HomeMy WebLinkAbout1987-11-18 Council PacketKenai City Council
Meeting Packet
November 18, 1987
KENAI
CITY COUNCIL
November 18, 1987 - 7:00 PM�• ._
KENAI
CITY HALL
MAYOR
JOHN J. WILLIAMS PRESIDING
�a
C
PLEDGE OF ALLEGIANCE
.
a
A.
ROLL CALL i r
1. Agenda Approval
2. Consent Agenda
*All items listed with an asterisk M are
-
considered to be routine and non -controversial by
the Council and will be approved by one motion.
.
`t
There will be no separate discussion of these
.;
items unless a Council member so requests, in
— =' --
which case the item will be removed from the
Consent Agenda and considered in its normal
,'_
Rf•.''
sequence on the agenda as part of the General
Orders.
B.
PERSONS PRESENT SCHEDULED TO BE HEARD
Mr. James Misko - Kenai Professional, Ltd. -
Temporary Reduction of Rent on Existing Land
Lease
2. Mr. Carmen Gintoli - Airport Terminal Renovation
Schematics
• ...:. :. .. _
i. f '
C.
PUBLIC HEARINGS
1. Ordinance 1219-87 - Amending Kenai Municipal Code
Title 14 ., Pro7i&ng a »ef ini•tion of Recreational
'
Vehicles and. A;rie.-,din. the Land Use Table to
Provide for Recreational Vehicles Parks
2. Ordinance 1239-87 - Amending Kenai Municipal Code
�_-
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by Adding Chapter 1.59 - Kenai Advisory
Bicentennial Commission and Amending Kenai
Municipal Code Section 1.90.060 -
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Ordinance 1239-87 - Substitute
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D.
COMMISSION/COMMITTEE REPORTS
E.
MINUTES
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F.
CORRESPONDENCE
1.
/EChamber of Commerce - Council Representative Meet
with Chamber
2.
*Alaska Statewide Private Industry Council -
Availability of Job Training Partnership Act
Funds
3.
*University of Alaska, Fairbanks - Lease for Lands
for Mining & Patroleum Fire Service Training
4.
*L.m.P.D. - Pertaining to Gambling Within Alaska
5.
*State Bureau of Land Management - Lands Included
for Selection - CIRI
G.
NEW
BUSINESS
1.
*Ordinance 1241-87 - Increasing Rev/Appns -
Congregate Housing Facility - $161,500
2.
*Ordinance 1242-87 - Increasing Rev/Appns -
Capital Fund Project - Design of 6 Proposed 1988
Road Projects - $2610500
3.
*Ordinance 1243-87 - increasing Rev/Appns - Repair
of Police Vehicle - $3,738
4.
*Ordinance 1240-87 - Amending Kenai Municipal Code
- Provide for Uniform Penalties Throughout Code
5.
Bills to be Paid, Bills to be Ratified
H.
OLD
BUSINESS
r'k Q.G . :,% Un
I.
ADMINISTRATION REPORTS
1.
City Manager
2.
Attorney
3.
Mayor
4.
City Clerk
S.
Finance Director
6.
Public Works Director
7.
Airport Manager
J.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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KENAI PROFESSIONAL LIMITED
382D Lake Otis Parkway
Anchorage, Alaska 99508-5225
City Council of Kenai
Kenai, Alaska
RE: Request for land lease reduction
Good Evening Members of the Council
I would like to make a request for a land lease reduction for lots 5 8 6
Block 3, CIIAP for the following 12 months in the amount of $500 per month
which sum ($500 x 12 0 $6,000) to be added over the following 24 months at
the rate of $250 per month to the current rate.
The present lease rate is $682 per month. It is scheduled to go to $1010
as of January 1, 1988. An increase of 50%. Therefore the lease payments would
be $1010 but the payment would be $610 for 1988. For 1989 and 1990, it would
be $1260.
Our occupancy has decreased from 87% in 1986 to 57% currently. We have lost
tenants to the economy and some to their own mismanagement.
Our rents have taken a 10% to 16% decrease.
Utilities and taxes have increased our operating costs substantially.
Gas has taken a 400% increase; Electric costs a 4% increase; real estate taxes
a 13% increase; and the land lease a 50% increase... all at a time when the
real estate business in Kenai is facing reduced occupancies and reduced revenues
from rentals.
We have worked with local professions and businesses for the last year as our
mortgage lender has worked with us in reducing interest for this trying time.
Our request is that the city of Kenai can work with our request to reduce the
near term lease payments by postponing that income to what we believe will be
better years ahead.
Si erely yours
J es A. Misko
eneral Partner
KENAI PROFESSIONAL LTD.
IN
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Empire forth Inc.
Realtors •Development • Syndication
Construction y
3820 Lake Otis Parkway, Suite 201
Anchorage, Alaska 99508.5225 1
(907) 562.2520
#4
0,`!� to
11/4/87 i>
t.,
J. Ron Sutcliffe
Acting C 1 ty Attorney �'e; r� r�Ail
City of Kenai
RE:' Lots '5 and 6 Block 3, CIIAP Rc�d
Goodmorning Mr. Sutcliffe
As per our phone call of this date, I have received your letter of October
29, 2987 wherein you returned KENAI PROFESSINAL LTD's check for $1.363.18
and informed us of the city s intent to FED us. We received the FED notice
the same date we received your letter and the returned check.
We did not receive your letter (certified) of Augpst IS, 1987 which was
receited for by a Carol Richardson who is an employ of Baker Companies, a
realty firm in our building, who is no longer here. It is my presumption
at this moment, since it is not in our file, nor have either of the two of
us who run our operation seen it, that it was mislaid in Baker Comppnies
moving and in the fact that they are taking Chap. 7, were receiving a goodly
number of certified letters during that time.
At any rate, KENAI PROF. LTD is sorely pressed to meet all of its obligation- !
s in a timely manner right now due to the local economy and the fact that a
number of our existing tenants are unable to meet their rent obligations to i
us on a timely basis. All of our municipal costs have escalated over the
past year while our occupancy and rental rates have declined. Especially
delinquent .is the Congressional delegation which -seems to have the Sgt. of
'Arnis of the Senate at odds with payiog-Republican senators bills in a timely 1
manner. I am telling you nothing new.when I say that a good number of the
t tenants are tardyin rent payment, and a few some months delinquent.
0
presen
The lender has reduced their interest rate by 3% for a year and I woul
hope that we could arrange a catchup payment schedule with the municipality
on the land lease. The partnership has applied for a loan from a local bank
that we think will still be in business next week and can make the loan.
In the meantime, a little forebearance is requested.
Please accept the check for $2,363.18 and work with us on securing the arrear-
ages over the next few months. Might I suggest that we pay $1,000 a month
until caught up.
Si erely. yours -- - _ - - --- ---- - - -----------
i
J s A. Misko
Raptnev
enai Professional Ltd.
CITY OF KtNA1
210FIDALOO KIMAI,ALASM M11
TELEPHON9213-1535
November 6, 1987
Mr. James A. Misko, General Partner
Kenai Professional Ltd./Empire North, Inc.
3820 Lake Otis Parkway
Suite 201
Anchorage, Alaska 99508-5225
Re: City Of Kenai Leased Lands, Lots 5 and 6, Block 3, CIZAP
Dear Mr. Misko:
We are in receipt of your hand -delivered letter of November 4,
1987 explaining what you perceive as some problems with the
original notice to quit in this case and also explaining reasons
for some of the arrearages.
My secretary informs me that when you were at our office on
November 5, 1967, you requested that you be put on the Council
Agenda for the November 18, 1987 Kenai City Council Meeting. In
light of that action, you will find enclosed for your signature,
a stipulation fora continuance Of the FED matter until a time
certain after November 25,-1987. This will allow You to present
your reasons for nonpayment to the City Council and ask them to
take any action which they may feel appropriate.
You need to have the stipulation signed and delivered to the
Court no later than November 10, 1987 or the FED will go forward.
0 -_
-1 1 7-7,;
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:
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Empire forth Inc.
Realtors • Development • Construction • Syndication
3820 Lake Otis Parkway, Suite 201
Anchorage, Alaska 99508.5225
(967) 562.2520
Timothy Rogers
City Attorney
Kenai. Alaska
RE: Lots 5 and 6. CIIA;P
Good morning Mr. Rogera.
Thank you for the continuation. There is some assumption on your
part that I did not intend. My.purpose for asking to be heard by the
City Council was not to determine this problem, but to hear a request
- by me to reduce the current lease rate for the coming year and then
add it back later due to current reduced occupancy and delinquency of
rents.
This FED item I wished to settle with you as per my letter. Paying
the portion now and adding more than the monthly rent to each
i succeeding check until. caught up.
l If both items can be addressed at the one meeting, then so be it and
we can take it that way. If it would be easier to do the catchup
with you and then approach the council on the abatement, then let's
do it that way.
t
ely yours.
A. Misko .567wl Partner
Professional Ltd. •�'� o`tipulationcly��
Inc. r- '� �a v
�2CzZZ12�Z
IN THE DISTRICT COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI
CITY OF KENAI, 1
-
Plaintiff,
v .
KENAI PROFESSIONAL, LTD.,
Defendant. 1
Case No. 3KN-87-955 C1.
T� IPUII&TION HOR CONTINUANCE
CONES NOW, City of Kenai, by and through its attorney,
=.
Timothy J. Rogers, and Kenai Professional Ltd., by and through
its general partner, James A. Nisko, and hereby stipulate as
follows:
1. That the hearing scheduled herein for November 12, 1987
_
at 3:45 p.m. be continued to a date and time certain after
November 25, 1987.
2. That Kenai Professional Ltd. -need.not file a bond or
other undertaking in consideration of -this continuance.
3. That neither party objects to the Court ordering a
trial -setting date in excess of fifteen days of the date of
original filing of the complaint herein.
r
:....
R KENAI
ona,go
1---F4R_ ANCE AND
--BTIPSJLATION_ _CO3 _ _ORDER--
M3"t
_
131
4. That acceptance by the City of Kenai of partial payment
_j
I rent in the amount of $1,363.18 shall in no way operate as a
/s4
gar towards refusal to accept further partial payments.
5. That the acceptance by the City, of Kenai Professional
,td.•s payment of $1,363.18, shall in no way be construed as to i(
irevent the eviction of Kenai Professional Ltd. should the M
iarties be unable to come to a settlement
prior to the F.B.D.
tearing to be rescheduled as a result of this stipulation.
DATED: This _J�Lday of November, 1987. �- - - -
CI RF �iAi
By<�; y J. Rogers
Citj( Attorney
- RENAL PROFESSIONAL LTD.
i s James A. Nisko
General Partner
ORDER
r
ORDERED. The Forcible Entry and Detainer hearing originally
set for November 18, 1987 is hereby reset to ,
at the hour of _ n►.
r Judge
...STIPULATION -FOR CONTINUANCE AND ORDER ..
CMOPWMM
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°j Suggested By: Planning & Zoning
Commission
CITY OF KENAI
ORDINANCS 1219-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE TITLE 14, ADDING SECTION 14.20.245
REGARDING RECREATIONAL VEHICLE PARKS, AMENDING SECTION 14.20.320
TO PROVIDE FOR A DEFINITION OF RECREATIONAL VEHICLES AND AMENDING
THE LAND USE TABLE TO PROVIDE FOR RECREATIONAL VEHICLE PARKS.
WHEREAS, the City of Kenai currently has no comprehensive policy
governing recreational vehicles; and,
WHEREAS, various groups of recreational vehicle users travel
through and use the facilities available within the City of
Kenai; and,
WHEREAS, it is in the best interest of the City of Kenai
residents' health, safety and welfare to provide for a uniform
approach to the regulation of recreational vehicles.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.320 is amended as shown in the attached
Exhibit "A" at Section 1 and that a new Section KMC 14#20.245 is
added to Title 14 of the Kenai Municipal Code as shown in the
attached Exhibit "A" at Section 2 and that the Kenai Municipal
Code Land Use Table is amended as shown in the attached Exhibit
u8u.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th
day of November, 1987.
k- -. JOHN J. WILLIAMS, MAYOR
:..: ATTEST:
0 Janet Whelan, City Clerk
A First Reading: November 4, 1987
Second Reading: November 18, 1987
Eff ective Date:. _ December_ AS, - 1987--
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Section_1:
14.20.320 Definitions:
j6��"Ltecreationnl._vehicle'!_means a vehi,e_yisr-type unit-,_.
2XIMargy deslaged an temp-orsry liv_i�ysrterp for_ receatio
mD aaine. or txsvel_.useL hich.ei.ther_ has its o�m„motive..po�er
��D�n..siMiAnnl valifele Dark"
(62] J( 41 @08ervice Station" means any building* structure,
premises, or other space used primarily for the retail sale and
dispensing of motor fuels, tires, batteries, and other -small
accessories; the installation and servicing of such lubricants,
tires, batteries, and other small accessories; and such other
services which do not customarily or usually require the services
of a qualified automotive mechanic.
1631 A651 "Sign" means any words, letters, parts of
letters, figures, numerals, phrases, sentences, emblems, devices,
trade names, or trade marks by which anything is made known, such
as are used to designate an individual, firm, association,
corporation, profession, business, or a commodity or product,
which are visible from any public street or highway and used to
attract attention.
(64] (66-1- "State highway" means a right-of-way classified
by the State of Alaska as a primary or secondary highway.
(65] LEL "Street" means a public right-of-way used as a
thoroughfare and which is designed and intended to provide the
primary means of access to property abutting thereon.
(66] jj8A "Structure" means that which is built or
constructed, an edifice or a building of any kind, composed of
parts joined together in some definite manner.
(67] (.6M "Townhouse" means single-family dwelling units
construeted.in-a series or group of,two or more units separated
Lr•om an adjoining unit by an approved party wall or walls,
. oxtoii-ding from ttie basement of either floor to the roof • along the
linking lot line.
(68] ^570)- "use" means the purpose for which land or a
building is arranged, designed, or intended, or for which either
land or a building is or may be occupied or maintained.
(69] 5MM "Variance" means the relaxation of the
development requirements of this chapter to provide relief when
the literal enforcement would deprive a property owner of the
reasonable use of his real property.
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E701 (72_Z "Yard" means an open, unoccupied space, other
the to the sky, except
f
than a court, unobstructed from ground
where specifically provided by this ordinance, on the same lot on
`
which a building is situated.
1711 �3J. "Yard, front" means a yard extending across the
full width of the lot between the front lot line of the lot and
the building which is the nearest to
the nearest exterior wall of
the front lot line.
1723 .17d�, "Yard, rear" means a yard extending across the
building and the
lull width of the lot between the most rear main
rear lot line.
(731 "Yard, side" means a yard on each side of a main
,(,79R.
building and extending from the front lot line to the rear lot
side yard shall be measured
line. The "idth of the required
horizontally from the nearest point of a side lot line to the
nearest part of the main building.
(74] "Zoning change" means the alteration or moving of
_Q§1
a zone boundary; the reclassification of a lot, or parcel of
any of the
land, from one zone to another; and the change of
regulations contained in this chapter.
1751 (M "Zoning ordinance or ordinances" means the zoning
;-
ordinance of the city of Kenai.
¢action a.:
14,10.2a5ec eatio Veh c e s a) Recreational vehicle
by the
parka may be allows y conona use permit as,_ provided P
._.. _
Lang Table, ..._ Prior to oi,,.a recreations. l vehicle ark
„tlse •issuance..
conditionalthe narks shall meet the foilowinst
conditions:.
Adequate utilities _for nroiected or ac uai use
.
shall be aveiiab e. ��w
cif The orciected_or actual use shall n t th reate e
withSubsections,�_A.)S}Land
Alannina aria Zoning__Commiaeioa_ eha
are
+ of to become a nuisance to: surround, n�pro er�___ �____. _-___.._._...._....
�1 arks s ali�control•ysti_,�pieic�_]�ight.n� from other
vehic ,o...P _ Y _._!
pro�ertiee,_ prohibit lou8 noises and maintain a clean anc9 oorderly
= pppeerance. free from ,retiree.
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tci Reyoca op o pi!t t;The conditional. use _permitmay.
De revoked ,b.the_Commiesion ! the conditions set_farth.in
Subeectiona � nnd_�b}__ above_,,ere _not,._main�u,ped_..
��. ,. Proh�,bie8 uee of reareationa-_v_ehicies s _._No -person may
r occupy_or util sepny reareational_vehicle as liv oQ_quartera or
eaa.
sieet:in _ommodsstiops_ader an of. they folloatnq"aond.tiona:_
S1? ,Jhile such vehicle is,_perked on aay street,_.road�_
s]�law- or right -of -May,.
��{�i�hi]�e such vehicle,,ie.-PAK ed �on�,, 93 -Y.-M
4pAiggaced an _a recreational vehicle park
flat ah4la nueh vehicle is narked on_privste
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Substitute
Suggested by: Mayor Williams
CITY OF KENAI
ORDINANCE 1239-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI
MUNICIPAL CODE TITLE 1 BY ADDING CHAPTER 1.59 ENTITLED "KENAI ADVISORY
BICENTENNIAL COMMISSION", AND BY AMENDING KENAI MUNICIPAL CODE SECTION
1.90.060.
WHEREAS, it has been determined that there is a need for a Kenai
Advisory Bicentennial Commission to plan and coordinate the
preservation and development of significant areas of the City's
history, and;
WHEREAS, 1991 will mark the bicentennial of the City of Kenai, and;
WHEREAS, this Commission will also be assigned the task of preparing
for a celebration of this event, and;
WHEREAS, this Commission is to be held exempt from KMC 1.90.030, the
--._ residency requirement for commissions, committees, and boards.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following changes be made in the Kenai Municipal Code:
Section 1: Title i of the Kenai Municipal Code be amended by the
addition of Chapter 1.59 entitled "Kenai Advisory Bicentennial
Commission", and enacted in its entirety as attached hereto.
-Section 2: Title 1 of the Kenai Municipal Code be amended by addition
tti Section 1.90.060, "the Kenai. advisor{ Bicentennial Commission" to
title 3 i 9'c of commission2 .
i section 3: This commission shall be exempt from KMC 1.90.030.
-:'Section. 4 KMC 1.90.060 will be amended to read:
1.90.o6o specific Requirements of Boards, Commissions, and
Committees: specific duties and powers of the Library Commission,
Kenai Bicentennial ConQnission; Harbor Commission, Planning & Zoning
Commission, Recreation Commission, andFLandscaping/Site Plan Review
Board as defined in Sections 14.05, and 19.05, will
,
remain in effect. Creation, qualificatione, terms and proceedings for
- --- - these-five.commissions.will be -.as stated in this -section on
-. procedures." ------ -- --- ---------------
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oenaan nv THE COUNCIL OF THE CITY OF KKNAI, ALASKA, this 18th day of
0
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Chapter 1.59
ADVISORy BICENTENNIAL, COMMISSION
Sections:
-'' 1.59.010 Duties and Powers
1.59.020 Qualifications
1.59.010 Duties & Powers: The Commission shall be required to
do the following:
(a) Develop, adopt, alter, or revise subject to approval by the
City Council and within ninety (90) days of establishment of the
Commission, a Goals and Objectives plan for the celebration of the
Bicentennial of the City of Kenai in 1991.
-- '- -- --- -
(b) Submit to the City Manager and Council, upon approval of the
'
Goals and Objectives plan and annually thereafter, and not less than
ninety (90) days prior to the beginning of the budget year, a list of
recommended capital improvements, which in the opinion of the
Commission, are necessary or desirable to be constructed for the
celebration of the Kenai Bicentennial.
(c) Establish sub -committees to review facets of the
Bicentennial: lands, finances, structures, gathering of cultural and
historical data, and any other sub -committees as recommended in the
Goals and Objectives Master Plan.
;.
(d) Research and procure, with approval of Council, related
that
'i
grants from Federal, State, private, or any other sources. may
become available to promote the City Bicentennial.
y'
1.59.020 Qualifications:
(a) The Commission members are specifically exempted from the
. ,.
residency requirements as stated in KMC 1.90.030.
(b) All other requirements, duties, terms, and proceedings are as
„
stated in KMC 1.90.
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P_UAJ�;_TM
Suggested By: Legal Department
CITY OF KENAI
ORDINANCE 1239-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE KENAI MUNICIPAL CODE TITLE 1 WITH THE ADDITION OF
CHAPTER 1.59 ENTITLED "KENAI ADVISORY BICENTENNIAL COMMISSION"
AND AMENDING KMC 1.90.060.
WHEREAS, it has been determined that there is a need for a Kenai
Advisory Bicentennial Commission
_to plan and coordinate the
preservation and development of significant areas of the City's
history; and,
WHEREAS, 1991 will mark the Bicentennial of the City of Kenai;
and,
- WHEREAS, this Commission will also be assigned the task of
- preparing for a celebration of this event; and,
WHEREAS, the Council desires this Commission to be exempt from
the residency requirement for commissions, committees and boards,
as not forth in KMC 1.90.030, due to the area -wide interest and
importance of Kenai's Bicentennial.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Kenai Municipal Code be
amended as follows:
Section 1:
j.
That Title l'of the Kenai Municipal Code
be amended by the
"
addition of Chapter 1.59 entitled "Kenai
Advisory Bicentennial
Commission;":anid enacted -in its entirety
as shown in Exhibit "A"
_
attached hereto.
Section 2:
That Title 1 of the Kenai Municipal Code
Section 1.90.060 be
- -
n
amended as shown in Exhibit 'IS" attached
hereto.
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PASSED BY THE COUNCIL OF THE CITY OF KENAX, ALASKA, this 18th day
of November, 1987.
f�
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JOHN J. WILLIAMS, MAYOR
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ATTEST:
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Janet Whelan, City Clerk
First Reading:
October 21,
1987
Second Reading:
November 4,
1987
Third Reading:
November 18,
1967
Effective Date:
December 18,
1987
(11/6/87)
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Chapter 1. 99
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ADVISORY BICENTENNIAL COMMISSION
Duties and Powers.
.559 020 Qualifications,
1.59. 010 Duties and Powers: The Commission shall be
---- - 1 reeguired to do the o ow na:
E a Develop, adobt. alter, or revise subject to aouroval by
�11 the City Council and within -ninety (90) days of establis meat of
f the Commisgion.La Goals and Objecticelebration._
lan for the cebration
ot the Bicentennial of the City of Kenai in 1991.
s -- fib) submit to the CigL Manager and Council. upon aDDvai
of the Goals and Objectives Plaa an4 annually thereafter, and not
less than ninety (90Z days prior to the beginning of the budget
year, a list of recommended capital improvements, which in the
=.'=. opinion of the Commission re necessary or desirable to be
-- constructed for the celebration of the Kenai Bicentennial.
c Establish subcommittees to review facets of the
Bicentennial: lands, finances. structures, gathering of cultural
_... .. �. and tkistorical data, and__apy other subcommittees as recommended
in the Qoals and Objectives Plan.
(d1 Research anrocure: Stith approval of Council L, related i
errnnta from Fgderal s•_,Sta�.e� rD ivate, or any other_ sources• that j
m_ y become avai.lebl.e. tr _ Ycm+�te• _the Kenai Bice�nten,iial .
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..... a bec -
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Section 2: t
1.90.060 ia,&e
Spec if of Boe}det Commis8ionsaand
Committees.t (SPECIFIC DUTIES AND POWERS OF THE LIBRARY f
COMMISSION, HARBOR COMMISSION. PLANNING & ZONING COMMISSION,
RECREATION COMMISSION, AND LANDSCAPING/SITE PLAN REVIEW BOARD AS
DEFINED IN SECTIONS 1.57, 11.10, 14.05, AND 19.05, WILL REMAIN IN
EFFECT. CREATION, QUALIFICATIONS, TERMS AND PROCEEDINGS FOR
THESE FIVE COMMISSIONS WILL BE AS STATED IN THXS SECTION ON
PROCEDURES.) a ui ems is of banrds� "gM—*4sicns and committees
as set fort�i fa AMC 190 are_oAn�e_ral reauirements and shell be
followed to the exte t t t t e o not conflict ith specific
reauirements found n code sectioaa snecilica1. Derteiaino to
4..AaviAuwl beards. commissions and committees.
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KENAI HARBOR COMMISSION
Monday, November 2, 1987, 7s00 pm
Report, Regular Meeting
Held, Kenai City Hall, Conference Room
No Q^ uorum
Present
Leon Quesnel
Barry Eldridge
Will Jahrig
Absent
Joe Nord (unexcused)
Tom Thompson (unexcused)
Wally Keppel-Pa a (excused)
Jeff Jefferson (excused)
Tom Ackerly (excused)
Those present reviewed materials presented for the meeting while f
arrival of other members of the
waiting for the anticipated
,.,
Commission.
Chairman Quesnel and Commissioner Eldridge held casual
bring him up to date with the
f
conversation with Mr. Jahrig to
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commission's functions and accomplishments.
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Chairman Quesnel asked that the following items be placed on the I
the November 2nd agendas
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agenda for next meeting, along with
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OLD BUSINESS
Discussion of detailed items on the minutes of October
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5, 1987.
NEW BUSINESS'
Ribbon Cutting Ceremony
Report on Annual Harbor Master's Conference j
Certificate to seat Mr. Will Jahrig as Commissioner k
Note: Thecae agenda items were relayed to Ms. Janet Loper, i
anning Specialist, by telephone on Tuesday, November 3, 1987.
Chairman Quesnel, Commissioner Eldridge and Mr. Jahrig departed
-- - ;;
at B:20 pm.
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End of Report.
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KENAI PARKS AND RECREATION COMMISSION
Minutes, Regular Meeting
Tuesday, November 10, 1987, 700 pm
Held, Kenai City Hall, Conference Room
Presidinge Roger Seibert, Vice Chairman
11 ROLL
Present Absent
Jerry Carlson Richard Hultberg (excused)
Roger Seibert
Marvin Siekawitch
Cindy Salazar
Dale Sandahl
In attendance: Kayo McGillivray, Director, Parke & Recreation
2. PERSONS PRESENT SCHEDULED TO BE HEARD
None.
3, APPROVAL OF AGENDA N
Meeting Date was added to the agenda under New Business,
item 7 (g). Numerical sequence was changed after 95
Director's Report.
Agenda was approved as corrected..
4. APPROVAL OF MINUTES - September 8, 19S7
Minutes were approved as presented.
S. DIRECTOR'S REPORT
i
a. uildin Painting. Director McGillivray reported the
Recreat creation cents two `coats" of Rawhide applied. Four
different contractors were contacted for bids. The bids
ranged from $1,987.00 to $4,700.00. The lowest bidder was
awarded the contract, which went to Jay's Painting.
Director McGillivray was -very impressed with the quality of
work done by this contractor.
b. Lief Hansen Memorial Park. The park is substantially
completed. The w000 around t e gazebo needs to be treated
and will not be used until this spring. The Veteran's plan
to have their first Memorial celebration at the park
- November- Y2;--1987--; and- Director - McGi111vryt
he -
Veteran's were given permission to use the gymfor about an
- W- - - - - %our for -their-program should the- weather as - bad_•
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November 10, 1987
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page -2-
c. Ai ort Triangle Park* The park has been planted and
looks goo Comm ss oner Carlson commented on a low spot
that he noticed. Director McGillivray explained that the
low area that it Wisome work ll drain properly. ring to mound and crown
it up so
dSoftball Field. Director McGillivray reported all the
dirt work has been completedneed more • There has been some damage f
- ere to
from 4-wheelers -already, and will The planting rand hseeding
repair the damage this spring.
=- --- — - - , also, and should be ready for use
will be done this _spring
by the summer of 1989• The 8o£tball Association will buy a
- -
portion of the fence and will be ordered through their
i
association.
e. Report to City Manager - 19,80/1987 • Commissioners
( reviewed t e report Director McGillivray submitted to the
�j City Manager (attached). Director McGillivray explains the
- report to the Commissioners. Comments and questions took
place.
6. OLD BUSINESS_
Director McGillivray explained he
a. Youth 8 orts Field.
had race ve pet t ons by the Little League Association
asking the city to included the development of SectionDirector
for funding in the Capitol Improvement Projects.
McGillivray explained and went over the C7P budget figures
with the Commissioners and indicated $175,000 has been
`..
listed for the Youth Sports Field. Information on the
been taken to Mr. Re
Little League
ache icsfp
drawn sshould the money be pp
ieldspr riated.to
have
7^ j!EW BUSINESS
a. Plant Test Site Meet•
Director McGillivray attended
ice
the meeting an reports that the State Extension . grass
wants to conduct tests of different kinds of plants, g
and growth patterns to establish what will grow best and
�- what will survive.
b. Capital improvements Proecte. Discussed earlier under
6 (a)•
Director
( c. Teen Center supervisor Re lacement • Lou Ann
-. the resignation o Ms.
�.
Mc4i1 v-ray _reports on�-
:.....
Raisbeck (ph) . Mr. Sill Musson has -been -hired- and -will_ begin
eployment on November 16, 1987. Mr. Muin
sson has a degree
- - - -Parke Managementand-is-very--qualified-for the_ position. -- - — - - — -- _ - --
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PARKS AND RECREATION COMMISSION
November 10, 1987
f ,
page -3-
for
d. Donation - Kalifornsk Christian School. A check
_
$500. 0 was received an there w 1 e another donation
- k
forth coming this fall. Cook inlet Academy has also been
using the school for basketball practice at GOO am, when no
other activities are planned. Director McGillivray
explained there has been some discussion regarding trading
hours for mutual use of facilities between the School
-
District and the City of Kenai. This is still being
discussed.
e. Food Service Inspection Report. The score of 98 out a
-
possi 00 points was received. One point was deducted
for lunches brought from home not being labeled with persons
name while being kept in refrigerator, and one point
deducted for not having an accurate thermometer.
f. Pro rams to Re lace Community Schools. There was
genera discussion regarding -pay and use of schools, hours `
and recreation programs. Bill Mubson will look into this.
Commissioner Salazar brought into discussion the situation
involving a teen club. A meeting wad held in Soldotna,
however, she was unable to attend and will try to attend the
next meeting to gather more information.
go Meeting Date.
- ..
MOTION
Commissioner Carlsou moved to change the meeting date to the
third Tuesday of the month. The motion was seconded by }
Commissioner Sandahl. The motion passed by unanimous
consent.
8.' COMMENTS AND QUESTIONS }
None. 1
9. ADJOURNMENT
'.
The meeting adjourned at 7:50 pm.
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N va A. Aburto
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KENAI LIBRARY COMMISSION
November 3, 1987, 7 t 30 pm
Minutes, Regular Meeting
Held, Kenai Community Library
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Presiding: Kathy Heus, Vice -Chairwoman
Present Absent.
Kathy Heus Doug Emery (excused)
Susan Smalley (excused)
4
Dennis Simmons
Carol Brenckle
Dr. Paul Turner
In Attendance: Councilwoman Chris Monfor and past member of
Library Commission, Linda Swarner.
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1_ ROLL L
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Roll was called. Five present and two absent.
2. APPROVAL OF AGENDA
MOTION
e._J Commissioner Turned moved to approve the agenda. The motion
The motion was
was seconded by Commissioner Brenckle.
passed by unanimous consent.
3. PERSONS PRESENT SCHEDULED TO BE HEARD
None. Past Commissioner and Chairwoman Swarner was asked if
it
she would like to speak. Ms. Swarner declined, however,
should have
was mentioned the election of a new chairman
been on the agenda. It was added to the agenda under new
4
business. Also, Ms. Swarner announced a work eession with
of all the committees and commissions on
the council
November 19th •and someone would need to attend. Vice -
Chairwoman Heue asked that this be added to new business on
the agenda.
4. APPROVAL OF MINUTES - September 1, 1987
Vice -Chairwoman Heus questioned Page 1, Item S, last
to work in the
paragraph regarding the hiring of Emma McCune
Director DeForest clarified and stated it should
library.
read: Ms. McCune was hired to implement the Correctional
1
Institutional Grant at Wildwood.
Cornniseionar -Brenckle- asked -that Goal B,-Objective 2,-.-ender
"see brochure
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6-d Five Year Plan, page 2 be correct to say
- -- - for --equipment.'' - - - - — -- - - - - ---- - - -- -- - - - -
- - - I--- - - - -- - -- -
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KENAI LIBRARY COMMISSION
November 3. 1987 i
=
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page -2- I
Vice -Chairwoman Heus asked for a correction on page 3, lot
-
paragraph, Sth liner should read "$1,500.00."
'
Vice -Chairwoman Heus asked for the spelling correction of
Nedra Evenson on page 5, 6-a, 4th line and to be consistent `
throughout. And also, on page 6, 8b the spelling of Evenson
'
should be corrected.
The hours on Saturday should be corrected to S� under
Objective 9, page 4 as pointed out by Director DeForest.
:.:
MOTION
Commissioner Turner moved that the minutes be approved as
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corrected. The motion was seconded by Commissioner
Brenckle. The motion passed by unanimous cdnsent.
S. DIRECTOR'S REPORT
Director DeForest reported they have acquired 01,500.00 Read
only Memory machines, which are in sound' unbeknownst to the
Director and at the same price as the others. The laser
;1
disks have been ordered, but have not been received as yet,
they are expected in December. Information on a Telefax
machine and equipment has been sent for and is being
investigated further regarding costs and operation. E
It was further reported that all of the computer equipment
has arrived. All has been tested and is operable. On
November 16th Chris Erickson (ph) will come and train on the
cataloguing so that books can be marked and entered into the
computer. Discussion took place regarding the -process of
cataloguing and labeling. Everything should -be on line by
January. .Director DeForest went on to explain the process
£or�entering,the library data and its functions.
Director DeForest has taken the policy on Disruptive
Behavior to the City.Attorney. The policy is fine, however,
nothing has been found in the City Ordinances that
classifies disruptive behavior.
The Trustee workshop was very successful and well attended.
The subject of having a student representative was brought
into discussion. This will be discussed under old business.
The circulation of books for the overall month was nearly
�_ = ------ ---= - - - ---6 - 000--books-last-month. -- - -- -- - - - -- ------ --
J
Aft KENAI LIBRARY COMMISSION
November 3, 1997
page -3-
There has been a complaint about a book titled "Oh, Lordl" .
The book was passed around to the Commissioners for review.
Discussion was held regarding the procedure to follow and
the position the commission wishes to take. This will be
discussed later in the meeting.
The Literacy Grant was received in the amount of $10,000.00,
and Director DeForest explained its purpose was to
coordinate materials requested by the various literacy
tutoring programs within the area. June McLoud (ph) is now
doing the literacy grant portion of it. She has a degree in
Business Administration and in Psychology, with an added ten
years experience in the library.
Director DeForest handed out a list of programs and
collections of service offered by the library.
{ 6. OLD BUSINESS
a. Computer Schedule. This was discussed earlier, and
� Director DeForest added there is six public use terminals
e° and one for use at the reference desk.
b. Trustee Workshop. The workshop was reported on earlier
in the meeting. Vice -Chairwoman Heus commented that she
attended a portion of the workshop and found it to be a good
y� experience. Commissioner Simmons attended the morning
session and enjoyed it and felt it very worthwhile. Ms.
Linda Swarner enjoyed the workshop and also felt it was good
education for those who attended.
c. Student Representative. Vice -Chairwoman Heus asked for
;I comments and suggestions from the Commissioners., General
discussion was hold .regarding the selection process, student
levels and policy.
MOTION 1
Commissioner Simmons moved to begin a search for a student
representative to the Library Commission. The motion was
seconded by Commissioner Brenckle. The motion passed by
unanimous consent.
- MOTION
Commissioner Brenckle moved to ask Commissioner Turner to
- ----- - - --' - - - - - --
draft a proposal outlining the procedures for acquirin a
•- student representative to be presentation at the next
y;
- :. --'�------`--_---� -- — - - - -- meeting. -The motion- was seconded- by-Commiseioner-_ Simmone, _ -- - -- _-- - (-.--
-
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KENAI LIBRARY COMMISSION
November 3, 1987
page -4-
Discussions Commissioner Turner agreed to draft the
proposal. The motion passed by unanimous consent.
7. NEW BUSINESS
a. Resignation of Commissioner Swarner. Chairwoman Heus
recognized the resignation of Commissioner Swarner due to
her election on the Kenai City Council. Commissioner Turner
conveyed the commissions appreciation for Commissioner
Swarner's years of service and the unswerving duty to the
library, and many meaningful council meetings which has a
lot to do with -where they are today and thanked Commissioner
Swarner personally.
b. Work Session. A work session will be held on November
19, 1987 with City Council and a representative from each of
the commissions and committees. Vice -Chairwoman Heus asked
for the attendance of a commissioner at that workshop.
Councilwoman Monfor indicated a small report and a copy of
the library's goals and objectives should be presented.
c. Nomination of Chairperson. Discussion and/or volunteer
as the chairperson was called for by Vice -Chairwoman Heus,
Vice -Chairwoman Heus consented to serve as Chairwoman for
the Library Commission until January 1988.
d. Chairwoman Heus asked for other new business. The
complaint on the book "Oh, Lordt" was brought into
discussion, and thoughts on how the commission could be of
service in this capacity.
MOTION
Commissioner Turner moved that the library continue to have
this book and its holdings. commissioner Brenckle seconded
the motion. Chairwoman Heus asked for discussion.
Commissioner Turner noted under the First Amendment, the
aspects of our constitution.
Commissioner Simmons asked if this would be a standard
policy of defense of the First Amendment or take this item
by item as books come up and decide book by book.
Chairwoman Heus asked if the library had a request for
- reconsideration policy- of - materials, other,- than the
complaint form.
C
P1
KENAI LIBRARY COMMISSION
November 3, 1987
'
page -5-
Director DeForest explained she had been asked this by the
commission in the past, and at that time she had anticipated
appointing a committee for review to determine whether or
-
not qualifications were met for library usage.
The discussion continued regarding avenues of
reconsideration for patrons not satisfied with
determinations made by the commission. Several
Commissioners expressed their support for the right to read
and the responsibility and freedom of patrons to select
- -- --- - - -
readingmaterial appro riate for their children.
Commissioner Turner felt it really was basically a right and
did not believe that this book violates any gross or minimal
aspects of community standards and would like to see the
library leave this book on the shelf.
Chairwoman Heus' concern was for a written procedure.
Commissioner Brenckle suggested a book selection policy, and
some type of research of material and reviews from
publishers.
f
Chairwoman Heus repeated the motion and asked for the vote.
The motion passed by unanimous consent.
Commissioner Simmons asked about a follow-up procedure.
Director DeForest will follow-up with a letter of
acknowledgement.
Commissioner Turner volunteered to draft a proposal of
procedure for review of a patrons' complaint of a book. The
;r
criteria for the proposal was discussed and suggestions
made. i
8. COMMISSION COMMENTS &.QUESTIONS
Commissioner Simmons thanked the commission for calling and
apologized for being late. j
Commissioner Turner appreciated the refreshments and
complimented Chairwoman Heus for doing a "great job" this
_ _..._..:
meeting.
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Commissioner Brenckle was glad to be back, looks forward to
the meetings and missed not having a meeting last month.
k-- ----: _�-----.---__- - --
-- .. Chairwoman _.Heus_ extended.. her. appreciation -to- Linda- ($warner). ------...-- -.------___----
_-
for her efforts in support o e commission an or
_,.Y_-�--------- - -��
the library d_ wished her well in her life as a City
any - - - - -- i-
-- -
---- - ---- - - -- - -----
f
Councilwoman. Chairwoman Heus also wanted to relay
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KENAI LIBRARY COMMISSION
November 3, 1987
page -6-
information on a article she had read, regarding a library
that does share "check-out educational toys". These toys
are the type, which sometimes, parents cannot afford
themselves, and the program is run under the aspect of child
developments and also, has a child development specialist
who is involved in acquiring these toys.
Councilwoman Monfor apologized on behalf of the city for the
agenda not being available to the Commissioners beforehand.
--- - - - - their
Director DeForest thanked the Commissioners for
consideration and for coming.
9. ADJOURNMENT
The meeting adjourned at 9#15 pm.
va A. A urto
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for the City of Kenai
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9(enal eommanity-X&%aey
A PUBLIC LIBRARY IN SERVICE SINCE 1949
183 MAIN STREET LOOP
KENAI, ALASKA 99611
'
S E R. V I C E S
SPECIAL COLLECTIONS
Alaska Document Depository
PART collection for tutoring program
Genealogy collection
Telephone books on microfiche
Periodicals on microfiche
Legislative bills and information
Congressional Record
College catalogs on microfiche
Large print books
Book on tape or phonodisc for the blind or physically handicapped
Players for tapes and phonodiscs
MATERIALS FOR CIRCULATION
Periodicals
-
Phonodiscs
Books
Cassettes
Puzzles "
McNaughton books
--.
PROGRAMS
Story Hour 10:30 until 1100 Thursdays
Summer Reading Program June June 4 until July 13 (approximately)
Summer Alaskans Film Program May 15 until September 15 200 pm daily
Friday Flicks Family Movies Fridays from January to Mid -March
Totem Tracers meetings 3rd Tuesday each month 7:30 pm
SERVICES AVAILABLE
Mitrofiche/Microfilm reader/printer
;::.,...... ._. cs
Info- rac (magazine index)
.--,..
Reader's.Gufde to Periodical Literature
Manufacturer's Register
-- +
NewsBank (newspaper clipping service)
Apple IIe
Typewriters
AV MATERIAL FOR LIMITED CIRCULATION
Projectors Films 16mm or 8mm
wj
16 mm (S) Polaroid cameras (6)
8 mm (2)
Slide -- {2}- - Timex -Sinclair 1000 computer -
.-'.. -"
Overhead (2) Phonodisc 1p ayers
-0pal}ue -
Filmstrip (2) Cassette players
.. :.
Sound slide
Bausch 6 Lomb magnifying less
7
Screens 36"x36" and 701100" Microfiche readers
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KENAI BEAUTIFICATION COMMITTEE
October 27, 1967, Tuesday, 1:30 PM
Held, Kenai City Hall
Presiding: Tim Wisniewski, Chairman
Meeting was called to order by Chairman Tim Wisniewski at 1:30
p.m. New Committee Member, Vera Tchaeple was introduced and
welcomed to the Committee.
1. ROLL CALL i
Present Absent
i
Tim Wisniewski Geraldine Sparks (Excused)
Lil Hakkinen
Glen Jackson i
Vera Tchaeple
:. Nina Selby
Pat McComsey
Roseanna Sheldon
In Attendance: Sally Bailies Secretary Janet Loper;
Kayo McGilliray, Parks and Recreation Director; Barry
Eldridge, Rotary Representative j
2. PERSONS PRESENT SCHEDULED TO BE HEARD
Barry Eldridge, Rotary Representative
Proposal for Welcome to Kenai Sign. Chairman Wisniewski
reported that one of the Committee's concerns for next year
was to get something done to beautify the location where k
_ the sign was moved. Rotary Representative Barry Eldridge I
is chairperson of that and he asked him to give hie views
and ideas.
a •.
- Barry Eldridge reported that he took a look at the new
-;- location of the sign and suggested that doing something with
excess railroad ties would be appropriate to enhance the
} sign. He reported that the Rotary Club has a meeting this
coming Friday, but the members had made a commitment to this
project at a previous meeting.
3
KENAI BEAUTIFICATION COMMITTEE
October 27, 1987
Page -2-
3. LEIP HANSEN MEMORIAL PARK
Councilwoman Bailie passed a rough draft of a memorial
certificate around for the members to discuss.
NOTION
Glen Jackson moved that the certificate be accepted as presented.
Roseanna Sheldon seconded the motion. Motion passed by unanimous
consent.
t
4. JOINT MEETING
Secretary Loper reported that the date Chas been set for
November 19, for a joint Commission, Committee and Council
meeting. Every member is invited to that. Details of time
and place will be forthcoming in a memo.
5. RECYCLING CANS
'
Committee Member Lil Hakkinen reported that Sue Carter at
the Chamber of Commerce informed her that Tom Carter of the
Alaska Cycle Center of Anchorage will be coming down in
-
November for a meeting. Sue Carter will contact the
... •.
Committee regarding the date and time of the meeting, and
-
suggested that one of the Beautification Committee members
.-
at..tend. :Craycroft Chrysler is interested in being a pick up
"
station for cans, battles, and papers.
6. ADJOURNMENT
►'
in was ad ourned at 2:15 P.M. The next meeting
The meeting j
_
will be in January, 1988.
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Wilma L. Staton, Recording Secretary
Niva's Clerical Services
for the City of Kenai
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 210 1987 7:00 PM
PLEDGE OF
ALLEGIANCE
A.
ROLL
CALL
1.
certification of Election
2.
Swearing in of New Council members
3.
Election of Vice Mayor
4.
Agenda Approval
S.
Consent Agenda
*All items listed with an asterisk M are
considered to be routine and non -controversial by
the Council and will be approved by one motion.
There will be no separate discussion of these
items unless a Council member so requests, in
which case the item will be removed from the
Consent Agenda and considered in its normal
sequence on the agenda as part of the General
Orders.
Bo
PERSONS PRESENT SCHEDULED TO BE HEARD (Five Minutes)
1.
Attorney Rick Baldwin - Dick Morgan, Golf Course
2.
Architect Carmen Gintoli - Congregate Housing
C.
PUBLIC HEARINGS
1.
ordinance 1237-87 - Increasing Rev/Appns - Airport
Terminal Renovation South - $50,000
2.
ordinance 1238-87 - Increasing Rev/Appne - State
Grant and Donations - Library - $10,810
y.
3.
Resolution 87-64 - Amending Kenai Municipal code
Creating Kenai Bicentennial Commission
ID.
'COMMISSION/COMMITTEE
REPORTS
I.
Planning & Zoning
2.
Harbor Commission
3.
Recreation Commission
4.
Library Commission
5.
Council on Aging
6.
Airport Commission
7,
Economic Development Commission
8.
misc. Comm/Comm
E-0
'MINUTES
1.
*Regular- -Meeting Oct.--7,-1987
F-
CORRESPONDENCE
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1. *Alaska C&RA - Taxable Real & Personal Property of
City
2. *Sen. Jay Kerttula - Spur Highway Reconstruction
3. *Governor Cowper - Letter of Thanks
4. City of Seward - Resolution Regarding Fisheries
Business Tax
5. Alaska Div. of Management & Budget - Candidate for
Coastal Policy Council
6. Senator Ted Stevens - Meeting in Anchorage
Regarding Navy Homeport in Alaska
7. *Plant Test Site Advisory Committee Meeting
G. OLD BUSINESS
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. Discussion - Representative for NLC Small Cities
Council
I. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. Mayor
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
n
KENAI CITY COUNCIL - REGULAR MEETING - MINUTES
OCTOBER 21, 1987 - 7000 PM
KENAI CITY HALL
MAYOR JOHN J. WILLIAMS PRESIDING
pLEDGE OF ALLEGIANCE
A. ROLL CALL
A-1 Certification of Election
Clerk Whelan reported the results of the Oct. 6, 1987
Regular Election for the City of Kenai. Complete
break -down was included in the packet.
COUNCILI
Marjorie O'Reilly - 645
Linda Swarner - 439
PROPOSITIONS:
Proposition N1 - Passed
Proposition 02 - Failed
Proposition N3 - Failed
TOTAL BALLOTS CAST - 1101
Election certified by unanimous consent of the Council.
A-2 Swearing in of Now Council Members
Mayor Williams issued proclamations of appreciation to
former Councilmembere Bailie and Malston.
Mayor Williams performed the formal swearing -in
ceremony for councilmembers O'Reilly and Swarner.
A-3 Election of Vice Mayor
MOTIONS
Councilman Ackerly moved, seconded by Councilman
end furthermovedthe nominaate tions bean sles closed or Vice Mayor
Motion passed by unanimous consent.
A-4 Agenda Approval
a. Mayor Williams asked that item 8-3 be added (Betty
Warren, Expansion of Senior Center).
b. Mayor oalvano, LittleaLaaguesked hatpotitions item B-4 foraBasebdded ad Baseball
Fields).
c. datefor item CiOrd- 1237-87
rlsnt ed material distributedirpoort Terminal
Renovation) 3 87-641 be
d. Mayor Williams asked that item C- Res.
deleted and replaced with Ord. 1239-87,
!
distributed this data. Ord. 1239-87 would be
!, : •f- ,
added as item H-4 on the agenda.
Williams asked that item C-7, dated Oct. 16,
Mayor
1987 (Economic Development Commission Goals i
},
Objectives) be discussed.
f. Mayor Williams asked that Monte Carlo License
Request, Eagles Club - distributed this date - be
rr
_added _ as- item H-5.
Mayor Williams noted material distributed this -
g• .
r/
date by Architect Dintoli regarding Congregate
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- - -- -- --- - _Housing. -- - - - -- -
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j KENAI CITY COUNCIL
OCTOBER 21, 1987
PAGE 2
h. Mayor Williams noted the material regarding
Capital improvement Projects Priority List,
distributed this date.
NOTION
Councilman Ackerly moved, seconded by Councilman
Measles, to approve the agenda as amended.
Motion passed by unanimous consent.
A-5 Consent Agenda
Approved as submitted by unanimous consent of Council.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
B-1 Atty. Rick Baldwin - Dick Morgan, Golf Course
Atty. Baldwin, representing Mr. Morgan. He explained
the City owns a piece o! property off Linwood Lane.
Approximately 1983 the land was not being used, the
City was approached by Burnetts. They asked for an
easement across there to their property. The City said
yes, it requirements were met. Thera wore not met.
-. Morgan decided in 1964 to build a golf course with
knowledge of this. The agreement was he would work
for 20 years and it would revert to the City. He
)uld build the first 9 holes, the second 9 holes would
3 at his option. Earlier this year he indicated he
:uld exercise his option to take the second 9 holes.
be Burnetts objected. Mr. Morgan attempted to mediate
his. It was not resolved to Burnett 's satisfaction. i•_
r. Morgan was given a lease, he began the second 9
Olen. The Burnetts filed suit and put a Cloud on the
itle, so Mr. Morgan could not finance. He has cleared
he ugust or Sept. Sept mIS,1987 area ownytthesCityto bsuedsMrr- in
organ. Mr. Morgan is now in retirement, this is no
onger fun. It is too expensive to litigate with the
!ity. He has to spend money to get lawyers. Atty.
ialdwin is asking the City what Mr. Morgan did. Why
lid the City sue him when he was trying to do something
load for the City? He asked they not say, because the
ittorney said it was a good idea. He noted his clients
lay if it is good idea, his clients set policy. This
A a poor policy to sue somebody that is trying to do
iomething good for the City. He requested the City not
&us Mr. Morgan unless they -can toll hxm what he dial.
[f he has wronged the City in•somc way,-rlo ahead and
Sue him•"because it is good idea." Mr. Morgan has
authorised Atty. Baldwin to Come to Council this date
end ask Council to reconsider suing him. If Council
gants to lawthat
City takegthehead golfwith courseeback.suitHe�willasked walk away.e
Councilman Measles stated this is the first time
Council is aware that the City is suing Mr. Morgan.
This upset him very much. This should not be done
without Council notification.
week'and said heiwould,betat.Council called
tookhim
Issue
last
with Atty. Baldwin. we now have a record of his side
of the issue. The Burnette filed suit against the City
and Mr. Morgan. In response we filed cross -claims
against Mr. Morgan saying if we were responsible for
Burnettse of parties, theyeprovidesions Council directlysdocuument sidy
the
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KENAI CITY COUNCIL
OCTOBER 21, 1987
PAGE 3
available to Mr. Morgan because he objected to them.
They were available to Mr. Morgan and his attorney.
They edited them and made changes. when they wore
satisfied the documents were brought back and approved
by Council. one provision was that Mr. Morgan would
indemnify the City for any claims against the City that
we were required to pay. NO is also upset with Atty.
Baldwin. prom the telephone conversation last week
that he would be here, Atty. Rogers was surprised if
Mr. Morgan did not ask for some relief. He is also
disappointed in the oharaotorieation. That document
provides indemnification to the City for claims against
the use by Mr. Morgan. Atty. Rogers' cross -claim is
because of use by Mr. Morgan: He also claimed there
was notice. At the work session, the claims of the
Burnotts, the physical condition of the property, the
conditions were readily ascertainable by visual -
inspection. If it is Council desire !this should be by
executivo session) not to exercise their legal rights,
we can discuss this. But to characterise this as a
suit initiated by the City Attorney is not accurate.
We did not join the Burnetts. We did not make Mr.
Morgan adjoin, the Burnette did. He maintained that
Mr. Morgan is an indispensable party in the litigation.
His rights will be affected by this litigation. He
will not debate Atty. Baldwin in public forum.
Mayor Williams suggested at the Oct. 22 work session,
Council could have an executive session. Atty. Rogers
replied he would not be here. Mayor Williams said he
could schedule an executive session. He asked Council
not to discuss this openly since this is in litigation.
Atty. Baldwin replied, to the extent that any comments
would be taken as an attempt to disparage Atty. Rogers,
he would retract anything he has said. That was not
his attempt to impugn Atty. Rogers. Mr. Morgan feels
he has been sued.
Councilwoman Monfor said she found it incredulous that
we are still dealing with Burnetts and Morgans. She
would like to gat this closed up as soon as possible.
Mayor Williams noted it is within Council realm to have
an executive session. Councilwoman Monfor said she is
scheduled to go Outside Oct. 22 for an indefinite time.
If Council wants an executive session this date, she is
willing to meet. Atty. Baldwin noted Mr. Morgan is out
of State, there is no time crunch within the next month
or so. It•noods to'be resolved. but there is no
urgency for -the next 30 days'or so. Atty. Rogers said
he called him last week and asked for an agreement, of
no rosponse for 30 days. He said he could have an
indefinite continuance for answering our cross claim.
The litigation is on hold. He believed the Burnett
property may have changed hands. He asked Atty.
Baldwin if this was so. Atty. Baldwin replied he had
heard rumors. Councilwoman Monfor stated we should
wait. She suggested the 2 new Council members get the
background information. Atty. Rogers replied he will
redistribute to the whole Council.
ADDED ITEMS
_. Moyor.williams noted Son. Fischer was in the audience.
He added, Son. Fischer has .introduced a bill -for
i161,00o to be used for study and implementation of
----- ----Congrogate_Hatming-for Kenai.- —
B-2 Architect C. Gintoli • Congregate Housing.
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KENAI CITY COUNCIL
OCTOBER 21, 1987
PAGE 4
Gintoli reported he has boon working with City Manager Brighton, icon. Fischer, Hospital Administrator
Mike Lockwood and the Council on Aging. An agreement
has been signed. It is time for a feasibility study.
Dennis Murray will be working with them. They will be
looking at demonstrations, neighborhood services, needs
of the elderly, ate. After the study is completed,
they will work on design. There are 3 scenarios if
it is needed, how big and how much it will cost. The
Lutheran Homes Services will be doing this. Mr.
aintoli will do the sight analysis and survey (the
property has not been platted). McLane Surveying will
do the soils investigation, Code review, physical
character of the site regarding utilities and access
relating to the Senior Center. Mr. Ointoli will
prepare and site aplans. Estimated program for the ptotal tcost hematic designs,
in $69,300
Councilwoman Monfor asked why we are not going out for
Request for Proposals from other architects. There is
another one in the City. City Manager Brighton
explained, it is not necessary to go out for proposals
for professional services. The City was looking for
free help to this point, Mr. aintoli was on this and
other projects. He provided hours of help to get this
done. There is no look -in with the architect, but from
Administration's standpoint, we have felt that Mr.
Ointoli's work and performance as inspector has
provided more dedication and sincerity for the City
than almost anyone else. Administration would
recommend Mr. Ointoli. He added, after consulting with
Sen. Fischer, there seems to be enough money, projected
costs are extremely reasonable. The project needs to
We have as
forsaboutta yearrelease whyttheSon.
fundsshave.
not been released to the City. we anticipate we would
have the money 2 weeks after approval. Councilwoman
Monfor asked if the feasibility study by Lutheran Homes
for $36,000 - does that go to the State or back to
headquarters? Mr. Lockwood replied, part to each place
• most goes to salaries. councilwoman Monfor asked if
that couldrepliedthere athereeare noPep
in the 8tate�aapableoofwood
doing this. Providence Hospital has their own planners
but do not have time to do this, he has asked. City
Manager Brighton asked Council to authorize
Administration to prepare a contract carrying out the
specifications Mr. aintoli has prepared to have
available once the money is appropriated. He
anticipates the money should be appropriated this week,
but we could not have an ordinance till next mecting-
Couneilwoman Monfor asked Sen. Fischer, onto we do
everything we have to do to get the money, what is his
feeling of the money coming out of Juneau? Sen.
Fischer looking et jobs �aft rhe sitp10 built- timistic abtftwet
can keep
costs down to $3 Million to $4 Million, there is a good
begin a position to 90 ahead when . The City itready. Thatild
n
a good selling point. He is concerned about cost of
things when the State does a project. The City will be
a model to the rest of the State that it can be done
for less and will be a model of efficiency. We know we
will not build a pioneers' home. it should bring Kenai
and soldotna together. He is willing to fight for it.
Ho does not look- at -this -as "part --of the. fair shard for
Kenai." The City is coming forward to say there is a
need for seniors. This is totally different than road
menOyr - - -- -
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KENAI CITY COUNCIL
21, 1987
OCTOBER
PAGE 5
'
MOTIONI
Councilman Ackerly moved, seconded by Councilman
Measles, that City Manager Brighton enter into an
appropriate contract and get this project off dead
center.
Motion passed by unanimous consent-
9-3 Betty warren - Expansion of Senior Center
-•«''-
Betty Warren, Vice President, Council on Aging. She
-
read the resolution from the Council on Aging
supporting expansion of the Senior Center. She noted
on Oct. 20 they had 90 people for lunch, they have
- - -
served 900+ meals over projections, they raised
f2,000+ over projections. They cannot find parking
places. They had a 16th anniversary party, of the
j
original 25 people there were 3-4. They have a happy
l
center, good meals, the programs are great. it is a
home away from home. The appreciation from the senior
citizens at large is great. More people are growing
older. They asked Council to take this under
advisement. Mayor Williams noted the discussion with
Mr. Gintoli and the Lutheran domes suggested the
congregate housing be designed so that the current food
facility and dining room be the same. He would like to
expand them if we get the money. if we do not, we will
_
have to have a contingency plan.
MOTION:
"
Councilwoman Monfor moved, seconded by Councilman
McComsey, to accept the resolution from the Council on
Aging regarding expansion of the Senior Center.
Motion passed by unanimous consent.
"
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B-4 Bud Gaivano, Little League - Petitions, Baseball Fields
i
Bud Galvano, Board of Directors of Little League and
umpire consultant for Little League Dist. #I. He
�
i.
represents 500+ Little League players and 700+ adults
for a petition to add baseball fields to the Capital
-
Improvement Projects priority list. This is a
volunteer organization, self supporting, with adult
volunteer work projects. The benefits are many: it i
instille teamwork, fair play and discipline. They do ;
not allow -use of langt•aga that would refer to other
'p3vtyers, no alcohol or'' t0b tcco. Those the'-. play Little
League are better equipped to,faee growing up
► = -
physically and emotionally. The City plans to use the 1
current fields for an R/V park, and offered another
field. They are happy where they are, but they do not
-
want to stand in the way -of the City getting revenue.
They could build one field per year at the new
location, but if they are put on the City Capital
improvement Projects priority list as getting financial
aid, they could do it faster. it may be 3-4 years. An
example of the benefits$ the 8oldotna tournament had 8
teams from outside for the first time in their history.
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They send 6-18 teams outside every year. 3,500 people
came up. The community benefited. They could do the
-y__.--_-------- - .. - - - -....
delegates going outside --so-
same for Kenai: -They -have del da
This I@ more cost-effective
_
to get more tournaments.
than money spent on cheer leaders and football teams in
(�
-----the schools. - Counoilwoman-Monfor- said -last yearw a -had - - - - - — - --- --- — - ----
delegation here working for new ball fields. Put
a
in $25,000 and had the dump site platted. it was not
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KENAI CITY COUNCIL {
OCTOBER 21, 1987
PAGE 6
the intent of Council to put in an R/V park. Mr.
Galvano explained they had hoard there would be an R/V
park there. They are happy where they are and want to
stay. Mayor Williams explained, since Council action
taken to sot aside that land to develop Little League
fields, there has been a change in Little League. He
explained to them Council would not give anything away
without assurance of stability. Councilman Measles
explained, it became apparent Little League would lose
the dust bowl. Without that, if the City could provide
fields in addition they could get by. The idea was to
have all in one location. When it is spread out,
Little League loses the effectiveness of the concession
stand. Mayor Williams said council had been working
for some time for an R/V park. That area has been
discussed, we have not come to a conclusion. It is BOR
land, we do not know if we can use it. Council needs
to come to a decision if we want to develop ball fields
there or some other area and combine. Are we willing
to set aside the cost, $175,0007 To -combine the fields
would be good for Little League - the present area is
windy and cold. City Manager Brighton noted the group
needs assurance where Council is at this time. Council
has back-burnered any thought of an R/V park at that
site. But Council has had the area platted for
proposed ball fields on the basis the Board would come
up with volunteer help to do leveling, tree cutting,
etc. to help costs. They are not in jeopardy of losing
the present site. They can enhance what Council has
done by performance that would help the city alleviate
costa to enlarge the facility. Mr. Galvano explained
they thought they would have to do 5-6 fields in one
year. They can do some work. Mr. Brighton explained,
if they did one per year, Council would accept their
ggood intentions. Mr. Galvano said they want assurance
it will not be taken from them. Mr. Brighton noted
their actions show that. Councilman Ackerly added,
that is the beat use of the land. Mayor Williams said
we have had the land platted and set aside for Little
League. The time frame is conjecture. Councilwoman
Monfor asked about the money set aside last year.
Mayor Williams explained it was not for just this
project. Councilman Measles said the $25,000 was not
aside to start development of the new Little League
park. Clerk Whelan was asked to research the minutes
regarding use of the funds for the Oct. 22 work
session. Councilwoman Monfor askedof the i25,000,
how much is left? Accountant Parnoil replied, if it
was in Gecieral Fund, i%: reverted back at the and of the
year.' Recreation Dire, -tor McGillivray said some was
used for - platting 1.11 tilo now area. A small amount was
recently appropriated. There is approximately $20,000
left. It was Roe. Commission request to develop new
fields because the dust bowl would be lost. It was not
for a specific reason. As far as Little League is
theway,concerned, they
park came aboutt with hand they where panicked.
Council and the Rec. Commission have not approved the
R/V park. The Roo. Commission felt the new area should
be used for other activities besides baseball. Mayor
Williams assured Little League there will be no changes
in the next season- Councilman McComsey said there is
water-6.sewer _at the edge of the property, they could
run it into t-he property for concessions-with-tho
$20,000 balance. Rec. Director McGillivray noted the
funds are Federal_ Revenue Sharing, the money is still
available. councilman Ackerly-suggested Little league - =j
continue meeting with Rec. Director McGillivray and �.✓
work out the problems. Mr. Galvano noted he has 700
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Kohl CITY COUNCIL
OCTOBER 21, 1987
PAGE 7
signatures on petition. Mayor Williams suggested they
be brought to the Oct. 22 work session.
C. PUBLIC HEARINGS
C-1 Ord. 1237-87 - Increas. Rev/Appns - Airport Terminal
Renovation, South - $50,000
MOTION:
Coudt6lman Measles moved, seconded by Councilman
Mccomsey, to adopt the ordinance.
PUBLIC COMMENT:
a. Bill Kluge, Architect, Tangent Building, Kenai.
Regarding submitting professional proposals for_ --
work for the City. In the past the City has Oct a
precedent regarding proposals for professional
services. Regardless of whether they have worked
better with one than others, they have continued
requesting proposals. He has lived in Kenai for 6
years. He worked on the 1982 documents for
renovation of the airport terminal and senior
citizen center. He would be glad to submit
references. He would have liked to submit
proposals on the airport terminal and would like
to be included in future projects.
Motion passed unanimously by roll call vote.
C-2 Ord. 1238-87 - Increas. Rev/Appne - State Grant i
Donations - Library - $10,810
MOTION:
Councilman Ackerly moved, seconded by Councilman
Measles, to adopt the ordinance.
There was no public comment.
Librarian DeFOrest explained, the grant is from the
State Div. of Librarian for literacy purposes. They j
will purchase books and other materials to aid literacy
programs: tutors, education and handicapped. They
will keep the material in the library for all to use.
Motion passed unanimously by roll call vote.
D. COMMISSION/COMMIT'iEE REPORTS
D-1 Planning A Zoning 1
A. Mayor Williams noted Commissioner Misshou
resigned. before
b. Councilwoman Monfor said in previous years.
Council work session regarding Capital Improvement i}
Priorities, Council has asked Planning 6 Zoning to t
review and make recommendations. We are remiss
to not have their input. Mayor Williams asked if
they have discussed the Capital improvements List.
Councilwoman O'Reilly replied, not to her
knowledge. They have not met in a month.
Councilwoman Monfor suggested they be asked to ?
Attend the Oct-. --22 work --session. --Clerk Whelan was, -._.__---
asked to contact the Planning 6 Zoning members.
D-2 Harbor -Commission- - - -- - ---- - --- - - - -- `-- — -- -----
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KENAI CITY COUNCIL
OCTOBER 21, 1987
PAGE 8
Commission Chairman Quesnol noted he intends to be at
the oat. 22 work session.
D-3 Recreation Commission
Recreation Director McGillivray said they do not have a
student representative. Mayor Williams asked
Councilman Ackerly to submit suggestions from the high
school.
D-4 Library Commission
Councilwoman Swarner said they had no meeting in
October. They had a trustee's workshop. She suggested
a -representative from the Growth Company speak to all
Comm/Comm members. The State Librarian visited the
library and was impressed. Mayor Williams said after
the let of the year he will try to develop a seminar,
and asked Councilwoman Swarner to give the material to
Clerk Whelan. Councilwoman Swarner noted they need a
new member.
D-5 Council on Aging
Program Director Porter said they need an ad hoe
member.
D-6 Airport Commission
Councilwoman Monfor asked if the $160 paid to the
airport when the 747 landed had paid for the broken
lights. Airport Manager Ernst replied the coat was
minimal. The greatest cost was wiping mud from the
lights.
D-7 Economic Development Commission
a. Chairman O'Reilly reported drafts of the
Commission Goals i Objectives and Policies were in
the packet. There are 4 points to reviewo 1)
What will be the designated areas of
responsibility of the Commission. 2) Projecting
where the community will be in the future. 3)
Establishing of a local data base. This was sadly
lacking last Fall when there was an element of
local panic in the business community. Various
groups had some information but not one place
for all of it together. As a result an atmosphere
of fear crept through the community. The
businessmen -did not order inventory for Chriermas.
4) It will be a blue print of how economic
development will be handled in the future. They
are eager to go forward but this had to be done.
Economic development affects everybody and
everyone has an opinion. Mayor Williams said,
regarding the data base. He had a meeting with
Dept. of Labor. The data for labor and employment
in Kenai/Soldotna is 1984. They have Statewide
for 1987 and Gulf Coast for 1985- How can we
develop any plan in this day i age based on this
data? Chairman o Reilly explained, they have to
have Council approval of Goals i objectives to get
)NI
Councilwoman Monfor moved, seconded by Councilman
McComsey, that Administration prepare a resolution to f;: 0"
KENAI CITY COUNCIL
OCTOBER 21, 1987
I PAGE 9
adopt the Commission Goals i Objectives for the Nov. 4
meeting.
Motion passed by unanimous consent.
b. City Manager Brighton said at the Oct. 1 meeting
the Economic Development Commission voted
unanimously to send a representative to the
Chamber of CommOreO meeting in Juneau, and the
City pay 1/2. it will now have to be approved by
Council. The total is $454.81. it should be
approved prior to travel. it would have been
questioned by Administration if they had bedent en
Kenai#as Chhamber ofpCoem�erce. iive tsisraschamber the
responsibility.
MOTION
Councilwoman Monfor moved, seconded by Councilman
Mccomsey, to pay the f454.81.
vam (Passed)s
yes, Williams, McComsey, Measles, Monfor, O'Reilly,
Swarner
Not Ackerly
a. Councilwoman Monfor suggested Chairman O'Reilly
attend the Municipal League meetings at City
expense. Chairman O'Reilly explained that was
discussed at the meeting. There is only one
meeting on economic development. City Manager
Brighton noted MFOA will have an economic
development meeting and Municipal Managers will
also. Chairman O'Reilly said a lot would be
gained by the meeting with State and other City
economic development representatives. He
suggested sending another commission member.
Mayor wiiliams asked Chairman O'Reilly to arrange
someone to attend and notify Clerk Whelan.
Council agreed to the suggestion-
0-8 Misc. Comm/Comm
a. Councilwoman Swarner said she attended the Plant
Test theirs successes and ifailures. Some ey reported on
trees
sueceeddc', they will plant more. There is a wind
break planted.
b. Mayor BicentennialHe spoke msesetoson.isherand
reported on
the Fischerand
Economic Development people. There may be up to
$40,000 from the for
Humanitieaoinnal suppo
s. Thereisgrowgrt.
B. MINUTES
E-1 Regular Meeting, Oct- 7, 1967
Approved by Consent Agenda.
CORRES -
F-1 AK CiM - Taxable Real i Personal Property of City
-- Y_.�— - ---- - -- - -- - F=2 Sen.- Jay KerteuIs spur Highway Reconstruction--- _
F-3 Gov. Cowper - Letter of Thanks
P-4 City of Seward - Resolution Regarding fisheries
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KENAI CITY COUNCIL p
1 OCTOBER 21, 1987
PAGE 10
Business Tax
Approved by Consent Agenda.
P-5 AK Div. NanaQomont 6 Budget - Candidate for Coastal
Policy Council
mayor Williams asked it there Was any benefit for the
City. City Manager Brighton replied he does not know.
Under the old policy there was substantial money to the
City that the Harbor Comm. used. Mayor Williams
suggested this be turned over to the Harbor Comm. for
review. Councilman Ackerly noted it has to be an
elected official. Councilman measles asked if the
Borough was submitting a replacement. Borough
Assemblyman Hodgins (from the audience) replied he did
not know.
Council agreed this should be a Borough responsibility.
P-6 Son. Ted Stevens - Meeting in Anchorage
Mayor Williams explained the meeting will be to show we
have a ur harbor
but can muse rthe airport for ema gencirt. They cannot chor in oes. The City can
also express a desire for the Air National Guard base.
The City will send a representative.
0. OLD BUSINESS
None /
H. NEW BUSINESS
H-1 Bills to be Paid, Bills to be Ratified
MOTIONI
Councilman Ackerly moved, seconded by Councilwoman
Monfor, to approve the bills as submitted.
Motion passed by unanimous consent.
H-2 Requisitions Exceeding $1,000
MM'ION t
Councilman Measles moved, seconded by Councilman
McCgme0y, to approve the requisitions as submitted.
Notion passed by unanimous consent.
H-3 Disc. - Representative for NLC Small Cities Council
i i 1
Mayor Williams noted it has to be an elected off
Councilman Measles noted City Manager Brighton has
attended meetings, is it worthwhile? City Manager
Brighton explained he is a member of the Small Cities
Council for non -elected officials. He has yet to have
a concentrated session which he thought was
ad�ntageoua to Alaska. it is substantially batter for
cities in the states that are close to big cities.
.t Houging,ransportation are discussed. He tried to get
on the agenda regarding aderai Revenue sharing t -
could not. If Council roeommends an elected official,
heBhouldcome off. Council agreed to have Mr.
7
j - -- - - Brighton remain on the Council for-non.aLeorma.- Y--- ----
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KENAI CITY COUNCIL
OCTOBER 21, 1987
PAGE 11
f
H-4 Ordinance 1239-87 - Amending KMC - Establishing Kenai
Bicentennial Commission
i
MOTIONS
-
Councilman Measles moved, seconded by Councilwoman
Monfor, to introduce the ordinance.
Councilman Measles asked if there is a need for a
sunset clause as the Bicentennial is 1991. Mayor
Williams explained, if we develop a major facility,
they may have to continue. Councilman Measles noted it
i
would need a name change at that time, it would be a
,
new commission. Mayor Williams asked that they wait
till 1992.
Motion passed byunanimousconsent.
H-5 Games of Monte Carlo Application - Eagles
MOTIONS
Councilman Ackerly moved, seconded by Councilwoman
Mentor, to approve the application.
_
Motion passed by unanimous consent.
I. ADMINISTRATION REPORTS
•
1-1 City Manager
f
City Manager Brighton spoke.
a. The Kenai Peninsula Caucus statement of
Legislative Position distributed this date.
Council authorised paying the dues. He thought
they should be informed of their position. It
lists dues that are to be paid and who has paid.
.
one resolution the Caucus endorses is Funny River
Frontage Rd and a bridge at Sterling.
Administration has not sent the dues in yet- He
asked the Finance Dept. to hold till the Borough
decides whether they will pay their dues. If the
r
Borough pays, we should pay. If they do not, he
is not sure it would be appropriate to pay the
G
dues.
b. Regarding item Info 05 (Natural Gas for Fairbanks
Project). If it is of sufficient sire, there may
.
not be -a pipeline.
c. The Kenai Fire Dept. and the Borough Fire Depts.
have acquired the State Fire Fighters and Fire
Chiefs convention Sept. 19 through Sept. 24, 1988.
1
They have put a balanced budget together without a
z
request from the City. We will help if needed.
There will be 200-300 people.
Council members want to seta time to
d. If the new
meet in the City Hall, they will have a brief
orientation with Dept. heads. He will also
schedule a tour of all facilities for Council.
�.
Atty. Rogers noted Code books will be provided for
$.
new Council members.
-
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I-2 Attorney
- Atty. Rogers .spoke. -- - - -
-
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II'
a. He suggested Councilwomen O'Reilly and Swarner
I
4 i
r,avinm Knnwi v9 PUC and item Info 413.
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KENAI CITY COUNCIL
OCTOBER 21, 1987
PA06 12
b. He has made a preliminary pleading regarding
Western Marine litigation. He will not be
informing Council of every plea.
a. The Airport Cafe is closed. The person operating
purportedly assigned the business to Metropolitan
Mortgage. It was not approved by Council. He
maintains it is an annullity (sic). It was sublet
for a few days and is now closed. Their attorney
says Metropolitan Mortgage will not operate. The
city position is that Lynn Janos still owns it and
the promises are abandoned. There will he a
renovation of the premisos. The facility is for
the convenience of the traveling public. There is
a distinct possibility of a sole source contract
till we start renovation. He discussed this with
Sandra Daniels (owner of the bar). She is
receptive. It would be basic services. Council
should review this. They have pizza in the bar
now.- He is -trying to got it open on a short term
basis. He did not think a "quest for Proposal
was a good idea.
i
Council agreed to have him go ahead.
Atty. Rogers noted it could be 2 weeks to a month
to open. Mayor Williams suggested the Senior
Citizens run a coffee and donut bar in the
mornings in the interim. Project Director Porter
noted they would need rides to the airport.
Councilman Measles noted he did not like the idea
of food and drink in the lobby. Mayor Williams
asked Administration to expedite the action.
Atty. Rogers said he would do this as soon as
pose bl . He has changed looks, there may be some
1-3 Mayor
Mayor Williams spoke.
a. He asked Counter cildtogvoluunnteerrfornadthocounoii.
eomm/Comm.forereview olkthe pastiyearcandlfuture
goals. He asked that all comet/comet have their
goals approved by that meeting-
b. Alaska. ng Corporateommiembership Isi$100 pertyear.
Council agreed to the expenditure.
C. He wrote to Gov. Cowper regarding space in City
Hall for an office of the Governor. He suggested
it be rent-free. The City received $360 from Div.
of Motor Vehicles. Councilman Ackerly suggested
offering at the same price and be open for
negotiation. City Manager Brighton noted that
would not influence them. They already have
offices and help available. Mayor Williams said
their intent is to move in with Legislative
information offices in soldotna. He will discuss
it further.
d. He met with the Borough Economic Development
Districts. 7 of the 15 member board are elected
or employed members of cities of the Borough. it
em
is a non-profit organization. The problem is we
have i5 aommlcomm now -and only 7-Council members. -- - �- ----. - ..-.
Someone should be a representative. We should
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KENAI CITY COUNCIL
OCTOBER 21, 1987
PAGE 13
keep our eye on it. Council recommended Finance
Director Brown.
e. Regarding the City Christmas party. Council
agreed to have it Dec. 30 at the Senior Center.
f. Regarding Capital Improvement projects work
sessions. eon. Fischer !eels if we got onto the
Governor's list it has a bettor chance. Thorn is
$400 Million in CIP moneys. Councilwoman Monfor
noted every year we do it right, that is not the
answer. Mayor Williams replied there will be
changes in the format, but not great changes. A
draft was distributed this date. This is an
election year. The lobbyist is pushing to have
this done. Councilwoman Monfor suggested meeting
with the Legislators on Dec. 9 in the Library.
Council discussed meeting dates. NOTE$ these
have amended to the followtag$
Oct. 22 - work session
Oct. 26 - public hearing
Oct. 27 - public hearing and special meeting
g. Regarding R/V ordinance. Council agreed to
discuss at the Oct. 22 work session.
I-4 City Clerk
Clerk Whelan spoke.
A. she reminded Council to contact her regarding
their schedules for AML in Nov.
b. The AK C&RA work shop for elected officials has
been scheduled for Oct. 29 6 30. There has not
been good response and it may be cancelled. NOTE$
this was cancelled.
1-5 Finance Director
None
1-6 Publio Works Director
Publio Works Director Kornelis reviewed the memo
regarding street lights (item Info M161. City Manager
Brighton noted if we continue to put street lights in,
there will be one for each street in town. We cannot
afford that. Councilman Aekerly noted people can put
in their own, he did. Councilwoman o'Roiliy noted in
Woodland, in the old section there are street iighte
through out, there is not in the new section. Mr.
Kornelis explained, they were put in by thu developer.
Mr. Brighton suggested, in addition to asking the bus
drivers, Public Works and the Police Dept. can identify
what they consider necessary for health and/or safety.
Mr. Kornelis noted this was done by the bus drivers but
was not investigated by Public Works. Councilman
Ackerly noted the bus drivers asked for some where
there were lights on opppoosite corners. Mayor Williams
noted we will not be reimburood by the state, we will
pay for them forever. Mr. Kornelis said we do not know
the school bus stops. Councilman Measles said the
school has a list of all stops.
I-7 Airport Manager
None
— - - J. - --PERSONS PRESENT NOT SCHEDVLED-TO -BE- HEARD__ _ _ _-- -. -- ----- - -
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KENAI CITY COUNCIL
OCTOBER 21, 1987
PAGE 14
A. Gather Targonsky, Russian Orthodox Church. The
stop sign in the post office parking lot should be
a yield sign. Many go out at the "enter" side.
Mayor Williams replied that is private property,
we cannot do anything. Fr. Targonsky noted it
enters onto a City street. Police Chief Ross
explained, the post office cannot change it. Even
if it was postod, it is a presumptive stop-
b. Councilwoman O'Reilly thanked council for the warm
c. SaNT26an McComsey. The Kenai Borough Caucus.
The resolution in the packet was informational
only. If Council wants to support this, he will
report the meetings.
d. Councilwoman Swarner thanked Council for the warm
welcome.
e. Councilwoman Swarner. She asked Public Works
Director Kornelis if there could be 2 poles on
Spur Highway for a welcome sign during
conventions. What will it cost? Mr. Kornelis
replied he would have to check with the State. We
would have to have a permit.
f. City Manager Brighton noted the Union Pacific
Resources Co. will drill an exploratory well off
Kalgan Island. The staging area will be Kenai
air art. There will be 34 employees. If it is
fruitful there will be 3 more wells.
g. Ruby Coyle, Barabara Dr., Kenai. Has there been
any report on the new dock facility? City Manager
Brighton replied there was on at the Oct. 7
meeting, it made money.
h. Councilman Ackerly, regarding Community Schools.
We have reached an agreement with the School Dist.
but we are providing more. Mayor Williams asked
if we had to take action. Atty. Rogers suggested
Council take a careful look. The hourly figure is
not that. They will curve back. There is no limit
on the contract. 9::ere is no liability on the
facility. It will be more than the gym. The City
is agreeing it will pay for damages and costa,
whatever they will be. He did net recommend it.
Rea. Director McGillivray said hu questioned the
way it was written. It is protection for them,
not us. It was not drafted by the City. The
number of hours was over what we used last year.
He gave them a lower figure. The hours stated for
their use were lower than actual. City Manager
Brighton said we would not sign till he has
authority from Council. He suggested the attorney
send a counter -proposal. Mr. McGillivray said
they will use the gym Oct. 31. Councilman Measles
noted this is before the agreement is signed.
J. Atty. Rogers said Legal Asst. Sutcliffe will be
here while he takes personal leave. Mayor
Williams cautioned the now Council members
regarding discussion of the golf course litigation
or any litigation.
ADJOURNMENTI
Meeting adjourned at 10:22 PM.
wA�&—
Whelan
Clerk
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AGENDA
KENAI CITY COUNCIL - SPECIAL MEETING
OCTOBER 27, 1987 - 7:00 PM
A. ROLL CALL
B. PUBLIC HEARINGS
1. Capital Improvement Priority List - Public Comment
2. Resolution 87-64 - Accepting 1988-89 Capital
improvement Priority List
C. ADJOURNMENT
.2( •iN::ciT: _' .. �lrtvrEi..li_;<S:� fcv iy--------`-- -- � ----'- � — -�—_ -- --- ,� `. �—
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KENAI CITY COUNCIL - SPECIAL MEETING - MINUTES
OCTOBER 27. 1967 - 7s00 PM
KENAI CITY HALL
MAYOR JOHN J. WILLIAMS PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Presents Tom Ackorly, Art MaComsey, Ray Measles, Chris
Mentor, Mari O'Reilly, Linda Swarner, John
Williams
Absents None
B. PUBLIC HEARINGS
B-1 Capital Improvement Priority List - Public Comment
Mayor Williams explained they are trying a different
way this year, they are putting the first 6 items on
the Governor's budget and the remainder on the
Legislative budget. If this does not work, it will all
be on the Legislative budget. we have a good
Legislative delegation and have a lobbyist for the
first time.
PUBLIC COMMENT:
a. Marie English, VIP S/D, Kenai. She noted YIP S/D
is 01. She would like to see this done. The
residents passed out a petition (for this) 3 years
ago.
b. Kathlyne McLeod, Property owner, VIP S/D, Kenai.
She supports strip paving of VIP S/D.
C. Birlene Driskill, VIP S/D, Kenai. She supports
strip paving of VIP S/D.
d. Economic Development Commission Chairman O'Reilly.
He asked that a data bank for the Commission be
added to the Capital Improvement Priority List.
it was the first Goal i Objective listed at the
last meeting. The Economic Development Committee
had pointed out the 2 major weaknesses in the City
in the last 2 yeares 1) Retail sales - 1/3 of
City revenue is sales tax. 2) Severe weakness in
residential values. The Commission has not
discussed this, but he has talked to most
Commission members. They are in agreement with
the need. .1),It would have a tendency to
stabilize retail Sales. 2) it would eliminate the
°black hole" -real estate prices have gone to. 3)
It would give a comprehensive view of the City and
the City economy. 4) It would be a professional,
sophisticated approach when we talk to the State.
There is sufficient computer capability in the
City now. He spoke to the U of A to see if they
had computer capability. They want to hear
further from us. we are examining that
possibility and also using in-house staff. The
amount requested is $37,500. That would includes
supplies, program, material collection, 8 hours
per week at $50 per week (this may be high), print
outs, brochures, administration. He asked that it
be considered as a separate item to be submitted
to the Legislature. Councilwoman Swarner noted
P6isbanker had a 1400,000 graM--fran-the State- or- -- - this type of project, was it City or Borough?
---- ---- -- -- ---
Mayor Williams replied he will find out. Chairman
- O'Reilly explained, they-seaeived-a f304,00 -to- - --- -
t,--;.r,. -.A
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KENAI CITY COUNCIL, SPECIAL MEETING
OCTOBER 27, 1987 f`�a
PAGE 2
$400,000 grant to assist in development of a data base.
Councilman McComsey asked if there is a program written for
this. Chairman O'Reilly replied he has been informed
programs for other cities have boon written. We would have
to buy that. The cost is approximately $2,500 to $3,000.
Wo may need one or several. He added $1,000 for search and
selection to find the right one. Councilwoman O'Reilly
asked if there would be a monthly up -date on this? Chairman
O'Reilly replied, the information comes down slowly to us.
The Borough tends to "sit" on data from all cities before it
is distributed. The Commission plan would be to work with
all cities to have current information. Part of the process
would be to have contracts to get information as soon as
possible. Councilman Ackerly expressed skepticism from the {
businessmen's viewpoint. There are many who would not want
their information known. He added, NLC and AML ought to
have access to where those programs are. Chairman O'Reilly
explained, they cannot guarantee this. But there were many
merchants last Fall who were so concerned they did not get
much inventory for the holidays. Property sales are
operating in a "Black Monday" type of environment. 25% of
the houses for sale, N. Kenai to Ninilchik is a big figure. 1
Mayor Williams suggested it be placed under the General
Projects section. Ho suggested the General Projects section
be re -arranged in order of priority. Councilwoman Monfor
asked if we had any Federal Revenue Sharing funds available.
City Manager Brighton replied, approximately $100,000
between now and Sept. 1988. Councilwoman Monfor suggested
this is a one-time purchase and could be placed on the
Federal Revenue Sharing list. The Commission could plan on
having this next year one way or the other.
i
Councilwoman Swarner asked about the street
lights. She suggested adding 50 street lights and i
not be specific. Councilwoman Monfor asked if
there would be a narrative with the General
Projects list. Answer - yes.
Councilwoman Monfor noted the cultural and
heritage museum on the Bicentennial project. She
suggested we ask that the museum include meeting
rooms in a community center. We have no place to
hold anything for over 200 people. A grant from i
the State for this would not cost the tax payers
anything. There are foundations and National
grants we could ask for. Mayor Williams explained
he had suggested making this over a basement, and
making it large enough for tourists, movies,
displays. He is not sure how this would be
received. Councilwoman O'Reilly said we need a
break down of the $1 Million figure before we make
a judgement. Mayor Williams said it would be
available at the Nov. 4 meeting. He is going to
ask the Commission to have their Goals i i
Objectives within 90 days. Feb. or March is too
late for the Legislature to review. we could do
it in phases and go back to the Legislature each
year. The drawback is it may look as a grand
scheme such as Anchorage has. 4,000 sq. ft. over j
the basement for $400,000 was discussed. We also
have to be concerned with the location. City
Manager Brighton added, we need to look reasonable
to the people who represent us. This is a $9.9 I
Million list. We have $4 Million proposed for
congregate housing. Kenai is asking for $15
Million and the whole State had $20 Million last
_year: -The City --has -received less -than f1i2
Million on 2 occasions. A $15 Million figure may•
jeopardise all projects.
I
A.
KENAI CITi COUNCIL, SPECIAL MEETING
OCTOBER 27, 1987
PAGE 3
e. Sally Bailie, Toyon Way, Kenai. There are a
number of things that are in our favor. 1) We
have a good lobbyist. 2) We remember what Homer
receiveds they started with $53 Million, ended up i
at $23 Million. We should start high and come
down. We have always had data regarding our
projects, we contributed land - we are the only
ones in the State that do. Regarding a convention
center/museum. for a long time we could not bring
this up after the last vote. She thought the
reason was we were asking for bonding. We had
just bonded for schools and were taken to the
cleaners. She has talked to people that felt it
was okay if we got a grant but they would not paY
taxes for it. 1991 is the Bicentennial year. In
the bicentennial year in Sitka they got a grant
for a building. It would help the economy year
round. There is weakness in retail sales. After
the sorority convention here, she chocked with
business men to see if there was a sales boost.
it was good. We seem to push for tourism 3 months
per year. one camper group had a reward for the
Corson who spent nvention people t spend leasthe money. Hotels and.
restaurants have a tough time in winter. We don't
need a big one, but one for more than 250 people.
She asked Council to consider a convention center.
maximum
hed+$22Millionntoot241/21Million�pietely
unfurnished. Don't just build frr now. VRRegaardding
the road program. She supported
She asked that the City not abandon the assessment
progralargerarea. We
allows achunk
have oneoassto be sessmentspread
over
district in effect. Mayor Williams noted this
assessment district is for 25% (Eagle Rock).
f. Diana Wyatt, VIP S/D, Kenai (?) They have been
asking for a paved road. City Manager Brighton
rrighton
asked,
2507 what are
Me.her
Wyatt replied, she would have to
consider that.
Councilwoman Monfor noted an assessment is over a
10 year period at low interest. Mayor Williams
will have eppublic hearingscern inexttspring regarding e
assessment districts. We have to get the
Governor's portion off in the next 48 hours.
Councilmen Measles said he would not want the
people to t)1tnk they were going to get money and
find out they will have to PAY assessments. Mayor
Williams noted we will have sufficient public
hearings before we make a decision. Councilwoman
O'Reilly asked, when did the Eagle Rock assessment
take place? city Manager Brighton replied, summer
1985. We have done no paving since then. Council
set aside $500,000 and advertised that this money
was available for paving, if people were willing
to create assessment districts they could have it
done. This is the only one. Engineer LaShot
added, most of those were assessments between
$1,000 and •3,000 per lot, were for paving only.
Mayor Williams said we need to explore the paving
of one amount ofavacant ce vs aproperty tin anhe sarea e of thitlin not ha
cut -and -dry- -issue __
g. Lady from audiences What -is strip-pavingT-
Engineer LaShot replied, paving without curb and
nutter. Ladvi Are we voting to see if we can do
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KENAI CITY COUNCIL, SPECIAL MEETING
OCTOBER
27, 1987
PAGE 4
this without assesemonte? Mayor Williams
explained, we are trying to see if we can get
funds. Ladys The read tin VIP) is deplorable.
She would be happy to pay for an up -grade of the
road. She did not think the public is aware of
assossmente. Council is trying to push this on
them, she did not think the public should pay for
this. Gravel is not the answer.
h.
Carol Tumsuden, Old Town, Kenai 0) She has lived
in old Town since 1970. She is happy she is on
the list.
L.
Lady from audiences How are the boundaries
determined if an assessment is approved? Legal
host. Sutcliffe replied, there are many ways. One
way is front foot method, those facing the
improvements. Another is the evaluating method,
how much can each benefit. Mayor Williams added,
it must be 50% of the owners approving. City
Manager Brighton explained, the total cost of the
project is determined, a percentage is set, the
amount is distributed among the property owners.
The City has only assessed those directly
benofitted. Councilwoman Monfor noted if we got
the money from Juneau, it will be the end of the
Session. we cannot start till the following
Spring. Mr. Brighton added, the payments would
start about a year after completion of the
project.
j.
Clarence Ladd, Kenai. The public is being mis-led
regarding Cook Ave. He has lived there 25 years. i
Council is considering black top. Part of Cook
Ave. has water & sewer. Mayor Williams explained
the CIP list says including some water & sewer.
MOTIONS
Councilman McComsey moved, seconded by Councilman
Measles, to add a data bank to the list at $50,000.
Motion passed by unanimous consent.
Councilwoman Swarner asked about the street lights.
Councilman Measles suggested they be put in health and
safety as 01. DOT will handle stop lights. Mayor
Williams noted the ongoing cost of street lights is
$800 per light per year. This is an additional $80,000
cost to the City. Engineer LaShot explained, Homer
Electric has discussed a flat rate for all street
lights, but we have not heard anything. Councilman
Ackerly noted this is 1/2 mill.. Councilwoman O'Reilly
said S0 lights would be $40,000. Health & Safety is a
factor in some areas. Engineer LaShot said the
estimate for 7 lights, 3 with poles, is $20,000. Mayor
Williams explained, this was to be discussed after
Administration studied this. Are we paying $56 per
month to light every light in Inlet Woods? Engineer
LaShot replied that is ratty close. $114,000 is this
year's budget for 350 1 gets. City Manager Brighton
explained the City did not pay to install the lights in
Inlet Woods. Councilman Measles asked, what is the
status of the lights budget from last year. Councilman
Ackerly replied if it is revenue sharing it is still
there.
�N s
Councilwoman Swarner moved, seconded by Councilwoman
Mentor, to include $100,000 for street lights as Al '
priority in CIP-under Health & safoty; City projects.
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KENAI CITY COUNCIL, SPECIAL MEETING
OCTOBER 27, 1987
PAGE 5
VOTE (Paseed)t
Yest Measles, Monfor, O'Reilly, Swarner
Not Ackorly, McComsey, Williams
MOTIONt
Councilman Measles moved, seconded by Councilwoman
Monfor, that Revenue Sharing ear -marked for street
lights be put on hold till the and of the Legislative
session.
Motion passed by unanimous consent.
MOTION:
Councilwoman O'Reilly moved, seconded by Councilwoman
Nonfor, to change General Projects, Bicentennial -
project, from 11 Million to $4 Million for a community
center.
Mayor Williams noted the original community center was
$3-1/2 Million. Councilwoman O'Reilly explained, the
strip -downed version was $2-1/2 Million. $4 Million
would include all Bicentennial projects. we are not
talking about a bond issue for res dents.
Councilwoman Monfor said we have a unique situation of
being 200 years old. One of the historic towns in
Alaska, one of the most historic tarns in the U.S. We
are doing something different in asking roads be put in
the Governor's budget. This is in the other budget.
Councilwoman Swarner noted she was in Fairbanks when
the City turned their facility over to the Borough
because they could not afford it. We should consider
what it will take to maintain. Councilwoman Monfor
said if it includes a cultural museum that will raise
revenue with Foundation grants and sales of misc.
items. We can make this pay for itself many times
over. Councilman McComsey asked, what was the
maintenance cost in the original center? Sally Bailie.
It would be very similar to the Rea Center. 2-1/2 full
time employees. it would be a maintenance -free
building, like HEA. The Daubenspek property will be
receiving royalties soon. it has to be used for
recreation. This could be put under recreation. A bed
tax was suggested. Mayor Williams said he has been
-viewing the Bicentennial in Old Town, now it is being
discussed for the community. Where does this place the
Bicentennial? Councilwoman O'Reilly asked, what does
the fl Millon for. the Bicentennial include? Mayor
Williams replied he was going to put that in the
narrative. He viewed the project as encompassing a
facility with a visitors' center and enlargement of the
present museum. An area of about 100 people for
gathering of movies, etc. Satellite buildings for
artifacts, such as a machine shop, cannery items,
Native culture items, all funded by grants from groups
associated with these things. Also development of the
Old Town viewing area. We should grow into the concept
of a community center, we should have it by 1991.
Councilwoman O'Reilly said the focus of the project is
still for tourists, but we need to spend time on the
residents to use all year. Mayor Williams asked if she
was considering 2 independent facilities - one in Old
Town and one for a community center. Councilwoman
O'Re;1ly replied; that could be.-- Councilwoman Monfor
said she envisioned one building. If it is on the
Daubonspok-land that site _is significant in Native
history. -
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XENAI CITY COUNCIL, SPECIAL MEETING
f OCTOBER 27, 1987
PAGE 6
VOTE (Passed)s
Yost Measles, Monfor, O'Reilly, Swarner, Williams
No: Ackerly, McComsoy,
Mayor Williams noted an Eagle River group is
encouraging legalised gambling in Alaska. It would be
about $3 Million in additional revenue. There may be
an initiative regarding this. Tourism will triple and
quadruple.
Mayor Williams said, regarding the fire station in
Beaver Loop. It has been on the list for some time.
Council thought if they could got a truck, they could
itgot the off,
thought by taking
t oft, wewere do -emphasizing it.
- Councilwoman Monfor asked if we were going to have a
brochure. Mayor Williams replied he had thought 8-1/2
X 11 sheets with a narrative. Councilwoman Monfor said
a dollar amount on Health & Safety items is not
necessary, they all are needed. Councilman Ackerly
asked if the brochure could be sent to the public.
Council agreed to put in the costs:
$250,000 - each stop light
$240,000 - fire truck
$050,000 - Wildwood paving & waterline
This is 4 mills. Mayor Williams asked, how does the
$19 Million figure with other years? Councilman
Acker ly stated it is a record. Councilwoman Mentor
said this year we are asking for i3-1/2 Million from
the Governor, it will be $12 Million without that.
City Manager Brighton noted you are not kidding these
people. Councilwoman Mentor said she did not think $15
Million was anything compared to other Peninsula
communities. Council agreed to submit the list to the
Governor and Legislators before the Nov. 2 meeting with
the lobbyist. Councilwoman Measles asked it the fire
station was going to be added. Mayor Williams noted
Chief Ivanoft thought he could work out a way to do
without additional maintenance costs. City Manager
t Brighton noted it costs 4 men to cover a one-man job.
Council agreed to leave off the fire station.
` MOTION:
Councilwoman O'Reilly moved, seconded by Councilwoman
Monfor, to accept the list as indicated this evening.
MOT70N, Amendments
` Councilwoman Monfor moved, seconded by Councilwoman
Swarner, to list item-3, General Projects, Recreation
Facilities: Little League $175,000
R/V Park 200,000
Softball Fields (Parking, etc. 135,000
VOTE, Amendments
Motion passed by unanimous consent.
VOTE, Main Motion as Amendeds
Motion passed unanimously by roil call vote.
Reg.-87=64___ Acbopting lies-89-Capital improvement -
Priority List ~
Ns
L
'. "., A
� J
4
KENAI CITY COUNCIL, SPECIAL MEETING
�-
OCTOBER 27, 1967
PAGE. 7
Councilwoman Monfor moved, seconded by Councilman
McComsey, to adopt the resolution.
MOTION, Amendments
Councilman Measles moved, seconded by Councilwoman
Monfor, to amend the resolution by adding after the
i
first WHEREAS, "WHEREAS, it is the intent of the
Council that paving projects in residential areas will
be partially funded by forming assessment districts in
order to make any available State funding go further
toward completion of the priority list, and"
mayor Williams asked Council not to include this and
Councilman Measles f
wait till we have public hearings.
-
noted there is no formula in this amendment. The
percentage can be set at formal meetings. He would
like to see this in the resolution so that at some
point it comes back to discussion before engineering. 4
Mayor Williams suggested it be further amended to
include assurance of public hearings without request `f
assessments. Councilman Measles replied
for To
public hearings are required before paving. He added,
paving is a luxury, not a necessity. It should be paid
for by the residents. Legal Asst. Sutcliffe noted
putting it in the resolution does not make it binding.
i
Councilman Measles explained, it puts it in the
-
resolution so it cannot be said there is nothing in
writing (regarding assessment policy!. Legal Aest.
Sutcliffe asked that it be added to the NOW THEREFORE
.:
section also.
VOTE, Amendments
Motion passed unanimously by roll call vote.
±:
VOTE, Main Motion as Amended:
;f
Notion passed by unanimous consent.
B-3 tcity
Road improvements iniHis Budgeteforrth oflKenai.
NOTIONS
Councilman Measles moved, seconded by Councilwoman
O'Reilly, to adopt the resolution.
j`
T
NOTION, Amendments
--.'
`
Councilman Measles moved, seconded by Councilman
Macomsey, to amend the amount to $3.335 Million in both
the heading and NOW THEREFORE section.
VOTE, Amendments
Motion passed by unanimous consent.
NOTION, Amendments
g
Councilman Measles moved, seconded by Councilman
Mccomsey, to amend the resolution to add the WHEREAS
clause and the NOW THEREFORE section as amended on Res.
97-6d.
--=------------------ ��- - - - - -
- .. VOTE..-Mendments - --- - ---
Motion passed by unanimous consent.
—1
J
1
L
j KENAI CITY COUNCIL, SPECIAL MEETING
OCTOBER 27, 1987
PAGE 8
VOTE, Main Motion as Amondeds
F
" Motion passed by unanimous consent.
ADDED ITEMSt
a. Council agreed to have the tour of facilities on
Nov. 7 at 800 AN.
b. Mayor Williams said he and Councilman MaComsey
visited the cemetery this data. It is in pretty
good shape. Do the stakes indicate locations
available? Clerk Whelan replied yes. Engineer
LaShot added, there are 3 new areas added. Mayor
Williams asked if sufficient plots are available
_ and can the locations be found without difficulty.
j Engineer LaShot replied yes. Mayor Williams said
in most instances the equipment is owned by the
_( funeral homes rather than the cities. Councilman
Measles said, prior to last night he had heard
comments that it looked good. He asked if that
f was the general consensus of the Committee. Clark
Whelan replied, there were other concerns of the
Committee, this was the greatest concern. Mayor
Williams asked that copies of the minutes of the
last Cemetery Committee meeting be in the Nov. 4
packet.
o. Councilwoman Swarner asked if all the PiZ members
were contacted regarding the CIP work session.
Clerk Whelan replied, all but one.
ADJOURNMENTc
Meeting adjourned at 9:50 PM.
Janet Whelan
City Clerk
t
t
J
23 Z4e
October 26, 1987 M
Mayor, City of Kenai 210 Vidalgo 68L9
Renal, AK 99611 ` '�
Dear Mayor.
In a few days you will receive a promotional packet for The
Hargraves Agency in Ketchikan. The Hargraves Agency is a
comprehensive communication/management firm. it Is our desire
to provide communication and management services to cities and
focal political subdivisions across the state of Alaska.
There are many things included In acceptable and successful
communications. Everything from job descriptions to management
organization charts are Important to successful communication.
The way an organization gets its official message out to Its
constituents requires some rather sophisticated communication
techniques. We can develop a promotional brochure and marketing
plan for your community. Remember, state funding may be avail-
able to help fund this type of effort. We can help you make an
application for these funds.
The Hargraves Agency welcomes your ideas and expression of need
for better communications within your organization Everything
from a change in image to a campaign to lobby the state legisla-
ture for funds to do capital improvements In you community will
be within our capability.
When you receive your promotional packet I hope you will take
some time to become thoroughly acquainted with this new service
oriented firm In Alaska.
As a special.note, are you thinking about a lobbying effort In
Jineau during the next session of the legislature? If you would
like to develop a lobbying plan give us a call today.
n ely,
r r r
r
R
3343 DENALI
KETCHIKAN, ALASKA 99901
-Pt"
TELEPHONE (907) 225 3095
P- !
Kenai Chamlw.r of Connneree
llox 497
Kenai. Alaska 99611
(907) 283-7989
November 10, 1987
Honorable John J. Williams, Mayor
}
CITY OF KENAI
210 Fidalgo Street
-- -- - - -
Kenai, Alaska 99611
Dear Mayor Johns
As you are aware, we have received notification from the State of Alaska,
Division of Tourism, that our grant application was favorably received and
-----. -.- ..
the State will participate in the amount of $4,000 in our Visitors Video Guide
to the Greater Kenai area.
I have been in discussions with John Andrews of Eagle Eye Visions relative -
to format, programming, etc. and have set a date to meet and view all slides
E1
on Kenai and select those which should be included in the video.
4f
We have set Monday. November 23rd, 3:30 p.m. at the Kenai Jr. High School in
John's room as the date for viewing and would like input from the City of Kenai.
- --
Would it be possible for the Council to appoint a representative to meet with
�.
us on November 23rd and participate in the selection of the slides and format
i�
for the upcoming video.
Thank you and we look forward to a successful project with the City of Kenail
.
Sincerely,
f
S e Carter
�.
Executive Director
1314Ig�s
an u
�'
,..... i�
E
w pig
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7
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Kenai Chumim•r of Conuuerrc
Box 497
Kenai, Alaska 99611
(907) 2N3-7989
October 26, 1987
F-2
Office of the Governor -%ZQJNUP�
3601 "C" Street. Suite 758
Anchorage, Alaska 99503
Attentiont Charity Kadow
Dear MB. Kadow2
f It has been brought to the attention of the Kenai Chamber of Commerce that 1
Governor Cowper is considering the opening of an office on the Kenai Peninsula
which would assist in addressing and responding to citizens concerns on a more
r timely basis.
s On behalf of the Kenai Chamber, we wish to endorse this effort and, further,
urge your consideration of the placement of the office in the City of Kenai.
As Kenai is strategically located within the population base of the Peninsula. '
your office would be easily accessible to all residents.
if we can be of any assistance in your selection process, please do not
hesitate to contact this office. 4I
!: Sincerely. j
Sue C. Carter
Executive Director
.4, CC: Mayor John J. Williams
City of Kenai
St;..
{
-- ._.
- ALASKA STATEWIDE PRIVATE INDUSTRY COUNCIL
- -
JVA, P.O. /OX EC, JUNEAU, AK 99811, PHONE: WM 4654690 S
November 5, 1987
.Dear Employer/Trainers
The. Department ,•• ofCommunity and Regional Affairs, Rural
" Development- Divisionl.;has,�-funding available immediately through
its regional offices to train,. unemployed workers over the age
of 'fifty-five to return ;to productive:, employment. Some areas
of''specifically"targeted interest;;for?older workers are early
.;;'childhood education ,;==drug..and :alcohol counseling, school
mentoring and' dropout, prevention,' library and museum aides,
'.-entrepreneurial '. skills, medical personal care, word/data
Processing servicesf�and 'food' services. - , -Older workers to be
trained in these and...other occupational- areas must reside in.
-.Alaska outside of the Municipality of Anchorage, the Matanuska
Borough and the,Fairbanks North Star Borough.
,.This letter comes to you from the Private Industry Council, a '
group'of business 'and community' leaders from throughout the
state. As, -representatives' of, the.,,private sector, we highly,
endorse 'programs above. °• ,. We encourage : you ' to get the
,the
skilled people 'you '-need at a .reduced cost to►ou in training,
time and money:' certainly 'a, bargain, in :these days of budget
"and.,, We, believe in the
.'cutbacks less. than booming ,.economy.
I.4r program because we. know -it, works..`- We' know it works because we
and other.'business - people in our communities have successfully
hired and .trained employees usi•ng,.the,se'funds.
oi
The following pages will 'provide" more, information about the I
training program and the application process. The - funding'will i
-
<:;i be- available for a relatively tehor•t-time. ..-We're sure you will
'now:
,.wish to . take advantage ' of- this..opportunity
.- Sincerely yours, '
J. Pennelope Goforth
•, ,,Chairperson
/�Statewide o,,Z�3f4i5V>>
d.A,: :Private industry council
"N Cc%AM't
le
'lei�6dBtlZ9Zy
:A DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS
L
J Try -•'Al
_ b
University of Alaska
Facilities Planning & Construction
3356 College Road
Fairbanks, Alaska 99709.5280
November 6, 1987
P.3
Ms. Margaret Hayes
-- - State of Alaska Department of Natural Resources
Division of Land and Water Management ------- - --
Southcentral Region
P. 0. Box 107005
_. Anchorage, Alaska 99510 ----- = -
Re: Kenai Lease Application. -
` Dear Ms. Hayes:
Enclosed for your review is a lease application pursuant to AS
36.05.810 which will provide 40 acres of land near Kenai. Alaska,
y ( for the university's Mining and Petroleum Training Service
41
.. „ (MAPTS) fire training program. -
r` With an operational history of 15 years on -the -Kenai Peninsula-
.. I College campus at Soldotna, the fire'training program has grown in
size to rank fourth in the nation. Due to this rapid expansion and
the excessive amount of smoke generated in proximity to the general
populace, it is no longer practicable to conduct the school on the
KPC Campus. A more suitable site must be secured to ensure a
` thriving future for the fire training program.
1. The fire training program is essential to employment opportunities
;.. and industrial safety in -the State•o€-Alaska.— In -the -current•year==alone.the school has -benefited more than 800 firefighters from 8 oil
companies and nugoverment merous goverent agencies. As attested by the
Mayor of Kenai (letter enclosed), this program is also strongly
supported by a local community that recognizes the -value of the
1 critical training provided.
7
F
Please review the enclosed application for lease and contact me or
Kristi Ahlrichs of this office if you need any additional
Information to process this application. Your continued support of
university programs is greatly appreciated.
Thank you In advance for your assistance regarding this lease
application.
Sincerely,
ababnDickinson, Manager-*=: ...
Educational Properties''
Encls: Lease Application
Letter from Mayor
cc: Dennis Steffy
Mayor John Williams
• 01621
4
-7
vn.
i
CITY OF KENAI - =�
September 10, 1987
.. _ Dennis Steffy
Mining and PetroleumTraining- Service_-
155 Smith Way, Suite 104- . ...:_ _ ...... , _ _ .. ._ : • _7
Soldotna, AK 99669
-
In response to your request for ideas concerning ground use. -
for the fire training school. _ --
I have identified two parcels that lie just north of the
Kenai city limits and east of Wildwood Station in Section -
15, T6N, R11W, SM. Section 15 contains two parcels each
owned by the State of Alaska -that- comprise. the -gull- 640- ,::
acres and are described as Kenai Borough parcel' =------• ��°y=
#017-220-0120 and 4017-220-0220:= ` The section ° is bisected::by-.z:= =---t_'.
Marathon Rd. and the most •useful -high ground -appears to lie _
just outside of the gate to the Kenai -national Wildlife
_.
Refuge. _..
If you are able to acquire this ground from the State for �
use by. the University, it would eliminate -the need
• - .
dealing with 'the. bureaucracy of the cities, the Kenai
Borough, the Wildwood group and the- Federal- government. •-- I =� = -• =
__
have discussed, the matter with •the oovernor. He fully-__
supports your efforts in the fj- •;training school and was
-
-._ -
impressed with the fact-•tnat• the- fire school had--grown--•v-~
Quite imp z
I
_�.�.
so much in economic importance in the Kenai -areas
so
I
Ft � • _
=�• - -
this information will -.be of.value.;toyouu:_You_have the..---.••---- -
f
Dennis Steffy
- 2 -
r
{
Sept. 10, 1987
City's support in this venture. Any further help that we can give, please do not hesitate to call.
Sincerely,
.. .
John J. Williams •-- � - - -
Mayor
JJW: jw .. a
cc: Governor Steve Cowper
Senator Jay Kerttula -
: Senator Paul Fischer--'
Senator Mike SzymanskiNavarre----*-.
Representative Mike Navarre---- ---� -- -'� - -
Representative C.E�Swackhammer"
Nikiski Fire Chief Al Willis -
-. Kenai City Council771
STAZZ OF
LOSS ❑purchase DIPAMM Of NOMUL Nmmtczb
• DrMION OIF LM AND WAM NWAGE=ff --- ADL*
poach to ra Maeci
Anchorsqpq AUsAA 99510 In by State)
rMI r-I
4420 Atqo= WW
FaUtookso AUda 99701
SOL
Audi I-=
Andongs, AUffika 99510
SmIthlestem MaCCICC
230 So MOWN RUM 407
JOSMA, Alaska 99601
(W) 479-2243
. . (907) 276-203
(0) 465-34W
MMMM PO MU OR LIM'07 ALML U=-..
Date of application
University of Alaska
:jams of s#,,&jc=t Facil ities-Planninq.-and Construction-z-:
(Plaase print)
Mailing address 3356 Colleqe-Rood, Fairbanks'i.'Alaska .-'99709
Is applicant 19 years_or older? N/A
f:rve years or more
if lease, five years or long
Description of land: Towns 11 West Seward
6 North Range Marldian-__
26 SWI/4 SW1/4
See topographical map see Exhibit CO
'-
Sumber'of acres 40 Borough -
Kenai Peninsula ---
(1) . -state the proposed use of the.-Aand -herein described$ Fire Training Program—.
#w
See -Exhibit A and Exhibit B.
--.Vmt improvements.* if any, are now on the bind? None
17
7.
-==r& Zz
N/A
3) Who the Improvements?
4) _.ww zany acres have ycfg previously purehe lie rom c a State o Alaska?
41
-501hature or 309"CanzIII
t
EXHIBIT A
Planned Improvements to AS 38.05.810 Lease
Application by the University of Alaska from the State of Alaska
The 40 acres of leased land will meet the current and projected
needs of the fire training program over the next 25 years. The site
is accessible and easy to reach by the users and is isolated. There
are no inhabitants within 5 miles. The airport is approximately 4
miles south and will not be hampered by the fire training smoke.
Planned improvements to the site include:- -- -> ••- - �•-
1. Develop _a well approximately 100 feet in depth for domestic _
water needs.
2. Install underground water tank for pressurized water -
' ...... - storage.
_.._.._. 3. Install Environmental- Protection -Agency: (EPA)- approved----- --
underground fuel tank.
= 4.
Install above -ground piping for -the training -program.-
y
-
5.
Install EPA -approved membrane 36" below the ground surface
throughout the actual training site -to -protect underground-
water in the event of a major accident.
_ • 6,
Provide EPA -approved: disposal= site -.for- waste- -msterial•=
:•
7.
Construct on -site portable building for --student trainee-- - - - - I
meetings and rest area.
-•
---
S.
Construct secure equipment storage building.
9.
Install fence around active fire burning area for safety
i-
-•-.�-- ---.__._._.._..._...
purposes.. _......_ _-' �_...M_.._ ._._._ ... ......... ... ...._._ _. ... . __ . ..... .
Approximate cost of -the above -referenced' improvements. -iw$450-,-000.
II
YI�.YW ww N.w.w�.Y�..�.w
•.�'-. '..
w.r. . .. .. .. .. • __._ -�. - .__.•� � • .1.... ......_ ..- '_....._....- -. .. • .. ..
aiw
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-
EXHIBIT B j
Stipulations for University of Alaska f
AS 38.05.810 Lease Application
1. The term of this Lease Agreement shall commence on January 1,
1988, and terminate on December 31, 2012. j
2. Non-use or abandonment -by--the -Lesse. -for-a-period-- of" One' Yest" wilt"
result in cancellation of this Uses Agreement. -- Lease• may -also be -----
_: -- canceled with 60 days' advance written notification -to the----..= - ---
Commissioner by the University of Alaska. Director of -Facilities
Planning and Construction.
3. The use or other appropriation of the subsurface estate or any
'f portion thereof within the leased area is prohibited.
4. The leased area shall be used for fire training purposes and other
compatible educational uses.
5. The University's authority to•receive=and hold real property ie =_ - -�--:--
expressed in Alaska Statutes Section 14.40.040.' !
�� +'j w•-ay:.�,ifi...• ... . .. .. � .. ... .. «s � .. .•ter . - ..
`} .. .. ..
7
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I=AMMAT" - -
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KENAI (C-4). ALASKA
-OLOMeft SURM Ow
ADO 80225, OR WASHINGMM• O.C. 20242
Now mines In
Exhibit C
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aN11111/it: e.orp0 Kdl��
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EppA1W elnetor: Wtllum G IACConM�� �
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OIM►CemmllNo AfNnO�n:
M.OeFlnoto
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igwenpp
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ftww4
September 9, 1987
owmaaw
- — - -
Dear friend:
A group of business people who are concerned about our economy have
to legalise and regulate gambling within Alaska.
petitions circulating
The gambling initiative, it passed by the States voters, calls for local
approval by a vote of the people to alloy poker, blackjack, and slot
machines in establishments which have alchololle beverage dispensing
t
licenses. This process guarantees regulations, zoning, and age
Ia other penalties for age violations will
restrictions. addition,
apply. The initiative also allows for the operation of casinos by
approved private businesses and by state or- local governments.
allowed.
{ Paremutual wagering on horses and other contests are also
It to believed, most sincerely, from an initial analysis of by
group of Alaskan businessmen that such a business will attract close to
"year basis. Gambling
k
a million new visitors to Alaska on a -around"
will create thousands of jobs, bring approximately $200 million in
a
direct revenues to the state and local governments yearly, and inject
{
hundred of millions of dollars in cash into our economy.
There is ,reel evidence to support this belief. The State of
of approximately 800,000'Peop1e;• has 1090000 people
Nevada, a state
1:. directly employed by the gambling intYustry. $3�3 billion in cash
j
annually is injected into Nevada's economy'. in 1986, Nevada's gaming
a $13 million
+,
commission returned over $220 million to the state on
budget from direct gaming taxes. Millions of visitors have pumped
1
billions into Nevada's economy. Even a small version means big benefits
for Alaska.
Governor Thomas Kean, the Governor of New Jersey, when asked by USA
TODAY, "Has casino gambling been good for the state?", replied, "No
------,--------.:.--------____._--
ohs. __ As came to Atlantic City' they go
question,- its . oreated j People _
Btaee. Thirty million -people a -year 'Visit
-- -- --. -- - - -
,... .
sae other parts of the
-
_Atlantic City.,,
_ LAAD.
efoTN@ OW CORPORATION
_
P.O. BOX 775360, EAGLE RIVER, ALASKA 99577
(007)69N535
�1 — _
r
Yet, critics compare Alaska's situation to Atlantic City. We are
thousands of miles from any major metropolitan area, not a couple of
hours away. Visitors to Alaska travel great distances at great expense.
When day is done there is very little for them to do except eat and
sleep.
Legalized gambling with supplemental entertainment and sports when
combined with our magnificent scenery and outdoor sports opportunities
Will mean a substantial increase in the number of people coming to
Alaska. They will come via airplanes, tour boats and buses to spend
money, create jobs and add to our revenues.
At the Cold Nugget in Nevada the average slot machine, just sitting
there, averages $100,598 per year - a single machine! That is a yield
Of over 1900 per cent. Trump's Castle wine $19 million per month from
Blackjack! That kind of cash injected into Alaska would breath new life
into a struggling economy that will last and last! And, through the
multiplier effect, money will turn over six or seven times to benefit
the entire state. Nevada has great roads, schools, airports, and
highways, and low taxes. Monte Carlo, another gambling environment, is a
tax free city.
H
Over 1,590,000 people passed through the Anchorage International
Airport in 1986, WITHOUT GOING INTO TOWN. There is little for them to
do - no reason to stay. Gambling, professional sports and world class
entertainment that the industry would -support would bring many of those
people into Anchorage. Only 20% of them staying Only 24 hours and
spending Only $300.00 would inject over $90 million into the Anchorage
economy, yearly. In addition, with site, space and other conditional
requirements to the gambling permits that limits casinos to 10,000
square feet of gambling space and prohibits the casinos from having
food, the benefits from this industry would be spread even further
through out the entire community. We would then have a full spectrum of
small, medium, and -large entertainment and gambling locations, separate
from restaurants. With this,labor intensive industry, necessary support
servize and supply business, our commercial economy would thrive - year
around - every year.
We are very serious when we say - over 30,000 new permanent jobs,
hundreds of millions in new revenues for public services, and a new
billions dollar industry.
The success of gambling Is dependent upon public confidence and
trust that licensed gambling !s free from criminal and corruptive
Public confidence- and -trust .can be- only- asinta-Ined_ .by- strict_ . -.... ....- . __ ._
regulations of persons, practices, and activities related to the
-operation-_of_litensed_gembling enterprisesand distribution of gambling
4 devices and equipment. The initiative stipulates that all premises
_
i
Signed petitions of 20,000 REGISTERED VOTERS are only the first
step. After certification, a tough campaign will be required in 1988 to
inform and convince the voters to legalize gambling in the State. This
campaign, when successful, will mean a better economic climate for all
of us.
We have heard a lot about economic development in this State, but
we have seen very little happen. ALPETCO, Dow -Shell, the gas -line,
Susitne Power, Knik River Crossing, and agriculture have cost a fortune
but have produced almost nothing in return. This gambling initiative
costs almost nothing to implement and returns hundreds of millions to
the State. The industry will expand our tourism business, create
thousands of .jobs, requires no new taxes on existing entities, create a
winter tourism industry, bring professional sports and entertainment,
and international vistors to our state. It does not solve all our
problems - but to certainly worth the try.
We have all been asked cc contribute to many compaigns and efforts.
We wager that there has not been one that, if successful, will return
such direct benefits to you and the other citizens of this state.
,t
We need your help. We need petition books to be sponsored and
signed and we desperately need financial contributions. We need to
ry raise $96,500 to pay for the petition drive expenses. Please send a
contribution todayf $1000 - $500 - $250 - $100 - whatever. NO PUBLIC
DISCOLSURE is required for money donated to a petition drive. Your
contribution will remain totally confidential.
Please send a check today. Make check payable to L.G.P.D.
(Legalized Gambling Petition Drive) and send to:
L.G.P.D.
4800 Corporation
P.O,-Box 775369
Eagle River; Alaska 99577
We thank you for joining this effort to help Alaskattt
Sincerely, •`
'.. ,► •,A Gam,'
Ge6rge Kallas William C. McConkey Dr. Charles W. Townsend 4
-=—T----T - — ' - = -- -Chairman- _- - -executive Director
- Finance -Chairman- --- - - -- - - -- - . -- - --
t
-- - --
WMcC:cr
r.
A
IN
April 21, 1987
CITY OF KENAI
"Od CapdW ej 4"
Certified No. P-505-683-003
Mr. Tom Hawkins, Director
Division of Land and Water Management
Department of Natural Resources
P. 0. Box 107005
Anchorage, Alaska 99510-7005
Dear Mr. Hawkins:
This letter is written In response to a letter received from
the Department of Natural Resources dated April 9, 1987
regarding the redesignation, conveyance and closing of
certain lands to mineral entry.
Three parcels of land (priority areas 86, 87 and 109)
involving four separate lots have been designated for the
Kenai area. While three of these lots are state owned
parcels, one of them has been patented to the City of Kenai.
A portion of the*land designated as priority area 87,
described as Lot 4, Section 3, T5N, R11W, S.M. was patented
to the City of Kenai (Patent No. 460) on December 29, 1966.
Currently this property is leased by the City -of -Kenai to
the Kenai Peninsula Oilers Baseball Club (20 acres) and the
balance of the acreage to Richard Morgan, an individual who
is developing a golf course on the property.
Please consider this letter a formal objection by the City
of Kenai of the proposed conveyance of the portion of
priority area 87 known as Lot 4, Section 3, T5N, R11W, S.M.
Attached is a copy of the original patent an this property.
Also attached for your information is a copy of a limited
liability report from Alaska Title and Escrow Agency, Inc.
-which-covers the parcels- in the Kenai area.
Please feel free -to contact this office if further
Information is needed -.-
Sincerely,
SBrigh?
X.-
Wm. n
City Manager
WJB/da
11
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Olivia Short
Page 2
November 10. 1987
shore of Cook Inlet". In addition, the city intends to examine the entire 6.42
acres of USS 143.5, including the subject 0.55 acre parcel. the 0.69 acres
currently owned by the State of Alaska along the NE survey line, and the remaining
4.2 acres used by the USFWS (i.e. containing equipment and storage buildings.
living quarters and headquarters.) I have attaeched copir ies of the city's lettersofor your information•
The city has indicated their intention to apply for a lease on the entire S.42
acres of USS 1435. Without knowing further details and having better information
on leases or pending applications (if any) on the remainder of USS 1435, the state
must object to the inclusion of the referenced (unimproved) 0.55 acre portion of
USS 1436 into the CIRI selection pool at this time. - Clearly, until the BLM and
i
USFWS -�iataiwine whether the City of Kenai quail'°. e.-m far receipt of a fodcral
property interest for their intended use of USS 1435.' the state must object
to the
purpose objection 1placement of
the referenced 0.56 acres, based on the ci ty's
Pt.
In addition, the department's Division of Oil and Gas has requested that the state
withhold concurrence to this nomination.
Please advise me of all future proceedings regarding adjudication of the city's
request for development of USS 1435. Do not hesitate to contact this office
should additional information our staff required
nd affected parrior to ties Bt�o,discdetermination.
uts rm�n'$ matter.
are prepared to meet w1 y
Cordially.
Gary Gustafson, Chief
Land Management
Attachments
CC: John J. Williams, City of Kenai r.'
Don Marx, CIRI
Dan Beardsleys, DOT/PF Central Region
Joe Joyner, DNR/DOG
Thomas Arminski0 APA
Dimitri Bader, OFbG
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Suggested by: Administration
City of Kenai
ORDINANCE NO. 1241-67
WH
c
W
ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
TIMATED REVENUES AND APPROPRIATIONS BY $161,500 IN A NEW CAPITAL
ROJECT FUND FOR PLANNING AND DESIGN OF A CONGREGATE HOUSING FACILITY.
EREAS, the State of Alaska has awarded the City a grant in the
nt of $161,500 for planning and design of a congregate housing
ility.
, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as
ollows:
Congregate Housing Capital Project Fund
Increase Estimated Revenues:
State Grant $161,500
Increase Appropriations:
Administration $ 8,500
Site Investigation 14,000
Reimbursables, Action Plan, Final Report 25,100
Schematic Design & Development 83,400
Site Survey & Soils Testing 12,000
Financial Model 81500
Contingency 10,000
Total $161,500
ASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of
ecember, 1987.
ATTEST:
Janet Whelan, City Clerk
JOHN J. WILLIAMS, MAYOR
First Reading: November 18, 1987
Second Reading: December 2, 1987
-1987-
Effective Date: c er ,
Approved by Finance: 9/f
• .. (11/13/87 )
■
Suggested by: Council
City of Kenai
ORDINANCK NO. 1242-•87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $261,500 IN A NEW CAPITAL
PROJECT FUND FOR DESIGN OF SIX PROPOSED 1988 ROAD PROJECTS.
WHEREAS, the City of Kenai desires to design the first six road
projects on the 1988-89 Capital Improvement List, and
WHEREAS, proposed design costs are as follows: j
I
Engineering Admin. Contingency Total
x
VIP Subdivision $ 62,000 2,000 6,500 $ 70,500
Trading Hay 16,000 2,000 2,000 22,000
Swires 24,000 2,000 2,600 28,600
Old Town 60,000 3,500 6,500 70,000 y
_
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Linwood, Candlelight,
Kaknu, Lawton, Baker,
Kiana 40,000 2,000 4,200 46,200 1
`
E. Aliak & Highbush 20,000 2,000 2,200 24,200
y'
Total $214,000 13,500 24,000 $261,500
-
WHEREAS, grant monies are available from prior projects that have been
completed at less than budget, as well as previously unappropriated
1986 road grant funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ,
ALASKA that estimated revenues and appropriations be increased as
follows:
-
kk
1-988 Road Proiects 4
Increase Estimated Revenues:
�`.
1983 Road Grant #2 $ 9,860.00
}-
1985 Road Grant 142,463.38
1986 Road Grant 109�•62
k
$261,500.00
Increase Appropriations:
Administration $ 13,500.00
:._
Engineering 224,000.00
Contingency 24,000.00
-� ---- ------ --- '— . - -
- - - - $261,500.D0
_...
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PASSED BY THE COUNCIL OF THECITY OF KENAI, ALASKA,
this 2nd day Of
December, 1987.
1cp'
-
L---
1
JOHN J. WILLIAMS, MAYOR
i
'
ATTEST:
i
:
Janet Whelan, City Clerk
N
First Reading:
i
November 18, 1987 i
r•�
Second Reading:
December 2, 1987
Effective Date:
December 2, 1987 '
Aap,iovecl by Finance: ._
tjA-
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;s
Suggested by: Administration _
City of Kenai
ORDINANCE! NO. 1243-87 ,
o"
}
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $3,738 IN THE GENERAL FUND FOR
REPAIR OF A POLICE VEHICLE. +
WHEREAS, - -a -police -vehicle has-been involved in an accident and repairs are estimated to cost $3,738, and
WHEREAS, the City does not carry collision insurance on its vehicles,
and
WHEREAS, the City maintains a self-insurance reserve for such purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, {
ALASKA that estimated revenues and appropriations be increased as j
follows:
-- General Fund
t
- Increase Estimated Revenues:
Appropriations of Self Insurance
Reserve $3,738
Increase Appropriations:
Shop - Repair & Maintenance $3,738
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of
December, 1987.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
3.;.' First Reading: November 18, 1987
Second Reading: December 2, 1987
Effective Date: December-2, 1987
Approved by Finance: C 9 D
-- (11/13/87)
. � 1
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Suggested By: Administration
CITY OF KENAI
ORDINANCE NO. 1240-67
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
PROVIDING FOR UNIFORM PENALTIES THROUGHOUT THE KENAI MUNICIPAL
CODE AND AMENDING KMC SECTIONS 1.56.050, 1.85.050, 2.35.010, I
3.05.060, 4.40.020, 5.05.040, 5.10.020, 5.15.060, 5.25.090,
5.30.230, 5.35.250, 6.05.270, 6.10.120, 9.10.110, 11.20.780,
12.15.100, 12.20.060, 12.25.090, 12.30.060, 13.05.010, 13.05.020,
13.40.080, 14.20.260, 14.25.090, 17.30.050, 17.30.060, 18.05.020, t
18.05.110, 18.25.140, 18.35.030, 20.05.110 AND 21.05.050.
WHEREAS, the State of Alaska has raised its bail schedule for
violations, traffic infractions and misdemeanors: and,
WHEREAS, inflation has made penalties in the Kenai Municipal Code
Inadequate and the present penalties are not an effective
deterrents and,
WHEREAS, it is the desire of the Council to raise penalties; and,
WHEREAS, the voters of the City of Kenai approved an amendment to
Section 9-3 of the City Charter to allow for an increased
penalty.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that provisions for uniform penalties throughout
the Kenai Municipal Code be made by amending the following
sections of the Code described on Exhibit "A" attached hereto.
-
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this /th a day
of December, 1987.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading:
Second Reading:
(10/28/87) Effective Date:
1
November 18, 1987 j
December j9; 1987
January St; 1988
Section_::
1.56.050 Penalty: In addition to any fine levied or other
penalty imposed pursuant to this ordinance or regulations imposed
thereunder, any person, firm, or corporation who shall violate
any provision of this chapter including any rules and regulations
as herein set forth, or fail to comply therewith upon conviction �_
thereof shall be punished by a fine [NOT EXCEEDING $1001 as 1C�l
provided for violations in KMC 13s05�010.
0ect-Rn a•
1.85.050 Refuse]_ or Fsilure to Disclose: (a) If a
pandiftte fails or refuses to file the statement required by
1.85.010, his filing shall be refused or, if previously accepted,
shall be returned and his name shall be withheld or removed from
the filing records of candidates.
(b) A person failing or refusing to comply with the
requirements of this chapter shall forfeit his nomination and
shall not be seated or sworn to the office for which he is a
4 candidate.
(c) A person who refuses or knowingly fails to make a
,{ required disclosure of information as provided in this chapter or
who files a statement containing false or misleading information
knowing it to be false or misleading, shall be guilty of a
[MISDEMEANOR) yio].ation and upon conviction is punishable by a
fine (OF NOT MORE THAN $3001 as
_provided for violations in RUC -
13..05.010.
( Section 3:
j
I 2.35.010 Penalty: Any person, firm, or corporation who
} commits a misdemeanor as defined by this chapter or who otherwise
violates any provision of this chapter, shall be guilty of a
} misdemeanor, and upon conviction(, OR BY IMPRISONMENT FOR NOT
MORE THAN THIRTY (30) DAYS, OR BY BOTH SUCH FINE AND '
IMPRISONMENT, AT THE DISCRETION OF THE MAGISTRATE) shall be
r, punished eke. -provided fobs isdomeai!ers_ in_KMC 13, 05.010.
r
Section 4:
3.05.060 Penalties„enc�,.Remedes: (a) Except as this
section provides otherwise, a person who violates a provision of
this title, term, condition, or provision of a license issued
s
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I
hereunder, or a City regulation promulgated under this title
shall, upon conviction, be subject to a fine (OF NOT MORE THAN
$3001 as provik7,;, _for_ violations • in. KMC-.-13.05.010.
(b) In addition to, or as an alternative to the penalty
aforementioned, any person violating any provisions of this title
shall be subject to a civil penalty (OF NOT MORE THAN $3001 as
provided in Each and every day that such
violation continues shall be deemed a separate and distinct
violation. In addition, a civil injunction or temporary
restraining order may be obtained in order to obtain immediate
compliance with the provisions of this chapter.
(e) The City shall seek an award of reasonable attorney's
fees and costs from the court in prosecuting such an action.
(d) Any animal adjudged a vicious animal by a court of
competent jurisdiction, may be destroyed by the City of Kenai
Animal Control Department upon order of such court or through the
consent of the animal's owner.
Sect on 5:
4.40.020 Pena tv: Any person, firm, or corporation
violating any of the provisions of this chapter shall be guilty
of a (MISDEMEANOR) ydolation, and each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the
provisions of this chapter is committed, continued, or permitted;
and upon conviction of any such violation, such person shall be
subject to punishment (SY A FINE OF NOT MORE THAN $1001 ea
provide, gor_ violations in ttMC 13—OA&I0.
Section 6:
5.05.040 Penal U: Any person perpetrating a nuisance as
herein described and prohibited shall be guilty of a misdemeanor;
and upon conviction therefor, shall be punished (BY A FINE OF NOT
MORE THAN $300 OR BY IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR
BOTW SUCH FINE -AND IMPRISONMENT AT THE DISCRETION OF THE
MAGISTRATE] as_. provided__ for miedemeanorp in KMC .13.05 .- ---- -
Section 7:
5.10.020 Peneltg: Any person failing to comply with or
violating any provision of this chapter shall be guilty of a
3
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"stool
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[MISDEMEANOR] violation; and upon conviction, shall be [FINED IN
AN AMOUNT NOT EXCEEDING $3003 punished as provided for violations
inKMC13.0.5.01Q. Every day upon which a violation shall
continue shall constitute a separate offense.
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Section-8:
5.15.060 Penalty: Any person failing to comply with, or
violate any provision of this chapter shall be guilty of (AN
ORDINANCE INFRACTION,] a yiolatiop and upon conviction shall be
fined (IN AN AMOUNT NOT EXCEEDING $100] a�rov_ided.gor
violatione_inKMC._13.05,010. Every day upon which a violation
.
shall continue shall constitute a separate offense.
Section_9:
5.25.090 Pen(a) Any person who violates any
alty:
provision of thischapter or the terms, conditions, or
limitations of any license issued hereunder shall be subject to a
civil penalty [OF NOT LESS THAN $50 NOR MORE THAN $1,0001 as
prgvJA@d for a KMC 13.05.010 for each offense, or injunctive
relief to restrain the person from continuing the violation or
threat or violation, or both the civil penalty or injunctive
r
relief. Upon application for injunctive relief and a finding
to violate any (�
that a person is violating or threatening
provision of this chapter, the terms, conditions, or limitations
of any license issued hereunder the Superior Court shall grant
injunctive relief to restrain the violation.
(b) Each day of violation of any provision of this chapter
or conditions or limitations of any license issued hereunder
1
shall constitute a separate offense.
a
1�
Section 10:
j
5.30.230 Penalty.: (a) Any person, firm, or corporation
i
violating any of the previsions of this chapter shall, upon
-►
donviction thereof, be punished [BY A FINE: NOT TO EXCEED $300 OR
'
BY IMPRISONMENT IN JAIL FOR THXRTY1 (30) DAYS, OR BOTH] as
�
Qrovded misdemeanors n_ICMC- 13.,.05.010.
�
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.g.or
(b) This section may not be construed to authorize a person
f.
to solicit for sales or sell services, goods, wares, or
merchandise in a residential area in violation of other
provisions of this Code.
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Section 11:
5.35.250 Penalty: la) It shall be unlawful and an offense
for any person to violate or neglect to comply with any provision
hereof irrespective of whether or not the verbiage of each
section hereof contains the specific language that such violation
or neglect is unlawful and is an offense. Any person who shall
violate any of the provisions of this ordinance, or any of the
provisions of a drilling and operating permit issued pursuant
hereto, or any condition of the bond filed by the permittee
pursuant to this ordinance, or who shall neglect to comply with
the terms hereof, shall on conviction thereof, be fined (IN ANY
8UM NOT LESS THAN $5.00 NOR MORE THAN $1001 as Qrovided._gor
violations in RMC 13.05,---O 0—; and the violation of each separate
_ provision of this ordinance, and of said permit, and of said
bond, shall be considered a separate offense, and each day s
violation of each separate provision thereof shall be considered
a separate offense. In addition to the foregoing penalties, it
is further provided that the City Council at any regular or
special session or meeting thereof, may, provided ten days notice
has been given to the permittee that revocation is to be
considered at such meeting, revoke or suspend any permit issued
under this ordinance and under which drilling or producing
operations are being conducted in the event the permittee thereof
has violated any provision of said permit, said bond, or this
ordinance. In the event the permit be revoked, the permittee may
make application to the City Council for a reissuance of such
permit, and the action of the City Council thereon shall be
final.
lb) In addition to, or as an alternative to the penalty
aforementioned, any person violating this title shall be subject
to a civil penalty (OF NOT MORE THAN $1001 *n __a�n. amoulst M
Provided b3rKMC 13.05.010. Each and every day the violation
continues shall be deemed a separate and distinct violation. In
addition a civil injunction or temporary restraining order may be
obtained in order to obtain immediate compliance with the
provisions of this title and the City may apply for its
reasonable court costs and attorney fees in bringing the civil
litigation.
M Section 12•:
-- - 6.05.270 (a) It shall be unlawful
for any person, firm, or corporation to do any of the following
acts, and any person, firm, or corporation who does any of the
following acts shall be guilty of a misdemeanor:
1
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(1) Directly or indirectly uses or threatens to use
force, coercion, violence, restraint, inflicts, or threatens
to inflict damage, harm, or loss upon or against any person
to induce or compel the person to vote or refrain from
voting for any candidate in any election or for any election
proposition or question.
(a) Gives or promises to give, or offers any money or
valuable thing to any person, with the intent to induce him
to vote for or restrain him from voting for any candidate at
any election or any election proposition or question.
(3) Knowingly prints or circulates, or causes to be
written, printed, or circulated, any letter, circular, bill,
placard, poster, or other publication relating to any
election or to any candidate at any election or to any
election proposition or question without the same bearing on
its face the name and address of the author, printer, and
publisher thereof.
(4) Writes, prints, or circulates, or who shall cause
to be written, printed, or circulated, any letter, circular,
bill, placard, or poster, or who causes any paid
advertisement to be placed in a newspaper or any other
publication, or who pays or contributes to the payment for
any such advertisement, or who makes any radio broadcast,
wilfully knowing the letter, circular, bill, placard,
poster, publication, paid advertisement, or radio broadcast
to contain any false statement charge, qr comment relating
to any candidate to any election or to any election
proposition or question.
(5) Has in his possession outside of the voting room
any official ballot, provided that this shall not apply to
election officials or other properly authorized persons
having such possession in line of duty.
(6) Makes or knowingly has in his possession any
counterfeit of an official ballot.
(7) Refuses to allow an employee reasonable time off
for the purpose of voting when the employee does not have a
reasonable amount of time to vote before or after work, or
who, after allowing the time off, deducts the time from the
compensation of the employee.
fficia
(8) - Being, an, elertioia ol. while the polls are
open, opens any ballot received from a voter at an election,
or marks a ballot by folding or otherwise so as to be able
to recognize it, or otherwise attempts to learn how any
voter marked his ballot, or allows the same to be done by
any other person.
(9) Writes, produces, or assists -in writing or
producing any published letter, circular, poster, bill,
�i
publication, or placard, knowing that it contains any false
statement or false charge reflecting on the character,
morality, or integrity of any candidate at any election.
(10) Votes or attempts to vote in the name of another
person or in any name other than his own.
(11) By force, threat, intimidation, or offer of
reward, induces or attempts to induce any election official
to fail in his duty.
(12) Wilfully changes or causes to be changed any
official election documents, including ballots, tallies, and
returns, or attempts to do the same.
(13) Wilfully delays or causes to be delayed the
election returns, or attempts to do so.
-(14) Wilfully votes or attempts to vote more than once
at the same election.
(15) Signs any name other than his own to a petition
proposing an initiative, referendum, or recall, or knowingly
signs his name more than once for the same proposition or
question at one election, or signs the petition knowing that
he is not a qualified voter.
(16) Having been contracted or employed by the City to
print or reproduce in any manner any official ballot,
wilfully appropriates to himself, or gives or delivers to,
or knowingly permits to be taken by anyone other than a
person authorized by the City Clerk, any official ballots,
or knowingly prints, reproduces, or causes to be printed or
reproduced any official ballots in any other form or with
any other content than that prescribed by the Charter,
ordinance, or as directed by the City Clerk.
(17) Wilfully makes a false affidavit or swears falsely
under any oath required in connection with any election or
registration for voting or falsely affirms in lieu of so
swearing.
(18) Wilfully fails to perform any election duty or
knowingly does any unauthorized act with the intent to
affect the election or its results.
(19) Wilfully permits, makes, or attempts to make any
false count or report of the election returns.
(20) Being an election official, wilfully conceals,
withholds, wrongfully changes, mutilatev, or.doetroys the
election returns, or attempts to do so.
(b) any person, firm, or corporation who is guilty of a
misdemeanor as defined hereinabove shall be punished upon
conviction thereof LBY A FINS OF NOT MORE THAN $300 OR BY
IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BY BOTH SUCH FINE AND
IMPRISONMENT IN THE DISCRETION OF THE MAGISTRATE) as.Mrovided,for
n�iedemeanore in ItMC 1�.,�05.010.
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Section 13:
8.10.120 penalties: (a) Any person, firm, or
corporation who shall violate any of the provisions of the Fire
Prevention Code hereby adopted or of this chapter, or fail to
comply therewith, or who shall violate or fail to comply with any
order made thereunder, or who shall build in violation of any
j detailed statement of specifications or plans submitted and
approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken, or who shall
fail to comply with such an order as affirmed or modified by the
i City Council or by a court of competent jurisdiction within the
time fixed therein shall severally for each and every such
violation and noncompliance respectively be guilty of a
_ [MISDEMEANOR]. violations _�unishabie [BY A FINE OF NOT TO EXCEED
$1001 a�rovided Eor violations in KMC 13.05.010. The
1 imposition of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall be
required to correct or remedy such violations or defects within a
reasonable time; and when not otherwise specified, each ten days
that prohibited conditions are maintained shall constitute a
} separate offense.
(b) In addition to, or as an alternative to the criminal
Y; penalty aforementioned, or the penalties and compliance
s provisions of the Uniform Codes adopted by this chapter, any
person violating any provisions of this chapter, the uniform
J codes that it adopts, or any written order of the Fire Chief or
his designee based on the above, to correct a fire hazard, shall
be subject to a civil penalty [OF NOT MORE THAN $1001 tn_gp
amount as provided by KMC 13.03.03,0. Each and every day that
such violation continues shall be deemed a separate and distinct
violation. In addition, a civil injunction or temporary
restraining order may be obtained in order to obtain immediate
compliance with the provisions of this chapter or the uniform
codes that it adopts in order to abate a fire hazard.
{ (c) The application of the above penalty shall not be held
;. to prevent the enforced removal of prohibited conditions.
Section_.14 s
9.10.110 Penalty: Any person, firm, or corporation who
shall create or maintain a nuisance as defined in this chapter,
or who shall violate any provision of this chapter, shall upon
conviction be punished (BY A FINE OF NOT MORE THAN $1001 as
provided, .13.05.,010.
8
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Sect on 13:
11.20.760 ?ena.ities: la) it is unlawful for any person to
violate any of the provisions of this chapter and upon conviction
thereof shall be fined (IN AN AMOUNT NOT EXCEEDING $1001 gn
provided for violations in RMC .13.05.010. Each day such
violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
(b) In addition to or as an alternative to the above
penalty provision, the City may impose a civil penalty (NOT TO
EXCEED $1001 in_an_amaant as•pxavidad by KMC per day
for the violation of any provision of this chapter and seek
injunctive relief for any infraction thereof for which the
offending party will be charged for reasonable attorney's fees
and costs incurred by the City as awarded by the Court.
(c) Nothing in this section shall be deemed to restrict the
City's exercise of any of its rights pursuant to the lease
agreement including those enumerated in Section 820 and 240
hereof.
s
Section 16:
1: 12.15.100 ?ena t --for Violation: Any person who shall
violate any of the provisions of this chapter shall, on
conviction thereof, [BE FINED NOT MORE THAN $300 FOR EACH
OFFENSE, OR BE SENTENCED TO IMPRISONMENT IN 1HE MUNICIPAL JAIL
YL FOR NOT TO EXCEED THIRTY (30) DAYS, OR BOTH,] b@-.Puniehed as
provided for misdemeanors in KMC 13.05.010 and each day a
violation exists shall be considered a separate offense.
�s
g_ectioA7 :
12.20.060 Per►altyt Any person, firm, or corporation who
shall create, maintain, aid, or abet in creating a public
nuisance as defined in this chapter, or who shall otherwise
violate any provision of this chapter by doing any ant prohibited
or declared to be unlawful thereby, or declared to an offense or
-misdemeanor thereby, or who shall fail to do anyact when such
provision declares such failure to be. unlawful or to be an
offense or misdemeanor shall be guilty of a misdemeanor; and upon
! conviction thereof, shall be punished (BY A FINE NOT EXCEEDING }
- $300, OR BY IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BY BOTH i
SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE MAGISTRATE)
� pro_v_ided- for misdemeanors i nn KMC 13_.9-L.- 10.
3.
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Sect0n_18.: �-
12.25.090 Penalty_: A person who violates KMC 12.25.020 or
030 of this chapter, upon conviction, is punishable by a fine [OF
NOT LESS THAN $25 NOR MORE THAN $1001 as,_prov_icied_,ior _violations,
in KMC 13.05.010.
Sectiost_ 19
12.30.060 Penalties anddte�pedies_: (a) In addition to any
,►I
other remedy or penalty provided by this chapter, or available at
-
law or in equity, a person who violates a provision of this
chapter shall be subject to a civil penalty [OF NOT MORE THAN
01,000.001 ip an a*9MR as,�ro_v_ided in RMC 13,05.010 for each
offense, or injunctive relief to restrain the person from
continuing the violation or threat of the violation, or both auch
-_
civil penalty and injunctive relief. Upon application by the
City for injunctive relief, and a finding that a person is
violating or threatening to violate a provision of this chapter,
the Superior Court shall grant injunctive relief to restrain the
violation.
(b) Each day during which a violation described in this
section occurs shall constitute a separate offense.
„ f
Section 20:
I
13.05.010 [PENALTY]: Fena,l�s,: (a) Any person, firm, or
corporation who shall violate any provision of [THIS TITLE) the
Kenai Municipal Code by doing any act prohibited or declared to
be unlawful thereby or declared to be an offense, or who shall }
fail to do any act required by such provision, or who shall fail i
to do any act when such provision declares such failure to be
unlawful or to be an offense upon conviction of any provision of
(THIS TITLE) the Kenai Municipal Code shall be punished [BY A
FINE NOT EXCEEDING $1001 As-.Wlow_ss l
Miademeanors _ up to _a 5500.00.fine and o_thirt 301
drays in fail.
2.
3. tLiolations - Up co a souvw uv =3.ne.
4. Attempt to Commit a Violation - U to a 250.00 fine.,
�bZ_ Civil _penalties_ tte _provided�.tor_in, the_,Kenai Munic,-pa._
-- kn amount not to exceod $1,000.00.
faction ai:
13. 05. 020 Attempts _(TO , COMMIT,__A AX OP—EMBANOR I: _j a) Every
person who attempts to commit a misdemeanor, and in such attempt
does any act toward the commission of such misdemeanor, but fails
or is prevented or intercepted in the perpetration thereof, is
guilty of an_.attempted misdemeanor and shall be punished in the
manner prescribed in_RMC 13.05.010 for [THE] attempted
misdemeanors' [ITSELF).
(b) EverY_peracn aho�ttempis, to co:nit a violatiopa. end in
action 22:
0
13.40.080 Penalty,: A violation of any provision of this
chapter shall be punishable by a fine (OF NOT MORE THAN THREE
HUNDRED DOLLARS ($300.00)) as provided for violations in KMC
13.05.010.
N
Sectfor}_ 23:
14.20.260 9_4n nistration,,_—Enforcement , and Penalties:
(a) The City Manager of the City of Kenai is hereby named
as the administrative official for the purpose of administering
and enforcing the provisions of this chapter.
(b) If the administrative official finds that any of the
provisions of this chapter are being violated, he shall notify in
writing the person responsible for such violations, indicating
the nature of the violation and ordering the action necessary to
correct it. He shall order discontinuance of illegal uses of
land, building, or structures; removal of illegal buildings, or
structures or of additions, alterations, or structural changes
thereto; discontinuance of any i•llegal'�work being done; or shall
take any other action authorized by this chapter to insure
compliance with or to prevent violations of its provisions.
(c) No permit for the erection, alteration, moving, or
repair of any building or other structure shall be issued until
an application has been made for a certificate of zoning
compliance, and the certificate has been issued by the
administrative official in conformity with the provisions of this
chapter. The administrative official shall maintain a record of
11
all certificates of zoning compliance and copies shall be
furnished upon request to any person. Failure to obtain a
certificate of zoning compliance shall be a violation of this
chapter and shall be punishable as provided in this section. All
applications for certificates of zoning compliance shall be
accompanied by plans in duplicate, drawn to scale, showing the
actual dimensions and shape of the lot to be built upon; the
exact sizes and location, and dimensions of the proposed building
or alteration. The application shall include such other
information as lawfully may be required by the administrative
official, including existing or proposed buildings or
alterations, existing or proposed uses of the building and land;
the number of family housekeeping units, or rental units the
building is designed to accommodate; conditions existing on the
lot; and such other matters as may be necessary to determine
conformance with and provide for the enforcement of this chapter.
The administrative official shall render his decision within
thirty (30) days of the filing of the application for a
certificate of zoning compliance. However, this time limit may
be extended by common consent and agreement signed by both the
applicant and the administrative official. One copy of said
plans shall be returned to the applicant by the administrative
official, after he shall have either attached a certificate of
zoning compliance or marked the plans as disapproved and attested
to the same by his signature on such copy. The second copy of
the plans, similarly marked, shall be retained by the
administrative official.
(d) Complaints Regarding Violations. Any person may file a
complaint regarding an alleged violation thereto. All such
complaints shall be brought to the attention of the
administrative official who should record such complaint and
immediately investigate and report thereon to the Commission and
take any action required by this section.
(e) Penalties for Violations. For any and every violation
of the provisions of this chapter, the owner, agent, or
contractor of a building or premise where such violations have
been committed or shall exist, or any other person who maintains
any building or premises in which any violation exists, shall be
subject to a civil penalty (OF NOT MORE THAN $100) in an amount
ae. pggvided__5.n KMC_ 13.05_.0 0. Each and every day that such
violation continues shall be deemed a separate and distinct
violation. All remedies provided for herein shall be cumulative
and not exclusive. The issuance or granting of a.building permit
or approval of plans or specifications under the authority of the
building code without a certificate of zoning compliance shall
not be deemed or construed to be a permit for, or an approval of,
any violation of any of the provisions of this chapter or any
12
7
India]
amendment hereto. No permit presuming to give authority to
violate or cancel any of the provisions of this chapter shall be
valid except insofar as the work or use which is authorized is
lawful and permitted.
(. fection 26:
14.25.090 ?ene+l_es: Penalties for non-compliance with
this chapter shall be as set forth by KMC (14.20.1601 14.20.26Q.
action 25:
17.30.050 Penalty7lEine Imposition: Any person, firm, or
corporation violating any provision of this chapter shall be
subject to a fine in an amount (NOT TO EXCEED $5001 es proviBeQ
for violations in KMC 13.05.010. Each discharge or dumping shall
constitute a separate violation.
Section 26:
17.-30.060 Civil Penaltys (a) In addition to, or as an
alternative to the penalty aforementioned, any person violating
any provisions of this chapter shall be subject to a civil
penalty (OF NOT MORE THAN $1,O001 as groyided in KMC 13.05.010.
Each and every day that such violation continues shall be deemed
a separate and distinct violation. In addition, a civil
injunction or temporary restraining order may be obtained in
order to obtain immediate compliance with the provisions of this
chapter.
lb) The City shall seek an award of reasonable attorney's
fees and costs from the court in prosecuting such an action.
�tion.a7s
18.05.020 Penal: Xny owner -or occupant who shall fail,
refuse, or neglect to trim trees and shrubbery, as provided in
the above section, after receiving at least five (5) days notice
from the City Administrator to do so, shall be _guilty of a
(MISDEMEANOR) violation and._,eubjeat to pu�iehment as�ZKovided for
violations in KMC 13.05.010. Everyday that said owner or
occupant shall fail, refuse, or neglect to trim said trees or
shrubbery after the expiration of such notice shall be a separate
offense.
t
I
Section 28%
18.05.110 Penalty: Any person, firm, or corporation who
shall violate any provision of this chapter by doing any act
prohibited or declared to be unlawful thereby, or declared to be
an offense or misdemeanor thereby, who shall fail to do any act
required by any such provision, or who shall fail to do any act
when such provision declares such failure to be unlawful or to be
an offense or misdemeanor shall be guilty of a misdemeanor; and
upon conviction thereof, shall be punished [BY A FINE NOT
EXCEEDING $300 OR BY IMPRISONMENT NOT EXCEEDING 30 DAYS, OR BY
BOTH SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE
MAGISTRATE] ae._proyided.. for misdemeanors in KMC 13-.05.910. Each
day upon which any such violation continues shall constitute a
separate misdemeanor.
Section 29:
18.25.140 Penalty: In addition to the penalty of
revocation described above in KMC 18.20.070, any person or legal
entity who shall violate any provision of this chapter by doing
any act prohibited or declared to be unlawful thereby or who
shall fail to do any act when such provision declared such
failure to be unlawful, shall be guilty of a [MISDEMEANOR]
violation; and upon conviction thereof, shall be punished by a
fine [NOT TO EXCEED $1001 As_orovided for violations in KMC
13.05.010. Each day upon which any such violation continues
shall constitute a separate infraction. In addition to, or as an
alternative to the penalty aforementioned, any person or legal
entity violating any provision of this chapter, shall be subject
to a civil penalty [OF NOT MORE THAN $1001 sa provided iu KMC
13.05.010. Each and every day that such violation continues {
shall be deemed a separate and distinct violation. In addition,
a civil injunction or temporary restraining order may be obtained
in order to obtain immediate compliance with the provisions of
this chapter.
SeCtior► 30:
18.35.030 genaities: Any person or other entity who shall
tr violate any provision of this chapter, by doing any act
prohibited or declared to be unlawful thereby or who shall fail
} to do any act when such provision declared such failure to be
14
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1
unlawful shall be guilty of a [MISDEMEANOR] yiolationf and upon
conviction thereof, shall be punished [BY A FINE NOT EXCEEDING
$1001 as_prgv_ided_ for_ violations in KMC_13_.05._010.. Each day upon
which any such violation continues shall constitute a separate
misdemeanor.
Section 31:
20.05.110 Penal�y,: Any person violating any provisions of
this chapter shall lie guilty of a (MISDEMEANOR) violation and
shall upon conviction thereof be punished [BY A FINE OF NOT MORE
THAN $300.001 as providedfo]Lviolations in KMC 13.05.010.
section 3?!:
21.05.050 Penalties: (SHALL BE PURSUANT TO KMC_18.25.0901
11
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THURSDAY PUBLIC FORUMS
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----------November 1987-------------------
:
RECT°a
PLEASE POST THIS SCHEDULE
,
■ c°MMa7tt �
a. Mend, PngdMl
�.sh.ar Pres. Reservations are re uired for each meeting. Please call
'
�• B•enurl►_
�,�•o^�^nnq'�,rwith
y p.m* a nes ay or a reservation.
ttM1Mn M•
ens �&And.non
Thursday breakfast meetings are held at the
Inn. Breakfast is served at 7:00 a.m.
to°°"Enr aaxa►
n Lights
esentations beginning -at 7:30 a.m.
-
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wT�. ua
d, v+nam Oir
F�IhN M. "PN•" Nton
U P D A T E
Un BBban ��
orraP.sndtl+
Nov. g
New Direction for Anchorage
a° R. Wi"
Winner of the ov. 3ra Mayoralunot= e.aection
Mayor Tom Fink? / Mayor Dave Walsh?
o�atcrcat
8tw•n C. ecna
Nov. 12 Alaska Mariculture Develo went
MIduNero��ipp���,,
K•ayM c A
Yes: Mayor au u 8, res en • as a
Mariculture Association, Unalaska
'�
°oi„C�•�
ab°+�aa•
po: hate Graham, Executive Director, United
°V."ton nw P'hi
a 010 tj Fishermen Association, Juneau
_ F
rawaiwnor Nov. 19 Sea Contro]
the Arctic:
jdaho•oddeh .�.�..•
a David W. Orr, distinguished author, 1987 JCS
Distinguished National Strategy Essay Award.
N . Admiral Richard G. Colbert Memorial Prize
PhM R. FMi01d. .
f �J Nov. 26 No me9tinst. Happq Thanks ivin Da !!i
Dec 3 Sneak Preview:
" . �.,.. Management of the Boreal Forest
WNW saruian
' J•ronw!►
------------------------ - - Featuring renowned.-int�>Aational forestry experts
W V at 1P N - g p Educ'Ean
-_ who will be speaking at the two-day RDC
. L w04ftn M.7Mtloid
.ioilThane Foundation TIMM_conference on Management of the, Borgia
-- - —
_ e011i0 Forest. Conference begins at Clarion --Hotel -
(. � � immediately following the RDC Thursday Breakfast
o P. vru« Forum.
- , . � txoancio MtMeeat .
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ti: oonYaMq � N�K im" yffio, 1
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Wena! Community IV%aty
A PUBLIC UBRARY IN SERVICE SINCE 1049
183 MAIN STREET LOOP
KENAI, AIASKA 99911
REPORT FOR THE MONTH OF OCTOBER 1987
Circulation
Adult Juvenile Easy Books
Fiction
1466 423 1323
Non-fiction 1659 238 324
Total
Book Circulation
Films, Phonodiscs, Pamphlets, Periodicals
Total Circulation
Additions
Adult Juvenile Easy Books AV
Total
Gifts
80 6 10 24
Purchases
40 9 59
121
12
Total Additions
Remedial and
re -worked books Adult Juvenile' Easy
Books
13 6
52
Interlibrary
Loans Ordered Received Returned
Books
38 125 39
AV
30 27 27
Interlibrary
Loans by Our Library Books AV
54 57
i
5433
558
5991
:I
233
I
71
Ill
Volunteers
�. Number 25
- Total Hours 402
Income
Fines and Sale Books $617.30
Lost or Damaged Books 488.75
Xerox
329.75
=-------..�-•------- - ... - - - _ -- - - - -----__-_._
_ ' Donations 30.00
,1
Wa►:ai Community Xdtaty
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI. ALASKA 99611
LIBRARY CARDS ISSUED OCTOBER 1987
Kenai
78
Cooper Landing
1
Kasilof
10
Ninilchik
1
Nikiski
10
Soldotna
41
Sterling
4
TOTAL CARDS ISSUED
145
LIBRARY PATRONAGE 5,919
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CITY OF
Kte MDAL00 KBNM, ALMKA M11
TELEPMONS ZN • 7m
CITY OF KENAI
BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT TO
NAME 1-16-' ,
Resident of City of Kenai? How long?
�,�,, 1 ,�
Mailing Address l�lt Tel. �c3 �R4�
i
Bus. Address Tel.
(�1 �eA
Presently employed by ��Si1�Cl.
Sob Title Subs{ 14
Name of Spouse
Current membership in orgenizatione: 1i
C�c�liG of � 0. emc��fa4S
Pest organizational membership:
r
Committees interested in:
kyt<b 4 re�� C � I�t 1�lanniMa �rlinq
NOV l9a
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1 CONTRACT FOR OPENING AND CLOSING OF GRAVES
K.ENAI MUNICIPAL CEMETERY
THIS AGREEMENT, made and entered into this _ day of
, 1987, by and between the City of Kenai,
Alaska, 110 Fidalgo Avenue, Kenai, Alaska, 99611, a municipal
corporation, organized and existing under the laws of the State
of Alaska, hereinafter referred to as "City" and Mike Cinereski,
P.O. Box 4205, Soldotna, Alaska, 99669, hereinafter referred to
as "Contractor."
RNC3TAL8
1. 'WHEREAS, the City of Renal owns and maintains the City
of Kenai Municipal Cemetery located on First Avenue within the
City of Kenai.
E. WHEREAS, the City has determined that it is in its best
Interest to employ a contractor for the purposes of excavating
and closing graves.
3. WHEREAS, the contractor box familiarized himself with
the City of Kenai Municipal cemetery and is aware of the
historical importance of the cemetery and the -necessity of
avoiding damage thereto.
4. WHEREAS, it is desire of Contractor to open and close
graves on an as -needed basis.
AGREEMENT
J
Having reviewed the above recitals, the parties hereby agree
as follows:
S. Term of A,oreement.& The original term of this agreement
shall. be for .a period of one (1) year, commencing December 1, )
�1987 and' -ending November 31, 1988.
,< 4
Either party may terminate this agreement upon thirty (30)
day's written notice to the addresses first above written. `
6. ewa tf City determines, in its sole discretion,
that Contractor has performed satisfactorily, the Contractor !
' shall have the option to renew this agreement in accordance with
the terms and conditions hereof for an additional one-year term
---- - ----- - -- --� - at the -expiration --of -the original- -one-year term by_ giving. the_
_. City written notice that he exercises such option prior to the I
7
final month of the original one-year term. Sending such notice
shall constitute the renewal and extension of this agreement
without the necessity of the execution of a separate amendment to
this agreement unless City expresses dissatisfaction with
Contractor's performance within ten (10) days of receipt of said
notice.
7. ,Indemnification: The Contractor shall indemnify and
save harmless the City, its present and future officials,
employees and agents, from and against any and all liabilities,
Penalties, fines, forfeitures, demands, claims, causes of action,
suits and costs and expenses incidental thereto (including costs
to defense, settlement, and reasonable attorney's fees), which
any or all of them may hereafter suffer, incur, be responsible
for or pay out as a result of bodily injuries l including death),
to any.person or damage (including loss of use) to;sAy property
situated within the City of Kenai Municipal Cemetery or arising b
out of the operation of this contract.
B. Worker's Comoeneatiop 2nsurance: The Contractor shall
carry Worker's Compensation Insurance and Occupational Disease
Insurance as required by the statute of the State of Alaska, from
a company authorized to do business in the State of Alaska and
with a company which meets with the reasonable approval of the
City.
n
9. Excavation Notification: Contractor agrees to excavate
a grave within forty-eight (48) hours of notification by the
City. Contractor shall make himself available to receive such
notification between the hours of 8:00 a.m. and 5:00 p.m. Monday
through Friday, at the following telephone number: 262-7179.
Contractor agrees to notify the City ten (10) days in advance of
changing such number and to furnish the City with the new number
where Contractor may be reached between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday.
10. Excavation Method: Contractor agrees to excavate
graves either by hand or with power equipment. Contractor
further. agrees that power :equi.p:uent being •moved .scross the
existing cemeterye• lands car .over,:yiates shall not - cause rutting or
other -damage to•existing grassed areas, headstones, or
tombstones. Contractor agrees to indemnify the City for any
damage thereto.
11. Excavated Material: Contractor agrees to store
excavated material on a tarp and in such a manner that the
excavated material does not deaden existing plant material or
alter the appearance of surrounding gravesites.
2
12. xcavation Closure: Immediately following each funeral
service, Contractor agrees to till in the grave and mound the
excess material in a neat and presentable manner consistent with
the best practices of the funeral industry and in compliance with
State and local ordinances, statutes, regulations, or rules.
13. Gra3!e, Opening and Closinc Payment: City agrees to pay
amounts for the opening and closing of graves as set forth more
fully in the attached Exhibit "A" which schedule of charges may
be changed by resolution of the City Council of the City of
Kenai, Alaska upon thirty (30) day's notice. Payment shall be
made by City within two (2) weeks of submission of Contractor's
Invoice to the City.
14. Assig ent: Contractor may not assign this contract in
any manner or form without prior written permission of'the City
of Kenai.
IN WITNESS WHEREOF, the parties hereto have hereunto not
their hands, the day and year stated in the individual
acknowledgments below.
CITY:
ri
CITY OF KENAI
By
William J. Brighton
City Manager
Sj
'I
CONTRACTOR:
By:
STATE OF ALASKA )
as.
..''1!HX RD _ JUDICIAL DISTRICT )
4 THIS 18 TO CERTIFY that on this day of
,. 191, , being personally known to me
or having produced satisfactory evidence of identification,
appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
`i
Notary Public for Alaska.
My Commission Expires:
L
0
STATE OF ALASKA
so.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this - day of ,
19_, WILLIAM J. BRIGHTON, City Manager of the City of Kenai,
Alaska, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the
foregoing instrument on behalf of said City.
Notary Public for Alaska.
My Commission Expires:
Approved as to contract form by City Attorney
Approved by Finance Director
Approved by City Manager !
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CITY OF KAUAI MUNICIPAL CEMETERY
GRAVE OPENING ANA CLOSING CHARGES
Full-size
Grave Infant Cremains
5' x 10' 216' x 5' 2N • x 2H'
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