAI " Dd CapiiQ.l of 41z"a" 210 FIDAL00 KENAI, ALASKA 00611 TELEPHONE 283.7535 November 5, 1984 MEMORANDUM TO: Kenai City Council FROMs Wm. J. Brighton, City Manager RE: Petitioner's Request to be Anne ed to the City of Kenai Please note you have already received a petition by residents of the areas known as Chinulna Point and Beluga Bay Estates indicating their desire to be annexed into the City of Kenai. In addition, find enclosed a petition from residents in the some area requesting not to be annexed into the City of Kenai. Also attached to this memo find statements from the various department heads indicating the City's present ability to provide services to the area seeking to be annexed. After reading all of the material attached to this memo, 1 think that the economic impact to the area seeking to be annexed is as follows: 1. The mill levy will be 9/10 of one mill higher than at the present time. 2. By being in a fire protected area (meaning the City of Kenai) it appears insurance costs in all cases will result in savings to the homeowner of approximately $200 or more which in effect will offset the 9/10 of a mill increaoe in property taxes and result in approximately $120 to $150 savings over their present costs. 3. By the area becoming a part of the City of Kenai will result in approximately $150 per year in savings plus they will then begin to receive from the City fire protection, emergency medical service, road maintenance and upgrading responsibilities, animal control and police protection. 4. As can be seen by reports from the police department, fire department, and public works department, the Cit? can readily expand on their present services to encompass the area reeking to be nnnered without undue hardship or burden upon the City's existing services. of 1 M � In conclu:3ion, it would seem fairly apparant that the City should proceed under the statutory requirements to do forward with an ' election in the aren for the final determination indicating if in fact a majority of the residents in the area desire to become a part of the City and obviously, receive the additional benefits and services -provided by the City. WJ6/dq t�° 1 _ 1 s a 7r i,. n � t � 1 i ;i i t� o . i. t i s 1 I 1 I 27 CITY OF KENAI laiw 4 4Z"4a 210 FIDALOO KENAI, ALASKA 22811 TELEPHONE 233.7525 1 November 5, 1984 MEMORANDUM TOs Wm. 3. Brighton, City Manager FROMs Charles A. Brown, Finance Director e4* Q REs Annexation of Chinulna Point and Beluga Say Estates I estimate that a population increase might add $117 per person ' in State Revenue Sharing and $146 per person in Municipal Assistance. If we add 200 people that's $52#600 per year. • If we add $10,000,000 in real property values, that would amount to $19,000 in real taxes. If we add $1,700,000 in personal property values, that would amount to $3,200 in personal taxes. 1 If we add 2.65 miles of roads to the City's total (roads in the t proposed annexation area) the State will reimburse the City r $6,625 ($2,500 per mile). * The proposed annexation could add about $01,425 per year to the City. i CAB/dg i •f f , t� r Fi �r a .r 1 Ir• - r November 1, 1984 28 I CITY OF KENAI � ..od a 4"-- 210 FIDALOO KENAI, ALASKA 90611 TELEPHONE283.7535 TOs Wm. J. Brighton, City Manager FROMs Keith Kornelis, Director of Public Works SUBJECT: Annexation of Chinulna Point and Beluga Bay Estates I have the following responses to the four questions you asked in your memorandum dated October 30, 1984. 1. Difficulty or lack of difficulty of orovidino service. The Public Works Department would have no more difficulty in maintaining the3 road system in the proposed assessment area than we presently have in the VIP area. This area of the City is an area set apart from the rest of the City and does take some travel time to get to the area. 2. Service to the new area as compared to other areas of the ME As I mentioned above, service to this proposed assessment district to similar to the adjacent VIP Subdivision. It also compares somewhat to the far east end of town where we also have a considerable amount of travel time to get to the area such as Thompson Park and Valhalla Heights. 3. Likelihood of the department providinq the service with present capacity manpower and equipment). The Public Works Department feels that based upon the direction that Council has shown in the past two years of contracting snow removal in the VIP area, that we would not need an increase in the manpower or equipment to handle this area that is beinq considered for annexing. We would need some additional funds to contract snow removal for this new area. •r 4. Advantages to the area if annexed. Thero are many advantages to the area being annexed to the Citv of Kenai. The Public Works Department would provide services such as street grading, water surface drainage control, animal control, snow removal, and possibly, in the future, some type of water and sewer community services. There are quite a few roads in Beluqa Bay and Chinulna Point, the area being considered for annexation. Cannery Road is a paved road which is State maintained and is approximately 1.42 miles long. I would assume that this road would continue to be maintained by the State Department as is Forest Drive, Redoubt, and Beaver Loop, all within the City of Kenai. There are approximately 2.56 miles of other roads within this area that the City of Kenai would be maintaining. The City of Kenai does receive $2,500 per mile for maintaining Municipal roads. This would amount to $6,400 for the 2.56 miles which does not include Cannery Road. There are some trails in this area which people are using as roads that the Public Works Department feels should not be maintained. One of them is the east end of Minks Drive which is a short road that ties VIP to Beluga Bay Estates. There is also a trail at the south end of Chinulna Drive and West Frontage Road that should not be maintained. Another point that should be made is that West Frontage Road is only a half road, but this does not present a problem at this time. Overall the roads within the area being considered for annexation are of a similar nature to VIP Subdivision roads which are basically constructed of good gravel. The Public Works Department would have no problems providing the additional•services to the area that is being considered for annexation and feels that including this area within the City Limits would not lessen the services that are being provided to the other citizens within the present City Limits. KK/jet .A r i .t I ' I I J0 CITY OF KENAI FIRE DEPARTMENT 009 598 v 91NA1. ALASKA 99811 October 31, 1984 Cl, TO: 11m. J. Brighton, City Manager FROM: W. A. Winston, Fire Chief SUBJECT: Chinulna Point - Beluga Bay Estates Annexation As you are well aware, the Fire Department is already,providing service to the canneries. This means that we are presently driving right past Beluga Bay and ChinuIna Point to got to the canneries; as far as I can see annexation of those two areas would not change our operation in any way, however I think everyone needs to under- stand the travel time and the lack of water source makes the protection level minimal. Comparing this proposed area to areas now serviced by fire protection would indicate exactly the same level of service now afforded by all other areas over five miles away from the Fire Station and without a water system. The advantages, in my opinion, far outweigh the alternative at this time. Right now the areas are without any fire protection whatsoever no one responds if their house catches fire. This means that they pay the hi-hcst rate for fire insurance or a class 10. If they were protected by the City Fire Department their rate could be reduced to a class 8, which could reduce their insurance premiums by S130.00 — , j - - .r..• -_- �.«. ri: _ .,„. .,,. - .-t it-+. ,. - — -� - - -....,a.-....�-�........:«�.....�.a�,. .. _<_xa•±.., Vj { o `r r i i • i � S 31 October 31, 1'98•1 Annexation Page per year depending on what insurance company they deal with. The other major advantage of couse, is the fact that there is a good chance that we could control the fire before it completely destroyed the home or at the very least, keep the fire from spreading to the neighbors house. All fire suppression activities are based on a time -temperature curve. We know that a typical house fire, with no attemt to suppress, will roach 10000 in ten minutes. Ife also know that at 10000 most all combustibles will spontaneously ignite or flashover, it therefore becomes our task to try to overcome this time -temperature ratio by whatever means possible. As far as this Department is concerned, annexation of Chinulna Point and Beluga Bay Estates would be the first step in the race against time. VIAL'/keh l Jt� I rt'r p I� K NAI POLICE ®EPA, P.O. SOX 3173, KENAI, ALASKA 99611 TELEPHONE 283.7870 TO: William Brighton, City Manager } FROM: Richard Ross, Chief of Police SUBJECT: Chinulna Point and Beluga Bay Estates - - RE: Your Memorandum of 10-30-84 DATES 11-3-84 o t Police response services can be provided to the Chinulna Point and Beluga Bay Estates area. The services received would be consistent with those received by adjoining areas that are presently within the City of Kenai. t This level of service, consistent with that received in othar outlying areas of the City could be provided with existing resources. The overall impact to the City wide delivery of Police services by annexation of this area would be 1 contingent on the population involved and the number and types of calls generated from that area. 1, This area at present is serviced by the Alaska State Troopers. The services we could provide are essentially the same as those presently available to them. j The advantage of annexation would be of a t g generally faster response to calls from that area. RAR/bt IL 'V f i - fi i � � 4 N f . CITY OF KENAI "D,rl G'ajadaJ 4 4"laof 210 FIOALOO KENAI, ALASKA 99611 TELEPHONE 283.7536 October 31, 1984 MEMORANDUM TOs Wm. J. Brighton, City Manz er FROMs Jeff Labahn, Land Manag RE: Zoning Proposed Annexation Lands Kenai Municipal Code 14.20.060 states that "...All lands which may hereafter be annexed to the City is zoned Rural Residential until otherwise designated". Therefore, the Kenai Zoning Code provides for an automatic zoning of this property to Rural Residential should the annexation be approved. The subsequent issue is whether the Rural Residential zoning district is appropriate for the entire area proposed to be annexed. I recommend that this district is suitable as a "permanent" classification, excepting the two properties occupied by the Vagabond Bar. The following information justifies the establishment of the Rural Residential district: 1. The existing development in the subject area is consistent with the principally permitted uses in RR. Per 1904 Borough Census figures, 70 single family dwellings and 4 trailers are Located within this boundary encompossinq 122 total lots. (NOTE: I inspected the area this date and no trailers are visible from the roadways) 2. The existing development has occurred in accordance with the general intent and specific standards (e.q. minimum lot size of 40,000 square feet) of the RR district. This zone is reserved for residential areas planned for individual on -site well and septic systems. The primary subdivision:: in this area (Beluga Say Estates and Chinulna Point) have been platted consistent with these guidelines. 3. The adjacent residential subdivisiorla located within the City (VIP Ranch Estates and Kenai feiiinsuia Estates) are preuefaly roried R11. ZonLnq tfie subject area as RR would provide for a continual. ion of this overall "neighborhood". 4. No nnn-conforminq uses 'o%cept Inq the Vagabond Bar development) will be created if Vie entire area is zoned RR. JJ i J 1 1 r � it i A I rat • ST � r, �o , 6LN6. t fJ 1 h •ry .. I, FF i t K-'��!•Ni - •� ill i. rl• � 1 .. ` ` .. F •, fit .. .. i ,rye .• ' Jij' � �NJ •, '� `, t � � lj i I q i,I rJ71 ' JOJf•15 SHF:T 16 ' } •V • i I i 1 tr : • •��~,;jii. � . `GN�M�U ts� I N I .1..� �. � 1 I � I I •j v. ! P P. .�t� • •. ryigv. 1 ++ 1 `' , ./��\�• N� ♦��t ;P tt�S +` r+ 1 I II ESTATES; a : r. � } /� /' . � • t � fir•.—•--, �---'�..•� ram..._. i get I � F171 { itL. �j ! 1�.-_.—fir,+^ ; �� I • � 1 1.,,_,�--._.,• s ••fir—: �:* ��, Q... j � . ram. ;—�r•-�f s^�j .Y—. � � I li p. 1 i f 31 AFFIDAVIT OF MAILING STATE OF ALASKA )as THIRD JUDICIAL DISTRICT ) MARY ANN DORE, upon oath, deposes and states: That she is employed in the office of City of Kenai; that on the U day of November, 1984, she served a copy of Petition and Brief on: Kenai Peninsula Borough P. 0. Box 850 Soldotna, Ak 99669 by placing true copies thereof in the U. S. Post Office, at Kenai, Alaska, in a properly addressed, postage prepaid envelope. A copy of the Petition, Brief, and Exhibits is available for public inspection at the office of the City Clerk, City of Kenai, 210 Fidalgo, Kenai, Alaska, during regular business hours. L'u' Mary A n Dore SUBSCRIBED and SWORN to before me this[ day of': November, 1984. . i Notary Public for A as a My Commission Expires: �' "' . 6— I AFFIDAVIT STATE OF ALASKA ) ) 88 THIRD JUDICIAL DISTRICT ) I, Jeff Labahn, being first duly sworn, depose and say that: I am the Land Manager for the City of Kenai, Alaska. In response to a Petition for Annexation submitted to the City of Kenai by registered voters in the territory, the fol- lowing information was collected from the sources indicated: 1. Assessed values, tax and bond debt information from the Kenai Peninsula Borough. 2. Population infoWmation from the official census taken by the Kenai Peninsula Borough in 1984. 3. Municipal service provision and capabilities from the Kenai Peninsula Borough, State Troopers, and respective departments within the City of Kenai. 4. Subdivision and development status from the Kenai Peninsula Borough, City Records, and from my personal inspection. 5. Legal descriptions and maps from McLane h Associates, Inc. Jeff La.Nn SUBSCRIBED and SWORN to before me this day of November, 1984. NotarylPu I c for d aska My ComWiission Expires: j " 1►1 38 i •,a a AFFIDAVIT EXHIBIT to CITY OF KENAI 210 FIDALOO KENAI, ALASKA 29611 TELEPHONE 283. 7535 REVISED AS PER COUNCIL MEETING OF March 79 1985 MARCH 6, 1985 Me. Marty Rutherford, Director Department of Community h Regional Affairs Municipal 6 Regional Assistance Division 949 East 36th Avenue, Suite 400 Anchorage, Alaska 99508 Re: City of Kenai Annexation Proposal Dear Ms. Rutherford: This letter constitutes the administrative and City Council response to your letter of February 26, 1985 as to the above -referenced matter. I find the objections your department has to the petition submitted to be unfortunate for several reasons. First, upon receipt of the petitions from the citizens of the territory, the City of Kenai made every reasonable effort to seek guidance from your department as to the requirements of the unnecessarily confusing administrative laws which relate to annexation procedures. City personnel have been in contact with both Mr. Jim Sanders and Mr. Gene Kane from the beginning expressing our desire to complete the petition according to your specifications and standards so that the City of Kenai could fulfill any and all duties imposed on the City when in receipt of an annexation petition. When the petition was completed we even hand delivered the petition in hopes that any potential problems could be timely identified and corrected. Second, the two petitions that were received by the City were, as has been explained previously, received together from residents of the territory who had legitimate concerns over the need for municipal services. The signatories to the petitions quite simply wanted an election on the issue of including their contiguous subdivisions in the City. The headings are not confusing or misleading in the least as to that central objective. The headings were in substantial compliance with your regulations. 19 AAC 10.642. The frustration caused by local citizens and the City in returning the petition for that reason is due solely, in my opinion, to an unnecessarily technical application of administrative regulations. l .; J. C Third, you are correct that the City of Kenai made a separate -request, identified in the petition brief an ouch, that the adjacent tidelands and submerged lands be included in the annexation proposal. According to 19 AAC 10.640, after holding a hearing on the annexation issue, the municipality is required to forward to your department ".. the petition, exhibits, and related materials, together with a report of its findings and recommendations concerning the petition.." The inclusion of the tidelands and submerged lands was a recommendation of the City pursuant to your requirements. It was considered by the City and included after Mr. Jim Sanders of your department stated, in response to our inquiry, that such a request would be appropriate. Fourth, as to the opposition petition, I could understand your concern that such a petition is indicative of the likeliness of the failure of the annexation proposal at the election; but it is not my legal opinion that valid signatures on a petition, submitted to and filed by the governmental official required under law for the purpose of calling any election, could be retracted after official filing simply by adding that persons signature to another petition. In this case the governmental official for filing is the City Clerk. 19 AAC 10.640. Attempts to retract signatures were made after the,official filing, but the City refused to retract the signatures due to legal concerns. I would direct your legal staff to AS 29.28.070 (a); Reckart v. Kirkpatrick, 639 S.W.2d 606 (Mo. 1982); 27 ALR 2d 604. It seems inconsistent to me that your department requires strict adherence to the letter of the administrative law as to the petition headings, despite the latitude allowed by 19 AAC 10.590, (see also Municipality of Anchors a v. Frohne, 568 P.2d 3,8 (Alaska 1977) and yet Is so casual about deleting valid signatures from a petition for an election, properly. and officially filed, contrary to established legal principles. An annexation petition will not be initiated by the City. All efforts we have made have been good faith efforts to perform whatever functions were required of the City to facilitate the request from the petitioners for an annexation election. To this end we sought guidance from your department and considerable expenditures were made. The City will now return the material to the petitioners with the advice that they contact your department and work directly with you to ascertain just what is required of them to get this issue to an election. 1 will also wish them the 2 r— w' ►. best of lue-k in trying to figure out the administrative law �'- re i t qu rumen s, and in deciding whether they should follow the a recommendations made to them by your department personnel. Since�pe�,y,•� • � T� �R'ogais'^ ity Attorney J 1R/cl f ccs Tom Wagoner, Mayor, City of Kenai Stan Thompson, Mayor, Kenai Peninsula Borough ! William J, Brighton, Kenai City Manager Emil Notti, Commissioner Jeff Smith, Deputy Commissioner Thomas R. Boedeker, Borough Attorney Igr j Gene gone, MRAD LBC Staff, Anchorage Tim Sanders, MRAD Regional Office y I i i i I f�I i � 7 3 1 ` e 6 -• AFFIDAVIT EXHIBIT licit DBI'T. O 1111V 1TITT & REGIONAL AFFAIithi 21 •Pd1 b In MUNICIPAL & REGIONAL ASSISTANCE DIVISION BILL SHEFFIELD, GOVERNOR CERTIFIED MAIL - RECEIPT #P 492 804 321 February 26, 1985 The Honorable Tom Wagoner Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Wagoner: ❑ POUCH BH JUNEAU, ALASKA 00811 PHONE: (9071 I661701 q0 940 E. 38TH AVENUE, SUITE 400 ANCHORAGE, ALASKA 00608 PHONE: (007) 601•OM6 ❑ Pa sox 34e BETHEL, ALASKA 00660 PHONE: (007) 613.3476 ❑ PO Box 41 NOME, ALASKA 00702 PHONE: (007) 443.5457 ❑ PO Box 280 KOTZEBUE, ALASKA 00762 PHONE: WO 442,2015 ❑ 1514 CUSHMAN STREET: ROOM 201 FAIRBANKS, ALASKA 00101 PHONE: (ivy) 462.7720 ❑ Pa Box /oon DILLINGHAM. ALASKA 00678 PHONE: (007) 80.2246 The Department of Community and Regional Affairs has completed its review of the petition for the annexation to the City of Kenai of the Chinulna Point Subdivision and Beluga Bay Estates, as well as tidelands and submerged lands adjacent to these areas, all of which comprises approximately 5.19 square miles. Our review of the documents relating to these proceedings has disclosed three principal concerns. These concerns must be resolved before we may make our requisite determination that the form and content of the petition is in substantial compliance with appropriate laws and regulations. Until such occurs, the petition cannot be forwarded to the Local Boundary Commission for its consideration. The specific concerns and the actions needed to address those concerns are as follows: 1. It appears as though two separate petitions for annexation were submitted to the City; the first by the residents of the Chinulna Point Subdivision and the second by the residents of Beluga Bay Estates. The two different descriptions of the territory proposed for annexation which are presented on the pages containing the signatures of individuals seeking annexation leads us to this conclusion. Such being the case, we find a number of technical questions are raised by the City having consolidated the separate petitions into one. The two petitions contain the signatures of 45 individuals registered to vote; we understand that as of September 14, 1984 there were 103 registered voters in both subdivisions. As such, it can be stated that 43.7 per cent of the number of registered voters in both subdivisions signed the two petitions. However, because we lack documentation concerning the number of registered voters for each subdivision independently, we cannot be assured that the required 25 per • I • i r L ;- i ll{J AV11VL alw "s 1 Vn► iruy•i�+aa Citf of Kenai Annexation ' February 26, 1985 ?ago two cent or more of the registered voters of each subdivision signed their respective petitions. Further, it cannot be demonstrated that the residents of the Chinulna Point Subdivision have, in fact, petitioned for the annexation of Beluga Bay Estates and vice versa. In order for us to accept the consolidation of these two petitions by the City, the headings on the sheets signed by the residents of the territory must conform to that consolidation. That is, the headings of all pages containing the signatures of the petitioners must uniformly describe the territory proposed for annexation. 2. The City added approximately 4.54 square miles of tidelands and submerged lands to the territory sought for annexation by the residents of the two subdivisions. This action raises concerns similar to those resulting from the consolidation of the two petitions. In order for the tidelands and submerged lands to be considered a part of the proposed annexation, that territory must be specifically included in the petition for annexation authorized by the petitioners. Since the City is not the petitioner and because there is no indication that the resid"ts of either subdivision requested the annexation of this territory, we find the inclusion of such territory to be improper. 3. The final concern relates to a petition in opposition to the proposed annexation. As we discussed with Tim Rogers, Kenai City Attorney, we recently received a copy of a petition in opposition to this annexation. In the event that the City does not have a copy of the petition in opposition to this proposed annexation, I have included a copy with this letter. The petition was signed by 111 individuals, 70 of whom we have determined to be registered voters. More importantly, 21 of the individuals who signed the petition in opposition to the annexation had earlier signed one of the two petitions in support of the annexation. By allowing the retraction of those 21 signatures, the number of qualified individuals who siggned the petitions for annexation is reduced to 24. with 103 registered voters in the territory, this would reduce the relative number of qualified signatories to 23.3 percent, less than the requisite number. For these reasons, it is the Department's conclusion that the petition fails to substantially conform to applicable regulations. Therefore, the petition is being returned to you in order that these issues may be addressed or the petition withdrawn. I �!J a -• r lThe Honorable Tom Wagoner _ City of Kenai Annexation February 26, 1985 Page three As discussed with Mr. Rogers on February 11, 19 AAC 10.640 (copy attached) provides that the Council of the City of Kenai may directly submit to the Department a petition for the annexation of this territory. This, of course, would greatly facilitate the concerns we have with respect to the present petition. A petition submitted by the City would still be subject to the approval of the Local Boundary Commission. Further, the proposed annexation could be submitted under procedures requiring the approval of the majority of the residents at a referendum election. If the City or residents of the territory proposed for annexation wish to pursue this matter, I would encourage you to contact this office in order that we may provide technical assistance in the development of the form and content of the petition before it is circulated for signature. We will assume that the petition has been withdrawn unless we receive written indication to the contrary within 30 days from the date of the receipt of this letter. If you have any questions regarding this matter, please contact me. Sincerely ep'W74 �4j Marty Rutherford Director enclosures: petition for annexation COPY of petition in opposition of annexation cc: The Honorable Stanley F. Thompson, Mayor, Kenai Peninsula Borough Emil Notti, Commissioner Aeeff Smith, Deputy Commissioner illiam J. Brighton, Kenai City Manager Tim Rogers, Kenai City Attorney Thomas R. Boedeker, Borough Attorney Rich King Dan Bockhorst/Gene Kane, MRAD LBC Staff, Anchorage Pat Poland/Jim Sanders, XRAD Regional Office Ir wuffimldrP AFFIDAVIT EXHIBIT u I)EPT. OF CUACHUNITY .tic REGIONAL AFFAIRS MUNICIPAL & REGIONAL ASSISTANCE DIVISION March 22, 1985 BILL SHEFFIELD, GOVERNOR 0 POUCH Bit JUNEAU, ALASKA Omit PHONE, (001) 406.4107 8 949 E. 30TH AVENUE, SUITE 400 ANCHORAGE, ALASKA 0060E PHONE: (001) 561-SM ❑ Pa Box so BETHEL, ALASKA 00659 PHONE, (001) 603476 0 Pa Box 41 NOME, ALASKA 00762 PHONE: (007) I42•6467 Mr. Tim Rogers, City Attorndy ""`"' v+ 0 PA soxz60 KOTZEBUE, ALASKAWM City of Kenai �::....;, v PHON& 007)a2•2670 o 210 Fidal g \ • d ,r , , ❑ 1614 CUSHMAN ETREET. ROOM or Kenai, Alaska 99611 �;. :� FIRBAN SA07) STA0701 Dear Mr. Rogers: 0 P0. Box 16M1 DILLINGHAM. ALASKA 0057E PHONE, (007) 612•2246 REs CITY OF KENAI At-MMTION PETITION This is in response to your letter of March 7 leveling certain criticisms at the Division for the manner in which several annexation petitions, initiated by local residents, were handled. It is unfortunate that these proceeding have resulted in confusion. From my review of your letter, it appears that several events contributed to the situation. As you are aware, Mr. Jim Sanders left the Local Boundary Commission staff position prior to the City's submittal of the annexation petition. Mr. Gene Kane had only been in the position a few days when the petition was received by the Division. To compound this transfer of responsibilities, the City's petition arrived at the time when the Division and the Local Boundary Commission were involved in several municipal incorporations and preparing for the annual round of legislative review annexation petitions and public hearings. Consequently, the Division was unable to expediently review the City of Kenai's petition or identify potential problems with the petition. Additionally, and most importantly, during this interim the composition of the Local Boundary Commission was changed by the Governor. The new Local Boundary Commission members directed staff to review all petitions coming before the Commission with a far more stringent application of the appropriate standards. When Mr. Kane was able to review the City's petition, it became apparent that the petition had several errors which precluded the Department from accepting the petition without some amendments. 7� Mr. Tim Rogers REs CITY OF KENAI ANNEXATION PETITION March 22, 1983 Page 2 + I agree with your contention that the administrative regulations are confusing and difficult to follow. To remedy this situation, we have recently entered into a contractual relationship with the Department of Law to review and revise l the regulations to make them consistent and usable by the average citizen, we hope to have this task completed by the and of this year. I hope the City Council and those individuals initiating the original petition accept my apology and explanation for this + situation. I R Please understand that if the original petitioners are still 0 interested in pursuing this annexation, the Division will provide assistance to identify the means to avoid the errors contained in the original petition. 1' �l Sincerely, rt ut erro Director r ces The Honorable Tom wagoner, Mayor, City of Kenai .William J. Brighton, Kenai City Manager The Honorable Stan Thompson, Mayor, Kenai Peninsula Borough Thomas R. Baedeker, Kenai Peninsula Borough Attorney Emil Notti, Commissioner Jeff Smith, Deputy Commissioner Department of Community & Regional Affairs Gene Kane, Staff Assistant to the Local Boundary Commission Jim Sanders, Anchorage Field Office Supervisor Municipal and Regional Assistance Division, Anchorage 1 It • AFFIDAVIT EXHIBIT r • BILL SHEFFIELD, GOVERNOR y ❑ POUCH SH i/i'a'T. 1)b' Cq.�!`iUNITY `k 118tii/)11IA1, AFFAIRS PNONE'tAo'i:ea ioT J ® 940 E. ?QTH AVENUE, SUITE 400 1 MUNICIPAL & REGIONAL ASSISTANCE DIVISION ANCHORAGE, ALA89A99000 PHONE: (W) 501.OUS PD. sox 8 March 22, 1985 ❑ BETHEL, ALASKA 09000 PHONE: (901) 513•3475 ❑ PA.Box a a NOME, ALASKA 00702 r , N PHONE: (007) 406107 _ Mr. Tim ROgerrs, City Attorne � KOTIEBUE, ALASKA 0010? City of Kenai -, PHONeNMazaa75 210 Fidalgo Qi C; Kenai, Alaska 99611 ��/ ❑ 1514 CUSHMAN STREET, ROOM 201 FAIRBANKS, ALASKA 99701 PHONE' (007) 452,7126 Dear Mr. Rogers s O PA, Box IX41 DILLINGHAM, ALASKA 00076 RE s CITY OF KENAI ANNEXATION PETITION PHONE., (007) 842.2245 j This is in response to J • p your letter of March 7 leveling certain { criticisms at the Division for the manner in which several annexation petitions, initiated by local residents, were - handled. It is unfortunate that these proceeding have resulted { in confusion. From my review of your letter, it appears that several events r i contributed to the situation. As you are aware, Mr. Jim Sanders left the Local Boundary j Commission staff position prior to the City's submittal of the annexation petition. Mr. Gene Kane had only been in the position a few days when Division. the petition was received by the To compound this transfer of responsibilities, the City's i I petition arrived at the time when the Division and the Local Boundary Commission were involved in several municipal f ° incorporations and preparing for the annual round of legislative review annexation petitions and public hearings. � Consequently, the Division was unable to expediently review the City of Kenai's petition or identify potential problems with the petition. i Additionally, and most importantly, during this interim the composition of the Local Boundary Commission was changed by the Governor. The new Local Boundary Commission members directed staff to review all petitions coming before the Commission with a far more stringent application of the appropriate standards. -- When Mr. Kane was able to review the City's petition, it became apparent that the petition had several errors which precluded _ the Department from accepting the petition without some amendments. I , a9 f G , F _ 0 • Mr. Tim Rogers • RE: CITY OF KENAI ANNEXATION PETITION March 22, 19SS Page 2 I agree with your contention that the administrative regulations are confusing and difficult to follow. To remedy this situation, we have recently entered into a contractual relationship with the Department of Law to review and revise the regulations to make them consistent and usable by the average citizen. We hope to have this task completed by the " end of this year. I hope the City Council and those individuals initiating the original petition accept my apology and explanation for this situation. Please understand that if the original petitioners are still interested in pursuing this annexation, the Division will provide assistance to identify the means to avoid the errors contained in the original petition. Sincerely, 4art ut er o Director cc: The Honorable Tom Wagoner, Mayor, City of Kenai ;.William J. Brighton, Kenai City Manager The Honorable Stan Thompson, Mayor, Kenai Peninsula Borough Thomas R. Boedeker, Kenai Peninsula Borough Attorney Emil Notti, Commissioner Jeff Smith, Deputy Commissioner Department of Community & Regional Affairs Gene Kane, Staff Assistant to the Local Boundary Commission Jim Sanders, Anchorage Field Office Supervisor Municipal and Regional Assistance Division, Anchorage J Ti MV �r i r Action: Enactod KENAI PENINSULA BOROUGH atih26272a��3��� ORDINANCE 84-43 SUBSTITUTE °f ESTABLISHING THE KALIFORNSKY FIRE SERVICE AREA :zO!-jPROVIDE FIRE PROTECTION SERVICES, AND PROVIDING FOR AN ELECTED BOARDi WHEREAS, a public hearing was held by the assembly on May 30, 1984, in the Borough Assembly Room to determine the necessity for this service areas and WHEREAS, the assembly finds that fire protection services are needed and desired by the residents of the proposed service area; and WHEREAS, the assembly finds that the residents of the proposed Kalifornsky fire service area do not desire to incorpo- rate themselves at this time; and • WHEREAS, the assembly finds that annexation of the proposed Kalifornsky service area to the city of Kenai is not feasible because an attempted annexation has recently faileds and WHEREAS, the assembly finds that provision of fire pro- tection services by the proposed Kalifornsky fire service area by the existing Ridgeway Fire Service Area may be impractical because inaccessibility of of the proposed area to the existing areas and WHEREAS, the assembly finds that provision of fire pro- tection services to the proposed Kalifornsky fire service area by the existing Central Kenai Peninsula Emergency Medical Services i Area is impractical, and 1 -•Y WHEREAS, such fire protection services therefore cannot be provided by an existing service area, by annexation to a city or y incorporation as a citys and WHEREAS, such fire protection services can best be provided s by the establishment of a service area of the boroughs THEREFORE, �! REF RE, BE IT ORDAINED BY THE ASSEMBLY OF THE KEIIAI -- l P£I1Z1'JSOULA Section 1. That Title 16 of the Kenai Peninsula Borough Code of Or4inahces is amended by addition of this chapters J Chaoter 16.64 W KALIFORNSKY FIRE SERVICE AREA Kenai Peninsula Borough Ordinance 84-43 Sub. Paste 1 of 6 Pastes EXHIBIT "C"' ,r - I • Sections: r t 16.64.010 Established --Boundaries 16.64.020 Board of directors--Established--yleetings 16.64.030 Board --Terms and qualifications 16.64.040 Board --Powers and duties 16.64.050 Board --Election of officers and quorum 16.64.060 Board --Vacancies 16.64.070 Board --Bylaws 16.64.080 Fiscal procedure 16.64.010 Established --Boundaries. There is hereby estab- lished a Ure service area within the borough designated the Kalifornsky Fire Service Area" in that portion of the borough described ass All following referenced to Seward Meridian, Alaska: Beginning at the corner common to Tps. 3 and 4 N, Rgs. 10and 11Ws Thence west along the line common to Tps. 3 and 4 N, R11W, to the corner common to Sections 3, 4, 33 and 34s Thence, in T3N, R11W, southerlyy along the line common to Sections 3 and 4 to the N 1/16 corner common to said Sections 3 and 4s Thence westerly along the north 1/16 line of said Section 4 to the north 1/16 corner on the line common to Sections 4 and 5s Thence northerly along said common line to the corner common to Sections 4 and 5, T3N, and Sections 32 and 33, TOT, RllWs Thence, west along the line common to Tps - 3 and 4 N, R119 to a point on the east line of U. S. Survey Number 83s Thence, southerlqq along said line of said U.S. Survey to the mean highwater mark on the right bank of the Kasilo£ Rivers Thence westerly and northerly along the said mean highwater line of the right bank, Kasilof River, to the point of intersection with the mean highwater line of the easterly shore of Cook Inlets Thence continuing into Cook Inlet, N 45° W to a point that is 1,320 feet westerly of the said mean highwater line of Cook Inlet, as measured normal to the said highwater lines Kenai Peninsula Borough Ordinance 84-43 Sub. Paste 2 of 6 Pastes y . 0 I Thence northerly along a lire that is 1,320 feet westerly of the said highwater line of Cook inlet, as measured normal to the said highwater line; to a point on the westerly extension of the line common to Sec- tions 7 and 18, TSN, R11W, said point also being on the southerly corporate boundary line of the City of Kenai; Thence following said corporate boundary line in TSN, R11:•l, east along said line common to Sections 7 and 18 to the corner common to Sections 7, 8, 17 and 18; Thence southerly along the line common to Sections 17 and 18 to the corner common to Sections 17, 18, 19 and 20; Thence east along the line common to Sections 17 and 20, 16 and 21 to the corner common to Sections 15, 16, 21 and 22; Thence northerly along the line common to Sections 15 , and 16 to the 1/4 corner common to said sections; Thence east along the east -west center 1/4 line of said Section 15 to the 1/4 corner common to Sections 14 and 15s Thence southerly along the line common to said Sections 14 and 15 to a point on the mean highwater line on the o left bank, being the southerly side, of the Kenai River; , Thence easterly, northeasterly and southeasterly along the said mean highwater line of the left bank, Kenai River, to a point on the line common to Sections 7 and 18; Thence, leaving the corporate boundary line of the City of Kenai, continue along said left bank mean highwater line southerly, westerly and southeasterly to a point on the N 1/16 line of section 30; Thence east along said N 1/16 line of section 30 to the thread of the Kenai River, being a point on the corpor- ate boundary line of the City of Soldotna; Thence following said corporate boundary line, south- westerly along the thread of the Kenai River to a point on the line common to Sections 25 and 30; Thence west along the said line common to Sections 25 and 30 to the corner common to Sections 25, 26, 35 and 36; Kenai Peninsula Borough Ordinance 84-43 Sub. Page 3 of 6 Pages _. '.Y. Thence southerly along the line common to Sections 35 and 36 to the standard cor:ier common to Sections 35 and 36, on the south boundary of TSN, R11W, being common with the north boundary of T4N, R11W; Thence east along the line common to Tps. 4 and 5 N, R11W to the northeast corner of said T4N, R11W; Thence leaving the corporate boundary line of the City of Soldotna, south along the line common to T4N, Rgs. 10 and 11 W, to the corner common to Tps . 3 and 4 N, Rgs, 10 and 11 W, being the point of beginning. 16.64.020 Board of directors - -Es tab lished--►feetin s. A. There is hereby established a board o rectors for the Kalifornsky fire service area composed of five (5) members who shall be nominated and elected by the qualified voters of the service area in the manner provided for candidates for assemblymen in the Borough Code of Ordinances, except that members of the board shall be residents of the borough within the service area. B. The board shall meet periodically at regular and special meetings called by the board. All meetings shall be open to the public as provided by law. 16.64.030 Board --Terms and qualifications. A member of the board o• rectors shall e elected or a term of three (3) years and shall serve until his successor has been elected and sworn to assume the duties of the office, except that the first board shall contain at least two (2) staggered terms as designated in the resolution providing for the election. 16.64.040 Board --Powers and duties. The board of directors of the service area, subject to a_97se_mBTy approval and appropria- tion of funds, shall supervise the furnishing of fire services within the service area and shall advise the mayor and the assembly concerning the administration and operation of the service area. 16.64.050 Board --Election of officers and 5uorum. A. Three members —of the board shall constitute a quorums however, any action shall require the affirmative vote of three (3) board members. B. At the first regular meeting following certification of the election by the assembly, and annually thereafter, the board shall elect by ma;ority vote of the board members, and from the board members, a chair and such other officers as the board deems to be desirable. These officers shall hold office until their successors are elected. 16,64.060 Board --Vacancies. A. Vacancies on the board are create upon a ec arat on of vacancy by the board if a member: Kenai Peninsula Borough Ordinance 84-43 Sub. Page 4 of 6 Pages r J '+J V a 1. Fails to qualify or to take office within thirty (30) days after appointment; 2. Is physically absent from the service area for a 90-day period unless excused by the board; 3. Resigns; 4. Is physically or mentally unable to perform the duties of his office, as determined by a majority vote of the boards 5. Is removed from office: 6. Misses three (3) consecutive regular meetings unless excused by the board; 7. Is convicted of a felony or an offense involving a violation of his oath of office. B. Vacancies on the board shall be filled by a majority vote of the remaining board members until the next general election of the borough, at which time a new member shall be elected to fill the unexpired term or for a three (3) year term if no unexpired term remains. 16.64.070 Board --Bylaws. A. The service area board may adopt y aws or regulations governing the conduct of its affairs so long as these bylaws are procedural in nature and do not conflict with the rules, ordinances, statutes and regulations governing the service area board. B. The board may establish various committees and appoint members to them. 16'*64.080 •Fiscal procedures. A. All contracts for capital improvements and maintenance performed in connection with the service area shall be bid and administered by the Borough depart- ment of public works in accordance with the department's normal procedure for the letting of contracts. B. The purchasing agent for the service area is the Borough director of finance. All purchases of supplies, materials and equipment shall be made in accordance with the rules and regu- lations adopted by the borough assembly. C. The service area board shall arrange for the preparation of a budget and capital program which shall be submitted to the mayor and assembly for approval. The budget and capital exg=ndi- tures proposal shall be subject to the procedures for adopting the borough budget and cappital expenditures program and for consideration of such items by the borough assembly. D. The service area shall abide by the fiscal policies and procedures applicable to the borough general government budget. Kenai Peninsula Borough Ordinance 84-43 Sub. Page 5 of 6 Pages 1 r 1 j i 0 E. All accounting functions of the service area shall be performed under the supervision of the Borough director of finance, who shall provide rules and regulations and procedures Ioverning the issuance of vouchers, the payment of vouchers, the ssuance of checks, the payment of checks, the use of the central treasury of the borough, and the manner in which all bonds, contracts, leases or other obligations requiring payment of funds for the appropriations of the service area budget shall be processed and administered. F. The service area shall not hire any personnel without the approval of the borough assembly. Unless otherwise provided, the borough personnel system and Title 3 of the Borough Code of Ordinances shall be applied to any person employed in connection with the service area, excluding independent contractors. G. No tax levy for operation of the service area shall exceed 2 mills unless the question of abolishing this 2 mill limit is approved by a majority vote of the people residing within this service area at a regular or special election. Section 2. That this ordinance takes effect on July 1, 1986, only after approval by the voters of the service area at the regular borough election to be held on October 1, 1985; except that KPB 16.64.080 (G) setting a 2 mill limit, takes effect on July 1, 1986 only after approval by the voters of the service area voting on the question of the mill limit at the regular borough election to be held on October 1, 1985. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS 16t_ DAY OF — JuIr 1985. r yn M, Assembly res ent Kenai Peninsula Borough Ordinance 84-43 Sub. Page 6 of 6 Pages 11<--•-- IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT Al KENAI CITY OF KENAI, ) Plaintiff, ) vs. ) KENAI PENINSULA BOROUGH ) Defendant. ) I Case No. 3KN-85 CI. j ' e PRELIMINARY INJUNCTION ORDER THIS COURT having considered plaintiff's motion for a . 4 7 preliminary injunction and the points and authority presented by both parties and now finding that establishment of a Kalifornsky jl Fire Service District would violate AS 29.63,090 (d) and Article X, Section 5 of the Alaska State Constitution, and further finding plaintiff has no adequate remedy at law, now therefore it is hereby 1 i ORDERED that the Kenai Peninsula Borough, its agents, offices , servants employees and attorneys are enjoined until from 1. Establishing or attempting to establish a fire service II • I� district to serve Chinulna Point Subdivision and Beluga Bay Estates in the Kenai Peninsula Borough; and 2. Placing Kenai Peninsula Borough Ordinance 84-43 on the ballot at the October 1, 1985 General Borough Election. i DATEDs This day of , 1985. Superior Court Judge i 1 - PRELIMINARY INJUNCTION ORDER 1 1 r 1 TW man$ GfrAHoofty GOY OF KINN 0 0 wx tip r) NOW AIAI*A W611 E ? ?"P F i IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT IN KENAI CITY OF KENAI, ) ) Plaintiff, ) ) Ve. ) KENAI PENINSULA BOROUGH j Defendant. ) Case No, 39N-85� CI. AFFIDAVIT OF MAILING STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ass CAROL L. FREAS, upon oath, deposes and states: That she is employed in the Legal Office of the City of Kenai; that on the 22nd day of August, 1965, she served a copy of Summons, Coaplaiat, Notice of Hearing on Motion for Preliminary Injunction, Memorandum in Support of Preliminary Injunction, Motion for Preliminary Injunction, and Preliminary injunction Order on: Thomas Boedecker, Attorney Kenai Peninsula Borough P.O. Box 850 Soldotna, Alaska 99669 by placing true copies thereof in the U. S. Post Office, at Kenai, Alaska, in a properly addressed, postage prepaid envelope. Carol L. Frees SUBSCRIBED and SWORN to before me this � day of August, 1985. 1 - AFFIDAVIT OF NAILING Notary ublic for Alaska My Commission Expiress IJ H v 4j ,41 v: UNAPPROVED KENAI PLANNING 6 ZONING COMMISSION July 24, 1985 - 7s00 p.m. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Presents Lewis, Bryson, Carignan, Oleson, Osborne Absents Smalley, Zubeck 2. APPROVAL OF AGENDA or Chairman Lewis asked to add a lease application under item 7-h Agenda approved with the addition 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ85-61s Conditional Use Permit for. Construction of Two Townhouse Unite on Lot 12, Blk 1, Central Hts S/D lot Add. - Dowling -Rice Assoc. (accomaanies item 7-e) Chairman Lewis opened the meeting to the public for comment. There being none, Chairman Lewis brought discussion back to the Commission. This permit request is for an already established dwelling currently being utilized as a duplex, however, it was built to townhouse (zero) specifications. This request is for the permit and for the accompanying plat item 7-e. Commissioner Carignan asked for the size of the lots formerly granted the permit under the zero lot line concept, Jeff Labohn answered that this permit request is almost the same size as lot 14 of the some subdivision which was granted a permit a year ago. Commissioner Carignan noted that one of the items the Commission was going to address was the 45' minimum width on lots, although it was never formalized. "ily concern is that this could be used as a back door to eventually get condos in an area that would be below the minimum that we are looking for." It was noted that the minimum lot footage on these lots to just under 331. Commissioner Carignan stated that, 1 am i reitterating the concern that this body had regarding the width of the I .I r� PLANNING COMMISSION MINUTES July 24, 1985 Page 2 late, a 45' minimum was one of the things we had agreed upon to strive for." MOTIONS Commissioner Carignan moved for the adoption of PZ-61, seconded by Commissioner Oleson. VOTES Motion fails not Lewis, Carignan, Oleson, Osborne yeas Bryson 7- e. Preliminary Plat PZ85-66s Central Heights S/D, lot Add #2 � (accompanies item 4-a) MOTIONS Commissioner Carignan moved for adoption of PZ85-66, seconded by Bryson VOTES Motion fails nos Lewis, Carignan, Oleson, Osborne yeas Bryson b. Resolution PZ85-621 Variance from Sign Code - Gov't Lot 20, Sec 6, T5N, R11W, S.M. - Alaska Wood b Ivory Chairman Lewis opened the issue to the public. Bob Cutler, petitioner, came forward and reitterated the information on the application and presented a letter addressed to him from the Alaska Department of Transportation which, in effect, states that the sign placed within the States 100' ROW will have to be removed and should it be placed back within the ROW the State would remove it. Jeff Labohn brought attention to the code which clearly spells out that no sign shall be placed in a ROW be it State or City. The City cannot issue a variance for placing the sign within the State ROW, however it could allow the sign to be placed outside that 100' corridor. Mayor Wagoner came forward and stated that Mr. Cutler had written him a letter explaining the situation with the sign. Mayor Wagoner viewed the site and agreed that there is a problem. Vehicles, trucks, and cars whether moving or parked, obscure vision from the highway. The Commission asked Mr. Cutler if he would be happy with his sign at the 1001, answer, if allowed to use 2 poles, the sign would be ,just _ inside the 1001, if one pole was approved, then it would be ,just PLANNING COMMISSION MINUTES July 24, 1985 Page 3 outside the 100'. Ideally, Mr. Cutler would like the 2 poles. The Commission discussed why the property was not petitioned for by the City at the time of the highway realigftment. MOTIONS Commissioner Bryson moved approval of PZ85-62, finding that special conditions do exist and that this sign be placed outside the 100' setback from the centerline of the existing ROW as requested by the State, seconded by Commissioner Carignan.. VOTES Motion passed unanimously. c. Resolution PZ85-38s Rezone Lot 6, Blk 15, Original Townsite - RU to CC - Jahria (returning item) Chairman Lewis opened the hearing to the public. Kathy Tomrdle (sic) came forward stating that she and her husband had just purchased the property and were under the impression that it already was zoned for commercial use. The Tomrdles are in the process of remodeling the old house for use as office space. Councilman Wise asked what other properties were owned by the Tomrdlee' since there is no adequate parking for an office at this location, answer across the street which will provide ample parking. MOTION: Commissioner Carignan moved approval of PZ85-38, seconded by Commissioner Osborne. Commissioner Bryson asked how the Old Town study would be affected by this rezoning, answer from Jeff Labahn, this would fit in with the plan and with the land use categories planned. Commissioner Bryson voiced concern over rezoning property which was not now in the hands of the petitioner, Jeff Labahn felt there would be no conflict. VOTES Motion passed unanimously. 5. APPROVAL OF MINUTES of July 10, 1985 Minutes approved as submitted 6. OLD BUSINESS a. Discussions Marathon Road Area Planning Study J Jeff Labahn had requested input from the airport manager and parks b recreation director as to future plans in the Marathon Road area. z.. "'I M ., PLANNING COMMISSION MINUTES July 24, 1985 Page 4 Kayo McGillivray, Parks & Recreation Director, informed Jeff that the Commission had not met and will not be meeting until after the deadline, however, Kayo felt that there were no long range plans for parks or recreational areas unless the Council decides in favor of the RV park discussed last summer. Randy Ernst made a presentation depicting the changes at the airport in the last year and some of the long range plans for extending the runways and float plane basin. The Commission felt that there could be no recommendation at this time and that there will be further meetings with the consultant for the Comprehensive Plan. NOTEs Item 7-a and 7-g moved here to accommodate persons present. a. Lease Applications Lot IA, Baron Park S/D - Multiple Retail Use - Donald M. Aase Mr. Aase came forward to clarify the application and to present a better site plan than was in the packet. Mr. Aese stated that should everything be approved, he would like to start the ground work in about 3 weeks. At the present time he is turning 30 to 40 rooms away per night. The bar and restaurant will be done at the some time depending upon financing and the liquor liability laws. The cinema is intended for next spring, if the underground work gets done this fall, a May opening is anticipated. The recreation end of it should be ready at about the some time, again depending upon financing/developer the center to have indoor golf range, an exercise facility, etc. Commissioner Bryson asked if the Landscaping Review Board would be reviewing this application, Jeff Labahn answered that the Commission can go ahead and approve this tonight, it will still go ahead to Council and will be reviewed by the Board at some point along the way. Jeff Labahn stated that a more detailed time frame would be important to include in the lease. MOTION: Commissioner Bryson moved to approve the lease application for Mr. Asse, the understanding is that phase I completion is 9/86, phase II Is proposed for completion 1986, seconded by Commissioner Carignan. VOTES Motion passed unanimously. Commissioner Carignan voiced concern over the two years for phase II reflecting on the maximum utility of that property as presented in the site plan, i.e. the property will be unused for a long period, Mr. r • J J PLANNING COMMISSION MINUTES July 24, 1985 Page 5 Aase answered that he wants to be assured that when he is ready the land will be available. g. Discussions Transfer of Conditional Use Permit for Gravel Extraction for River Send Sand 6 Gravel to Pat & Mary Dovl2_ This does not require a public hearing but does need review by the Commission. The Doyles will be bound by the development/extraction plan between the City and River Bend former owners. The Doyles are not requesting that the plan be altered. MOTION: Commissioner Bryson moved approval of the transfer, seconded by Commissioner Oleson VOT£s Motion passed unanimously. b. Discussions Kenai Original Townsite Redevelopment Planning Study _J Commissioner Carignan discussed traffic patterns suggesting the consultant or the City contact the bus company concerning their routes and Tom Overman of the School District office. Commissioner Carignan stated a preference to option 3, to minimize residential development, keeping in mind the other subdivisions that are going in around Kenai. Jeff Labahn noted that there is not a large section that is "permanent", rather the area has a high number of apartments and a transient population. There will probably be a review committee set up to deal with items such as zoning and cost. Roger Meeks came forward and stated that utilities and roadways are already in, as well as lots that are already built on, the only vacant lots being further to the east, such a project as this would be very costly. 7. NEW BUSINESS b. Preliminary Plat P185-63s Boundary Survey - Gov't Lots 1&2, S3, T5N, R11W. S.M. This is the property that will be used for the golf course. At this point it is a boundary survey only. MOTIONS Commissioner Carignan moved adoption of PZ85-63, seconded by Commissioner Bryson ' a yi a' PLANNING COMMISSION MINUTES July 24, 1985 Page 6 VOTE: Motion passed unanimously. c. Preliminary Plat PZ85-40A: Baron Park S/D - Revised This plat adds two lots, accommodates the lease for Craycroft dealership. MOTION: Commissioner Bryson moved approval of PZ85-40A with inclusion of staff comments and correction of negative findings (item 9 on resolution), seconded by Commissioner Carignan. VOTE: Motion passed unanimously. d._ Preliminary Plat PZ85-64: Gemini Park - Church Add. This plat takes 4 townhouse development lots and creates 3 standard lots and eliminates a 10' utility easement that would have been used for the townhouse unit. Commissioner Bryson noted that when the Borough reviewed the subdivision, it was found that the area indicated as ROW was not dedicated as part of the original plat and will request a redrawing of the boundary limits of the subdivision to include the dedication along Kaknu Way and possibly Dolly Varden. MOTION: Commissioner Carignan moved adoption of PZ85-64 with incorporation of staff comments (item 9 on the resolution) and correction of negative findings, seconded by Commissioner Bryson VOTE; Motion passed unanimously. f. Resolution PZ85-65: Adopting the Kenai City Atlas as the Official Street Namino Guide The City has never had a comprehensive street name guide, the public works has a map, however, only streets that are maintained by the City are on the map, there is no provision for the new subdivisions and streets that are on paper. This will be important not only to the City but to the Borough since they will be updating the base maps for all cities on a comprehensive basis. There have been some corrections and they are attached. Note: Barabara is corrected an the map but not in the index. f r w "' J PLANNING COMMISSION MINUTES July 24, 1965 Page 7 MOTION: Commissioner Carignan moved to adopt PZ85-65, seconded by Commissioner Osborne VOTE: Motion passed unanimously. g. Lease Applications Lot 7 & 8 Concession Area - Warehousing - Wagoner These lots lie between Doyle's van parking and the Vet Center. There is a large green building on the lots and is mainly used for storage. The former lessee, Raven Transit, has not responded to inquiries regarding renewal of the lease. The petitioner wishes to use the building for the some purpose, therefore no improvements are expected. Jeff Labahn explained that the options are to approve the lease pending a second notification of Raven Transit or postponement. Commissioner Bryson agreed, stating that every effort should be ,made to contact Raven Transit. Councilman Wise stated that most of the older lessee title the building in the lessee and is required to remove that building; is the City going to waive that in this case; then if the City leases the building with the property, is the City liable to bring the building up to code. MOTIONS Commissioner Bryson moved to postpone the application until the next meeting, seconded by Commissioner Osborne. VOTES Motion passed unanimously. 8. PLANNING a. Alaska Planning Association Conference in Homer - Commissioners Invited Commissioners need to have their request for registration to Janet before August let. Your room and perdism will be paid. 9. REPORTS a. City Council No comments or questions - � - ='" sow. ,•ai,>.�:..,. . i i r' r S.. G PLANNING COMMISSION MINUTES July 24, 1985 i Page 8 b. Borough Planning u' Commissioner Bryson reported that only one plat was heard by the Borough and by the Commission this evening. c. City Administration There will be some public hearings scheduled for the comprehensive plan soon. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS Council Agenda Land Manager, Letter of Resignation Comprehensive Plan Questionaire - Service Agencies 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned at 10s28 PM KENAI PLANNING & ZONING COMMISSION, REGULAR MEETING, MINUTES AUGUST 14, 1985, 7sOO PM KENAI CITY ADMINISTRATION BUILDING CHAIRMAN LEE LEWIS PRESIDING 1. ROLL CALL Presents Lee Lewis, Phil Bryson, Dick Carignan, Ozzie Osborne, Hal Smalley, Bill Zubeck Absents Bob Oleson (arrived late)��`... Lj 2. APPROVAL OF AGENDA MOTIONS _-- Commissioner Bryson moved, seconded by Commission Smalley, to approve the agenda as submitted. Motion passed by unanimous consent. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES 5-a Regular Meeting, July 24, 1985 MOTIONS Commission Bryson moved, seconded by Commissioner Osborne, to approve the minutes as submitted. Motion passed by unanimous consent. 4 5-b Special Meeting, August 7, 1985 1 1'I Commission Smalley asked that page 2, 1st motion, change ''s maker of motion to Commissioner Smalley. He also asked that paragraph 4, line 29 delete the word "approached" and add 1, "requested to submit proposal." lj . •" �i MOTIONS y Commissioner Smalley moved, seconded by Commissioner Bryson, to approve the minutes as corrected. Motion passed by unanimous consent. y 1 I w� 1� r KENAI PLANNING 6 2ONING COMMISSION AUGUST 149 1985 Page 2 6. OLD BUSINESS None 7. NEW BUSINESS 7-a Approval of Additional Constructions Lot 6, Blk 1, Gusty S/D-•Addtn. to Sandwich Shop 6 Vet Center - Roberta/Swenor Admin. Asst. Gerstlauer reviewed the request. She noted it is for Swenor and Engen, not Swenor and Roberts. Commissioner Bryson asked if this would be encroaching into the set back area, and was it zoned gen'l commercial. Commissioner Smalley noted it was not listed in 14.20 of the Code. MOTIONS Commissioner Bryson moved, seconded by Commissioner Carignan, to approve the request, contingent on staff clarifying set back requirements. Motion passed unanimously by roll call vote. COMMISSIONER OLESON ARRIVED: 705 PM. 7-b Lease Amendment - Lot 2, Blk 19 CHAP S/D - Time Extension for Construction - Kiana Bldg. - Burnett Admin. Asst. Gerstlauer reviewed the request. They will build a 5-story glass building. It calls for completion Aug. 18. This is the 2nd extension request. The original date was Nov. 1984, it will now be Dec. 1986. This is just the parking lot. Commissioner Bryson asked if there were any other applications. Admin. Asst. Gerstlauer replied, no, once it is leased, it is pulled off the available list. Commissioner Bryson asked if Atty. Rogers had any adverse comments. Reply, no. MOTIONS Commissioner Bryson moved, seconded by Commissioner Carignan, to approve the request for extension. Motion passed unanimously by roil call vote. i i 1 r' 7 i I t� 1 I gi M n KENAI PLANNING h ZONING COMMISSION AUGUST 14, 1985 Page 3 7-c Lease Application - Lots 7 A 8, Concession Area - Warehouse, Raven Transit Chairman Lewis noted Mr. Wagoner has not withdrawn his lease. Admin. Asst. Gerstlauer explained there are 2 parties asking for the same property. Raven Transit claims the improvements on the property belong to them. The City claims the City owns the building. Atty. Rogers has said the City would enter into a lease with the building and the property. The lease expired June 1985. This would be a new lease. Commissioner Carignan asked if the time of filing took precedent. Admin. Asst. Gerstlauer replied, just the highest and beat use. Commissioner Bryson suggested both parties speak to P&Z. PUBLIC COMMENTS a. George Smith, Raven Transit. Regarding Atty. Rogers' decision that Raven does not own the building. City Manager Brighton's initials are on the application on an adjusting condition, that improvements on the premises are the property of the lessee. On the original sales agreement, Mr. Haynes purchased the lease with separate cost of the building. That is why Mr. Brighton showed on the lease that the building belonged to the lessee. Atty. Rogers had said on the next page the property goes back to the City on expiration. The intent is that the building belongs to the City. Commissioner Bryson requested City staff evaluate the situation. He asked if some of this was new information. Admin. Asst. Gerstlauer replied, no it says Raven owns it on one page and the City on another. The building only affects the lease rate. Chairman Lewis asked if the other application is contingent on the building being available. Admin. Asat. Gerstlauer replied, she did not know. City Manager Brighton said this is leased on an as -is, where -is basin. The improvements are the property of the lessee. The City did not want the appraisal of the building to go into the lease cost, but that does not change the fact that upon expiration all building and improvements are the property of the City. MOTION, Postponements Commissioner Smalley moved, seconded by Commissioner Oleson, to postpone action till applicants can meet with Administration and both come back with proposals. Motion passed unanimously by roll call vote. J' I M KENAI PLANNING do ZONING COMMISSION AUGUST 14, 1985 Page 4 7-d Vacation of Section Line within Valhalla S/0 Admin. Asst. Gerstlauer reported Engineer LaShot had no objection to this. MOTION: Commissioner Carignan moved, seconded by Commissioner Smalley, for a statement of non -objection to the vacation, allowing 10 ft. walkway to remain as shown on the plat. Motion passed unanimously by roll call vote. B. PLANNING a. Fred Mayer Proposal. City Manager Brighton reported, the City has a contract with them. The architects were in town last week. They want to get started clearing as early as next month. The heavy construction will be next Spring. They want the store open by Thanksgiving. Councilman Wise asked if they would clear cut. Answer, no. Commissioner Bryson asked if they have time to submit a landscape plan before excavating. Mr. Brighton replied, he doubted it. He thought it was not their intent to submit a landscaping plan till they get in and see what they will save. Commissioner Carignan said he was concerned with clear cutting, he would like a landscape plan. Mr. Brighton explained, there will be no clear cutting on the back side, just for the building and the front. They will have to submit a landscape plan before they occupy. Councilman Wise suggested they leave the parking lot natural till they need it. Mr. Brighton explained he is not in a position to tell them not to clear till they need a parking lot. Councilman Wise suggested if the City made a point they are prohibited from clear cutting, it would salve a lot of sensibilities. Commissioner Carignan noted their emphasis is on the use of natural vegetation. They are using 12% for landscaping. Commissioner Bryson noted it is their intent to do clearing in conformance with the plan submitted. 17 to 18 acres will be cleared eventually, but not at 1st building. Commissioner Smalley noted it will look like clear cutting till they put in the structure. F I J KLNA1 PLANNING & LUN1NG GUMMISSIUN AUGUST 149 1985 Page 5 b. Commissioner Osborne asked, what is the status on Lowry's mall property? He had heard they defaulted. Admin. Asst. Gerstlauer said they have caught up. City Manager Brighton explained Mr. Lowry is is title of the property so we will not know what he will do with it. 9. REPORTS 9-a City Council Councilman Wise reported the Aliak, McCollum, Cinderella, Fox, Princess, Linwood Ext. project had been awarded. The airport master plan will be updated with an environmental assessment of the float plane basin. There will be public hearings in Jan. 9-b Borough Planning Commissioner Bryson reported the section line on Valhalla was reviewed. Councilman Wise said Borough Mayor Thompson w had discussed land sales in the City, what is the Borough P&Z doing? Commissioner Bryson replied, there are none to his knowledge. There was a proposed land trade to expand the hospital in Soldotna for property behind Eadie's. Councilman Wise said they were planning a land sale in the Fall. City Manager Brighton said the Borough is claiming they do not have the power to build Swires Rd. to the ; proposed elementary school and did not have enough money for water & sewer. They are looking to the City to pay for it. He and Mayor Wagoner attended a meeting at the Borough regarding this. He proposed the Borough transfer an equal amount of property around the school to reimburse the City. This was not accepted. Mayor Wagoner had suggested if the Borough put up 60 acres surrounding the school for sale, the City may consider putting in water & sewer. Mr. Brighton ' felt if the Borough has power to build and maintain schools they have the power to build amenities to the schools. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS 11-a Council Agenda No discussion. KENAI PLANNING & ZONING COMMISSION AUGUST 14, 1985 Page 6 12. COMMISSION COMMENTS & QUESTIONS a. Commissioner Carignan requested Admin. Asst. Gerstlauer sit in front to be on record. b. Commissioner Bryson asked about the status on the face lift of the bowling alley. City Manager Brighton replied he had not heard anything on it. It does not have to be done till Dec. c. Commissioner Oleson asked Commissioner Zubeck when he will start on Princess Lane. Commissioner Zubeck replied, he will start clearing 8-19 and finish by July 1986. They will start on Princess and work east. d. Commissioner Osborne asked how they go about doing the CAP parking lot. City Manager Brighton replied the City will do it as soon as they want it done. 13. ADJOURNMENT eMeeting ��a%%dj��o%urned at 705 PM. zwy d/ t.L('iwvl Janet Whelan City Clerk t' 1" n Ij 11-6 KENAI PLANNING 8 ZONING COMMISSION Special Meeting, August 7, 1985 - 6:00 P.M. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Presents Lewis, Bryson, Carignan, Osborne, Smalley, Zubeck Absent: Oleson (excused) 2. OLD BUSINESS a. Review of Site Plans Lease Application for Tracts B-1 h 6-2, CIIAP S/D - Retail Mall - Fred Mever_Real, Estate. Inc. Mr. Jerry Baysinger and Mr. Jim Heitert appeared before the Commission an behalf of the Fred Meyer company, presenting colored renderings of the proposed complex. Mr. Baysinger explained that the building is proposed to be between 150 - 128,000 sq. ft.; a full service operation; construction to begin in the spring on the main building; the site work and pad to begin this fall; will employ 130 to 170 perRons with as many to be hired locally as possible, including both the construction phase and the operational phase. The site plan is conceptual but will not vary in detail much more than allowing a few feet more or less on the building. Two access points are planned for the Spur Hwy, two off Airport Way, and at the time the westerly and northerly tenants are ready, one access extending Granite Point Street across Ryan's Creek and one parallel to Ryan's Creek running behind the Dairy Queen. The Commission questioned the space available for an access, Bill Brighton assured the Commission that there was 60' which is adequate for the access plus space for the trail and the Union substation and gas line. The tenants will be developing their own pads. The Commission asked if the southeasterly pad was the proposed site of MacDonald's as advertised in the newspaper, answer yes. The preparation of the site will include stripping the trees, however, the intent is to meet with the local extension service agent to ascertain if there are acceptable trees that can be left on the site to enhance natural landscaping. Fire hydrants will be provided on -site due to the large site. Water & sewer will come from Airport Way. . I PLANNING COMMISSION Special Meeting August 7, 1985 Page 2 "Fred Meyer looks to be a strong community participant and a good neighbor." Commissioner Carignan asked about snow removal and landscaping, Mr. Baysinger answered that there will be trees, ground cover, whatever is recommended by the extension agent; the snow will be piled on tenant spaces until they are operational, then the snow will be removed. Commissioner Smalley asked if the plan will be going to the Landscaping Committee, answer yes, must go before the Committee before building permit can be issued. MOTION: Commissioner Bryson moved approval of the lease application for Fred Meyer, Tract B-1 A B-2, CIIAP S/0, retail mall, seconded by Commissioner Osborne. Commissioner Bryson wished to state for the record that his company has been approached by the Fred Meyer firm, however, he will be voting. VOTE s Motion passed unanimously. Bill Brighton asked to be heard, Chairman Lewis agreed. Bill Brighton presented a lease amendment that was going to be hand carried to Council for their meeting immediately after the Commission meeting. The amendment deals with changing the use of the property from tie -downs to hanger/ offices. This will make the lease a higher and better use as well as bring in more revenue to the City from the property. MOTIONS Commissioner Bryson moved to add this item to the agenda, seconded by Commissioner Smalley Since the City Attorney was in attendance, the Commission asked the legality of adding an item to the agenda of a special meeting, answer, since the Commission is in an advisory capacity in this instance it would be indicative of the Commission's intent to the Council. VOTES Motion passed unanimously. �, ■ PLANNING COMMISSION Special Meeting August 7, 1985 Page 3 b. Lease Amendment: Lot 1, Blk 2, GAA S/D - for Construction of Building - SouthCentral Air The Commission asked if there were any comments or objections from Administration or the Airport Manager, answer, no objection from either, and the Airport Manager recommends the intended construction to be a higher and better use. MOTION: Commissioner Bryson moved to recommend approval of the modifications to the lease on subject tract, seconded by Commissioner Smalley. VOTES Motion passed unanimously. Commissioner Smalley noted that there either is or was a trailer that was being used by SouthCentral for freight, and if it is still there, would it have to be moved, answer, it can and will be made a condition of approval when it goes before the Council. 3. COMMISSION COMMENTS & QUESTIONS None 4. ADJOURNMENT There being no further business, the meeting was adjourned at 6:40 PM. I 9 IV - / ,r,✓w - I KENAI PENINSULA BOROUGH RRrITTA2 ACSFMRtV MFRTTMr JULY 16, 1985, 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A G E N D A- h�G7991, �^> Page No. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Assemblymember David Ca 1 D. ROLL CALL : •.'' 1 E. VACANCY. DESIGNATION OR SEATING OF ASSEMBLYMEMBER F. APPROVAL OF MINUTESs May 30, June 11 and July 2 1 G. COMMITTEE REPORTS* In lieu of individual committee meetings members met as a whole to hear a presentation from bond counsel Wohlforth 6 Flint. (a) Education (Walli, Johnson, Mullen. Skogstad) (b) ;inance (Crawford, Casey, Fandel, Nash) (c) Land Acquis./Disposal (Keene, Johnson. Moore) (d) Legislative (Dale. Keene, Skogstad) (e) Local Affairs (Carey, Moore, Stephens) (f) Public Works (Sewall, Dale, McGahan) (g) Natural Resources (McGahan. Dale. Mullen, Stephens, Glick) ln) Data Processing Steering (Glick. Nash) H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 85-133 "Supporting the Efforts of the 4esresident rn Determining the Status of and Return of the 2,464 U.S. Servicemen or Their Remains Missing in Southeast Asia and Recog- 1 Adopted nizing July 19, 1985 as P.O.W./M.I.A. Day" (Nash) 1. ORDINANCE HEARINGS (a) Ord. 85-37 "Establishing the Ridgeway -Sterling Fire Service Area to Provide Fire Protection Services, and Providing for an Elected Board" 2 Enacted (Mayor) As Amend Ord. 85-37(Alternate) "Establishing the Ridgeway- Kallfornsky-Sterling"Fire Service Area to Provide 2 Not Fire Protection Services, and Providing for an Addressed Elected Board" (Mayor) b) Ord. 84-43 "An Ordinance Establishing the Kali- orni—sTq Fire Service Area to Provide Fire Protec- tion Services, and Providing for an Elected Board" 4 Not (Mayor) Addressed Ord�8ubstitute "Establishing the Kaliforn- sNy Fine esv ce sea to Provide Fire Protection 4 Enacted Services, and Providing for an Elected Board" As Amended (Mayor) (c) Ord. 85-42(Substitute) "Authorizing a Land Exchangge e eea a ens Peninsula Borough and Lawrence H and Florence T. Lancashire in Order to Acquire Right - of -Way for the Realignment of Sports Lake Road in 5 Carried Ridgeway" (Mayor) (Defeated, with Reconsider. 7-2) to 8-6-85 1 P490 No. J. INTRODUCTION OF ORDINANCES (a) Ord. 85-53 "Authorizing Indebtedness By the Iesuanco orueneral Obligation Bonds in an Amount Not to Ex- ceed $2,500,000, for the Purpose of Dosigning, Constructing Equipping North and the Peninsula Recr0ationa Facility, Pledging and Full Faith and Credit of the North Peninsula Recreational Service Area with Payment of the Indebtedness to be Derived from Taxes Levied Within the North Peninsula Recrea- tional Service Area, and Subject to Approval Byy the Voters at the Regular Election of October 1, 1985" 5 Sat Hrg i (Mayor) (b) Ord. 95-54 "Authorizing the Receipt of Various Grants ro�-9tata of Alaska Totalling $860 000 Made By Chapter 96, Session Laws of Alaska, 1981, and Appro- 5 Set Hrg priating the Funds to Project Accounts" (Mayor) (c) Ord. 85-55 "Authorizing the Issuance of Revenue Bonds— T on Amount Not to Exceed $230 Million for the Purpose of Constructing a Public Port 5 Set Hrg Facility at Granite Point" (Mayor) K. CONSIDERATION OF RESOLUTION$ (a) Res. 85-118 Sbst "Requiring Assembly Approval for '�zave e o the Borough by Individual Assembly 6 Defeated Members" (Stephens and McGahan) CONT'D FROM 7.2 (b) Res. 85-121 "Setting Procedures for Summer Employ- 7 Defeated manF-iiMng„ (McCahan) Motion to Reconsider 8-6-85 (c) Res. 85-126 "Authorizing and Directing the Mayor TEomance Condemnation Proceedings to Acquire the Necessary Right -of -Way for the Sports Lake 8 Carried Road Realignment (Mayor) POSTPONED 7-2 to 8-6-85 (d) Res. 65-122 "Amending the Allocation of Grant runal YrovIded in Resolution 84.34 by Transferring 8 Not $66,407 from Feuding Lane to Lamplight Road" (Mayor) Addressed (a) Res. 85-127 "Amending the Allocation of Municipal mounds Provided in Ordinance 85-46 By Transferring $700,000 from the Contingency Account 8 Adopted to Robinson Loop Road" (Mayor) (f) Res. 85-128 "Granting a 30 Foot Wide Public Right- o - a'i'ZT y ii Boss Borough Patented Lands Within Section 2, Township 5 North, Range 8 West, Seward Meridian 10 Adopted to Match a 30 Foot Wide Dedicated Right -of -Way Known as Bear Road" (Mayor) (g) Ras. 85-129 "Authorizing a Contract for the Con- s suiTnspection of to Road Phase III In 10 Adopted an Amount Estimated at 526. 46 to Wince Corthell Bryson" (Mayor) (h) Res. 85-130 "Providing for a Ballot Proposition to c u re a Areawide Power to Provide funding for Senior Citizen Programs Within the Kenai Peninsula 10 Adopted Borough" (Dismick) (i) Res. 85-131 "Approving the Award of a Contract to qllty It for t a Construction of L� p g amRoad Phase 111(Mayor) 11 Adopted (j) Res. S5-132 "Approving the Award of a Contract to Quality Asphalt for the Construction of North Fork Road Paving (North Anchor River Road)" 11 Adopted n 'L r'> ; page No. (k) Res. 65-135 "Supporting a Rural Development Assis- tanoe from the Alaska Oepartmontr of Community and Regional Affairs for the Ninilchik Senior 11 Not Citizens, Inc." (Dimmick) Addressed L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedi not for action this meeting) (a) Ord. 85-49 "Approving an Increase in the Kenai Peninsula Borough School District's Budget in $142,371 the Amount of for Fiscal Year 1984-85" (Mayor) (Finance/Education Cmts)(HEAR 8/6) (b) Ord. 85-49 "Authorizing the Receipt of a Grant From the State of Alaska Totalling $50,644 Made by Chapter 96, Session Laws of Alaska 1985, and w Account"?(Mayor)n(finance/Public.WorksnCmt) gancpy (HEAR 8/6) (e) Ord. 85-50 "Establishing the Keystone Estates Zoning District" (Mayor, Req. Pln. Cmsn.)(Land) (HEAR 8/6) (d) Ord. 85-51 "Authorizing Indebtedness By the Issu- ance of General Obligation Bonds in an Amount Not to Exceed 8 , for the Purpose of Designing, nag ng, nspec ng, Improving, Con- structing Equipping the Central Peninsula High, Band HokppesSchoolhandenai Additionstoa8oidotnaski Elementarya�. School..." (HEAR 8/6) (a) Ord. 85-52 "Providing for the Acquisition of Municipal Power Necessary to Provide for Improve- ments to (And Maintenance On) Roads Maintained or Qualified to I LocaleAffairs Cmtes)(PHEEAAiR 8/6) (f) Ord. 85-34 "Enacting a Now Chapter 2.60 to the Borough Code to Establish a Youth Commission and to Provide for the Involvement of Young People in Local Government" (Postponed 6-18 to 8/6) (g) Res. 85-22 "Supporting the Applications of the City of Homes and Kachemak City for Transfer of Lands From the State for Public Use" (Dimmiek) PSTPND 2/5 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT y .i 0. OTHER BUSINESS (s) Application of Sourdough Sal's It for 12 Restaurant/Eating Place License (Memo) ' P. ASSEMBLY AND MAYOR'S COMMENTS Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA J R. INFORMATIONAL MATERIALS AND REPORTS (a) Vacation of Section Line Easements Between I' SeiriCr=oekll'Y12iubdivisioa ?1N, R1W, S.M., l S. NOTICE OF NEST MEETING AND ADJOURNMENT (August 6, 1985) 13 I 1 a KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16, 1985, 7s30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER President Dimmick called the meeting to order at approximately 700 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATIONs Assemblymember David Carey gave the invocation. D. ROLL CALL PRESENTS Nash, Walli, Mullen, CareMoore, Dimmick, McGahan. Stephens, Skogstad, Sewall,y, Johnson EXCUSEDs Crawford, Keene. Glick, Dale, Fandel E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER F. APPROVAL OF MINUTESs May 30, June 11 and July 2 Minutes were approved as amended. G. COMMITTEE REPORTS* (a) Education (Walli, Johnson, Mullen. Skogsted) (b) Finance (Crawford, Carey, Fandel, Nash) (c) Land Acquis./Disposal (Keene, Johnson. Moore) (d) Legislative (Dale, Keene, Skogstad) (e) Local Affairs (Carey, Moore, Stephens) (f) Public Works (Sewall. Dale, McGahan) (g) Natural Resources (McOahan. Dale, Mullen, Stephens, Glick) (h) Data Processing Steering (Glick, Nash) *Committees did not meet individually but as a group for a presentation by bond counsel, Wohlforth 6 Flint. H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 85-133 "Supporting the Efforts of the President n Determining the Status of and Return of the 2.464 U.S. Serviceman or Their Remains Hissing in Southeast Asia and Recog- nizing July 19, 1985 as P.O.W./M.I.A. Day" (Nash) Approved by unanimous consent. (b) Vacation of Section Line Easements Between Sections It. 12 13 and 14, TIN, R1W, S.M., Beat Creek "Y" subdivision Per motion by Mr. Sewall, the vacation was placed on the consent agenda in order to provide an earlier effective date. A motion was needed affirming Planning Commission action rather than Ietting the vacation become effective through the 30-day elapsed time provision with non -objection. Thera was no objection to the motion and the vacation was approved by unanimous consent. Assomblymomber Moore requested item I (e), MTR (Motion to Reconsider) Ord. 8 -42 (Subst.) be placed at the and of agenda consideration. Asssmblymember McCohan requested the companion resolution, 85-126, also be placed at the and of agenda consideration. There was no objection. -1- KENAI PEMIUSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16, 1985 1 ASSEMBL_YM_EM_B_ER_ NASH MOVED TO REIMBURSE ANY EXPENSES INCURRED BY ITUVAM rAK'1 LLD (YLt1011 llU 7{Its R{{L f� I:IL VI / iVA 1YY YI'IYM• •R.{ .V Val. POINT JULY 15, 1985. ASSEMBLYMEMBER CAREY MOVED CONSIDERATION OF`THE MOTION BE REFERRED TO THE FINANCE COMMITTEE TO DETERMINE APPROPRIATE REIMBURSEMENT REQUESTING A REPORT BACK TO THE BODY AT THE AUGUST 20th MEETING. THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. THE JULY 16. 1985 AGENDA WAS APPROVED AS CORRECTED. I. ORDINANCE HEARINGS (a) Ord. 85-37 "Establishing the Ridgeway -Sterling Fire Service Area to Provide Fire Protection Services, and Providing for an Elected Board" (Mayor) Ord. 85-37(Alternate "Establishing the Ridgeway- t�aT ores y- er ng Fire Service Area to Provide Fire Protection Services, and Providing for an Elected Board" (Mayor) Public hearing was opened on Ordinance 85-37 and Ordinance 85-37 (Alternate). Mr. Dan France voiced opposition to the fire service area as he felt actual service provision would be inadequate as compared to the increased tax levy. He did not want to see the question on the ballot. Mr. Dick Bogard expressed opposition based on his feelings Sterling is a more rural area with no plans for extensive development. Thus, landowners who plan no improvements would be assessed for areas where there are structures. He supported the concept of a volunteer fire department. He felt the reported fire insurance rate decline would not offset the service area assessment. Assemblymember Moore, member of the Local Affairs Committee, noted effective January 1, 1986 the option of taxing only impprovements and not raw land would no longer be possible per Title 19, eliminating this choice for the Borough. Len Bunts asked the Assembly to put the issue on the ballot allowing residents of Ridgeway and Sterling to have a say whether they want fire protection service or not. He referred to a questionnaire previously submitted indicating residents preferred a combined Sterling -Ridgeway service area. He advised in the existing Ridgeway Fire Service Area the increased tax levy had been offset by lower insurance rates. Mrs. Walli asked in an election ballot question, would it be possible to distinguish Ridgeway voters from Sterling voters. Atty. Boedeker said while the voters would be recorded by precinct, it would be a combination of both areas considered as the final vote. In response to Mrs. Walli's question, Mr. Bunts indicated the area favored the Ridgeway -Sterling combination as opposed to Ridgeway-Sterling-Kalifornsky. Walter Gledy proposed the Assembly consider the question through at least another meeting so all information could be obtained. He noted he had presented an insurance schedule which he felt failed to show a rate decline. Sharon Hobbs oppressed support for the question appearing on the ballot providing the opportunity for landowners to express their wishes. Jim Foute felt each area should vote to determine if the area wanted to be involved in fire protection services. He was in support for a service area for Kalifornsky Beach. The public hearing was closed as their was no more testimony. -1- • n J KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY lb 1985 ASSEMBLYMEMBER CAREY MOVED FOR ENACTMENT OF ORDINANCE 85.37. Mr, Carey indicated there had been eight (8) public hearings in the past eight (8) months. The Committee felt it was their responsibility to determine if there was a legitimate need and should a vote be conducted. There determination was a ballot question was necessitated and the Committee then decided how the question should appear on the ballot. It was determined at this time a comprehensive plan (combination of all three) was not feasible nor was there support. Through petitions and the hearing process, Sterling residents had expressed their interest and support for ballot consideration. The Ridgeway Fire Service Area had conducted a poll reflecting support for a combined Ridgeway -Sterling area. He advised the adoption of a combined area ballot question would abolish the existing Ridgewayq Fire Service Area and establish a new combined service area. hta said as far as savings on insurance, it would depend on the individual condition. SSEMBLYMEMBER MOORE MOVED TO AMEND 16.64.080 Fiscal procedures, ADD TEM "G, No tax levy for operation of the service area shall aYcand . voters of the service area at on October 1, 1985 1 ADD max( Fal by the to be held Mr. Skogad asked *van thouggh the voters might set a maximum level of mills bsty a vote wouldn't it be limited to a two-year restriction. Mr. Bosdsker confirmed voter adopted referendums couldn't be amended for a two-year period but would then be open for amended change or repeal. Mrs. Walli asked if administration and operr!l.on of the Ridgeway Service Area exceeded the two -mill rate and was advised it does not. Mr. Nash asked what the current mill rate is in Ridgeway and was told it is 1.83. scheduled to be reduced to 1.4 in July. Mr. Moore noted inclusion of the word only in Section 2 which was incorporated in the amendment with no ob ec ion. THE MOORE MOTION TO AMEND WAS ADOPTED BY UNANIMOUS CONSENT. Mrs. MCCahan expressed hoe that both pro onsets and opponents actively campaign in the affected areas to educate the public prior to a vote. Mr. Skogstad asked Mr. Carey about results of a questionnaire sent to Sterling residents. Mr. Carey advised Mr. Bunts had done the surve however, at a Local Affairs Committee meeting a poll reflected 16 favoring Ridgeway -Starling combination, I in favor of voluntary only, and I in favor of Sterling only. Mr. Bunts said 635 questionnaries were mailed on a one (1) per household basis. The total response (94 from the mailing and as submitted at the Sterling School hearing) to the questionnaire reflected 49.2% favored Ridgeway -Sterling, 21.5% volunteer. 16% Starling only, and 13.3Z wantingnothing. He reflected there were 1101 registered voters in the affected arse and the questionnaires had been sent from the registered voters list. Mr. Skogstad observed the people in Sterling perhaps wouldn't be given an opportunity to say whether they wants, to be sncumbered into a service area as Ridgeway residents have already indicated their desire for protection through previous establishment of the Ridgeway firs Service Area. Mr. Carey said part of the consideration of establishing of a Sterling only service area, had been the fact the Ridgeway people felt they would be able to provide a high degree of service very quickly as they are already in place. Mr. Moore advised most support had been for a combined area. He also pointed out the -3- F�� KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING, JULY 16, 1985 Ridgeway Fire Service Area had mailed a questionnaire and the board had offic411v anderaad rhw nrnnnalrinw ORDINANCE 85-37, AS AMENDED, WAS ENACTED §Y A UNANIMOUS VOTE OF 11 YES. (b) Ord. 84-43 "An Ordinance Establishing the Kali.orni sTcy=re Service Area to Provide Fire Protec- tion Services, and Providing for an Elected Board" (Mayor) Ord. 84-43CSubstitute> "Establishing the Kaliforn- s y ra Iry ce rea to Provide Fire Protection Services, and Providing for an Elected Board" (Mayor) Public hearing was opened on Ordinance 84-43 and Ordinance 84.43 (Substitute). Per Mrs. McCahan's inquiry, it was noted the correct boundary legal description was reflected in Ord. 84-43 (Subst.) Suzanne Weller of Beluga Bay Estates advised about 260 people had signed a petition for fire service in the area. Ms. Weller and Robin Nyce stated even though there was opposition, there was enough support to validate putting the issue on the ballot. Betsy Arbelovsky referred to a copy of the original petition submitted A ril 17 1984, She noted per the last census the K-Beach area has 1199 resLstered voters, one of six (16%) who had signed the petition stating they wanted a fire service area with a two mill ceiling. Frank Krexberger and Tommy Corr appeared expressing opposition as they felt the service couldn't be provided for a two -mill levy. James Beck expressed opposition stating one reason he lived outside city limits was to avoid government involvement. He felt it questionable how valuable fire service protection would be to him as he lived several miles outside city limits. He felt establishment of such a government entity would only result in proliferation of additional services and costs once established. ASSEMBLYMEMBER CAREY MOVED ENACTMENT OF ORDINANCE 84-43 (SUBSTITUTE). Mr. Carey noted the Assembly had been dealing with the Kalifornsky fire service question for sixteen months, with a number of hearings in 1984. It was found the Ka:ifornsky precinct stretched across the inlet and provision of fire protection would be impractical in this area. Therefore, the Substitute reflected a corrected legal boundary description to account for this consideration. ASSEMBLYMEMBER MOORE MOVED TO AMEND 16.64.080 Fiscal Procedures, ADD wr- or4inance takes e ee on u y To-rough after approval by the voters of the service area at the regular o-rrou h election to be held on -October 1. 19851 ADD except that KPB 16.64.080 fai sattina A 9 THE MOORE AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. i Mr. Sewall, Mr. Moore, Mr. Nash said while it was clear there was more opposition to establishment of this service area, they would vote for passage to give residents an opportunity to vote on the ballot question. Mr. Stephens stated the ordinance would provide a forum for the public to speak through the ballot box. ORDINANCE 84-43 (SUBST.) WAS ENACTED ON A UNANIMOUS VOTE OF 11 YES - 4 - A KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING_JULY 16. 1985 (c) Ord. 85-42(Substituto) "Authorizing a Land Exchange t: -isa K611"! recTueula ourougn and Lawrence x. and Florence T. Lancashire in Order to Acquire Right - of -Way for the Realignment of Sports Lake Road in Ridgeway" (Mayor) (Defeated, with Reconsider. 7-2) MOVED TO END OF AGENDA FOR CONSIDERATION. J. INTRODUCTION OF ORDINANCES (a) Ord. 85-53 "Authorizing Indebtedness By the Issuance or GeneraTObligation Bonds in an Amount Not to Ex- ceed $2,500,000, for the Purpose of Designing, Constructing and Equipping the North Peninsula Recreational Facility, and Pledging Full Faith and Credit of the North Peninsula Recreational Service Area with Payment of the Indebtedness to be Derived from Taxes Levied Within the North Peninsula Recrea- tional Service Area. and Subject to Approval Byy the Voters at the Regular Election of October 1, 1985" (Mayor) ASSEMBLYME14BER JOHNSON MOVED INTRODUCTION OF ORD. 85-53 AND REQUESTED A HEARING DATE OF AUGUST 20, 1985. ORD. 85-53 RECEIVED UNANIMOUS APPROVAL FOR INTRODUCTION WITH A HEARING DATE OF AUGUST 20. (b) Ord. 85-54 "Authorizing the Receipt of Various Grants som trio Ttate of Alaska Totalling $860 000 Made By Chapter 96, Session Laws of Alaska. 1981, and Apno- priating the Funds to Project Accounts" (Mayor) ASSEMBLYMEMBER SEWALL MOVED INTRODUCTION OF ORD. 85-54 AND REQUESTED A HEARING DATE OF AUGUST 20, 1985 REQUESTING UNANIMOUS CONSENT. ORD. 85-54 WAS INTRODUCED BY UNANIMOUS CONSENT. (c) Ord. 85-55 "Authorizing the Issuance of Revenue Bonds in in Amount Not to Exceed $250 Million for the Purpose of Ae uiring and Constructing Docks, Wharves and Related Port Facilities in the Borough with the Payment of the Bonds to be Made by Users and Persons Other than the Borough, Subject to Approval of the Voters at the Regular Election of October 1, 1985." ASSE14BLYMEMBER NASH MOVED INTRODUCTION OF ORD. 85-55 AND REQUESTED A HEARING DATE OF AUGUST 20, 1985 REQUESTING UNANIMOUS CONSENT. Assemblymembers Moore, Sewall, Nash, Carey and Walli expressed various reservations but were unified in stating the ordinance should be introduced and go through a public hearing. At the request of Mr. Stephens, Mr. Eric Wohlforth addressed the Assembly to give an overview of industrial revenue bonding. Mr. Wohlforth explained the proposed $250 million industrial revenue bond proposal would not involve any liability on the Borough's part. If authorized by the ordinance and approved by voters, the financial obligation would be solely the users of the facility including Diamond Shamrock who will construct it. Mr. Carey asked if there ware economic failure of Diamond Shamrock or other investors, could it be assured the Borough would have no obligation to pay off the debt. Mr. Wohlforth stated under this type of bond issue there is no way the municipality incurs liability for debt incurred by the project or developers. Mr. Wohlforth advised ownership is an option not a commitment. He further advised the bonds would expressly not be a liability of the Borough nor would the Borough's credit be involved for the indebtedness. Mr. Carey then asked why the Borough was involved in the proposed issue of the bonds. Mr. Wohlforth said in order for the bonds to be federally tax-exempt per the IRS Code, the issuing entity must be a political subdivision. -5- KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING Jtl,Y 16, 1985 Mr. Wohlforth assured the Assembly the industrial occupant per operating documatma wuulu ueac Lire aLauiiicy for operations and the Borough would in no way be responsible. Mr. Johnson asked if the bonds would generate any income for the Borough. Mr. Wohlforth said it was possible and in fact it was typical for the issuer to indicate a fee (up to 12 of face amount of issue) for use of the municipality's issuing powers. Mrs. McGahan asked if at the time the specific language is drawn up for ballot printing, could the fact Borough taxpayers are not incurring any liability be incorporated. Mr. Boedeker believed it could. Mrs. Walli asked if after the 30-year obligation is met and the Borough owns the facility and were to issue a 30-year lease to the occupant, would liability still be the company's. Mr. Boedeker said when a lease is drawn up language could be inserted specifying the company's responsibilities including liability. Mrs. Walli asked if other users would incur responsibility or liability. Mr. Boedeker indicated that generally the company would be the operator and other users would fall under their authority. ORDINANCE 85-55 WAS APPROVED FOR INTRODUCTION BY UNANIMOUS CONSENT. K. CONSIDERATION OF RESOLUTIONS (a) Res. 85-118(Sbst) "Requiring Assembly Approval for Trave s e% the Borough by Individual Assembly Members" (Stephens and McGahan) CONT'D FROM 7-2 ASSEMBLYMEMBER STEPHENS MOVED ADOPTION OF RES. 85-118 (SBST.). Mr. Stephens stated the idea behind the resolution was provide more accountability for members to the body and the constituency. ASSEMBLYMEMBER STEPHENS MOVED TO WITHDRAW HIS PROPOSED AMENDMENT OF JULY 2. 1985; SECTION 2. INSERT "out of pocket" AFTER "That.." in the first line of the section. ASSEMBLYMEMBER NASH REITERED HIS PROPOSED AMENDMENT TO SECTION 2., REINSERT ORIGINAL LANGUAGE "That expenses for specifically budgeted travel shall require no further assembly review and approval. Mr. Stephens pointed out Section 3. of the Substitute reflected this language from the original resolution. ASSEMBLYMEMBER NASH WITHDREW HIS MOTION TO AMEND SECTION 2. Mrs. McGahan pointed out reports are required for out of state travel but she felt it was reasonable to require reports for out of Borough travel. Per her request to the Clerk's Office, she found some reasons for travel were listed as lobbying which she had never heard discussed. In "emergency" situations requiring representation of the Borough in Juneau, she felt administration could serve that function. Mr. Sewall said while he didn't have a problem with the resolution he also didn't feel there had been a "problem" with travel this past year. He did feel Section 2, provision that the report be submitted in time to be included in the packet for the next regular meeting was not realistic. ASSEMBLYMEMBER SEWALL MOVED TO AMEND THE FIRST WHEREAS, LINE 1.. STRIKE "expends" ADD "expand" AND ASKED UNANIMOUS CONSENT. THERE WAS c NO OBJECTION. Mrs. Walli felt there were situations which required assemblymembers to make last minute trips. She was of the oyinion the people have i entrusted members as stewards of their dollars and it was not probable there would be abuse of this trust. Mr. Nash agreed assemblymembers should be accountable for travel. However, he felt it was the responsibility of the President or the - 6 - 71 F„ ` KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16 1985 Chairperson of the involved committee to decide when these trips are ,f_ C_,_ -.o:�. .. I- — 1ryWL6& auvuiu ve to the committee chairperson which would then in turn be reported to the Assembly under committee reports. ASSEMBLYMEMBER CAREY MOVED TO AMEND RES. 85-118(SUBST.) BY STRIKING ' SECTION 2. Mr. Carey said he agreed with the intent but had difficulty with trying to legislate ethics by a written report. ! THE CAREY AMENDMENT FAILED ON A VOTE OF 8 YES, 3 NO; Moore, McGahan, ! and Stephens voting No. Mr. Skogstad urged defeat of the resolution. RESOLUTION 85-118 SUBST. WAS DEFEATED ON A VOTE OF 8 YES, 3 N0t Moore, McGahan and Stephens voting No. (b) Res. 85-121 "Setting Procedures for Summer Employ- ment (McGahan) ! ASSEMBLYMEMBER MC GAHAN MOVED ADOPTION OF RESOLUTION 85-121 AND ASKED UNANIMOUS CONSENT. There were several objections. Mr. Sewall stated he specifically objected to Seciton 4. g i P Y j prohibiting rehire of summer help. He felt valuable experience and training is j being thrown away if the individual is not eligible for rehire. Mr. Moore expressed the same sentiments. Mr. Nash asked Richard Campbell, Personnel Director, what percentage of summer help are students. Mr. Campbell indicated that of the 24 open position now filled, all but four (4) were students. The four non -students were the result of required specific experience - extensive carpentry experience. He said another reason for hiring students is due to the high unemployment on the peninsula. If after the summer work season is over, individuals were to file for unemployment the Borough incurs costs of $300-500 per person. Students are not eligible for unemployment compensation. ! ASSEMBLYMEMBER CAREY MOVED TO AMEND BY STRIKING SECTION 5. Mr. Carey felt it discriminatory to single out employees of the Borough or School District and the requirement of extensive paperwork. Mrs. McGahan said she too felt it was unfortunate to have to train new employees every year. However, she felt it the only way to curtail the incidence of employees' children comprising such a large percentage of the whole. ASSEMBLYMEMBER MOVED TO AMEND RES. 85-121. STRIKE SECTIONS 1, 2, 3, and 4+ ADD NEW SECTION 1. "The Borough will hire (--•-) persona for summer hire that are immediate tamii me ers o o ees o t e porous coo strict, c o0 oar or ssem vm ere The Borou hwill hire (----) Qersons from the public at large. All names will be a@tesmined by lottery. - Mr. Stephens felt a lottery would be a truly fair way to deal with ' the situation. Mr. Nash expressed opposition to the amendment and as the applicants are screened by Job Service pprior to interview, he felt the integrity of the process was intact. Mr. Sewall also expressed disagreement as he felt it was the duty of the Borough to spend taxpayer dollars as efficiently as possible by hiring the best possible employees rather than drawing a name out of the hat. Mrs. Walli expressed agreement with Mrs. McGahan but spoke against the Stephens amendment. She noted she had never seen advertisement by the Borough for these summer hire jobs. Mr. Campbell advised the Code provides the Borough can go through job service rather than advertise which was how it had been done through Homer, Seward and Kenai Job Service offices. J -7- i L KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16, 1985 ASSEMBLYMEMBER MC GAHAN MOVED TO POSTPONE RES. 85-121 TO AUG. 20 AND REFERRAL TO THE LOCAL AFFALoc C*�M LTTEE THE MC GAHAN AMENDMENT TO POSTPONE FAILED ON A VOTE OF 5 YES, 6 NOs Walli, Moore, Dismick, McGahan and Stephens voting Yes. THE STEPHENS AMENDMENT FAILED ON A VOTE OF 9 NO, 1 YESs Stephens voting Yes, one member temporarily absent. TVE CAREY AMENDMENT TO DELETE SECTION 5 FAILED ON A VOTE OF 6 YES, 5 NO; Walli, Mullen, Moore, Dimmick. and McGahan voting No. ASSEMBLYMEMBER NASH MOVED TO AMEND BY STRIKING SECTION 4. IN ITS ENTIRETY. Mrs. McGahan spoke against the amendment as she felt it was the only way to assure prevention of the problem. Mayor Thompson said the Borough is handling taxpayers' monies and the program was not a make-work program. He said the students had been rehired because of their experience and how they did the job. Eventually, these college students would work themselves out of the system upon completion of their schooling and others would coma in. He felt a problem was being "created" which didn't exist. THE NASH AMENDMENT TO STRIKE SECTION 4 WAS ADOPTED ON A VOTE OF 9 YES. 2 NOs Walli and McGahan voting No. RESOLUTION 85-121 FAILED ADOPTION OF A VOTE OF 3 YES, 8 NO Walli, Moore and Dimmick voting Yes. ASSEMBLYMEMBER MC GAHAN GAVE NOTICE OF MOTION TO RECONSIDER FOR THE AUGUST 6, 1985 ASSEMBLY MEETING. (c) Res. 85-126 "Authorizing and Directing the Mayor to oom nce Condemnation Proceedings to Acquire the Necessary Right -of -Way for the Sports Lake Road Realignment (Mayor) POSTPONED 7-2 MOVED TO END OF AGENDA CONSIDERATION. (d) Res. 85-122 "Amending the Allocation of Grant unl�—'divided in Resolution 84-34 by Transferring $66,407 from Feuding Lane to Lamplight Road" (Mayor) (a) Res. 85-127 "Amending the Allocation of Municipal ALd GrANFunds Provided in Ordinance 85-46 By Transferring $650.000 from the Contingency Account to Robinson Loop Road" (Mayor) ASSEMBLYMEMBER WALLI MOVED TO REMOVE RES. 85-127 FROM THE CALENDAR AND REFERRAL TO A SPECIAL COMMITTEE OF FOUR (4) CONSISTING OF ONE REPRESENTATIVE FROM EACH ASSEMBLY DISTRICT TO BE APPOINTED BY THE PRESIDENT WITH A REPRESENTATIVE FROM THE PUBLIC WORKS DEPARTMENT AND A REPRESENTATIVE FROM THE PLANNING DEPARTMENT. THE COMMITTEE IS INSTRUCTED TO: 1) STUDY AND COORDINATE EFFORTS WITH THE ALASKA DEPARTMENT OF TRANSPORTATION ON THE ENGINEERING AND PLANNING OF A ROUGH DRAFT PRELIMINARY OF THE SPUR ROAD TO BE COMPARED TO THE ACTUAL RIGHT OF WAY REQUIRED TO BUILD THE SPORT LAKE INTERSECTIONS 2) STUDY THE BOROUGH PRIORITY LIST ROAD PROGRAM AND COMPARE TO a) ALL THE BOROUGH'S FOUR DISTRICT ROADS THAT ARE PRESENTLY MEET THE CRITERIA FOR LSRT FUNDS, b) ALL SECONDARY ROADS WITHIN THE BOROUGH'S FOUR DISTRICTS AND DETERMINE THE ACTUAL VEHICULAR COUNT AND DAILY USE AND USER GROUPS, c) ALL GRAVEL COLLECTOR ROADS IN THE BOROUGH'S FOUR DISTRICTS AND DETERMINE THE VEHICULAR COUNT, SUBDIVISION, AND DAILY USE AND USER GROUPS TO DETERMINE UPGRADItIG TO SECONDARY MAINTENANCE STANDARDS. 3) THE ROAD STUDY SHOULD LOOK INTO ALL THE BOROUGH'S FOUR DISTRICTS ROADS UNDER THE BOROUGH ROAD MAINTENANCE PROGRAM AND STATE SECONDARY -8- �y KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16, 1985 ROAD PROGRAM TO DETERMINE A MORE FAIR AND EQUITABLE ROAD UPGRADING, •" MAINTAINING AND FUNDING. THE REPORT TO RF. PRPRV..NTvn Tn Tua unnntirts ASSEMBLY THUS ALLOWING THE BOROUGH ASSEMBLY TO DECIDE WHETHER ROBINSON LOOP ROAD AND WEST POPPY LANE ARE THE ONLY ROADS WITHIN THE ,-� ENTIRE BOROUGH THAT HAVE NO RIGHT OF WAY PROBLEMS, HAVE THE HIGHEST VEHICULAR COUNT AND SHOULD BE THE HIGHEST ON THE PRIORITY LIST AND THAT NO OTHER ROADS SHOULD HAVE MOVED UP ON THE PRIORITY LIST OR CRITERIA HAVE BEEN FORGOTTEN OR LEFT OUT. THIS REPORT SHOULD BE IN COMPLIANCE WITH RES. 81-100, ESTABLISHING PROCEDURES FOR THE ESTABLISHMENT OF ROAD CONSTRUCTION PRIORITIES DATED AUG.4, 1981, ADOPTED UNANIMOUSLY AND RES. 84-138, ESTABLISHING PROCEDURES FOR ESTABLISHMENT OF ROAD PRIORITIES UNDER LOCAL SERVICE ROADS AND TRAILS PROGRAM DATED AUG. 7, 1984, ADOPTED UNANIMOUSLY, AND RES. 84-139, ADOPTED AUG. 7, 1984 UNANIMOUSLY WHICH READS, SELECTING THE OPTION TO EXPEND LOCAL SERVICE ROADS AND TRAILS MONIES. Mrs. McGahan advised Mrs. Walli's motion was per Mason's which state government operates under referring to a calan ar ra her than an agenda. She challenged the appropriateness of the motion. Arty. Baedeker said hold spoken to Mrs. Valli earlier and had not made himself clear. He said on a resolution such as this, it would have to actually be on the floor prior to a motion to postpone it or referral. He stated there would have to be a motion to adopt prior to the motion to refer and take off the calendar/agenda. ASSEMBLYMEMBER VALLI MOVED ADOPTION OF RES. 85-127 AND MOVED TO REFER TO A SPECIAL COMMITTEE WITH INSTRUCTIONS AS PREVIOUSLY STATED. Mrs. Walli said she had requested all the maps of the four districts and through study she found many roads that have or could have qualified for the different programs. ASSEMBLYMEKBER MOORE MOVED THE PREVIOUS QUESTION. THE MOTION FAILED ON A VOTE OF 6 YES, 5 NO: Valli, Mullen, Carey, Sewall and Skogstad voting No. Mr. Carey voiced opposition to referral as victimization of those who have been waiting for action by the Assembly. Mr. Nash said he didn't feel now in the middle of construction season an appropriate time to refer this back to committee. He did feel Mrs. Walli's proposal had some merit but should he drafted in ordinance/resolution form for consideration by the Assembly. Mr. Stephens expressed some agreement with Mrs. Valli. however. he felt the borough engineer had gone through traffic counts, etc. and the Assembly should act on the resolution considering Mrs. Walli's proposal perhaps in the winter. Mr. Skogstad voiced similar sentiments and urged defeat of the Valli motion. Mrs. McGahan, Mr. Johnson and Mr. Sewall also spoke against the motion. ' ASSEMBLYMEMBER STEPHENS CALLED FOR THE PREVIOUS QUESTION. THE MOTION WAS ADOPTED ON A VOTE OF 9 YES, 2 NOs Walli and Sewall voting No. THE MOTION TO REFER RES. 85-127 TO A SPECIAL COMMITTEE WAS DEFEATED ON A VOTE OF 10 NO, 1 YES$ Walli voting Yes. Mr. Mark Hanson of Robinson Loop advised there had been a petition sent around Robinson Loop Road to determine who lives on the road and who used it. The petition read: "We the undersigned residents and frequent users of Robinson Loop Road request the Assembly and the theoreconstru tion ofethessoutheast,�or Solddotniaa and porttipon og this road to be the hiest priority for the 1985 construction year. This request is made ror reasons of safety due to dangerous curves and steep hills in areas where children play and wait for schoolbuses. F The poor condition of the road also contributes to high vehicle R maintenance costs and severe dust conditions in the summer. Thesoutheast and of this road is the portion used by most residents to carry traffic bound to and from Soldotne. We also believe the completion of the entire road to a single condition of an upgraded — J - 9 - i� 0 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16, 1985 gravel construction is the most fiscally sound procedure and the best �_ a__ -�_ e . � � � 'rioj % v6J 44a w► ww i.a6.ii W, o. Csic iibeio u& Luib ivud.- The petition had 121 signatures as residents and fifty signatures as frequent users. Len Bunts stated support for bringing the road to a single condition. RESOLUTION 85-127 WAS ADOPTED ON A VOTE OF 9 YES. 2 NO; Walli and Dimmick voting No. M Res. 85-128 "Granting a 30 Foot Wide Public Right- o - alas Borough Patented Lands Within Section 2, Township 5 North, Range 8 West, Seward Meridian to Match a 30 Foot Wide Dedicated Right -of -Way Known as Bear Road" (Mayor) ASSEMBLYMEMBER SEWALL MOVED ADOPTION OF RES. 85-128 AND ASKED UNANIMOUS CONSENT. Mrs. Walli asked if Feuding Lane and Karen Lane are understate maintenance. Mayor Thompson said Feuding Lane was under state maintenance and Karen Lane was borough maintenance. RES. 85-126 WAS ADOPTED. (g) Res. 85-129 "Authorizing a Contract for the Con - a rue on ns action of Lamplight Road Phase III In an Amount istimated at $26,846 to Wince Corthell Bryson" (Mayor) ASSEMBLYMEMBER MC CAHAN MOVED FOR ADOPTION OF RES. 85-129 AND ASKED UNANIMOUS CONSENT. RES. 85-129 WAS ADOPTED. (h) Res. 85-130 "Providing for a Ballot Proposition to Acquire the Areawide Power to Provide Funding for Senior Citizen Programs Within the Kenai Peninsula Borough" (Dimmick) ASSEMBLYMEMBER MOORE MOVED ADOPTION OF RES. 85-130 AND ASKED UNANIMOUS CONSENT. Mr. Moore stated it was his understanding that petitions were being circulated in the area and will ultimately be presented to the Assembly. Mrs. McGahan said it was her understanding this would be an intitiative for the ballot and she didn't think the Assembly would be able to put the issue on the ballot. Pros. Dimmick said she believed there were enough signatures to put the issue on the ballot but all were not yet counted. However in the interest of assuring the issue be put on the ballot this resolution was drafted for this meeting. Mrs. Walli asked if at a time when federal monies would not be available would the Borough in &"way be obligated for monies. Mr. Boedaker said essentially if the resolution were to pass, the Assembly would be authorized to appropriate funds as with any other program using available funds or raising taxes as part of the general budget. Per Mrs. Walli's inquiry about whether the Borough as a second-class borough was able to perform social service functions. Mr. Boadeker replied this resolution would allow the Assembly to do to upon voter approval. ASSEMBLYMEMSER NASH MOVED FOR POSTPONEMENT OF RES. 85-130 UNTIL AUGUST 6, 1985 UNTIL THE PETITIONS ARE RECEIVED TO CONSIDERED ON THE FIRST PART Of THE AUG. 6 AGENDA. Mayor Thompson provided information that the petition had been received with over 2,000 signatures -- 1,200 of which are required. Mr. Soedoker gave information in regard to the initiative process advising once certification is done it is presented to the Assembly. - 10 - f"w f KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16 1985 Mr. Nash asked if postponement to August 6 would be a problem. Mr. ` Baedeker tnAirarad it- wm11A nnr Mrs. Walli asked if the petition inclikied all senior citi:cn groups in the Borough and if this takes place, wirl the Borough follow the formula the task force worked on. Pres. Dimmick advised senior citizens from all over the Borough had circulated the petition and determination of a formula would be up to the Assembly. Mr. Skogstad spoke against postponement to assure it is addressed and gets on the ballot. Mr. Sewall spoke for postponement to give the Assembly more time to consider the issue and social service powers and as there did appear to be enough signatures for initiative it could be considered at the Aug. 6th meeting. THE MOTION TO POSTPONE FAILED ON A VOTE OF 6 NO. 5 YBSs Nash. Sewall, Moore. Dimmiek and McGahan voting Yes. Mr. Carey spoke for passage allowing people of the Borough to decide by ballot. RESOLUTION 85-130 WAS ADOPTED ON A UNANIMOUS VOTE OF 11 YES. (i) Res. 85-131 "Approving the Award of a Contract to quality sp alt for te Construction of Lamplight Road Phase III" (Mayor) ASSEMBLYMEMBER SEWALL MOVED ADOPTION OF RES. 85-131 AND ASKED UNANIMOUS CONSENT. RES. 85-131 WAS ADOPTED. M Res. 85-132 "Approvingg the Award of a Contract to quality Asp It for the Construction of North Fork Road Paving (North Anchor River Road)" (Mayor) ASSEMBLYMEMBER SEWALL MOVED ADOPTION OF RES. 85-132 AND ASKED UNANIMOUS CONSENT. RES. 85-132 WAS ADOPTED. (k) Res. 85- "Supporting a Rural Development Assis- tance Grant from the Alaska Department of Community and Regional Affairs for the Ninilchik Senior Citizens. Inc." (Dimmick) L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting) (a) Ord. 85-48 "Approvinan increase in the Kenai Peninsula Borough Scgool District's Budget in the Amount of $142,371 for Fiscal Year 1984-85" (Mayor) (Finance/Education Cmtel(HEAR 8/6) (b) Ord. 85-49 "Authorizing the Receipt of a Grant From the State of Alaska Totalling $50.665 Made by Chapter 96, Session Laws of Alaska 1985. and Appropriating Those Funds to the L.S.R.T. Contin- Agenccy y 8 count" (Mayor) (Finance/Public Works Cmt) (c) Ord. 85-50 "Establishing the Keystone Estates Zoning District" (Mayor, Req. Pln. Cmsn.)(Land) (HEAR 8/6) (d) Ord. 85-51 "Authorizing Indebtedness By the Issu- ance of General Obligation Bonds in an Amount Not to Exceed 6 , for the Purpose of Designing. FlanagIng, Inspecting, Improving. Con- structing and Equipping the Central Peninsula High. sssssssra KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16, 1985 Nikiski High, Kenai Elementary, Nikiski Elementary, Hope School and Addition to Soteotna Elementary School, and Pledging Full Faith and Credit of the Borough, with Payment of the Indebtedness to Be Derived from Taxes Levied Within the Borough, and Subject to Approval By the Voters At the Regular Election on October 1, 1985" (Mayor)(Finance/Ed) (HEAR 8/6) (e) Ord. 85-52 "Providing for the Acquisition of Municipal Power Necessary to Provide for Improve- ments to (And Maintenance On) Roads Maintained or Qualified to be Maintained By the Kenai Peninsula Borough" (Dimmick, Local Affairs Cmts.)(HEAR 8/6) (f) Ord. 85-34 "Enacting a New Chapter 2.60 to the Borough Code to Establish a Youth Commission and to Provide for the Involvement of Young People in Local Government" (Postponed 6-18 to 8/6) (g) Res. 85-22 "Supporting the Applications of the City of Homes and Kschemak City for Transfer of Lands From the State for Public Use" (Dimmick) PSTPND 215 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT 0. OTHER BUSINESS (a) AppLication of Sourdough Sal's It for Restaurant/Eating Place License (Memo) ASSEMBLYMEMBER MC GAHAN MOVED TO PROTEST THE APPLICATION. She stated this would be the seventh liquor license from Mile 27 to Mile 28.75 and she noted the letters of protest included in the packet. Mr. Johnson noted this liquor license was a restaurant/eating place license. it was asked the Clerk forward a letter to the Alcoh Beverage Control Board requesting an extension. Christine La ourtaris appeared regarding issuance of a license to she and her husband for Sourdough Sal's It. She advised first of all they are only applying for a beer and wine license. She and her husband had already discussed limiting the amount of drinks served to an individual and their thought is to just provide these refreshments with their pizza. P. ASSEMBLY AND MAYOR'S COMMENTS Mayor Thompson noted an updated probable cost sheet on the Hope School and an asbestos report. He advised there had been 19 permanent job openings recently with 1,121•applicants. Mr. Nash said he would like the Assembly to consider when addressing whether to be the issuing authority for the 4250 million in industrial revenue bonds, some mediate benefit to residents of the Borough. Hs suggested it might be a requirement the company's state offices be located somewhere within the Borough. He pointed out Res. 85-133 passed with the consent agenda bringing attention to the 2.464 U.S. servicemen or their remains missing in Southeast Asia recognizing July 19 as POW/MIA Day and thanked Mayor Thompson for agreeing to fly the POW/MIA flag on the 19th. He noted 1,375 of these people are listed as ML(1/POW in Vietnam and 1,089 are listed as MIA/POU in other parts of Southeast Asia. He expressed strong concern about the asbestos problem as per his recollection of a few months' ago discussion there was no exposed asbestos. However, the report made available at this meeting reflected there is a significant risk to building occupants (students. staff and maintenance) in the Kenai Elementary and Seldovia school. - 12 - KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 16. 1985 Mr. Best advised a committee had been set up and had ordered material! n fcr clean .; and eding Mr•s. Walli thanked the Mayor for agreeing to fly the POW/MIA flag on July 19th and also expressed concern regarding the asbestos situation. She suggested on the summer hiring ordinance perhaps an ordinance should be drafted to require printing of openings. She felt Diamond Ridge road should be included in the priority list as it has been closed periodically --for three weeks this year not allowing school bus access. Mr. Carey advised Mayor Thompson he wished to express his gratitude to Christine Schmidt and Sam Best for their help to the Local Affairs Committee. He said the Committee has decided during August and September to look at the issue of the Assembly meeting and what might be done to provide more efficiency. After conferring with the Borough Attorney, it seemed a possibility for the Assembly to write its own manual reflecting not only legislative but judicial procedures. Mr. Sewall thanked the Local Affairs Committee for its work. He stated his preference for Robert's Rules of Order. Mr. Moore reminded assemblymembers Youth Commission revisions, proposals or amendments needed to be forwarded to the Committee. Mrs. McGahan expressed disagreement that Maintenance Dept. should be undertaking construction projects (correspondence admin. portable). Mr. Johnson commented on the amount of time expended on breaks. Mr. Skogstad commented on passage of H.B. 34. regarding liquor licenses, taking effect June 6, 1985, which changed the population requirement from 1500 to 3000 which will result in elimination of any further licenses within the Borough for several years. Pending applications will not be eligible for hearing because of the new law per the State Attorney General. Mrs. Dimmick felt the immediate concern on the coal development project was the Assembly's responsibility as a legislative body in participation as an issuer. After a poll of members, July 23rd, 7 p m. was set for the worksession. She asked the Local Affairs Committee to think about how to publicize each of the bond issues to appear on the ballot with assistance of adminstration. She announced the Natural Resources Committee will meet on Aug. 6 and 6 p.m. at the Pour Seasons Restaurant. She then requested Mr. Boedeker draft an ordinance/resolution on health insurance benefits for assemblymembers and Mayor and a resolution or ordinance requiring the Borough to request proposals from bond firms. Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA R. INFORMATIONAL MATERIALS AND REPORTS (a) Vacation of Section Line Easements Between Sections 11, 12, 13, and 14, TIN, RIW, S.M., Bear Creek "Y" Subdivision MOVED FOR CONSIDERATION AND ADOPTION WITH THE CONSENT AGENDA. S. NOTICE OF NEXT MEETING AND ADJOURNMENT The next regularly scheduled meeting was set for August 6, 1985 and the meeting was adjourned at approximately 100 a.m. Date approved Austust 6 198S ATTEST sRa (ram c' r Yn c s y res en oroug er,c - 13 - . 1 -r AI PO ft A,.. r . RELU1t PENINSULA SOROUGMi REGULAR ASSEMBLY MEtytNG • AUGUST 20, 19851 6,30 P.H. •r.XI •�• SOROUGN ADMtNISTRATtON WILDING y� ' :,. SOLDOTNA, ALASRA AUGUST 6. REMAINING AGENDA A. CALL TO ORDER AND ROLL CALL N. ORDINANCES/RESOLUTIONS FOIL CONSIDERATION Nash (a)Ord.S A to • • "Enacting a Now Chapter Kutl*n 4.09 o the oroug oda to Eotablish a youth Csavtosd I... Cams Iwe too and to provide tot the Involvswnt Corey ; . of Your`` People in Local Government" (Csrsy/ Keene Oiwlek/L.A. Cats.)) y r�} ; , •• Sewall + (b) gird,8 •!2 "Providing for the Acquisition of O lck - n t pa over Necessary to Provide for "•: Dtwiek 11 Covenants to (and Maintenance on) Roads Mcoshaa '•r''r`.. °. Maintained or Qualified to be Maintained by '..'Dale !t,• the Komi Paninsuls trough" (Local Affairs/ ..Johnsen Dismiek) St hens , ,,.•.;•.�• o�l�Pd!r :.,Skop``stad M' t •+(e> $•1A "froviding for Ballot Propositions fsadal •r �,; ti'r• In Acquire Road Improvement Pavers with the is �.:• , ,y bseugh Road maintenance Service Asps" (Mayor) .+a 4,�•: X (d) • -1 8 "Setting ea Adviaosy Vote of tM •. ,i " 'tht f NOTOuth Mactorsts, on the Sale and Use of yi E7P. /i:.sou Fireworks within the gonst Peninsula tegh .1 x Cmd R*pealiag Realytiou 8S•2P"(Glia)t. oOsbsu) • .A. c= TO ORDER fAusuit Z0•Ag•nda) 4 S. ' 1LEDGIL Of AiiiOLARCL . r 41 • �S ifl(vou►TIONr Rw.' Riea1 f',i�rst •taptist. •Rinai ' •►y�r,'� f j r A •+'j'i!��k' r raw VACAMCT. DISIGNATION OR SIATtNG Of ASSOOLYIQJOER F. APPROVAL Of MINLtTLSr August 6. 19$5 i. 44jai► .`Y� i):!r}iy -.+' :.', ' (a) Education (Valli. Johnson, Mullen. no #c*d) (►) finance (Crawford. Carey. faadel. Naski �. ;.. '• i it) Lend Aequis/Disposal (Remo Johnson. Moorq i;;►a Id) Legislative (Dale, Roan. Strosated) ;•�,r�;.,: swJy �k? to Local Affairs (Care Moore. Stephens) . ; .... ,..,z (9) Public work# (Small; Dale. Heothan) (S) Natural Resources (Mceahaa.Imle. Mullen. • ,• Stephens Click)" i11), ate Processing Stetting (GLiek. yeah) N. _ AGENDA •APPROVAL AND CONSENT AGENDA 1. ORDINANCE HEARINGS .f+}�;.;r�;��� %��' ��i• ;:.�K:ir:.�q�� ,(a) fti. B - Sb)"Authosistns Indebtedness By the toluene* of. nere Obligation Sonds in an Amount Not to Exceed ,• 2.610.000. tog the Purposo of assigning. Constructing. ,,,• and Equip ins the North Peninsula Recreational Fatility j•, and PledSin full faith sad Credit of the North pan insu{a R•CCeational Service Area with Payment of the Indebtedneu ;at to be Derived from Tests Levied Within the North Peninsula r7f Recreational Service Area, and Subject to Approval b th0 <' Voters at the Regular Litaticn of October 1, 1985" l yot) ''" •� • � • is r ,,. 01 S • i "Authort:lnR the Rfc•tppt of Vsstous Orencs from r'S��'•-•• • • of At Tocallt4 ls60.000 Made by Chapter 96, S•eslon Laws of Alsoks, 1M . end Appropriating the funds 'j to Protect Accounts" ,Mayon r ,/f •' (o) 0 6 "Authosltinj the Issuance of Rfvnw Sonds to 1 i r •n un Mot to Lac•• $250 Million for the Purpose of Aequistn end Conftructins Docks wharvso slid Related ►ore Ist�lttlfa !n the Serouth w6h the payment of the Sonde to b Msde By Users and Persons Other Then the ' SoreuRRh, Sub cc to Approval of the Voters at the Regular „ r stection of Oetobar 1, 1985" (Mayes) ' td) d s - "Appropriating and Autherisin` the Ssp•nditur• '( clan" (Ma Boor further DsveLOpunt of s Coastal MsnaB•ment { J, tMTRODUCTIOM Of ORDIMAXC95 6 . "frovidtnsnd for Nssith Insurance ,•,•, n e Memboss aAmandtng Rn 2,04.060 and 2.06.070 torah ns to salary end Bamafits for the Y, Mayor" (Glick/Dinick) :.1• ra/;%!' :,r, ,• (ei 8 "Chen`ins the position of Secretary of the flee a taargency Managoment from Nalf•Tter • s"j to fu 1-Tim and Appppsevin`t ant atria to 4.9.M.'e ma+n?,•, {' Budget to the Ai of •SI7 ,97A� (Meyorf Oi jt COMSIDBRATtOM Or RLSOLUT101b +. •, ': ;v', !�.: °%,% ' %%�•) !'' ��• J�y4r t..',• J'n� s � 11 "tlsotns A fsepesttton on the ension tow �, fy bf�• �'• o • . 1965. That provides fee the tnpension of + ; the RMai peninsula sorough tort and Norbor !more to 1� • ,iris,' �l{f ' a i Allow Mans eewetand Inpsevonent for the MtnitcMil a?,Q tt 'r Marbos" (Dismick I to, Otte k McGehsa Valli) i' ' �ii�:'hi:� ,1;•";t •"� fly ? u,•r��` ' ' t�i�f f+r yr nfft�i (bf 2, 6 • A "Ales •Sat• Lfglotstiw Grant in ' ��.� ,r , I.,'�3•/, •,� of fi0,000 for the purchase of a rise YJ r� Tanker and Equipment for the Has Crack tiro ServidoAgee 1 7 (mayor ;. J : •, r}�� i�, l.; 4!•!v/.:I!v>;,'-'i � �: y fir, r�"tJ, (��J � ,;, S -166 "A9provinll the Schematic Documents for ins sot�posfd Mlkiski Recreational facility" (Mayor) 1re, B •7 "Requesting the State of Alaska to Match " 4`r wsYuo&Lsr Spent encouraging Towles With funding r for Vlsitos raettities" (Matt. Resources Cato-$ "Setting an Advisory Vote of the SorousA ;,, ,,.�.: '•f"t+� h ee ors • P•rtatntn� to the Lqutpmsnt of Mew school Suses etih Soatbolts (Dtnmtck) teSDIMG t,201SLATIOM (This item lists legislation which will be addsssso0 "r c ,P ,-,' at s later time so noted$ not for motion this matins '•.;: do) Dad. 65•56 "Authortttns Receipt of a Grant from the State i•o, of Alaska Totalling !7 000 Made b Chapter !OS session �•,+ Lws, 198S and Approp1iscint the ;weds to the Protect S4 Account" (Mayor) MMGG1Itt 77 (b) Ord. 65.60 "Appon roving the Land Acquisitiof L. ONoovidhiter's Property for the Control Peninsula General �p Mfl1Rtttl and Appropriating funds tog That turposa" (Mayor) 9/3 if) let, 65-11 "�suuppppescin$ the Applications of the City of Never end Rachemsk Cesty for Transfer of Lands from the Stote for public use, lDtMIM 005110090 2/S/sit ',I 4 tji• �11 j) � i �1�� �� M. PORMAL P OSKATIONS VtTM PRIOR NOTtCL UPON SUSJZCTS MOT ON INS MELTING AGENDA j•.. w. MAYOR'S REPORT rrt J 0. OTNLS SUStNiff •/�:' %i (a) Ord. SS -$a (Subs(.) "Authorizing a Land tsahange ten • M eninaula forough and f t Lwsonao T. Lancashire in Order to Acquire Right -of -Vey for the Rsslisneant of sports r. Lake Road in Sidgway" (Mayor) MOTtOV TO RECONSIDER/Moore n (b) R•a. f_5-126 2o "Authortsing and Directing the Mayor to �E o>•snCr ndn•at ion Proceedings to Acquire the ike flood /• ! , ., facessery Right -of -Vey for the fort• Like ✓ %: Rseligt ear (Mayer) (POSTPONto H35) (a) se�- "fettins��Procedurss for Sower 9"loyant /rt r ns • e0ahanl MDTtoo TO RLCOwSIDLR/Me0ahan (d) Assembly Vote on Neashan Motion to Protest tosuanes of •i; ,>. Restaurant/Latins Place Liquor License to Sourdough Satr s tL 401 Nov Restaurant/ratios Place License for the Hitching Post Cats$ J. V. tisey i go. Andersen. Mile 16 �srpur Nwy. • '.,��•%tip• �%:r.!;:i'�C`'t`, yj;-i {,, /��.�y t }, �. ,g� r .�i �,•� fit./ - 1'',:, .,�',,!i>�a�Y)„f'�,� %Y,yhm4fj t '�•; -,! S' •,.r, ql,Sri �. 1 .fY�!'.,. %'.h�+��'10 pC'/y� r �''f �rj� •���� �'X �A it�I 1 �Y•1y 1 /. M.' YL r�"�11,�.� �1,'•�r:..T/,� 1'WI �f��.�}� rl,... , ✓Jl ✓' al .. ,l�lf,�l:i. •H':✓°ll."J,'.<.. i'l5;1- !.T`+'�'�(,�•; • ,4.,P.:',l+-. lt..i{l�. i ;'tf) Now bStaurant/Lacing t3tes Lleeas0 for the Sear Creek ;•,., Lodes# A. J. Vothke. Hope; 2,yy�s, A ri. ,;j., 't•' 1. AfSOItLY AND NAYORI CMW5 ,.• ..f Q. PUSLIC COMW5 AND PUSLIC PNLSLMTATTONf UPOR MATTERS NOT �• , ,' CONTAINED iw INS Afff7(SLY'f AGENDA ,• - , i R. WFORMJ1TI0wAL NATLR(ALS AND WORTS (a) Vsestion of Tice Acres Subdivision, Portion ofSection3d 765. 014w f.M., ties South of Saleap Drive and West ot;;' s! f1 Diamond Ridge Road (b) Vacation of the worth Portion of the Cul-de-sac, 01 yt i Js� Circle, w-f Comes. Section Is. TIN. R12V. S.M. ., t. S. NOTICE Of MLR? MLLTI= AND ADJOURII= (September 1. 1985, IN ;( Omer. Alaska) 45 r•. J r $1.25 nor issue. $10 nor vear July/August 1985 I�ItCtt11R����i� CRAIN'S NEWSPAPER OF PUBLIC BUSINESS & FINANCE 'A"""ll rightsrainCvoetl���stnc. I COM98s on a street in Mystic, Conn., house museums, remind tourists of past in the seaport town -- page 21 ■ ■ ■ a Municipalinsurance premiums soar By MEG FLETCHER dent, Tracey Thurman, and her son, In a companies have been lined up to split a $1 Hadley Gold, tint assistant corporation and ELiZABET[t VOJSiN lawsuit charging local police failed to protect million primary layer of coverage, said Gor- counsel for the city of New York, said the her from her estranged husband. don C. Todd, of the Burn*, Brooks, and award will be paid out of general revenue. Two court rulings against cities In police On June 30. Pacific Employers Insurance McNeil Agency, which Is conducting the New York cannot find insurers willing to negligence casc�s have underscored the dill!- Co. and California Union Insurance Co, can- search. "All the other lines will come from underwrite Its liability insurance except for c•ulty cities nationwide face In obtaining — celed the city's $6 million liability coverage, all over the place," he said. contracts for very specific coverage. For ex - or ke � icing — insurance. and it is undetermined whether they will In a similar case, the New York State ample, at the insistence of the owners of Moreover, because several insurers have pay the court award. Court of Appeals In June awarded $2 million Madison Square Garden, the city bought a guff providing coverage in the public mar- 'The difficulty is that these liabilities cre- to Dicta Sorichetti, now age 15, whose father special policy for the Democratic National krt, many municipalities face exorbitant in- ate a two-edged sword: on the one hand, ex- Injured her and her mother. Josephine, nine Conventions held at the private arena in creases In their insurance premiums. cessive force; on the other, not enough inter- yearsago. 1076 and 1980. Mr. Cold said. Torrington. Conn.'s, insurance was can- vention." said Thomas Murphy, a spokesman Mrs. Sorichetti charged the city police de- "We've got thousands of police officers. celed after a federal court ruled city police for the Connecticut League of Municipal- partment "failed to take (her husband) Into We're much too large to be Insured on a con - were negligent, and New York City is re- itles. "But these failures to protect awards, custody or otherwise prevent his assault tractual basis," he said. "There are little sorting to the use of general revenue to pay a like the Thurman case, may create enormous upon his daughter after being informed he towns with two police officers, and they $2 million award in a similar ruling. problems for taxpayers." may have violated a Family Court order of can't get coverage. It's becoming a serious In the Torrington case, a federal court jury Torrington Is seeking insurers that will re- protection and that he threatened to harm problem." in June awarded $2.6 million to a city resi- place Its expired policies, and two insurance the Infant." court documents said. Continued on page 33 Insurance costs up Continued from page I to nothing," said Bruce Henriksen. insurance rates are "escalating assistant vice president at L.W. dramatically" not only because of Blegler, a Chicago firm. increasing liability exposure by "Available capacity has dropped municipalities. but also because of a significantly" in a year. agreed decline in the number of insurance Randall Goss. president of Uni- companies, Mr. Murphy said. mark Special Risks Inc., Dallas. an Some cities. unwilling to pay the underwriting manager. spiraling costs, are opting to go At least three insurers stopped without insurance. underwriting liability coverage for • Dallas officials are operating public entities in 1985, and nine their city of 1 million residents others did so during the past two without liability insurance. years. They have chosen to do so since The insurers that remain in the May 1, rather than pa yy premium market are raising prices and tight - increases of at least 600% and as ening underwriting terms. much as 1,000% for less liability The reasons for the crunch: In - coverage than the city previously surers fear losses resulting from had for pollee. public officials and erosion of governmental Immunity city vehicles, said Mark Ferraro, by the courts, and they don't like risk manager. The city has not the way public entities seek com- added any money to an existing petitive bids for insurance, which fund for self Insurance. and Mr, often are court -mandated. Insurers Ferraro said he hopes to replace the say they cannot win renewals if coverage by early fall. another insurer underprices them. • Baton Rouge. La., with 450.000 "Underwriters are picking and residents in the area, has gone choosing the cream of the crop and without pprimary and excess gen- charging exorbitant rates," said erral liability and excess auto liabil- David McGurn, division vp with 'ty insurance since April. Officials broker A.J. Gallagher & Co. in contend quoted rates were too high. Rolling Meadows, Ill. Last year. the city paid $116,490 Rate increases range up to 400% for $500.000 in primary general lia. for public officials and 50% to 200% bility coverage above the $100.000 for police professionals. claims it agreed to pay itself. and But some public entities have $50.000 for excess general liability found the situation even bleaker. and ^xcess auto liability coverage Dallas, for example, had a choice of " , $10 million. a 600%. 958% or 1.128% increase .his year, Baton Rouge received during renewals in April. 41.2 million quote from one in- Depending on the size of a public -urer for about the same amount of entity and its taxing powers, going coverage, but must pay its own without insurance may or may not claims up to $500.000. present a major risk. Many large The city, which was self -insuring cities with large enough tax bases its public official and police proles- do self -insure their liability risks. slonal liabilities. does not expect to "A really big city is not as threat- s able to renew its primary auto ened by going bare as a small one liability coverage in November, would be, said Allen Hyman. risk said Irvin F. Jones. risk manager, manager for Corpus Christi, Texas. • Five governments in the Rocky Smaller governments might not Mountain states recently received have the tax base necessary to raise non -renewal notices from Colonial funds to pay an uninsured judg- Penn Insurance Co. for their com- ment. said Frank Gardner, risk prehensive general liability poli- manager for Natrona County. Wyo. cies. which include coverage for Other smaller cities also have police and public officals, faced huge premium increases. However. Colonial Penn is hope- Fremont. Calif., with a popula- ful that an agreement on another tion of 150.000. paid $44.000 last contract can be reached with the year for a package that included states — Colorado. Idaho. New comprehensive general liability Met-ico. Utah and Wyoming — be- coverage (including coverage for fore policies expire in September. public officials. police. pollution said Cecil Munson. president of risks) and workers compensation Public Entity Underwriters Ltd. in coverage. It retained $250.000 on Denver, the underwriting manager the primary layer. and purchased for Colonial Penn. $19.75 million in excess coverage. Thew examples hint at the diffi- The renewal premium lumped culties public entities have in find- 1,157% in April to $509.000 for ing liability coverage. especially for about the same general liability police andpublic officials. limits. said Joseph Tonda. Fre- The market for liability coverage mont's risk manager. "it was rather for public entities is "diminishing upsetting." a t �NrO - ,-,/ 9(en4l community .1.dnaay A PUBLIC LIBRARY IN SERVICE SINCE 194E 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF JULY, 1985 Circulation Adult Juvenile Easy Books Fiction 1725 795 i697 Non-fiction 1993 264 348 Total Book Circulation 6822 Films, Phonodiscs, Pamphlets, Periodicals 505 Total Circulation 7327 Additions Adult Juvenile Easy Books Total Gifts 43 23 5 71 Purchases 28 6 5 39 Total Additions 110 Remedial and Re -worked Books Adult Juvenile Easy Books 17 2 2 Interlibrary Loans Ordered Received Returned Books 23 17 20 AV 24 19 18 Interlibrary Loans by our Library .. Books 46 Volunteers .. Number 31 .. Total Hours 653 Income. Fines and Sales Books 492.65 Lost or Damaged Books 105.23 Xerox 168.50 Donations 26.00 Total Income for July, 1985 •• $792.38 w— F i G• r : -enai Community-Comaay A PUBLIC LIBRARY IN SERVICE SINCE 1949 193 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued July, 1985 Kenai 235 Anchor Point 1 Clam Gulch 13 Kasilof 9 Nikishka 10 Soldotna 42 Sterling 5 Total 315 Library Patronage..... 7,349 Persons �- I i NEXT ADVISORY BOARD MEETING: T Y T' R W T A T 1-% vv v!- ZNF-0 AtIINFU NIVEA SPECIAL MANAGEMENT AREA August 5, 1985 ^ V. lS�w lei Advisory Board, September 12, 10:00 a.m., Borough Biological/Upland Habitat Committee, August 14, 7:00 p.m., Borough OTHER MEETINGS Building, Soldotna. SCHEDULED: Permits CaRnittee, August 14, 7:00 P.M., Borough Building, ding, Soldotna. Lands Committee, August 15, 3:00 p.m., Borough Building, Soldotna. PLANNING UPDATE: Social/Recreation Committee, August 15, 29, September 5, 12, 6:00 p.m., Borough Building, Soldotna. The various advisory board sub-ommittees are busily concluding their research and beginning to formulate their recam*ndations for presentation to the full advisory board. The board m: intends to finish reviewing the recc endations of all the sub-ocmdttees by December, 1985, 11 to pass its reo=muuiations on to DNR C=dssicner Wunnirke by January, 1986. The Social/Recreation Committee has scheduled public meetings to hear proposals and ideas from the public on recreational issues, such as fishing methods, boating practices, and the need for public access and recreational facilities. The public meeting times and locations are as follows: Soldotna, August 21, 3-5 p.m., 7-11 p.m., Borough Building. Cooper Landing, August 22, 7 p.m., Community Club Building. Anchorage, August 23, 3-5 p.m., 7-11 p.m., State Court Building, Courtrocm C. For more information on the Social/Recreation Committee meetings, contact: Bix Bonney, r 561-5115, Tam Walker, 262-9419, or Dave Stephens, 265-4515. The Lands Cmuittee has extended its deadline for the public to make written proposals concerning land use and development adjacent to the river and lakes. The new deadline is September 1, 1985. The om rdttes has scheduled follow-up public meetings to hear verbal testimony on such topics as waterfront , non-devel programs, and sign regulations. zoning ognent buffer zones, tax incentive The meetings are scheduled for the following times and locations: Anchorage, September 9, 6-10 p.m., Central Jr. High Auditorium. Soldotna, September 11, 3-5 p.m., 7-10 p.m., Borough Building. COOPer Landing, September 16, 7-10 p.m., Community Club Building. Kenai, September 19, 7-10 p.m., City Council Chambers. Fbr more information on Lands Committee matters, contact Sharon Jean, 262-9011, Les Palmer, 262-4517, or Dave Stephens, 265-4515. T Biological/Upland Habitat Committee has also issued a call for written proposals concerning habitat values on uplands of the river corridor. They are very interested in knowing about areas used by animals for special purposes (eagle nesting trees, moose wintering areas, wolf denning areas, etc.) and their management. The deadline for written canmts or proposals is August 14, 1985. Fbr more information, contact Leo Hannan, 552-3307, Lenny Corin, 271-4575, or Dave Stephens, 265-4515. W ; r (o XNIG4 -tit President Fred Braun Fred Braun Sport Shop 2834048 lot Vice President Leroy Heinrich Union Chemical 776.8121 2nd Vice President Ron Malston MALSTON'S 293.4966 Treasurer Matt Amundson First National Bank 283.3585 Past President Bob Williams Chevron USA 776.8161 Glenn Jackson Tesoro Alaska 776.8191 Jim Carter Retired FAA 283.9272 Harold Dale Leo Oberts Insurance 293.7591 Bill Brighton City of Kenai 293.7530 Gene Collins Homer Electric Assn. 202.5831 Penny Dyer Penny's Travel Agencies 2034460 Dennis Swarner Kenai Vision Center M7575 Roger Holl Attorney-st-Low 283.33" Don Gilman Food Town Liquor 283.7651 Lester Vierra KPCC 262.5801 Rogue Morgan National Bank of Alaska 283.7381 Mark Winston Footwear Gallery 2024515 Vern Lofstedt, Jr. SouthCentral Air. Inc./ M7676 Kenai Air Alaska Executive Director/Manager Sue Carter 283.7989 1 P y'. . , Kenai Chamber of Commerce 31• 1 P,p- SULK RATE L, Box 497 ,j up��a U.S. POSTAGE �;.; Kenai, Alaska 99611 OFr Q G ` PAID ^ ti 49 U1 KENAI, AK 99511 Permit No 12 c� f Pro -son c� of Ke�n41 210Y FW41go Kenai, St. AK 99611 0 I KENAI PENINSULA STATE FAIR will be mold August 16th, 17th and 18th. Billed as the "biggest little fair in Alaska", this one Peninsula event not to be misHed. Located in Ninilchik, exhibits range from livestock, baked goods, handiwork and much much more. BOROUGH ASSEMBLY Ordinance No. 85-55,"authorizing the Issuance of revenue bdndH in an amount not to exceed $250 million for the purposes of constructing a public port facility at Granite Point" has gained support from the Chamber of Commerce. The matter, if passed by the Assembly, will appear on the fall ballot and will aid in the Diamond Shamrock proposed project. Your Chamber supports this matter on the basis of the positive economic impact to the central peninsula area. CARAVANS coming to Kenai have totalled five thus far with three more groups arriving in August. These visitors from all areas of the "Lower 48" report thnt Kenai is one of the cleanest and nicest communities in Alaska -- we hear this all the time and its GREAT11111 THANKS to Jim Wilson and the American Legion Post #20 for a successful 4th of July Paradel The Parade was the biggest and best ever and we look forward to next years' event. WELCOME NEW MEMBERS: William E. (Bill) Moore; Systems Management and Consulting, Michelle O'Connor and Fauteaux's Fast Photo, Sharon and Jeff Fauteaux. BEAUTIFICATION AWARDS judging will begin this month so please telephone in your nominee or your own residence, business, church, multi -family unit or government complex. Call the Chamber office at 283-7989 with the location address and/or directions. "COME HOME TO KENAI - ALASKA LIVING AT ITS BEST" brochures are available at the Chamber office for distribution to those persons wishing detailed information on living and working in Kenai. Just stop by or call the Chamber and they will mail out the brochures for you. The brochure contains 18 inserts of information relative to schools, climate, tax rates, and much much more. If your firm is interviewing job applicants, the brochure will answer all their questions on our community. THE CHAMBER BOARD OF DIRECTORS meet each Friday at 12 noon at the Kenai Elks Lodge. If you have matters that you wish the Chamber to address, please advise the Chamber and you will be placed on the agenda. Let's meet each Wednesday at noon at the Kenai Merit Inn for the following programs: August 7th - Dave Heatwole of Anaconda August 14th - Presentation by the North Kenai Recreation Board August 21st - Dave Baumeister, President of ERA Alaska representing the 1992 Winter Olympics Organizing Committee August 28th - Mike Boylan, outdoor recreation planner, U. S. Fish & Wildlife Service (Kenai National Wildlife Refuge) G M =NFp-7 CITY OF KENAI " d G;apddl 4 4" 210 FIDAL00 KENAI, ALASKA 09611 TELEPHONE 283.7635 August 149 1985 Mayor Stan Thompson Kenai Peninsula Borough P. 0. Box 850 Soldotna, Alaska 99669 Door Mayor Thompson: At the regular meeting of the Kenai City Council on August 7, 1985, the Council had under consideration Kenai Peninsula Borough Ordinance 84-43, Substitute, which has boon enacted by the Borough Assembly. The jilt of the ordinance is creating the Kalifornsky fire Service Area, which in effect would have boundaries contiguous with boundaries of the City of Kenai. The Council at said meeting, instructed me to communicate with the Borough Mayor and Assembly indicating the Council's displeasure with the passage of Ordinance 84-43 Substitute for the following ressonat (1) There is substantial question under Title 29, whether or not a special assessment district for the purpose of providing a special service can be formed adjacent to an existing governmental entity that has the ability to provide the same service. (2) In the third whereas clause of Ordinance 84-43-Substituto, it indicates that the Assembly finds that the residents of the proposed Kalifornaky Fire Service Area do not desire to incorporate themselves at this time. The City Council objects to that clause on the basin that the individualo who live in that area have never had the opportunity to vote for or against incorporation into the City of Kenai and until such time as they have that opportunity, that whoreau clouaa is misleading. I 'I i I ' a W (3) The third whereas clause of the ordinance roads "Whereon the Aaaambly finds that annexation of the proposed Kalifornsky Service Area to the City of Kenai is not feasible because an attempted annexation has recently failed" is also an erroneous description of what actually happened that interrupted the process of annexation of that area. The Department of Community and Regional Affairs thoroughly frustrated and misled both the City and those individuals attempting to bring the issue to a vote. (4) The Council also objects to the seventh whereas clause in the ordinance under consideration which states "Whereas such fire protection services therefore cannot be provided by an existing service area, by annexation to a City or by incorporation as a City". It has not been shown by a vote of the people in the area under discussion that they are opposed to annexation. There are a number of residents in the subdivisions of Chinulno Point and Belugs Bay who are encouraging the City to afford them the opportunity of voting on whether or not they wish to be annexed to the City of Kenai. It is the Council's intent on behalf of the residents in that area to pursue and to afford those individuals the opportunity to make a self determination on whether or not they want to become a part of the City of Kenai by annexation. Sincerely, . Wm. J. Bright'bn City Manager WJB/dg ccs Ms. Marilyn Dimmick, President Kenai Peninsula Borough Assembly Ms. Joanne Brindley, Borough Clerk i JULY 3, 1985 TO ALL HOCb;EY AND ICE SK'ATINO BOOSTERS IN THE KENAI AREAs We are a group of hockev and ice skating fans from Kenai and Nikiski who are interested in building a second rink in the Cantral Foninzaula area, namely in Kenai. We are in the process of gutting facts and figures together to present a package to the Kenai City Council, the State Legislature, the Chamber of Commerce and whoever else may be of assistance in reaching our goal. We are not looking for anything as elaborate or versatile as the Soldotna Spor%s Center. We are interested in a rink facility only, with dressing rooms and small (101:1-400) spectator area. The main reason we feel another rink is needed in the area is the shortage of ice 'time felt by all users of the Sports Center Rink. Hockey teams and figure skaters; alit-e felt much too limited in the amount of time available for their use on the one indoor rink in the area. We can no longer count on having adequate outdoor ice available even for practice because of our unpredictable winters. Without more practice time, peninsula skaters will not be competitive with Anchorage and Fairbanks. With another rink in the area, we feel that all user groups --figure skators,-recreational skaters, and hockey --would grow, especially in the Kenai/Nikiski area because of the closer location. As the user groups grow, so would the positive effect on the economy of Kenai/Nikiski because of the visitors attending tournaments and competitions. With those ideas in mind, we hope that you will support our efforts to got started on this project. We would like as many peopl v as Possible from the Kenai /Ni ki ski area to attend the nest KFHA meeting to ask for their support. The meeting is July 10 at 7s3O F.M. in the borough building in Soldotna. If you are Interested in the continuation of the search into the feasibility of the project, please attend that meeting, or let us know of your interest by calling Arlene Carver at 776-8559 or Rhode Carignan at 283-7088. Sincerely, MARY HANSON for WANDA DONILLAS RHODA CARIGNAN ARLENE CARVER CAROLINE MORSE MARV NOROREN DAVE SCHWARTZ R09ANNA SHELDON BILL ZUBECK J i 1 IL a I! - 1 2 3 4 5 8 8 10 11 12 13 14 is is 17 is 14 20 21 22 23 24 25 2s 27 28 20 .V1 PUBLIC NOTICE � A STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION The Department of Environmental Conservation has received and granted a request for an adjudicatory hearing under 18 AAC 15. Union Oil Company of California contests the Department's denial of solid waste disposal permits to dispose of drilling muds and well cuttings on the Kenai Peninsula. The factual issues which Union Oil has proposed for consideration at the hearing includes (1) whether a location in or adjacent to wetlands or areas of hicrh water table is of consequence to the applications; (2) whether the composition and characteristics of the materials proposed for disposal should permit their disposal as requested; (3) whether the containment proposed for the materials is adequatel (4) whether landowner approval of the disposal has been granted or is necessary; (5) whether the materials will pollute or contaminate the groundwater; and (6) whether correct standards have been applied by the Department. The exact scope of issues to be considered at the hearing will be delineated by the Deciding Officer before the hearing. Any person who wants to intervene in the proceedings at this time may do so by filing with the commissioner a petition which must contains I. the name, mailing address, and telephone number of the person making the request; 2. the names and addresses of all persons adversely affected by the decision whom the petitioner represents; 3. a clear and concise factual statement of the nature and scope of the interests of the petitioner, and an explanation of how and to what extent those interests would be directly and adversely affected by the decision; 4. a clear and concise statement of the genuine factual issues proposed for consideration at the hearing; and S. where applicable, specific reference to the contested terms or conditions of the decision, as well as suggested alternative terms and conditions which, in the judgment of the petitioner, would be required to implement applicable criteria. Petitions to intervene may be submitted to the Commissioner, Department of Environmental Conservation, Pouch 0, Juneau, Alaska 99811, within 10 days after the publication of this notice in a newspaper of general circulation. Dated at Juneau, Alaska this 31st day of July, 1985. Bill Ross, Commissioner - • i 1 .r 1 I ri, C + t�.,e 1 _A/ V 10 PAY ESTIMATE N 0 =. NA fl'/c, 722,'Ovev,%o9� �STAVDARD DRIVE, THOMPSON PLACE - 1984 ROAD IMPROVEMENTS Contractor Central Alaska Construction Address P. 0. Box 1594 Soldotna, Alaska 99669 Project No. Phone 776-5515 Period From i to I , ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE O1 Ori inal contract amount I 928 s s , .So O2 Net change by change orders O3 Adjusted contract amount to date ANALYSIS OF WORK COMPLETED 4 Original contract work completed 50 Additions from change orders completed ?taterials stored at close of period O7 Total earncdO+OS +O= j O8 Less retainage of % '91 percent jO Total earned less rot.inageO-0= I 4.. ; 10 Less amoiuit of previous payments -- it Balance due this payment " r ; cc: Contractor central Ala a Construction En;ineer Wince, gortheil. 8rywn r a t t -17, ref ..16 1A ...._— M i C C s)11s;a 2 of 7. PAY ESTIMATE NO: STANDARD DRIVE, THOMPSON PLACE 1984 ROAD IMPROVEMENTS CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on the tact of this Periodic estimate for Pattiol Payment are correct$ that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or July authorised deviations, substitutions, alterations, and/or additions$ that the foregoing is a r true and Correct statement of the Contract account up to and including the lase day of the period covered by this Periodic Estimate; that no pare of the "Balance Cue This Payment has been teceived, and that the undersisned and his subcontractors have.(Cheek ArPtfeasfe nne) i A. jEf, Compiled with all the labor provisions of said contract. b. C3 Complied with ail the labor provisions of sold contract except in those instances where an honest dispute exists with re-spect to said labor provisions. (it (a) is ahsoied, describe Mrfelfy nelure of dfapufs.) : �i� �iil�/21z �ll.:•�1./�1'�t/�I. By �c OJF i• en ra as a ( Ise on (ftsnature of Awhotissd Re visestative) 19 Title CERTIFICATION OF ARCHITECT OR ENGINEER 1 certify that I have chocked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief It is a true and correct statement of work performed snd/or material supplied by the contractor: that all work and/or material included in this Periodic Estimate has been inspected by me and. or assistant* and th.st it has been performed and/or supplied in fu11 accordance with tuquircn etmty44 dw refer -nee contract representative w that uppltl ptomvnt elaiswd and requested by the contractor is correctly computed an the basis of work performed and/or mat¢• risl auppli¢J to data. "Q SI)tned rug wunNl n.c..u..6 vy 1.—.�I Wince, Col?W'11t; Sr"ffd '--1 •,,, __ . j ..•tv,IK f Daste X 44.16, Y,wle, —X ..1.1 i war efixj r„ a. to —" U PRQ•PAYMENT CERTIFICATION By FIELD ENGINEER Uri4heat-••�— Goa.Iea W$ C:10 Chest fyPe of Peflseltf ssrNf/odr I have cheekvJ this estimate against the contractor's Srhocfule of Amormtr for C,"Ifocr Payments, the notes and reports of my inspactiona of the ppruivet, .end the PrrinJie reports submittv.1 by the arch itect,'vnpinref. It is my opinion that the statement of work pperformeJ 4040f matrri.Rls 16%)plicJ is accurate. that the cuntfactnr is abnerving the requirements of the contract, and that the contractor ahuuld by paid tliv amount requested abuev. 01 certify that .111 we/rk isn't 'air matrri'sI" unJc•r the contract Mar been inspected by me and that it her been )reformed and ear sup• plied to full avectJancv with the requirrmc•nts of the cuttr.sct. Vince, Cor'thell, 2v7soainas,) (Date) ApprovrJ .M r �~ � T MFO t 7/" i t 71 7 /V&*/, o 76T 1 PAY ESTIMATE NO:_ CITY OF KENAI MAIN STREET LOOP, LAKE, MARINE . GRANITE POINT, F.B.O. ROAD Project PAVING, WATER, AND SEWER IMPROVEMENTS 1984 Contractor Comanche Corporation Address 1217 East 66th Avenua Anchorage, Alanka 99502 Project No. Phone 3491666'3 Period From 4e/t2. J&5 to 8/p-a, /85 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE O Original contract amount $ 844,233.00 O2 Net change by change orders i�, Iyq O3 Adjusted contract amount to date $(d�� 33T pe ANALYSIS OF WORK COMPLETED ® Original contract work completed "7841 ASI � ✓ OS Additions from change orders completed la, &08 1 © ?Materials stored at close of period -Q- O7 Total earned@+'O5 +& -7a9, 09(0 ® Less retainage of percent 59, 95-1 pTotal earned less retainage D- ° _ "j�j� 1h 1 z(' x 10 Less amount of previous payments 3� -77� ✓ © Balance due this payment 19 x cc: Contractor Comanche Corp. Engineer 41m. J. Nelson L Associates `?4U PAY ESTIMATE NO:_ MAIN STREET LOOP, LAKE, MARINE GRANITE POINT, F.B.O. ROAD PAVING, WATER, b SEWER IMPROVEMENTS 1984 CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief. I certify that all items and amounts shown on the face of this Periodic Fstimate for Partial Payment are correct,• that all work has been perfotmed and/or material supplied in full accordance with the requitements of the referenced Contract. and/or July authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up Co and including the last day of the period covered by this Periodic E,ttmate; that no part of the "Valance Due This Payment" has been received, and that the undersigned and his subcontractots have-(cr,eak aPPtlrabte tine) a. M Complied with all the labor provisions of said contract. b. Ct Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (11 (b) Is checked, describe erteltY nature of dlspure.) Comanche Corporation 13r i:cxf q (Contactor) Q�s (Siansttua of Authorised Representative) -a" 19—Ir Title CERTIFICATION OF ARCHITECT OR ENGINEER i Certify that 1 have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowled a and belief it is a true and correct statement of work performed and/or material supplied by the contractor; that all work and/Or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or assistants .Ind Chat it has bean performed and/or supplied in full accordance with requirements of the reference contract; and that partial payment claimad and tequested by the contractor is correctly computed on the basis of work performed and/or mate- rial supplied to date. Sisned FOR COUNCIL MESTING OF 1,21 Wm J. 'IQi1ftt►aVnA%sdciates Cfly fifgr, .�0 Allaray Oata �AGl�ST/L/ /9ds" P.Nk wtlrlts ­ 0Clty CNtk FINn�, PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Otlolfllll Tal'�/� Sy0111i OT..s K -•.�.. �a.� CIIeeY tYPe Of Payment eerttl/edr eft" O( PID (AYH Ct 1 have eheekaJ this cstim.tte against the contractor's Schedule of Amorntts for Contract Payments, the notex arid reports of my inspections of the proicec, and thv perinJic reports submitlej by the architect/cngincvr. It it my opinion that the ,.Cerement of work ppertormed and'tr matcri.tls supplied is accurate, that the contractor is ubNervrng the n•quiramcnts of the cnntr.tct. and Chat the contractor ShuulJ lrc paid Chu amount requested abute, 1 certify Chat all work AIIJ •or m.terial+ under the contr.ct hal been inspected by me att.l Chat it !,,t+ hccn IrrfurmeJ art.f •'or .sup- plied in full accordance with the requirements of the contract. Wm. J. Nelsoliytiil' AS901diates Amoved -AA*��T /y /9f I— (Contr.etssts ofrre..) (t)ete) •c- r 1 i 1 6 1 b A. A--r Ll Or I RAv-b,-rL Aar &at 0_, A jzv� Oto %--r —11-21—TA 6 (:4&4-1'BAC-,A9'U— NCtO 0 60 0-'e ?o z4 I L6 4600W- 44ba W -00.PS(Z.)-TiPEM r%l-l—/ISACA4frlW— 90 C-? a -720 6CA 1# 3o .02.(7.) ?X CZW-"S VAL.A-F-q Oawr-Mt Ito I-F zc r—, (002MICIL ,y f ,l �f V01651 M ' `�'" .I _ GxPLAiJAT1C�r.1g / KEAStaN'S �2 ADDt'Tl • ►iS CyF iq _If �f /► r � �T �M JJo PRoyIstow! I" ✓CHED.i+-9 FCA 15ACoCFtu_ "All L. �1PTEiL .... _. ... . __.. E,cca.�w•�tic.,.s of vw.�v8Ek8>� . �coEn �T�«-� � P���E F�r��-r SIM CAVL.asJA-r%oo.s Fc A 1tf-► t�o 26.06(2� , AZc-,sJE', %j0.24 �¢a.�tTc a 1 �.�. a+-� • w+AT w,.t t c E r-1 .E $ .4 Doe?) . $Ar�E Tv SCv►te.D v �£ � . �4.A wrs•5 C� tr�e� FG tZ. (2� 1 w LUM.,a,�T- tcaa S e LA" /H AR • af.. 5 Ce1Ea �s�.E i3 d w-%W? P'O Fc i& t aa.u�-►�t wt�4T•ea I - . � ?..0.�5(2� ��� EXP�Aa�-r�ow� Fcaz �-re�► hic� 71�•�iZ�i ABa�. t. SeH>:O�t_E 6,r. L,eCV) P�d.2tL �o ?tzpv�b�aa ».-SCA'Moo .E FoR-• ('Awa3: RUCs AVPP.OACA, �fauE-�E� /4?PR.p�►Ct�£S 'TKAT WEsZE �.�r.�r �E'EOEO Orl ,, � � pTNER 5Cr1Et��s`E`o Tv '6A�..�►aCE Q�ti4. -_ 0.14 ClDo Wf ., do oEc� m lei 'DIZtE'TeM� IT COA-5 -10. ict ►.azep- Pio t 4 (''SN - i �IJ Rrr f � '.r.�—�riK•:• 'r rii.•VI.Gt/'rj/. aN' I `wM. J. NELSON & ASSOC. ILLETUM OF 4M%1RSUutl977MIL OUN 1666 KENAI, ALASKA 99611 „ DA7/.$ 4/8 JOB NO. w, (907) 283.3583 A"ENTION SVLLIRLIYV " ITH KoRNELIS TO CITY OF KENAI l KENAI , AK 9%11 P ��"all 'AA a`'i;, WE ARE SENDING YOU A Attache or vtover via the following items: O Shop drawings O Prints O Plans O Samples O Specifications _ O Copy of letter O Change order O i i� r THESE ARE TRANSMITTED as checked below: Jp For approval O Approved as submitted O Resubmit coples for approval O For your use O Approved as noted O Submit copies for distribution O As requested O Returned for corrections O Return corrected prints O For review sad comment O s, O FOR BIDS DUE 19 O PRINTS RETURNED AFTER LOAN TO US REMARKS i COPY TO I SIGNED. � JAI not N .wtW, nay Roft w of Mel. r 4. -r- N FO IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT PROSSER CONSTRUCTION COMPANY, ) INC., Plaintiff, ) vs. ) CITY Of KENAI, Defendant. i NO 3AN-85-10390 CIV. i AFFIDAVIT OF TIN ROGERS STATE OF ALASKA ) ss. ` THIRD JUDICIAL DISTRICT ) I, Tim Rogers, being first 'duly sworn, depose and say: i 1. That I as the attorney for the City of Kenai. QZ. That I have reviewed the file, notes and the complaint In this case. 3. That this case concerns a construction project and damages for delay in completion of the project. 4. That the City of Kenai hired a private professional engineer, Va. J. Nelson, to overeat this project. S. That 1 believe there is a reasonable likelihood that because of certain statements made to Prosser Construction by Mr. Nelson, he may be brought into this case as a third party defendant. r. � aowAs orr�+rawr rwr. wtw►ww� 1 AFFIDAVIT x t . 1 i I TIM ROOM$ tltr ♦tton41 COY OF KINAt • O ,0. M0 A"A VAI I 7g7SH 6. That the offireo of Wm. J. Nelnon A Asnacsates are located acroa:s the street from City Nall In the City of Kenai, Alaska. CITY Of KENAI - f Tdmilo �ra~ ..City Attorney SUBSCRIBED AND SWORN to before me thislif� day of Auquat, 1985. �itarybltc for Alaska. , My Commission Expireas 3 7 2 - AFFIDAVIT I J TM PAWSAS OT AYdM• CITY Of KENAI •oso, w •Irw 4M,A w,n pi7SH IN THE 0I'.illil(71 ('011111 FOR Till STATI OF ALASKA THIRD JUDICIAL DISTRICT PROSSER CONSTRUCTION COMPANY, ) INC., ) Plaintiff, ) Vs. CITY Of KENAI, Defendant. NO 3AN-85-10390 CIV. MEMORANDUM IN SUPPORT OF MOTION 0 U S14 SS FACTS On July 18, 1985, plaintiff served defendant with a summons and complaint arising out of a construction project contract between the City of Kenai, Alaska and Prosser Construction Company. Prosser conducted all site work for the project within the City of Kenai, Third Judicial District, State of Alaska. Senate District K and a portion of Senate District S lie within the Kenai Peninsula Borough. All of defendant's witnesses, ascertainable at this time, work within 300 yards of the Kenai Courthouse. A possible third -party defendant is similarly situated. LAM State of Alaska District Court Civil Rule 2(a)(1) provides that s •The procedure in Civil actions and proceedings before district judges and magistrates shall be governed by the rules governing the procedure in the superior court to the extent that such rules are applicable." In this case, because there is no specific district court statute controlling where actions are to be filed,i AS 22.10.030(d), the Superior Court statute, is applicable and should be followed. AS 22.15.080 provides only for trana(ertr of venue for purposes of trial. 1 - MEMORANDUM ■ : n 1 ��fmriorars� TIM ROGERS ocnr An0■,ar City OF KENAI .o■o.m .ow Aus.A case ra{sw AS 22.10.031);it) providt,n t.lint i "Subject to AS 22.10.040. .1 trial and any praredenl or antecedent henringn Ili an act ton shall he vondilrted In it nenate dintrirt within the judicial district at a lorat into which would heat Nerve. the ronvenience of the parties and witneonea. Itnwever, if there in any part of more than one. nenet, district. within the boundaries of a harough, the trial and related hearings shall ba conducted within the borou(In 'n boundnrlen at a loCntion whirls would bent nerve the conveniences of the parties and witnesses." In enacting thin provinion, the legislature made, explicit the fact that its purpose was "to make the administration of justice more accessible to the people of rural arson of the state." Alvarado v. state. 486 P.2d 891, (Alaska 1971). Given this legislative Intent, it follows that AS 22.10.030(d) should be read so as to effectuate Its avowed purpose. McClellan v. Kenai Peninsula Bornugh, 565 P.2d 175 (Alaska 1977). In McClellan, the trial court heard croon motions for summary judgment before ruling on a motion by the Kenai Peninsula Borough for a change of venue. On appeal, the court first held that the cross motions fell within the precedent/antecedent category of AS 22.10.040(d). The court then concluded that because the controversy arose In the Kenai Peninsula Borough, the three defendants were all located approximately eleven miles from the courthouse in Kenai and one of the Plaintiff's principal place of business was in Homer, Alaska (90 miles from Kenai), the cross motions should have been conducted in the Senate district within the Judicial district at a location which would beat serve the convenience of the parties and witnesses. McClellan at 178. In McClellan, the proper location was the Kenai Courthouse. The question which McClellan does not answer is what constitutes convenience of the parties and witnesses under the Alaska Statute. There is a significant body of by federal case law which addresses convenience of parties and witnesses. See generally Wright and Miller, Federal Practice and Procedure §§3849 and 3851. Most of this case law concerns itself with transfers under the forum non-conviens doctrine. While not directly applicable to the Alaska Statute in question, thene cases can be used by analogy in this motion to diaraitis. 2 - MEMORANDUM fir••. r•• llwm �" 1 TM NOattlf pr. •nphf. . •. 41o. M . trW MAI.&QW, j11)7f1IP 0 Under federal law when n defendant mnve't fnr it lrnnnfnr honed on ronvenlenrr, tht•v nu,el show thnl lht. nrlglnnl forum In Inconvenient for It and thtlt Plaint I f t w111i1d It(it I)e ituhttllittt 1lilly lnr.onventenced by it t rnrtnfrr . By it •u•1 f r an argument by defendant that plalntlffIf) cholr.e of forum In inronvenit•nt fnr the plaintiff In not enough, ihnmno Y. Il.i, f.lnen, for., 571, F. Supp. 419, (D.C. Pa 1974), see generally wrirht A (Miller, 53849 at 259, n. 12. (PARtIFs) Under traditional forum non-convienn doctrine, ronidenr.en of the parties played an Important role in datermining which venue wss appropriate. See Wright. 6 Miller 53849, 4t 252 n.2, rtrItjht 6 Miller suggest that residence In not a controlling factor in determining venue if the convenience of witnelintin and the interest of justice points strongly in a contrary direction. They emphasize that courts should give weight to the rosldenee of the parties, §3849 at 253. Other courts have nuggented that in requests for transfer cases, the transfer will he refustrd if the effect is to merely ahlft the convenience from one party to another. Vasquez v. Falcon Coach Company, 376 F. Supp. 815 (D.C.N.D. 1974), Recidex Corp. v. Farrow, 574 F. Stipp. 715 (D.C. Pa 1974), also see Wright h Miller, §3848 at 246 n. 20, (WITNESSES) Convenience of witnesseu Is another factor which must be weighed in with all other relevant factors in order to determine propor forum. Wright h Miller suggest that the convenience of the witnesses is probably the moot Important factor to be weighed. 53851 at 264. Factors which should be conriidered are whether the witnesses are within the subpoena power of the court. Dueteh v. Dunne, 197 F. Supp. 907 (D.C.N.Y. 1961), and the possibility of having live tnatimony et trial. Hall v. V•ittily, 396 F. Supp. 261 (D.C. Del 1975). also see Wright b Miller, 53851 at 267. n. 5. 3 - MEMORANDUM I / Unr federal vane make-, 11 Clear Ihit t flit- dolretminallun of ne covnien el. of wltoenevn ahnuld not I.-rrune it haitle of numbers, Gnodmitti v. Southern Itailwav Litigantu should riot attempt In seek and pre -tent a longer lent of possible wit neonet Inrntt-d in their per•ipert ive dl'it r l rt%. In cases where a transfer, not a diumisnal, is beinq nought, the court oily be able to welgh witnennna against each other and assign values to Important witnennna and lass important witnesses. In a pro -avower motion to diaairis that to not the case because there has been no discovery. DISCUSSION In this coop we tiro not at the clone of discovery and do not I have a list of witneaues. Accordingly the court o cedii to weigh conveniences of parties and any apparent witneausti in order to decide on which aide of the fence the conveniences fall. If the conveniences add up in favor of defendant, the language (shall) of AS 22.10.030(d) to mandatory. If the Plaintiff fails to most i the requirements of the Statute, the court should dismiss the case and allow plaintiff to re -file. The facts in this Coco are very similar to McClellan. In this case the City Hall, located 300 yards from the courthouse, is the work location for the City's principal witnesses and its attorney. One posoible third -party defendant'o office is located within the city limits and the project site in controversy in within two miles of the courthouse. Because the defendant, City of Kensit is located so close to the Kenai Courthouse, there can be little argument that the Kenai location would be most convenient for defendants. The Alaska Statute speaks in terms of "portion" however, not defendants. As in the Federal cases, the Court should apply a balancing test to weigh inconveniences. In this cane, Prancer Construction's inconvenience, if any, should he weighed lightly Tim moans because Prosser chose to work in Kenai in the first place,. r,rr p 4101, Because there its one, plaintiff, one defendant and a psnnihler CITY OF nttau . 0 r,.,., •IrNr .u:.�wOrr Ul fix 4 - MEMO WIDIM i third party defendant, requiring plaintiff to re -lily in Kenai will nrt merely shift convenionees, but will be ennnistent with balancing in favor of re.sidpnves of parties (i.e. the City and the possible Lhird party defendant). All witnesses for defendants are within the Kenai area. In addition, as part of any construction project, the City of Kenai oaks that contractors hire locally when possible. Assuming, for purposes of this motion, Prosser hired some individuals locally or purchased materials locally, the list of possible witnesses in the Kenai area could become significant. Another consideration concerns viewing the site. While It is not clear at this point whether a jury view would even be requested, it remains a possibility. The cost of ground or air transport to Kenai from Anchorage for jurors would be cxtromely prohibitive. In addition, in the course of a trial, it may be to to the advantage of either side to view the site in order to more adequately prepare testimony. This fact should also be weighted i against the plaintiff. CONCLUSION In order to carry out the legislative intent of AS 22.10.040, and make justice more accessible to this rural area, the Court should interpret the Statute to effectuate is r i avowed purpose. Because defendants, a possible third party defendant, and defense witnesses all work within eight of the Kenai Courthouse `( and because any inconvenience to Plaintiff in having Kenai as a proper venue should be weighed lightly, the Court should dismiss this case without prejudice and allow Plaintiff to re -file in Kenai. Dateds This y�i day ofuic�� 1985. TIM a009Ns CITY Of M ENA i MY 0► KENr i oa.wn fly° �- •auryAywp,n im Hogers iarsu City Attorney S - MEMORANDUM i Cal ArtGGMr C"V OiKENAI .O p. IN .aw iuu.4%11 M7197, i IN Tiff 111'.ilitll:t l'011111 1lift fill SIAll III Al ViKA II111t0 .IIIDICIAI DISHIll:t PROSSER CUYSTRUCt1ON COMPANY, INC., va. CITY Of KENA1, Plslntlff, Dsfendant. NO 3AN-85-10390 C1V. MOTION TO DISMISS (CIV. R. 12(h)(3)) COMES NOW, Defendant, City of Kenai, by and through Its undersigned attorney and pursuant to Alaska Civil Rule 12(b)(3), moves the Court to dismiss this action because of improper venue. This motion is well-founded and not made for purposes of delay. In support of its Motion, Defendant relies on its attached memorandum of IaN and the points and authorities contained therein. DA1EDt Thin _f day of 1985. 1 - MOTION 10 DISMISS CITYOF ENAI^, � lm era - -City'Attorney IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT PROSSER CONSTRUCTION COMPANY, ) INC., ) ) Plaintiff, ) vs. CITY OF KENAI, ) ) Defendant. ) NO 3AN-84-10390 CIV. ORDER THIS COURT, having reviewed De'endant'a Motion to Dismiss for improper venue and the points and authorities contained in Defendant's memorandum at law and further finding that the convenience of the parties and witnesses would best be served by conducting this proceeding in the Trial Courts of the Third Judicial District in Kenai, now therefore, it Is hereby i ORDERED that the above -entitled action is dismissed without d I prejudice and that Plaintiff shall have days from j service of this order to re -file its complaint. Ii OATEO: This day of , 1985. i j.District Judge 1 � r ,I 1 - ORDER OF DISMISSAL c i r w F ' f 0 J t � i TIM wag" US, ASSpfi4r CV OF KfNM . O 00.90 •WM MAS"was. Mrs3S C IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT PROSSER CONSTRUCTION COMPANY, ) INC., Plaintiff, ) VS. ; CITY OF KENAl, ) Defendant. ) ) NO 3AN-85-10390 CIV. AFFIDAVIT OF MAILING STATE Of ALASKA ) THIRD JUDICIAL DISTRICT )so CAROL L. FREAS, upon oath, deposes and states: That she is(_ employed in the Legal Office of,the City of Kenai; that on the day of August, 1985, she served a copy of Affidavit of Tim Rogers, Motion to Dismiss, Order and Memorandum in Support o/ Motion to Dismiss one William L. Choquette, E sq. 629 "L" Street, Suite 101 Anchorage, Alaska 99501 by placing true copies thereof in the U. S. Poet Office, at Kenai, Alaska, in a properly addressed, postage prepaid envelope. Carol f rees ��it-est.ai SUBSCRIBED and SWORN to before me this J*' day of . August, 1985. c..�f .i , 11 1.T ,tQ /r't 'Lj zefi �I Notary Public for • laokal My Commission Expirpss J a IJ a , IL 1- SOUTHCENTRAL AIR, INC. 53989 DATE _—�R•+, '_ �_ ,f SHIPPER Bill El PHONE Bill PHONE SHIPPER: -thy RECEIVER: AIR BILL NUMBER WEIGHT . NUMBER OF PIECES,DESTINATION $ $ 5GA FRE H;V DESCRIPTION: SPECIAL INSTRUCTIONS: 1 _ ti _ . _ C - ; S LIMIT OF LIABILITY: The carrier's liability shall in no event exceed the declared value of TE s the shipment or the actual value (at the time and place of shipment) if such actual value is less than the declared value. The total liability of the carrier shall in no event exceed (1) the declared value of the shipment, or (ii) the actual value of the shipment at the time and place of shipment, or (Ili) the amount of damage actually sustained, whichever is the lesser. The total liability of the carrier shall be:100.00 per shipment unless charges are id on a higher declared value subject to the rules and fees contained In published tariffs and in no event shall exceed $750.00. X tu,t �fi dRi� Y.-Irm PAID ft owxrn s INITIAL. :N 18t1i. 4siiY'• i aK-is:td1UN"I MR T14Y STATE. OF ALASKA f AT A11CiIf1RA^,1: rRossm CON11TRUCTIOY ) COVIXY I II.C. Plainttf vs. CITY Or XSNAI, ) Defendant(s). ) Cnao No. 3At1-15-(D 7%D Civ. SUMMONS t1ILLIAMi J. BRIGHTON# City tianager TO, -City of a , Oefenrlant. YOU ARE, HE.RFRY SIMMD and required to file with the court an anawar to the coeglaint Wvich accompanies thia $uman$. Your answer moat be filed with the court at 303 K fitrent, Anchnraae, AlanY.a 99501 within read J 20 days* after the day you recolve this autmytrta. In Mdition, a copy of your arwwer 011at he Apra to Plnintiff's attorney, Villian L. Choquette JI' �e address !a: _629 L stroet, finite 102. AnobAraao, Alaska 99501. If you fail to file your answer within the reouired time, a dslault }tAx- R _ nrnt may he entered spainst you for the relief demviod+l in the canplaint. i This case has hear+ asaluned to S " d uperioc Court JuApe 1 I Th!s case has heart eaaiprtcd to District Court JuaPP �] Thin is a District Court caw url will !*t annir,rurl to an avaliahin (OOIIRT SEAL) MAW tW flllllrr ems` July 17 , 1935. ? _ Y •.rr i o, *14w Stat^ or a $tote office or agency rtameti nR a defmWam"t hart i �t f i le its BMW". ----` I /gyuGJ -- CIV-10D (5/92) (at.3) Mt 4, 5, 17 SS SIMMONS' .j j 1 { r , I I r T+ 6 ✓V� /P4 4P,°�" i M OR �I ,y i i i' i .� < < I IN THE DISTRICT COURT FOR THE STATE OF ALASKA 2 THIRD JUDICIAL DISTRICT .3 PROSSER CONSTRUCTION ) COMPANY, INC., ) 4 ) Plaintiff, 5 VS. ) 6 ) CITY OF KENAI, ) 7 ) Defendant. 8 9 No. 3AN-85- Civ. 10 COMPLAINT 11 COMES NOW the plaintiff, Prosser Construction Ccmpany, 12 Inc., by and through its counsel, Artus i Choquette, P.C., and, 13 for its cause of action against the defendant, City of Kenai, 14 complains and alleges as follows: 15 1 I 16 Prosser Construction Company, Inc. is a duly 17 established Alaska corporation with its principal place of 18 business in Anchorage, Alaska, has filed its biennial report 19 last due and is fully qualified to bring and maintain this 20 action. 21 II 22 Plaintiff and defendant entered into a construction 23 Contract whereby plaintiff agreed to do certain construction on 24 behalf of defendant and defendant agreed to pay therefor; which 25 job is commonly known as "FIRST AND SECOND STREETS - PAVING, 26 STORM DRAIN, AND SEWER IMPROVEMENTS, 1983.0 A copy of such �.- Y$ 27 Contract is attached hereto as Exhibit A and is made a part 28 1 hereof by this reference. Such Contract was modified between 29 1 the parties with respect to suspension of work and completion g 3 30 of items prior to project acceptance. �- 31 IiI s 32 Plaintiff duly and properly performed all obligations ��yyt�f8/g2 JUL N ae ISO a ��04iNM oP I ' - r i I I i ' .1 2 3 4 5 6 7 8 9 10 11 12 13' C C under the terms of the Contract as amended, substantially completed all such work, and the construction was accepted on or about June 26, 1984. IV Defendant has wrongfully withheld from plaintiff the sum of $12,000.00 0£ the contract price and is currently indebted to plaintiff in the sum of $12,000.00 plus interest thereon from June 26, 1984. V Despite continuous demand, defendant has failed and refused to pay such sum and continues to fail and refuse to pay such sum. WBEREPORB, plaintiff prays for relief as follows: 14 1. ?or a judgment against defendant, City of Kenai, 15 in the amount of $12,000.00, plus interest thereon fr { 16 June 26, 1984 to the :ate of judgment. = I 17 2. For coats and attorney fees incurred herein. I 18 3. For such other and further relief as may be' I 19 appropriate, premises considered. 20 DATED at Anchorage, Alaska, July _Lf_, 1985. 21 ARTUS &� CBOQUETTE, P.C. 22 Atto ns Isfor Pl nt ff j 8y 23 W lam L. C oq et } --- - I --.-:- I i � i d 3 �w s•� 24 25 16 27 28 29 30 31 32 4 S 1 S 'i i } �1 ' 1.. � 1 -2- M� 1 I /1 1 l c C O N T R A C T FIRST AND SECOND STREETS - PAVING, STORM DRAIN, AND SEWER IMPROVEMENTS 1983 THIS CONTRACT is dated as of the Z.A-day of July, in the year 1983 by and between CITY OF KENAI (hereinafter called CITY) and P. 0. Box 580 Kenai, Alaska 99611 Prosser Construction, Inc. (hereinafter called CONTRACTOR) 1360 E. 71st Anchorage, Alaska 99502 CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: .. a. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: FIRST AND SECOND STREETS - PAVING, STORM DRAIN, AND SEWER IMPROVEMENTS 1983 b. ENGINEER. The Project has been designed by Wm. J. Nelson & Assoc., Box 4625, Kenai, Alaska 99611 who is hereinafter called ENGINEER and i who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance } with the Contract Documents unless formally changed in writing by 4, the City of Kenai. c. CONTRACT TIME & LIQUIDATED DAMAGES, The CONTRACTOR hereby agrees to commence work under this CONTRACT on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 90 consecutive days thereafter. ----j �I Q-1 ntractor � _ 4+ EXHIBIT "A" t� i 0 C �. Liquidated Damages. CITY and CONTRACTOR recognize that time is ot t e essence of the CONTRACT and that CITY will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in ac rdance with Contrac currents. They also` recogn ze t e "delays, a ifficult es evolved in proving in a legal proceeding the actual loss suffered by CITY if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY Three hundred dollars ($300.00) for each day that expires after the time specified above until the Work is substantially complete. d. CONTRACT PRICE. CITY shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Basic Bid $ 504,880 Additive Alt. No. 1 31,000 Additive Alt. No. 2 30,350 TOTAL CONTRACT $ e. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Periodic Partial Payment in accordance with the Contract Documents. Applications for Payment will be processed by ENGINEER as provided in the Contract Documents. CITY shall make periodic partial payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Partial Payment as recommended by ENGINEER and in accordance to the Contract Documents. All periodic partial payments will be on the basis of the progress of the Work completed. Prior to Substantial Completion periodic partial payments will be in an amount equal to: 90% of the Work completed, and TTT of materials and equipment not incorporated in the Work Fut delivered and suitably stored, less in each case the aggregate of payments previously made. Upon Substantial Completion, CITY shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with the Contract Documents. /"w -2 Contractor nwn r f i Final 1)AVTAn1' 'C'. 94-1 ....-- .,c_.. __..,_ ...,.�.�. , �.... ....A a11t!VLdnce oC the Work an wit. t e CITY'S receipt�of the 1. Certificate of Compliance 2. Project Completed - Contractor's Affidavit of Payment of Debts and Claims 3. Project Completed - Contractor's Affidavit of Release of Liens 4. Project Completed - Consent of Surety Company to final payment and in accordance with the Contract Documents the CITY shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Contract Documents. f. CONTRACTOR'S REPRESENTATIONS. in order to induce CITY to enter into this CONTRACT, CONTRACTOR makes the following representations: CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. CONTRACTOR agrees that he has exercised his own judgement regarding the interpretation of subsurface information and that if he is awarded the CONTRACT he will make no claim against the CITY or the ENGINEER if, in carrying out the Work, he finds that the actual subsurface conditions encountered do not conform to those indicated by previous borings, test excavations, or other subsurface investigations. CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of any reports and related data in addition to those provided as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. Q-3 ontractor Own r f 17 1., CONTRACTOR agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this CONTRACT for a period of 1 year after the date of acceptance of the Work by the CITY, and further agrees to indemnify and save the CITY harmless from any costs encountered in remedying such defects. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. g. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR are included with this CONTRACT, made a part hereof and consists of the following: 1. Project Manual - Consisting of the following: a. invitation to Bid b. Instructions to Bidders c. Bid Proposal d. Addendum Acknowledgement and Addendum No. 1 e. Bid Bond (5• For-M ) and Power -of -Attorney f. Alaska Business and Contractor's Licenses g. Contractor's Questionnaire h. Certification by Contractor or Subcontractor regarding EEO i. Bidder's Spread Sheet J. City Council Resolution Awarding Project k. Notice of Award 1. Performance Bond (1001 of bid) and Power -of -Attorney •. m. Labor & Material Payment Bond (100% of bid) and Power -of -Attorney n. Contractor's Certificate of Insurance o. Non -Collusion Affidavit p. Corporate Acknowledgement q. Contract r. Notice to Proceed s. City of Kenai Deadline Calendar t. Alaska Minimum Rates of Pay u. Project Completed - Contractor's Affidavit of Payment of Debts and Claims v. Project Completed - Contractor's Affidavit Q-4 Contractor ow*r of Release of Liens w. Project Completed - Consent of Surety Company to final payment x, Supplementary Conditions to General Provisions y. Supplementary Conditions to Design Technical Provisions 2. Drawings consisting of a cover sheet and sheets numbered 2 through 10 inclusive with each sheet bearing the general title of: FIRST AND SECOND STREETS. 3. Standard Specifications - Municipality of Anchorage - June 1980. 4. All requirements of laws, ordinances, regulations, licenses and taxes. 5. Any Modifications, including change orders, duly delivered and executed after execution of this CONTRACT. There are no Contract Documents other than those listed above. The Contract Documents may only be altered, amended or repealed by a Modification. h. MISCELLANEOUS. Terms used in this CONTRACT which are defined in Contract Documents shall have the meanings indicated in the Contract Documents. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. CITY and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents, Q-5 Alz Contractor Ow r 1 W IN WITNESS WHEREC the parties hereto have ( ecuted, or caused bV VG VJ III/.► wY.l Ya/t //V..zVw vr. .w.r, ./I.Y VVI.�IYIv♦ in five counterparts each of which shall be deemed an original on the date first above written. OWNER: CONTRACTOR: CITY OF KENAI BY: ' Name: Wm. J. 8r ghton Title: City Manager (SEAL) STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this / ;'--day of 'e, 1983,�.ame: Wm. J. Brighton , Title:Cit Mana er , city of Kenai, Alaska a ng personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. osaA ar`y Public for Alaska My Commission Expires ./ PROSSER C,ONS TRUCTION INC. BY: ;� Name: Ka_ 6e*_+ pahc'k"g, (Please Type or Print) tLak. Q Aka,.&.� STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that this 15_ day of 1 3, Name: Tioo i e: Of being personally Xnown to me or having produced satis- factory evidence of identif- ication, appeared before me and acknowledged the voluntary and authorized exectution of the foregoing instrument on behalf of said corporation. N t{► y Pu U A r Alaska My mmission Expires( - 5. es Q-6 A� C ntractor Owner r . IL • � - '♦ / -'Yi'.«..A,. ,11i.?l1. _ _ _ - _ • pa"C �, V �� I I 1 • VY V I VV I Q ' PAY ESTIMATE N0: 3 ��ti �• ga ' CITY OF KENAI ptlt�iifo-� N� ' an p�fdVFA tO 0 Wesros Project AI MU IC •�� AIRPORT MAIN APRON E I WILLOW STREET EXTENSION Contractor Ko is ContrActors, Inc Address P. O. Box 1954 I _ Bellevue, WA 98009 Project No. Phone (206) 827-2955 Period From 7-9-85 to 8-12-85 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 1 D11 Original contract amount $1,649,884.00 22 Net change by change orders 3,234.50 3O Adjusted contract amount to date 1,653,118.50 ANALYSIS OF WORK C014PLETED O Original contract work completed 941,026.00 I OS Additions from change orders completed -0- © Materials stored at close of period ems. f 9 3 rr 00 O Total earned0+O+ 6O>, .'03' gs0,3b'/,00 —_ ® Less retainage of 10�/, percent 9S o 31Y !o �{ j V Total earned less retainageO9 -0= In Less amount of previous payments 507,454.53 ---- lI Balance due this payment Contractor Kodiak Contractors, Inc. J7_kj7 f Cn,ineer Mike Tauriainen, P.E. P I t I I, J r RM Page 2 0f .-1}Z—/ PAY ESTIMATE N0 KENAI MUNICIPAL AIRPORT MAIN APRON EXTENSION AND WILLOW STREET EXTENSION CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief. 1 certify that all items and amounts shown on the face of this Periodic Estimate foe Pattul Payment are correct. that all work has been performed andior material supplied in full accordance with the requirements Of the referenced Contract, and/at duly authorized deviations, substitutions. alterations. and/or additions; that the a requirements is a true and correct statement of the contract account up to and incluJinS the last day of the period covered by this Periodic Estimate. that no part of the Balance Due This Payment' has been received, and that the undersigned and his subcontractors have•(choek App'rtab/t Meet) a• omplicd with all the labor provisions of said contract. b. C CompiieJ with all the labor provisions of said contract except in those instances where an honest dispute exists with re - $pact to said labor provisions. (it (b)is Chocked, dosCribe hrlerly nature or d/sputo.) By - Kod a COt>rl')lpaolClrs r nC. (atansture of Authoresaod Representative) ,19&-edf. Title 2�)'L e /1�(Iati�n r CERTIFICATION OF ARCHITECT OR ENGINEER t certify that t have checked and verified the above and foregoing Periodic Estimate for Partial Payment: that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material supplied by the contractor, that all work and/or material incluJed in this Periodic Estimate has been Inspected by me anJ/or by my Jury authorized representative of asststants And that it has been performed and/or supplied in full accordance with requirements of the reference contract: and that raa en claimu4 and requostad by the contractor is Correctly computed on the basis of work Performed anJ,'or mate- rial sudate SiSned x n t .rIr FOR CUUN61L iasts4iNb 6F (] city fAor. —!.I netarnsy °"e �'j�ub11C Works try cr.fk PREPAYMENT CERTIFICATION BY FIELD ENGINEER 24cil ; Finau t `_"� T, Snpmltted D�Chock ryPo of Plyatent eerrtltod, OK (]rfo [jyess -- Ck� Cj I have cheCkeJ this estimate Against the contractor's Schedule of Amounts for Contract Payments, the notes and reports of my inspections of thr protrce, AnJ Cho perioJie reports submitteJ Sy the arohtteet•ingincer. It is my opinion that the statement of work purtdimeJ and 'or matcri.tis supplit•J is Accurate. that the contractor is observing the requirements of the contract. and Chat rho contractor shualJ be PAIJ the amount Coquetted abate. C I cCrtifv that a 1 work Anil -it m.ttve""i under the Contract has been in.prcted by me And that it has been pettormcJ a 'ot sup• plied in tui cordance with he reyutrr •nrb of the contract. t 4 Ike Taurfa n@f(latd (Date) Approved lC�ntreettn,t Olruo) (Dote) _ !II J 11 US. Department of Transportation F"oral Aviation Administration r���30 31• �2.P; r� ti JUL 2.,35 F. N CITY ADMIN. July 25, 1985 `NCITY11 f Alaskan Region 701 C Street, Box 14 Anchorage. Alaska 99613 Mr. William Brighton City Manager City of Kenai Kenai, Alaska Dear Mr. Brightons We really appreciated the opportunity to meet with Jeff Labhan and Charlie Brown on July 19, 1985, concerning the recent Office of Inspector General's (OIG) report. From the lands point of view, we were very satisfied with the City of Kenai's recordkeeping. All the questions raised by their report were answered. During this meeting, a discussion was held about the negotiated sales procedure that is presently used. As in the past, Howard Smith of my office has suggeted the land sales be done by bid sale rather than negotiated. However, it is recognized that past airport lessee's should have some rights to buy the property they had previously held by lease. Apparently, there have been certain parties lease airport property and then in a short time ask for a negoti- ated sale of the same property. We request immediate action be taken to prevent this circumvention of the bid sale Procedures. Two suggested methods are noted belows / 1. Establish a minimum lease term of 5 years prior to allowing for a requested sale. 2. Establish a date, i.e., August 1, 1985, wherein no future disposals will be allowed without going to bid sale except those who have a legal lease dated prior to August 1, 1985. These are only suggestions and recommend upon review that the City of Kenai develop an approved change to your disposal procedures. we would appreciate a response by August 16, 1985, as to what action the City intends to take. if further discussion is needed, please feel free to call. Sincerely, r— Paul A. Larson, Manager Safety and Standards Branch Airports Division i r' i' � I IE 7-0 M r- e,7 z:�, p-eoQ. c9—►�-0 .