Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1985-12-18 Council Packet
Kenai City Council Meeting Packet December 18, 1985 n AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 18, 1985 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (M) are considered to be routine and non-controvereial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requeeta, 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, Be PERSONS PRESENT SCHEDULED TO BE HEARD (10 minutes maximum) C. PUBLIC HEARINGS 1. Ord. 1094-85 - Amending Zoning Code - Landscape 'Y Regulations 2. Ord. 1100-85 - Amending Zoning Map - Lawton Acres ° 3 Ord. 1101-85 - Amending KMC - Lessee of Airport Lands Must Lease for Two Years Before Purchase -4. Ord. 1102-65 - Increase Rev/Appns - Repay FAA and State for Prior Grant Reimbursements -` .AZT 0 7 9 5e Res. 85-112 - Transfer of Funds - Sr. Citizens, State Grant - $2,740 & $3,480 6. Res. 85-113 - Transfer of Funds - Shop Overtime - $2, 000 7. Res. 85-114 - Confirming Assessment Roll and Fixing Payment - Sprucewood Glen S/D 8e *Application for New Liquor License Mr. D 9. *Application for Liquor License Renewal - Uptown - VIP, Back Door Kenai 3oe's 10. Application for Liquor License Renewal The Rig De MINUTES 1e *Regular Meeting, December 4, 1985 Ee CORRESPONDENCE 1e *Soldotne Mayor Farnsworth - Letter to Borough Mayor Regarding Sales Tax n t; 2. AK Safety Belt Use Coalition - Request for Ordinance Regarding Safety Belts 3. "Ginny Chitwood 6 Co. - National League of Cities Meeting in Seattle 4. *Alaska DNR - Boating Rules of Kenai River, Recommended by Kenai River Special Management Area 5e Juneau Mayor Polley - Budget Cuts for U.S. Coast Guard F. OLD BUSINESS G. NEW BUSINESS le Bills to be Paid. Bills to be Ratified 2. Requisitions Exceeding $11000 3. *Ord. 1103-85 - Increas. Rev/Appne - Water 6 Sewer Special Fund, Repayment to General Fund of Loan 4. *Ord. 1104-85 - Incress. Rev/Appne - Senior Citizens State Grant - $909031 5e *Ord, 1105-85 - Increas. Rev/Appne - Senior Citizens State Grant - $5,638 6e *Ord. 1106-85 - Increase Rev/Appne - Senior Citizens Borough Grant - $24, 068 7. *Ord. 1107-85 - Amending KMC - Exempt Personal Property from Taxation 8e +Ord. 1108 6 5 Amending KMC and Adding Title 24 - Cemetery 9. Approval - Vacation, Utility Ea ement Valhalla S/D 10e Discussion - Airport Insurance;N 41-0 Ito 11. Approval - Shore Fishery Lease - F. Canady 12e Discussion - Lease Agreement - R. Kochanuski - FBO S/D He REPORTS 1e City Manager 2. City Attorney 3e Mayor 4e City Clerk 5e Finance Director 6e Planning do Zoning 7. Harbor Commission Be Recreation Commission 9. Library Commission Is PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 minutes maximum) ADJOURNMENT .woe 10 9 . 0 -- .. -- - --- ---------- - -t- COUNCIL MEETING OF COUNCIL MEETING OF s J i f December 18, 1985 INFORMATION ITEMS 1 - KPB Agenda, Dec. 3, 1985 2 - Memo from Atty. Rogers - Fred Meyer 3 - Neweletter, Alliance - Dec. 1985 4 - Newaletter, Chamber of Commerce - Dec. 1985 5 - Neweletter, Kenai R. Special Management Area - Dec. 1985 6 - Memo - Clerk Whelan - 3sn. Council Meetings 7 - Newsletter - Resource Development Council - Nov. 1985 w •rww — = o - nro Revolution - Lit' Funding - '1VU6 9 - Billing - M. Tauriainen, P.E. - Airport Main Apron Ext. - $19,102.50 10 - FAA Letter - Distribution of'Federal Funde, Airport 11 - AK DEC - Sludge Landepreading Permit 12 - Billing - Landmark Commercial Contractors - Library Addition - $97,682.20 13 - Billing - Zubeck, Inc.-•M.A.P. Project - $61,739.64 14 - Library Report - Nov. 1985 15 - Misc. Info, Traffic Signal - Airport Way 6 Spur 16 - Misc. Info, Airport Leases 17 - Atty. Rogers Memo - Cannery Loop Unit Agreements, Lawton Acres Re -zoning, Canaday Shore Lease 18 - KPB Agenda - Dec. 179 1985 19 - Miec. Info - Street Lights in City jw 9 i k- -- -- 11 -- - -- - - ----- i; i Suggested bys Landscaping Review Board ! CITY OF KENAI r ORDINANCE NO. 1094-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI ZONING CODE SECTION 14.29.010 PERTAINING TO THE LANDSCAPING << REGULATIONS. 1 WHEREAS, the City of Kenai recently established the Landscaping Regulations, and WHEREAS, the Landscaping Review Board has had an opportunity to work with the Regulations, and WHEREAS, the Board has found some sections needing more definitive regulation. WHEREAS, the Kenai Advisory Planning & Zoning Commission held a public hearing on this matter on October 239 1985, and WHEREAS, as a result of the public hearing and testimony given the Commission recommends approval of the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows$ Section 1s KMC 14.25.010 is hereby amended as follows: 14.25.010 Intents It is the intent of this section to provide for landscaping sn or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. 14.25.020 Application This section shall apply to all commercial and industrial development within the City of Kenai. "Commercial development" shall be defined es any improvements requiring a building permit for [NEW) construction located on properties within the Central Commercial (CC) [AND] General Commercial (CG), Heavy Industrial (IN) and Light Industrial (IL) zoning districts. 14.25.030 Landscaping Plan - Submittal Reguirementss 1 I- r .' a PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 1985. OM WAIGNER, MAYOR ATTr4T. 3anet Whelan, City erk First Readings November 6, 1985 Second Readings November 20, 1985 Third Readings December 4, 1985 Fourth Readings December 18, 1985 Effective Dates January 18, 1986 ate--- T•- -: - --- r) AMENDED Suggested bys Landscaping Review Board CITY OF KENAI ORDINANCE N0, 1094-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI ZONING CODE SECTION 14.25.010 PERTAINING TO THE LANDSCAPING REGULATIONS. WHEREAS, the City of Kenai recently established the Landscaping Regulations, and WHEREAS, the Landscaping Review Board hoe had an opportunity to work with the Regulations, and WHEREAS, the Board has found some sections needing more definitive regulation. WHEREAS, the Kenai Advisory Planning 8 Zoning Commission held a public hearing on this matter on October 23, 1985, and WHEREAS, as a result of the public hearing and testimony given the Commission recommends approval of the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows$ Section 1s KNC 14.25.010 is hereby amended as follows: 14.25.010 intents It is the intent of this section to provide for landeceping end or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. 14.25.020 Amoli� cation This section shall apply to all commercial and industrial development within the City of Kenai. "Commercial development" shal be defined A;IU;Eted uiring a building permit for (NEW) construction on properties within the Central Commercial rcial (CG), Heavy Industrial IH) and Liaht Industria� 1 (IL) zoning districts. <14.25.035 Landecaaina Site Plans?01 f" 1 I T - Q powt -------------- PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, thie 16th day of December, 1985. OM GON , AY ATTESTS J-anet Wean, City C er Firet Readings November 6, 1965 Second Readings November 20, 1985 Third Readings December 4, 1965 Fourth Readings December 18, 1985 Effective Dates January 189 1986 1 f FSTITION FOR ZONING CHMIOE Favoring the eatabliehment of a Pizza Hut in our community. We the undereign, being residents of the City of Kenai@ do here-byy ppetition the City Council to change the zoning of city land at the interaection of Walker Lane and the Spur Hwy to allow for a commercial building. NAME ADDRESS TELEPHONE N / r 2r MA �..a_ ♦ E IVi J �a,0-14a a,' ,A ail �► �r.. raL • d:�-1=2 100 lie 19. / 160 -2;Z(Z'4'k�1 5.307 200 1(7�, 1�1 1 ``_a TITION FOR ZONING CHANGE Favoring the establishment of a Pizza Hut in our communityy. We the undersign, being residents of the City of Kenai# do here-byY petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. ADDRESS Z 15 40 ' c:)(3 3Ps`2 L2 ;- 4�S 10 IL e.&Iefl" RY3 -a2- 5- (AA, i k'Q. 01b �,� ,j�% X!z*r , C/ S w aZGd .�..✓���d e3SsV c Iv 7�,. 1161 GrPev�i a.G �, a8 3 - U 171Z F• n- r r., PETITION FOR ZONING CHROE Favoring the eetablishment of a pizza Hut in our community. We the undersignt being residents of the City of Kenai@ do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. NAIR Amass TELEPHONE a 3• s• . 6.f 7•� 9• . 11. . Igo i30 140 is _. 17• i8. i90 200 I ()41 .5 �m kf�� & . A-1 I ! - CA V 1 LOW CIA J /"u / 0, r7 11 — 2, 3 �'&7 /J wsS' a8r 3 • IN 3 7 /1.eftfti A17 - J9f r ►,d f� CIL 0J'AI De 437Y a 1 Q PETITION FOR ZONING CHANGE Favoring the establishment of a Pizza Hut in our community. We the undersign, being residents of the City of Kenale do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. i4AME TELEPHONE N s. . ) 313 Z. ,�;, Nr 9' L t V • w� c.��u • .... �. r. �,:i:-, . •• rY • .... dtoa -g/uQ 8. LD AY-rV 45-L<-&&*a 90 100 liege- we -x 14 is Ze,-�� 400 19: 141 11-/ 71 e� �y /,�- J1, 4W 0� e x . PETITION FOR ZONING CHANGE Favoring the establishment of a Pizza Hut in our community. We the undersign, being residents of the City of Kenai, do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. RIM r ADDRESS TELEPHONE # .I 7 , , I PETITION FOR ZONING CHANGE Favoring the establishment of a Pizza Hut in our c mmunity. We the undersigns being residents of the City of Kenai here -by petition the City Council to change the zoning of city lalYd at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. 1ANE JELEPHO T� Gov w J I . r � ram► L � / 90 to 010. �1 9 I do— /Sox 99 el 20 N PETITION FOR ZONING CHANCE Favoring the establishment of a Pizza Hut in our community. We the undersign, being residents of the City of Kenai@ do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. ARJD gSg TELEPHONE # C L /, - TIM �. l ► MYA. •► t ► As i, a ♦ �t1 IL 4k- J ( � • / �s v / 1 / IIIIIIIIIIM a n AADMOR TELE ONNE # PETITION FOR ZONING CNALOE Favoring the establishment of a Pizza Hut in our community. We the undersign, being residents of the City of Kenai, do here-by ii petition the City Council to change rtH zoning toryaioommerod at iai building, of Walker Lane and the p Hwy NAME i ,,..., . 3• 4. i• iaiKt6tltaP:',✓.:aerww�w,r.-a+c:r.> �_.,_.-......._-......._-.-. _ _ - _ _-._.�__--_,_. -. '- 4 PETITION FOR ZONING CHANGE 11 Savoring the establishment of a Pizza Hut in our community. We the undersign, being reeidents of the City of Kenai# do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. LANE +1 ADDRESS TELEPHONE j 5 I•� F- I r •i + f. PETITION FOR ZONING CHANCE C ! 'n Favoring the establishment of a Pizza Hut in our community. We the undersigns being residents of the City of Kenai do here -by petition the City Council to change the zoning of city land at the ntereection of Walker Lane and the Spur Hwy to allow for a commercial building. ADDRESS TELEPHONE M '1 2 3 4 6 7 8 9 10 11 12 14. 13. 16. 17. 18, 19. 20. O 0i� vFAM:. :,.��� • � �• ir..WON 1 0 PETITION FOR ZONING CHANGE Favoring the establishment of a Pizza Hut in our community. We the undereigne being residents of the City of Kenai, do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. NAME TELEPHONE M 1. _ Roma (,A W ie _ D ?. &X 3gO Sm , Ak _g%3-ASA _ z. 1'.. .. 1 % ' .. 1 Old 0 . � / 1 1 r- ' InI 1 rVAMI . M r% �.u_'1�w ')O-V .-. 1a11Q _> 1 o.� 3. To- Ala sy-tir 6. J �' �.� s S,1yto_ S.t4oto ; E;#% 114e -6101 to 7 • yrC&aON 7 ' S. / M.3-hlot le e. .Lf?s/,� ,�1�1�,;1� 8et/A�l I'Z�8 / tvT '��. ✓_pax ��ii .s,���n____,_ a93 -,qo46 90 � .'/e/�cY. �n.Cn� v 7- ZS3 3 -SN I? 10. .,? G-P-a"1 MIF f� 140 h 24,ir 16. l6 I(aZSr7 a:- 1,. 19 20. i i r PETITION FOR ZONING CHANCE Favoring the establishment of a Pizza Hut in our community. We the undereigrl• being residents of the City of Kenai# do here-1) petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. NAME DHSS TELEPHONE N r '� JJ.. r+ -1J P� Nr �' FAO P,0 x_ .,4b ~� ! lQ • 1 • Tr` .011 •v 1 - -. iv ,cam .n ,1 i1G % ... _ .n [a. �c+ . e, _ _ " -C.. -] . 20 • '�, 1 Pow 3 7 7 .�p�_ 7 76 - e 726 ( 1 4. - �•40 21Q= 1 1 � a _0-_13-:zi I 6: tinAbec 1J(kr_rt_ryv0 4tca . xevw. oMr ' _ ��Zd3 - VQOl all 9•� 10 �3 al43t 16, 1?, 18. 19. - 20. 1 ��r I I r° r� r PETITION FOR ZONING CHANCE Favoring the establishment of a Pizza Hut in our cocimunityy. We the undersign, being reeidents of the City of Kenai@ do her petition the City Council to change the Boning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. AAME ADDRESS TELEPHONE N _. 4 1� • 1 • 1 �..\ I / J loo lilt o, _&AIL I ==RAI a, �,/� • . � may, � � • i 16, �%/! / _ o. = , .l .♦ .. �.� S 1 .�. 200 M♦ _ .• ,I ,...�.. ------------- jZTITION FOR OINXI O CHANCE Favoring the establishment of a Pizza Hut in our community. We the undersign, being residents of the City of Kenai# do here. -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. r C M1 yrrYiwl PETITIOF F'OR 20NING CHANO Pavoring the establishment of a Pizza Hut in our community . We the undereigno being residents of the City of Kennit do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. ADDRESS TELEPHONE N T y0 • �/ �� l it a G".4%f r� Q` o$ '1 i n oil l. / OK / It o. a % ^% �^ &2 , a -I 3- V36A. 44�� -9�� =-uz 9 L,� P-4�PSL ---- .44 vo.t%c y= 3 CPS' '46; s oZ83 - '� ►'�1 ; „� `g#4$ y PETITION FOR ZONING CHANCE Favoring the establishment of a Pizza Hut in our community. We the undersignp being residents of the City of Kenai@ do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building, TELEPHONE # .1 PETITION POR ZONING CHANOE Favoring the establishment of a Pizza Hut in our community. We the undersigns being residents of the City of Kenai$ do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building. TELEPHONE # 6,.v S,p 4'7 AIY._ .l A 3 r 4- / /Z { an AqA 3-741- ,2 IZ-3 - 7a►74 Unr - 8, f'?O..(3c� 3.3 0�8'3— 91/2r SKID to. So/dock A- ' ; 11 • ri COW I 1 Yi�ill�ll�ue_ IC d �i '% 77& V-73 13 A'' L f'- e d C �•E3�06 16. -- - -- 17. i9. 20. i r+. Q � Ig�Sy 9 Y 4 a � k li PETITION FOR ZONING CHANCE Favoring the eetabliohment of a Piesa Hut in our community, We the undereign, being reeidente of the City of Kenai, do hereby petition the City Council to change the zoning of city land at the intermeotion of Walker Lane and the Spur Hwy to allow for a commercial building, TAME 19 R A . _ �F ��I ( t� • r. A w w 30 t�. h4ko1A/ Po. Boer ftS 6' NI kircm Irk 77h — ag 9� f' ,(�G(, b UjL_ & &X qq kiS II01, A'k py ? - 5q N 1 �• Qy1���i4G, P06 114C Kona, --AK- 4N61( 8 • ==L "o_ t_�i , „�,�_�, /�C�, c>>c 3&z/ knng it? d' 3 -') % 01 10. _ 0, 2%/J 51-MALAfl 9Y3._376eQ li • ' / nwa 76 - .Y- 10 / `7 12 • 13 Ad Cwtaes M. 1�• t�y,,�,Q tj Sow /! / 7 7 76 -0,4.3" fwA�� l3aY y2 27 /ee„Q; hA 2,23' q7$L �id l -1 ti21 A,'Az 11 L - 997 N is �= ,.' etc 3gDf•� 1"4�,ti�u 20o ])Qua . 11 PETITION FOR ZONING CHANGE Favoring the establishment of a Pizza Hut in our community. We the undersigns being residents of the City of Kenai, do here -by petition the City Council to change the zoning of city land at the terseotion of Walker Lane and the Spur Hwy to allow for a commercial building. NAI ADDRESS, TLLEPH i I � 60 OV -7' 7 6 9, i1 10. 11. 12. Lee i6. 19. 20. , I r j � iFETITI0IY FOR ZONING CHAIN Favoring the establishment of a Pizza Hut in our community, We the undersigno being residents of the City of Kenai@ do here -by petition the City Council to change the zoning of city land at the intersection of Walker Lane and the Spur Hwy to allow for a commercial building, NAND ADDRESS TELEPHONE 1 R WL. J...7"-tVO-R'I i _11 � _.. - i 1 Ia L-.�I1 .�7• ..0 • � 1 �1 r - i fratae• ♦ /� log • _LA --- I IV • ,. t%.w -A k• 1 L • • Y.. C a � Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1100-65 An ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING CERTAIN LANDS WITHIN WHAT IS KNOWN AS "LAWTON ACRES" FROM CONSERVATION (C) TO GENERAL COMMERCIAL (CC) DISTRICT. IInGIfGM�, ��i, 14#20.270 esiablienes a procedure to amend the ufficisi Zoning Map of the City of Kenai, and WHEREAS, the rezoning petition has been received from Kureni Corporation, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has conducted the required public hearing on November 27, 1985, and WHEREAS, the Commission recommends disapproval of the rezoning petition in accordance with Resolution PZ85-83. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows$ Section is Subject property consisting of those lands depicted in <Xhibit ' ere hereby rezoned to General Commercial (CG). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 1985. TOM WAGONER, MAYOR ATTEST: 3-anet Whelan, City Clerk First Readings December 40 1965 Second Readings December 10, 1965 Effective Dates January 10, 1985 Ile, h O � V` h , ,.. F• ` S u�b act ' � •• �'P�`'. �,` ,cry ed � CG Z• onG . � ,�• �.r CRA1MRol°1'i eBaAts �WQ/YOA, BARON PARK HOIV18101Yl CAR /NARc pop_M__ h' 00$0000, �. L. A W TON ACI(ES tyy som OR 4 G Q� s- /•%tk y ';+ JO P CITY OF KENAI "Od Capdal 4 4"11 ffl0F1A L00 i 1,A%M .Nit TlLePMONd�q•l�fI MEMORANDUM "Iyogers, Attorney of Kenai TOs Councilmembers City of Kenai DATES November 69 1985 RE: Spur Highway Conservation Lands The broad question asked is what procedures the Council needs to follow in order to eventually sell certain conservation lands along the Spur Highway. More specifically, the questions ores 1) What problems could arise if the City's attempts to petition for a rezone of land when the City is the owner of the land. 2) Is it possible for the City to sign the petition in a limited capacity for the purposes of initiating public hearings on the rezone. The second question aesumee the property is rezoned and the City decided to sell the property. Another question is, could the City in the ordinance that declares the property not needed for public purpose, in light of the fact that there are competitive interests in the land, make provision in the ordinance deleting broker's commissions and the offset bid option. FACTUAL BACKGROUND The property in question borders the Spur Highway across from Croycroft Chrysler and is generally described as Lawton Acres. Much of the property was originally in conservation zone, while part of it was in suburban residential zone. Later in August 1984, the property was rezoned to conservation. At that 1 r • T� time the City Master Plan reflected a conservation zone for that Particular area. Since that time there has been a new recommended comprehensive plan in which this particular conservation area hoe been zoned as a commercial zone. a Considerable interest has been expressed in the purchase of this property by various groups. One well known proposal includes the placing of a Pizza Hut on that property. Other proposals have included medical facilities. DISCUSSION Kenai Municipal Code (KMC) Section 14#20.270 provides the procedures which need to be followed to amend the official zoning map. Subparagraph b of 14.20.270 provides that amendments to the Kenai Zoning Code and the official map may be initiated by the Kenai City Council, the Kenai Advisory Planning & Zoning Commission (P&Z); submission of a petition by a majority of the property owners in the area to be rezoned; submission of a petition bearing the signatures of fifty registered voters within the City of Kenai; submission of a petition as provided by the Charter of the City of Kenai. This section of the Code makes it fairly clear that the City could, on its own initiative, simply request a zone change. Additionally, the City could, as the majority property owner in the area to be rezoned (there only being one area in consideration for rezone), submit a petition signed by the City Manager. I would conclude that based on the KMC there is no impediment to the City initiating a zone change. There are a number of other hurdles which would have to be cleared before the petition could be considered. Under subparagraph b(2) of 14.20.270, amendments to the official zoning map are only to be considered if the area to be rezoned contains a minimum of one (1) acre. Under subparagraph 3, the proposed amendment will not be considered if substantially the some proposed amendment was submitted within the previous nine months and was not approved at that time. In this case, the area to be rezoned does exceed one (1) acre and the proposed amendment has not been considered in the previous nine months and therefore 1 would conclude that these two items are not an impediment to a rezone of this property. Some maintain this area should be in accordance with the Comprehensive Plan that has been adopted. In at least one New York case, failure to rezone in accordance with the comprehensive plan invalidated a rezone. See Northeastern Environmental Developers. Inc. v. Town of Colonie, 422 NY Sup.2d 979). ri 2 0 It would probably be in the City's beat interest to rezone this property if a sale wee contemplated. Because the property is currently zoned conservation, any attempt to sell the property would face a severely depressed appraisal because of the non -buildable zoning. The City could sell the land before rezoning it and let any developer take their chances with the rezone. However, this would not be to the City's beat fiscal benefit. Another impediment to rezone and sale might be that before any City land can be sold, the Council must first make a finding and 41n&nC& LL-L 1.L- L.. $- L J_J O__ 1 . 1 --- �Noo an YL Y<.PIIMO MIIOL 4.110 PL Y'.OLYY 40 IIY Ir IIOOYOY IYL FiV V11V purpose (KMC 22.05.050). The question may be raised whether the fact that the property is currently zoned as conservation is prima facie evidence of a need of the land for public purpose. This memo is being prepared on short notice and I have been u6able to find any cases regarding this issue. I have instructed the legal assistant to research the matter and should have more on this at a later date. One final point which needs to be addressed is the actual sale. The question has arisen whether or not the Council could, in the ordinance which declares the property as not being needed for public purpose, also insist that the offset preference bid not be given and that any real estate commissions not apply in this case due to the competitive interests in this land by different parties. The commission question is more easily answered and I will deal with that first. I have previously concluded that in a case 1 where the City is selling land to a lessee, that no commission to a broker would be appropriate. See memo regarding Fred Meyer sale . In that memo I examined the intent of the Kenai Municipal Code provision allowing for commissions and concluded that it was not the intent of the City to provide commissions in cases where the broker did not actually have to bring in a buyer. The situation in this case would be very analogous in that the property is well known by several competing interests and there would be certainly no problem getting a buyer in this case. Such being the case, 1 see little reason to allow a commission in this case. The simple way to avoid any problem with this would be to actually make such a provision a part of the ordinance declaring the property not needed for public purpose. The question of whether the Council may suspend the offset bid option by ordinance is more difficult question. KMC 22.05.040(b)(6) provides for the offset bid option. The offset bid option only applies to sealed bide. Accordingly, the simplest way to avoid having to use the offset bid option would be to sell the land by public outcry auction or sealed bid. This E n I t J . ., `.�.«.. .., _.,, ,� •. . ,.: ,ram o . would probably in the best interest of the City because such auctions would tend to bring a higher value for the land and given the amount of competitive interest in this particular parcel, would more likely bring a higher value. If the City wanted to conduct the sale by sealed bid and still did not wish to allow an offset bid option because of the possibility that the price would be deflated, the City could, when it passed the ordinance declaring the land unnecessary for public purpose, also place a provision in that ordinance that given the competitive interest in this particular piece of - pruperLyp LhuL no ofrisei bid option will be allowed. Ine vouncii should make specific findings to support this position . TR/clf 4 y r n- t 0 (% Suggested by: Administration CITY OF KENAI ORDINANCE NO, 1101-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.040 (c) BY REQUIRING THAT A LESSEE OF AIRPORT LANDS MUST HAVE LEASED FOR A PERIOD OF TWO YEARS BEFnRF HF HAS A RIGHT TO NEGOTIATE A PURCHASE AT FAIR MARKET VALUE. WHEREAS, the Federal Aviation Administration (FAA) is concerned that lessees of Airport lands may be leasing property with the intention of subsequently purchasing the property by negotiation, and thereby avoiding competitive bidding, and WHEREAS, the City and FAA have agreed that a two year waiting period will reduce the number of occurrences of ouch leases. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 22.05.040 (c) be amended as followes 22.05.040 (c) If the tract of land proposed to be sold is leased land upon which substantial improvements have been made, the lessee may, at his request, negotiate the sale of said land at not lose than the fair market value. However, if the land is Airport land. the current lessee ob_tains't is r gh o nego_ a e 3—nly after he has-leaeod t land For thetwo-year eer o TNmediately prace n e sae (this condition applies to E or an s leased after January 16, 1906). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 1985. ATTESTs Janet Whelan, City Clerk TOM WAGONER9 MAYOR First Readings December 4, 1985 Second Readings December 18, 1985 Effective Oates January 18, 1986 s i i t' Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1102-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1985-86 AIRPORT LAND SYSTEM BUDGET BY $229079 TO REPAY THE FEDERAL i AVIATION ADMINISTRATION AND THE STATE OF ALASKA FOR PRIOR GRANT REIMBURSEMENTS. r' WHEREAS, the FAA has determined that the City of Kenai claimed A22;791.2n an nran+ o_linlhio onato fnr now Oo�wln7 c:r fenCV restoration and that these costs were not eligible for ► reimbursement because the City exceeded the scope of the grant; and, WHEREAS, the FAA and the State of Alaska participated in these costs at rates of 93.75% and 3.12511 respectively; end, WHEREAS, the FAA has asked for repayment by the City, and the City expects the State of Alaska to also ask for repayment. 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 Airport Land System Increase Estimated Reveouees Appropriations of Fund Balance $229079 Increase Appropriations: Airport Maintenance and Operations - Miscellaneous $22,079 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this a wr%V day of December, 1985. TOM WAGONER9 MAYOR j t ATTESTs 1 anet Whelan# City Clark - First Readings December 4, 1985 Second Readings December 189 1985 Effective Dates December 16, 1985 [ 11%26/ed by Finances -C Pg Sri i i r. ti a, 8 MEMO TO: William J. Brighton, City Manager FROM: Charles A. Brown, Finance Director e 44 DATE: November 26, 1985 SUBJECT: FAA request for repayment on Fencing and Equipment grant #6-02-0142-08 In 1981, the City received a grant from the FAA for fencing and t____ r{.� v�..�i ♦J..�w..r fJirl. rewwv.l Fw hl�o Rowni..n nnrf;nw dy.iaruwa� Ob 1....+ pp...1r sr.,.v... •�•• �Or... ..0 f _ _ _ the project was $50,000 for installation of 3,200 feet of new fence, and $70,000 for reconstruction of 5,600 feet of existing fence. For those amounts of money, the City was able to install and reconstruct more fence than the designated footage allowed in the grant. The FAA notified the City in December, 1982 and in February, 1983 that the footage in excess of the limits set out in the grant would not be eligible. They were very specific about this. In the September, 1982 letter, they went on to inform the City that we could amend the grant to increase the footage. This amendment would have to have been done prior to construction. The City apparently did not ask for a grant amendment. The FAA is asking for repayment of $21,366.75 (93.75% of $22,791.20). I have notified the State of Alaska about this and have asked if they will demand a refund of $712.23 (3.125S of $22,791.20). At this point, I hardly think it's worthwhile to debate this issue with the FAA. The City has erred, and I can think of few defenses to present to the FAA. The best we can do now is to try to prevent this from happening again. The problem here seems to be that the City does not have a single individual responsible for a particular grant. This is especially true with Airport grants. In this case, the grant application was prepared by the Airport Manager (with help, I believe, from the Public Works Dept.). The Public Works Dept. supervised the work. The Finance Dept. filed grant reimbursement requests. Note that the November, 1982 letter from FAA was written to the Airport Manager, but the February, 1983 letter was written to the City Engineer. The Finance Dept. became aware of these letters on November 14, 1985 (by the FAA). All three departments either had the opportunity, or could have had the opportunity, to prevent this from happening if we would have worked together rather than independently. In the future, perhaps we should name one individual to maintain a file of correspondence regarding the grant. f n ►n i U&Depatmwt Alaskan Roplon 701 C SIMI. Box 14 ofTmnsporlotion Anchorage, Alaska Werol Avlation 09613 AdmInistmNon i November 21, 1985 Mr. Charles A. Brown Finance Director City Oi penal 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Browns During our review of the oity#e final reimbursement request and the Federal Aviation Administration's (FAA) project Files, for Airport Development Aid Program Project No. 6-02-0142-089 we came across Ineligible construction costs totaling $22,791.20 ($120,000.00 - 497,208.80). We believe the miscalculation can be traced to the following Items. The city has claimed cost amounting to $120#000.00 for the construction of the seourity fence. The construction project exceeds the scope of the grant agreement work description. A letter was sent to the sponsor, dated February T. 19830 which listed the eligible quantities for these work Items. The eligible costs, per the approved bid prioe, are as follows: Eligible Bid for Federal Unit Par ieiBatien 9= Total 1. New Fence 3,200 L.F. $ 13.50 $43,200.00 2. Double Drive Gate 13 ea. $469.00 $ 6,097.00 3. Walk Gates 8 ea. $171000 $ 1,368.00 4. Restore Existing Bence 5,600 L.F. 8.45 $47,320.00 S. Clearing & Grading 790 L.F. i .90 $ 711.00 6. Restricted Signs 2 ea. 26.40 A 92.90 TOTAL $98,748.60 Change Order No. 3 `,640 M $97►208.60 A grant amendment to increase the amount of eligible work on the fencing portion of the grant can not, at this time, be approved. An amendment of this nature would have to have been submitted and approved at the beginning of the project, before actual construction work began on that Portion of the fencing which exceeds the amount identified in the appooved grant agreement. r '~ r . t I k. i t t� 3 - 1 .+. r I F f 2 r) To our knowledge copies of all pertinent correspondence are attached for your review, including a copy of your final claim, for reference purposes. Once you have had an opportunity to review the enclosed materials we will need to discuss the final claim and the beet method and timing for reimbursing the nA $21,366-75, the federal share of $22i791,20, If you have any Questions or need additional information please feel free to contact Mr. Dave Johnson at 271-9443. Sinoerely, Pioyd H. Pattison Manager, Planning 6 Programing Branob Airports Division Enclosure h , i r e. • w• USRapartment `, ollhonsportallon Federal Avlallon AdmInblrotlon September 22, 1982 Alaskan Roglnn 701 A Stress. Do% 14 Anchorago. Alaska 90513 Mr. Jim Swalley Airport ManaVer ulby us hello@ P.O. Box 680 Kenai, Alaska 99611 Dear Mr. Swalleys Kenai Municipal Airport Security Fencing ADAP Project No. 6-02-0143-08 We have reviewed the preliminary plans and specifications for installation restoration, and relocation of security fencing at the Kenai Municipal Airport which were transmitted with your letter of September 1, 1982 There are several omissions in -your MBE/FMBE "boiler plate" specifications We are returning your specifications with the necessary changes. We have also included a set of State of Alaska, Department of Transportation and Public Facilities, specifications which you my wish to use as a fuide. A Federal Aviation Administration (FAA) publication entitled 'minority Business Enterprise Program Development k.l for Airport Grant -in -Aid Recipients" 1s also enclosed for your use. Your letter of September 1 to Mr. Strickland requests our concurrence y„r ,o use the $31,600 received from the sale of a shop building for the construction of a fence in the fixed base operator (FBO) area. Our 11�letter to your office dated August 26, 1979 outlines the conditions for tnvesting the money. Basically the letter states that the money must #o - be reinvested within a 6-year period for sp&cifled items of airport,develc / �"` ment (such as eligible items of airport development set forth in FAR ' Part 62). The money cannot be used as the sponsor's share for Federal funding under the ADAP program. The money may be used for fence construe. Lion in the FBO area or any additional segment of fence construction showr on the preliminary plans and sppcifications submitted to us. The lineal feet of proposed new fence construction and the restoration of existing fence do not agree with the grant work description. a" e appears to be enough money in the grant to construct more fence Jan .Jranz _essccr Q on a ows. ou ma s o ame a rat a cr ton t ne u e A sue • vA s 16r�—naton_ s could be done after tha bid open nl Sincerely, Kenneth R. Moore MA form 1360.14 17.6" CF1MAv4W,c6afety H Standards Branch 3 Enclosures I .Airports Division AAL-620.RVGri ffi th.eh.9/2../A2 K t` Y February 7o 1983 Mr. Jack La Shot VA044 1111M404M.1 As----& -- 1t-11M 1 1'1Y11 1 r 1 ru 1 n 11 MYI Y P.O. Box 680 Aenai, Alaska 99611 Bear Mr. La Shot: Kenai Municipal Airport ADAP 6-02-0142-08 The final plans and specifications for the subject project have been reviewed and are approved. XThe fencing as shown on the plans exceeds the lengths of fencing in the grant description by a considerable amount. The grant description reads as follows: "Install 3s200 L.R. and reconstruct 69600 L.F. ! security fences...." ; We have listed below the pay items that we consider are eligible for 1� federal participation 911gible fa QuantiU Federil cl ti 1 a� 1. Furnish b Install New Fence 49150 L.F. MOO L.R. 2. Furnish b Install Double Drive Gates 17 ea. 13 ea. $.-. 3. Furnish 6 Install Walk Gates */signs 12 ea. 8 ee. •+� G. Restore Existing Fence 69265 L.F. S AO L.F. 7. Clearing b QrAlidg 19650 L.F. 790 L.F. c�� -- 8. Furnish A Install Extra Airport s Restricted Signs 3 ea. 2 ea. Enclosed is one signed and approved set of plans and specifications.for Your file. You may advertise this project at your convenience. Sincerely, Kenneth R. Noore, P.E. t� oo.' Manager, Safety A Standards Branch /ANArr SIdif'p4 �s•eTl dArgnr� %*Ion ML-620:RGriffith:5454:hb:2/1/83 III r) MEMORANDUM TOt Keith Kornelis, Public Works Director FROM: Jack La Shot, City Engineer DATEt December 13, 1983 SUBJECT: AIRPORT FENCING PROJECT x♦ vwisi�a f/V—Vi—V1ML—UO While preparing plans and specs for the referenced project, I received a letter from Ken Moore of FAA saying that the actual bid quantities did not match with the grant description. After some research, I found that I had a phone conversation with Mr. Moore about the letter and several other matters dealing with the plans and specs. I am sure, as a result of that conversation, I waited to initiate amending the grant. It was probably decided that to wait until after the bid opening and award, we would have a better handle on actual quantities and unit prices. Subsequently, after 2 or 3 months of delays with getting the project to bid and awarded, I am sure the amendment was shoved aside. The letter to me did not indicate a time limit for amending the grant and I'm sure if Mr. Moore had mentioned it in our many conversations, the matter would have held a higher priority. I must agree with the Finance Director that one person should be responsible for grant administration within the City of Kenai. JL/sw :' 1 %1� 0 R f Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-112 li BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT C THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1985 "KENAI SENIOR CITIZEN'S PROJECT". r RONS P Access Services: Leave <$ 600> ESC < 1t200> Health <94,0) _ Congregate Meale: Selariee <$ 600> r Leave < 250> cy PERS < 122> ESC < 941> ., Worker's Compensation < 182> Health < 1p281> Supplemental Retirement < 100 o TOs . Access Services: Communications Utilities Equipment Congregate Meales Operating Supplies Repair and Maintenance Supplies Communications Utilities Equipment F 140 1,000 $ 800 440 140 10000 11100 l The Older Alaskans Commission has asked that we utilize the grant f d un 8 CO the fullest extent. To do this, we must have transfers out of personal services. The equipment to be purchased is a computer printer, battery -powered back-up supply, food processor and a microwave oven. PASSED 9Y THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of December, 1985. Tom Wagoner, Mayor ATTEST: Janet helen, City Clerk Approved by Finances a qA 12/11/05 i .ow'.. ... = Suggested byt Administration CITY OF KENAI RESOLUTION NO. 85-113 I BE IT RESOLVED BY THE COUNCIL OF THE CITY nF KF_NAT. AIACVA TWAT i t FULLUWING TRANSFER OF MONEY BE MADE IN THE 1985-86 GENERAL FUND BUDGETt FROMt Shop - Salaries $29000 TOs Shop - Overtime $29000 This transfer provides money for overtime in the shop department. Two positions have been vacant in this department, requiring an unusual amount of overtime and an underexpenditure in the salary account. j PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day i of December, 1985. ` Tom Wagoner, Mayor t ATTESTS Janet Whelan, City Clark Approved by Finances C4/1 =__. 12/11/85 e tl .. .W Qw- 7 Suggested bys Administration CITY OF KENAI RESOLUTION N0. 85-114 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE ASSESSMENT ROLL ON SPRUCEWOOD GLEN AND FIXING PAYMENT. i+HERLAb, a public hearing has been held on the assessment roll for Sprucewood Glen Special Assessment District; and, WHEREAS, Council finds that the assessment roll is proper. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1s The assessment roll attached to this Resolu on s confirmed by the Council. Section 2s Aeseesmente as identified on the assessment roll ehal levied against the properties in the Sprucewood Glen Assessment District, and are to be used to pay principal and interest on bonds sold to finance the project. Section 3s Payments shall be fixed over a ten-year perio ,nth aannual payments due beginning January 1, 1987. Payments shall be delinquent if not received by February 1 of each year. Annual payments shall be in equal installments, Including 10.75% annual interest. Delinquent installments will be charged a penalty of ten (10%) percent on the entire installment, along with additional interest accruing at the rate of 10,75% per year on the principal portion of the installment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of December, 1985. Tom Wagoner, Mayor ATTEST: Janet he an, City C er 1 pprove8d by Finances � r f 9 00) oil SPRUCBWOOD GLEN SUBDIVISION FINAL ASSESSMENT ROLL November 13, 1985 Lot Par_ Owner Assessment City Greenbelt 047-052-16 City of Kenai $ 25,058.67 Tract E 047-054-01 Schilling and Tyler 36,509.11 Tract D 047-053-01 Schilling and Tyler 9s931.68 Tract F-is 02 047-052-23 Ed Lowry 17,923.61 Tract B-1, 02 047-052-21 Ed Lowry 5,081.05 Tract C-1s 02 047-053-05 Ed Lowry 69893.08 Blk is Lt is 02 047-052-15 Ed Lowry 69636.65 Blk is Lt 2, 02 047-052-14 Ed Lowry 11,182.19 Sik 1, Lt 39 02 047-052-13 Tommy Partee 12,189.64 Blk is Lt 49 02 047-052-12 Tommy Partee 11,765.46 Sik 19 It 5, 02 047-052-11 Tommy Partee 10,841.10 81k 2, It 69 02 047-052-05 Ed Lowry 8,483.79 Blk 2, Lt 7, 02 047-052-06 Ed Lowry 1Os545.91 Blk 2, Lt 8, 02 047-052-07 Ed Lowry 10,492.89 Blk 2, Lt 9, 02 047-052-08 Ed Lowry 11,500.35 Sik 29 Lt 10002 047-052-09 Ed Lowry 12,833.20 Addressees Ed Lowry, 10819 Spur Hwy. 0125, Kenai, AK 99611 Tommy b Beverly Partee: Box 607, Sterling, AK 99672 Schilling b Tyler: Box 7155, Nikishka, AK 99635 8 207.868.38 r —JL: ! � I• DWART:NENT OF RBVZNUR 550 W. 7th Avenue ALC0ApL/C8BV8RAOFC0fffi0LRWO Anchorage, Alaska 99501 .iAMA* W alan. Marlf City of KenA1 210 Fldalgo Kenai, Alaska 99611 i December 9, 2985 , w� w Dom.• Dear Ms. Whelan: Ye ars in rsceiot of the following OPPlication(e) for —A NEW liquor license(s) within the N tv of Kenai You are being notified as required by AS O4.11.S20. BEVERAGE DISPENSARY LICENSE_; TOURISM Mr. D's; King Oscar's, Inc., Donald Marvin Aase, P/T; Airport Way 8 Spur Hwy.; MAIL: P.O. Box 1080, Kenai, AK 99661. r _ } a .y 9 IF - A local governing body as defined under AS O4.21.080(10) may protest the approvsl of the spf" estion(s) pursuant to AS O4.11-480 by furnishing the board W the applicant with a cleat and concise written statement of reasons !n support of a protest of the application within 30 days of rsesipt of this notice, It a protest in tiled, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, it not satisfied by the informal conference, is entitled to a forms, hearing in accordance with A8 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTBBT. Under AS O4.11.420(a), the board may not issue a license or permit for Promises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. It you wish to protest the application, referenced above, please do so in the proscribed manner and within the prescribed time. Please show proof board willService grantUpon taelocs1 governingder body aniestensioe of 304days(in the which to protest an application it a request is filed in writing within the original 30-day period. l� If a municipal zoning regulation or ordinance prohibits the sale or .. consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the regulation or ordinance it You have not previously done so. PROTEST UNDER AS 04.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in Mind in responding to this notice. Under AS O4.12.310, it applicable, a notice is also being provided to the appropriate community council within your municipality. 4tgty aihoon Recorai6 & Licensing Supervisor (907) 277-8638 n r Y r A local governing body as defined under AS O4.21.080(10) may protest the approvsl of the spf" estion(s) pursuant to AS O4.11-480 by furnishing the board W the applicant with a cleat and concise written statement of reasons !n support of a protest of the application within 30 days of rsesipt of this notice, It a protest in tiled, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, it not satisfied by the informal conference, is entitled to a forms, hearing in accordance with A8 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTBBT. Under AS O4.11.420(a), the board may not issue a license or permit for Promises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. It you wish to protest the application, referenced above, please do so in the proscribed manner and within the prescribed time. Please show proof board willService grantUpon taelocs1 governingder body aniestensioe of 304days(in the which to protest an application it a request is filed in writing within the original 30-day period. l� If a municipal zoning regulation or ordinance prohibits the sale or .. consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the regulation or ordinance it You have not previously done so. PROTEST UNDER AS 04.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in Mind in responding to this notice. Under AS O4.12.310, it applicable, a notice is also being provided to the appropriate community council within your municipality. 4tgty aihoon Recorai6 & Licensing Supervisor (907) 277-8638 n r Y r ' vl,� L1CY.f1lfRD PRPM1RRS DIAARAM LOCATIONQi. '3 I1SlRUCTIOU01 Draw a detailed (lone plan of your current or proposnd 11consod promises on tho graph b@lowl @how all ontranc@O and o@Its, and all flsturoa ouch a• counter#, bare, eoolors, @teg@s, ate. Indicate Ocala used by 1; alter @pproprlato staton*nt. SC0�( ALE A SCALE A - I square a 1 Oq. ft. 1 @quaro 2 @q, ft. Outilno the area to be do@Itnatod for sale, enrolee and consumption of consumption of alcoholle bovaraga# In PA. A, �C I r r } Y V r • i Q O Q Q Q BILL SHEFFIELD, GOVERNOR Ctf.;CaACMNLUNT OU CCC:N'EMUR 550 W. 7th Avenue AX0H0LlC8EVER4GEC0NTR0L BOARD Anchorage, Alaska 99501 December 9, 1986 Janet Whelan, Clerk City of Kenai 210-Fidelg0 � ho11Y It AX 2neJ OV #� AI �l( Dear Ms. Whelan: We are in receipt of the following application(s) for restaurant designation permits) within the CjtY of Kenai Complete the enclosed applications and return to our office. BEVERAGE DISPENSARY LICENSE - H/M MR. D'S Enclosed is a restaurant designation which allows access of persons under the age of 19 to enter a licensed premises for purposes of non-alcoholic related employment or dining. Pursuant to AS O4.16.049, the Alcoholic Beverage Control Board, "with the approval of the governing body having jurisdiction and at the licensee's request, shall designate which premises are hotels, restaurants, or eating places only for purposes of this subsection." Sincerely, d �� Betty L Calhoon Records and Licensing Supervisor (907) 277-8638 Enc. P ( s .. I 1 lr 'r SIAIL UI ALASIA ALCOHOLIC BEVERAGE CONTROL BOARD RESTAURANT DESIGNATION PERMIT APPLICATION -AS O4.16.049 The granting of this permit allows access of persons under the ago of 21 to designated licensed pq�lses for purposes of dining or employment. If for employment, please state, in detail, h ..-'the minor will be employed, duties, etc. (16 AAC 104.445(a)). The application is for designation of premises where persons 16 years and older may dine unaccompanied. ® persons under 16 yrs. may dine accompan- ied by a person 21 years and older. persons between 16 and 19 years of age Applicant(s) S'Ci9gs- 04e , may be employed. D/B/A kname or esiaoiisnmentj Address ro at24 /o r0 d7pe& Hours of operation -4',4 to M�r y ! r Telephone number P-14- 3LGa A menu must accompany ti'ii s a�Tic, at on. l enu enc ose (gyp aveffNo ce ever een ca e o your premises by you or anyone else for any reason? Yes M If yes, date(s) and explanation(s). Minors duties,',, Are video games available to the public on your premises?-4 Do you provide entertainment? Yes ❑ No a If yes,describe. This permit remains in effect until expiration of the liquor license or at the discretion of the Alcoholic Beverage Control Board. Renewal must be made in conjunction with the liquor license renewal. (15 AAC 104.445 (b)). I certify that I have read AS O4.16,0499, AS O4.16.060, 15 AAC 104.435 and 15 AAC 104.445 and have instructed my employees about provisions contained therein. pp cants signature Subscribed and sworn to before me this :)I day of it NE IBEe • I l* - v Votary u c in and for Alaska #.-Jcat on approved: My commission expires % •7,-In erning Body Official Date: 04-912 (Rev 9/83) N rector, ANE Board Date: i Sr _ • 1. STITE OF e eSKA — DEPARTMENT OF REVENUE ` 550 W. 7th Avenue ALMOLICBLNERAOEGbWROL 004RD Anchorage, Alaska 99501 December 9, 1985 Janet Whelan. Clerk /�� �'s EY City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan: WO eee in recOipt of the following a9Plication(s) for renewal liquor iieense M within the Mg of Kenai You ere beinS notified as required by S O4-11.520. RESTAURANT DESIGNATION PERMIT UPTOWN MOTEL/VIP RESTAURANT & LOUNGE BEVERAGE DISPENSARY - HOTEL/MOTEL LICENSE UPTOWN MOTEL ANNEX/THE BACK DOOR UPTOWN MOTEL/VIP LOUNGE BEVERAGE DISPENSARY LICENSE KENAI JOE'S Y464,04&e, J 't A local governing body as defined under AS O4.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the board Md_ the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for the reasons #toted in the protest. The applicant is entitled to an informal conference with either the director or the board and, it not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY NUST CONE FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for promises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. It you With to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(e) the board will grant a local governing body an extension of 30 days in which to protest an application it a request is tiled in writing within the original 30-day period. It a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify as and provide a certified copy of the regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUNPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS 04.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Under AS O4.11.310, it applicable, a notice is also being provided to the appropriate community council within your municipality. 4 8 cereiye6iboon gdo�� Betty L. Reco s 6 Licensing Supervisor (901) 277-8638 •r y # i C 5 i /% I L UI• ALiwA ••v r ALCOHOLIC BEVERAGE CONTROL BOARD" RESTAURANT DESIGNATION PERMIT APPLICl1TION-AS 04.16.049 The granting of this permit allows access of persons under the age of 21 to designated licensed ppr Ises for purposes of dining or employment. If for employment, please state, in detail, h .. he minor will be employed, duties, etc. (15 AAC 104.445(a)). The application is for designation of premises where U] persons 16 years and older may dine unaccompanied. ❑ persons under 16 yyrs. may dine accompan. b ied y a person 21. years and older. 10 persons between 16 and 19 years of age App1 icant(s) /fr $ L� �r�5%�� .;jyc _ may be employed. D/I Address 7 SP4— g tl i C 6c/ Q iI", Hours of operation i/ M to .z - �PWO Rel a hone number- ;8' 3 3 6 4 p A menu must accomaanv t s aRPIIcation. Menu enclosed ❑ p Have —police ever been —called to your premises by you or anyone else for any reason? Yes [ No to If yes, date(s) and explanation(s). Minors duties 01 h 1' Are video games available to the public on your premises? C•S Do you provide entertainment? Yes ❑ No [4 If yes,descrlbe. r This permit remains in effect until expiration of the liquor license or at the discretion of the Alcoholic Beverage Control Board. Renewal must be made in conjunction with the liquor license renewal. (16 AAC 104.446 (b)). I certify that I have read AS O4.16.049, AS O4.16.060, 15 AAC 104.435 and 15 AAC 104.445 and have instructed my employees about provisions contains 7t;OjLn,.��2 ✓Lc�e. App cants signature Subscrihadti.� and sworn to before me this -I- Application approved: ve rning Body Official : 04-912 (Rev 9/83) r. L, My commission expires D rector, ABC Board Date: as __- ONPA IFWu awe►neio, GOW& ort BTMBNT OB NBVBNUN 350 ALAvenue WUCB14V1FMGF ,OW RO,LWAAD Mnhore�ab G AS 16. 9 Anne# What* ; Clerk City of Kenai 210 Fldalgo Kenai, AK 99612 B r es 9501 December 11, 1985 411�aya18 . +' Dear Ms. Whelan: We are in receipt of the followin aOp icationls) for renewal liquor liconuo(s) within the Cfty oN Kenai You are being notified as required by As 04,11.520. BEVERAGE DiSPENBARY_SE RIG BAR, THE i r • t 0 A local governing body as defined under AS O4.21.080(10) may protest the approval of the applications) pursuant to AS O4.11.460 by furnishing the board BRj the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. it a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance With AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMBNT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(s). the board may not issue a license or permit for promises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance bas been approved. Under AS 04.11.420(b) municipalities swat inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. It you wish to protest the application referenced above, please do so in the proscribed maser and within the prescribed time. Please show proof of service upon the applicant. Under regulation IS AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to protest on application if a request is tiled in writing within the original 30-4ay period. It a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has boon approved, please so notify us and provide a certified copy of the regulation or ordinance it you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUNPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZOMING REGULATION OR ORDINANCE UNDER AS O4.11.420(s) AM TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that In mind in responding to this notice. Under AS O4.11.310, it applicable, a notice is also being provided to the appropriate community council within your municipality. 8 eerely, Betty aihoon Beco s & Licensing Supervisor (907) 277-8638 r, r d J N AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 4, 1985 - 7:00 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-contro:-ereicl by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requeete, 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. Be PERSONS PRESENT SCHEDULED TO BE HEARD C. PUBLIC HEARINGS 1, Ord. 1094-65 - Amending Zoning Code - Landscape Regulations a. Amended Ord. 1094-85 2, Ord. 1096-85 - Increasing Rev/Appne - State Grant - Museum 3. Ord. 1099-85 - Increasing Rev/Appne - E. Kenai Sewer Interceptor, and Include Design of Water, Sewer, Road Improvements - School Site 4. Res. 85-109 - Establish Rules do Regulations for Cemetery 5. Res. 85-110 - Transfer of Funds - Change Order #3 - Construction Unlimited - H.A.S. Project a. Change Order #3 - Construction Unlimited - H.A.S. Project 6. Res. 85-111 - Changing Street Names 7. *Renewal of Liquor License - American Legion Post #20 a N r � , - _. .- - --- --- - ---- 11 D. MINUTES 1. *Regular Meeting, November 20, 1985 E. CORRESPONDENCE 1. *Thermal Reduction - Juneau New Solid Waste Disposal Facility 2. *U.S. Secy of Treasury - Federal Revenue Sharing F. OLD BUSINESS Y• ho11rI,1 . &94.VN 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1100-85 - Rezoning - Portion of What is Known as Lawton Acres 4. *Ord. 1101-85 - Amending Kenai Municipal Code - Lessee of Airport Lands Must Lease for Two Years Before Purchase 5. *Ord. 1102-85 - Increasing Rev/Appns - Repay FAA and State for Prior Grant Reimbursements 6. Discussion - Classification Study 7. Discussion - Authorization for Additional Services So Nelson Nelson - Lake, Marine, Granite Pt., FBO, Main St. Loop 8. Discussion - Additional Street Lights H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning do toning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT i r • Y • • , -r, KENAI CITY COUNCIL, REGULAR MEETING, MINUTES DECEMBER 4, 1985, 7100 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE Of ALLEGIANCE A. ROLL CALL Presents Joao Hell, Ray Measles, Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly, Sally Sallie Aboont s None A-1 Agenda Approval a. Mayor Wagoner asked that the PO for $2,049.49, NC Machinery, distributed this date, be added to item G-2 (Requisitions Exceeding $1,OGD). b. Mayor Wagoner asked that item C-3, Ord. 1099-65 (Water, Sewer, Road Improvement a) be amended to C-3as approval of the project be listed as item C-3. Council approved the agenda as amended. A-2 Consent Agenda MOTIONS Councilman Measles moved, seconded by Councilmen Hall, to approve the Consent Agenda as submitted. Councilwoman Monfor requested item 0-3, Ord. 1100-85 (Lawton Acres Rezoning) be deleted from the Consent Agenda. Motion as amended passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD None C. PUBLIC HEARINGS C-1 Ord. 1094-85 - Amending Zoning Code - Landscape Rego. of Amended Ord. 1094-85 MOTION$ Councilman Ackerly moved, seconded by Councilmen Hall, to adopt the ordinance. There was no public comment. Mayor Wagoner noted the Landscape Board woe to submit an emended ordinance, it has not been received yet. NOTION, Postpones Councilmen Hall moved, seconded by Councilmen Measles, to postpone action till the Dec. 18 meeting. Notion to postpone passed by unanimous consent. C-2 Ord. 1098-85 - Increae. Rev/Appne - State Grant - Museum NOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There woe no public comment. Notion passed unanimously by roll call vote. M r r KENAI CITY COUNCIL DECEMBER 41 1985 Page 2 C-3 Ord. 1099-85 Incroaa. Rev/Appne - E. Kenai Sewer Interceptor, & Include Design of Water, Sewer, Road Improvements - School Site APPROVAL OF WINCE, CORTHELL, BRYSON PROPOSAL# Finance Director Brown explained, $17,000 is for the road portion. MOTION# i Councilmen Ackorly moved, seconded by Councilwoman Beille, for approval of the contract. Councilman Ackorly asked if we could charge the design coots to the LID if it to formed. Finance Director Brown replied, he did not think ea. Councilman Hall asked why the road was changed down Swiree. Public Works Director Kornelie - explained, a) There is a manhole down Swiree. Everything right of that to pressure eyeteml all to the left to gravity. It would be expensive to tie into the pressure - oystem. b) It to in wetlands. c) The Feral design is this _ pattern. Councilman Wise noted this to Borough land. Mr. Kornelia said we will be able to serve all the Iota this way. Council discussed the location of the swampland, Mr. Kornelie will check on it. Mayor Wagoner said, by going - down Swiree to Lawton they would upend loco money on s construction. We are going into raw land and subdividing �•• for the Borough. The Borough has not released that property, it would improve it for them and increase the value. Councilmen Wise •aid phase 1 to to the golf course, u phase 2 Is to put it on the shelf to wait for the Borough to - s' release the lands. Phase 3 is engineering to Thompson Pk. City Manager Brighton said Borough engineer Conyers hoe , been waiting on answer from the City regarding the school. Mr. Brighton told him the City may do the engineering & design, but not the project. Mr. Conyers wants another meeting on this. 11 l NOTION, Amendments f Councilman Measles moved, seconded by Councilwoman Monfor, to amend the proposal to delete phase 3. VOTE, Amendment (Pasoed)s Yee$ Hall. Measles, Kantor, Wagoner, Ackerly, Bailie Hot Wise VOTE, Main Motion as Amendeds Notion passed unanimously by roll call vote. C-3e Ord. 1099-85 NOTION: Councilmen Ackerly moved, seconded by Councilmen Hassles, to adopt the ordinance. There was no public comment. Notion failed unanimously by roll call vote. C-4 Res. 85-109 - Establish Rules & Rego for Cemetery MOTION: Councilman Ackorly moved, seconded by Councilman Muscles, to adopt the resolution. There was no public comment. r ,3 KF.NAI CITY COUNCIL DECEMBER 4, 1985 Page 3 Council agreed to accept this, draft an ordinance and rescind this resolution. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilman Ackerly, to amend Article 1, Section 1, line 3. Change 112lx2'x2'" to "appropriate size." Motion passed by unanimous consent. Mayor Wagoner referred to Article 3, Section I. The City should contract the opening 6 closing, the funeral home should collect the funds. There should be different charges for winter 6 summer. Clerk Whelan reviewed Ketchikon'e charges and noted they do not have the freezing problem we do. Mayor Wagoner asked about indigent charges. Clerk Whelan explained the State hoe funds for this. Councilwomen Monfor noted the BIA and other groups may have funds also. MOTION, Amendments Councilmen Ackerly moved, seconded by Councilmen Measles, that Article 1, Section 2, the coot of opening 6 closing the graves would be $600 for adults, $300 for infants and $200 for cremaine. VOTE, Amendment (Poseed)s Yeet Hail, Measles, Wise, Wagoner, Ackerly, Bailie Not Monfor Mayor Wagoner noted Article 1, Section 6. It Is not State low that they cannot bury outside of a cemetery. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilwoman Monfor, that Article 3, Section 2, be amended to read, "Individual grave markers. Only ground level markers set in a concrete base shell be used." Motion passed by unanimous consent. VOTE, Main Motion es Amendeds Motion passed by unanimous consent. C-5 Rae. 85-110 - Tronsf. of Funds - Change Order 03 - Construction Unlimited - H.A.S. Project a. Change Order 03 - Construction Unlimited - H.A.S. Project MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-5s Change Order 03 MOTIONt Councilman Wise moved, seconded by Councilwoman Bailie, to approve the change order. Motion passed by unanimous consent. w R r KENAI CITY COUNCIL DECEMBER 4, 1985 Pago 4 C-6 Roe. 85-111 - Changing Street Names MOTION$ Councilmen Wise moved, seconded by Councilwoman Monfort to adopt the r000lution. There wee no public comment. Motion penned by unanimous consent. C-7 Renewal of Liquor License - Am. Legion Post 020 Approved by Consent Agenda. D. MINUTES 0-1 Regular Meeting, Nov. 20, 1985 Clerk Whelan gold that page S. item C-8, Councilman Ackerly voted yea, Mayor Wagoner voted no. Minutes approved so emended by unanimous consent. E. CORRESPONDENCE E-1 Thermal Reduction - Juneau Now Solid Waste Disposal E-2 U.S. Secy.ef Treasury - Federal Revenue Sharing Approved by Consent Agenda. F. OLD BUSINESS None 0. NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratified MOTION# Councilmen Measles moved, seconded by Councilman Hall, to approve the bills no submitted. Motion passed by unanimous consent. C-2 Requisitions Exceeding $1,000 MOTIONS Councilmen Hell moved, seconded by Councilman Measles, to approve the requisitions, including $2,049.49, NC Machinery, Loader parts# as submitted this date. Motion passed by unanimous convent. 0-3 Ord. 1100-85 - Rezoning - Portion of What is Known as Lawton Acres MOTION! Councilman Ackerly moved, oecondod by Councilwomen Monfort to introduce the ordinance. Councilwomen Monfor noted this was defeated by P&Z, the people in the area are against it. There is enough city snd private land for them to consider. Councilmen Ackerly suggested it be rezoned commercial to the gully. r r Y , ,r V KENAI CITY COUNCIL DECEMBER 4, 1985 Page 5 MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance, 4th WHEREAS, line 1, add "disapproval" In the blank. Section 1, line 2, add "rezoned to General Commercial" In the blank. VOTE, Amendments Motion passed by unanimous consent. Councilwoman Bailie said it is not time to rezone. It concerns her that a conservation zone in the municipality has no protection. She suggested future rezoning go to a veto of the people. If the right bueineos comes In with the right price, every piece of property in the city would be up for grabs. Mayor Wagoner said he wee not sure the ordinance would allow a vote and it would be cumbersome. He felt it woo up to the people to get Involved. Councilmen Hall said the section fits into the mold of commercial, but many people do not went it. It should not be a permanent solution. VOTE, Main Motion ea Amended (Passed)s Vast Hell, Measles, Wise, Ackerly Not Monfor, Wagoner, Bailie Mayor Wagoner asked if there should be an appeal if It is turned down by PAZ. Atty. Rogers said he will review and report to Council. 0-6 Discussion - Classification Study Councilwoman Monfor noted this wee discussed lest yaer during budget hearings, nothing hoe been done. At Municipal League, she heard the State had done a classification study. She would like to have a study done before the next budget eeselon. She noted the City Manager, City Attorney and Clerk have never been evaluated. Councilman Wise cold it wee too late to do before this year's budget session. Council agreed to see if the study is feasible, how long it would take to do. Councilwoman Bailie said Eleanor Andrews, (Commissioner of Administration) discussed this at Municipal League, the individual who did the work wee from Washington State. Mayor Wagoner added, the cost is a concern also. If they go ahead with the study, Council will have to be willing to go ahead with the recommendations. City Manager Brighton noted he has received a copy of a salary study from Municipal League regarding various cities in the State. He will send it to Council. Council agreed to have Administration contact Eleanor Andrews regarding a study and report beck to Council at the Jan. B meeting. 0-7 Discussion - Authorization for Additional Services - B. Nelson - Lake, Marine, Granite Pt., FBO, Main St. Loop Councilman Ackerly asked the lights were going to be put back at the Intersection. Public Works Director Kornelis replied, they will be off till the now lights are on in Jan. MOTIONt Councilwoman Monfor moved for approval of the additional services. Nation failed for lack of a second. rr, y N ' Y' 1 KENAI CITY COUNCIL DECEMBER 4, 1985 Page 6 Mayor Wagoner asked if this woe caused by the City or the contractor. Mr. Kornelin replied, the City authorized additional work. Mr. Nelson explained, there is no contractual obligation by the City to pay. It woo work that needed to be done, in excess of hie contract. 0-8 Oisoussion - Additional Street Lights .._..__�.�_.. Ae!-;.IY naiad if wn had discussed with HEA the annual charge per pole. Public Works Director Kornelio replied, the HEA rap. had said he thought we could get around it by not putting in meters and work nomething out. HEA will meet with APUC, they meet once per year. Council agreed to direct Administration to contact Mr. Ramey (HEA) in writing no to what the Situation is and what he will do. H. REPORTS H-1 City Manager City Manager Brighton Spoke. a. He hoe the preliminary airport mentor plan to distribute to Council- b. Enster hoe requested a meeting with Mr. Brighton and Atty. Rogers. Mr. Brighton asked that members of Council attend oleo. They want to know if the City Intends to buy the utility back in 1987. Councilman Wine euggeoted going to DNR, Div. of Oil & Goo and got the participating unit for Cannery Loop. We need to know what type of royalty the City will get, whet is the dedication] and get all information we can from Enster. Mayor Wagoner aeid it would not be smart to tell Enster whet we are willing to buy. Councilman Ackerly added, we should continue to pursue sources of gas available to us. Councilmen Wile suggested waiting till for the results of the Union Oil Suit also. Council agreed not to schedule a meeting till Council decides whet they went and has a work session. c. Last May the Borough assumed street naming powers by ordinance. Council directed Administration to submit an objection to the Borough. P&Z Commissioner Bryson will work with the Borough. The Council passed a resolution this date to name their own streets, in contradiction to Borough ordinance. d. The preliminary report of the Borough Comprehensive ' Plan woo in the packet. H-2 Attorney Atty. Rogers spoke. of He has copies of the APUC utility relocation brief, he will distribute. b. He received notice of an opening in an emergency management meeting in Washington D.C. and attended loot month. He noted the people least prepored to deal with emergencies ere not the police and fireman, but Counoil, ettorneyo, meyoro, city managers, etc. The meeting le federally funded. They will come to a community and soocos potential emergencies. He will contact the Borough to see if they will coordinate a session for us. He would encourage Council members to attend. KENAI CITY COUNCIL DECEMBER 4, 1905 Pago 7 N-3 Mayor Mayor Wagoner spoke. n. Regarding the letter of protest to the Borough on the hospital land purchase. City Manager Brighton woo asked to represent the City at the meeting I n Aleyooko this week. City Manager Brighton explained. the mooting in Aloveaka was not a board meeting. It woo described as o retreat. 3 members of the Board, 2 or 3 doctors and hospital administration. The purpose won to dioouoo long term plans for the hospital. Mr. Brighton is scheduled to leave for National Longue of Cities, he is a member of the Small Cittoo Committee. Someone will be attending the hcepital meeting. Ne felt there is o shortage of dootoro in Kenai and N. Kenai, and oomething ohould be done to encourage doctors to come to the area. b. John Wood, Co -Chairman of the Cemetery Committee hoo left the area, and boo boon replaced by Randy Pierce. Mayor Wagoner naked that Mr. Pierce replace Mr. Wood on i the Committee. Council agreed to the change, j MOTION# I �, Councilwomen Boilie moved, ascended by Councilman Ackorly, to dismiss the Cemetery Committee upon enactment of the ordinance roasting to the comotory. ; r• Notion panned by unanimous consent. o a. Mayor Wagoner would like to review all commissions and � committees with Clark Whelan. d. Regarding the Comprehensive Plan. Mayor Wagoner felt I t was written by environments IIota. He is not willing to accept it. Councilwoman Dellis noted there woo a problem with communicationo at the loot meeting. Soldotne had problems also. The Borough repr000ntative boo cold the Plan would be brief, to the point and workable. This is not. Mayor Wagoner added it woo not to be accepted by the Borough till the cities had approved it. Councilman Wine said he was concerned with the economic analysis, it woe doom 6 gloom. He asked whet we should be doing to enhance the economic viability of the City. If Diamond -Shamrock goes, what should we be doing regarding this? e. Councilman Ackerly asked if the work session regarding insurance would be to-ocheduled. Atty. Rogers replied, he is waiting for FAA material regarding the airlines finding us in violation. He asked that the work oeooion be in City Noll so it could be recorded. Council agreed to a work oeooion Tues.# Dec. 17, at 6#00 PM Mayor Wagoner asked that other matters listed on the loot work oeooion agenda be added. Council agreed to the roquoot. M-4 City Clerk Clerk Whelan spoke. n. Jen. Council meetings. She ouggootod they be ochodulod for Jon. B and 22, P6Z would be able to meat Jon. 15 6 29 . r lr , KENAI CITY COUNCIL DECEMBER 4, 1985 Page B MOTION$ Councilwomen Rollie moved, seconded by Councilmen Muscles, to have the January Council meetings on 3en. B and Jan. 22. Motion passed by unanimous consent. b. Clerk Whelan reminded Counoil of the work session on Cne uompreneneive dale eui-uuieu iva "Ou., i i OL 6$00. H-5 Finance Director Finance Director Brown spoke. a. Regarding the Management Letter on Federal Grants (item H-5 in the packet). a) Airport Investment and Lend Sale Reserves. He may have to write an ordinance for this. b) Water 6 Sewer Fund. He will need Council direction on this. He will write an ordinance. c) Recording of Interest Income.He will comply with this. MOTION$ Councilmen Wioe moved, seconded by Councilmen Measlee, to pay off the debt, as requested by the Finance Director. Motion passed by unanimous consent. Councilmen Ackerly complimented Mr. Brown on the clarity of his memo. b. Mayor Wagoner asked Mr. Brown, whet is the fund balance? Mr. Brown replied, $4.6 Million - General fund $1.6 Million - Capital Improvement reserve $661,000 - Water 6 Sewer $1.3 Million - Airport as Councilmen Wiee asked about the Borough meeting regarding revenue disbursements. Mr. Brown replied, they are going to a different system. 90% in the same quarter will be paid, 35 days after the quarter ends. But they will be changing the filing period to monthly Instead of quarterly. We will receive 1/12 each month. Atty. Rogers sold he requested the City be given a list of arrearege by name 6 amount. With this system we will never have a current list. Councilmen Wise asked if we are getting a copy of the audit on sales tax. Mr. Brown explained, it is not audited that way. M-6 Planning A Zoning None 14-7 Harbor Commission None H-B Recreation Commission None H-9 Library Commission Chairman Swernor reported the next meeting will be in the activity room of the new addition. Architect Gintoli reported they had a substantial completion inspection, but it did not pass. It should be complete by Dec. 5. n Y P r� A r ry Y, 1 ... A . . (�J KENAI CITY COUNCIL DECEMBER 4, 1985 Page 9 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD d. Carmen 0intoli, 117 Deepwood Ct., Kenai. Regardingg Ord. 1100-85, Rezoning of Lawton Acres. This ahould be defeated. If an owner Peale it should be rezoned, it should go to a board of appeals. b. Councilmen Ackerly noted we are starting to see the cost of schools added to the tax bills. it wee min -sold to the public. c. Council naked if the rumors regarding Fred Mayer not building next year are true. City Manager Brighton replied, he her a contract that is specific. Mayor Wagoner said he asked Mr. Brighton to review the contract and lease. This was in the Portland papers. They had 2 people here 2 weeks ego for an economic review. Councilmen Ackerly noted if they purchase the property we lose control. He would encourage them to build, we do not went the same thing that happened across the street. Mayor Wagoner asked Mr. Brighton and Atty. Rogers to keep reviewing before the purchase is final. The purchase would come to Council before any action. Councilman Wine asked if they wets current. Answer, yos. d. Councilwomen Baille said at Municipal League she noted representatives from the Peninsula share many concerns _ with the City. She suggested a joint meeting of city leaders to discuss school issue, sales tax, eta. She suggested some time in Jan. Council agreed to the suggestion. Mayor Wagoner will write a letter to each city mayor. e. Councilmen Ackerly asked about the lights at the intereection of Spur and Bridge Access Rd. He would like Administration to pursue this, or not appropriate money for transformers. Public Works Director Kornelie explained, the transformers are for the intereection light. The present lights and poles will be removed. All the wirse have been removed. We will have the new poles by January. This is a State project. MOTIONt Councilmen Wise moved, seconded by Councilwomen Monfort for Administration to send a letter to 001 Commissioner identifying the stupid Administrative problem. Motion passed by unanimous consent. " y f. Councilmen Ackerly asked about the fleshing sign at Bookeys. Atty. Rogers said Mr. Bookey was arraigned this date. All others are in compliance. Mayor Wagoner noted some of those Mr. Bookey had identified no illegal were not. `j He added, he hoe a permit for his temporary sign. AOJOURNMENTt Meeting adjourned at 9t45 PM. fanet Whelan City Clerk _ l n 1 M ( 1(% of soldt)(I1,1 110t 109 PIION( !.? 111VI 3S036 SPUN HIGHWAY $01001NA AIASNA 99669 November 22, 1985 Stan Tnompson, Mayor Kenai Peninsula Borough P.O. Box 850 Soldotna, AK 99669 Re: Sales Tax Administration Dear Stan: CITY OF OPPORTUNITY I wish to follow-up and thank you for sponsoring a meeting earlier this month relating to the administration of the sales tax in the 'Kenai Peninsula Borough. We found the session to be quite informative and think you are making good progress in improving collections and disbursements. Here is a listing of suggestions made at the meeting for your information and future reference: 1) The cities would like to receive a quarterly report which would identify all of the sales tax accounts within the municipalities. The report would break out the accounts to show all businesses which are filing sales tax returns on a current basis and those who are delinquent. This report would enable us to help you with collections. We may be able to identify other businesses who should be collecting and filing returns by comparing your list to our utility accounts and other local information. we also may be able to help you with enforcement on delinquent accounts by threat of denying city business to those who may be delinquent, etc. 2) We would like the Borough to publish a listing of delinquent accounts more frequently. If such listings appear on a routine basis in newspapers of general circulation, Peninsula consumers may also impose economic sanctions against delinquent taxpayers. 3) Action should be taken by the Borough Assembly to raise the interest rate on delinquent accounts to 15% per annum, as authorized by recent revisions to the Alaska Municipal Code. The Borough Finance Department should follow through with systems necessary to collect this interest in a timely manner. 4) Consideration should be given to requiring monthly returns, rather than quarterly returns, from businesses which 4 e. ; •" � r�w.ii.R►i I Stan Thompson November 22, 1985 Page 2 have high monthly taxable sales. All businesses are presently able to keep up to $1,000 per quarter if returns are paid on time. Each is also able to retain all taxes collected for up to 120 days before paying over thA erneaaAa tn *ha Anrn„nti_ A small business with taxable sales of just $200,000 per month can routinely earn up to $7,500 per year from the timely payment discount and short term investment of the tax receipts. Businesses with high taxable sales are obviously reaping a "windfall" from short term investment of the tax proceeds - an amount which is clearly much more than the expense of tax collection. We would appreciate your consideration and assistance with the implementation of these suggestions. If you have any questions about this matter, please just give me a call. Sincerely, lei r' holly U. Farnsworth Mayor DNF s mg ocs Tom Wagoner, Mayor of Kenai John Calhoun, Mayor of Homer Donald Cripps, Mayor of Seward Darlene Crawford, Mayor of Seldovia t ALASKA SAFETY BELT USE COALITION 319 SEWARD ST. #8 JUNEAU, ALASKA 99801 907.586.1400 November 27, 1988 t. t r (J The Honorable Tom Wagoner 1/w..w.. .O tL� ♦ "S"Ova W& uuv clty. Vi X011ILl 210 Fidalgo Kenai, AK 99611 Dear Mayor Wagoner: , As you may already know, the State of Alaska through an executive order signed by Governor Sheffield, requires all state workers to buckle up while driving on official government business. The administrative order also applies to passengers in state vehicles. We would like you to consider an4ordinanceibf a similar nature in your community. N// There is no question that seat belt use saves lives. Beyond the safety of your workers you may want to consider that lost employee time and workers compensation can be kept at a minimum with such an order. Thank you for your consideration. Sincerely, Dennis L. DeWitt Statewide Chairman Attachment: Executive Order sE'BELT IAWs swve LM8 ' a a El F MILL sNF//IRLO oovc"Nn" M STATE of ALAomA Orrlct or TN6 OOVCANOR JOe,"AO ADMINISTRATIVE ORDER N0., 85 WHEREAS, this State Administrative Order requires the driver and passenger in motor vehicles used in the conduct of State business, including privately owned vehicles used in the conduct of 6tate business, to wear safety Belts/ and WHEREAS, this State Administrative Order also requires persons transporting young children in motor vehicles in the conduct of State business to utilize approved child safety devices as required by AS 28.05.0951 and WHEREAS, the term "motor vehicle" as used in this,order is defined as a motor vehicle operated or driven on a highway or vehicular way and equipped with safety belts (i.e* typical street automobiles and trucks); and WHEREAS, surveys indicate that less than one-third of motor vehicle occupants in Alaska routinely wear safety belts; and WHEREAS, a major cause of injury and death from motor vehicle accidents is the failure of drivers and passengers to wear safety belts; and WHEREAS, during the past two years approximately 57 State employees were injured while driving on State business; and WHEREAS, lost employee time and workers' compensation payments represent a significant loss to the State of Alaska; and WHEREAS, safety belts have been }proven effective in reducing traffic deaths and the severity of traffic injuries, when used; NOW, THEREFORE, I Sill Sheffield, Governor of the State of Alaska, by virtue of the power and authority vested in me by the Constitution and Statutes of the State of Alaska, do hereby issue this Administrative Order to become effective immediately: 1. All State agencies, departments, boards, commissions, and Offices, subject to the mandatory authority of the Governor, shall develop and implement a published safety belt -i4F-w policy for persons in motor vehicles while on State business. GINNY CHITWOOD & CO.00) 3 Novcrrbor 22, 1915 rvw kenci Visitors and Convention Buroau Yf-.. AAP1 J.,Nl. r7I Kenai, Alaska 99611 Dear :air/Madair.: s�n��rzrtccti� Pho Alaska Nunicipa 1 Lu!?- gue (ANL) is sponsoring an exhibit of the Pationtal League of Cities conference in Seattle, December. 6 - 119 19b5. With an expected i tteridance of over EvOOO leaderu from bhraiiphout tho United Staten, the con- ferenoe will provide rin excellent: opportunity for promoting Alaska to a wide rango of influential people. In order to draw n maximum numher of delegates to the AMI, booth, we have arranged for the donation of a large king salmon to be gJven away to a lucky winner and for the use of the Alaska Airlince machine that makes luggage tags from bucinazo earda. In .addition, both the Alaoka State Division of Tourism and the Aneborege Olympic Committee are providing display materials and handouts. ANL invites your participation, €o well as the other con- vention. and visitor bureaus in Alaoka. We will be happy to display a pouter, brochures, and other information and to include pictures of herai in the slide show we are assembling, loonvee of 0,0 high cou ts rai' putting on this exhibit, we are arcking for a $100 contribution to help us defray some of Oe expenses. W3 hope that you will be able to participate in the booth and look forward to working with ,you or this project. Sincerely, (� tinny Chitwood ARL EXhibit Representative cc: Kenai Mayor Toir W agf)ncr 19815 -10th Avenue N.W. Seattle, Washington 98177 (206) 542.9288 a P ' E-y r j BILL SHEFFIELD, C®VIRNAR r DEPARTMENT OF NATURAI, RICS40URCRS POUCH W ANCHORAGE, AN MPG OFFICE of rNB commissioNeR PHONE; fP0�/ ? ¢1A63: November 5, 1965 Dear Alaskan: Enclosed are proposed regulations of the Department of Natural Re- sources which relate to boating rules on the Kenai River. Your oral or written comments on these proposed regulations are requested. Comments should be submitted at one of the scheduled public hearings (schedule enclosed) or mailed to the department at the address indicat- ed in the enclosed notice. Your comments on the proposed regulations will be most useful to the department if they reference particular sections by number and contain specific suggestions for modifications or changes. The proposed regulations are based on some of the recent recommorda- tions of the Kenai River Special Management Area Advisory Board. The board, which represents a wide range of interested groups and govern. ment agencies, advised the Department of Natural Resources concerning Kenai River management issues. included, for your review, are pro- posals to limit boats on the Kenai River to 35 horsepower motors (Kenai Lake, Skilak Lake and a short section of river immediately downstream from Kenai Lake would be exempted from this limitation); establish a drift section through the canyon area of the upper rivers close the outlet of Skilak Lake to motorized operations; and establish a no wake area at the outlet for Kenai Lake. The proposed regulations are intended to address several important river management issues including, public safety, conflicts between river users, and the effects of boating on riverfront lands. Comments from the public will help determine the final form and implementation schedule for Kenai River regulations. The Kenai River Special Management Area was created in 1984 to protect the Kenai River for the benefit of all Alaskans. t urge you to consider these proposed regulations in light of that purpose. Sincerely, Aames arne eputy Commissioner KENAI RIVER SPECIAL MANAGEMENT AREA li AAC 910.860 is amended to reads i i AAG iWs 664. ROWER dVp T 0- L41 Th• use of power boots Witt! ,msnul obu.or! s rapAn , of 35 her Sr less is allowed in the Kenai River 9pet:ial Managemwnt AwIts rItoeOt that s liL�h•_b�rawaewr� m .Ata� ed inn this ge._ion gaga nets aeRiy to Konat 6Mb&.aW Mi3ak Laket c3y the Kenat Rsvwr between 8k1lak Lake and river mile 4700 to disc i 00 i swasona nen•mo or Zed area, from Marc 1 o June (4) the horsepower limit of this section does not apply to the' kenaf" River between the Kenai Lake dridawrid'a .«.. pointi 30 " rd,� downstream of` aior_ iesie t powerl ine at rive; mi lw �Osi onated as a no 0041 Wilkie area. �bf In this sections �.��.. ..�..... . (1) "no beat wake area" means an area where boats cif all sisfis ri es r c• n Pin s U OF w wa • y produce to less than eight Inches In height) "non -motorized area" means an area where the use of boat � � mo ors is proh b d�'�"'�" M "seattona l non -mot or i zed area" means an Area r1riallon on the use of boat motors. ea gioter 94; am / /869 Rtig ster Authority) AS 41.21.020 A9 41.21.3G6 Z .Y NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF T►-49 DEPARTMENT OF NATURAL RESOURCES Notice is given that the Department Of Natural Resources, under authority vested by AS 41.,21a020 and AS 41.21.0069 Proposes tq amend regulations in Title 11 of the Alaska Administrative Code, dealing with the Kenai River Special Management,Area, to implement R8 41.8lo502, as follows$ The department proposes to limit horsepower size for boats operating in the Kena•t River Special Management Area. In this proposalq 11 AAC e0 is proposed to be amended by adding to section 860 in which boats an the Kenai River would be limited to 38 horsepower or less. Kenai and Skilak Lakes and a short section of the river immediately downstream of Kenai Lake would be exempted from the restrictione in addition, a drift section would,be established through the canyon area of the upper river, the outlet of Skilak Lake would have a seasonal closure to motorized operations, and a no -wake area would be established at the outlet for Kenai Laks. Notice is also given that any person interested may present Oral Or written statements or arguments relevant to the proposed action at one of five hearings to be held as follows$ Anchorages Historical and Fine Arts Museum, December S, 19889 Ps00 PM to Ssoo PM and 7s00 PM to 10#00 PMI Cooper Landings Community Crab, December 99 19889 7s30 PM to 1000 PM; and Soldotnas Borough Office 8uiidinp, zecsm'bei i0, 19859 8100 PM to rsOO PM and 7r30 PM to 10100 PM. Additionally, written comments may be mailed, if received by December 199 19859 to the following address Department of Natural Resources Office of the Commissioner Attentions Jim Powell Pouch 7-005 Anchorage, Alaska 99510 I. i r., CITY/BOROUGH OF JUNEAU ALASKXS CAPITAL CITY November 8, 1986 P a r The Honorable Mayor 210 Fidalgo ,r Kenai, Alaska 99611 Dear Mayor: The following text is a telegram that I sent to Congressman James Whitten, .S. House of Representatives, who i on the committee that is considering the udget cuts for the U.S. Coast Guard. This telegram was also sent to Senators owski and Stevens and Congressm Oon Young. "Officially, I can only speak for the City and Borough of Juneau. However, as a member of a coastal Alaskan community, I feel certain that the comments which follow would be a fair reflection of the attitudes and beliefs of a great many Alaskans beyond the confines of the capital city. The need to reduce federal expenditures and the federal deficit is a commonly accepted fact. In the process, many special interests are going to complain if their programs are part of those reductions. We do not envy you and your most difficult and necessary task. But in that light, we would like to suggest that the U.S. Coast Guard is an excellent example of a federal activity which deserves every consideration in the maintenance of program. Proportionate to the size of our communities they are a major and widespread economic and social presence with an excellent record of community involvement. They exist solely to serve and protect, and they do it with consummate skill and courage. To paraphrase Mr. Churchill: "Never have so few done so much for so may with so little". In the realities of large scale special interest lobbies for limited resources, it would be easy for a small federal organization such as the U.S. Coast Guard to be overwhelmed. Please do what you can to insure that key budget decision -makers do not forget the critical importance of the Guard to the communities and citizens of Alaska". EEP/gcz With regards, fr Ernie Polley Mayor 55 South Seward Street, Juneau, Alaska 99801 f , , PAYNENTS OVER 01,000.00 WHICH !I VBNDOR NEED COUNCIL APPROVAL OR RATIFICATION 12-18-85 DESCRIPTION DHPARTMKNT ACCOUNT AMOUNT POO FOR APPROVALI Sargent -Sewall, Inc. Light Bare for Police Cara Police Small Toole 1,105.36 70610 Zubeck, Inc. Pay Hot. No. 5 Alink, McCollum Aaoass.Conotruction 61,739.64 Landmark Commorcial Pay Eat. No. 6 CP-Library Addn. Construction 97,497.90 U.S. Dept. of Transportation Roimb. Grant Funds Airport N 6 0 Miscellaneous 20,635.50 Women's Resource Center Final Payment CP-Womenlo Ron. Construction 1,312.28 Mike Taurialnen Inspections CP-Airport Apron Inspection 19,102.90 FOR RATIFICATIONS Chevron USA Oasoline Shop Operating Supplies 1,994.59 Enotar Natural Goo Usage Various Utilities 4,169.10 PERK November Retirement Cont. Various Retirement 39,210.95 National Bank of Alaska Doc. Federal W/H Various Liability 10.946.29 National Bank of Alaska Treasury Bill 12/5/85 Control Treasury Central Treasury 2,002,923.57 7.425% Iot. i Treasury Bill 11/29/85 Central Treasury Central Treasury 2,698,217.67 7.6072 Int. Treasury Bill 12/22/85 Central Treasury Central Treasury 3,000,254.50 7.205X lot. TCD 12/6/85 Central Treasury Central Treasury 1,500,000.00 7.152 Int. L � � I 0 REQUISITIONS OVRR 01,000.00 WIIICII NERD COUNCII, APPROVAL 12-18-83 VP.NOOR DVOCRIPTIffL p P 1�RT6U)NT CCOUN'1' AMOU T 0an'ti TV Panasonic Video Cnmora/Rocordor Police MacIsinery 6 Equipment 1,599.95 Jabrig Electric Install Volt Regulator for Vibra STP Repair 6 Maintenance 2,650.00 Control Syotom. Calibrate Equipment. Paul Timmerman 4-look Trucks, 10 Wooden Stoolo CP-Library Addn. Construction 3,717.48 Paul Timmerman Wooden Sholving Unite, Tablas, CP-Library Adda. Construction 51,107.23 Sofa 6 Sottoo. r. Ji 04 1 PURCHASE ORDER CITY /gyp- KENAI 0.2 RITE VENDOR yr THIS PURCORDER 210 FIDALOO ST PHONE 283.7538 NUMBER MUST APPEAR ON CANARYR GOLDENROD ACCOUNTING ING KENAI, ALASKA 09811 RELATING LTO ES AND D18 PAPERS BLUE • SHIPPING & RECEIVING CHASE, GREEN • APPROVED COPY NO. PINK • REQUISITIONER Dow12-13-85 VENDOR NO. Merit Inn TO L J I SHIP VIAI PREPAY SHIPPING • CHARGE foew SEPARATION INVOICE ITEMNO. DESCRIPTION OR ARTICLE City Christmas Party, 12-28-85 80 meala, including gratuity, and special charge for delivery ($1 .00 per plate) 1-41100-5041 1 1520 0 BY PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT QU'Tjp UNIT IUNIT PRICE AMOUNT 80 19.00 1520,00 ' B I TOTAL 11520.00 DEPARTMENT BY _ L-Al fIV 4 M � W, Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1103-05 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $256,123 IN THE WATER :�!':n c.CWVR SPECIAL REVENUE FUNDFOR REPAYMENT TO THE EN GERAL FUND OFAV LOAN MADE IN 1979. WHEREAS, in 1979 the General Fund loaned $4009000 to the Water and Sewer Fund to aid in financing sewer treatment plant Improvements; and, WHEREAS, the Council provided that repayment should be over a ten-year period at 5.25% interest from future available revenues of the water and sewer system; end, WHEREAS, the City has made ouch annual payments for the lest three fiscal years, resulting in a principal balance owed of $30096641 end, WHEREAS, the Council has now determined that is in the City's best interest to repay the loan in full; end, WHEREAS, additional accrued interest for one-half year amounts to $79892; end, WHEREAS, the City hoe already appropriated $529433 in the 1965-86 annual budget for the current year's payment, resulting in a need for $256,123 of additional monies to repay the loan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following increase in estimated revenues and appropriations be modes tj 1 n, ri n r ' Water and Sewer Special Revenue Fund ncrease Estimated Revenuest Appropriations of Fund Balance $2560123 Increase Appropriationes Sewer Treatment - Transfers $256,123 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986, TOM WAGONER, MAYOR ATTEST: jansr wneian, City Clerk ; r First Readings December 18, 1965 ' Second Readings January S. 1986 ' Effective Dates January 8, 1986 Approved by Finances C a g 12/6/85 0" 2 G . y Suggested by: Administration CITY OF KENAI ORDINANCE N0. 1104-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1965-86 "KENAI SENIOR CITIZEN'S PROJECT" BY $900031. WHEREAS, the State of Alaska offered the City of Kenai a grant in the amount of $66,598 for the project period January 1, 1986 through June 30, 1986, in order for the State to change its grant period to coincide with its fiscal year; and, WHEREAS, the City's required matching in -kind consists of $119753. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be made: m Kenai Senior Citizen's Protect Increase Estimated Revenues: State Grant $66,596 Meal Donations 7,200 Ride Donations 480 USDA Cash 4,000 Rental (In -Kind) 11 753 590!011 Increase Appropriations: Access Services: Salaries $13,068 Leave 955 PERS 1,564 ESC 476 Worker's Compensation 578 Health 10554 Supplemental Retirement 281 Communications 564 Utilities 2,310 Rent (In -Kind) 5,877 Janitorial 300 Repair & Maintenance Supplies 2 600 30, 27 T "Ss' • 1 1 N h Congregate Meale: Salaries $149080 Leave 953 PERS 1,677 ESC 511 Worker's Compensation 608 Health 29425 Supplemental Retirement 301 Operating Supplies 179600 Repair A Maintenance Supplies 473 Communications 564 !Militias 2,316 Rent (In -kind) 5,876 Janitorial 300 $47.67$ Home Delivered Meales Salaries $ 49864 Leave 344 PERS 581 ESC 179 Worker's Compensation 212 Health 730 Supplemental Retirement 103 Operating Supplies 4,400 Repair 6 Maintenance Supplies 813 Z 2 -26 0 0 PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986. TOM WAGONER, MAYOR ATTEST: Janet Wheleng City Clerk First Readings December 18, 1985 Second Reading: January 8, 1986 Effective Dates January 8, 1986 12%11/ed by Finances e!94 tin Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1105-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENA19 ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1965-86 "COMMUNITY SERVICE PROGRAM" FUND 8Y $50638. WHEREAS, the State of Alaska offered the City of Kenai a grant for the project period January 1, 1986 through June 30, 1986, in order for the state to change its grant period to coincide with its fiscal year; end, WHEREAS, the grant to the City of Kenai in the amount of $5p074t which is to be matched with $564 of local in -kind contribution is for personnel services and supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be modes Community Service Program Increase Estimated Revenuess State Grant $5,074 Accounting (In -Kind) 564 Increase Appropriations: Salaries $4,373 Leave 103 PERS 167 ESC 51 Worker's Compensation 185 Health 164 Supplemental Retirement 31 Professional Services (In -Kind) 564 55.630, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986. ATTESTS Janet Whelan, City Clock First Readings December 18, 1985 Second Readings January 8, 1986 Effective Dates January 8, 1986 Approved %ved by Finances 49D I - a , Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1106-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE "KENAI BOROUGH SENIOR CITIZEN GRANT" FOR FY 85-86 BY $24,068. WHEREAS, the Kenai Peninsula Borough has been appropriating imonine roc Knnui ° u Suniur CILicnn Fruyrum' uuL uwely paiLiail' funded the fiscal year 1985-86 with a grant of $33,518; and WHEREAS, the Kenai Peninsula Borough is now awarding to the City of Kenai an additional $24,068 for the remainder of the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be modes Kenai Borough Senior Citizen Grant increase Estimated Revenues: Borough Grant 068 Increase Appropriations: Salaries $14,906 PER$ 1,100 Worker's Compensation 644 Printing and Binding 600 Repair and Maintenance Supplies 2,546 Janitorial 2,160 Postage 210 Miscellaneous _ 1+900 3L60 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986. TOM WAGONER, MAYOR ATTESTS Janet Whelan, City Clerk First Readings December 18, 1985 Second Readings January 8, 1986 Effective Dates January 8, 1986 12%11/ed by Finances d'4/J h r , Y y •� I G-7 Suggested bys Councilman Wise CITY OF KENAI ORDINANCE NO. 1107-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.05.010 BY EXEMPTING PERSONAL PROPERTY FROM TAXATION. WHEREAS, the City Council desiree to exempt all personal property in the City from property tax in order to provide tax relief to its citizens; and, WHEREAC 1.1.E L 1 .IatIaJ Duct t _ �. _ C1 . s'a.• OGG HER o�.v Yi/.. a1110 bOY �O �OIIYO ►O41 .11.bJY11 by 6110 Vibe 10 .pqJ ,Y11N per year based upon 1.9 mills; and, WHEREAS, it is not the Council's intention to exempt mobile homes or oil related property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, theta Section 1s KMC 7.05.010(a) be amended as follows: 7.05.010 Property Subject to Taxation: (a) All real SAND PERSONAL] property not expressly exempt by law shall be subject to annual taxation at its full and true value based upon the actual value of the property assessed. Mobile homes and trailer houses and oil -related orooartiea are to he ceatw pp Section 2s The personal property tax exemption caused by this ordinance ahall be effective beginning with the calendar year 1986 tax levy. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day -of January, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings December 18, 1985 Second Readings January 8, 1986 Effective Dates February 8, 1986 12%11/85 by Finences_�Q A j w Tn 0 Or Ir j CITY OF KENAI SUGGESTED BY EOUNCIL (D ORDINANCE N0. 1108-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, AMENDING THE KENAI MUNICIPAL CODE FOR THE ADMINISTRATION, MAINTENANCE AND OPERATION OF THE KENAI MUNICIPAL CEMETERY WHEREAS, the City of Kenai has assumed the control of the City cemetery, and WHEREAS, it is necessary that the use of the cemetery be controlled by established procedures within the Code of the City of Kenai. NOW THEREFORE BE IT ORDAINED THAT THE KENAI MUNICIPAL CODE BE AMENDED BY ADDING A NEW TITLE AS FOLLOWS: TITLE 24 MUNICIPAL CEMETERY Chapters: 24.05 Creation 7M. U A3m n3s ration 2r. f Adoption o Re ulatione 2Tal.22020 Care of Cemetery Chapter 24.05 . CREATION Sections 24.05.010 Creation 24.05.010 Creation: From and after the passage of the ordinance codified in chapter, the municipal cemetery now owned and operated by the City of Kenai shall be known as the Kenai Municipal Cemetery, and shall be available, subject to the regulations established, to all persons, irrespective of race, creed or color. Chapter 24.10 ADMINISTRATION Sections 24.10.010 Administration 24.10.020 Enforcement 24.10.010 Administrations The City Clerk shall be in y charge and have access to plate for the purpose of aseigning plots upon request, and have charge of burial records, files and maps which shall be stored by the City of Kenai. The City Clerk shall maintain necessary records, files and maps as required by the State to protect the health and welfare of the community and to ensure continuity in operation. The City Clerk shall assign a plot number to a specific plot in advance of the preparation of a grave whenever an interment or disinterment is to be made. 24.10.020 Enforcement: The Parks and Recreation Director or his designated represen ative shall enforce all cemetery regulations and shall exclude from the cemetery any person v,inlotlnn Ehe cemetery Chapter 24.15 REGULATIONS Sections 24.15.010 Adoption of Regulations 24.15.010 Adoption of Re ulationa: The City Clerk, with the assistance of the Cemetery Committee, shell establish regulations for the purchase of plate and use of the cemetery. These regulations shall be effective after approval by the City Council. Amendments to the regulations shall be submitted by the ' City Clerk to the City Council for approval. No burials shall be within the city limits except as set forth in the regulations, Chapter 24.20 ; CARE OF CEMETERY Sections 24.20.010 Maintenance of Cemetery 24.20.020 Operation of Cemetery Y 24.20.030 Grave Preparation 24.20.010 Maintenance of Cemeter : The City of Kenai is responsible for the appearance of the Kenai Municipal Cemetery. The maintenance of the cemetery shall be accomplished through a program administered by the Parke and Recreation Department. The - - City of Kenai shall maintain the driveways, gates and fencing of the cemetery and may close access to such facilities in periods --: of adverse conditions. ' 24.20.020 0 e1rati_on of Cemetery: The City of Kenai reserves the right at any time to en arge, reduce, replat or change the boundaries or grading of the City tracts in the Kenai Municipal Cemetery or any part thereof; to modify or change location of or move or regrade roads, drives or walks, or any part thereof; to lay, maintain and operate or alter or change ' pipelines or gutters or sprinkling systems, drainage or 1 f I ' i w otherwise. The City of Kenai reserves for itself the perpetual right to ingress and egress over all plate for the purpose of maintenance, operations or any emergency work necessary to the operation of the cemetery. 24.20.030 Grave Pre aretion: All openings, closing, plot preparation, interments, disintermentap marker placement and removals shall be done by the City and under the supervision of the Parke and Recreation Director or his designated representative. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 8th day of January, 1986. ATTEST: Janet a an, C y C ark e!. TOM WAGONER9 MAYOR FIRST READING: Dec. 16, 1985 SECOND READING: Jan. 8, 1986 EFFECTIVE DATE: Feb. 8, 1986 . C _ CITY OF KENAI 210 PIOAL40 KBNAI, ALAIKA 99011 TBLBPNONBQ03.7636 MEMORANDUM 111u P1i I1111 Ruyurat ALLorney City of Kenai TOs Councilmembers City of Kenai DATES December 9, 1985 REs Cemetery/Resolution 85-109 This memorandum is the result of a review of the pertinent Alaska Statutes and regulations which may be helpful in analyzing Resolution 85-109. There was some discussion by the Council at the December 4, 1965 meeting which showed concern that it is uncertain how State regulations or statutes may affect where human remains may be interred. I would first concur with Councilmen Wise that Resolution 85-109 be implemented as an ordinance. It is my feeling that a comprehensive cemetery ordinance must necessarily be subject to amendment in the course of developing a suitable ordinance. With the issue in resolution form, that might be more difficult. A codified ordinance also must be placed in the City code which gives better notice to persons interested in cemetery procedures. Furthermore, enforcement through complaint with fines makes an oridinance imperative. I have reviewed the pertinent Alaska Statutes which relates to cemeteries and dead bodies. In addition I have examined Alaska Administrative Code provisions which deal with embalmers. There appear to be statutes governing cemetery associations and non-profit cemetery corporations (see AS 10.30.010-.155); statutes governing death registration (see AS 18.50.230-.250); and regulations which govern the funeral director industry (see 7AAC 35.080-.150). There are no statutes or regulations which govern placement of human remains on property as noted by Mayor Wagoner. I I r. . �r H It has long been established that cities can prohibit burials in any place where it would cause a nuisance by impairing and endangering public health. The power to prohibit such burials is generally a phase of the city's police power. See People Pratt, 38 NYS 598; Cronin . People, 82 NY 318; Ex arte�ii—ant, 9 Or. 429, 64 P. 867 (190 ; Portland v. TorwilTfger, 16 Or. 4650 19 P. 90 (1888). Because it has so long been established that cities may provide regulations for interment, it is curious that the issue is not somewhere addressed in the Alanka StatiA nn nr their j Administrative Code. Apparently the State has seen fit to delegate this responsibility to the individual cities or boroughs. It in The City Legal Assistant contacted the Department of Environmental Conservation in both Soldotna and Anchorage to determine if there were perhaps any hidden regulations governing this issue. He reports there are no hidden regulations governing an interment and in fact, Jim Allen, an official with the Department of Environmental Conservation suggested that to his knowledge, the only regulation was that on death certificates, if interment is to take place on a homestead, the death certificate r must locate the body on the property. Mr. Allen felt that a zoning type regulation is the best way for cities to deal with interment. My understanding is that as of this date 3enet Whelan is preparing an ordinance and will be distributing it for review. I have several suggestions. I am unaware of any private cemeteries presently located within the city limits, however, I would j suggest that in the ordinence there be a grandfather clause which ` f allows burial on any private established cemetery where persons } have purchased lots. This may prevent a takings situation. The other suggestion that I have is that in certain cases where there is a large homestead, that a person be allowed a variance to bury family members on the homestead. Regulations would need to be ` addressed under the ordinance for this provision. Those regulations should necessarily include that the plot be placed on the plot. I trust that this answers some of the questions Council may have. TJR/elf Attachments Y I 4 C C Register 92, January 1985 HEALTH AND SOCIAL SERVICES 7 AAC 35.010 7 AAC 35.990 CHAPTER 3S. EMBALMING Article 1. Embalming Procedures (7 AAC 3S.010-7 AAC 3S.130) 2. Cost of Post-Mortem Examinations, Autopsies, Embalming and Related Services (7 AAC 35.140-7 AAC 3S.1 SO) A RTIr F 1 EMBALMING PROCEDURES Section 10. (Repealed) 20. (Repealed) 30. (Repealed) 40. (Repealed) 50. (Repealed) 60. (Repealed) 70. (Repealed) 80. (Repealed) 90. Care of human remains 100. Transportation of the dead 110. Requirements of funeral establishments 120. Preparation room requirements 130. Definitions 7 AAC 3S.010. LICENSE REQUIRED. Re- pealed 12/29/77. 7 AAC 35.020. QUALIFICATIONS OF APPLICANTS FOR EMBALMER'S LICENSE. Repealed 12/29/77. 7 AAC 3S.030. APPLICATION. Repealed 12/29/77. 7 AAC 35.040. EXAMINATION OF AP- PLICANTS FOR EMBALMER'S LICENSE. Repealed 12/29/77. 7 AAC 35.050. SCOPE AND CONDUCT OF EXAMINATION. Repealed 12129/77. 7 AAC 3S.060. SUCCESSFUL AND UN- SUCCESSFUL APPLICANTS. Repealed 12/29/77. 7 AAC 3S.070. REVOCATION, SUSPENSION AND REFUSAL TO ISSUE LICENSE. Re- pealed 12/29/77. 7 AAC 3S.080, REPORTS BY FUNERAL ESTABLISHMENTS. Repealed 12/29/77. 7 AAC 35,090. CARE OF HUMAN REMAINS. (a) All human remains shall be disinfected by approved disinfecting solutions so that there will be no danger of spreading disease or Infection. (b) Embalmers shall take every precaution to prevent the spread of infections from persons who have died of communicable diseases. (c) It shall be the duty and responsibility of all physicians licensed to practice medicine in the State of Alaska who ale in attendance or any physician who by virtue of his appointment as medical examiner or local health officer shall have knowledge or suspect that a person has died of a communicable disease which may reasonably constitute a threat to the health of morticians and their staffs, village officials, clergymen, and all others involved in the handling and preparation of a dead human body, to inform and counsel such individuals promptly of this hazard or potential threat to their health and safety. Appropriate precautionary measures to prevent the spread of communicable diseases from deceased human bodies to employees of mortuary establishments, persons contracted to provide services involved in the preparation and handling of dead human bodies, and to the general public, shall be undertaken at all times and shall be the responsibility of the funeral director, or in his absence, the senior village official present. (d) When death has occurred from smallpox, plague, anthrax, diphtheria, meningococcal meningitis, cholera, epidemic typhus, or any unusual and highly communicable disease, the body shall be handled and prepared under strict quarantine regulations. If one of the above named communicable diseases occurred or was reasonably suspected to be present, the body shall be embalmed by a licensed embalmer and immediately placed in a casket or coffin which shall be permanently closed unless the Commissioner of Health and Social Services shall make a specific exception. (In effect before 7/28/59; am 2/21/71, Reg. 37) Authority: AS 18.05.040 7-213 Register 92. January 1985 HEALTH AND SOC 7 AAC 3S.100. TRANSPORTATION OF THE DEAD. (a) The transportation of human remains dead of any diseases mentioned in 7 AAC 35.090 shall be permitted only under the follow- ing conditions: (1) the body shall be thoroughly embalmed with disinfectant solution; and (2) all orifices shall be closed with absorbent cotton; and (3) the body shall be washed with the solution and placed immediately in an hermetically sealed casket; and (4) the casket encased In a suitable shipping container acceptable to the Commissioner of Health and Social Services. (b) The transportation of human remains dead of any cause other than those diseases mentioned in 7 AAC 35.090 is permitted only under the following conditions: (1) when the destination can be reached within the state within 24 hours after death, an unembalmed body shall be thoroughly washed, all orifices shall be closed with absorbent cotton, and the body dressed in a clean sheet and placed in an hermetically sealed metal shipping container; (2) human remains shipped into or out of Alaska must first be embalmed; (3) when the body cannot reach Its destination within 24 hours after the death, the body shalt be thoroughly embalmed, and placed In a casket; the casket encased in a suitable shipping container acceptable to the Commissioner of Health and Social Services; (4) exceptions to (b) of this section may be, approved only by the Commissioner of Health and Social Services where circumstances render the provisions of (b) of this section impossible to carry out. (c) An outside shipping container is required In all instances except when the casket is transported in a hearse. The outside container shall be of wood, canvas. reinforced nylon, composition board, or other suitable material. IAL SERVICES 7 AAC 35.100 7 AAC 35.120 (In effect before 7/28/59;am 2/21/71, Reg.37) Authority: AS 18.05.040 7 AAC 35.110. REQUIREMENTS OF FUNERAL ESTABLISHMENTS. (a) A funeral establishment shall (1) repealed 12/29/77; (2) have a sanitary preparation room; and !Zl h: cishlapf M an -wall and Inen&.t:nw Sn the department. (b) Repealed 12/29/77. (Eff. 2/21/71, Reg. 37; am 12/29/77, Reg. 64) Authority: AS 18.OS.040 7 AAC 35.120. PREPARATION ROOM REQUIREMENTS. (a) The walls and calling of the preparation room shall be covered with tile, plaster, sheet rock, composition wall board or brick. With the exception of tile, all these materials shall be finished off with an impervious, readily washable or cleanable material. (b) Outside ventilation shall be provided for by windows or transoms. If outside ventilation cannot be provided for by these means, an eight -inch pipe shall be installed to run from the ceiling of the room to the roof of the building, or from the side well to the outside of the building. The Installation shall be arranged so that it will not be a public health hazard. (c) The preparation room shall be private and shall not be located near a public passageway. It shall contain only equipment necessary for preparing bodies for burial or shipment, and no toilet or commode. (d) Windows and exterior doors shall be installed in such a way that the room shall be obstructed from view from the outside and so that fumes and odors are prevented from entering other parts of the building. (e) The equipment for preparation rooms shall consist of the following: 7-214 (1) an operation or embalming table. which has rustproof metal or porcelain or glass top and a drainage opening at the lower end; C - A C 0 Register 92. January 1985 HEALTH AND SOCIAL SERVICES 7 AAC 35.120 7 AAC 35.140 (2) a covered waste can, and sink with running water and backflow prevention and sewage connections; (3) a cabinet, and instrument table, instruments, all necessary supplies including disinfectants and antiseptics, a sterilizer for Instruments, and several pairs of rubber gloves; (4) a first aid emergency kit for personal use. %1) H water supply shall be available that complies with the Water Supply chapter of the Administrative Code. (9) An approved method of sewage disposal shall receive the waste and water from all facilities in the preparation room. (Eff. 2/21/71, Reg. 37) Authority: AS 18.05.040 7 AAC 35.130. DEFINITIONS. In this chapter, unless indicated otherwise (1) "department" means Department of Health and Social Services; (2) "disinfectant fluid" means a fluid having a disinfectant value or carbolic coefficient of not less than four percent formaldehyde gas, or such other fluid as may be approved by the Commissioner of Health and Social Services in writing; (3) "disinfectant solution" means an embalming fluid having a disinfectant of carbolic acid, a 1.500 solution of bichloride of mercury, a five -percent solution of formaldehyde, or other solution approved by the Commissioner of Health and Social Services in writing; (4) "embalm" means to inject sufficient disinfectant and preservative material into the circulatory system of a dead body and to apply these materials internally and externally so as to arrest decomposition and to render the body sanitary and not a hazard to public health; (5) "wash" means to bathe the entire surface of the body with a disinfectant solution, and to bathe or pack with cotton saturated with disinfectant solution the mouth. nose, and other body orifices; (6) repealed 12/29/77; (7) repealed 12/29/77; (8) repealed 12/29/77; (9) "funeral establishment" means every place or premises devoted to or used in the care and preparation for burial of the body or major portion of the body of a deceased person, or when dead human bodies are oreoared for burial or other disposition; (10) repealed 12/29/77. (Eff. 2/21/71, Reg. 37; am 12/29/77, Reg. 64) Authority: AS 18.01040 ARTICLE 2. COST OF POST-MORTEM EXAMINATIONS. AUTOPSIES, EMBALMING AND RELATEDSERVICES Section 140. Designation of facilities 145. Claims for services ISO. Definitions for 7 AAC 35.140- 7 AAC 35.1 SO 7 AAC 35.140. DESIGNATION OF FA- CILITIES. (a) A medical examiner may perform a post-mortem examination and autopsy ordered under AS 12.65 at (1) a funeral establishment; (2) a general acute -care hospital licensed by the department or operated by the United States government; (3) a morgue operated by a state or federal agency; or (4) another facility temporarily designated by the commissioner. (b) After November 1, 1984, a medical exam- iner may perform post-mortem examinations and autopsies at a facility only if the commis- sioner has designated the facility in writing as one at which Post-mortem examinations and autopsies may be performed. (c) The operator of a facility described in (a) of this section may apply for designation of the 7-21 S I l I i i i I i I Register 92, January 1985 HEALTH AND SOCIAL SERVICES 7 AAC 35.140 7 AAC 35.145 facility as one at which medical examiners. may perform post-mortem examinations and au- topsies. by submitting a request to the director of the division. Such a request for designation must include (1) the name and address of the operator of the facility, and the location of the facility; (2) copies of all permits or licenses that the atate nr Inca) anverement renWrPQ Pnr npprn- tion of the facility; (3) the names and business addresses of all persons that may submit claims or receive pay- ments under AS 12.6S.025 on behalf of the operator. (d) If human remains cannot be transported to a funeral establishment, general acute -care hospital. or morgue described in (a) of this sec- tion without undue delay or undue expense, a peace officer or a judicial officer may request that the commissioner temporarily designate another place as a facility at which a medical examiner may perform post-mortem examina- tions and autopsies. Such a request must include a description of the facility, the name and posi- tion of the person making the request, and an explanation of the nature of the delay or ex- pense. A peace officer or judicial officer may re- quest such a temporary designation verbally. (e) The department will, in its discretion, in- vestigate to determine whether the information contained in a request for designation under (c) or (d) of this section is true and complete. The commissioner will designate a facility as one at which a medical examiner may perform post- mortem examinations and autopsies if the op- erator of the facility has requested such a desig- nation, and the facility is a funeral establish- ment, general acute -care hospital. or morgue, as described in (a) of this section, or if the commis- sloner finds that human remains cannot be trans- ported to a funeral establishment, general acute - care hospital. or morgue without undue delay or undue expense. (f) A temporary designation under this section will lapse after 10 days. Starting January 1, 1986. all designations under this section, other than temporary designations, will lapse on the first day of each calendar year. Any designation may be renewed. (Eff. 8/2/84, Reg. 91) Authority: AS 12.65.025 AS 18.05.040 7 AAC 35.145. CLAIMS FOR SERVICES. (a) Tito department will pay costs described at AS 12.65.02S(a), (b), or (c) subject to legislative appropriation and the limitation of this section. (b) A medical examiner, funeral director, em- halmpr, etatp napnev nr enmmnn rarr pr ehall submit a claim to the department for payment of a cost described at AS 12.65.025(a) by de- livering the claim to the division as directed by the division. A claim authorized by this subsec- tion must include (I) the name and address of the claimant; (2) the location at which services were pro- vided; (3) the coroner's case number, and name of the deceased; (4) an itemized description of the services and goods provided; (5) the name and address to which payment should be directed; (6) the names and addresses of all other per- sons to whom the claimant has submitted or will submit claims for goods and services related to the deceased, the amounts of any such claims, and the nature of the services for which the claims were or will be made; and (7) a statement signed and dated by the claimant or an authorized agent of the claimant in the following form: I certify under penalty of perjury that the foregoing is true. ate Signature (c) A person or state agency may submit a claim to the department for payment of a cost described at AS 12.65.025(b) or to) only if he or she is authorized to provide those services under AS 08.42 and only if the department has au- thorized the person to provide clothing and a 7.216 of c C 0 C Register 93, April 1985 HEALTH AND SOCIAL SERVICES 7 AAC 35,150 (7) "funeral establishment" means a funeral PART 3. establishment that has a permit required by AS 08.42.100; FAMILY AND YOUTH SERVICES (8) 'Judicial officer" means a judicial officer Chapter 36. Confidentiality of Client Records described at AS 22.20.010 or a coroner ap- (7 AAC 36.010-7 AAC 36.900) pointed under AS 22.15.310; 37. Public Assistance (7 AAC 37.010-7 AAC 37.270) (9) "medical examiner" means a medical 38. Permanent Fund Distribution examiner appointed by the commissioner under (7 AAC 38.010-7 AAC 38.110) AS 17 hS 010; en, .;dust a ubli� i,6oiswncn (7 AAC 40.005-7 AAC 40.900) (10) "morgue" means a place that meets the 42. (Repealed) requirements of 7 AAC 35.120, where human 43. Medical Assistance remains are kept for identification and autopsy; (7 AAC 43.005-7 AAC 43.985) 44. Energy Assistance Program 01) "person legally responsible for burial" (7 AAC 44.010-7 AAC 44.900) means the personal representative of the de- 45. Aid to Families with Dependent ceased, appointed under AS 22.15.320, AS Children 13.16, or a similar statute of another jurisdic- (7 AAC 4S.010-7 AAC 43.900) tion; the term also includes a person otherwise 46. Food Stamp Program legally responsible for burial. (Eff. 8/2/84, Reg. (7 AAC 46.010-7 AAC 46.140) 91) 47. General Relief Authority: AS 12.65.025 (7 AAC 47.010-7 AAC 47.900) AS 18.05.040 49. Catastrophic Illness (7 AAC 48.005-7 AAC 48.900) Editor's Note: Additional definitions relevant to 7 AAC 35.140 49. Hearings • - - 7 AAC 35.130 may be found in As 01.10.060. (7 AAC 49.010-7 AAC 49.900) SO. Chihlren's Services (7 AAC $0.001-7 AAC $0.999) S1. Child Placement Agencies (7 AAC 51.010-7 AAC 51.900) 7-216c 4 0 18.50.230 4 18,50.240 IIF;Ai.•rrt AND SAFF:rY t 18,50,250 of adoption or "" See. 18.50.240. Fetal death registration. in) A fetal death certif- order of the `" icate for each fetal death which occurs in the state shall be filed with no regulation the local registrar of the registration district in which the delivery i government occurred within three days after the delivery and before final disposi. tion of the fetus or removal of the fetus from the state, except as 1 vacated, the provided by regulation in special problem cases. However, the filing of the files and `� a certificate for a product of a pregnancy of less than 20 weeks may be •ection except " determined by regulation. For the purposes of this section, if the place f of fetal death is unknown, a fetal death certificate shall be filed in the whom a new !A ' :.fagistration district in which the dead fetus is found. When a fetal A certificate Lca*. cccu= or -- movina c-D—y n P A fatal death rArfif3eam ShAll hp this chapter, tiled in the registration district in which the fetus is first removed from the conveyance. (b) The funeral director or person acting as the funeral director who ,e state regis• df a fetus shall file the fetal death cert y of first assumes custody ificate. I! r all copies of all'istrc :�y, ''p his absence, the physician or other person in attendance at or after the of vital delivery shall file the certificate of fetal death. He shall obtain the adoption has personal data from the next of kin or the best qualified person or source a necessary available. He shall obtain the medical certification of cause of death from the person responsible for this information. { icate for each (c) The medical certification shall be completed and signed within 24 )cal registrar hours after delivery by the physician in attendance at or after delivery within three except when an official inquiry or inquest is required and except as or removal of provided by regulation in special problem cases. on in special ,� (d) When a fetal death occurs without medical attendance upon the ce of death is mother at or afar the delivery, or when official inquiry is required, the •ation district department shall provide by regulation, in accordance with law, the on a moving responsibility for completing and signing the medical certification. •ation district ($ 20 ch 118 SLA 1960) ,ante. See. 18.60.260. Permits. (a) The funeral director or person acting director who as the funeral director who first assumes custody of a dead body or fetus ertificate. He shall obtain a burial -transit permit before final disposition or removal pest qualified from the state of the body or fetus and within 72 hours after death, irtification or f: except as otherwise authorized by regulation for special problem cases. mation. (b) The local registrar of the registration district where the death >ed within 24 occurred shall issue a burial -transit permit when a certificate of death 's care for the or fetal death has been filed in accordance with this chapter, except as ?n an official V otherwise authorized by regulation in special problem cases. regulation in ,i (c) A burial -transit permit which accompanies a dead body or fetus brought into the state is authority for final disposition of the body or ce, or when — y regulation, fetus in the state. rm(d) A permit for disinterment and reinteent is required before [•. and signing disinterment of a dead body or fetus except as authorized by regulation Aude, among or otherwise provided by law. Upon proper application the permit shall ' •r, and cases be issued by the local registrar of vital statistics in accordance with instructions of the state registrar. (# 21 ch 118 SLA 1960) 81 fI 18.B0,230 ALASKA .STATUTr N t 18.ii0.230 (1) thereafter, the original certificate and the evidence of adoption or legitimation are not subject to inspection except upon order of the superior court or as provided by regulation; however, the regulation shall allow inspection by an agent of the state or federal government acting in the performance of his official duties; (2) upon receipt of a report that an adoption has been vacated, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence are not subject to inspection except upon order of a superior court. (c) if no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the bureau as provided in this chapter, before a now certificate of birth may be established. (d) When a new certificate of birth is established by the state regis- trar, he shall direct the disposition of and substitution for all copies of the original certificate of birth in the custody of a local registrar of vital statistics or other local custodian of the records. When an adoption has been vacated, he shall instruct the local officials as to a necessary action. 0 18 ch 118 8LA 1960) See. 1S,60.230. Death registration. (a) A death certificate for each death which occurs in the state shall be filed with the local registrar of the registration district in which the death occurred within three days after death and before final disposition of the body or removal of the body from the state, except as provided by regulation in special problem cases. For the purpose of this section, if the place of death is unknown, a death certificate shall be filed in the registration district in which the dead body is found. When a death occurs on a moving conveyance a death certificate shall be filed in the registration district in which the dead body is first removed from the conveyance, (b) The funeral director or person acting as the funeral director who first assumes custody of a dead body shall file the death certificate. He shall obtain the personal data from the next of kin or the best qualified person or source available. He shall obtain the medical certification of cause of death from the person responsible for this information. (c) The medical certification shall be completed and signed within 24 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death except when an official inquiry or inquest is required and except as provided by regulation in special problem cases. (d) When a death occurs without medical attendance, or when official inquiry is required, the department shall provide by regulation, In accordance with law, the responsibility for completing and signing the medical certification. This subsection is intended to include, among others, cases involving a medical examiner or a coroner, and cases involving presumption of death. (If 19 ch 118 SLA 1960) /%, I § 18,50,240 Sec. 18.80.11 icate for each - the local regit occurred withi tion of the fei provided by re; a certificate fo: determined by s of fetal death i s registration di death occurs of filed in the regi the conveyance (b) The Tune. first assumes c j his absence, th, R delivery shall personal data fi , available. Its s from the persoi (c) The media hours after deli except when a1 provided by rel (d) When a f. mother at or aft department shs ' responsibility i ($ 20 ch 118 81 M. flee. 18.50.21 as the funeral d shall obtain a b from the state 1 except as others (b) The'local occurred shall f: or fetal death h: otherwise auth( (c) A burial•t brought into the fetus in the eta- (d) A permit disinterment of or otherwise pro be issued by the instructions of 1 # 10.30,010 ALASKA STATUTES # 10.30.040 # 10.30.050 Coarr°'1110 Chapter 30. Cemetery Associations and Nonprofit Sec. 10.30.05o. Bylaws. A Cemetery Corporations. necessary for the proper mi prescribe the terms on which Election Section of its trustees and officers, at 10. Formation of eemotory association 80. Disposition of income from cemetery 20, Records land or appointment, and the time for the association. 0 36.5 4 30. Effect of filing 00. Debts of essorietion 40. Succession and powers of trustees 100. Transfer of cemetery lot, 60. Bylaws 110. Sale 10.30.086. FormatiO of unsuitable land 65, Formation of nonprofit cemetery car- 120. Purpose of sale by lots, and exemp• Sec. As an alternative to the pry f1flTOI I .Za; 60. Power to acquire and dispose of lands, 130. Plena of grounds and cemetery Iota and exemption from execution, tax. 140. Maintenance of cemetery land may be ineorporat' cemetery Y is subject to the 1 ation and public appropriation 150, Annual financial statement 70. Creation of irreducible fund 165. Definition corporation that those provisions Bonn relating to cemetery corpora Sec. 30.80.010. Formation of cemetery association. Five or 10.30.080. Power t more persona who are residents of the same recording district may form Sec. from executiot themselves into a cemetery association, and elect at least three 'exemption e of their members to serve as trustees, and one member as clerk. The trustees cemetery association or no by devise, and and the clerk hold office at the pleasure of the association. take gift 0 38•5•1 ACLA 1949) sole purpose of a cemetery from any appropriation t CoAaterel references. — 14 Am. Jur. intended to be used exelus' ' 2' Cmmmterin, 0 6• the profit of the members 14 U.S.. Cemeteries, ill 6-14, employees of the cp,")rat Sec. 10.30.020. Records. The clerk shall keep a record of the SLA ON proceedings of the meetings of the association, certify to and file one Effect of amendments• — copy of the record together with the name of the association with the amendment inserted -or nonpr, district or deputy magistrate in the recording district in which the tery comoratlon in the first sell I meeting is held, and one copy in the office of the clerk of the superior N court. (; 38•5.2 ACLA 1949) � Sec. 10.30.030. Effect of filing. Upon filing the record as required No power of entfaent don was dom in AS 10.30.020 the trustees and members of the association and of eminent In should be e, successors are invested with the powers, privileges, and immunities, Sec. 10.30.070. Croat incidet►s to aggregate corporations. (if 36.5.2 ACLA 1949) or nonprofit ceme Sec. 10.30.040. Succession and powers of trustees. The trustees ation that a stated percental cemetery lots and dona Ij of a cemetery association have perpetual succession, and may may be invested itt th, y contract, and prosecute and defend actions. (# 38-5•3 ACLA 1949) association or lorporati from the irreducible fur. be necessary, shall be d i; embellishment of the 9 tion or corporation that i; r` the preservation and t i 238 ii i I .i i I � ti !§ 10.30.040 § 10.30.050 CoaponATIONS ANn AssoCIATIONs § 10.30.070 on nd Nonprofit Sec. 10.30.05o. Bylaws. A cemetery association may enact bylaws of the association and may till necessary for the proper management the terms on which members may be admitted, the number 1 'Ilion of income from cemetery prescribe of its trustees and officers, and the time and manner of their election or appointment, and the time and place of meeting for the trustees and 4association for the association. 0 36.5.4 ACLA 1949) 4rot'cometery iota •It unsuitable land •ee of sale by lots, and exemp• See. 10.30,056. Formation of nonprofit cemetery corporation. of AS 10.30.010 -- 10.30.050, a ' • of grounds and cometery lots As an alternative to the provisions cemetery may be incorporated under AS 10.20. A nonprofit cemetery lunatics of eometery land al financial staternont corporation is subject to the provisions of AS 10.20 except to the extent O .Lin wt,n„fpM Ilion that those provisions conflict with the proviniurrn �..•••� -••»a - corporations. (4 1 ch 107 SLA 1984) ►' association. Five or relating to cemetery to and dispose of lands, and recording district may, . and elect at least three Sec. 10.30.060. Power acquire exemption from execution, taxation and public appropriation. A to member as clerk. The cemetery association or nonprofit cemetery corporation may buy or exceeding 80 acres, for the 'sure of the association. take by gift or devise, and hold, land not sole purpose of a cemetery. The land is exempt from execution, and from any appropriation to public purposes, and from taxation if intended to be used exclusively for burial purposes and in no way for the profit of the members of the association or trustees, officers or (4 36.5.5 ACLA 1949; am § 2 ch 107 employees of the corporation. keep a record of the SLA 1984) ce•dify to and file one he ..ociation with the Effect of amendments. —The 1984 added "or trustees, officers or employees Of inserted "or nonprofit ceme- the corporation" at the and of the second R district in which the amendment tery corporation" in the first sentence and sentence. he clerk of the superior NOTES TO DECISIONS the record as required of the association and loges, and immunities, LA 1949) trustees. The trustees succession, and may -i-5•3 ACLA 1949) 1 II I i I No power of eminent domain. — it cometory associations. Miocene Ditch Co. was evidently not intended that the power v. Lyng,138 F. 544 49th Cir,1905). of eminent domain should be exercised by Sec. 10.30.070. Creation of irreducible fund. A cemetery assod- ation or nonprofit cemetery corporation may by its bylaws provide that a stated percentage of the money realized from the sale of cemetery lots and donations constitutes an irreducible fund, which may be invested in the manner or loaned upon the securities the association or corporation considers proper. The interest or income from the irreducible fund provided for in a bylaw, or as much as may be necessary, shall be devoted exclusively to (1) the preservation and embellishment of the grounds, buildings and property of the associa- tion or corporation the preservation at are related to eoperation ( and of cemetery lots and spacen s 239 IQ # 10,30.080 ALASKA STATUTES # 10.30,090 # 10.30.100 CORPOW Effect of amendments, — buildings or on grounds sold to the association or corporation that are amendment substituted "or related to the operation of a cemetery; or (3) the payment of interest cemetery corporation may" for "An It in the brat sentence and and principal of debts authorized by the association or corporation for or corporation" for "The associ, the purchase of land or equipment or for the construction or .,cemetery lots that" for "1016 improvement of buildings that are related to the operation of a the second sentence, deleted "c cemotAtV. It n hVIwW Itoa t,uan awnnlnd Powing "receipts° »:• inserted - the ¢uue►to the first l nw •{,n nwnn�inw w0 w ..�� ..A . ww..... -bylaw irreducible fund, the percentage stated in the may not be reduced. (0 36.6.6 ACLA 1949; am # 3 ch 107 SLA 1984) Sec. 10.30,100. Trans Effect of amendments, — The 1984 the beginning, inserted "Ill," and inserted tion or nonprofit comet amendment in the first sontoneo substi• the language beginning with "grounds, association or corporati tuted "A cemetery association or nonprofit buildings and property of the association" conveying cemetery lot' Cemetery corporation" for "The "buildings associa• and ending with that are 1984) tion" "cemetery lots and donations" for related to the operation of a," and in the "lots, donations, and other sources of lost sentence substituted "the percentage revenuo," and "corporation considers" for stated in the bylaw may not be reduced" Effect of amendments - "the "cs• trustees consider", in the second for "it may not be amended except for the amendment substituted sentence substituted "a" for "any" near purpose of increasing the fund." ,burial-,lns w ntein the the stolen, hy Of Sec. 10.30.080. Disposition of income from cemetery land. 10,30.110. Bale After paying for the land, the future receipts and income of a cemetery oo, association or nonprofit cemetery corporation, subject to the creation tag association Eton WO an irreducible fund, whether from the sale of lots, from donations, their opinion at rents, or otherwise, shall be applied exclusively to laying out, pure e pot cos of the ores, sell the preserving, protecting, and embellishing the cemetery and the ave- pub leading 7 107 SLA 1964) nues to it, the erection of buildings necessary or convenient !) cb ( for the cemetery purpose, and to paying the necessary expenses of the 'f Effect of amendments. I I association or corporation. 0 36-6.6 ACLA 1949; am 4 4 ch 107 SLA amendment substituted "la, ` 1084) in the catchline and. in tl Effect of amendments, — The 1984 for "the association" and added "or corps- Sec. 10$01?A. Pu .. amendment substituted "a cemetery asso• radon" at tho and of the section. I ciation or nonprofit cemetery corporation" tery iota sold by a corporation are for tb Sec. 10.30.090. Debts of association. A cemetery association or taxation, execution, a nonprofit cemetery corporation may contract debts in anticipation of used exclusively for 1 future receipts for the original purchase of cemetery land, the laying profit. (§ 36.6.7 ACL i out and embellishment of the grounds and avenues of the cemetery, the construction and repair of a building, mausoleum or eolumbarium, Effect of emendai", the purchase or lease of necessary equipment, or other cemetery amendment substituted gold by a cemetery 0550c purposes, for which debts the association or corporation may issue - - bonds or notes. An association or corporation may secure these debts by mortgage upon its lands, except cemetery lots that have been conveyed to the members of the association or to trustees, officers or employees of the corporation, or by a security interest in not more than 60 percent of the irreducible fund. 0 36.5.5 ACLA 1949; am # b ch 107 SLA 1984) 'I 240 - i I i I �I ---. -- - - AdL § 10.30,090 § 101.110.100 CORPORATION11 AND AesOCIATiONS 1 10.30.120 'ration that are ,` Effect of amendments. -- Thu 1984 building, mausoleum or columbarium, the 101^ interest amendment substituted "or nonprofit purchaso or loose of necessary equipment, corporation for cemetery corporation may" for "may not" or other cemetery purposes" and "or corps. In the first sentence and "An association ration," also In the Drat sentence. and unstruction or or corporation" for "The association" and added "or to trustees, aglcern or em• Pperation of u "cemetery lots that" for "lots which" in ployoos of the corporation, or by u security roatien of an the second sentence, deleted "except" fol• interest In not more than 60 percent of the lowing "receipts" In the first sentence, irreducible fund" at the end of the second t' may not be inserted "the construction and repair of O sentence, '1 See. 10.30.100. Transfer of Cemetery lots. A cemetery associa- 11: ' and inserted tion or nonprofit cemetery corporation may adopt regulations the a with "grounds, X the association" �` association or corporation consider expedient for disposing of and '!dings pthat Oro conveying cemetery lots. 0 36.8.6 ACLA 1949; am li 6 ch 107 SLA ..m,'n the 1984) I" "the not be reduced" led exeopt for the Effect of amendments. — The 1984 read "The association may adopt rules and fund." amendment substituted "cemetery" for regulations they consider expedient for "burial" in the catchline and rewrote the disposing of and conveying burial lots." late contents of the section, which formerly rY land. Of a cemetery Bee. 10.30.110. Sale of unsuitable land. The trustees of a ceme. the creation tery association or nonprofit cemetery corporation may, whenever in 'm donations, their opinion a portion of cemetery land is unsuitable for burial laying out, purposes, sell the portion and apply the proceeds to the general and the ave. purposes of the association or corporation. (4 36.8.6 ACLA 1949; am r convenient ii 7 ch 107 SLA 1984) penses of the 11) ch.34.7 SLA Effect of amendments. — The 1984 section, inserted "or nonprofit cemetery amendment substituted "land" for "lands" corporation" and added "or corporation" at in the catchline and, In the body of the the end. dded "or cow. .-tion. See. 10.30.120. Purpose of sale by lots, and exemptions. Ceme- tery lots sold by a cemetery association or a nonprofit cemetery sociation or corporation are for the sole purpose of interment and are exempt from deipation of taxation, execution, attachment, or any other claim, lien, or process, if , the laying used exclusively for burial purposes without an intention to obtain a e cemetery, S� profit. 0 36.6-7 ACLA 1949; am § 8 ch 107 SLA 1984) iumbarlum r Cemetery , Effect of amendments, — The 1984 profit cemetery corporation" for 'Burial amendment substituted "Cemetery Iota lots sold by the association." may issue sold by a cemetery association or a non• these debts have been officers or i not more 49; am § 8 if U 241 § 10.30.130 ALASKA STATUTES A 10.30,155 ;r Sea. 10.30.130. Plans of grounds and cemetery lots. A cemetery association or nonprofit cemetery corporation shall have a plan of its E grounds and cemetery lots as laid out made and recorded in a book kept for that purpose by the clerk of the association or the secretary of the corporation. The cemetery lots shall be numbered by consecutive numbers. 0 36-0•6 AVLA 1049; am § 9 ch 107 SLA 1004) Effect of amendments. — The 1984 plan of their grounds and lots as laid out amendment inserted "cemotery" in the by them made and recorded In a book kept catohlino and In the second sentence and for that purpose by the clerk of the rewrote the Ant sontonco, which formorly association" read A cemetery association shall have a Bea. 10.80.140. Maintenance of cemetery land. A cemetery association or nonprofit cemetery corporation may enclose, improve, and adorn the grounds and avenues, erect buildings for the use of the association or corporation, adopt rules for the designation and adornment of cemetery lots and for erecting monuments in the cemetery, and prohibit any use, division, improvement, dr adornment Of a cemetery lot that the association or corporation considers Improper. 0 80.5.8 ACLA 1949; am 0 10 ch 107 SLA 1984) Effect of amendments. — The 1984 substituted "cemetery lot that the associa• amendment Inserted "or nonprofit come. Lion or corporation considers" for "lot t" corporation." near the beginning of which they considor" near the and of the the section and or corporation and 'cem• section, etery" near the middle of the section, and See. 10.30.160. Annual financial statement. An annual state. Mont of the financial affairs of a cemetery association or a nonprofit cemetery corporation shall be made by the clerk of the association or the secretary of the corporation. (0 30.6.8 ACLA 1949; am 0 11 ch 107 SLA 1084) Effect of amendments. — The 1994 tion" for "the association" and added "or amendment substituted "a cometery anoa the secretary of the corporation" at the elation or a nonprofit cemetery corpora• end of the section. Sec. 10.30.166. Definition. in this chapter, "cemetery lot" means a lot, plot, space, grove, niche, mausoleum, crypt, vault or columbarium, used or intended to be used for the interment of human remains. (# 12 ch 107 SLA 1984) 242 1 10.36.010 section 10. Reservau, 20, Applicattr 30. Transfer n 40• Registraa 60, Procedurr 00, Pee for a name See. 10.3t use of a busi- a business o: (0 1 ch 33 SL Sea. 10.3t I business net f sioner. Upon commie ione ti a peri7f 1: deceptively e corporation i reserved or r business is is 1976) 1 Sec. 10.35 reserved non to another pt which is sign the transfere See. 10.38 business Ma; deceptively s. corporation e . reserved or r, the exclusiv c registered 0 deceptively , against anye name. (1 16. CITY OF KENAI %Od G'aja" 4 4"„ 210 RioALAo KWAI, ALAOKA 90611 TILBPMONBl6o-1606 MEMORANDUM TOs Mayor and City Council Members FROMs Janet Loper, Planning Specialist SUBJECTS Vacation Existing 10, Utility Easement DATES December 12, 1985 Action Requested: J Petitioner/Owners Locations Current Easement Uses Proposed Easement Uses . Staff Commentes t! 1 r , Staff Recommendations Vacation of 10' utility easements existing along the west side of lots 10911, do lz, Blk 9 ff Stephen L. McPherson - Alaska Conference of Seventh Day Adventists + Valhalla S/0, Part 3 - south of Dogwood Ors and front Phillips Dr. Vacant To correct encroachment of a well Staff finds no use for the easement and no objections to the vacation. Vacation will eliminate the encroachment and allow the property to be further developed. Statement of non -objection to the Borough .rye P `a PENINSULA CLARION f` ESNAI PENINSULA BOROUGH PLANNING COMMISSION PUBLIC HEARING Public notice'ia hereby given that the following request has been received to vacate a tan (10) foot utility easement within Valhalla Heights Subdivision Part 3, Plat /R-1568. Easement is approximately 300 feet in length. 1. L9aations Easement lies on the want side of Lots 10, 11, 120 eiocx of valnaila eeights aubaivision fart as Toone lots are located south of Dogwood Drive and front Phillips Drive. This subdivision is in section 6, TSN, RIM S.M.# City of Kenai. 2. Purpo90: To correct encroachment of a well in order to obtain financing. 3. ftyliaaot: Alaska Corporation of Seventh Day Adventists Anchorage, Alaska Public hearing on this petition will be heard by the Kenai Borough Planning Commission at the Borough Administration Building Soldotna, Alaska, December 161 1985, commencing at 7t30 p.m. Anyone wishing to present testimony concerning this petition may do so at that public heating or by submitting a written statement to the Kenai Peninsula Borough Planning Departmentf P.O. Box 850, Soldotna, Alaska 99669, for presentation to the Borough Planning Commission. Pot additional information• contact Jane Gabler, Planning Department, Kenai Peninsula Borough at 262-4441, ext. 268. G.B. Best Planning Director PUBLISH 2X (December 2 and 9r 1985) f. r I 1 f �L t W IiIw 9 _r I 2 10 FEET UTILITY EASEURNT W PROPOSED TO BE VACATED } • .� t' v P.nq j I so YLNT � PIPi<S 3 N �V' 0 � e CL � . • � 1 •• ? = Irosus VIlNr Apt42 �oWaN Di.TA_ IL _ II �e i t. 3C 1• =yvW • k • �!r 8L! � yes �r Notes No, if•5I61 A•• WI-T atvlptD 4•f0•87 !li 1!!'ti �'• LOT �11�'r�litSiB'dat��•�a - SURVEY CERTIFICATION �•+•.�•� Of 'n'!1'I,w= BLOCK w 8 TRACT— As -Built Certificate, nLMALLA N616Mj eu MQ = hereby certify that f have surveyed ----�� the following doaeriged propertyr IILNAi 1.075 10,11,12} SLY* 6 `.w—RECORDING DISTRICT MAIL ALL M81tiMT6_ •yygD�'pARt3 1i• 19Y6 -- E:d`E�NO and that no eneropehments @mist except f errs Cap Non. • Rebar/pipstround) as indicated. (round) « exclusion rooter r 11Ilbar IS st f0 (oat this survey) It Is the responsibility of the owner to determine the existence of any easa- ments.covenantsror restrictions which $tor /IlesYAA 1!ea rawnt W4106 do not appear on the recorded subdivi- :atar t•.40' Ilion p1at.Under no circumstances should _ OJIM .6•I6/•!9 any data hereon be uned for construction BOWL G -RICE Q ASSOCIATES lor lnes� eateblfshinq boundary or fence 100, BOX 1974, SOLOOMA, AL ASO ENG/NMRR SM- 01", SURI �e•�nR . , J F � I i 0 'Iq LOTS 10r11 6 12r of Block 8r within Valhalla Hts. N3 10 ft. Utility to be I' I Vacated +INS Owosso IN N 0 R T H • I • Im r.' rOA I; A c. rL.cu fc. 0 CNi6iNo c Nor r ,/, r �r-s lU AMENDMENT No. 1 • to LEASE of AIRPORT FACILITIES This AMENDMENT No. 1 to LEASE of AIRPORT FACILITIES, (this "Amendment") is entered as of July 1, 1985, by and between the CITY of KENAI (the "City") and ERA HELICOPTERS$ INC. ("Lessee"). RECITALS 1f, T..www.. Mwn 7wen.�A cartai- of«inn -ro-e -n J.ic-c�. w -ntcr .1. YVMYVV ..MY �VMVVV VVr r'M �'• �/V rMVr• N..M YWVI.VY VV Y.. rrbr apace at the Kenai Municipal Airport from the City, effective as of July 11 1985. 8. Concurrently with the exoecution of this Amendment, the City and Lessee have executed that certain Lease of Airport Facili- ties, dated 11985 (the "Lease"). C. The City and Lessee wish to amend the Lease as set forth in this Amendment. This Amendment has all requisite approval of the City Council. NOW, THEREFORE, the City and Lessee agree as follows: 1. The Lease is hereby amended to include a new Section D.14A, set forth below, immediately after Section D.14. 14A. ALLOCATION OF RISK AND RESPONSISILITYs Not- withstanding any -inconsistent or contrary provision contained in Section D. 14 above, in Section D.29 below, or elsewhere in the Lease, the provisions contained in this Section D.14A shall control. As between Lessee and the City, any liability for loss or harm of any kind or nature whatsoever, whether such loss or harm is suffered by either party or any third party, shall be allocated on the basis of proportionate responsibility, as in doctrines of pure comparative negligence and pure comparative contribution. Nothing in this Lease shall preclude Lessee or its insurance carriers from recovering against the City or any third party to at least the proportionate extent loss or harm may be caused or contributed to by fault or other legal responsibility on the part of the party against which such recovery is sought. Lessee's indemnification and insurance obligations under Section D.14 above shall be limited to I ` • h N W_ Lessee's loading, off-loading, taxiing, flying and cargo operations, shall not include tho countorspace r.: or parking lot, and shall be subject in all respects to the preceding three paragraphs. 2. The words, "provided in Item 33 hereof", at the end of i Section D.2 of the Lease, are horeby deleted. IN WITNESS WHEREOF, the City and Lessee have executed this Amendment as of the date first set forth above. 1 CITY OF VM*Tr` By: ;i William J. Brighton City Manager j ERA HELICOPTERS, INC. By av Baume ster President .w 4 T I c.._x..�.-,T. - —... .... _ �-.- ••-fir �1 December 18, 1985 Walters & Olson, Inc. Insurance 10809 Kenai Spur Hwy. Box 70 Kenai, Ak. 99611 Telex 25-249 x_ 907.283.5116 Mr. Tim Rogers, Attorney City of Kenai 210 Fidalgo Avenue Kenai. Alaska 99611 Res Airport Lease Agreements Dear Timi Per your request, I have contacted our London broker concerning the possibility of obtaining the renewal quotation of your airport liability coverage with and without the inclusion of the indemnity agreement and hold -harmless provisions. This would allow a dollar figure to be placed on those sections. I was advised that due to the deteriorating condition of the marketplace and recent court trends in the Lower 489 the London market will no longer be placing any faith (or credit) on indemnity agreements in airport leases. Apparently, credit will still be given for the limits of liability carried by the lessees. The indication (ballpark) we received for your July 1, 1986 renewal was in the range of a 100% increase over this year's premium - regardless of the inclusion of the indemnity agreement and hold -harmless. This is based on July 1, 1985-July 1, 1986 being lose -free. I agree with the statement made by Mr. Birmingham last night that the limits of $10,000,000 (with no seat limitation) may be inadequate. The City may wish to consider dropping the indemnity agreement and hold -harmless agreement if the commuter airlines chose to carry higher limits. Sincerely, WALTERS do OLSON, INC. Kurt E. Olson Y j ®fv r) Tim Moons GM Ar101W r C11YOi KlNA1 V., MAMA 9%. 1e 19" rz SHORE FISHERY LEASE THIS AGREEMENT, entered into this day of , 1985, by and between the CITY OF KENAItt'1'iiy Hall, 2 Street, Kenai, Alaska 99611, a homo-ruled municipal corporation of Alaska, hereinafter called "City", and FRANK CANADAY, P.O. Box 34680 Kenai, Alaska 99611, hereinafter called "Losses". That the City, in consideration of the payments of the rents and napfnrm ann0 of all ►ha nnwananta haraln nnntnlnad by tha Losses, does hereby demise and lease to the Lessen the following '• described property in the Kenai Rocordinq District, State of Alookal to wit! ADL 36041 - Tracts 5 6 6, Shore Fishery Pint 071 ". A. PURPOSE# The purpose for which the Lease is issued let ' Shore fishery O. TERM# The term of this Lease is for 10 yearn, 1j commonoing on the lot day of July, 1905, to the 30th day of June, 1995. C. ENTAL PAYMENT# Subject to Covenant 042, rental for the above- rear o1 s oro fishery tracts shall be payable on ;' follows# i 1. The annual rental rote shall be $60.00. 2. Annual runt for the fiscal your beginning July 1 + and ending June 30 shell be payable In advance on or before the k, first day of July of each year. 3. Rental for any period which is lean then one (1) year shall be prorated based on the rate of the loot full year. i 4. In addition to the rents specified above, the Lesson agrees to pay to the City of Kenai on the date thin lease Is entered into, the additional sum of $672.00, which figure represents amounts due and owing for use of this shore fishery for the years 1978-1985, including soles tax. D. G[NERAL COVENANTS# 1. USES: Except as provided herein, any regular use of lands orifocilitloe without the written consent of the City is prohibited. 2. USES NOT CONTEMPLATED PROHIBITEDI Solicitation of donations or the promotion or operation--or—any pert or kind of business or commercial enterprise, other than as specifically oat forth herein, upon, or in shore fishery lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING# Lessee with City's written consent, which will not be unreasonably denied, may assign for other than collateral purposes, in whole or in part, j its rights as losses hereunder. I, Any 000iqnoo of part or all of the leaned promises shall assume the duties and abligationo of the l000ne as to ouch port or all of the loaned promises. No ouch neoignment, howovnr, Will discharge loonee from Ito duties and obligations hereunder. 1 LESSORS i LESSEE# 1 t t 1 it t k i� TOM ROOS" CHIT AIM910 CITY Or KENAI . 4 AOA No I(NAI AIA,AAM11 2017630 PC 4. COSTS AND E%PENSESt Costa and expenses Incident to this lonoo, including but not limited to, recording coats shall be paid by Losses. 5. TREATMENT OF OEMISEt The Losses agrees to keep the promisee clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any materlal therefrom, except fiaherlea resources, without written permission of the City. At the expiration of the term fixed, or any sooner dot, rmination of the Lease, the Losses will peaceably and quietly quit and surrender the promisee to the City. 6. PAYMENT OF RENTS Checks, bank drafts, or postal money orders shell go made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7, HERRING SPAWN COVENANTS This lease is issued eubjeot to Sections .175 of the Alaska Statutes end it is agreed that the covenants, terms and conditions herein contained shell be binding upon the successors and assigns of the respective parties hereto. B. DEFAULT RIGHT OF ENTRYS Should default be made in the payment or any port on o e rent or fees when due, or in any of the covenants or conditions contained in the Loose or in any regulations now or hereinafter in force, then in ouch event the City shell by written notice give Lessee thirty (30) days to ours such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take Poeesonic of the premises, and remove all persona therefrom. � 9. LEASE UTILIZATIONS Leased lends aholl be utiliser. for purposes within the scope of the terms of the lease and the tarma of the deed under which the lend wee granted to the City end any releoeee pertinent thereto), in conformity with the ordinances of the City and Borough. Utilisation or development for other then the allowed uses shell constitute a violation of the Lease and subject the Leese to cancellation at any time. 10. CONDITION OF PREMISESs The promisee demisod herein are Unimproved and are loosed on an 'lea is, where ie" basis. 11. UNDERLYING TITLES The interests transferred, or conveyed by this Lease are su eot to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 12. RIGHT OF INSPECTIONS City shell have the right at all reasonable times to enter he promises, or any part thereof, for the purposes of inspection. 13. INDEMNIFICATIONS Leanne covenants to save the City harmless rrom all actiono, sultan, liabilltiee, or damegeo resulting from or arising out of any seta of comm loolon or omission by the lessee, hie agents, employees, customers Invitees, or arising from or out of the Lossee'e occupation, or use of the promisee demised, or privileges granted, and to pay all coats connected therewith. 14. COLLECTION ON UNPAID MONIESs Any or all rants, charges, fees, or o or cone ore on w ch are due and unpaid at the expiration or voluntary or Involuntary termination or cancellation of this Leese, shall be a charge against the Losses 2 LESSORS LESSEES i t I j I T Is -- - - - -- — - -- ---- A i � t I { 1 i I 't .i 1 t 3 4 t ' I �1 `. Tim ROGIAG I . �11V AIIOWh City OF KINA . o so- W rtPoAI AIAS.A~1 � 1!t 1579 and Lessee's property, real or pereonnl, and the City shall have such lien rights as are allowed by low, and enforcement by dietraint may be mndo by the City or Ito authorized agent. 15. EASEMENT GRANTS RESERVEDt City reserves the right to grant and control essomen a Ing or above the land loaned. No euah grunt or easement will be mode that will unreasonably Into ore with the Lessee's use of the land, and Lessee shall have free access and use of any and all parking and loading rights, rights of ingrese and agrees now or hereafter appertaining to the leased promisee. 16. SURRENDER ON TERMINATIONS Loosed shall, on the lost day of the term or thl e ease or upon any earlier ter• minutlon of this Lease, eurronder and deliver upon the premiaeo into the possession and use of City without frnud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or too ewal free and clear of all lettings and occupancies unions exproeeiy permitted by the City in writing, and free and clear of all Ilona and encumbrances other then those created by and for loans to City. Upon the end of the term of this Leese or any earlier termination thereof, title to any shore fishery equipment left on the loosed lend for a period in excess of 30 days shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any ouch document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and @hell pay any ch:rgo, tax nd fee asserted or imposed by any and all governmental uenite in connection herewith. 17. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONt City hereby agrees and covenants that the L09880, upon payin rent and performing other covenants, terms, and conditions of this Leese, shall have the right to quietly and pone efully hold, eaa, occupy, end enjoy the said leased premises, axaept that any inconvenience caused by public works projects in or about the leaeshold promisee shell not be construed no a denial of the right of quiet or peaceable possession. 18. LESSEE TO PAY TAXESt Lease a shall pay all lawful taxes and seeeoemen e w c , during the term hereof may become a lien upon or which may levied by the State, Borouqh, City, or any other tax levying bodyy, upon any taxable pooeosoory right which Lessee may have in or to the property by reason of Ito use or occupancy or the terms of this loose, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 19. SPECIAL SERVICESt Lessee sgroed to pay Citya reasonable charge or any epee el service: or fnoilitioa required by Lessee in writing, which services or facilities are not provided for herein. 20. NO PARTNERSHIP OR JOINT VENTURE CREATEDs It is expressly understood o e y e a no a cone rued or held to be a partner or joint venturer of Lessee in the conduct of buainese on the demised promiseal and it is exproaoly understood and aggreed that the relationship between the portion hereto in, Ind shall at all times remain landlord rind tenant. 21. DEFAULT BANKRUPTCY ETC.s If the Loosed nholl make any ooeignmen or a ens s creditors or shall be adjudged a bankrupt, or if a receiver in appointed for the Lessee or Lessee's assets, or any interest under this Lease, and 3 LESSORS LESSEEt . n.. , . d. ... . 0 Tim main 'Aff Affo&*1 `. CITY 01 KIINAI r11/Ai AIASrA 7Al/l M, .,w i $ i I i 1 t �I I r� r)I if the appointment of the receiver is not vacated within thirty ((3qq) dayys ar if a voluntary petition In Piled under inctlon IB(o) qP the Bonkruptcy Act by the Loonoo, thou and in anyy event, the City moyy ull$on giving the Lon000 thirty (30) day a' natlGot tormInoko thlo Tones. 22. NONDISCRIMINATION$ The L00000, for himself, his hoiro, personal reprosen a vee, nucoeonore in interest, and 000igns ne a part oP khe cansldoretlan heroaf, does hereby cavonon� and agree no a covenant running with the lend, that$ (a) No ooroon an the groundo of race. color, or notional origin oholl be excluded from particl otion in, denied the benefits of, or be otherwino oubjoctod to discrimination in the uoo of said shore fioheryl 23. PARTIAL INVALIDITY$ If any term, provision, condition, or purr or a L0800 l0 deal 0red by a court of competent jurisdiction to be invalid or unconstitutional, the remaining tormo, provisions, conditions, or parts shall continue In Pull force and effect an though such declaration woo not made. 24. MODIFICATIONS$ No loans may be modified orally or in any manner other Men by an agreement in writing ofgned by all portion in interest or their nucc0000ro in Interco Any Duch modification shall require Council approval. 25. WARRANTVt the City does not warrant that the property which Tom subject of this Leese 1e sulted for the use authorized heroin and no guarantee is given or implied that It shall be profitable or suitable to employ the property to ouch_ une. 26. RIGHT TO ADOPT RULES# City reserves the right to adopt, emend, and on oroo reasonable rules and regulations governing the demised promisee and the public areas and focilitiee used in connection therewith. Except in cases of emergenoy, no rule cr regulation hereafter adopted or amended by the Clty ;hell become applicable unless Losses has been given thirty-(30) days notice of adoption or amendment thereof. 27. NON -LIABILITY$ City shell not be liable to Lessee for any diminution or depriveton of posaeasion, or of Leeneo'o rigght hereunder, on ;;count of the oxerclet, of any ouch right or authority se provided in this or the preceding 0aotton nor oholl Losses be entitled to terminate the whole or any portion Of the leasehold estate herein created, by reason of the exercise In euoh righte or authority, unless the exercise thereof shall so In with Losseo'e use end occupancy of the leasehold estate as to constitute a termination In whole or in part of this lease by operation of low in accordance with the Iowa of the State of Alaska and of the United States mode applicable to the states. te. COMPLIANCE WITH LAWS$ (a) Lessee shell observe, obey and comply with all appliaablo levee, oedinoncee, eu�es, and regulations of the federal, state, borough, or city governmento or of any other public authorities now or hereafter in any manner affecting the loosed promisee. (b) Losses agrees to hold City financially hormleso$ (1) from the consequences of any violation of such laws, ordinances, and/or requlational and 4 LESSOR: LESSEE$ to a r J if! RdosRe .. An01M. GtY OF KENAI .., .n. A rl.lAl AIAiF* V I ,A3 toy, (2) From all olaimo for damages on account of lnjurisu, death, or property damage resulting from ouch violation. (a) Lasses further agrees it will not permit ony unlawful occupation, business, or trade to be goy on sold promises or any uou to be mode thereof contrary to any law, ordinance, or regulation an cforeaaid with reap act thereto, including zoning ordinances, rules, and rogulaticna. 29. CONDE14NATION$ In the event the loosed orsminno or any part thorso o e- a condemned and taken for a public or o quasi -public use, then upon payment of any award or compensation arloing from ouch condemnation, there aholl be ouch division of the procooda, ouch abatement in rant payable during the term or any extension of the term hereof, and ouch other adjuotmonto no the parties may agree upon no being Just and equitablo under ail the circumstances. If the City and Looses are unable to agree within thirty (30) daye after such an award has been paid Into Court, upon whet division, annual abatement in rant and other adjustments are just and equitable, the dispute ehalf be determined by arbitration. 30. PROTECTION OF SUBLESSEES$ To protect the position of any ou ones a ores or propperly obtaining onY Interests in the loneehold estate granted Loenea heroundee, City agrees that in the event of the concollation, term/net ion, e,g irotion, or surrender of thin Loose (the ground lasso), the City will accept the Sublooses, it aucc0000ro and assigns, as its losses for a period equal to the full unolopood portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Leone, upon the name covenants and conditions therein contained, to the extent that laid covenants and conditions are not inconsistent with any of the terms and conditions of thin Lease, provided ouch subleases shell make full and complete ettornment to the City for the balance of the term of ouch sublease so so to establish direct privity of estate and contract between the City and the subleases with tMa same force and effect as though ouch sublease woo originally made directly between the City and ouch oublooeool and further provided such aublsssse agrees to comply with all the provisions of the ground lease. 31. SUCCESSORS IN INTEREST& This Lease shell be binding upon and ohooholl inure to th nefit of the respective successors and oonigno of the portion hereto, subject to such specific limitations on assignment ea are provided for herein. 32. GOVERNING LANs This indenture of Lease shell be governed In all respects y the levee of the State of Alaska. 53. NOTICES$ (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only If delivered personally or mailed by certified or registered mail in n prepaid envelope addressed to the parties at the address net forth in the opening paragraph of this lease unless ouch address has been changed puteuent to oub-poragrnph (b) hereafter, and in that case shall to the moot recent address no changed. Any notice no mailed ahsll be doomed delivered on the date it is deposited in a U.S. goneral or branch post office. 5 LESSOR$ LESSEEt r The City oholl slon moll a copy of any notice given to the L00000 by cngqlatored or certified mail, to tiny lanoohold londor imartgn(lne, heneficiary of a flood of trust, security nenignoo) who oholl have given the City notice of ouch mortgage, dead of trust, or aeourity inoolgnmont. (b) Any ouch addresses may be uhan sd by on appropriate notice In writing to sl� other portion affected provided ouch change of address is given to the other parties by the monnn outlined in paragraph (a) above at least fifteen (15) dove Prior to the giving of the particular notice in Issue. 34. ENTRY AND RE-ENTRYi In the event that the Lease should be torminolod an ore n e ore provided, at by summary pc000edingo or otherwise, or in the event that the demloed lands or any part thereof should be nbondoned by the Leona@ during cold term, the Loaooc or Ito agents, servants, or representatives may, immediately at any time thereafter, re-enter and resume p000eoolon of said lands or ouch part thereof, and remove all persona and property therefrom, either by summary proceedings or by o suitable cotton or proceeding of low without being liable for any damages therefor. No re-entry bg the Lenoor oholl be doomed an acceptance of a out on or of the Leone. 35. RETENTION OF RENTALf In the event that the Lease should be terminated because of any breach by the Losses no herein provided the rental payment lest made by the Looses shall be rotolned by the Loaooc as partial or total liquidated damages for said broach. M . WRITTEN WAIVERS The reeelpt of cent by the Loan.& with knowledge or any roes of the Leese by the Losses or any default on the port of the Losses In observance or performance of any of the conditions or covenants of the Lance, shall not be doomed to be a waiver of any provisions of the Lease. No failure i on the port of the Leaner to enforce any convonant or provision therein contained, not any waiver of any right thereunder by the ` Leeeor, unless in writing, shell discharge or invalidate ouch covenants or provisions, or affect the right of the Lessor to I enforce the same In the avant of any subsequent breach or default. The receipt, by the Looser, of any sent or any other sum of money oftor the termination, in any manner, of the term therein demlood, or after the giving by the Leonor of any notice thereunder to effect ouch termination, shell not rolnetate, continue, or extend the resultant term therein domieed, or ,.. destroy, or in any manner Impair the efficacy of any such notice i of termination so may have been given thereunder by the Looser to the Lessee prior to the receipt of any ouch oum of money or other consideration, unless as agreed to in writing and signed by the r Loeoor. y 37. ZONING COOESs Leaned tidelands and shore fishery _ lends shall be urrTTzoain accordance with the building and zoning ordinances and rules and regulations of the City. Failure to do so shell constitute a default. - 38. PERSONAL USE OF MATERIALS► All cool, oil, gas, and other miners n and all e o0 o p a utnnu or gravel valuable � for extraction or utilization and all motoriala subject to Title I1, Division I, Chapters 4, 5 and 6 of the Alaska Administrative ! 1� Code are excepted from the operation of a surface Lane@. Specifically, the Leanne of the surface rights oholl not sell or remove for fine elsewhere any timber, stone, gravel, Pont mono, ( TMA was" topooil, or any other material valuable for building or I .,rr uro..Rr 6 C CITY OFKENA1 LESSURr 1 . " W" M .1.W AIAwAgmit i LESSE1. S ' 1- l 1 lSI ISY! I I� S I ' r was.,•. -- �� ��' _ . .._ .,__ _�� 1 . i I 1 !1 1 . V 1� Tilt ROGERS _ cn Angnl,. City OF NEW em" off," MAUAMPI rn ►sr commorcial purpoeeat provided, however, that material required for the davolopment of the Isasehold may be used if Ito use is first :approved by the City Manager. 39. MUTUAL CANCELLATIONS Lesson In qood standing may be conceile n woe or n port at any time upon mutual written agreement by Looses and the City Council. 40, UNLAWFUL USE_PROHIBTTF.D1 Losses aheil not allow the losoohold prom goa o o uead for -on unlawful purposo. 41. APPROVAL OF OTHER AUTHORITIES: The issuance by �� .Yoovo YVbO ".L ►.I&avu the Lougee at responsibility of obtaininq lloonooe or permits se may be required by duly authorized Borough, State, or Fodrrni agencies. 42, PREFERENCE RIGHT TO RE.LEASEt A losses under on existing lease 9hall# upon tne expiration or the termination by mutual agreement of Bald loose, be allowed a preference right to re -lease those lands previously leaned by him if all other sections of the Kenai Municipal Code are complied with. Re -leering will not necessarily be under the name terms and oonditione as the prior lease. When the lease is offered to the preference right holder, he shall exercise hie riqht within thirty (30) calendar days after said loses is offered by the City. Failure to do so ohsll result in forfeiture and cancellation of the preference right. No preference right shell inure to o lessee whose lease her been terminated by cause. IN WITNESS WHEREOF, the parties hereto have -hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI ByS William r gh on City Manager LESSEE: FRANK 0. CANADY STATE OF ALASKA ) )ea THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this clay of 1985. , being peroonally known to me art having pro uce ae sec ory evidence of Identification, appeared It me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary ub c ror AlseWa My Commission Expiroos LESSOR: LESSEE: � u f ' f P I ti I 4 {{ 1 I 1 f 1 i Tim Rooeaa rnr Anoo4y CRY Of 91101 . o 00.W 414M ApyA 9%1 M 1939 STATE OF ALASKA ) )oo THIRD JUDICIAL DISTRICT ) THIS 15 TO CERTIFY that on this day of , 1985, WILLIAM J. BRIGHTON, City Manager o7 the City o Koneig Alaska, being personally known to me or having produced eatiefactory evidence of identification, appeared before me and acknowledgod the voluntary and authorised execution of the foregoing instrument on behalf of sold City. Notary Pubilo for Alaska My Commission Expireel Approved as to loose form by City Attorney TS—rr es Approved by Finance Director MUM e Approved by City Manager n t a =a 8 LESSOR: f LESSEE: r - i op� CITY OF KENAI ..,__ 210FIDALOO KENA1,ALAORA 00611 — T8LEPNON8363.7636 MEMORANDUM FROM: _ ogers, Attorney ✓City f Kenai T0s Councilmembers City of Kenai DATE: December 12, 1985 RE: Informational/Agenda Items CANNERY LOOP UNIT AGREEMENTS At the last Council meeting the Council requested that I look into the unit agreements for the Cannery Loop area to determine what the City's royalties might be. This department first contacted Kay Brown at the Department of Natural Resources to determine the statue of the Cannery Loop project. Her Peeling E was that the Loop unit wae•still in the planning stages and i directed us to Cass Arley, a petroleum geologist working in the ` Division of Oil and Gas for the Department of Natural Resources (DNR). k From the discussions with Cass Arley,it hoe been determined that nothing has been concretely decided as yet on the Cannery Loop unit. The DNR hopes that within the next few months a decision will be reached. The problem with the unit area is that no one ' can agree on what the boundaries of it should be. This is one of the first instances where the unit lead company (Union Oil) went to the State proposing a different area then what was proposed by _! the unit ownersApparently, it has come down to the point the State is going to have to decide the boundaries ofthe unit.,e The reason for this is that there are only two wells presently drilled on the unit area and that those wells do not provide enough data to accurately map the boundaries of the unit. r 1 ' I 0 The aim of the ONR is'to limit the boundarieo to the reasonable estimate of productivity, i.e., those properties overlaying ostimatee of whore gas would lie. Union Oil wants to start production within six months to one year, however, at least ninety days must slopes after the unit is fully enacted before production may start under State regulation. In order to insure the City'a interest in the unit, we are sending a map of City lands within the propoeed unit to the Division of Oil and Goo to determine who may or may not have sub6urfaca ►igkt`o. IL lu hoped LhuL within Lhe next few months that moro information will be available. LAWTON ACRES I have reviewed my memo of November 6, 1995 (e copy attached), and again conclude that the Council's acted properly in addressing this rezoning issue. The City code does not require that 51% of the land owners be present to sign in order for a rezone to be initiated. It is only necessary that the City Council initiate a rezone. On an appeal from a decision of the Planning and Zoning Commiesion, the Council does in fact act as a reviewing body. CANADAY SHORE LEASE I Mr. Canaday requested that the City give him a renewal clause in hie shore fishery lease as was provided under the old State system. Research by this department indicates that the City does not have to give such a renewal under the instrument which originally deeded these shore tracts to use In these cases, we felt that it would be reasonable to have a shore fishery renewal clause, however, we are requiring that at the time for renewal there will be a redetermination of fair market value and a conesquential increase or decrease in the rent of the shore fishery lease. I am proposing that we use the same renewal elauee for all future shore fishery leases and hence I am giving the Council an opportunity to approve this form for this and future cases. TR/clf Attachment i P. -I (.-Ia CITY OF KENAI 210 FIDAL00 KENA1, ALASKA Hall TELEPHONE 203.7635 December 11, 1985 Mr, Richard Kochanuski Blue Mountain Ventures, Inc. 1013 East Dimond Boulevard, Suite 222 Anchorage, Alaska 99502 Res Lots, 4-8, F.B.O. Subdivision, City of Kenai Dear Mr. Kochanuski: Paragraph 54 in the Lease Agreement of the above -referenced lands incorporated the application for the lease into the lease itself. The application contains a development schedule. For your i convenience, I have attached a copy of that development schedule. You have not met this schedule; this places you in default of the lease. Jeff LaBahn, the former City Land Manager warned you that you were in default as far back as August of 1964. We anticipate initiation of a forcible entry and detainer action on February 1, 1966 if this matter is not resolved to the City's satisfaction by that date. The properties are prime airport lends and failure to develop them not only effects the City's standing with the FAA, but also impedes development of the City of Kenai. This matter will be placed on the agenda of the City Council Meeting for December 18, 1985. I would urge that a representative be present to address this default. Your timely response is anticipated. Sincerely, CITY F KENA im Roger4 Attorney __ - ' J y� a 1. ®" ►INTERNATIONAL STEEL Presentation to City of Kenai Planning and Zoning Commission. References Presentation of development for FBO-Subdivision Blk. 1, Lots 7-11. Overview: Tonight I would like to speak with you about my proposed dev- elopment of the FSO lots 7 through 11. q kt"�tx W It is my intention to develop over the next few years an in- tegrated warehouse, office, aircraft parking, load -unload facility on these lots. A facility that will be an asset to the airport, the city of Kenai and to the general area. In view of the current economic situation, Kenai presently being relatively slows interum building money being very expensive, the prime now up to 208, I propose to develop these lots in several phaseswhich I will now outline. Phase Is 1980s During the 1960 building season we propose to clear lots 7 and 8 and construct theron a steel 80'x 80' warehouse. This ware- house will be weather proof, heated with all utilities. This warehouse will provide storage space for businesses concerned with airport operations. In addition there will be a mezzanine area for office space. It is envisioned that this phase of construct- ion should be completed by the end of 1980. Phase Iis 1981s During the 1981 season we plan to asphalt the parking area in front of the building. Upon clearing additional land, an area will be provided for outside storage of equipment, materials and etc.. Phase Isis 1982s In 1982 upon the demand for additonal space and the availabil- ity of funding, we propose to expand the existing facilities, by 120'x 801, in order to accomodate those needs. �n i� 1801 W. 48th. ANCHORAGE, ALASKA 99503, O PHONE (907) 248-2600 ' . i r. 4 , RNATIONAL STEEL l� A.% lip TOPS Phase M 1983: Under the assumption of Apron expansion, it is our intent in approximately 1983 to clear the remaining lots, baokfill and level as necessary. We could possibly offer tiedown facilities for small aircraft or an unloading area for large aircraft, or both. Phase V: 1984: In 1984 we propose to add a third (3rd) addition to the ex- isting building. This addition would be approximately 120' x 801. It should be understood the office mezzanine area will be built to the occupants requirements. Phase VI: 1985: our goal for 1965 will be the upgrading and landscaping of the surrounding area, pairing of the parking areas and access to the ramps. Phase VII: 1986: In 1986 should it be neccessary, we plan to complete the 440' •x 80' building with the final 120' x 60' addition. This will pro- vide a warehouse space of 35,200 square foot and a possible office area of 17,600 square foot. Summary: In conlusion, we have outlined a proposed development program for lots 7 through 11 in planned steps; sequentially over time by myself as the supervisor and developer, and with the completion of the project the City of Kenai will have a first rate facility cap- able of handling the growth of our area. By approving this propos- althe city will be dealing with a single entity, this should pro- mote better working relationships with all concerned. In order to make this an economically viable project, we request the city's approval of a long term lease on lots 7 through 11 up to 99 years. The former proposal regarding the large aircraft hanger was re -considered based on the following information. After conferring with possible lessees' we learned that hangers are only needed for maintance because when an aircraft has been in a heated hanger it is subject to icing problems once it has been exposed to cold air. It was further learned that most of the major airlines have their maintance performed in the Seattle area. For the above reasons we concluded that an aircraft hanger of the size proposed would be impractical. i 1801 W. 48th, ANCHORAGE, ALASKA 99503, 0 PHONE (907) 248-2600 � I F G r) MEMO Tot Kenai City Council FROM: Charles A. Brown, Finance Director DATE: December 6, 1985 rah SUBJECT: Accounting for cemetery fees "t. w.w ar •r Y.0 VYY.Nr1L r.ao. aYg, a y.sco%avu iYao LOLDCY awui tia%La.ig up is separate fund for cemetery plot revenues and for grave openings/closings expenses. It is necessary to set up a separate fund (a separate set of books) if it is necessary to completely separate, on a permanent basis, certain activities of the government. Examples that we currently have are water and sewer, airport land system, council on aging, and federal revenue sharing. These are Special Revenue Funds. Special Revenue Funds are used "to account for the proceeds of specific revenue eources....that are legally restricted to expenditure for specific purposes." f (From Governmental Accountian and Financial Reporting Standards by the Governmental Account ng Standards Board.)w In this case, the City is collecting a fee, say $6000 for opening and closing a t grave and for future maintenance. I don't think it's fair to say that the $600 r ' is necessarily meant to meet all such expenses. It's also not required that if f costs are lees than $600, the balance be restricted for cemetery expenses. The i fees are simply estimates, and I see no purpose to permanently restricting that revenue. t It is up to Council to determine the level of control and restriction you want, but I'd advise that a separate revenue account within the General Fund should be sufficient. Bear in mind that we already account for expenses (mostly salaries) of cemetery maintenance in the Beautification budget of the General Fund. I would think that for now, General Fund accounting would be sufficient. We'd still have the ability to collect history data on collections and on opening/closing contract costs at any time. If the situation were to change, we could consider this again at a later date. For instance, if various individuals or civic groups were to donate money specifically for cemetery maintenance, then we might want to set up another fund to ensure better reporting and control. - L - — ------ - f 0 H•b j KENAI PLANNING & ZONING COMMISSION November 27, 1985 - 7s00 p.m. Kenai City Hall Lee Lewis, Chairman I. ROLL CALL Present! 1 ewle Bryeww C-arignin V1Mcar, fvbariic, eimaliay, Tii`-0. ... ......, ... yr • .., 2. APPROVAL OF AGENDA Planning Specialist Loper asked to have the home occupation removed from the agenda. Agenda approved with the change. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4, PUBLIC HEARINGS a. Resolution PZ85-83i Rezoning Portion of Section 33 Known as Lawton Acres from Conservation to General Commercial District rw Councilman Wise asked that the Chairman to "clarify exactly what you're doing, its the west 300". We're not talking about the whale strip". Chairman Lewis asked that Mr. Nath present his case before the public hearing. Bob Noth of Property World Realty, representative of Kurani Corp./ Pizza Hut. Mr. Noth explained that the main issue is the rezoning of the portion described from Conservation to General Commercial and quoted the comprehensive plan that is forthcoming as projeetin the entire strip from Walker Lane to the gully as commercial. If that is the case, it would be in order to set a plan for development. Mr. Noth suggested a deed restriction that any land that is sold in that area have a 10' wide greenbelt along Lawton Or barring access, driveways, and curb cuts except for utilities. Jerry Carlson (1), from the audience asked several questions regarding other sites available. Commissioner Smalley agreed, quoting an earlier comment that financing is not a problem with the Kurani Corp. and further that the projected comprehensive plan has made no commitment in writing that the Commission is aware of. Mr. Noth mentioned several different locations, stating that each of these wanted well above market value. l PLANNING COMMISSION November 27, 1965 Page 2 NOTEs Because there are two Jerry Carlsons, each will be designated by a (1) or (2) to indicate which gentleman spoke. Bob Noth feels strongly that this property will eventually go commercial due to economic factors and that by approaching this at the outset, the strip can be designed to be an asset. Chairman Lewis opened the meeting to the public. Howard Hackney, Inlet View S/0, "when Mr. Noth says that the comprehensive plan calls for that zoned commercial, I would like to see that, there hoe not been anything in writing as yet. He says if they put the whole strip down as commercial, that doesn't mean the whole strip is commercial until it is rezoned by the Planning Commission and Council, it doesn't happen automatically. This is being dressed up to look better, just like when my mother used to give me medicine, she used to put it on brown sugar, but it still tasted like medicine. I don't see where anything is changed. As soon as you let one in there, its only a matter of time before someone else will be along that will just have to have the next piece until there is nothing left. We have just enacted a landscape ordinance to preserve the trees and now we are going to cut them down. As far as planning that for commercial, it will have to go through the landscape board any way." James Blanning, Central Hte S/0, "I feel very strongly about any encroachment into the greenbelt or conservation zones and that is exactly what this is, literally a spot rezoning and I agree with Mr. Noth that this would set a precedent, there would be other business that would want to do exactly the some thing until it wee all taken." Mike Thomas, Central Hts. S/0, "First of all I feel that Pizza Hut would be a valuable contribution to the community, however, not in the place they seek. That was originally designed as conservation and I think as everyone here does that it should be left that way. A 23' buffer sounds nice, but when you measure it off, that includes very little trees or brush. An example would be the junior high, between the road and the junior high which is well over 23' but is still very thin." C.E. Wallingford, Inlet View S/0, I come down to protest. First, eventually the city may want a park there, and second, we already know there are more desirable locations available for another pizza parlor as we already have 3 in a one mile radius. We have a 55 mph speed limit there which will not add any safety. Right now you can hardly get out onto the Spur Hwy from walker Lane, this would make it worse. Jerry Carlson (2), Inlet View, I am definitely against that location being zoned commercial. I have lived in Kenai all my life and I just bought a house in Inlet View this summer because it is one of the PLANNING COMMISSION November 27, 1985 Page 3 nicer subdivisions in town. I'm all for growth for the City but I think it should go in a different direction rather then residential neighborhoods. Randy Caler, Valhalla S/09 representing the Landscaping Review Board, stated that the Board unanimously approved the conservation zoning. It was the consensus of the Board that they would not support any business in that greenbelt area. There is a bike trail, high traffic, students from the high school are near, there is a cleared area where the fire training used to be which does look bleak, however, what trees are left do form a buffer. The Mayor has come out as opposed to it, the Council opposed it, the Mayor who knows more about lands than I do made the statement that there are other lands available. Cheryl Samples, Central Hts S/0, Mr. Nath has presented an attractive proposal, however, the question is whether or not to rezone from conservation to commercial, not what Mr. Nath's client is prepared to do to accommodate a greenstrip and build his establishment. Mrs. Samples presented a petition signed by 96 persons all opposed any development less restrictive, not all persons being residents of adjoining subdivisions. Petition entered into the record. The conservation strip needs to be left for several reasons, it is a buffer strip for the neighborhood, it is probable that the property along Lawton will be developed in the future leaving the Pizza Hut and other establishments in their front yard. A 10' greenstrip will not hide that fact. It does not benefit the City of Kenai to build on every corner at the expense of losing a conservation zone and disregarding the wishes of the people. I feel it is your responsibility and that of the City Council to listen and respond to the opinions and wishes of the people. Jerry Carlson (1), Inlet View, I am opposed to the rezoning but not the Pizza Hut. Mr. Carlson suggested a referendum and put it to the vote of the people. Councilman Wise answered that the land is in trust as it is FAA land and has special connotations of its own. I don't feel that the City by referendum could over ride the deed of trust that we have from the federal government. What you are really asking is that the City buy the land from the airport and dedicated it for some restrictive purpose. However, as soon as you have done this, anything that is done by one Council can be undone by a future council, even a referendum initiative. You can't put it in the Charter. The cleanest way to do this is for a private party to buy the land and deed it to the city with a reverter (sic) clause designating what it can be used for which means the city can't do anything with it except what is provided by deed. Cheryl Samples asked how parks & recreation keeps its land and facilities and could this property be treated the same way. Councilman Wise explained that parks & recreation is an instrument of the city and those lands can be rezoned and sold at any time the PLANNING COMMISSION November 27, 1985 Page 4 Council decides. The Council is considering the dust bowl right now. i Its the same, its airport land, it is a baseball field, the airport is getting no revenue from it, it probably will be rezoned and put up for sale. Chairman Lewis closed the public hearing and brought the issue back to a the commiesion MOTION: Commissioner Carignan moved for the adoption of PZ85-83, seconded by i Commissioner Osborne. Commissioner Carignan stated,that he has always felt strongly about maintaining that conservation zone area and I have not heard anything this evening that would change my mind. We have discussed the j ramifications of developing both sides of the road and felt there are other lands available out there, even though they cost more, we are also looking into developing lands across the roads in the other direction. Commissioner Smalley stated he would reiterate the some comments and go on to state that this body nor the community that spoke is against the Pizza Hut, it is just the location and I believe there are other lands available. The idea of the new comprehensive plan indicating a commercial zone, the person that is doing the plan is basically going to give the city that which they would like to have, it is not cast in cement. To use terms such as "this will be eventually or probably ` changed" why can't we say, "it may not be changed". Its not a piece of land that belongs just to the residents of that area but to the city as a conservation strip, we didn't intend for it to be a park, we already turned it over to perks 8 recreation some time ago and from them we learned it was too large to develop. On tape is Mayor Wagoner stating when Craycroft went in that the Lawton Acres strip would be left a conservation zone to buffer the residential from the commercial districts. Because of those items and the people that spoke, I would oppose a rezone. s VOTES Motion Failed f. not Commissioners Bryson, Carignan, Lewis, Oleson, Smalley, Zubeck -- yes: Commissioner Osborne 5. APPROVAL OF MINUTES of November 13, 1985 Corrects on page 4, paragraph 1, change way to weigh Minutes approved with the correction i ! t� F 1 ' i 1 r, PLANNING COMMISSION November 27, 1985 Page 5 6. OLD BUSINESS None 7. NEW BUSINESS a. Home Occupation Applications Portion BLM 129, Known As City Park S/D - for Home Cooking/Processing - Debbie Sherebernikoff Item deleted b. Disposal of City -owned Landes Lot 34, Blk 1, Valhalla S/D Part II Administrative Assistant Gerstlauer explained that this is property that has been deeded to the City several years ago and this is included in lands that are going to be made available for competitive bid. This piece has never been approved for disposal, therefore it comes before the Commission for recommendation. Commissioner Carignan asked if the Parke 6 Rec Commission had made recommendation, answer no, however it will at their next meeting. MOTIONs Commissioner Carignan, "if there is no use by the Parka 8 Rec Commission, move to recommend disposal along with other foreclosed parcels", seconded by Commissioner Bryson. VOTES Motion passed unanimously. c. Preliminary Plat PZ85-84s Gusty S/D 04 Administrative Assistant Gerstlauer explained that there are several lots leased out by the ball fields, however, the property hoe never officially been platted. This plat will conform to leases and the zoning code. They have been platted to this size since water & sewer are on -site. Commissioner Bryson asked, if staff is recommending the 100' jog in Coral, answer no, it will be corrected on a future plat. MOTIONS Commissioner Smalley moved for approval of PZ85-84, Councilman Wise, "I would say if you approve this you blow us out of the water. You're saying the City of Kenai can plat lands without building roads and the answer of saying that it's on the capital Improvements list, well its been on the list since 1904. The City is not broke, the airport has money to build the road, but to plat land and say we don't have to follow our own rules is wrong. I would strongly recommend you require the City to fund a road before the plat be approved". Administrative Assistant Gerstlauer asked if it made any difference if the land was leased and was lease only, that it r PLANNING COMMISSION November 27, 1985 Page 6 cannot be sold, Councilman Wise answered no. I have a further problem in that you are dedicating a road that does not exist and the existing road violates lease holdings of Dan Roberts on adjoining subdivision. The realignment of the road will affect Dan Robert's lease, however, when the second plat is done, it will be negotiated with Mr. Roberts. MOTIONS Commissioner Smalley moved to table PZ85-84 until both plats are submitted and a response to Councilman Wise concerns about construction of the road, seconded by Commissioner Osborne Notes Commissioner Bryson abstaining due to financial interests VOTES Motion passed unanimously. d. Resolution PZ85-85s Street Name Change - Baron Park S/D This resolution came about as a result of a plat being file with Incorrect street names. Planning Specialist Loper, Administrative Assistant Gerstlauer, and the Commission discussed possible ways to eliminate the problem of incorrect street names getting through on filed plats. Commissioner Bryson stated that through Borough subdivision ordinances, plate go to the Borough first, however as an engineer, several times he will bring plate to the City first and save at times, a week and a half. However, none of the other surveyors do this. MOTIONS Commissioner Carignan moved to instruct Planning Specialist Loper exhaust every administrative avenue to resolve the problem and communicate to the Borough that if it is not resolved, plate with incorrect street names will not be processed, MOTION NOT SECONDED - It was the consensus of the Commission that the City try the approach of writing letters to surveyors, requesting surveyors submit plate to the City for review prior to submitting plats to the Borough. MOTION: Commissioner Carignan moved for the adoption of PZ85-859 seconded by Commissioner Smalley VOTES Motion passed unanimously. W • J I • PLANNING COMMISSION November 27, 1985 Page 7 S. PLANNING Commissioner Carignan asked about the progress on the zero lot line ordinance and suggested a work session at the next meeting. Planning Specialist Loper explained that Mr. Morehouse is asking for a work session with the Commission and Council on the comprehensive plan on ivi I v'ii.Ji oi.nov if Vc "''Y11111id0iYi� iiiaiiGY OV bW11Yit10 1}r110 0040LY1100 16 was the consensus of the Commission to wait for the work session on the zero lot line ordinance until the first meeting in January. Planning Specialist Loper explained that the Council has moved its meeting schedule up one week for the month of January. The first meeting of the Council falls on New Year's Eve, therefore if the Council moves its next meeting to January Bth, the next Commission meeting would be January 15th. There are 5 weeks in January so the Commission would not lose a meeting. The Corission set the work session for January 15th. 9. REPORTS a. City Council None b. Borough Planning None c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS Council Agenda Borough Planning Aqends No questions or comments 12. COMMISSION COMMENTS 6 QUESTIONS None tL' ' a � a• } - t r�,, PLANNING COMMISSION November 27, 1985 Page 8 13. ADJOURNMENT There being no further bueinese, the meeting was adjourned. The next regular meeting of the Commission is December 110 1985. Work Session with Council and Dick Morehouse will be the some evening commencing at 6:00 rig. Janet Loper Planning Specialist/Secretary r 7 s� rasua�rr i UNA7, '1g®vr° KENAI PLANNING & ZONING COMMISSION December 11, 1985 - 700 p.m. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Presents Lewis, Bryson, iarignan, Oieson, Osborne, Smaiiey, Zubeck 2. APPROVAL OF AGENDA Add 2 plates PZBi-06 & 87 Agenda approved with additions 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS F None 5, APPROVAL OF MINUTES of November 279 1985 Commissioner Smalley stated that his intent was that Parke & Roe had Indicated the lot was too small for development not too large to be developed as a park Minutes approved with the correction 6. OLD BUSINESS None 7. NEW BUSINESS a. Vacation of 10' Utility Easement - Lots 10#11#12, Blk 8, Valhalla Hts S/D, Part III - McPherson This vacation will eliminate an encroachment of a well into the easement and allow development of the lot. MOTIONS Commissioner Smalley moved recommendation of non -objection, seconded by Commissioner Bryson VOTES Motion passed unanimously I rr � PLANNING COMMISSION December 11. 1965 Page 2 b. Resolution PZ85-661 Section Line Easement Vacation Plot - Valhalla Hts S/D This plat represents a section line vacation request approved by the Commission in August. MOTIONI Commissioner Bryson moved for approval of PZ85-86, seconded by Commissioner Osborne. VOTES . Motion passed unanimously c. Resolution PZ85-87: Sprucewood Glen S/D #5 This plat moves the satellite lot to the east, adjacent to the 7-11 d lot. The Commission directed Planning Specialist Loper to include the following statement on the resolution atoll comment sheets �- "Stipulate that there be no future access to Walker Lane". r MOTION: t ' Commissioner Smalley moved approval of PZ65-67 with inclusion of „ Commission comment, seconded by Commissioner Osborne. n: VOTES Motion passed unanimously B. PLANNING Chairman Lewis reminded the Commission that terms will be expiring in January and that Commissioners should indicate whether or not they plan on remaining with the Commission to the Mayor. Councilman Wise suggested that letters were not necessary in that Commissioners are usually reinstated. 9. REPORTS a. City Council Councilman Wise discussed the items on the Council agenda and reminded the Commission of the work session scheduled for December 17th. The dustbowl will be on the agenda along with Old Towne. b. Borough Planning None A t I .. - ? 11 0�- PLANNING COMMISSION December 11, 1985 Page 3 e. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS Council Agenda Borough Planning Agenda No questions or comments - taken care of above 11. COMMISSION COMMENTS A QUESTIONS None 13, ADJOURNMENT There being no further business the meeting was adjourned. The next regular meeting of the Commission wilt be January 15, 1786. Janet Loper Planning Specialist J, % {l) d, BS•8 "Regutatins the Use of fireworks Based t 5 encue come 09 tho BOCOU^ 11600404 Hold, 14 FORMAL PREDENTATION8 WITH PRIOR NOTICZ, 811sizas NOT ON A01001 • lotober .' 1986" {0110k) • ti. .� ,• ' cv` •i" • . ;t :t� !,,h� }, �7fe ''`•; �1N.;.''MAYOII'8 RGPORI' .� .1 e.''�•''s�1�' "Establishing he position a 1 ? , ,•: ,y 01-e ! e t igloo of Risk Nans •s T';r �' } t•, �. : �,�+, "I.►; �''` n • nonce Department tot th• Pur o • of Provi�'t , trit:,'1 t i ► P 1 v'. (e)• Nemo Greer Road LINT / o11 /'• ins Risk Nanagoom t and eafeq; gevwkeeltor)the• Mena!{j`t'' 1• 1 : % ;' 1.11 f; t''; ;1b1 Report on, 4.Qo, vs, Pe. ; :/. '1. •ry '•; Penineul• sovoubh. (mayor) ,;r ,. t. i n S,�]ii.i+, tiyv,ffi: i � d`� I'1;h,/', ' , ,. ., `a,./1 '' �,..', ,rd'� r,'1►`Q►' f• o'eHER euelNEee •'' 1r , fA., It ,�•, h,5. tM , Ord a "Authorizing the M9•ipt of funds from the .1 4i1 + ,,�d.;':.' ,;' ' ,. ;r • ,di , r•t`+ i i' a O laske TotslinR 81 010 Node b /its ka P w s 5' 1 .'� t°" LY AND NAYOR'8 COMMKMT8 :. b /� Y.,f s o • ,1 ,5• �P.,',;A88EN8 rf� Authoeity and AP sopgla the n• Punda• er: Paymont.�!�"'1 ; • ; '; 5d%►,;ra „a", , +�'>•'• to Dolts Alaska �onotructiop , ( 5ti r �z•, �!YY r ': RIaYOsI•: t.. , ], t'' 1 j• '� a �{f y0v /UBLIQ CONMENTe AND /UBLIO PRE890TATiQN6 O► NAMM NOV W J.' tIPIRODUCT1Q1101',O11D1N�11f0c6:. .4. :1i'' )� r1;j�+'Ir•SlV'Fh:'�'+' }{�1if,f(�;t,r! 1 tJ fxR''1�:INFORMATIONA ` 1,' 1;:. L NATERIALB AND MPORT6 n ' a ,•y.. + �•;� +,}r.i• t., tit'; f 5'�• r•Y, , a, , , ' • ' 1� •'' ,• ti : t•`:1' . �� . �.�� �,, y Y•,fjl .� '�. y j� t per r },:. .N..'�' • 55. 1. .0 '!•', . {,•, fir. yy ,/Y• ,,;•, ST ' �.y '� r 4 ai • 1 ',/:'. . i.";'.5. di''• �' ��•?a'.. 4: �, .' r ,xk �4�i �.4�:! ��.t,;�:rt, '`Y' �+ r� �`j�,;,�,�' 'n ^ (a1 � Pae• a teak 8ubd Va anon et Judgment. Ds ',:.� .::air . �'`ti,s.t�'Il+iv {: °.'� ?"+1! l ,•il�,�;t�..l►..,y,'i4 '•> ja,,. l► a 6 1•, .+,.:5 d . ''r �•a`'. +%• • �;. .� , � ',• .ti. ,..; A �;•. , , 'a. •1' e io 7� Tae Ri�N �.M. , M .r 7 j1 :• r�•"�SV6fo1�rA „Authosiain6 Clio late of OZSO.00, . ', tl 0.000+1n +;r�l,' 1. " '� Vaoaon of 6eatioa Line casement aorsoa to .y : • e • Dods and APPIOVO& the Tons a Leagq:with �� ':y��y Sections 9 and 10o+TINT KIM Lewis Tracts /ubd•. �, + , Usage of the Proposal} tote irdauttlee • {Nayor� . , •, :!i r• :'+ i'1; ;ti';.'•'4��; /i, NO,t1Oi OP Ni11'f MMINO,JIND �IO.JOUANNLNf-ifteenbo1f,117° �9�0$1-' p d 6 " e t t • ! 11't 11 ' ' r. ' r' j;Ln71• r d' f !, ." + ' •!' �bl;;.� sn� a Borau`b'Pptlti lex:�! be o#tNaY. y�� •� �'."•'��` 'rr• , .•5•,,•ir:•.: .l•'�5. ��. i e',i'l+.• .1't•1 :.,. q a / •',v •ri t�•,,,� ; r�,r •!. r ;,• v, � f' � .f' t°,9� ,� j f•, �. •i]L']'`y`�'•�t'q .1 �"' ..�. 1, f1,•, 1' ,�S•{. ,.,,�,,�? .t ,,�. �`'i+ ,�i�. �'t ,1! {a1: f Ord. 69.94 "Providing tow an gloated Bused tee'eh• ;.�!r^: �i•, '-O n•�i it -"not peninsula Hospital, e•wiae�Afe il! I �i �'' %Hest '. i•,i+ 'ry � r ''. �li'•7T '•i7r'.t•'•Si/�): •" . J•: 0 t a , {MaOahan 1 ''� �'. • f E,"' 1' r , . �i'x%�� : "i .,, , � ' k.... 1 d "Amends the 9orou h Conflict , yt. 5']i'i'i'1•'.r ,'!Jr'r.. �° 'tE!" !t , ':r • %{d � . btu-'�.�� R t••ol ins}s•ze •'� ✓7,.a �4t.`J r•,/.•y 1 ,. �•.,• ,' i.>~ ., � � - :���,.. •. r, . ,• „ �► ro Otn%fla• to Protlis�t Dual B•Nf1w on the Asecmbiy and. i'r. n::1'i G', :',,;, c%•.. r �a�'' �1 �Y r/'' �r' ✓•: I; !.'� 31/?j� • 1 ' Q • :•Any Borough loara of:0osloolon' .(NoOahan/Garay �i,� %,,' .err' .Itf,'• ,r' �.' �a, %: p ;� r {,G,j' .•.• j:.i.' 'a �• '�'►'/�' , .•1'�S:Q+;�,. .. �ffJlY f�'� !' gh.�,: :t t 4'i�i�lt;�y� lG� �i �'` /• .r. i�� 1.,t °AoMd! KPe L oe' 1NO to 0•I%ns r' 1 � �ft+{`3''•�/ ►�A ii .G. /i "� . rr;� �' +, :1f .. , •"' '.�1�` '�fp 1�. -Alto dpe Nhe Pubtlti .. ,1 r ,,� t y4 r ;i �r! S�Jf �'.. i r yr: i .% . l r f fr.i ,. }-1-q` f, �%#forOY twMb>t �{e�e a se • 1 ,, 1` 'i•a:i!' r<lfr iI, ,iT,t {; b. Pf Sro' ' 1i1,� '•rd.,►.;Y .�•'ty7� '4r.y �• .r�..)SI I; �1 a� Yr �,� 'i Z7 r, ��i u y ,y%5I,•�,;,.71%�r .,�i[Y�f;• 1],}!�1 i�"'••!5 �Y 11i ✓ . J t ,,.,' # yw.'..J! b'• S• 1 • y r r. w,Ywl i� ! fS. 1!, qq •��•.�'' .1rlfV ,�!•'. r If�,x' M SJ'r,.,.� ti/ ,1.�.: { i h 1-ar !,4 +r�''e' +'•. . x'' CON6ID t ON'�ri►'t+,�1?if: F+•JJ';;i.. ? r'{: 7e 1 .. 1' . i,G• r'• 1 .? J•. �•, , ,, ,, j' . 3 rN! fi�.l, gM I OP`�KgBOLl1ltON0•'�'',�`. ;,r..: �• ',1`' t;,':'�,� „j•+, +. :; •�, t�t} �l,r., ,{, r1 •!,r��.;, 1; .¢j p�•'s ,.,s.�►5 •a:f'-'?� ;t:rt' ,,� ' �,�, t` .^ ,.. ,,a '' ,•• 'i. q• •}1+ ],r• i, ,rfy>�t, LyTiy1'�' ••"'':'',, r,' ,7 �./, J' u/: �.`, :!,! ►..'��. '�,R� ��, , ••, a '" rovin h• Qr : sal;�� Appio 8 eaite Poi c'.,{Ib id- PO� h' 4 ), • '' j ,. , , ' ijl .s+• j' �r 4 , • r ,� , S•Lt�; "'�,`. .,..- ,,„'r -,l'y. , �'�, '�R, ..•! '`f4{rr5?�' '•yc Y ;i, •• • '• „•: ,. .f`���;','eG {�;� r.,, �,1,{J,,•,1•!• hr�, �'• :ft•), � �''�` �','',,t;'y 1,., v,1;�+�' �• 1ja, „ ,a,� f`.,r'Si tp' riYr,lt 1r;•�,''i ,K ,i""t •t�;;lb�i. Requutln9 the fourteenth Alaska b e!e 1r. 1� '',r YYYj�y� +y , '6. ��•i :' ,,• h .'•'„ 1�K f , "'A, !• ;y '�►1�'4, N. 1110h tan Na e a special 0 ria ! '�i , f�!ha,4.Y t �..,. •t On Of i . ,t kk AAm�pp Y•, X `, 1• 1 '..`l+,/P , 1 ry` 1, � };�.a,„. ;,. +; Great in the Amount of e67S000 ee ib•PfueOhau of �'a !!r%j% , t' � '�f��•, "'l,' ` ; '•1' `' f / l.: "'`' • �'T' ► " .' Yi t and '' ' ` r ` r.+ V a:., s•: r ;, �< PiretightiaR e9 towaotnieations Equipeen ;t ? d /,, ; S�"'% „'' •r, ;s',': .?;, rr.; � jr,, t{ INK 1•.v'i ;: ; ,, .,, , r 1• i G.• % ppe�ona tr, f ''•'� • .5 r`.. K'.d(.,';�'!'%1' •''�tn�•�',�, ', t; ,i , r ,,,, / �l' it • %i''+':'t ,; ►Sr. Y', 150,'J,.',• .. ; ;and for COneCrttOCson•of fsrofsehe ns Paast ties t •, 1M !� ,� y .?'' ,r {�y1' �{ r �. ! v : the snsk Pig• 6e. ,� rb a i- ,54 f ,• A!•' r, r �• I � } , rest. �j';',s M7! 'f'�'!'f,.n'� �t ! • ' {7/ '�F•� 1,r/•n K•Iite Y: rylee.Area ,: $Mayor?! o .. J;i f ;.h•'ire •R `• /b'' r; T"��J'/7: r, 'f' .w+ ,.. 2 f .. •i'!;.•'1M " ' i\rl' A:�. , hf r N: i� ` 471, ' /tii '•Y•�' �: �,`V•1r1 t• "1'''c.tol to $u or of eft rt i / r y1';',•, 1. ,Y`� i, '.;! t, ��� A � •'eo Pge1111eat the N eh,r •r �ti ,�j7.�55, ,id,,, l`;,,. ✓ :�Cy'%�i]..t''(�."y, Al.,�r '!,''Nr• :v ept"130 l :ka�,• O.�iga, etopkp ,�er771j, ua> ,, ,r J r� f �S ; , : G ' ; 4 +, ' )) , _ f: t•1 r yy/ ,,/f fr ,., ,('r.,Ji: l py. b•i/•�j A �• 1, ,� 1 (i i.>?Fj , ' ,� r S " '� •1 i W t P DINO '7y!,. ,]', .!, . '�j1,i i,. ,Iy9:� r s!'1L. �+'... Jy ;"1.',r,►'�.� ^Y/� i1'!.'J 7 /�: :k �� 7! , !,Yi.S.''''� /�'.' .5'•, %�' EE��11 LEOI$MT .. are:,` lir�ai]'±. , ,► (r%�� ,.., y.J�',.:•r ..y,�' h` lTAia newt 1!a t ! elon !ab wst! b• :1:: ;` t, ''� �,+�. + ,.;. to eels addressed ✓ y 7 S 7 lAi, v.l 1. tw• �( �',t. ,. �i . Y 4 i !; ,/' +,'i at a large Cis a t.aet or action this sea ..��% ',d 1- w+i'Yr'�r? '4 •, +�''l',�f°�: r 1y1�,.. ,r tine / ,� 'f •:1, . i' �' . , . ; � 1 rt• :. •' �. . ;]•5� :I°�t1M1 ,1.M>>,/•r!'r']t✓; �r.• ll,�i�r I„s' •.r. Sy l,.r'; .C'.40.- Ord. 85-76 "Anondin We 4 30 02 �f `''�' Y�6 ;,r.+..11' Ti: r , ,•)� ; , t f' 0 R• agdin r rr • ;,L, f '`'�1•' ;• �a,r R•eidenOY R•quirewt•$ato for Candifetes for 1OuBnn' '1 :1'``� Ass"bly and Bervice Aga eeagde 1912iakl: PIT.,f•4.86 • t `1d,j .','' G,ti�lj,';1�1. „r • , " � p .' %fir;!;.;, .,_ 1 'i' j►/`'' + b'/ tl P „fir+t r ;ir t/ vf�""' •f:r�;iS'" ] 41ry ,;; f ';' •1;5' �i�:;,,,.,+ •t•;r' ,�s.� 8S•79 Laaatln` 'a Nov Chapter 14.06 to the for s , , } Cod• Setting Miaizlai 6 Aaae t111i,u ,u' + +, �. 4,' '<,',•.i /'•y7r> •'' ' ' c} z oe Mods to e• QQ1 Into the "I Road Maintenance BYot•o'�(Otickl NEAR i•�$r�5;� i'•..�,.. I l• A, ' 1 , ao). Ord. 05.60 le uiring Pgoperati and Dlatribue a rtrig+,.',:'4>i i1 r j,q infoometional �rechuroe for eatlot;Psopesitiona j '' '' �, .: �' :•, . ' �� =f iF f.� 5 �. �. r •,.. ' '.:JR', a ,+r.i•.,410.'1 1 Di=! P ti I J`,S^ryi r % : yI i 4 ;,.i »:• { akf POSTPONED To .. .y r,.1 , ,! ':l T ' 1. "; ; : ;f, - u /� ,r• r I• 1,,. �. r r, C yr, 7 ,v r'• . rr !dl' Rea. 65-161 "ApprovingR the Terms of ebs A8r•eeenC ;, v1 i'i,• `c ' , 1, ' Florence and L . ,;., i «.9i•'i., t5 'y i.:...r.. l r. .�. •, r/; / y t� Between .'' ovr•nes Laneashlr• and the '].. � r,'�"'''• „! •;:,;., i 'r!••r ,,, rt : 'r 1' Kenot Peninsula pow ou8h for the Acquisition et .r• °':..ts• ''IF{'i ":r .. ; .'!r i•!'` , +.:'„�; Rs6bt-of•MaY on $port Loke'1Road!' {I�ayorl POSTPONED ' ;'':•j�°i✓ �i.<< .?+' t, ' ;';' i' F.'� j ►, i ' j`;r, ` f CITY OF KENAI „Od Gar" aj 4"„ $10 FIVAL 0 KINAI, ALAOKA $poll T"WHONl903. 7636 MEMORANAUM FROM m Rooere. Attornny Y`:..4ty of Kenai TO$ File DATE: December 5, 1985 REl Fred Meyer On memo date a telephone call wee returned to Roy Whitman, Fred Meyer Vice President, 503-232-3288, extension 2250, in Portland, Oregon. 0 "" Mr. Whitman communicated concern over rumors that had reached him as a result of telephone calls from newspapers and real estate Individuals that in fact Fred Meyer was pulling out of the state of Alaska and that they would not be building in Kenai as ` required by their contractual relationship with the City of Kenai. 4 He indicated that he wee aware of the terms of the contract requiring construction completion of the facility on City lands and he further understood that while it was presently a lesee, should the property be purchased that the conditions of construction would be incorporated in the sale documents and that at this juncture, Fred Meyer categorically denies the rumors that are being circulated by various quarters and that it is, in fact, their intention to proceed as they have to date pursuant to the terms of their contractural relationship with the City to the :;•y� timely completion date which is stated in the contract documents. He indicated that he would be moot appreciative if the content of this telephone conversation were relayed to the City Manager, ' Mayor and Councilmembere, as well as the public at large should the City deem that appropriate. ' TR/clf A� Iry. i TUX ALLMAN P.O. Box 100100 / Anchorage, Alaska 88610 / (007) Dear RDC Member: ;� �'�hF 4 William Webb — Presldent1 Arctic Haiti. Inc. Due to the expected early sell -out of Meet Al as ..1911ell! 6'r we are extending an early invitation to Alliance friends and Am Curtis — Vice President supportersd January 16th at the Egan Center is the date and CMWWMallime0wretbn place to obtain essential information for the coming years of ChuckBecker— VicePresident all Alaskan business people. Brown A Reel. U.S.A.. Inc. WAOman— secretes Our theme for Meet Alaska 186, "Oil, Water and Palitics..How do Perkins Cole they mix?" will be addressed in a variety of ways by our dozen Vdmolyneua—Tram or more speakers. Confirmed speakers at this time includet Veoo, Inc. MI110Vd—Director William Ruckelshaus John Kemp China0011aoe Former Director of Environmental Manager, Alaska Operations jack Thompson — Director Protection Agency Conocor Inc. Air YennonhAmericee Harold Heinze George Nelson ToDow —Director President President NANADevelopment ARCO Alaska,' Inc. Sohio Alaska Petroleum Co. Cale Conan — olreotar PriaWalemoaee Commissioner Esther Wunnicke Ernest Espenshied I Goodrich — olreotor State of Alaska Manager, Alaska Division UiRdiveTravel spies Dept. of Natural Resources Chevron U.S.A. Sol Newkine—Director Robert Stiles Larry Merculief ' AMnkePacific Beneorperelkn Vice President Operations/bevel. President ANNHwy —Clreatar Diamond Alaska Coal Company Tanadagusix Corporation WAukuha AIUM Corpontlon Deny No►inwo — DMectar Larry Smedley Holden, Neekney6Nolmon Area Manager -Alaska Operations JoeMathia— Director Exxon Corporation Universal Bar wnl Inrl, Inc. MickMoCfeln— Director Other speakers have been invited and confirmation is expected colistecorotrnatbn soon. We'll keep you informed. 'I PoirmRumley— Director Seating is assigned to insure a mix of oil and mining Be►IIh,ROM aowinil executives, government officials and support industry personnel Lowell shim — Di►ectry enabling the sharing of ideas and to "Meet Alaska." Early PAW Oak ofAluMa registration insures best seating. C. Lens walker — Director ProntierComMlesolAbeks Feel free to call Kathie Tuttle at the Alliance office if you 00Black —Director have any questions regarding Meet Alaska 'e6. Looking forward Price/CIRIConstnrolion to seeing you there.. Sincerely, Michelle Fining Exeective oftlor I Administmive Aslkrtaet Ann M . Curtis Vice President Administration Chairman Meet Alaska 186 Alaska Support Industry Alliance ... for re W$Ible eoonomlo demlopment ; N 5 r.hlpo-it "CHRISTMAS COMES TO KENAI" was a huge success thanks to many people who helped in the ,preparation and during the day'a events. THANK YOU to the following for your generous assistance: Glen Jackson, Peninsula Clarion, Art McComsey of Fire Control Systems, Tesoro Alaska, Kenai Merit Inn, Peterkin Distributing, Kambe Theatre, Kenai Air, Kenai Fire Department and the Kenai Public Works Department, and Union Chemical. Also lending a hand were the Kenai Senior Citizens, Viet Nam Vats Clown Squad, Dottie Krzyxanoski, Lorraine Rudy, Linda Payton and Bill Phillips and the FAA Control Tower and Flight Service Center. Again, THANK YOU and we shall see you next year with a bigger and better fire works presentation yetl Also, if you didn't notice, Kenai has many talented residents with great musical abilities as was evident when Lt. John Ptack of the Salvation Army lead us in Christmas carols and a special presentation by the local Non's Barber Shop Quartet, ALASKA TELEVISION NETWORK/KIMO TV have signed an agreement with the various local Chambers In which they will provide a special package for advertising to our memberships and in return, for all those who participate in the program, ATN/KIMO will match up to $50.000 In advertising time for the Chamber to promote our local area. We encourage you to parti- cipate and if you have any questions, please call the Chamber office at 283-7969. BOARD OF DIRECTORS ELECTIONS are now over and our thanks to all those who expressed an Interest in your Chamber by allowing their names placed in nominations. Also, thanks to the over 185 members who voted and supported the candidates. The elections results have been tallied and you have elected the following for two year terms on the Board of Direc- tors: Ron Malston of MALSTON'S; Jim Carter, Retired FAA; Glen Jackson, retired TESORO •.ALASKA; Royce Roberts of ARCTIC PIPE INSPECTION; Walt Craycroft of CRAYCROFT PLYMOUTH- CHRYSLER-DODGE; and, Harold Dale retired from LEO OBERTS INSURANCE. BEAUTIFICATION COMMITTEE will once again sponsor the Annual Christmas Decorating Contest for those residences and businesses who prepare for the Christmas season with outstanding Christmas decorations at the exterior of their homes and/or businesses. Please call the Chamber office (283-7989) if you wish to nominate someone. Judging will be done on Monday. December 16th. MEMBERSHIP BILLINGS. The Kenai Chamber office will be sending out 1986 Membership Billings in the next two weeks. We ask for your support and sincerely appreciate all the assistance this office has received from its membership. As you will note when the COME TO EACH WEDNESDAY LUNCHEON AND 892 WHOSE NAME WILL BE DRAWN IN OUR FIRST ANNUAL CHRISTMAS DRAWING. TICKETS ARE AVAILABLE AT CHAMBER MEMBER BUSINESSES. SIGN UP AND WIN -- DECEMBER 4th - $250 Gift Certificate; DECEMBER lath - $250 Gift Certificate and the GRAND PRIZE OF $1,000 Gift Certificate on DECEMBER 18th. December 4th - Representative Mike Navarre "Upcoming Legislative Session" December filth - ARCO Alaska President Harold Heinz "Oil Taxation" December 18th - CIRO President Roy Huhndorf "Projected Activities on the Kenai" NO MEETINGS SCHEDULED FOR DECEMBER 25th AND JANUARY let -- HAPPY HOLIDAY TO YOU ALL1111 NOTES The Kenai Chamber Office will be closed Christmas Week - Dec. 23rd-27th 11 - - -- - -- - - - ---- --- - - a �� s N F-o -,s' KENAI RIVED SPECIAL MANAGEMENT AREA NEXT ADVIOURY 0 Comber 11, 10100 a.m., and I/ necessary, December 12, 10100 a.m., BOARD MEETIN(Is Borough Building, Soldotne, OTHER MEETINGS SCHEDULEDs Agency Committees December 5, 10100 a.m., ODOR, Suite 1059, 8601 C Street, Anchorage. Guides Committees December 9, 600 p.m„ Borough Building, PLANNING UPDATEs Lands Comml least December 2, 9, 16, 200 p.m., Clvll Defense Room, Borough Building, Saturday, December 7, MOO a.m., Hospital Conference Room, Soldotne. Social/Recreation Committees December 5, 12, 6t00 p.m., Borough Building, Permits Committees December 2, 9t00 a.m„ Army Corps of Lnginoers. Anchorage Regional Branch Conference Rooml December 11 and 12 Immodiotely following KRSMA Advisory Beard meeting, Soldotne. The Docomber meeting of the KASHA Advisory Board will include reports from the guide Commit- tee, Social/Ascrentlon Committee, permits Committee, and consider the recommendations of the River/Fisheries Committee. So that all agenda Items will be adequately addressed, a second consecutive meeting day has been scheduled, with the meetings starting Wednesday, December 11, at IOt00, end If necessary, continuing Thursday, December 12, The recommsndstlons of the River/Fl6herles Committee (reported on at the November Advisory Board meeting) will be considered for acceptance In the December meeting. The recommends• tlons of this committee will than be posted on to other committees for further development and revision, The Social/Ascrestlon Committee will Introduce the final section of Its report. This section of this report will address the need for recreational facilities, additions to the KRSMA, Interpretation and education, law enforcement and land acquisition, The Guide* Committee will also present Its recommondstlons at the December meeting, The recommendations address the permitting of outfitters, management of Commercial activities, recovery of KRSMA commercial use lees for the funding of now recreation facilities on the river, and Insurance requirements, among others. The permits Committes will repot on the development of a streamlined permitting process by government agencies for proposed activities along and In the Kenai River, Tha Committee has dovolopsd an activities matrix to make the permitting process more predictable to a poten. tial appllcont, the matrix addressee activities In wetlands such as housepods and drive- ways, and In•rlvor activities such as boot romps and bank stabllisetlon. Copies of the reports and/or recommandstlono of the marious KRSMA committees are oval table from the Division of Forks and Outdoor Recreation Kenai Area Office, Box 1247, Soldotna,.�,_ 9966 ..and the Southcontral Region Office, pouch "Of, Anchorage, 99SIO. l•74, Alaska Division of Parks and Outdoor Recreation. Depnoment of Natural Resources, �i e Li In cooperation with the Kenai Peninsula Borough, '-: Please place my name on your mailing list to receive the Kenai River N.M.A. Newsletter, Names P Addresas Cut end mail toe Alaska Division of Parks rind (lutdoor Recreation, Kati River Planning, Pouch 7001, Anchorage, AN, 99510. Anchorage 265.4511 Kenai Area Office. Box 1247, Soldosns, Alaska 99669. Soldotne 262.5501 y 4 ' X:AlrO - 6 CITY OF KENAI %Od CapiW 4 4" TdLQPiIONd ae�t • 7eae PIIRI Tr NnTTrF The Kenai City Council will hold their regular Council veetinge an Jan. 81 1986 and Jan. 22, 1986 at 7100 PM in the Council chambers. Because of the New Year'e Day holiday, the meetings will be�moved %forward one week. Janet Whelan City Clerk DATED: December 9, 1985 f , •s i ar I .f_--Vv- -R ; :November 1985 sponsored by Alaska, Pacific S Resourcet. -���• s ivv sew azg3o3t•*3�'e PAID e E� Anchorage. 7k 198g PmnD N37 ADDRESSDE REQUESTED Mom FoUpOueanteekFIy IV4; J�yPY!!�� FI. Wagoner Ci1:Y•o* Kenai 216 Figalgo u_._ ww�•.. HanAnoi. wn Jaw • Resource Development Council for Alaska. Inc. Pp. Box 100516, A�Qe, AK 99516 Crisis In Resource Production: Can America Compete?.,..,.....,' The Resource Development Council will bring Alaska's comppeettlI- five position In global resource production to the forefront at Its si i Annual International Conference on Alaska'e Resources February 12-13,1080 at the Anchorage Sheraton Hotel. Entitled, "Criele in Resource Production: Can America Compete? and Alaska'e Competitive Position: Public Polley Issues," the confer• ence will open with International experts addressing such subjects as global politics and minerale production, Aeherlee and the 20mile limit, wood products as a worldwide commodity, the profitablity of agriculture and the new world view of petroleum and coal. The main focus ofthe two-day event will be on maximizing oppor- tunities, assessing Alaska's competitive position and highlighting public policy laws$. On the second day of the conference, speakers will consider recognized contralnts to Alaska's development and options to Im• prove the atate'e competitive position. Presentations will focus dl• rectly on the costs and benefits of Industry Incentives, building re- source transportation systems, the impacts of land use policies on development aW atry competitiveness.ctsogovernment decisions and reguls. Specialists Ineconoft development will also relate experiences and provide direction for an Alaska strategy to enhance the states economy. Additional presentations include "From Rage to Riches: A strategy that Worked" and "Alaska's Economic Priorities: A Five• year strategy." The conference Is designed for senior executives of Alaska businesses, Alaska government officials and state legislators, reg• lonal and village corporation, officials, executives of national and International firms with Alaska Interests, state and national labor leaders, potential Investors in Alaska projects, suppliers of equip. Alaskens...Working with Alaskans to Improve the Yi�$ii •t• ..•r. .s�• f� Aloft Mal, evoWgsupplyanddemandpaKems, w/Nbeexamined at the sixth annual RDC aoderenae which la designed to assess MOO compeNNve poslNon In global resource production. ment and services and community leaders, The regletratlon fee for the conference is $195 for those who register before January 1 and $226 thereafter. The fee includes luncheons, conference program, educational materials, coffee breaks and heated receptions. A special rate is available for full-time students. For additional Information, write the Resource Development Council at Box 100516, Anchorage, Alaska 00510 or call 907.276• 0700. of life through sound resource development. fake precedence over other national goals. Moreover, the Na- tional Park Service should admit Its collective embarrassment 9 over having proposed the regulations In the first place and get on with managing the parks. That means not concerning Itself From The with controlling resource production that supports national :. priorities taking place outside the parks. Executive "How could you be so unsympathetlo to this envlronmental IF issue?" some might ask, To those 1 would say, "It's easy. ire d.:rrLlirector bemuse I have common sense.When the national parks and wilderness areas were created, By .00nsoim decisions wrepore made to draw their boundaries large Paula P. Easley ' ?r i.ro be pinso ned upot the n by aothdtieses for s on noch n-park lare Ws. Thatated old es +c -a amioie policy, Oat n wean s enougn. "f.- We now have state regulations In effect which assure that n "adveree Impacts to vWblllty within boundaries of national parks Integral Vistas and other federal Cuss I area are permitted. The regulations Analyzing Issues of potential importance to Alaske's economy .-.'v&o require elates to sum whether existing sources cause Is a challenging responsibility, one we take seriously. Knowing vlsibiRy Impsinnent, and tt they do, the states can which issues are developing on the public policy agenda — and + a;roquire they be retrofitted to remedy the Impairment States ON monitoring them —IsmadeeasierbyourinteractlonwllhlndWu-�oteoroqutrethatnewlaollltyottelocationabeohanged,downsized ate and groups throughout the United States. Many of these '-.or not constructed at all. :.� • , •: w Rene are deeply concerned about our nation's growing InabllIV . • .;;,` W1ll_o what we have Is an implied policy that says your right to to maintain a strong industrial base, to produce food and fiber, '<l 4; In a park or wiklemese area and not see a plume of smoke to explore and produce energy and minerals, and to achieve ' i F"ta00 mites away from the park is more Important than the right finnySbded national security objectives. Others have dHterent sot others 0 produce raw materials used by ft Bann priortes, . ;, ';e.+:. : ' , f, ;,a< ��;:W1.'Y�walking In the parkl R's apt ���i•; ° f As a nation we arc committed to clear air, dean water and a �r :afiero arc Some statistics We quote In ROC'i pol�oy statement sate environment We are also committed to providing jobs for ,},.pn minerals and materials that are of importance t0 thb disaue• the people of this nation; but we are less and lose able to support ; :Non. Every American requires some 40,000 pounds of new min• those who don't have them. annually. The average newborn citizen requires a INme Sometimes our priorities get really murky. Take the matter of-g,supply of over 1,050 pounds of food,1,760 pounds of copper, protecting 'Integral vlbtes," a buresuoraffo tern for the • „ 1,0tf0 pounds Of zino, 4,668 pounds of aluminum, 91,000 pounds panoramas and Widmarks viewed from the nation's parks and .. of iron and steel, 360,140 pounds of coal, and 1,337,000 rids wildtlmtlaa area. .. ;' - of stone, and, gravel, cement and clay. :.,�it:�'". ��'�•: Webs followed this boo since 1980, hoping R wou10 4� UMortunatetythesemacerialedon'thavetheluxury choosing pear over the horizon like the views R seeks to protect Integral where they will be found. Sometimes they are indeed within Oros . ulna protection would Ideally assure that 0 you were standing at ortWo-hundred miles of aconservation unit. And, he, sometimes onobseroationpointinanationelpwk,youcculdeoanthshorizon they will be viewed from a distant "Integral vift" iw as far as the eye could see and root have that view "destroyed" The National Park Service would like more control Over panne• by, heaven Wild, a plume of smoke from some useless Industry Ling outside the parks. To allow that would result in confusion, ouNide the park. :s• •: _:. r ,; confrontation, uncertalnry and costly litigation. fienhas neverbesnaspsckofdebateoverwhetherIntegrei . The industries that support our nallonaleconomy and priodties ,vials protection should be a national goal or whether R should oan do without such "help," thank you. 401 Resorrroe Oswlopmsnt counelt, iris. TM Restive OevslopmeM Connell (RDC) 4 Alesks'e 18rgep prlvltely lorded nonproln eomamb dsvekipmem Orgenlsetion working to develop Alaks's nebrrol resources In m orderly nrenner mo to seats s brad•baed, dhronined economy wtxle proteeeng and enhendng tiro emnronmem. ROC undies members end the general publkt to Ae wally broomat mooing learwo local end nadw elydmown veakers on some one resource do. vebpment Um. The meetings arc held on Thu* dsys17:30a,mr inthe ftftmUghts Inn, Rearvs- Ibnsors requatsd by ailing 278.0700. bogovs commilm Oman Ptalderd .............. Charles Webber Via President ................ Jahn Foa ae vke Prosldent ................. Tom Pergola 8eaetay ...... , fiord Browdeld Treasurer......... . . 8heibv etasmy PatPresident .. 1. .............. ono Frey SI M Exec rove 01fsctor ............ Paula P. Ealey Ospuy Olf aor . Becky L Gay PPuabbll O Relstkxn Oireew ......... Carl P~ Research Coordineler .......... Larry Msyden ROOM CoordiffiW ............ kt Abbox 810 AM M . r ............... CUidy Jordan Msmbenhip Relations Oboes ..... Lynn Gabaef TM ROC boom hoo*aRere ve looete 'at e07 G Stae, Suns ZOO In dswMown Anchoregsr Page 2 / RESOURCE REWEW / November 1985 Resource Rsdsw U the O&W moMhry pubilwon d the Resource Deve"MOM CNN' Box 100510, Anchorage, Aletlu 99510 — (W 2784M, MON In ere pubgestion may be repAMed whhoui Permission provided sp"Oft aedd Is given, Cad Portman Editor a AdveNsirrg Manager For sdvsd 81ng Im miadon slid sp Wal rates, ooribo- ced Podmm st 210M. Rama Rwlsw enooureges xe readers WON OWN, enrrounoemeMe 801e011 to the ednor far publkauon, Send all Wroo o were to Resource Develowend Co", Resource Review, Box 100516, AncrWW. Alaka 98510, ®.m �.n SO �4 .4,_.. Wouldn't it be wonderful Thoughts One of the pressing Issues today In Alaska is exploratory all drilling In Bristol Bay. The Southwest Alaska bay has long produced from the a fishery resource for the QIh elate that is second to none. Now there Is evidence of substantial quantities of all in the same area, President and the fear among area residents andfishennen Is that oil develop. ment will occur at the expense of the alreadymestablished fishery. . Wouldn't tt be wonderful I we as a state addressed the problems g ;.: y of fietary and oil development conaems In a way that provides Charles R. Webber reasonably sale assurances for both to move ahead without tear of future disaster for either. Such leadershlo must be broucht Into alav In our elate or we may find ourselves straining our economic future unnecessarily and at the expense of all Alaskans. Harvest Supper features Alaska grown products The menu featured tossed reen salad resented by their aides prime rib, boneless pork loin, mashed ROC members who had participated in a potatoes, cooked carrots, bread and butter recent tour of farm facilities also attended. plokles, fresh-chumed butter and dinner rolls. George and Mary McClure cooked the din - This special dinner combined with a rich do. nor while a host of energetic Future Farmers evert of carrot cake and laety Ice cream, al. of America served beverages and dessert. tracted some 180 Alaska farmers, legislators Paul Huppert, owner of Palmer Produce, was over 1ti0 guests at the Harvest Supper en - and friends to a special harvest supper at St Michael's parish hall in Palmer November 8. Master of Ceremonies. All meats were processed by Mt. McKinley toyed a least o/ Alaska agriculture and dairy We in Palmer eedler this month. Joe Jor- Sponsored by the Resource Development Meet and Sausage Company. The prime rib den, right; DlsbiotMsnagerolMordsorrKnud- Council and Alaska Fanners and Stockgrow• was produced by Dennis Green S Sons while son Englnes►s, discusses recent advances in ors Association, the harvest dinner featured Herb and Jackie Simon of Little Nelchina Alaska agdccrllure with Pat Mulligan o/ Mullh all•Alaeka grown and processed products. Farm provided the boneless pork loin. gan Farms. Even the hors d'oeuvres, including carrot oticke, deviled eggs, premium hams, beet and Gene Jenn of Totem Egg Company pro• vided fresh eggs for the supper white the car- lights Dalryof Delta donated the ice cream. pork hot links and reindeer sausage, were produced In Alaska, rote were supplied by Paula and Jerry Glauqueof Gold Nugget Farmsand Brian and Table•seti ngs were accented by fresh flower centerpieces created by Mann Leiser The home-grown supper brought together pioneer Alaska farmers with a new generation Karen Laughlin of Pioneer Processing. Ber. nice and Paul Hu pert and Joyce and Jerry farms of Alaska Greenhouses. Long-time fanners and agriculture of Alaskans to celebrate a growig Alaska Huppertof Suite supplied the mashed powes. specialists attending the supper Included Palmer Mayor George Carte, Mr. and Mrs. harvest of agriculture products. The dinner menu illustrated the diversity of the harvest The fresh dinner rolls, cooked by Terry Crowther, Marsha Melton Don1eDonatelgo, and the Industry's potential to teed Alaskans with a wide variety of high-quallty products. Weiland, were made of wheat produced by the Palmer Agricultural and Forestry Expert- John Nash, Tom Williams, Irwin Flow, Bill Purpose of the event was to highlight con- tributions of the agriculture industry to meet Station and barley from the Plant Male- vials Center. Marsha Melton churned cream Longeneker, Mann Leiser, Terence Welland, Bob Havemister, Louise Kellogg, Stan Davis. Alaska's economy. from Matanuska Maid into bowls of golden Robert Mielke Paul Huppert Ray Oepreist. Bill Hoskins, Harold Stephan and Tony Vic - Legislators attending the dinner included butter while John False offered honey. karyous. Representetives Virginia Collins, Roger Jan. Homemade bread and butter pickles were tans, Mike Szymanski, Ron Larson and made from cucumbers and onions grown by Tim Kirby of Safeway stores attended Katherine "Kefie" Hurley. Senators Jay Karl- Barbara Holmes. along with John Seawall of Matanuska Maid tula and Edna OeVries also attended. Other Fresh white and chocolate milk were pro• and Ed Crane, President of the Commercial legislators who could not attend were rep vided by Matanuska Maid, and Northern Fishing and Agriculture Bank. November 1985 / RESOURCE REVIEW / Page 3 r 449....tr_v. •....y.. .yF4 It. fis National perk hrWao will ello w eddlflonel publlo comments on management plane /or nine Aleske perks and monuments The Anlekchak Naflonel Monument and Preserve Is pkfwed above. NPS extends comment period on park plans The Netionel Park Sent It cad Park Service says it's "making every effort" to reopen mining in parks 'The National Park Service le making every effort to allow environmentally -sound mining operations to reopen In the national parks, " according to Boyd Evison, new Reg. tonal Director of the National Park Service. Mining operations In Alaska national parke aiw yrvo 6990 "gigVIMVIvv vow j w WWIFederal lttrlot court order, They cannot reopen until they are brought Into compliance with the Mining In the Parke Act and the Na. tonal Environmental Polley Act. Evison anticipates permitting environmen. tally -sound operation next season. He sold minere can help by submitting high-qually plans of operations. The plane of operations, which Include detailed environmental reports, are required by each miner to obtain a permit to mine in a national park. The NIPS is Issuing guidelines and sample plane to assist miners in preparing the plans. oe esennoun ltwillreopenpublicoommentonmanagement Wrangell -St. MISS National Park and Pre- plan$torninenstionalparks, monumenlaand serve and Yukon-Chadey Rivers National preserves In Alaska. Preserve are exception. Forthese parks, the The perks, spanning some 40 million court ordered the preparation of environmen- aaes,doubledthesiseofAmerica'spark" tat Impact statements on the cumulative Im. tam when they were created or expanded by pact@ of multiple mining operations. Congress in December 1080. Congress gave 'Wye have petitioned the courtto allow min. the Park Service five years to write menage. Ing to continue Simultaneously with the prep - ,it ment plan for them all, mn"of Me onmental Impact State. In an effortto meet the Dsoemberdeadline,ente sold Evemil the Park Servin released the nine plan simultaneously last spring for public com. Am Anks, Executive Olrector of the Alaska Miners Association, said he welcomes Park ment. The ONay comment period was ex- tended to 120 days after Alaskan with vart• Service action that would allow mining to resume In the parks next summer, but onintereetscompldnedthMnotenoughtime was provided for Sufficient Study and com- cautioned that government guidelines and sample plans are based on large-scale oper- ment on the lengthy documents, The Park Service received about 2,000 eton in long-established, mature conserva- ton units in Southern States. He charged that wrhtencommenteandthousandsmoreverbal Comments at public hearings held throughout the Park Servicemodelplanledesignedepec- lticeliy for the Lake Mead National Recreation Alaska. The Re50utr4 Development council be. Area In Nevada. We the extension Is an Indication that the 'The sample plan obviously pertain to a Park Service has a real tiger by the tell and very ISM04CO mining operation," Anks Mat the federal agency needs to do a better said, "We question He applicability to Alaska pb of taking account of the masawe amount conditions and the ability of the small Mom of public comment on the nine plan. and Pop mining operation most common in In its initial responses to the nine plans. Alaska to bear the costs of such a plan's pro, the Council sold the management plan re. pwd0n „ vest a serious Vend of reWcOng recreational The Alaska Mime Association and the Re - opportunities and Wasson park lands,While Source Development Council have consls• Agreeing that park values must be protected tor hrw►e generations, the Council stresse0 teMly worked for realistic guidelines specNi- callyaimedatemallAlaskaminingoperations, Ihet the plans must not violate ilia rights of not Isrge•ecsle operation in mature oonser- Ihepeoptewholhreandworkonthoaelenda. vation untie. Both orgaftellons have urged Page 4 / RESOURCE REVIEW / November 1985 Z. the Park 8ervice to write gu ldellnes that reflect local mining expertise and the specific nature of Alaske's parks. Jinks sold Alaska miners Stand ready to assist the Park Service in developing regula- tions that Indus can realistically meet. WNh- ,Mrr, � w�jr�rwr,i vffv,�, rhhl,w,~i, yYw,Wii whether the Park Service will be able to take the necessary action to Inure that mining can resume on valid claims within national parks next summer. "Education IS the bedrock upon which our sconomlo and social structure and growth rears. It provides an Individual with the capa- bllNy to peruelpate effectively In our economic, eet and cultural systems. It permits an indi- vidual to break economic, social and racial barriers and participate fully In our society. It is the most Important gift that can be given and the most Important capability that can be acquired. Education Is essential for the Indi- vidual and for the United Slates, 0 we are to oompete successful ly In the Increasingly com- petitive worldwide economy.,' — Stanley Pace, Chairman of National Association of Manufacturers and Vice Chair- man of General Dynamics Corporation. "The group able to sustain No attack over months and even years enjoys an immense advantage over op nerds. Without active members, money, time, Skills, pdonce and especially dedication, an Interest group has little chance for government action on Its be. half." — Journal of American Insurance No. 3, 1884 reprinted In Association Now, "Had the extreme environmentalists, the laity and priesthood of fundamental eviron. mentalism, been active in the 18409, there would have been multiple streams of wagon train backed up from St. Loins, Missouri to Bangor, Maine hopelessly awaiting approval of their environmental Impact statements." — Robert "Orion. U.S. Bureau of Mines "If we developed all the major prospects In Alaska, we would Impact lose land than IS covered by pavement in Anchorage." — Jim Anks, Examillve Director of Alaska Miners Association. •----Ww- -,. .:,:a � • � • ... ., '.:o4y; t .: f;'• ' . . ., ..�,�.....—! � , , r M;�,��.P lc!'li.t ;t :!".t• 'gr..R�r;.. �. �• "• �ninf •Ma�Tto,h�ies �la�r�tr �aittraw� fntatlfr . . •v='i6�'� i'•`S'�' � . V ��� � •• rM�/� �Viri/��I MM�� � iM� ��� rV M� � , , ., N late October, the Resource Development Council and the to the state economy. NOR Department of Natural Resources sponsored a tour of At left, tour participants, Including RDC International Trade the Point MacKenzie daryNyy farm pro W. The tour Inhoduced RDC and Industrial Development DhAeion director Larry Dinneen, no - members, legislators and aft to both the reality and the poten• and from right, visit theTuoker Dairy Farm. Atrlght,vlellingguests tial of dairy fanning In Alaska, and to agriculture's contribution wiMeseedthebIrMofsoal named"ROC"Inhonoroflhetour. RDC holds fourth economic workshop, offers overview of strategic planning The Resource Development Council held late economic development In their areas and h fourth Economic Development Workshop the cost of each pro)eat Participants acting ember 11 In Fairbanks. as legielMors, then lobbied for and "funded" `The workshop offered an overview of ceAaln projects based on criteria they had strategic planning and problem4olving for approved earlier, local communities. The oneday event at• tonded by urban and rural community olUele, was moderated bythe RDC's executivedireo• tot Paula Easley. ` Alaska economist Bob Richards opened to wokehop with a presentation entitled i "Packaging for Community Progress." Perry Eaton, provident of the Community Enterprlse Development Corporation, reported on "Economic Stabilization with Guaranteed Employment for Rural Alaska." David Nofman, former mayor of Ruby, focused on i "Building Stronger Local Economies." In the afternoon segment business con. sultant Terry Mahoney, Ph'D, fadl(tated a probtemaoiving seaelon entitled "Carving up the Budget Ple," mnms:nfiy mayoro and - - plermerepresentedprojectethatwoukiWi* MARK YOUR CALENDAR for Resource Development Coundl'e Sixth Annual himn atlonal Conference on Alaska's Resmices February 12.13.1986 at The workshop was held In cooperation with the State of Alaska Department of Commerce and Economic Development Olfioo of Enter- pulse, and the Economic Development Ad - Industry and Education join together to offer energy guide Fhro years ago, educators from several energy relded organizations met to discuss an Important Issue: how to fulfill the need for acomprehenshro, hlgh•qualityenergy educa- tion program for students In kindergarten throu0h high school. The resultofthis meeting was a formation of the Energy Source Edu- cation Program, a cooperative eftorl betwear Industry and education. The program, a series of seven complete Instructional untie geared for every grade level ham kindergarten to twelfth grade, was In. Rioted In early MO. Its goal Is to thoroughly educate America's future leaders end voters about an Issue of fundamental Importance to the welfare of the country: that of energy pro• duclion and use. During the program's thr"ar million dollar development effort the Atlantic Richfield Company, San Diego Gas and Elea Me, and Westinghouse Electric were Instru• mental to Its success. Several other comp panies, including the American Gas Associa• Von and the Southem California Gas Com- ealso helped ilot to sponsor the Energy The The Joint Council on Economic Education, the National Council for Social Studies and the National Teachers Association reviewed all stages of the unit's development. From Nor hopeful beginnings, the Energy Source Edu- oution Council has now grown to include 260 members nationwide. Last year the progarm reached more than one million students, corn• pared to fhe 300,000 students who used the 6 In 1082. In Alaska, Energy Source has been used In more then 60 schools in the Anchorage and Mat -Su School Distrtots since Re Imp ptementetion In January 1984. Response to the program hie been overwhelmingly pool - five, Energy Source has been fully endorsed by both the Anchorage School District and Board, as well as by No Commissioner of Education Harold Reynolds. "The kits are of a very high calibre and have added a great amount to the science curriculum of the An• chorage area schools," he eaid recently, (Continued on Page 0) Nouember 1985 / RESOURCE REVIEW / Page 5 �WASHINGTON PORTR"ff COMMENTS Sen. Frank Murkowski The Cook Inlet Oil Decision With the approval and strong support of the White House, the U.S. Com- merce Department will soon issue a permit to allow the export of Alaska Cook inlet oil to foreittn nations. This is the breakthrough we have long sought in our effort to begin export- ing Alaska oil abroad. And even though the ruling only pertains to the 60,000-barrel-a-day Cook Inlet production, we should not underestimate the significance of this action. This small beginning can be a catalyst to overcome the previously unpenetra- ble barriers to the eventual export of our North Slope oil and gas. The decision by our President is an important step towards unlocking Alas- ka's natural resources. Revenues from exporting Cook Inlet oil can be used by the producers to explore and develop new oil fields. They will have an added in- centive to invest in new exploration because new markets in the Pacific Rim are now available. Thus far, the state's royalty oil - about 6,000 barrels per day - is the only Cook Inlet oil available for sale overseas. However, the other owners of Cook Inlet oil will now have the some option assuming willing buyers are available. So far our office has been approached by South Korean, Taiwanese and Japanese interests about the possible purchase of Cook Inlet oil. The Alaska Congressional Delegation has worked closely together in con- vincing the Administration to lift the ban on Cook Inlet oil, which is both in our national interest and in the interest of Alaska. Now it Is our governor's turn to take the issue and negotiate proposed sales agreements with our Pacific Rim neighbors. When the White House made the announcement, spokesman Larry Speakes said that the President, in making his decision, sought nothing in exchange. However, he noted, "We have made it clear to our friends in Asia that we would like to we them move more rapidly in opening their markets to U.S. products." I believe the President's decision is consistent with the Administration's policy of removing barriers to trade and encouraging other nations to do likewise. President Reagan made a courageous decision because it signifies his will- ingness to do what's best for the nation and stand up to those that have fought Alaska on the export issue for the past several years. His support will go a long way toward countering the national hysteria and misinformation campaigns that have surrounded the Alaska oil export issue. I believe all parties have worked in concert to achieve this milestone, which Is a great victory for all Alaskans. it leaves our state poised to move into its challeng- ing role as a resource supplier to the Pacific Rim. Our work is still cut out for us, though. I understand certain lobbyists and Congressmen are now working to try to void the President's decision. This time, however, we have strong support from the White House on our side. Industry, Education cooperative effort (Continued from Page 6) Important N Is to ensure that youth receive the A group of more than 60 local companies education necessary to form rational and have so for contributed to the Alaska Energy knowledgeable opinions about energy. Source Education Council. Besides those di- SIMarebeingmadstomaketheprogram rectly involved in the energy field, sponsors available to schools statewide this winter. Include hotels, banks, restaurants, travel Contributions to Energy Source may be agencies, office supply companies and even sent to the Alaska Energy Source Education a plant shop. These contributor$ realize how Council, do ARCO Alaska, Inc., Public Af- vital the energy industry Is In Alaska and how fairs, Sox 100360. Anchorage, Alaske 906110. Page 6 / RESOURCE REVIEW / November 1985 Phil R. Holdeworth The main obstacle to the establishment of new buelnIM and Industry In Alaska's caphal city Is the "antwevelopment attitude of a mejorftyof Juneau's population, which Is ppdn• cipetly government employees," says ROO bo member Phil Hoklaworth. HokfewoAh, a memberof RDC'e Exeeullve Committee, has called Juneau home for some 34 year$. Me Salo RUU can help Juneau over• come roadblocks to economic development b� "continually e t Ing govemment's Im• p ementation of statutes to ensure that stated goals are not oirounwented by unauthorM ngutatione or ptennlnp eodvlties." �-•. :. From 1062 through 1960, HoklewoAh served as cite Territory'e Commissioner of Mines. After Alaska was accepted to the Union, Hoklewodh was appointed the (lyd Commissioner of the Department of Natural Resources. While serving as DNR chief Irom 1969 to 1967, Hoklewodh workedoloselywlth the leglelature on the Alaska Lands Act and directed do land seleotions, Including Prudhoe Say and the Setups opal held, gin 1968 Holdeworth has worked se b 'oonsuldngennppinserinminingendlendlesues. Hokisworth has been an active member of RDC since No Inception as OMAR In 1076. He represents the Resource Development Council and others, is legislative counsel In Juneau, Dale Stoats UfMng Barrow resident Date Stoat works closely with the residents of AlasWe far north u mugs uaison and Capital Im. provem�tgPhroject Planner for the North roaming out his responsibilities, Stoat works with residents, viflage corporations and economic planners ad ppAodties and do. veiop on overall eoonomio development plan. Pan of his job requires the SWINy to Integrate subsistence and cash economy considera• tone. Like most Nordr Slope residents, Stofe lure a deep interest in subsidence issues. Hewes Involved In the creation of the Alaska Eskimo Whaling Commis lon in response to national and inbmabortW attempts to IIml subsistence whaling. He served as the Commissionee M. executive director, managing research pro - left concerned with bowhead whale popule. tion dynamics and distribution and interfacing with the mods, conservationist groups and stets, federal and Mtemational concerns. A recent study by the Alaska Publlo Interest Research Groupcl#Ime, Incredibly, that lower world oil prices have affected state petroleum Income but not the oil companies' Incomes. AkPIRG, and a few state lsp[l Ialors, are using Y,o, wpm,"all GIVWIIIV111 III Va"n VI 114iM& Inp taxes on the all Industry. AkPIRG's latest study confirms once again Ib anti -business, anti -development blae. It doesn'ttake a master's degree In soonomlos 10 realize that when the price of oll drops, the owners of that all are going to receive lees Income. As one of the owners, along with the state, we at ARCO Alaska have seen a do. aline In our Income, despite the fact that we have brought a new field, the Kuparuk field, on line since 1081. The Alaska Ospartment of Revenue re• pOAs that gross annual Alaska petroleum re- venues (including both state andindbetry) are 1.8 billion lower In fiscal year 1985 than they Were In Mg. The lower total comes despite an Increase of over 200,000 barrels a day of Kuparuk production. The #fate, to land owner, owns a royalty Interest of at least one•elghth of the produc- tlon In Alaska, and, In addition, levies produc. tlon and other taxes. In fact, right now pet• M um revenue accounts for nearly 90 per• oent of the slate's Income. The #fatale proper response, In the lace of declining oil prim, Is to encourage as much new production as possible, to provide Jobe and make sure Its petroleum Income can. tlnuee Into the future. Levying new taxes, thus drying up the negeeary Inve#dttent capital, bn't the way to encourage development. Since the discovery of all at Prudhoe Say N 190, my company has consistently In• v##ted more In Alaska than It has received In ..s. Tax stability is vital to Alaska's future INDUSTRY INVESTMENT SOARS DESPITE OIL PRICE DECLINE Whlleollpdceehave deollned, (8ee91aphOf left) lnduatryInvestment InAlaska has contlnued to soar (graph at for ►Ight) and now approaches $40 blllon. Meenwhlle, state petroleum have revenues declined only sl/ghtly, (see center graph) despite price drops, because the Induatryhas brought new productlon on line at the Kuparuk held on Alaska's North Slope, Income. ARCO literally mortgaged needy all of Prudhoe Bay in 1088, the state Issued no Ile property in the Lower 48 to obtain financing new leases. Yet taxes were raised everyyear, for Its share of Prudhoe Bay development. even before Prudhoe went Into production And we are continuing to Invest hundreds and before we had any Income from the North of millions of dollars each year In continuing Slope, development at Prudhoe Bay and Kuparuk. In 1g81, when the Legislature repealed the Not only have our revenues declined because onerous provisions of the separate account• of falling all prices, but our operating costs have Increased because of the new facilities Ing method of levying Income tax, we pro - dlcted that a period of tax stability would have we've Installed, the desired effect of encouraging new invest. In addition, we have embarked an develop ment In Alaska. mom of a new all field, the Usbume, due to And that's precisely what has happened In go Into production in late 1086. the last four years. WWf000nduotingapllotpro)ectattheWeet In addition to new productlon from the Bak field, which overlies the Kuparuk. We a Kuparuk field (second largest In the U.S.) and shallow reservoir, difficult to produce, but with development of the Usbume field, we have a lot of oil In place — maybe more than the seen other new fields begin to be developed, plant Prudhoe Say field. Raising our taxes Including the Endicott and Milne Paint reserve Isn't going to help us put that 19M Into produc• voire. These Investments are In addition to gore, the billions of dollars being spent to continue We wish we had more places to Invest In development of the giant Prudhoe Say field, Alaska. For many years after the discovery largest in North America the oil Industry's Investment In Alaska, H �.. _; ; �4,•" ~xt.„ M,,. �; now rapidly approaching $40 billion, has pro• u duced Jobs and Income for all Alaskans. r" -,� •. `'�`''�°��- It's a fact that the destiny and economic well being of the state of Alaska and the oil ;: :� y `' = ' . • Industry are indivisibly linked. Alaskans need T� ,,-• to be concerned about the state's economy/ %ia(r i '� in logo and beyond. The best thing legislators can do to insure a healthy financial future for Alaska Is to come to grips with reduced state Income by reducing state spending. E51'`�r ; `i �t " A stable tax pollcy will provide an opportun• ��• •� •ram lty for the oil Industry and the slate of Alaska " ..� to continue as partners In the business of pro• IHe l/ne dudng new Jobe and new Income. November 1985 / RESOURCE REVIEW / Page 7 J Introduced bys Mayor, Leg. Cmte, Pwks. Cmte. Dates Nov. S, 1985 Action: Adopted Votes Unanimous KENAI PENINSULA BOROUGH RESOLUTION 85-194 ESTABLISHING FUNDING PRIORITIES OF THE ASSEMBLY FOR 1986. WHEREAS, the Lieutenant Governor has advised the assembly that the Governor is nranar4"v h4 a parni tat i�„Aaat air the �� wwwi 1986; and ' '-YrM• ;,sa: WHEREAS, the Fourteenth Legislature, Second Session will begin consideration of its capital projects funding soon after it convenes in January, 19861 and WHEREAS, the assembly finds it is in the best interests of the Borough to provide a prioritized list of capital projects which are needed in the Borough and should be funded; NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the following is a list of capital projects within the Kena Peninsula Borough for which State funds are needed. Section 2. That the Clerk of the Kenai Peninsula Borough shall grovi e a copy of this resolution to Governor William Sheffield; to enatore Edna DeVries, Paul Fischer, Jalmar Kerttula, and John Sackett; and to Representatives Bette Cato, Andre Marrou, Mike Navarre, Mike Szymanski, and Kay Wallace. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS Srh DAY OF November 1985. Betty cvvick, Assembly President ff- ATTESTS anne r n ey, orouL� Clerk e H F , P .l P CAPITAL IMPROVEMENT NEEDS & REQUESTS FOR FUNDING I. KENAI PENINSULA BOROUGH ROAD PROJECTS A. Design Funding Requests 1. Funny River Road Phase I 2. Diamond Ridge Phase II r • wrw ..ram rr- * .... •.r0w� 4. Forest Lane 5. Cemetery Road B. Construction Funding Requests 1. Robinson Loop Paving 2. East Hill 3. West Poppy Lane 4. Diamond Ridge Phase I 5. Ciechanski Road 6. Skyline Drive 7. Sport Lake 8. North Fork Phase II 9. East End 10. Bean Creek 11. Greer Road II. FUNDING REQUESTS OF STATEWIDE OR BOROUGHWIDE SIGNIFIGANCE 1. Continued Fundingg of Bradley Lake Project 2. Full Funding of 80% School Debt Retirement 3. Full Funding of School Foundation Formula 4. Cooper Mountain Radio Repeater - $600,000 5. Requesting the State of Alaska to Increase Funding for Kenai Peninsula Community Colleges 6. Requesting that Adequate Provision of State Trooper Services in Rural Areas of the Kenai Peninsula Borough be Maintained 7. Funding East Peninsula Electrical Distribution Up rades Through the Alaska Power Authority (A.P.A.). Projects Totalling $700,000. S. Requesting the Department of Natural Resources to Continue Development of Kenai Peninsula Park and Recreational Facilities. 9. Pratt Museum - $550,000 r. r 4 III. PROJECT FUNDING PRIORITIES OF BOROUGH SIGNIFIGANCE FOR KENAI PENINSULA CITIES A. HOMER 1. Harbor Float Expansion - $2,000,000 2. City Dock Repairs - $750,000 3. Bartlett Street - Pioneer to Hospital - 1,100,000 KENAI 1. Establishment of a Pioneer Home - 10,200,000 2. Establishment of a Juvenile Detention Center - 9,500,000 3. Airport Runway Extension - 5,500,000 C. SELDOVIA / 1. Kachemak Bav Shuttle Ferry Purchase 2. Ferry Terminal Construction 3. Harbor Expansion and Float Repairs - $300,000 D. SEWARD 1. Marine Industrial Center Rails and Cradles - $2,106,000 2. New Seward General Hospital - $8,000,000 3. New Downtown Ferry and Cruise Ship Dock - $750,000 E. SOLDOTNA 1. Airport Terminal Replacement - $1,392,000 2. Funny River Road Resurfacing from Sterling Highway to 3. Soldotna Municipal Airport - $200 000 Library Addition & 6975,000 Renovations - IV. SERVICE AREA FUNDING REQUESTS A. ANCHOR POINT FIRE & EMERGENCY MEDICAL 1. Requesting an Appropriation/Grant for Construction of a Building and Furnishins to House Firefighting and Emergency Equipment - $850,800. B. BEAR CREEK FIRE SERVICE AREA 1. Requesting an Appropriation/Grant of $50,000 for Purchase of Firefighting and Emergency Equipment C. KALIFORNSKY FIRE SERVICE AREA 1. Request an Appropriation/Grant of $875,000 for Establishment of One (1) Fire Station which includes: Two Pumper Trucks, One Tanker Truck, Firefighting Equipment, and Communication Equipment. D. RIDGEWAY/STERLING FIRE SERVICE AREA 1. Construction of One (1) Fire Station - $795,000 2. Purchase of One (1) Fire Engine 3. Purchase of One (1) Fire Tanker •4. Purchase of Fire Equipment 5. Purchase of Communication Equipment E. CENTRAL PENINSULA GENERAL HOSPITAL 1. rmmn'lat.inr of Rpnnvattnn anA Rxnanainn nnn 7 � n 1 ., M ike AIAGK• C U T 7 nogo . December 9, P1 top 071, 66 ISO --------------------------- ., - C,.9%TATEMENT -- Keith Kornelis Director of Public Works City of Kenai Box 580 Kenai, Alaska 99611 Air ort Main Appron Extention CAD Project No. 85043 Progress Billing thru November 17, 1985 Professional Services Engineer I - 1.0 Hours 0 067✓ 0 67.00✓ Project Engineer - 30.0 Hours @ 057✓ 1,710.00 ✓ Technician 11 - 106. Hours @ W v 4,452.00 ✓ Secretary I - 16.0 Hours @ $28✓ 448.00 ✓ Davis Bacon Rates 2 Man Survey Crew - 12.0 Hours @ 0105 ✓ - - 15.0 ✓ 1,155.00 Hours @ 0105 1,575.00 -0'(Sept. billing should have included an additional 15 Hours of surveeyy time instead of 15 hours of E-a @ 0 -"Hour) (750.00)/ $8,657.00 f/0 ff it Laboratory Technician II - 86.5 Hours @ 042✓ 31633.00✓ Overtime - 65.0 Hours @ 852.50✓ 3,41250✓ Nuke Rental - 25 days @ 0100/dayo& tool•, s rye- ef.4 , Cores - 12 @ $30 ] •K �ep d;�s�.,;,. a;f� Mob - 2,500:00 360.00 Coring 2 @ $60 K. T4wv:q:"OA 6.'r wgN Asphalt Extractions - 3 @ $140Yvm+:`+t%,- 120.00 , 420.00/ 10,445.50 if Wat Total Amount Due This BillinQg 019,102.50 a, N N i i s i - . vlc Gv��G16 SiEB�I���r u:.l�l--1 i a `•: Puu,ia 1harn ---j ] Nty Clark �1 FhL Orlgiaal TOILL -. Submitud tty-1+-�••.s ! Comm ON ONO C3Yas Ck-- n �..-. t 17 M d 0 U&t 01 i1011SpO/1d110n hdeml Avlollon Adminloh+allon November 299 1985 JN �0 Alaskan Region 701 C Slreel, Box 14 Anchorage, Alaska 09613 Mr. William J. Brighton City Manager City of Kenai 210 Pidalgo Kenai, Alaska 99611 Dear Mr. Brighton: The Pederal Aviation Administration has announced the distribution of federal funds under the Airport and Airway Improvement Act of 1982 for fiscal year 1986 on an interim basis. Enolosed for your information is a copy of the O.S. Department of Transportation News Release. The current year funds available to the City of Kenai is $6280210. The oarryover funds from PY-1985 is $6060259 and from PY-1984 is $486,704. Please note that these funds have been apportioned under the current continuing resolution and are subject to adjustment upon enactment of the Department of Transportation Appropriation Act of 1986, or a further continuing resolution* if further information is desired, please contact Sylvia Kobayashi or myself at 271-5440. Sincerely, noyd, Ho Pattieon Manager, Planning 3 Programing Branch Airports Division Enclosure i News. U.&Department of Transportation Office of the Assistant Secretary for Public Affairs Washington, D.C. 20590 FOR RELEASE WEDNESDAY FAA 63-83 ember l3t 1985 Contact: John Leyden It Tol . /9n91 it m oar. t ' FAA APPORTIONS $368.9 MILLION IN AIRPORT FUNDS IN FY 1986 The Federal Aviation Administration (FAA) today announced plans for distributing nearly $368.9 million In entitlement funds to the nation's airports in fiscal 1986 for planning and development projects. These entitlements, authorized by Congress In the Airport and Airway r Improvement Act of 1982, have been apportioned on an Interim basis under the current budget Continuing Resolution and are subject to adjustment upon enactment of the Department of Transportation Appropriations Act for 1986, or a further Continuing Resolution. The funds are part of a total of $923.0 million to be distributed by FAA during the fiscal year under the Airport Improvement Program (AIP). The balance of $336.1 million will be distributed on a discretionary basis and is also subject to adjustment upon enactment of the DOT Appropriations Act for 1986, or a further Continuing Resolution. Under the program, the entitlement funds are apportioned to primary airport sponsors at the start of each fiscal year on the basis of passenger departure enplanements and to geographical areas primarily on the baste of population and area. Funding for the program comes from the Airport and Airway Trust Fund, which Is financed by aviation user fees such as those on passenger tickets, freight way bills and gasoline and jet fuel used In General Aviation. For FY 1986, which began October 1, FAA Is apportioning approximately $443.0 million for 268 primary airports which serve large air carriers throughout the country. Approximately $109.9 million is being apportioned to the 50 states, the District of Columbia, and Puerto Rico for general aviation airports, and $1.1 million is being apportioned to non -primary airports In the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and Pacific Trust Territory. An additional $12.9 million is being apportioned to certain airports In Alaska. - more - �-� �f• .i.L_.L _fl._. u-4�_..�..c..__i.+--.... .. __...—.,—w - —x-r scam. t _-._J ' .___ __ _. r ` WIN -2- Today's announcement Is intended to let state and local governments and other i airport sponsors know how much federal airport funding will be available over the next year. The current year's entitlement funds will remain available to designated sponsors until September 30, 1988. FAA Is asking sponsors to submit preapplications for projects by January 31, 19869 It they plan to use funds during the fiscal year. Tables listing apportioned amounts for primary airport sponsors and the state allocations for other eligible airports are attached. i 1 . llligpp � 1 • I ,• t � 2 F, 1 f' r " f M' i f 1 TABLE I INTERIM APPORTIONMEN AIRPORT IMPROVEMENT PROGRAM DISTRIBUTION OF $444,961,036 FOR PRIMARY AIRPORT PLANNING AND DEVELOPMENT FOR FISCAL YEAR 1906 STATE/SPONSORS SPONSOR APPORTIONNRN? STATE/SPONSORS SPONSOR APPORTIONNNN? ALABAMA CITY OF BIRMINGHAM 1,695,194 SAN DIEGO 09IFIBO PORT DISTRICT $ 3,581,184 CITY OF MOBILE MON?OONSBY AIRPORT AUTHORITY 1,069,405 825,950 SAN LUIS OBISPO COUNTY SANTA MARIA PUBLIC AIRPORT 425.735 DO?HAN-ROUSTON COUNTY AIRPORT AUTHORITY INC. x:i,51i DISTRICT 455.810 HUNTSVILLB-HADISON COUNTY CI±t .O: = ANG"L= AND Gil! OF ONTARIO 2,299,089 AIRPORT AUTHORITY 1,111,838 BURBANK-OLBNDALB-PASBOBNA • ALABAMA TOTAL 5,155,962 AIRPORT AUTHORITY 2.178,329 ALASKA CALIFORNIA TOTAL 47.476,463 CITY AND 8020900 OF JUNEAU 832,063 COLORADO CITY OF KENAI STATE OF ALASKA 628,210 5.516,034 CITY AND COUNTY OF DBNVBR CITY Of COLORADO SPRINGS 9.746,230 1.631.397 ALASKA TOTAL 61977,107 CITY OF GRAND JUNCTION MESA COUNTY AND VALOR FIRED ARIZONA CITY OP PHOENIX AIRPORT AUTHORITY DURANGO CITY LA PLATA COUNTY 696,679 516,040 CITY OF ?UCSON 4,962,028 1,7 PI?KIN COUNTY ROUTT COUNTY 761.140 2999025 STATE OF ARIZONA 4,998 7 4,648 PUMA COUNTY 381,E 0 COLORADO TOTAL 13,650,467 ARIZONA TOTAL 8,060,835 CONNECTICUT ARKANSAS CITY OF FAYETTEVILLE 4, CITY OF NEN HAVEN STAB OF COMNBCTICUT 957140 21798:462 CITY OF FORT SMITH LITTLE ROCK MUNICIPAL AIRPORT g47,315 15 CONNBCTICOT TOTAL 3,355.602 COMMISSION 1,764,766 FLORIDA ARXANSAS TOTAL 2,637,111 COUNTY COUNCIL OF VOLUSIA COUNTY 991,393 cALIFORNIA BOARD Dr COUNTY CONNISSIoN668, CITY AND COUNTY OF BRONAND COUNTY CITY Of GAINBSVILLB 3,2879549 709 778 SAN AND CIBCO SAN OF NCISCO CITYCITY 8.610*2 1 g /,442,283 JACKSONVILLE FOR? AUTHORITY CITY Of MELBOORNB 2,035,451 O/ LONG SUCH CITY OF LOS ANOBLBS LOSOAK 1,659.021 CITY OF ORLANDO 1,1 9,128 4,005,452 CITY OF OF AND NDRINaS 11:657:208 2,451r843 CITY Of PENSACOLA CITY Of TALLAHASSEE 1,017,600 1,142,468 CITY PALM CITY OF PALMING 1,121:543 385,0330 BOARD OF COUNTY COMMISSIONERS, CITY OF SAN .108E CITY OF SANTA BARBARA 2,531,481 1.158.3383 LBO COUNTY BOARD OF COON?Y C0INIISSIONSES, 1,698,406 COUNTY OF KERN COUNTY Of SACBAMBNtO 592,415 DADS COUNTY BILLSBOROUGH Comity AVIATION 7,161,438 COUNTY Of SAN JMTO 2,139:666 436.2�5 AUTHORITY MONROB COUNTY BOARD Of 3.944,723 BL OOBA00 COUNTY "UNBOLT COUNTY "UNBOLT 632.645 474.725 COIOIISIONBNS PALM BEACH COUNTY BOARD Of 901,599 PENINSULA AIRPORT DISTRICS 904.900 COUNTY COMMISSIONERS 2,512.653 ORANGE COUNTY 2,178.651 PANAMA CITY -BAT COUNTY AIRPORT AND INDUSTRIAL DISTRICT $95,969 w I TABLE I INTERIM APPORTIONMENT PRORAM DISTRIBUTION OFR$444,,961,036TFOR PRIMARY AIRPORT PLANNING AND DEVELOPMENT FOR FISCAL YEAR 1986 " STATE/SPONSORS APPSPONSOR ORTIONMENT STATE/SPON80R8 SPONSOR ALABAMA APPORTIONMENT • CITY OF BIRMINGHAM i 1,699,154 SAN DIEGO UNIFIED PORT DISTRICT " CITY OF MOBILE MONTOOMBRY AIRPORT AUTHORITY 1,069.g05 825,950 SAN LUIS OBISPO COUNTY SANTA MARIA i 3,501,184 425,735 - "- ' DOTHAN-HOUSTON COUNTY AIRPORT :RC. DISTRICTPUBLIC AIRPORT DISTRTOT - NTSVILLE HAIRPORT AUTHORITY COUNTY 453,615 CITY OF LOS ANGELES AND CITY ylbrClu AIRPORT AUTHORITY 1,111,838 OF ONTARIO BURBANK-OLBNDALB-PASBDBNA 2,299,085 ' ALABAMA TOTAL 5.155.962 AIRPORT AUTHORITY 2,178,329 ALASKA CALIFORNIA TOTAL 47,476,463 CITY AND BOROUGH OP JUNEAU CITY OF KBNAL 832.863 COLORADO ` STATE OF ALASKA 628,210 S.516,034 CITY AND COUNTY OF DBNVRR CITY OF COLORADO SPRINGS 90746,230 ALASKA TOTAL 6.977,107 CITY OF GRAND JUNCTION, MESA COUNTY AND 19631,357 ' ARIZONA WALKER FIELD AIRPORT AUTHORITY 696,675 I 696,675 " CITY OF PHOENIX CITY OF TUCSON 4,962.028 DURANGO CITY LA PLATA COUNTY PITKIN COUNTY 040 STATE OF ARIZONA 1:972.169 744998 BOOTY COUNTY 761,140 299,025 • YUMA COUNTY 381:640 COLORADO TOTAL 13,650,467 ARIZONA TOTAL 8,060.835 CONNECTICUT - ARKANSAS CITY OF FAYETTEVILLE 425.030 CITY OF NEW HAVEN STATE OF CONNECTICUT 957140 i= 2,798:462 CITY OF FORT SMITH E LITTLROCK MUNICIPAL AIRPORT gg7.315 CONNECTICUT TOTAL w 3 #359,602 COMMISSION 1,764,766 FLORIDA ' ARKANSAS TOTAL 2.637,111 COUNTY COUNCIL OF VOLUSIA COUNTY ' i CALIFORNIA BOARD OF COUNTY COMMISSIONERS, 991093 - 1=,..'... CITY AND COUNTY OF 8AN FRANCISCO BROWARD COUNTY CITY OF GAINESVILLE 39287,549 709 778 ' CITY OP PRBSNO CITY OP LONG 8,616,291 1,442,283 JACKSONVILLE PORT AUTHORITY CITY OF NBLBOORNB 2.035•451 ' e BEACH CITY OF LOS ANGELES CLTY OP OAKLAND t.659,200 11,857,208 CITY OF ORLAN00 CITY OF PBNSACOLA 1,1 9,128 4,OOSAS2 " 1 CITY OF PALM SPRINGS CITY OF REDDING 2►g51,843 1.121.543 CITY OF TALLAHASSBB BOARD OF COUNTY COMMISSIONERS, 1.017,600 I,142,468 CITY OF SAN JOSB 2, 385,030 LEE COUNTY 1,698,g06 _ " CITY OF SANTA BARBARA COUNTY OF KERN 31.481 1,158:383 BOARD OF COUNTY COMMISSIONERS, DADS COUNTY .. ` COUNTY OF 3ACRAMBNTO 992.4415 2r139r666 HILLSBOROOOR COUNTY AVIATION 70161,438 COUNTY OF SAN JOAgUIN BL DORADO COUNTY 432 AUTHORITY NONROB COUNTY BOARD OF 39944,723 - i NUMBOL? COUNTY MONTEREY PENINSULA AIRPORT 632,645 645 474,725 COMMISIONBRS PALM BEACH COUNTY BOARD OF 501,555 !!'• RANGEDISTRICT ORANGE COUNTY 904.900 COUNTY COMMISSIONBR9 PANAMA CITY -BAY COUNTY AIRPORT 2.512.653 - -'-- 2 178 6S1 r • AND INDUSTRIAL DISTRICT 595.565 - - _ ... - ....._. . c r. t P. .___-t`ii t _... - - __ __ - - -._ -- L `` /, ._-_.__--_._._- �-.w�__�. � _ . r- _ � `-. Tom► '.i ` TABLE II ` 11 IETPE RIH APPORTIONMENT ' 1 AIRPORT IMPROVEMENT PROGRAM .i Distribution of $111,000,000 to States and Insular Areas for Airport Planning and Development for Fiscal Year 1986 - - alI11z IYiHPL' STATE APPORTIONMENT STATE ABPORTI - • ALABAMA $107070610 M0N'1•ANA $203730652 ALASKA 81880,416 NEBRASKA 11525,015 ARIZONA 20344,197 NEVADA 11834,747 ARKANSAS 1,337,132 NEW HAMPSHIRE 357,969 CALIFORNIA 8,018,375 NEW JERSEY 1,883,759 ' j COLORADO 2,237,956 NEW MEXI00 2,118,772 OONNEMCUT 825,975 NEW YORK 4,993,722 DELAWARE 177,646 NORTH CAROLINA 2018OF759 r; . • DISTRICT OF COLUMBIA 153,693 NORZ DAKOTA 1,206,893 " FLOPJM 31250,014 OHIO 3,2460652 I , GEOR{iIA 2,182,265 OKLAHOMA 11762,9861 HAWAII 326,769 0REGON 2,072,960 IDAHO 10467,676 PENNSYLVANIA 3,520,390 ILLINOIS 30591,824 PUE= RICO 816,300 ' INIDLANA 1,853,564 R11ODE ISLAND 244,618 IOWA 1,532,920 SOUTH CAROLINA 1,210,698 ` . KANSAS 1,787,940 SOUR11 DAKOTA 1,311,323 KENit= 10475,642- TENNE'SSEE 1,723,836 LOUISIANA 11730,369 TEXAS 71367,278 _ NAM 7790637 UTAH 11611,139 MARYLAND 101890,172 VERMODTP 265,149 (. :. MASSAai[JSETPB 105080,850 VIRGINIA 1,906,434 MICHIGM 3,6570,217 WASHING m 2,036,123 MINNESOTA 2,261,730 WEST VIRGINIA 826,174 !' MISSISSIPPI 1,3190588 WISCONSIN 2,109,195 MISSOURI 2,211,193 WYOMING 10566,017 -1 -` U.S. TOTAL $109,890,000 INSULAR AREAS 1,110,000 I GRAND TOTAL $11100001000* ' *State funds my -be used neither for primary and non-wimary conmercial service _- ' airports nor for airports defined as non-cwwter service air carrier airports under the Airport and Airway Development Act of 1970. Funds for insular areas may be used •'' only for other than primary airports. Elk r�� n • ti TABLE III INTERIM APPORPIONMEW AIRPORT DWRONEMM PIir M M Additional amount available under Section 507(a)(4) of the Airport and Airway Improvement Act of 1982 for certain airports which were apportioned - funds in fiscal year 1980 under Section 15(a)(3) of the Airport and Airway Development Act of 1970, as amended. SPONSOR AMOUNT 4• I. • �s G � STATE OF ALMA $12,546,356 VENETIE, TRIBAL GOVERbMW 267,154 NORTH SLOBS BDW" 47,659 CITY OF KODIAK 47,859 WTAL $12,929,228 i; F i ,.k i AT SPONSOR SPONSOR r . STATB/SPONSORS APPORTIONMENT STATE/SPONSORS APPORTIONMENT ' PORT AUTHORITY Of NEW PORK AND OREGON TOTAL S 41431,198 MEN JBRBBY 268 0,014 TOMPKINS COUNTY 5�8,415 PBNNSYLVANIA TOWN Of ISLIP 1:410,123 CITY O/ PHILADELPHIA 409370565 COMMONWEALTH Of PENNSYLVANIA 1,22 ,933 NEW YORR TOTAL 39,433,068 COUNTY COMMISSIONERS LOZBRNB AND LACKAWANNA COURIER 768328 NORTH CAROLINA COUNTY Of ALLEGNBNY 9,499:629 CITIES Of RALBIGH AND calm" BRIE MUNICIPAL AIRPORT AND COUNTIES Of DURHAN, AND AUTHORITY 641615 WARS AND RALBIGH-098 M LANCABTBR AIRPORT AUTHORITY 285:930 AIRPORT AUTHORITY 2,138,046 LBHIOH-NORTHAMPTON AIRPORT CITY O/ ASHEVILLE 822,430 AUTHORITY 950,070 _ CITY Of CHARLOTTE 4.007.097 READING MUNICIPAL v CITY Of FAYETTEVILLE 823,760 AIRPORT AUTHORITY 365075 ONRNNSBONO-HIGH POINT AIRPORT WILLIAMSPORT MUNICIPAL AUTHORITY 1,887,048 AIRPORT ADTHORITT 283,613 LENOIR COUNTY -CITY Of KINSTON 915,7735 PBNNSYLVANIA STATE UNIVERSITY 323,970 NNW HANOVER COUNTY 604,8�19 ONSLOW COUNTY 603,460 PBNNSYLVANIA TOTAL 14,860,424 NORTH CAROLINA TOTAL 11,402,441 RHODE ISLAND STATE Of RHODE ISLAND 1,619,170 NORTH DAKOTA CITY Of BISMARCK 685,570 RHODE ISLAND TOTAL 1,619,170 a CITY Of PARGO NORTH DAKOTA MUNICIPAL AIRPORT AUTHORITY 775,905 SOUTH CAROLINA CITY O/ GRAND FOR90 510,560 CHARLESTON COUNTY AVIATION CITY Of MIND? 406,925 AUTHORITY 1,692,751 GREENVILLE SPARTANBURG NORTH DAKOTA TOTAL 2,378,960 AIRPORT COMMISSION 19296,983 RICHLAND-LEXINGTON AIRPORT ' ONTO COMMIBSION 1,394,990 AKRON CANTON REGIONAL AIRPORT ROBBY COUNTY AND HOBBY COUNTY AUTRORIT! 790,479 AIRPORT COMMISSION 749,579 CITY Of CLEVELAND 3144,879 (� CITY O/ COLUMBUS 2:329 919 SOUTH CAROLINA TOTAL 5,093,899 CITY Of DAYTON 2,291:749 CITY Of TOLEDO AND SOUTH DAKOTA TOLEDO-LUCAS COUNT! CITY Of RAPID CITY 685,360 PORT AUTHORITY 1,100620 CITY Of SIOUX PALLS 809,603 CITY O/ YOUNGSTOWN 428:729 SOUTH DAKOTA TOTAL 1,974,963 0910 TOTAL 10,041,999 TBNN688BE 09LUORA THE CITIES O/ BRISTOL �• CITY Of LAWTON CITY 378,560 JOHNSON CITY KINGSART, O/ OKLAHOMA, CITY 2,2299723 TENNESSEE AND BRISTOL, CITY Of TULSA AND TULSA VIRGINIA AND COUNTIES AIRPORT AUTHORITY 2,126,341 Of SULLIVAN AND WASHINGTON, TENNESSEE 818,480 _... OXLAHOMA TOTAL 4,804,624 CITY Of CHATTANOOGA 669793 CITY Of KNOXVILLE 1,�71,733 OREGON CITY Of MEMPHIS AND CITY Of BOOM 907,409 MEMPHIS-399LBY COUNTY JACKSON COUNT! 13,600 AIRPORT AUTHORITY 2,797,718 -- THE PORT of PORTLAND a,�10,193 Includes Newark International Airport. Y N �. 9 - STANK/SPONSORS APPORTIONMENT PORT AUTHORITY OF NEW YORK AND NEW JERSEY 6 TOMPKINS COUNTY TOWN OF ISLIP NEW YORR TOTAL MONTH CAROLINA CITIES OF RALEIGH AND DURBAN AND COUNTIES OF DURHAM, AND WAKE AND RALRIOH-DURBAM AIRPORT AUTHORITY CITY of ASRBVILLE C.TTr A.a wu. w. www • •-nno•rv.•o CITY OF FAYETTEVILLE SPONSOR 268 0,014 5�8,415 1:410,123 39►433,068 2,138,046 822,430 y,66-100 f 823,780 STAIR/SPONSORS OREGON TOTAL PSNNBYLVAMIA CITY OF PHILADELPHIA COMMONWEALTH OF PENNSYLVANIA COUNTY COMMISSIONERS LUZBRNE AND LACKAWANNA COUNTIES COUNTY OF ALLEGHENY BRIE MUNICIPAL AIRPORT AUTHORITY LANCASTER AIRPORT AUTHORITY LNHIOH-NORTHAMPTON AIRPORT AUTHORITY 05AUANU MUNLUIVAL AIRPORT AUTHORITY i; SPONSOR APPORTIONMENT f 4,431,198 6 4,537,565 1o2249533 768,328 9,499,625 641,615 285,930 950.070 365,175 -- OBBBOSSORO-HIGH POINT AIRPORT WILLIAMSPORT MUNICIPAL AUTHORITY LENOIR COUNTY -CITY OF KINSTON 1,807,048 5 AIRPORT AUTHORITY PENNSYLVANIA STATE UNIVERSITY 283,613 323.970 MEN HANOVER COUNTY 684,735 684,819 ONSLOW COUNTY 603,460 PENNSYLVANIA TOTAL 14,080,424 1 i NORTH CAROLINA TOTAL 11,402,441 RHODE ISLAND NORTH DAKOTA STATE Of RHOOB ISLAND 1,615,170 CITY OF BISMARCK CITY OF /ARGO NORTH DAKOTA 685,570 RHODE ISLAND TOTAL 10615,170 MUNICIPAL ZAPORT AUTHORITY 779 90S SOUTH CAROLINA CITY OF GRAND FORKS 510►560 CHARLESTON COUNTY AVIATION - CITY OF MINOT 406,929 AUTHORITY 1,652,751 NORTH DAKOTA TOTAL 2r378,960 OREENVILLE SPARTANBURG AIRPORT COMMISSION 1,296,583 ' r OHIO RICHLAND-LBKINGTON AIRPORT AKRON CANTON REGIONAL AIRPORT COMMISSION HORRY COUNTY AND RORRY COUNTY 1,394,950 f AUTHORITY CITY OF CLEVELAND 790.479 3:144,875 AIRPORT COMMISSION 7490979 ' — CITY 0/ COLUMBUS 2325,S19 SOUTH CAROLINA TOTAL 5,093,859 CITY OF DAYTON 2,291,745 CITY OF ?OLEN AND SOON DAKOTA TOLEDO-LoCAS COUNTY CITY OF RAPID CITY 685,360 FORT AUTHORITY CITY OF YOUNGSTOWN 1,100,620 428,729 CITY OF 8I092 PALLS , 889,603 , , OHIO TOTAL 10,041,959 SOUTH DAKOTA TOTAL 1,974,963 OKLANOMA TENNESSEE THE CITIES OF BRISTOL, CITY OF LAWTON CITY OF LAWTONMA CITY OKLAH CITY 378,560 2►229,723 JOHNSON CITY KINGSPORT, TBNN688B9 An BRISTOL, CITY OF AND VIRGINIA AND COUNTIES AIRPORT AUTHORITY 2,196►341 OF SULLIVAN AND WASHINGTON, OKLAHOMA TOTAL 4,804,624 TENNESSEE CITY OF CHATTANOOGA 818,480 966,793 ORKGOM CITY OF KNOXVILLE CITY OF MEMPHIS AND 19471,733 CITY OF EQGBNE 907r4O5 MEMPHIS-SHBLBY COUNTY _ JACKSOr COGENT THE SON OF PORTI.AMD 113►600 2, 10,193 AIRPORT AUTHORITY 2,797,718 —;------ P./ Inalu0ee Newark International Airpart. ; 3 a ' ,, .. 7,71-4 SPONSOR ,! STATB/SPONSORS APSPONSOR PORTIONMENT STATE/SPONSORS APPORTIONMENT METROPOLITAN GOVERNMENT OF VASHINGTON 1 NASHVILLE AND DAVIDSON CITY OY YAKIMA 486,020 COUNTY TENNESSEE AND METROPOLITAN PORT OF PASCO 176,090 NASHVILLE PORT OF SEATTLE 4, 39r386 AIRPORT AUTHORITY 2008,399 CITY OF SPOKANE AND COUNTY OF SPOKANE 1,717,194 TBNN6886B TOTAL 8,163,123 YABNINOTON TOTAL 7,818,690 TEXAS • CITY OF ABILENE 480,765 WEST VIRGINIA CITY OF AMARILLO 10481,233 CENTRAL VEST VIRGINIA REGIONAL C!?Y I0.0 io-O.Tiff w 34 aww a:.*.* COST •H*9/00/w w w CITY OF BROWNSVILLE 3341455 COUNTY COUNT OF WOOD COUNTY 300,925 CITY OF CORPUS CHRISTI 11498,908 TRI-STATB AIRPORT AUTHORITY 920,015 CITY OF DALLAS 3,299,718 CITY OF EL PASO 2,031,669 YES? VIRGINIA TOTAL 1,738,898 CITY OF HARLINGEN 1398260 CITY OF HOUSTON 8:776:498 WISCONSIN CITY OF LUBBOCK 1,6720864 BROWN COUNTY 829,183 CITY OF MCALLEN CITY OF MIDLAND 7639523 CITY OF LA CROSSE 442669 CITY OF BAN ANGELO 1,72 57 COUNTY OF DAIS MARATHON 1:297:908 ` 176:990 AND PORTAGE COUNTIES 954,940 CITY OF SAN ANTONIO 2, 99,671 NILVAUREE COUNTY 2120,092 JBFFRRSON COUNTY 507,910 COUNTY OF OUTGAMIE 516,51g , TEXAS AAM UNIVERSITY 302,993 CITY N DALLAS AND CITY OF MISCONSIN TOTAL 9,760,463 ' FT. WORTH IN CONJUNCTION WITH . TOR DALLAS/FT, NORTH REGIONAL INTONING t AIRPORT BOARD CITY DIP WICHITA 110164,916 CITY OF CHEYENNE 2886gq5 ._ FALLS 31,640 NATRONA COUNTY 651:988 ?B)<AS TOTAL 41,422,886 TOWN OF JAC98ON AND COUNTY OF TBTON s 439,179 UTAH INTONING TOTAL 1,375,838 SAL? LAKE CITY CORPORATION 3rg29,428 UTAH TOTAL 3r525,428 50 STATES TOTAL 439,549,691 ; VBRMONT CITY OF BORLINGTON 1,511,643 AMERICAN SAMOA GOVERNMENT OF AMBRICAN SAMOA 314,348 ` VERMONT TOTAL 1,911,643 AMERICAN SAMOA TOTAL 314,346 VIRGINIA CRARLO?TESVILLB-ALBBRMARLB GUAM AIRPORT BOARD 977,995 GOAN AIRPORT AUTHORITY 1,509.245 CITY OF LYNCHBURG 3 5,79S -... ._ NORFOLK FORT AND INDUSTRIAL GUAM TOTAL 1,909,249 AUTHORITY 2,297,293 ' CAPITAL RROION AIRPORT N. MARIANA ILS CoMNIaIGN 1723,051 MARIANA ISLANDS AIRPORT ,j.. CITY OF ROANou 1:0430098 :AUTHORITY 670,135 VIRGINIA TOTAL 6,027,192 N. MARIANA ILS TOTAL 6701135 P SPONSOR STATE/SPONSORS APPORTIONMENT PUERTO RICO PUERTO RICO PORTS AUTHORITY 3,9359313 PUERTO RICO TOTAL 39935,313 - VIRGIN ISLANDS VIRGIN ISLANDS PORT AUTHORITY 2,686,344 .. -- VIRGIN ISLANDS TOTAL 29686,344 TOTAL OTHER 9015085 TOTAL,STATES AND TERRITORIES $444,9619036 i �J x •. 1 { 't BILL SHEFFIELD, DEPT.OF ENViR0NMENTA1, CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 274-2633 437 E STREET, SUITE 200 ANCHORAGE, ALASKA 99601 November 26, 1985 L•' e'S. •,Se� City of Kenai tpx William Brighton, City Manager Kenai,dAKg99611 ` , /Cis r' Dear Mr. Brighton: The Department of Environmental Conservation is happy to provide you with a copy of the Kenai Sludge Landspreading Permit. ; There are a few stipulations in the permit which I would like to clarify. Article II.8.1. requires that the Department must have a current record of the sludge content analysis before any sludge can be issued. This stipulation does not require the City of Kenai to sample the sludge, Q . however, no sludqe can be issued for landspreading unless we have a record of the analysis. No analysis is needed to dispose of the sludge ti at a permitted landfill. Since most sludge users will only landspread r: in the summer, a single sample taken in the spring 'should suffice. The sewage plant operators should be aware that they are only authorized to issue sludge to those who, have a Department approved notice of Dis- posal. Also, only treated sludge is permitted. Grits or screenings are not to be landspread. Please feel free to contact Henry Friedman at the Southcentral Regional Office if you have any questions concerning this permit. $Inc , R t C.Flint R gional Program Coordinator RCF:HF:emp , cc: Clyde Johnson, Water Sewer Supt. 210 Fidalgo, Kenai,AK 99611 Keith Kornells, Public Works Dir. 210 Fidalgo, Kenai,AK 99611 Kenai District Office �t 0 STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 "E" Street, Suite 200 ANCHORAGE, ALASKA 99601 General Waste Disposal Permit Kenai Sludge Landspreading Permit No. 8620-BAUUI Date Issued: November 4. 1986 This General Waste Disposal Permit is issued to persons who wish to apply treated sludge from the Kenai Sewage Treatment Plan on land for the purpose of soil enchancement. To be eligible for this permit the user must be able to meet the stipulations in Appendicles A, 0, and C of this permit. Notification as prescribed in Appendix A must be submitted. The Department will require a person to obtain an individual permit where notification of intent to conduct activities under this general permit is not made; when the disposal does not meet the conditions of their general permit, contributes to pollution, or causes an adverse impact on public health or water qual i ty. This permit is issued under authority of Alaska Statutes 46.03.020(10) and 46,03.100 in conformance with the Solid Waste Management Regulations 18 AAC 60. This permit is effective upon issuance and expires November 30 1988. it may be terminated, modified, or renewed in accordance with AS 465HU. ,3 en Reln Director, Environmental Quality r-" . a R oil • PERMIT NO. 8520-BAOOI Appendix A Page 1 of 4 1. NOTICE OF DISPOSAL A separate notification must be made for each location that sludge landspreading Is proposed. A written notice of intent to landspread sludge under this permit must be received by the Southcentral Regional Office at least two weeks prior to the activity. The notification must include the following infirmation: I. Aplicant's name, mailing address and phone number. P. A tnnnaranhir man with a sr.. •t w ..o � �� •- i -r-a —r — -••—r • �•• Y -YY.Y v� • Yv • m„o a11VN,Ila bnv vaticra1 sucation of the landspreading. U.S.G.So maps may be obtained at the Federal Building located at 1th and C Street in Anchorage, or by mail; U.S.G.S. Distribution Center Federal Building Box 12 Fairbanks, AK 99701 3. An accurate map or drawing of the disposal site showing site boundaries and (a) roads, (b) residences, (c) surface waters, (d) wells, within 1/4 mile of the site boundary. 4. Estimate the amount of sludge to be used, the total acreage and the approx- imate dates of applications. S. A statement from the applicant that he is the landowner or a letter from the landowner certifying that there is no objection to landspreading sludge on the property. 6. Applicants must have written approval from the Regional Supervisor of the Southcentral Regional Office before conducting disposal activities under this permit. The Department will, in its discretion, deny use of the permit, or attach conditions to the approval as necessary. Application forms are available from the Southcentral Regional Office. II.A. SLUDGE SPECIFICATION This permit applies only to weated sludge which has undergone aerobic digestion and has been subsequently dewatered at the Kenai Sewage Treatment Plant. Grits or screenings are not permitted. II.B. SLUDGE SAMPLING I. This Department must have a record of the sludge content analysis for the parameters listed in Part 0 of this section before the Department will grant an approval for landspreading of the sludge. The date of the last analysis must be within the last three (3) months. It is not necessary for the applicant to submit a sludge analysis if one has already been provided. f; I 1 •� "Il PERMIT NO. 8520-BA001 Page 2 of 4 2. A sludge sample shall be obtained by taking a random "grab" sample of the dewatered sludge off the belt press. 3. Samples must be analyzed as soon as possible after collection. if more than 24 hours will elapse before analysis, the sample should be stored at about 4°C. Where cold storage is not possible. add hydro- chloric acid to lower the pH to 1. 4. If a disruption in the biological activity of the treatment process occurs in the aeration tank or the aerobic digester, and it is deter- mined by the plant superintendent that the disruption may have been caused by a contaminant in the influent, then the sludge must be retested and the analysis received by DEC before any sludge can be �* laauad 4nr lanAepreadi a� 11.C. SLUDGE ANALYSIS Sludge samples shall be analyzed according to the most recent edition of the Environmental Protection Agency's "Method for Chemical Analysis of Water and Wastes"or EPA publication SW-846. , 11.D. PARAMETERS *Y Sludge shalt be analyzed for the following parameters: Parameters *Maxim ; Total Solids must be greater than 15% y Nitrates N/A Ammonia -nitrogen ' Phosphorus " Potassium ' Arsenic 1000 mg/kg Cadmium 30 mg/kg Chromium 1000 mg/kg ; Copper IUUU mg/kg Mercury 6 mg/kg Nickel 1000 mg/kg ; Lead 1000 mg/kg zinc 25W mg/kg � Phenols 10 mg/kg _ PCB's 10 mg/kg on a dry weight basis mg/kg 1s equivalent to parts per million on a dry weight basis. N/A • not applicable CITY OF KENAI DATE: &Z THE MICROPHOTOGRAPHIC IMAGES APPEARING START IN THIS ROLL OF MICROFILM STARTING WITH tu/ Ad'4'fi OF RECORD FILE.110: f/d_, ,? ARE ACCURATE REPRODUCTIONS OF TH'S RECORDS OF THE CITY OF KENAI. DEPTs No. z3 I, the undersigned, Janet Whelan, City Clerk of the City of Kenai, AK, a mun+.cipal corporation, in the performance of the functions of my off- ice, hereby certify that the original camera negative microfilm images contained on this roil up to the end target, are direct and facsimile reproducti6ao of the original documents. All documents were filmed com- plete in their entirety. I certify to the above to the be of my knowledge and belief. CERTZFZED SYs DATES QZ_./4(44 net Whelan, City Clerk r. •s - n PERMIT NO. 6620-BAOOI Page 4 of 4 3. restrict for 18 months after sludge application all crops which are grown for direct human consumption, V• EXCLUSION FROM THE GENERAL PERMIT Any permittee authorized by this permit may request to be excluded from the coverage of this general permit by applying for an individual permit. The owner shall submit an application together with the reasons supporting the request to the appropriate Regional Office no later than sixty (60) days before the proposed discharges, yI• I SIVIDUAL PERMIT When an individual permit is issued to a permittee otherwise subject to this general permit, the applicability of this permit will commence on the effective date of the written approval given under 1.6. of this permit. The existing individual permit will be automatically terminated on the same date. VII. INCLUSION UNDER THE GENERAL PERMIT Persons with existing individual permits may operate under this general permit by so requesting and making written notification as outlined under I. Notice Of Disposal. Applicability of this permit will commence on the effective date of the written approval given under I.6. of this permit. The existing individual permit will automatically terminate on the same date. Vill. TERMINATION OF ACTIVITIES UNDER A GENERAL PERMIT The Department will, in its discretion, require a person with a general permit to obtain an individual permit or terminate this permit when situations includ- ing, but not limited to, the following occur: A. the disposal does not meet the conditions of the general permit; S. the disposal contributes to pollution or causes an adverse impact on public health or water quality; or C. a change occurs in the availability of technology or practices for the control or abatement of pollution contained in the disposal. f. r, F 1 O r i� r y r N i Y r . • b� /i PERMIT NO. 8520-BAOOI Page 1 of 1 M. APPENDIX B GENERAL CONDITIONS I. Access and Insoection The Permittee shall allow the Commissioner or his representative access to the permitted facilities at reasonable times to conduct scheduled or unscheduled inspections or tests to determine compliance with this permit and states law. 2. Information Access Except for information relating to confidential processes or methods of manufacture, all records and reports submitted in accordance with the terms of this permit shall be available for public inspection at the Southcentral. Regional Office of the Alaska Department of Environmental Conservation at 437 E Street/Suite 20D, Anchorage, Alaska, (phone 274-2633). 3. Civil and Criminal Liability Nothing in this permit shall relieve the Permittee from civil or criminal penalties for noncompliance, whether or not such noncompliance is due to factors beyond his control, including but not limited to accidents, equip- ment breakdowns, or labor disputes. 4. Availability The Permittee shall maintain a copy of this permit at the operator's place of business. • 5. Adverse Impacts The Permittee shall take all necessary means to minimize any adverse impact to the receiving waters or lands resulting from violation or noncompliance with any limitations specified in this permit, including any additional monitoring needed to determine the nature and impact of the non -complying activity. The Permittee shall clean-up and restore all areas adversely impacted by the noncompliance. 6. State Laws. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation. R P. w .. • a i - y PERMIT NO. 8620-BAOOI Page 1 of 1 APPENDIX C A copy of the complete application is available for ►our review at the Department's Southcentral Regional Office at 437 'E" Street, Suite 200, Anchorage, Alaska 99601 (907) 274-2633. .i 15,20 eAoo I Example Only Name .1 29 A�e 11 m NAme SAMPLE ONLY Permit t S• 3 Sift. DrAwl a 8 5ad -BAoo _NoT CTVAL DLSPOSAL SCALP A i '�• ram:.- SWIC i landsprea ON9 t W IMW r `t..,; �� r �;�, """ � �-, i � � r-• ` fir• � � �• r' , '• �� +�1� BILL SHEFFIELD, DEPT.OF ENVIRONMENTAL CONSERVATION Telephone: 19071 r Address: SOUTHCENTRAL REGIONAL OFFICE 274-2533 437 E STREET, SUITE 200 ANCHORAGE, AN 99501 NOVEMBER 19, 1985 Keith Kornelis 1 620 Fidalgo 1: n. Kenai, AN 99611 �t` pubs. �•_ �, Dear Mr. Kornelis: ` . The Department of Environmental Conservation is happy to Provide you with a copy of the Kenai Sludge Landspreading Permit since our reoords indicate that you have an interest in this activity. You are reminded that anyone interested in utilizing the sludge from the Kenai Sewage Treatment Plant (STP) ,must first submit A Notice of Disposal as prescribed in Appendix A of the permit. A Notice of Disposal form and sample maps are attached to Appendix C for your convenience. The Kenai STP will issue sludge only to those individuals with an approved disposal plan signed by the Regional Supervisor of the Southoentral Regional Office. In addition, to insure the safety of this activity, this Department must have a recent analysis of the sludge content before any sludge can be issued from the Kenai Plant. The City of Kenai had -the sludge tested last month. In the future, interested parties should contact the City of Kenai to arrange for additional testing. Please feel free to contact Henry Friedman at the Southoentral Regional Office if you have any questions. Additional copies of this permit are available from this office and the Kenai District District office. 0 Sine �0 6/V'Vw-_.47XZ1L"'j errt C. Flint gional Program Coordinator y r to API.IC"J'ION AND CERTIFICATE FOR PAYMEN 17". AIA DOCUMENT G702 TO (Owner): CITY OP KRNAI UPMAT . nT.nau;A ATTENTION: 'eXj Vp ., 104 PACE ONE nt 3 PAGES PROJECT: KENAI LIBRARY ADDITION APPLICATION NO: 6 Distribution to: K1aNAi, 11IJISKA PERIOD FROM: 10/26/85a t OWNER TO: 12 / 9 / 8 5 CONTRACTOR q t / 0 door C3 CONTRACT FOR: ARCHITECT'S O PROJECT NO: GENERAL CONSTRUCTION CONTRACT DATE: May 31, 1985 Application is made for Payment, as shown below, In connection with the Contract, Continuation Sheet, AIA Document G703, is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM a OX i ....................... 5—_.�_ .s Not change by Change Orders ..................... f a eelC CONTRACT SUM TO DATE ...... . S SOSJT$ TOTAL COMPLETED & STORED TC yrY, 073. DOS ' (Column G of G703) RETAINAGE % ....... ys7 S 7 or total in Column I on G703 TOTAL EARNED LESS RETAINAM ills; i6 6r,, 70 $ g LESS PREVIOUS CERTIFICA, 3 l#I f 6 %r �0 336 ,167 .8 0 ✓ � the undersigned Contractor certifies that to the host of his knowledge, t information and belief the Work covered by this Application for e91 Payment lies been completed In accordance with the Contract Docu- 6(CJ a_A !M 8/�q moots, that all amounts have been paid by him for Work for which 1+ _ r previous Certificates for Payment were Issued and payments received - I CURRENT PAYMENT DUB .. �.. ;.�� �! % �! _9 �# S • from the Owner, and that current payment shown heroin Is now duo. e�Q i CONTRACT I,p( DIAL CDNPRAGTORS INC. State of: Vic' .L • ut.sw tfougl� :, •�i • Subscribed and svy�rn to Ifl�aysbkCC�,19fr 8Y: '� Dato:1219/8 5 Notary Public: G 6G.�d •,� sr ...••• ,�c' ` My Commission expires: 6 �•• I' ARCHIT CT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED .............................. S • '--- In accordance with the Contract Documents, based on on•slie obter- (Attach explanation if amount certified differs from the amount applied or.) vaions and the dais comprising the above application, the Architect ARCHITECT: cerUfles to the Owner that the Work has p►osressed to the point ' Indicated; that to the best of his knowledge, information and belief, By: "'� Date: ' the gwlity of the Work is In accordance with the Contract Docu- ments; and that the Contractor is entitled to payment of the AMOUNT This Cartiflcato Is not Cogotlable.lThe AMOUNT CERTIFIED is payable only t the CERTIFIED. named herein. Issuance, payment and acceptance of payment are without prejuc rights of the Owner or Contractor under this Contract. E AIA DOCUMENT G70E • APPLICATION AND CERTIFICATE FOR PAYMENT • APRIL 1970 EDITION • AIAS • ®1970 1 -' THE AMERICAN INSTITUTE OF ARCHITECTS, 173$ NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 G70 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL _ ADDITIONS J � 2 202.00 DEDUCTIONS Approved this Month S9o�, 00 arnrofo�. Number Date Approved 2 ------ TOTALS d • Net Chang by Change Orders IM i t 1 r f i4 r . I i i .1 Qea� ybrol V. ro 9� ICO 17) r PAY ESTIMATE N 0 1 Five r, 1� Cit1 :�ot�g C•�?�• +u•'�a �' , (McCollum, Aliak, Princess (Cinderella, Fox, No. Linwood (Magic, Hutto, Japonski raw.10VU MAP Yroiect (ana Kenai Spur Highway Contractor _tubeck . inc_ Address 7983 Kenai spur itiahwav —Kenai. AK 92611 Project No. Phone 283-3991 Period From _lo-g _g5 to 11-12-85 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Oi Original contract amount $1,665,095.00 22 Net change by change orders (57,082,10) D O3 Adjusted contract 0 amount to date 1,608,012.90 t ANALYSIS OF WORK COMPLETED ® Original contract work completed 763,740.10 ✓ US Additions from change orders completed (- 1,762.50) © Materials stored at close of period 131,689.57 ✓ 0 Total earned®+O+®' 893,667.17 Ir V8. Less retainage of percent 89,366.72 ✓ OTotal earned less retainageO7 - 80e _ 804,300.45 lU Less amount of previous payments ',742 560.01 it Balance due this payment "'61,739.64 i�- • Contractor .-i PubdC Work; -- Engineer rlginal To —LW Submiki" ,.y—il Council OK ONO E3 Its --• "w--- A: ' I STATE OF ALASKA GENERAL ELECTION [3 ELECTION DISTRICT NOVEMBER 2,10SZ r SAMPLE BONDING BALLOT DISTRICT I FOLD BALLOT TO THIS LINE TO BE REMOVED BY ELECTION BOARD o Mork only by use of arose msrkh " X" marks, dlaooneb harlrordal or vortical marks, solid marks, store, ofroles, astorlsks, chooke or plus alone. Taos marks In equoroa opposite the Issue for which you desire to vote. o The mark must be substantially Inside the square provided or touohlne the square so as to Indicate clearly the you Intend the particular sporo to be dasloneod. o Any ensue or correction will Invalidate only that port of the ballot In which It appears. o A mark In the square opposlts the word "YU" *boll be recorded as a vote for the bond Issue, o A mark In the square opposite the word "NO" shell be recorded as a vote sodnst the bond bout. o It you spoil of mar your ballot, you may return It to the sloollon official and receive another ballot. Your spoiled ballot will be destroyed In yew preeanoe. SONDINO PROPOSITION A (Ch. 88, SLA 1082) STATE GUARANTEED VETERANS RESIDENTIAL MORTGAGE SONGS 1400,000,000 Slid the IN of Make unconditionally guarontee is a gonsrol 01190 ion of the p Stab, the payment of pdno of end Wild on rovonue bonds of Me Alsob N usI t BONDS - YES ❑ Huns Corporotbn Issued In the pdnolpsl amount of not more thin $400,000, or tho purposed purchasing morigogss mode for rooldoness for quolilon0 vobrons, is Wood bylow? BONDS - NO ❑ n 4 v r— --+.•_ fit• ,-1 n Y, ESTIMATE N 0 : Five ' page 3 . of 14 Project MAIA Vrj5in t SCHEOULB OF CONTRACT CHANGE ORDERS (C.0•) Uill t,wrt)- ch.1nut• VIA-1 WIVIIJ to 1110 VI Mix Ivyuvpi vaun (1 no u.yk hap burn Jono under onv of Motu " h 41MVrp• ADDITION{ TOORICINAt, CONTRACT PRICK - DKDUCTIONA FROM CONTRACT PRICK A{{NOwN ON CNANOK OROKR{ (c) CONTRACT CNANOK OROKR AfC pK{CRIPTION TOTAL C05t 0/rccer ITEM{ AObED pfROER CNA►IOaK OROKRTO,%AT8 ll J 0► CHANGE ITEM{ OMPLETED Type III Price Reduction For Sand 2350 c. . @ 0.75 ( 1762.50 ( 1762.50 2 0-4 See C.O. 2 14 176.00 --- ' TOTALS O ( 1762.50) Approved Total Cost of Change Orders (C.O.) (a) _ 14,176.90 Deductions from Contract (c) _ (71.25s.1o) loe Net C ...... From C.O. O2 (57.082.10) Change Orders that reduce the contract, Column (c), should reduce the Total to Date Column for that item affected. r ' e • r F� r. . I A PYB161C LINRAIW IN 48RVICS GINCK 1940 Yr Box 157 KENAI. ALASKA 99611 -. REPORT FOR THE MONTH OF NOVWBER, 2985 Circulation Adult Juvenile Easy Books Fiction 1109 261 823 164 Total Book Circulation 3852 Films, Phonodiscs, Pamphlets, Periodicals 344 :.- Total Circulation...4196 Additions Adult Juvenile Easy Books Total - Gifts 57 -- 1 58 Purchases 66 10 it 107 - Total Additions ... 165 Remedial and Re -worked Books Adult Juvenile Easy Hooks AV Total ' 72 10 21 1 104 Interlibrary Loans Ordered Received Returned Books 45 65 81 AV 39 31 26 ' - Interlibrary Loans by our Library Books Records Films . 49 13 36 - -- Volunteers - Nudber 33 Total Hours 464 i Income Pines and Sale Books 615.05 Lost or Damaged Books 73.31 Xerox 108.00 Donations --- Total Income for November, 2985... $796.36 f i i a I i 4, i i - ;-a i -Al . I I. . i www eommundy &Mty A PUMUC LINIIMIV IN 69IIYIOL NINOL 1640 163 Main Street Loop KENA1, AL,ASKA 99611 Library Cards Issued November 1985 Kenai ng Clam Mdch 3 Homer 1 Kseilof 9 Ninilohik 1 Nikiski 8 Sexard 1 Soldotns 32 Sterling 1 175 Library Patronage... 59030 Persons a n , i� . Q 4` CITY OF W 210 FIDALOO KBNAI, TELEPHONE 203.7030 December 12, 1985 State of Alaska DOT/PF Mr. Murph O'Brien Pouch 196900 Anchorage, Alaska 99519-6900 SUBJECT: TRAFFIC SIGNAL AT AIRPORT WAY AND THE KENAI SPUR HIGHWAY Dear Mr. O'Briens Please find enclosed the requested information concerning the future traffic congestion at Airport Way and the Kenai Spur Highway. As you can see from the enclosed map, there is quite a bit of construction activity both planned and presently under construction. 1. FRED MEYER - Enclosed is the general information sheet and a site p en for the future Fred Meyer's retail store. It is the City's understanding that this complex will also include a McDonalds. The City was also told that the size of the building has been increased to 150,000 square Pest. Most of the site work has been completed for this installation. 2. MR. D's - Enclosed is a site plan of the proposed res aurant/motel and retail office area known as Mr. D's. Most of the site work has been completed on this project and concrete foundations have been started. 3. KENAI PLAZA - Enclosed is a copy of the site plan for Kenai Plaza, a shopping mall, part of which is presently under construction. The 7-11 store next to Walker Lane is completed and operating, and the 329000 square foot building, shown as part of the actual mail, is presently under construction. 0 tc 0 0 0 0 4. HOMER ELECTRIC ASSOCIATION (HEA) - Enclosed is a site plan of e new HCA Districtoffices. The site work for this construction has pretty much been completed. S. EXISTING OPERATING BUSINESSES - Other existing businesses that are opdratlnq In this area are the Kenai Bowling Alley, Dairy Queen, and Craycroft Chrysler. 6. POSSIBLE FUTURE BUSINESSES A. Restaurant/motel located next to Craycroft Chrysler is being built. The alto work has been started and the building is expected to be completed next spring. B. There has been a request for additional commercial property next to this restaurant/motel. C. There has been a request for a Pizza Hut to be located on Walker Lane and the Spur Highway. 7. OTHER CONSIDERATIONS A. Marathon Road, next to Craycroft Chrysler, and Mr. D's is the main entrance into the Swenson River Oil Fields. This road is used by the oil industry, not only workers, but all transport trucks. B. Kenai Municipal Airport, located at the end of Airport Way, is an extreme...y high -use facility, being used not only for passenger transportation, but also for freight. Kenai Municipal Airport has been considered the fourth busiest airport in the State. Besides passenger travel, a considerable amount of freight is hauled through the eirport, including oil related freight and seasonal fish hauling. If there is any other further information that you need concerning this intersection, please feel free to contact me at your convenience. Ale*, please do not forget our request that the State take a very serious look at lowering the speed limit to 35 miles per hour out toward the Kenai High School. As you recall, this request wee made at our recent meeting in Seward, along with many previous requests. Sincerely, Keith Kornelis, Director Department of Public Works KK/ow Enclosures I. w P i i i i = • J O ire 211 44, In d*. lip ROAD. . . .................................. PIMA of 14 IF* q6 %011111 i ul S GENERAL INFORMATION TYPE OF FACILITY: FRED MBYLA. AiTTA11.5To0ag CODER: BUILDINGCODE(S): JgBZ u.&CO ZOININO ORDINANCE: 4 TY01! IGM�I1 • P �r,ICy !�?�pAIING Lppd„ LAND USE ZONE: CAi CONSTRUCTION TYPE(8): Ir W OCCUPANCY GROUP(S): b0• fuel ell Over 10%) FiAE 6PkP4KLCH: FULLY IAI NONE U PARTIAL U IOb % PARKING: STANDARD REQUIRED...... STANDARD PROVIDED...... COMPACT REQUIRED....... __ COMPACT PROVIDED....... HANDICAPPED REQUIRED HANDICAPPED PROVIDED.._.._,__ TOTAL REQUIRED........... S &- b TOTAL PROVIDED..... I ... 0. 10 7 PARKING RATIO 5• S 2 SPACES/ 100080, FT. GROSS FLOOR AREA ❑ NOT APPLICABLE , AREACOMPUTA'IONS: BUILDING: AREA 160, FT.) % OF SITE GROUND FLOOR (Prime use) ......................... ...... n ;Gb CFM P01296L) TENANT(S)................................................ TOTALGROUND FLOOR (Enclosed) ........................ IZ��.IyO OTHER FLOORS: BASEMENT... ............................... _ MEZZANINE(S)................................ b Znd. FLOOR ................................ /lyfi ADDITIONAL FLOOR(S)......................... p D TOTALBUILDING (Enclosed) ............................... IwIva X000, ROOFAREA ................................. �� z LANDSCAPING: PLANTINGAREA.......................................... fta PEDESTRIAN AREA ........................................ 16. 90 TOTALLANDSCAPEAREA................................. yZ.41k0 PAVING................................................... see Il t0 . Z FM PARCEL ............. t 11� , 1127 ACRES) 01a (09 S 5F TENANT PARCELIS)...... ( 1 • ZO ACRES) 7 y 21, SF UNDEVELOPED AREA(S). (-� ACRES) TOTALSITE..:...........r.�}7 ACRES)IfOI�S- 113 SF r �. W `1 / 1 Mlbi � psvd�oPMENT 1 ..�� R w cwy r�•,oN I6 4A IM�� oaF�lrw�y�PRw1 AFL i P�fE 4w'AWw��Ai� f. i wigs Thie plot will eppeor distorted due to the original eta of the p:at�,he orlg:..,.. will be evelleble at the meeting, e�1 + Thto plot ay chonge as It will be going; baton the plenning Coei:meto� V/11 due to cola ahayMe by eh• d.veloper. a final plan will be available f of the mooting. Y Pheft t ind ita ed by brokth Mw III fill I'll 11111111 T= I aif'3 'i - P.H.. PORE HTGRAHT L.P. LIGHT PM MGTEE tE/w A� 1GNING . GENERAL CONMERCIAL 1=0 1.0141111111 &*HAM ELECTRIC. NATURAL W, ago. RATEII TELEPHONE ALONG THE LENGTH OP In PRGIECT OWNER & MATEAI IN EAIEMRNIt EATER TAKE - I1'410' 11RLON IRE SURFACE SOILS - COARSE RANG TIGHTLY IACNEG E' ETLOM NMACE G/ iWJIL PRMERIV TAR RATE . 1.E1 MILE ..,,,.r •:f tn=- LOT A-1 is mG EO LOT A-1 Ef;.pG m R (E.TI A) LOT A.T I1.I00 W n LOT &I It, Im 40 PT `L.,' i'. LOT 0-1 Win SO n (E.EI AI -- "... _... ...'- LOT /.1 Is"m 50 PT I sty. 1e- rat ��.�► S r �}' r-1 I�Fi 1 ��T �LI J.,' �.Y r � r t � �. • � y Ei, �, . J+ 1 . - ... CET _ rn' .; ` .£?'. - '_i,. i - •s; ;»x :.<.4' ; i;� s f'FyjN "tom ;��.• yr: •�. ., •,i• ., s4•,. r' r'llflr•� v� � •• .�tti�ri •s fLm � S'FOrG as hy pa�,�,o1ud i KENAI PLAZA r.w.. .... Z.d. ..r..rw. LL w�.r PLOT PLAN woos Fell. 6 01 G T4D V�vptjmmww esijo.ift-V • � ! I ( � ( I � � I I ( I �I \, '1 ;: �r•• +,..�......��,t�::.t�w; : at•r'`.�.. ... �t�'' =;tm� f J-1 J j CIO t!. ........... J 11 1 ;fh, � r �... 7A M1 �' r i I I i I t f r i LTJ)IFG "A" Ol3COPA!' "t Gnoup 82 Bl COIqb'L4ttIC' wzl We V" Ixti FLOOR AMPA l4v250 A.P. 17,239 SX, FLOM )UM AtwlfED 16,000 S.I. 18,OOU n.r. TIMING One OCC[lPAR'CY Grow 81 Z9iPE OF C-ov RGCTION wl 1'LOOR ARID! 5,976 B.D. PrAm Anta MCI ED 12,000 S.F. MDTtM "C" . OCCOPAt:C7t Glow 112 SIPS OF cm, s itOOTION Vt! FLOOR ARL�A 576 8.7. FMOR M M ALLO'M 2,500 E. P. YLDIt:Q "D" OCCURIVICY GROOB 114 •i'YPE OF Vti KWR Wm 3,750 B.F. CJ',= AREA AWitXIlED 5,100 S.P. MI~'Itigr* CBM:St THE LATEST PQBLISSED EDITION OR STATUTE ADOPTED EDITION OF TOE FOLLI7IMS 1. WJVORA SOILUM CODE 2. 11MONAL EGiR;TRICAL CODE 3. MWOM Pt.1RM31M CODE 0. ONIFOM rAt UMCAL 008 5. A.S.0A.1.E. 90-75 AS APPLICABLE FOR ALSM 6. 117ATIOM PnE CODS, VOLMLMS 1-10 7. P,ifWCIAN MMOFIAB SWIDAAD FOR IMiC M SUILDIMS AID FACILITIES ACCESSIBLE TO AM 00AWA Sr M OXCALLY lawlCABPIn PLAMIS (ANSI M 17.i, 2980, AS MM2D BY TSE On= OF MMAR, DIrP1ltiTbO-M OF �TMID PUBLIC PACILITIE0. ) f� l 1arr.r- 1 USDOPOriRl I Alaskan Region 701 C Street. BAr 14 of umportonon Anchorage. Alaska Woml Av10Non 99613 :Administrotlon 0 M December 10, 1985 Mr. William J. Brighton City Manager City of Kenai 210 Fidelgo Kenai, Alaska 99611 Dear Mr. Brighton: Kenai Airport Leases Based on your submission to us on November 14, 1985, we have determined that the airport space leases between the City of Kenai and ERA, SCA, and AAI, as modified by Amendment No. 1, would be fair and reasonable within the meaning of 49 U.S.C. Section 2210(a)(1). Therefore, as stated in Mr. Cushman's telephone conversation with Randy Ernst last week, we have no objection to the leases as amended. We have advised ERA by letter of our position. A copy of our letter to ERA Helicopters, Inc., is enclosed. Sincerely, Roble B. Strickland Manager, Airports Division Enclosure �''�� •••'� Edward Warren: First American Atoll i 1 w • . g W f . December 2, 1985 Mr. Jack Birmingham Vice President & General Counsel BRA Helicopters, Inc. 6160 S. Airpsrk Drive Anchorage, At 99502 Dear Mr. Birmingham: Kenai Airport Lease , We have recently been advised by the City of Kenai that the City has decided to amend its lease with ERA Helicopters. This amendment modifies the insurance and indemnification Obligations of ERA Helicopters through the inclusion of a new section 14A to the Jesse agreement. Our review of the peeposed amendment to the lease leads us to conclude that a lease for the terms and conditions now required by the City could no longer be sold to be unfair or unreasonable within the meaning of 49 O.S.C. section 2210(s)(1). 1 am enclosing a copy of the City#$ letter to us responding to ERA$s complaint as well as a copy of the subject amendment to the lease. We trust that this satisfactorily addresses the concerns expressed in your letter of November 8, 1985. sincerely, Roble Strickland H6pneger, Airports Division r M r. . S . r 0 r CITY OF KENAI 10 d Caplial 4 4" 210 PW"o KaNAb a"" 0Dif1 TBLBPMONIM-75n November 14, 1985 Mr. Steven Kurth, P.E. Acting Manager Safety and Standards Branch Federal Aviation Administration 701 "C" Street, Box 14 Anchorage, Alaska 99513 Res November 8, 1985 Letter to Bill Brighton, City of Kenai ERA Helicopters Deer Mr. Kurths Bill Brighton has just brought to my attention your November 8, 1985 letter regarding the -ERA Helicopter lease discussions now in progress. Because the legal department has been very much Involved in this controversy and because you ask for what the City's position is on several legal points, I thought it best for this department to respond. By way of background, I think you should be aware of several points. First, ERA has been without a lease since 3uly 1, 1985. During this time, the City has been facing considerable exposure to liability if an accident were to occur. Second, a ten-day notice to quit the premises was served on ERA, but no Forcible Entry and Detainer action (eviction) has been filed. Third, discussions have been ongoing with ERA and Southcentral Air (SCA) regarding the indemnification agreement. AA1 signed their agreement in a timely manner and SCA signed corporately but not individually. ERA's contention that the subject lease is not fair within the meaning of 49 USC 2210 (a)(1) is groundless. 49 USC 2210(a)(1) essentially requires that all fixed -base tenants making similar 1 rti � z� 1A use of the facilities, receive equal treatment as to rates, fees, rentals, rules, regulations, and conditions. The Statute speaks in terms of carriers making similar use of the facility. In this case, we have three similar users; AAI, SCA and ERA. Initially, the City required all three to sign a lease containing an Indemnification agreement. AAI signed and SCA signed in their corporate capacity. ERA refused to sign. Every carrier in the Class was treated equally. It is only ERA which has caused us to treat anyone differently. The only different treatment we have given ERA has been the courtesy of entering into discussions about changing the Indemnification provision; discussions in which SCA has been Involved. Should changes come about that are mutually beneficial, we would then, under the restrictions of 49 USC 2210(a)(1), be required to offer a lease amendment to both SCA and AAI. From my perspective, to let ERA remain at the Terminal without a lease is in violation of 49 USC 2210(a)(1), because WO are essentially discriminating against SCA and AAI by giving ERA this privilege of remaining on -premises without a lease. At this point, I have retained outside counsel to provide a escond opinion as to the propriety of our requiring Indemnification. Pending that determination and timely responee from your agency to this letter, I will withhold filing of ourj eviction procedure. In your letter you specifically asked whether the City felt that the principles set forth in Northwest Airlines Inc. v. Alaska Airlines, 351 F.2d 253 (1965 and Kuhn v. State, 692 P. d Z 1 T19043t-are applicable to a datermT-nation as to whether the terms of the lease are fair and reasonable. There can be no question that these cases control issues of indemnification and reasonableness in this case. The question is, to what effect? Both Northwest Airlines and Kuhn discuss the public duty exception to IndemnifiFation agreements. Succinctly stated, the exception to the rule that indemnity clauses for an indemnitee'e own negligence are enforceable, is, "cases where the indemnity clause tends to promote a breach of a duty owing to the public at large." Recognizing this exception, the City, on November 5, 1985, asked ERA to look at a proposal for a lease amendment which the City felt would bring the indemnification clause into line with Kuhn. I have attached that proposed amendment. As you can see, the City only asked ERA to indemnify it in relation to operations of loading and off-loading passengers, taxiing, flying and cargo operations. p. I rr � r if 2 At n * r l 6 The effect of Kuhn is to limit indemnification to those areas where the City=oes not have a public duty to be free from negligence. The operations we have asked ERA to indemnify us for do not, in my opinion, intrude onto those arose which would cause the City to be any less diligent in maintaining safe conditions for the public. Because these operations are within the control of ERA, it is the City's position that it can require indemnification. The scenario that Rnmga to m4nA 1O Fibs a1 /w wwd fall i►Gjn V��C pjnna'e r .... steps. Any attorney is going to join the City in the suit against ERA for the obvious reason; deep pockets. Even though the plaintiff never touched the tarmac, the City would be - required to defend, absent an indemnification agreement. Like ERA, the City is also interested in avoiding a "claims history," whether these claims are based on real negligence or baseless. I trust this answers some of your questions and I will look forward to hearing from you. Sincerely, CIT F I i im oqPra Attorney TR/cl f 1 I . i�. rtF. e; r •r, 4 .. 5 �a- C ` 10400149 C"Anowv COY OF 9WAI , e •err .e•v •wtuw,w NAM AMENDMENT N0. 1 TO LCABE Of AIRPORT FACILITIES This AMENDMENT NO. 1 to LEASE of AIRPORT fACILITIES, (thin "Amendment") in entered so of July 1. 1905, by and between the CITY Of KENAI (the "City") and ERA HELICOPTERS, INC. ("Lessee"). RECITALS A. Losses nse ieeseo pertain o►rlos space ono cicksi counter space at the Kenai Municipal Airport from the City, offactive as of July 1, 1986. 9. Conourrently with the execution of this Amendment, the City and Lasses have executed that certain Lease of Airport faallltles, doted , 1985 (the "Lass#*). C. The City and Lessee wish to amend the Loss& as set forth In this Amendment. This Amendment has all requisite approval of the Kenai City Council. NOW, THEREFORE, the City and Losses agree as follows 1. The Lease is hereby amended to Include a now Section 0.14A, met forth below, immediately after Section 0.14. 14A. ALLOCATION Of RTSK ANO RESPON8181L1TY� NoCwitA:tsn nqq any lncona s� ieni or contrary pro viaion contained In Section 0.14 abovs, in Section 0.19 below, or elsewhere in the Lease, the provisions contained in this Section 0.14A shall control. As between Lessee and the City, any liability for loos of help emanating from use of the auto perking lot or tormin:l counter space, whether such lose or harm is suffered by either party or any third patty, shall be allocated on the basis of Pr000rtionste responsibility, as in doctrines of puts comparative negligence and pure comparative contribution. Lessee's indemnification and incurenea obligations under $action 0.14 above shall be limited to Lessee's loading end off-loading of passengers and cargo, toxiing, and flying. 2. The word:. •provided In item 32 hereof," at the end of Section 0.2 of the lo#so, are hereby deleted. IN MINE$$ WHEREOF, the City and Lessee have executed this Amendment as of the date first set forth above. MOM CITY Of KENAI 8y m. a-e-6-ri-9wton City Manager �I ti 9 .l LESSEE t INDIVIOUALLyi ERA HELICOPTERS, INC. Name 8yt UQVId L. BOUMM-8tor President Nose STATE Of ALASKA ) 1*a THIRD JUDICIAL DISTRICT ) THIS 18 TO CERTtfy that on this day of , 1905, , indi-Muolly as we oe n his fsVrG99ntst1vs oapoo ty, being personally known to me or having produced satisfactory evidence of identification, appeared before me and eaknowledged the voluntary and authorised execution of the foregoing instrument. pary Public for Alaska Commission Expires$ STATE Of ALASKA ) THIRD JUDICIAL DISTRICT )ss THIS IS TO CERTIfy that on this day of , 196), , Individually sa we ee n his Mfflentative capacity, being personally known to me or having produced satisfactory evidence of idsntifiastionp appeared before .. _ me and soknowiedeed the voluntary and authorised execution of the foregoing instrument. Notary uo 0 for Alaska Hy Commission Expirest STATE Of ALASKA r THIRD JUDICIAL DISTRICT ;ss _ o THIS IS TO CERTtfy that on this day of , 1900, biLLIAN J. BRIGHTON. City Manager of the City or Kenai# Alaska. being personally known to me or having produced satisfactory evidence of identificstion, appeared before me and v acknowledged the voluntary and authorised execution of the t foregoing instrument on behalf of said City. 'iNotary Public for Alaska __.._ My Commission Expires$ ti 0 -- - - _ - � '-- - - - -- t •;nab---'—"'"'--- -- - .. ----'---- _ _ -- "'.*- . . ERA HELICOPTERS, INC. W51 WESTHEIMER • SUITE 1900 P 0 BOX 60149 8160SOUTH AIRPARK ORIVE HOUSTON, TEXAS 77050 FAIRBANKS, ALASKA 99701 ANCHORAGE, ALASKA M502 TELEPHONE 713 621.7800 TELEPHONE 907 452.1838 TELEPHONE 007 249,4422 e.e PLEASE REPLY TO - November 11, 1985 Anchorage "NO DELIVERY Tim Rogers, Esq. City Attorney City of Kenai Kenai, Alaska 99611 luey Res Kenai Airport Terminal Lease 07.1 Dear Tim, r_ r This follows our telephone conversation last Thursday. After our colloquy at the City Council meeting Wednesday, I (� became concerned that perhaps ERA's views on the City's Air- port Terminal Lease were not fully understood. Accordingly, this letter is my attempt to explain our position in greater , detail. Through the form of Lease drafted by your office, the ' City is seeking indemnification and insurance coverage, at i the risk and expense of tenant air carriers, &gainst the City's own negligence on the Airport (Sections D. 14 and D. 29). we believe this is fundamentally unfair, and unenlightened busi- ness practice as well. We believe our views are shared by All scheduled carriers serving Kenai, as well as other tenants at the Airport. Y..,i From a business and policy standpoint, we believe the City should stand responsible for its own negligence, maintain appro- priate insurance coverage, and recover the costs of insurance _ through the rates and fees it charges Airport users. This would better promote overall safety, as it would provide an incentive for the City to continuously monitor, manage and improve its - safety programs and performance. See, ems., Kuhn v. State, . 692 P.2d 261 (Ak. 1984). It would-BaTso more =arly spread the risks among all users of the Airport. Finally, it would not cost the City a dime. Mr. Baldwin made these points well and eloquently in his presentation to the City Council on behalf of Southcentral Air last Wednesday, November 6, 1985. 1 i r. I f • *Tim Rogers, Esq. City of Kenai November 11, 1965 Page Two If a number of Airport tenants agreed to Section D.14, the City could choose among them and unilaterally decide which tenant would be liable for the City's misconduct in a given case. Section D.14 is so broadly written that the City could theoreti- cally choose the Airport restaurant to pay for injuries suffered by one of its customers out on the ramp. If only the City's mis- conduct were involved, the restaurant would be stuck, with no recourse against any other party. The Citv should find these business am pnl ini ar�,mgn*a sufficient in and of themselves to require changes in the Lease. If more persuasion is needed, however, there are legal grounds that support our position. As a condition to receiving federal funding, the City is required by federal law to make the Airport "...available for public use on fair and reasonable terms and without unjust discrimination...." 49 U.S.C. SUction 2210 a emp as s added). See also A8 0 .15.090. The City's exculpatory provisions are 75 damentally unfair and unreasonable, and, we suggest, against public policy. Kuhn v. State, supra. Moreover, they are dis- criminatory, since they are Bing imposed only on the three air carriers who happen to be leasing ticket counter space. They are not being imposed on all carriers that use the Air- port. As you know, we have alerted the FAA to our concerns 1% in the hope they might assist all parties in resolving this mat- ter. Against this backdrop, you can see our disappointment with your counterproposal of November Sth. You have attempted to retain full indemnity in the major risk areas --the ramp, taxi- ways and runway. Nor do we take any comfort from your suggestion that we sign the Lease and trust to the Kuhn doctrine to seek relief in court later if an incident occurs. It is not our practice to sign agreements with a view to later contesting their valid- ity. We continue to believe that the fairest approach to all concerned is to allocate responsibility on the basis of propor- tionate fault --as we have suggested in our August 7th presenta- tion to the City Council and in our November lot proposal to you. This is the approach accepted by the State for implementa- tion at the Anchorage International Airport. In your memoran- dum to the City Council dated August 27, 1985, you imply that this was the result of a "bargaining chip held by the airlines" having to do with bond ratings. I was at those negotiations, and I heard no mention of any such "bargaining chip". Rather, W n e � 9 4 ' Tim Rogers, Esq. � City of Kenai November ll, 1985 Page Three I loft with the impression that the State representatives were persuaded by the essential fairness of our position. As I mentioned on the phone last Thursday, there is now a possibility of the currant lease rates becoming an issue. You may wish to review Indianapolis Air ort Authorit V. American Airlines, Ina., et a ., 3 .2 2 t C r. 984). One minoraspect of the Lease deserves brief mention. I Am Resu-ming that you d- not seriously 0**PQC4* a CQrpCoi;& .iYfi the size of ERA to designate a person to enter the Lease "individually". If I am wrong, please advise us of your reasoning. We look forward to meeting with you at the work session on November 19th, So that we may be prepared, please furnish us with copies of the City's insurance policies covering the Airport, In addition, please furnish us with a schedule of all rates and fees charged to users at the Airport and a breakdown of last year's income and expenses by cost center j for all Airport operations. jSincerely, ji /ack Birmingha Vice President General Counsel , JBsmd act Mr. William J. Brighton, City Manager r' r. � H BURR,PEASE $ KURTZ C. L.ARNCLL A PRO►COOIONAL CORPORATION 1013.1050 CHARLES A. PLYNN ARDCN C. PAOC D.A. DURR RICHARD A. HELM L.B. NURTI, JR. NCLOON O. PAOC THEODORE M. PCAOC. JR. 90WARD O, OURTON RONALD H.000DCY ANN C. LIOURO THOMAO L,MCACHAM J. W. OCOWICN JOHN C.OICMCRO RU80CLLVN D.CARRUTH RALPH C,OUCRRC NRIOTI A.NXLBON UARDARA A.NORR10 DAVID M.TRAVCROI November 19, 1985 010 N STRCICT ANCHORACC, ALASKA 00501 (007)876.6100 TCL9X:(000)06•408 T. J. Rogers, Esq, Citv Attornev CITY OF KENAI P.O. Box 580 Kenai, Alaska 99612 Res Kenai Airport Leases Our File No. 269 5-1 Dear Tim: I have reviewed the materials which you provided to me and have refreshed myself with some minimal review of the Alaska Indemnity decisions. This letter will provide ( you with a short version of my opinions concerning the lease. I would be happy to expand upon my opinions if you, after reviewing this letter, would like to do so. INDEMNIFICATION In a line of cases commencing with Manson-Osbe_rg v. State, 552 P.2d 654 (Alaska 1976), the Ala e�ke supreme Court hee taken the commercially sensible position that an unambiguous indemnity clause will be enforced even for claims arising out of an indemnitee's own negligence. The Supreme Court's discussion in State v. Morrie, 555 P.2d 1216 (Alaska 1976), and the "period prov e y ANOCO Production Co. v. W. C. Church, 580 P.2d 697 (Alaska 19TM, are sug- — gested for your review. The Alaska Supreme Court has also recognized a so-called "public duty exception" to this gen- eral prorosition. Discussion of this exception is contained in Manson-Osbera v. State, ,su�ra., , Stephan & Sons Inc. v. Munif-a t o rs e Ana o, ,,29 P.2tAlaaka 19311 an Kuhn v. ate, P. 61 (Alaska 1984). A seminal case concern ng the public duty exception is Northwest (D.C.Aiaska 1972). Reduced to simple language, the "public duty exception" makes an otherwise enforceable indemnity clause unenforceable on the basis of public policy if the . 14 R 0�525?5��? or I M y. . , Page Two November 19, 1985 claim for which indemnity is sought arises out of duty owed by the indemnitee to the public at large. As stated by the Alaska Supreme Ceurt an w nimha_w of occasions, indemnity clause@ are not strange or unique in today's commercial environment. Use of such clauses is standard in situations where an entity's liability may flow from omissions causally intertwined with the active negli- gence of another entity with hands-on responsibility for work. In the private sector, owners of property upon which work is to be performed by contractors routinely include such provisions in their contracts. In this particular instance, the indemnity Inoue is clouded to the extent that the City may have duties owed to the public at large. I have not had sufficient time to review Alaska statutes and regulations which might create such a duty. If such a duty exists, indemnification of the City for breaches of that duty would be unenforceable. Consequently, It is my opinion that the proposed indemnification clause should contain a proviso to the general effect that indemnification of the City shall not be required to the extent that the claim against the City arises solely out of acts or omissions of the City allegedly constituting the breach of a duty owed by the City to the public at large. Any retreat from an indem- nification provision as above outlined would be made for reasons other than legal impermissibility. INSURANCE I am aware of no Alaska case taking the position that a contract provision requiring specified insurance with certain limits and requiring that one party be named as an additional insured with waiver of subrogation on the required insurance is legally impermissible. Such contract provisions are common and do no more than to allocate the insurance expense between the contracting parties. Such provisions have additional value to the extent that the clauses place the ultimate risk of loss upon the insurers and preclude numerous potential claims between the principals to a contract. The expense of risk allocation to accomplished in considered fashion by the agreement to pay premiums rather than established in the event of a claim as a consequence of litigation. Again, the inclusion of an Insurance clause is appropriate. 0 4` -------------- page Three November 19, 1985 i hope that the foregoing meets Your needs. Any comments or questions you may have are solicited. - VOM tru iy,&Ouars.#+ URR PEAS & KORTZ e . ASP/mat =I d' t.a t 1 s' CITY OF KENAI "Od eaad-at 4 4"„ I110 PIDAL00 KINAI, A6AlU 9N11 T!LlPMOtt! 9W • 1 / ) MEMORANDUM FROM1 ogere, Attorney i y f Kenai TO1 Councilmembere City of Kenai DATEi December 12, 1965 RES Informational/Agenda Items CANNERY LOOP UNIT AGREEMENTS At the loot Council meeting the Council requested that I look into the unit agreements for the Cannery Loop area to determine what the City'e royalties might be. This department first contacted Kay Brown at the Department of Natural Resources to determine the statue of the Cannery Loop project. Her Feeling was that the Loop unit was,..still in the planning stages and S directed us to Case Ariey, a petroleum geologist working in the Division of Oil and Gas For the Department of Natural Resources (DNR). From the discussions with Coss Ariey, it has been determined that nothing hoe been concretely decided as yet on the Cannery Loop unit. The DNR hopes that within the next Few months a decision will be reached. The problem with the unit area is that no one can agree on whet the boundaries of it should be. This is one of the first instances where the unit lead company (Union Oil) went to the State proposing a different area then what was proposed by the unit owners. Apparently, it has come down to the point where the State is going to have to decide the boundaries of the unit. The reason for this is that there are only two wells presently drilled on the unit area and that those wells do not provide enough date to accurately map the boundaries of the unit. 0 i' i f i i i i f .f The aim of the ONR is to limit the boundaries to the reasonable estimate of productivity, i.e., those properties overlaying estimates of where gas would l.ie. Union Oil wants to start production within six months to one year, however, at least ninety days must elapse after the unit is fully enacted before production may start under State regulation. In order to insure the City's interest in the unit, we are sending a map of City lands within the proposed unit to the Division of Oil aAu' uno Lu JuLermliie whu may ur mey not have subsurface rights. It is hoped that within the next few months that more information will be available. LAWTON ACRES I have reviewed my memo of November 69 1985 (a copy attached), and again conclude that the Council's acted properly in addressing this rezoning issue. The City code does not require that 51% of the land owners be present to sign in order for a rezone to be initiated. It is only necessary that the City Council initiate a rezone. On an appeal from a decision of the Planning and Zoning Commission, the Council does in fact act as a reviewing body. CANAOAY SHORE LEASE Mr. Censday requested that the City give him a renewal clause in his shore fishery lease as was provided under the old State system. Research by this department indicates that the City dose not have to give such a renewal under the instrument which originally deeded these shore tracts to us. In these coops, we felt that it would be reasonable to have a shore fishery renewal clause, however, we are requiring that at the time for renewal there will be a redetermination of fair market value and a consequential increase or decrease in the rent of the shore fishery losses I am proposing that we use the some renewal clause for all future shore fishery lessee and hence I am giving the Council an opportunity to approve this form for this and future cases. TR/clf Attachment 4 — 1W —Qe 1 4 CITY OF KENAI fit %Od 0ap" aj 4" 210PIpAL00TILWMOKRNAhALli/9f •UM Nit1 j ENO MEMORANDUM KO1II grRolgaror Attorney f Kenai TOs Councilmembere City of Kenai DATES November 6, 1985 REs., Spur Highway Conservation Lando The broad question asked is what procedures the Council needs to follow in order to eventually sell certain conservation lands along the Spur Highway. More specifically, the questions ores 1) What problems could arise if the City's attempts to petition for a rezone of land when the City is the owner of the land. 2) Is it possible for the City to sign the petition in a limited capacity for the purposee,of initiating public hearings on the rezone. The second question aseumee the property is rezoned and the City decided to sell the property. Another question is, could the City in the ordinance that declares the property not needed for public purpose, in light of the fact that there are competitive interests in the land, make provision in the ordinance deleting broker's commissions and the offset bid option. FACTUAL BACKGROUND The property in question borders the Spur Highway across from Croycroft Chrysler and is generally described so Lawton Acres. Much of the property was originally in conservation zone, while pert of it wee in suburban residential zone. Later in August 1984, the property was rezoned to conservation. At that ru 1 } 1 � . ; U .,4., time the City Master Plan reflected a conservation zone for that particular area. Since that time there has been a new recommended comprehensive plan in which this particular conservation area has been zoned as a commercial zone. Considerable interest has been expressed in the purchase of this property by various groups. One well known proposal includes the placing of a Pizza Nut on that property. Other proposals have included medical facilities. DISCUSSION Kenai Municipal Code (KMC) Section 14.20.270 provides the procedures which need to be followed to amend the official zoning map. Subparagraph b of 14.20.270 provides that amendments to the Kenai Zoning Code and the official map may be initiated by the Kenai City Council, the Kenai Advisory Planning & Zoning , Commission (P&Z); submission of a petition by a majority of the v property owners in the area to be rezoned; submission of a petition bearing the signatures of fifty registered voters within *� the City of Kenai; submission of a petition so provided by the , Charter of the City of Kenai. This section of the Code makes it fairly clear that the City could, on its own initiative, simply request a zone change. Additionally, the City could, as the majority property owner in s: the area to be rezoned (there only being one area in r consideration for rezone), submit a petition signed by the City ' Manager. 1 would conclude that based on the KMC there is no impediment to the City initiating a zone change. There are a number of other hurdles which would have to be cleared before the petition could be considered. Under subparagraph b(2) of 14,20.270, amendments to the official zoning map are only to be considered if the area to be rezoned contains a minimum of one (1) acre. Under subparagraph 3, the proposed amendment will not be considered if substantially the same proposed amendment wee submitted within the previous nine months and was not approved at that time. In this case, the area to be rezoned does exceed one (1) acre and the proposed amendment has not been considered in the previous nine months and therefore I would conclude that these two items are not an impediment to a rezone of this property. Some maintain this area should be in accordance with the Comprehensive Plan that has been adopted. In at least one New York case, failure to rezone in accordance with the comprehensive plan invalidated a rezone. See Northeastern Environmental r Developers, Inc. v. Town of Colonist 42Z,NY 5up.2d 144 (1979). es 2 00) It would probably be in the City's beat interest to rezone this property if a sale wee contemplated. Because the property is currently zoned conservation, any attempt to sell the property would face a severely depressed appraisal because of the non -buildable zoning. The City could sell the land before rezoning it and let any developer take their chances with the rezone. However, this would not be to the City's best fiscal benefit. Another impediment to rezone enA oelo might ho fhof hefnro emu City land can be Bold, the Council must first make a finding and pass an ordinance that the property is not needed for public purpose (KMC 22.05.050). The question may be raised whether the fact that the property is currently zoned as conservation is prime facie evidence of a need of the land for public purpose. This memo is being prepared on short notice and I have been unable to find any cases regarding this issue. I have instructed the legal assistant to research the matter and should have more on this at a later date. One final point which needs to be addressed is the actual sale. The question has arisen whether or not the Council could, in the ordinance which declares the property as not being needed for public purpose, also insist that the offset preference bid not be given and that any reel estate commissions not apply in this case due to the competitive interests in this land by different parties. The commission question is more easily answered and I will deal with that first. I have previously concluded that in a case where the City is selling land to a lessee, that no commission to a broker would be appropriate. See memo regarding Fred Meyer sale . In that memo I examined the intent of the Kenai Municipal Code provision allowing for commissions and concluded that it was not the intent of the City to provide commissions in cases where the broker did not actually have to bring in a buyer. The situation in this case would be very analogous in that the property is well known by several competing interests and there would be certainly no problem getting a buyer in this case. Such being the case, I see little reason to allow a commission in this case. The simple way to avoid any problem with this would be to actually make such a provision a part of the ordinance declaring the property not needed for public purpose. The question of whether the Council may suspend the offset bid option by ordinance is more difficult question. KMC 22.05.040(b)(6) provides for the offset bid option. The offset bid option only applies to sealed bids. Accordingly, the simplest way to avoid having to use the offset bid option would be to sell the land by public outcry auction or sealed bid. This r. K11 h would probably in the beet interest of the City becouae ouch auctions would tend to bring a higher value for the land and given the amount of competitive interest in this particular parcel, would more likely bring a higher value. If the City wanted to conduct the sale by sealed bid and still did not wish to allow an offset bid option because of the possibility that the price would be deflated, the City could, when it passed the ordinance declaring the land unnecessary for notht in neirnnan; 91 oA place a provision in thef ordi .ancc 11aL • r -r -. r+��� provision .• a •rr r �n o..YY Y./qY given the competitive interest in this particular piece of property, that no offset bid option will be allowed. The Council should make specific findings to support this position . TR/clf 4 r. r) r- w � ti 8 i 0 KEN AI PENINBULA BOROUGH BOARD Or ADJUSTMENT AND REOULAR ASSEMBLY MEETI 6� 691011I�� SOKOUGH ADHI OH1BUILDING sow w �`I •A08NOA• i r CALL TO ORDER, BOARD Or ADJUSTMENT PRESENTATION FOR NEGOTIATED LAND SALE ON BEHAL► 0!> NLLEN BHEMSSNORTH s «10 c9.oto DECISION or BOARD jwww- • A e UMW NIETIHG Assembly CALL 10 ORDER Nash arms PLIDOE Or ALLEGIANCE Valli Johnson IN90CATIONi Nov. Mark Tutor, Church of the llasarsns Ootio4nr0 ROLL CALL Novel l VACANOT, DESIGNATION OR BEATING w ASSEMSLYME)DER Careeyy Glick APPROVAL or MINUTEST Nov. 19, Dec. !. 1905 Dale haft COMMITTEE REPORT/ 1 1 0 stad MAN (Cl rinsnae (Crawford Corey, rsndet Jobless, Nash) HeLans (b1 Lands/Resources (ikogstad, rand•{. Johnson. Runs Roans Notion) `c) Lents va (Dale. Crawford, more, small skogsted) Cd) Locat ALtaire nMoare. Date, Skol1tteCod. Vella) (N Pubtio Mork ( malt. Breve, Nooahso, NoLeas. • Mullen. Valli) (9) Date Processing (Johnson) • ITEMS CARRIED GVER IROM CNE DECODER ! RRGm" MEETING • t. OONDIMANCEMEARINOB (9) UJI fl'-E���Otit "Rsgutsting the Use of rireworks Based an noes of the Borough Election Notd October t, 1985" (Glick) (g) Ora es.ee "Eatebtishing the Position Of Risk Mena er is ttwoysnsnoe Department for the Purpose of /rovid- ing Risk Management and Safety Services for the Ksust Penins�ulaassorough" (Nsyor) (h)§gM or Alaska Toggling $2,034 Mads bfunds Alaska Favor Authority and Aopropristinsshose rands for Paysont to Dolts Alaska Construotion (Mayor) J. tMODDUyC�TTIIONAoorr MINANCEs (s) oEs ll-91 " Mcinss a Borounb Policy far Right•ef•gsy qua oas" ( Ga6sn/Bassi ) (b) M. n r alai fininsula Hospital Service Area" (McOshen) (a) 2ld, 05•91 "AssadlnR�t Cho sorough Conflict of tnterest name to Probibit Dust service on the Aseaably and Any Borough Board or Genateaton" (MCGahaa/Carey) ME (d) • "Aaftdins lips 2.06.130 to Delta@ when Public en Allowed at soroubb Amiably Hastings (Corey) K. CONSIDESATION Of ASIOLUTIONS inhidlPliiiiiwirteodauidlundeh soroubMaordrM"gami systw (Mayo) (b) n ssoopetonuot A148M Im a stook e(groowwini)Ntsh assIBRUA. Awn CONSENT AGENDA (DEC. 17) (a) g�e"Apppvrovtog the Job Oeoattptton !or Ktek Maser yor) L. OSOtKOCS NEAKtoas (none) i. 1NIMODUCTtON Of OEOINAMCES (.) "Providint for the Ota oral of Certain �taated Lana9 Nitbin Ora Oiiff Subdtvi14 end oaa taint Subdivision and M thin lootiong l� .�and 2! Township 6 NorOttb�,rs�enae t N•et sewerdLM�ee!• ;:U.� 1. Kaattioa iiethe "Noetb i!notnbwliLottiry�� (Mayor) (b) �Ga Ordin of the Kenai Peninsula asw, teams log the lsewnae of ,S ,000 General, Obtiptioa School loads of the Soeausb end ►thins Details of Said fonds (Mayor) (a) �"Avtboriains scroush Patented Lends ie grace 9•1 to �a lelead subdivision Ntt�in sea ttoa tl, t6N 11w, S IN . Alaska, to • tie sad by Ordsnat Ho�eeis@ for a Toss of five tsars" (Mayor) s (d) $�AyNlitlnitnt%eaiston 16 46s �111of1tw• S.q., Ahab• to Rebert L. Felker" (HSI"; K. CONStDESATION OF sssoLtitass (a) %��Authcrisins a Nagottated Lend Sale o e • a rough Patented Lend! Located Mithin seectio 190 TIN, 111W. S.M. to stlon shettteworth" (b) '"iaanafesrin ttOsewsi/Martins lira ce ru funds Lros the Teane[_to Account to moisten"and Operation end Capital Outlay Accounts (Mayor) L. 9=10 LEGISLATION (This it= lists tosiotation Whiab will be addressed at a hear gift u tweeds not for action this mottos (a) Ord. 65-16 "Atsadtns UPS 4.10.020 Regard Resideaay Regaifeaents for Cendidatae feralcreusb Auaably and Service Area loside" (Diftick) M 3•6-16 v- c�- 1� L� AA3��.;;.ST' j I, r I (b) Ord. 65-79 "Rnaotins a New Chapter 14.06 to the SoronpA Code Retti��n-ss Ninim-al Standards for Suds to Is Accepted Into the RPN Rood Naim-tsm-snce System-' (Glick) RRAR 3•16 (a) M. Ss -SO "Rs uirinp Preparation and Distributhon of In orm-stional �roehusas for !allot Propositions Wisick) PORPCNRD 20 1-7.66 (4) See. Se-141 "AppreviaD the Isms of the Agreement lima Horenoe and once Lancashire and the Renal Peninsula Sorouph for the"Aoquisition of 019bo-o •Nay on Sport Lake Road (Mayor) roSTPONRD N. NORMAL PRRSRN MONS NIIR PRIOR NOM UPON BUBXCH NOT ON INS NRRTINO ANM a. 90=1:::?CI (a) Status -- Mobs Drive Project (b) Anchor Point firs Station (e) Rsport on Neal i Co. va. KID O. OTM SUMNRSS P. MSRMT AND PAT*%'$ CONOSMte aMLICCMACO� YpmLY? A IONS VION MAIIRRS NOT A. SWORMAVIONAL NAIRRIA)A AND fMRIS N. MOTTOS a OUT NRRIM AND ADJOURN N (January 70 1966) u a- . • . �r _ 1 0 ZW PO -� ? CITY OF KENAI %od Gap" aG 4"„ 210 PIOAL00 KENAI, ALASKA 01611 TELEPHONE 283. 7836 December 13, 1985 Mr. Ron Rainey Homer Electric Association 36130 Kenai Spur Highway Soldotna, Alaska 99669 SUBJECT: STREET LUMINATION WITHIN THE CITY OF KENAI Dear Mr. Rainey: The following is a summation of events concerning problem areas about street laminations within the City of Kenais 1. New Street Light in the Lake -Marine -Willow Area It is my understanding that the only thing remaining lis a meter to be installed by HEA. In talking with John Vaughn, today, he has assured me that HEA will be working on this prior to the and of next week. 2. Main Street Loop Lighting Again the only thing that is missing or these light.s to be fully operative is a meter which is to be installed by HEA. Mr. Vaughn assured me again that this meter would be installed prior to the end of next week. He explained that hie plans are to use a steamer to thaw the ground to install the lines between the transformer and the meter@. If the City of Kenai can be of any assistance, please feel free to contact us. 3. Installation of 47 New Street -Lights As you know from our many discussions in the past, the City of Kenai will be installing many new street lights this spring. I have been assured by you that we will be able to install these street lights without meters. It is my understanding that we will be charged at an equitable rate for the power consumption until you have received an approved rate from APUC. I understand you might even receive this rate prior to completion of the installation of these street lights. In the past you also said that HEA would be looking at providing a standard for the materials and installation of street lights. As I understand it this standard would be applicable for all areas served by HEA. Please find enclosed the information wit received from City Electric including the General Electric materials' ordering information. please A . `ram®�'"~.« — - - "• ,^ _ _____` i.�___— ------ -_ _� - - - .. _., note that City Electric has recommended a General Electric-400, catalog #C79SN653, with PE Cell, Lexan Lane, and 250 Watt high pressure sodium. AEA may also look at giving the Municipality or developer some flexibility concerning non -maintenance items on the luminaire such as the type of pole (metal vs. treated timber) and length or type of arm. In some areas a treated timber pole may suffice, whereas in others a more formal steel or aluminum pole may fit better. As I understand it, REA was also going to look at different options of where the Municipality or developer would pay for the installation versus REA paying for it and back charging for the installation. 4. Re lacement of Obsolete Street Lights The City was told by KEA that they -would no longsr a providing replacements for the existing street light fixtures and ballasts in the Woodland, Redoubt Terrace,, and Inlet View Subdivisions. The reason for this discontinuance of replacements is because these fixtures and ballasts are no longer available from the manufacturers. The City was told that it would be our responsibility to make these replacements since the originals were no longer manufactured. The City of Kenai went out for bid to furnish and install 59 street light fixtures, ballasts, and lightbulbs in the locations listed above. Luminaires that were specified were General Electric TC-400 R-C691N758, which are 240 Volt and 250 Watt Lucalux, with regular type ballasts. This fixture was specified based on recommendations from City Electric and REA. At the time the fixture was bid, the ballasts were to be capable of multi -volt power source. Unfortunately City Electric has informed us that General Electric no longer makes multi -voltage ballasts. In order to make all the fixtures and ballasts the same throughout the City we have gone to a standard 240 Volt luminaire. As I understand it, some of the areas where the lights will be replaced have a 120 Volt system. I also understand that it is merely a matter of switching some wires in order to switch this 120 Volt system over to 240 Volts; and that it is REA's responsibility to make this change. The City of Kenai is very anxious to get the above problems solved and get the street lights fully operable. If there is anything that we can do, please do not hesitate to contact us. Sincerely, Keith Kornelis, Director Department of public Works KK/ sw r. r I i r I r i i t r {I { `r4{l , y . 5 a , December 13, 1985 :51V Po - 9 CITY OF KENAI " Del 6;dpdd.l °j 4"" MO PIDAL00 KBNA1, ALAAKA 00611 TBLBPMONB 80 - Mg t TOs William J. Brighton, City Manager FORS Council Meeting of December 18, 1985 SUBJECTS Street Illumination at Intersection of Spur Highway and Bridge Access Road After our last Council meeting, I talked with City Electric to see if there was any way they could get the lights in the subject intersection working. I explained to him again that we were very displeased and that I was writing a letter to the Department of Transportation Commissioner as instructed by Council. City Electric informed me that with a little work they would temporarily hot wire the lights. Since they did get all but one of the lights in the intersection working (and after receiving your concurrence) I did not send the letter. My understanding was that the letter was to get some action - lights going, and since the phone call accomplished that end, the letter was not necessary. If we are wrong, I can still send the letter. STATUS (from City Electric) 1) The one light not working in the intersection can not be energized. The conduit was taken out and it will be removed next week. II) The four new larger poles will be in Seattle on December 16th and shipped up as soon as possible III) City Electric hopes to install poles and fixtures during the week of December 23rd (sounds optimistic) KKsjal ,q �-- — --� ',Row"e. .t J, y w . 1 ' I J• - r r ' n 1 Project Priority No. 1 Capital Coats $4,500,000 mow :.✓► - -rr w .w; Mhg1l_I Iw " •�wrir�uZIA bA Existing Conditions The City of Kenai does rot have a aoamsanity center. The area is very active and desires a center to facilttste adsting and fist um wasu pity activities. Proposed Physical noveasatts This Camtsasity Center has beets designed and :edesigssed aseety time in an ef fort to keep the project to a useful but affordable size. The Ccamunity Canter Caamittee has kept the size of the building to 17,500 square feet. Status The City of Kenai has finded $186,000 for the architectural design of the building which is Zte. The City will also filed the purchase of the land which is estimated at $207,000. XWCt Step Prior to Construction: Canetruction funds of $4,500,000 are needed from the State. Factors Affecting Development: Moving of the FAA astama system sear the site would be helpful but not necessary. Relation to other Pt» ectes State Grant No. 2 2209 in 1982 provided fnde for a Senior Citizen Center s located aijaceft to this Camu dty Center site. State Grant No. 8-055 in 1981 provided feeds for the Seer Frontage Road which is the access road to the site. Botts of these � past projects are 100 percent complete. The City has requested that the State locate a Pioneer Home near this location. The Pioneer Hama is listed as mdw 2 priority on the State areawide priority list. Revenue and and Operating A mugs coat analysis shows an annual operating met of $256,000 per year wit an annua ofan aenasa� $117,375 which includes an estimted sales tax of $77,625. The City is willing and able to subsidize the Coassusnity Caster. The difference swunte to $138,625 per year. if the City receives this grant, we will not request operating and maintenance finds from the State of Alaska. n a ti Project Priority No. 2 Capital Cost: $900,000 HARBOR, BMX M, DOCK, BARGE FACILUT, MID FUEL PACMM CITY COOK OF 1 INLET WWWAI 1 4 SEDIMENr SruDY AREA i PROPOSED HAR90R "{ LOCATION '' N 7' TM� zdstin Ccaditien: Currently, commercial, fishing vessels are moored in the Kenai River during ammer and dry-dockedeach winter. Barges enter the river at high tide and tie to the old City dock. TUD new launch: tamps provide lamehiog of recreational and sore oemercial craft; however, no facilities exist for fixelirng, repairs, and staging. The river chmmel has became very congested. �Mooed Ph sicai Iia�emerit: Cameptually, the plan is to construct a now Marine Irduetrial Park w�ticems Include a cargo unloading facility capable of handling barges and fish. The facility will include 1) the dock; 2) the fuel facility; 3) die dock office facility; 4) a repair grid; 5) lifting facility "cranes"; and 6) public restsoom and shower facility. The concept may be ecpadable to provide a small boat harbor. Pro ect Alternatives: 1) Sheetpile bulkhead; 2) Steelpile dock; 3) short and IM berm storage; and ) possibly awnsion to harbor. Status: Itt con junction with other funds, the City of Kenai has contracted for and received the Mowing studies in its effort to build a Kenai Harbor: 1) Kenai Harbor Study - Conceptual; 2) Geotechnicsl Recamaissanoe Report Snall-Boat Harbor; 3) Sedimentation Study; 4) Financial Analysis and Outline Design; S) Demand Anslysis/Inviramental Review; 6) Small Boat Lich Ramp; 7) Proposed Barge Terminal; and 8) Interim Harbor Improvements. Yam Prior to Construction: We have at last determined diet we feel should be built and die next steps are awl design, parns.tt><ag, ad additional funding from State. Factors affecting Developtn t: Carps of ftgineers and ABC permits Relation to other Projects: 1) Grant No. 8-054 Kenai Rive Feasibility and Siltation Study; 2) Grant No. Boat Ramps and Parking; and 3) Grant No. 7/85-217 Harbor, Bulkhead, Dock, Barge, and Fuel. M . r JULIUSSWI WINVIEW, *MS, Project Priority No. .3 Capital Cost: $800,000 AM= DRIVE FDA -, / L 'ON N 4F of$ r Mr 4b. 4' of, top HORSESHOE E R ENtool River- EAsUnit condftiono. All streets are gravel surfaced, residential toads in poor cmdition. Moat have draliage pWbIM. Proposed Physical Lyprovement: Provide rew, wider gravel surfaces with drainage system. Status; I* City has completed the design of this project using City finds. NM Step Prior to Owstruction: Receipt of State construction furds. I Project Priority No. 4 l Capital Oust: $550,ODO VIp SUBDIVISION =I 17 Existingoon: VIP Drive, Ketch, Lora, and Sunrise Way are heavily traveled, seaidential _ muector streets in fair to poor condition. Proposed Ph sicai ement: This project would _ _-- �4`�8Y �ov._. P j provide a wider, new gravel surface ready far Status: New project. 4 Nmlt Step Prior to Cmetruction: Desip ad receipt of State Oonstruction finds. t _ - ..._... -- ----- I I V i E f ` 1 - I i i a I r I i Project Priority hb. $ Capital Coats $1,450,000 SI+1vER UnERCEM 70 THMSCNV PARK Existin Condition: The area east of Beaver Creek is a rapidly growing area of the City, aid 7hompeon Peak one 'e largest rntal subdivisions. At this time, no City eswer services are available to this area. Poor voile are emirs increasingly more problems with septic systems. Proposed Physical Improvement: Extend a pressure interceptor line across Beaver tki & to 2=Won Park. It would also be feasibleto w tend sawrr services farther east. Project Alternatives: Alternatives have been explored but were Sand to be less desirable. See study by Wince, � he11, Bryson entitled, "An estimation of costs to provide Sewage Transmission or Tseadsent in Par East Kenai,." Status: Preliminary studies and Cost estimates have been aonpleted, and des£gi is in prsogrees with M ty ids. Next Step Prior to Construction: fete design, ; � &:, easement acquisition, permitting, and hh3ceipt of state Construction Auds. Factors Affecting Develo ant: atvwth. Possible Kenai Peninsula Borough sept:aga teceiving station rn esator new ' ompean Park. r' Relation to Other Projects: Must be constructed before Sews~ within Zbanpean Park (Priority 1b. 6). i I <y' <y' Project Priority No. B I l Capital Cost: $1,000,000 SEM WPl' HN THMSM PARK Existing Condition: Due to poor soil conditions, septic failures are common and potential for future groundwater aontmmrnticn exists within 7hopson Park. • Project Alternatives: None I c BMW! Dependent upon Sewer Interceptor to area (Project No. S). t � Next Step Prior to Constrmxtion: Design, permitting, and receipt of State construction funds. Factors Affecting Deuelopoent: None Gov Relation to Odner Projects t Sewer Interceptor to area (Project No. 5) not be constructed first. :i 4 ,M1 o r � 1 1 . c, F � 6 � `r I I r : c Project Priority No, 7 Capital Cost: $300,000 t SFAVER CMX FUR STAnM EKiatin Conditions the City of Kenai serves the entire 30 square mile area of the City from dia main station on Willow Street. The easterly boundary of the City is appmdmstely 7 miles from the - downtm file station. Pro osed Physical Igrovermts This Lire station would utilize misting equipment and mmipower. By positioning this small re station near Beaver Creek, response time to this rapidly growing area could be 1 seduced. A C lot has been de - ... greatly ..._ ity�owned signaled for this use. ` `- Project Alternatives: None. Y .. statues New project. i Me step Prior to Constructions Design and receipt of state constriction Snide. d y: r Project Priority No. 8 Capital Omits $450,= Km, axom, AM 92EUM Oxisting Condition: Streets are in very poor condition and are considered pioneer residential Streets. Me streets lack SW material and drainsip. tMosed Physical bywyammit: Upgrade the surfaces to all-weather gravel, widen, and provide proper dralmp. Status: Now pwjm. Next Step Prior to Construction: Desip, peradta, and receipt of State construction Dims. r. Factors Affecting Development: Nate. Project Priority No. 9 Capital Cost: $550,000 Wwm, MLSSIM, Mqm, MMUM, M. - OID MM FOURrm 4=C1C �~j El 0s� O ��v � i ��a D i t Project Area e A 0'% River W.8tinit Cm&tim*. Gravel and mud pioneer streets in the Original Tomite drea- Proposed Dwsi;ql lqm*Tk"— Paving, curbs, and gutters. and drainage immvemta Ptoj;g Alternattym: Now Status: NmProject. 2w City has contracted with an urban planning consultant to study the Original Torte area. We have received a dmant entitled IVAnai Original Tomite Development Options." This project =sId be In lisle with recommendations made within this study. The City has appropriated funds for rift -of -way acquisition. Next Step Prior to Construction: Design, rift -of -way acquisition, and receipt Of State construction funds. l Factma Affect*g Dqw!W=t Rift -of way acquisition shich is in Promnow. ---- Project Priority No, 10 Capital Costs $3,Mo,00D f FLOAT PLANE BASIN I Airpor AIA'oN � 11/ or Existin Conditions The grade of the terrain between the main rxwW and the existing reservoir is each at Ilse icon Caurol Town does no have visibility of the entire water surface; therefore, m air traffic clearance can be authorized for aircraft operating to, from, or on the reservoir. Consequently, the reservoir is not a designated landing area and, in its present condition, is in violation of Federal Aviation Regulation Part 91.67 which mp res an air traffic clearance at the ` iieeai Airport while the control tower is operating. The reservoir, itself, has deteriorated with years t .s of inactivity aid its length is too short to accommdate safe, full-oamice float plane operations. Proposed Physical Imptnvemant: 1) Construct a float plane nsnway 190 feet by 35M feet long with a water depth of approximately 4 feet and a centerline offset of ODD feet umt from Remy 1-19. Z) Consttuct a 75 foot wide taxiway to connect the float plane runway with the existing reservoir and develop the reservoir into a float plane parking basin. 3) Construct an automobile access mad from :y the float plane parking basin passing off the end of Runway 1 to the General Aviation Apron. Project Alternativess None Statues Two preliminary engineering reports have been 000pleted and an envirawenntal assessment is h� -pmgess as a part of the Master Plan Update. Also, private property acquisition is in progress. f Not Step Prior to Constnluction: Final design, permitting, ad receipt of State contraction fusdo. Factors Affecting Developments Must acquire private property and Corps of E:hgineare permits. i• Relation to Other Pro ectes The site location of the float plane runway was a borrow source for the C . Mn- Apron Extension Project Aich was substantially mmpleted in the spring of 1985. This location ;. could potentially be a borrow site for other projects as well. c Y (LY •J I I i ' .1 I Project Priority No. 11 capital coats $800,000 waDwom DRIVE (SPUR TO STAB PRISON) o . • g8. •rrr • � 111 w d <. E Existin condition: This street is the primary access to Wildwood and the State prison (fonmwly :e W woo ll�tary Sass). Btdit in the early 1950's, the street and sewer lines are in very poor condition. 1 Proposed Physical hWovemts Replace paving, widen, improve drainap. Md reps the sewer line. Project Altereatives: done. J:- status: New project. Next step Prior to Cmatr:ction: Design ad receipt of state construction funds. ` Factors Affecting Development: None. . r. ae: r, I I• a W a ■ 1 I i Project Priority No. 12 Capital Costs $900,000 N. SPRUCE, MOM, MU TRRRIU , � �!�;� �'�'�� y �;;�R�,u. • �Yi � I .Pity u.r., ;i; ; �ljl`�� uw� 4 •r��E� ....rr�r,Y 4� r� L r.i ■ Existiftit Conditiont These streets were upgraded to gravel with drainage improvenento in 1982 with grant cost to &a benefited property ownew. Proposed !WLMl Inywyermt: Water and sewer wwId be extended to these streets and dm curbs anlf gutters and pwft wuld be inwided. It is the City Council's intention to assess 50 percent of tht f Statusi A desiXt has been cocipleted. Next Step Prim to ►. Factors Affecting 1_ E!2Mm Formation of an assesswimt district weded. I r y w >, b i I i I - � f i Project Priority No. 13 ` Capital Coats $250,000 J TMDW BAY Y ' I r Existing Condition: Strip pave with ditdsss. Sewral drainage problems are apparent and the paving f IN 99ttft8 o area is a rapidly developing oomnercial and ligst industrial part of tiw City. Proposed Rwaical Dozoviemmit s Improve the drainage, widen, curd put in curbs and gooses. PmSect Alternativess None. -r Statues New project. - Next Step Prior to Cmetructions Design► permuting, and receipt of State construction Sssde. — -- Factors Affecting Deuelopmasts Nose. Relation to Other Pro ectes State Ornat No. H25 prrvided fib for upgrading main Street Loop iAsidh tsT nto Trading Bay. Vem ate t0 Airport Way (which intersects with Trading Bay), is scheduled for 1986 construction usissg State Grant No. 8/86-306/. i4 !' a e, 0 Project Priority No, 14 Capital Cost: $600,000 CAPID=GHr MID I.iNf M ARFA - PAVUV Aw LL ;e., ' t--�I-i 5 O ♦ J ' � 1 k J r n Existinit Condition: This residential am wag recently upgraded to good gravel streets with water and sewer. State Grant S-474) U=__ed_P__h�!!,Wl.rMWaieft I Strip paving. Tiro City Cmc aii has intentions of assessing 50 percent of themt of we Upovemants. Project Alternatives: None. status : Now project. NextStep Prior to Costnutions Design a:d receipt of State construction Made. factors Affecting Develo :t: 8ometion of an asseesment district. i !1 ► f Mr, SECOND, AND THM (East of Forest Drive) Project Priority No. 15 Capital Costs $550,000 l..0 �I�� Lu 7 ma1 .0 be [=�. Mari ss� 'uwv �,Mtl U YZ 7WW �.iir� _ Ail .IA �CLfI f/ll�l " 1♦ rM J :.r7 Wk �yll� uLa 1. ■ {� �r APII i. i WA J�,f ■u Alk �rIYYr"Mi -LILM ■1 �I� existing Conditions Residential streets with poor gravel surfaces. Proposed Rmical Improvements Pstovide water and sewer dxm now exists and drainage Improvements. The City Cassscil has intentions of assess 5500 percent curbs and gutters, Y assessing percent of the cost of y Project Alternatives s Nose. Ste_s New project. Nest Step Prior to Oesstructions Design end receipt of State mmtruction Ands. Factors Affecting Developsoe:nt s Formation of an memewnt district. �s. } .i I{ I r I � { Ii 7-1 !Rl. Project Priority No. �16_ Capital Costs $300,000 CORM AN) CDRA1. SPRWfB A I nIlkARIk . pia I � � '.. ,r � �IA,tY •It..Y its' it Misting Conditions V streets in a commercial district. lheee streets also ery poor provide access to ' Me @nr+ee heavily used softball fielde. ' Pr°Posed Phyeical kWoovemients Upgrade to all-weather gravel street and extend the sewar main. ! - �— . Bursace would be MUM nor future paving. Project Alternatives: None Status: New Project Next Step Prior to Construction: Design and receipt of State construction funds. ' Factors AffecOng Development: Utilities Relation to fterRalation to ProJecte: 'these streets provide access to the three softball fields that were built ' State rant . 6-253. 1 V. l� S` r �o j i r i " I Project Priority No, 17 Capital Coots $850,0M HAiM, WRQW, MCKIMAY (104 PMJIiCP) - PAVIM I I a�' Lxietin Condition: These residential streets were recently upgraded to good gravel streets with Water and saver. 2.83 State Grant No. 8-474) !Mpoeed_ Physical ire xven Ms Strip paving. the City Council has intentions of aseeaeing 50 percent of nose of the Improvenents. Project Atternativess Nana Statues New Project Nest Step Prior to Constructions Design and Funding Factors Affecting Developeast : Faniation of an asseasaast diatrict . r Project Priority NO. 18 Cnpitnl coat: $1,750,000 Psi' W NOW T11MY AT AIR W II ,� ,��rw •wr r-ww �r rw • w • .. r - � � - r r r r , 5 ._ Thls� Pro��ot 7,11 �1985 Constructun ftistiftst Conditions There is ro tardway adt ft the forth 2450 feet of ibmway Ol, adch emcees an aircraft to acktaxi" when landing on Rumfay Ol or *m taking off fran Runway 19. This mmnrmr causes undue delay for landirWdsparting aircraft and could delay the landing of an aircraft under emergency cmditiaw. Proposed Physical im rovemmtss Conetruct Taxiway IV$ to exund the taxiway system 2450 feet north tom Taxiway to ve access to the north end of Runway O1. The extended taxiway d=1d be 75 feet in',:-OJn, paved ad lighted to be cansistent with the existing tmdway system and the Airport Master Plan. Project Alternatives: None. statuss New project. Next step Prior to Canstructiens Obtain Ending for enginearing design and construction. Factors Af etinTt Develots a t s FAA & WVPP approval b Corps of Engineers Permits. Relation to Other Pro eetes None at this time. The 1984-o State Gram No. U-W47 exuded the Airport r:mn apron. use Main Aprron Extension is essentially oanplate. r+ w u AIRFD f MMY flITP.y18ICN 77 �.17 .�R•.• TI'1'n ooss construe LNfog rng Project Priority No. _ 19_ Capital Coats $5,500,000 Exis�tin Oo�nd�ition: Komi. "cipal Airport Rsasway 01-19 is 150 feet in width and 75M feet in length with a U-foot safety area off &,way Ol end an 18-fwt blast protection off Runway 19. 'fie Ruway weight bearing opacities are relatively low at: 675, T130, sr 114, and Tr 240. Our airport, due to its close proximity to Anchorage, Alaska, is considered to be the prime weather alternate for many of the larger caamercial jet airlines saving Anchorage. however, because of the length of the runway and its weight bearing capacities, larger jet aircraft are restricted by reduced landing and takeoff weights. Also the area immediately outside the runway lights in bare ground with sparce grass coverage ssd om these large aircraft take off there is a great amount of dust and debris "kicked -up" Lira, the jet blast causing limited visibility for several minutes after departure. Proposed Ph sical %m rovs3mentss 1) Extend the ruway north by 2500 feet to bring the total length to set. en me fna length of tine runway to 200 feet. 3) Overlay the existing r usway with an additional tutu to three incises of asphalt to increase weight bearing capacities. 4) Realign "existing runway lights and adjust instrument approach facilities to accamoodate 10,000 foot runway length. 5) Install security fencing around newly extended runway. Project Alternativees Nose. sus New project. Next Step Prior to Constructions Obtain funding for engineering desip and construction. Seaters Affectinit Development: FAA and =/PF approval of project, Corps of Angineers Permits, Pubifc gs. t . Relation to other Projects s Review of overall Airport Drainage Scheme. a 4 r ' ADDrrICN M MY U41L Project Priority No, 20 Capital Coots 8800,000 Existial Conditions go existing City flail was constructed in 1981 and it barely mt the need at that -: time. ecadse of the rapid gcowtls of the City and corrospanding administration growth, City Hall is UmmatorteDly OVerCrONeIeO. inn original nuiidissg a;rca woo s�mncer3 pprnai.'ay 'vy dolai.anK "a uci15awal Council Chambers' area and aaakin8 the starage area the Council Chsnbers. This left City Hall with very little storage. - Proposed Ph sisal Inn urovement s The new addition would add approsdnistely 4WD e. f. of office and - storage space an or possibly 2300 s.f. for a mw Cm=ii Chmiber. The old Commil Chmnber would be - rmAdeled for office or storage. The building is also designed to add another floor. status: Nev Project •. .. _.:r Not step Priortny_ms Draige and receipt of State oonsttuetion Sunda. o , Hors Affecting Demlopm Mt None 0 ` s 1 !ry e Pmjact Priority No. 21 Capital Costs $200,000 RV GW3t PARK Ddeting Conditions The City MW has nD dssiasated RV Casper Space. At ` permitted to par at the Ch mber of Ceamerce Buildingnear the 8 r Hi may.present, eaee re caravan are 4 saver service facilities to handle RV s. The only eve'' Thy are pi water and dunp station is at the server treatment plant. Proposed Physical Improvement: Construct an RV CMW area along the beach at the end of Spruce or st the Soso t a11 fiel4a including parking, drainage, water, and sanitary sewer swim. -� Pmkct Aiternativess Norse Statue: New Project sy f Next Step Prior to Construction: Design xW receipt of State construction funds. Pastore Affecting Deuielopment: None r 4 •� 1 . t ..a. 1 Projfmt Priority No. 22 Capital Cant $500,000 ASPEN AND PWM Existivis conditions Aesidertiol, yicneer streets in poor aondieion. Proposed phyaicai impeoveernt s L Vwm to well rained grovel streets, extend water and saner. ►:..'. : Project Alternativess Nose I Status New Project I� Next Step Prior to Casstruuions Design and receipt of State conotruction fulls. Factors Affectiys Developments None I- i . 1- I' 1 - _ 7 I l F 1 t t I ' ti .. I I AREA WIDE PROJECTS ` I 1 I p � T 1• .r J - Area Wide Project Priority No. 1 Capital 0ost: State Fu<ded KWI SPM HIGMY Four Lanes - Soldotna to Kenai ExisCLUR Oanditicas Mile 0.0 (Jet. Sterling Hwy) to Mile 1.18: 4-Isere undivided paved 58' surface, no tou ere. Mile 1.18 to Mile 10.57: paved 24' surface, paved 8' ahoulders. Mile 10.57 to Mile 12.16? 4-lane, paved 58' &Wfaca, no shoulders. Mile 12.16 to Mile 14.00 (Wildwood Station Rd): paved 24' ` surface, paved 8' shoulders. Much of the Kenai Spur Higlway between Soldotna and Kend is having subbase failure resultiig in large cracks in the pavement. As huge asses are sloughing off forming large cracks, State Maintenance is filling the cracks with asphalt. As time gpes on and the cracks get larger, this memsad of temporary maintenance will eventually not work. .Proposed Pl eLeal Improvement: Mile 1.18 to Mile 10.57 and Mile 12.16 to Mile 14.0: Pave to 561- 4 51 noun a Pro ect Alternatives: Pave 561- 4 lanes with 6' smoulders from: Mile 1.18 to 3.0, Mile 8.0 to 10.57, ad 14LIS 12.16to�i.O. Statue: New project. Since this is a State Hidway, it would be a State constructed project to be ntained rind operated by the State of Alaska. Us City of Kenai, City of Soldotna, Kenai Peninsula Bore*, and Kenai. Ohanber of Camnerce have passed resolutions in support of this project. Next Step Prior to Const__ Final design, permits, and State construction fords. Factors Affecting Development: Conflicts with utilities. Relation to Other KUS Projects: Proposed Soldotna-Fa:ai urban area traffic study by DOr/PF and Project No. 18 on'the Kenai Regional 1Yansportation Study (MM). 0 t;. N r s� r Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE GOVERNOR, THROUGH THE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES TO AUTHORIZE AND APPROPRIATE STATE FUNDS TO CONSTRUCT A FOUR -LANE HIGHWAY RFTWFFN SnlnnTNA ANn uFNAT nhi Tur KENAI SPUR HIGHWAY. WHEREAS, the Spur Highway between Soldotna and Kenai is deteriorating at an accelerating rate while at the some time the traffic is increasing by alarming numbers, and WHEREAS, the Spur Highway is in the State highway system and it is the responsibility of the State to construct, maintain and oversee the Spur Highway, and WHEREAS, the Kenai Peninsula Borough, the City of Soldotna, the City of Kenai, North Kenai and Nikishke are desirous of maintaining and upgrading the Spur Highway to eliminate the hazardous and dangerous conditions that exist on said highway, and WHEREAS, the Spur Highway is a vital link to the oil and fishing industries in the Kenai Peninsula's central district and is needed to promote the economic development of the area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai go on record urging the Governor, through the State of Alaska Department of Transportation and Public Facilities to authorize and appropriate the necessary funds to four -lane the Spur Highway between Soldotna and Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June, 1984. clko UM WAG NL t, IV Olt ATTEST: Janet Whelan, City ierk o 12-A �L f CITY OF SOLDOTNA RESOLUTION 84-41 A RESOLUTION BY THE CITY OF SOLDOTNA REQUESTING THE CONSTRUCTION OF A FOUR LANE DIVIDED HIGHWAY BETWEEN SOLDOTNA AND KENAI AS A HIGH PRIORITY CONSTRUCTION PROJECT IN THE FISCAL YEAR 1985-86 CAPITAL PROJECTS PROGRA14 WHEREAS, the Kenai Peninsula has become an important region of the State in population, transportation, petroleum, commercial fishing and fish processing, sports fishing, recreation, and tourism, and WHEREAS, the Kenai-Soldotna area has been severely impacted by these Important elements of commerce, and WHEREAS, the Kenai Spur Highway between Soldotna and Kenai has become ' heavily overused and vastly inadequate from the increased traffic volumes related to the increased commerce, now therefore BE IT RESOLVED THAT THE•CITY COUNCIL OF THE CITY OF SOLDOTNA: Requests the State Administration to place the Construction of a Four Lane Divided Highway between Soldotna and Kenai as a High Priority Construction Project in the Fiscal Year 1985-86 apital Projects Prodreh. ADOPTED this. =21-) 4 h day of 1984. c4",. • 2orY ATTEST: ty Clerk D12-a ell A n- . -W- U Introduced b•>>: 14aynr Dare: July 17, 1984 Vote: Unanimous Ae tior,: Enacted KENAI PENINSULA BOROUGH RESOLUTION 84-123 REQUESTING CONSTRUCTION OF A FOUR LANE DIVIDED HIGH14AY BET14EEN THE CITIES OF SOLDOTNA AND KENAI. WHEREAS, the Kenai Spur Highway is a vital lint: for commuter traffic between the cities of Soldotna, Kenai and the North Kenai A in s and WHEREAS, the Kenai Spar Highway is the main source and route for commercial and indust_ia! transport vitally needed to promote growth and economic development of the areas and WHEREAS, the increasing population of the central peninsula area has resulted in increasing heavy traffic beyond the safe and efficient capacities of the Kenai Spur Highways and WHEREAS, the Kenai Spur Highway is in the state highway system and construction and maintenance responsibilities are therefore vested in the states NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the borough request the governor to seek author zat on and appropriation of the necessary funds to con- struct a four lane divided highway between Kenai and Soldotna in FY 2985-86. Section 2. That the clerk send copies of this resolution to the Governor of Alaska, Bill Sheffield: to Commissioner Knapp, Department of Transportations and to the legislative delegation from the Kenai Peninsula Borough. ADOPTED BY THE ASSEMBLY OF THE KENAI. PENINSULA BOROUGH ON THIS 17th DAY OF July 1984. sep rness, seem y resi3ent ATTEST: c�ng_oroilgh'Clerk D 12-C y 4 i� 't'1 n N 1 -- r- ' .1 i Kenni C:hnmher of Cuonneree t• Box 497 !. ICenai. Alaska 99611 2'�^423� -�• (907) 283.79119 ,8 v, " GIs c��r 1�1RESOLUTION NO. 84-3 ex„.�r�'i%�, A RESOLUTION OF THE GREATER KENAI CHAMBER OF COMMERCE IN SUPPORT OF THE EFFORTS OF THE CITIES OF KENAI AND SOLDOTNA AND THE KENAI PENIN- SULA BOROUGH IN REQUESTING THE GOVERNOR, THROUGH THE DEPARTMENT OF .- n.fto*%& s' **91% PUBLIC FACILITIES, TOAUTHURIZE AND APPROPRIATE STATE FUNDS TO CONSTRUCT A FOUR -LANE HIGHWAY BETWEEN SOLDOTNA AND KENAI ON THE KENAI SPUR HIGHWAY. WHEREAS, due to the ever-increasing population in the Central Penin+ sula area which in turn results in greater and heavier traffic between the cities of Kenai and Soldotna, and WHEREAS, this increase in traffic is creating undue hazardous and dangerous conditions to the travelers on'the Kenai Spur Highway, and WHEREAS, the Kenai Spur Highway is a vital link for commuters between the cities of Kenai, Soldotna and the North Kenai area, and WHEREAS, the Kenai Spur Highway is a main source and route for commer- cial and industrial transport and is vitally needed for the on -going growth and economic development of the area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE GREATER KENAI CHAMBER OF COMMERCE that we hereby endorse and support the efforts of the Cities of Kenai, Soldotna and the Kenai Peninsula Borough, in urging the Governor of the State'of Alaska, through the Stato Department of Transportation and Public Facilities, to authorize and appropriate the neeerssary funds to proceed with the construction of a four -lane highway between Kenai and Soldotna on the Kenai Spur Highway. PASSED BY THE BOARD OF DIRECTORS this 22nd day of June, 1984. ATTEST: 5ROSERT F. WILLIAMS PRESID-6ENT Z. /i /,� Sue rter, E ecut ve Director 012.0 FL 1�. Ar04 Wide Project Priority No. 2 Capital Cost: State Funded PIONEER H0M �]___ ui t�htl\t" ��� t�N yrb•iu y�I;L` ?r.1 i I�A.a• lll���al.t�w.�. (Mamt1t��� r IlkLocation River Proposed KenaT Existing Conditions There is no existing facility in this area for interim elderly care. the ally e uty cn we raunsula is located in Seward and is Sall and has a long waiting list. All the other i facilities in the State also have long waiting liste. Pro osed Ph sical Improvement: Establish a Pioneer Hare within the City of Kenai so drat elderly residents In this area will not have to suffer the stmsz e-f leaving their fandliee and friends and -- t. will be able to have physical, care within their non ammuhity. Project Alternatives: Vane p Status: New Project. The City of Kenai is willing :o purchase the five acres of land whiets is ? ' estt mated to cost $2D7,000 if the State will place the Piosseer Home at this site. The City of Kasai., Kenai Peninsula Borough, and the Kenai Chamber of Conmerce have passed a resolution in support of this — — - project. --- next step prior to Construction: Design and rQseipt of state construction fulls. 'ttse city will purchase the land near the Senior Citizen's Center for the State ante the construction Sands are appropriated. This would be a State constructed project to be maintained and operated by the State of Marks. - Pastore Affecting Developing: Nana Relation to Other Projects: The City of Kenai received State Grant No. 2-209 in 1981-62 for the Conhslun ty Senior Citizen's Center. The $1,000,000 building was coMleted in 1982 and is adjacent to the proposed location of tine Piosseec Haas. The City's No. 1 priority this year is for a Conmunity Center units world also be located near this proposed Pioneer Hare. l L r • �7 n n' i • I Suggested bys Administration CITY OF KENAI RESOLUTION NO. 83-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, -- .-- :rv"^On T IIV NG THE CONCEPT OF A riUNLLHS' HOME IN KENAI AND A REQUEST FOR LEGISLATIVE FUNDING. E WHEREAS, there are approximately 300 senior citizens utilizing the new Kenai Senior Citizen Center and up to 500 on a regular basis, and WHEREAS, there is now a documented need for nursing beds to keep j our senior citizens in this community, and _ WHEREAS, the City of Kenai will donate land for construction of a ' pioneers' home to be located next to the Kenai Senior Citizen Center. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF +` KENAI, ALASKA, that the City of Kenai supports the concept of a + Pioneers' Home in Kenai and requests consideration by the legislature of locating this in Kenai, and BE IT FURTHER RESOLVED, that upon the passage of this resolution the Clerk of the City of Kenai is requested to send copies thereof to Governor William 3. Sheffield, Senators Donald Gilman and Paul Fischer, and Representatives Hugh Malone, Milo Fritz, Bette Cato, Robert Smith, Commissioner of Health, Education and Social Services, and Vernon Perry, Director - Division of Pioneers' Benefits. PASSED BY THE COUNCIL OF THE CI Y F KENAI,SKA, this tat day of June, 1983. RONALD • -MSTUR, MAYOR AT ESTs snot he an, CS y er 011-A j Kenai Chamher of Commerce Box 497 Kenai, Alamka 99011 "'�~�'► (907) 203-79119 RESOLUTION NO. 84-5 A RESOLUTION OF THE GREATER KENAI CHAMBER OF COMMERCE URGING THE GOVERNOR t1F Ar.A 4KATRTG' IJ/1A:vninww i1U LLIAM SIM L IYMD, TO VO►�.diY�i� THE CITY OF KENAI AS THE PRIME LOCATION FOR THE NEXT STATE CON- STRUCTED PIONEER HOME AND FURTHER HEREBY URGE APPROPRIATE MEASURES FOR LEGISLATIVE FUNDING OF SUCH A FACILITY. WHEREAS, the concept of a Pioneer Home situated within the City limits of Kenai is under consideration by the Alaska State Depart- ment of Administration, Division of Pioneer's Benefits, and WHEREAS, 300, and on numerous occasions up to 500, senior citizens utilize the Kenai Senior Citizen Center, and WHEREAS, there is a documented need for a Pioneer Home type facility to keep our senior citizens in this community, and WHEREAS, the City of Kenai has indicated a desire to donate the necessary land, adjacent to the Senior Citizen complex, for the construction of a Pioneer Home in Kenai, and WHEREAS, the Kenai Peninsula Borough is one of only four Boroughs in the State without a Pioneer Home, and WHEREAS, the Kenai Peninsula Borough is the second largest population center of organized boroughs within the State of Alaska. NOW, THEREFORE BE IT RESOLVED BY THE DIRECTORS OF THE GREATER KENAI CHAMBER OF COMMERCE that the Governor of Alaska, the Honorable William Sheffield, and his administration, are hereby urged to continue efforts and negotiations with the City of Kenai for the acquisition of land and the construction of a Pioneer Home for the senior citizens in the Greater Kenai area. PASSED BY THE BOARD OF DIRECTORS this 21st day of September, 1984. ATTEST: ROBERT F. WILLIAMS, PRESIDENT S C. Carter, xecut ve D rector A ' a I .M i• .•.ar. ., .:s V Lit : }f"i�rl.riOUS Articn: _.2223�?9�a3 I.E.NAI i aXI:;SULA I;Oitl)UGI p Vrlg� .2 RESOLUTION E3-54 `A. ry ..' A RESOLUTION OF THE KENAI PENINSULA BOROUGH AS f'".'- ., SUPPORTING A REQUEST FOR A LE-GISL.;TI%'E APPROPRIATION TO BUILD A MNAI PIONEER HOME. WMREAS, a survey has been conducted as to the need and necessity of a Pioneer Here to be located in the Central Peninsula area; and WHEREAS, the statistics show that there are few pioneer hones in the State of Alaska and those existing facilities have waiting lists; and WHEREAS, in order to accommodate the senior citizens of the Kenai Peninsula Borough in facilities close to their area of abode a request for a legislative appropriation has been made for such a facility to be located in to Kenai area; and WHEREAS, such a facility would be utilized on an areawide basis and also help to relieve the pressure on the hospital for room space for intermediate medical care that would be provided in a pioneer home; and NOW THEREFORE, BE IT RESOLVED BY THE I:ENAI PENINSULA BOROUGH: Section 1. That the Assembly agrees with the concept of the local pioneer hone and the request for a legislative appropriation for such facility. Section 2. That upon adoption of this resolution copies be suFE1ttea to Governor William Sheffield, Senators Donbld E. Gilman and Paul- Fischer, Representatives Xilo Fritz, Hugh Malone and Bette Cato, members of the HESS Cs:mmittees for both the house and Senate and MurL Lowis, Co;..:-iss;oner of Community and Regional A:fairs. ADOPTED BY T E ASSE;'BLY OF THE KENAI PENINSULA BOROUGH THIS _1st DAY OF tlarch 19-3 nTi::Si CIoud, As se'-o1y , rezM7.7--' e 011-C .•.ar. ., .:s V Lit : }f"i�rl.riOUS Articn: _.2223�?9�a3 I.E.NAI i aXI:;SULA I;Oitl)UGI p Vrlg� .2 RESOLUTION E3-54 `A. ry ..' A RESOLUTION OF THE KENAI PENINSULA BOROUGH AS f'".'- ., SUPPORTING A REQUEST FOR A LE-GISL.;TI%'E APPROPRIATION TO BUILD A MNAI PIONEER HOME. WMREAS, a survey has been conducted as to the need and necessity of a Pioneer Here to be located in the Central Peninsula area; and WHEREAS, the statistics show that there are few pioneer hones in the State of Alaska and those existing facilities have waiting lists; and WHEREAS, in order to accommodate the senior citizens of the Kenai Peninsula Borough in facilities close to their area of abode a request for a legislative appropriation has been made for such a facility to be located in to Kenai area; and WHEREAS, such a facility would be utilized on an areawide basis and also help to relieve the pressure on the hospital for room space for intermediate medical care that would be provided in a pioneer home; and NOW THEREFORE, BE IT RESOLVED BY THE I:ENAI PENINSULA BOROUGH: Section 1. That the Assembly agrees with the concept of the local pioneer hone and the request for a legislative appropriation for such facility. Section 2. That upon adoption of this resolution copies be suFE1ttea to Governor William Sheffield, Senators Donbld E. Gilman and Paul- Fischer, Representatives Xilo Fritz, Hugh Malone and Bette Cato, members of the HESS Cs:mmittees for both the house and Senate and MurL Lowis, Co;..:-iss;oner of Community and Regional A:fairs. ADOPTED BY T E ASSE;'BLY OF THE KENAI PENINSULA BOROUGH THIS _1st DAY OF tlarch 19-3 nTi::Si CIoud, As se'-o1y , rezM7.7--' e 011-C J fill H r V, r 0 Area Wide Project Priority No. 3 Capital Cast: state Funded TRAFFIC SIGNAL - AIRFM WAY AND SPUR HMWAY 1 Existin Conditions No traffic signal exists. This intersection has become may, congested end will worsen as coot nu g development in this area increases. Also, this is the main access point to the airport. : Proposed Ph sical imt roveme::t: Install full four-way traffic signal With improvements to the fuming es; etr p g, am ng. r Project Alternatives: Nana r Stratus: New project. Since this is a State Higwgr, it would be a State construction j ma ed aid operated by tee State of Alaska. project to be ' Next Step Prior to� inn: State construction fu:de and design. Factors Affecting Develo :Went: Increasing traffic wad adjacent development such as 1) Fred Meyer, -.-Including McDona s; Mr. A's restaurantAval and retail office area; 3) Kenai Plaza including 7-11; 4) Honer Electric Association District Office; 5) Existing business such as Kenai Bowling Al ley Dairy Queen, and Craycroft Chrysler; 6) requests for additional commercial, opertfor businesses such as Pizza Hut, a restaurant/motel located next to Craycroft Chrysler and additional commercial adjacent y propert this area; and 7) Marathon Road oil -related `s traffic and traffic from the Kemal Mwdcipal Airport. Relation to Other Projects: The State has placed street sig:als at the intersections of the Spur H101way and MW—A St. Imp -aid Spur Highway and Willow Street. Also, the City is requesting funds fog• `-- placement of street signals at the intersection of the Spur Highway and Main Street Loop (Area Wide project 06). I. % T I � � e Y - - - - - - - -- - — - — -- -- 3- -- AREA WIDE PROJECT PRIORITY #4 HARBOR, BULKHEAD, DOCK, BARGR FACILITY AND FUEL FACILITY Please see Project Priority #2 y .L *Due to lack of time prior to Council Meeting, title sheets were prepared; however, these are only temporary. The final booklet will have complete descriptions for each project. f .moo (7 t • ' I i I t � • i v i �•J n x•t � r r AREA WIDE PROJECT FLOAT PLANE Area Wide Project Priority No. 6 Capital Cast: State Funded TRAFFIC SIGNAL — SPUR AND MAIN SP M IMP I� I . ll I1 f +c FacistingCcuditfan: tab traffic sigpal e:dsts at this intersection. This Intersection bas became very congested worsen as downtown development increases. this is the major access point to the 'bid Town' section of tine City and several businesses. Proposed Al sical im rowel: !e : install full Pout -way traffic signal with improveaamts to the turning Imes, etr p ng, ens SIMMS. Ptniect Alternatives: None Status: Nov project. Since this is a State Hidnway, it vould be a State construction project to be mined and operated by the State of Alaska. Next Step Prior to Constructions State construction finds and design. Factors Affecting Developsent: increasing traffic and increased development of 'bid Torn." Relation to Other Projects: The State has placed street signals at the intersections of the Spur ' ' St and Spur Hi and Willow St. Also, the City is t funds for Highway rota Warn St. i.00p pu Highway Y � i� placement of street signals at the intersection of the Spur HiOrAv ad Airport Way (Area Wide project M). N 1 Area Wide Project Priority No. 7 Capital Cost: State Funded Location: No site has been selected for this facility but a building at Wildwood has been su�. Existing Condition: At present there is no place for temporary detention of a juvenile. 'lhe Wildwood Jail Facility and Kenai Care Cmter do eat address this need. With the close of the Kenai Jail Facility, there is not even the capability in the local area for even a temporary emergency hold of a juvenile that has been arrested and that cannot be returned to his residence. Pro,osedIm rovement: The Kenai area is in need of the establishment of a juvenile detention tylf�sf`ci3ity would serve the Kenai Peninsula Bo w1h and would be in close proximity to the Superior Court and Youth Services Division that also serve the Borough. The Kenai Peninsula Borough for exceeds the 17,000 population figpre that is the threshold that was established by the State for aide a facility. The establishment of a local facility would meet a critical need that arises with the closure of the Kenai Jail 8acility. it will expedite aed improve the handling of juvenile cases. The Division of Youth Services will have direct costs and manhour savings that can be otherwise directed to meet increasing case loads. Law enforoenent hours row spent waiting with juveniles, pending emergency ► detention placement, can be directed elseuherd. A local facility would better facilitate family vdste to the detained juvenile during the course of court proceedinge. Status: New Project. Since this is a State responsibility, it would be a State constructed project to �e maintained and operated by the State Department of health and Social Services. Contact Kenai Police Chief Richard Ross aid/or Dept. of Health and Social Services for further information. Next Step Prior to Construction: Select location, design, and State construction fuede. r. ._ Relation to Other Projects: Portions of Wildwood Station has been renovated into a medium security ;. per eon. This project could possibly be incorporated into that project. r V r p14N y E .. M r4 c 14 r L• i ., cl i • L 1 I I fy lI AREA WIDE PROJECT PRIORITY 48 0 WILDWOOD (SPUR TO STATE PRISON) Please see Project Priority lill ; 1 � i ' ' I � I II T • 'U_ 1fy I n+ ' - I I r. . U - k I o• i i J 1 e i -- r i i j G F • I L;•.y. L AREA WIDE PROJECT PRIORITY 09 EXTEND N. TAXIWAY AT AIRPORT Please see Project Priority 018 n 4 i I 1 , I •A �J t Y- T n r AREA WIDE PROJECT PRIORITY #10 AIRPORT RUNWAY EXTENSION Please see Project Priority 019 • j' r . v d n; 0 COUNCIL MEETING 1 PLEASE REGISTERS (10 minutes per person) NAME ADDRESS Vu � /a. a , A f If n . _