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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 �_- - t" by Adding Chapter 1.59 - Kenai Advisory Bicentennial Commission and Amending Kenai Municipal Code Section 1.90.060 - �::,',`. .. . . ...... .. � Ordinance 1239-87 - Substitute _,3 ,sy D. COMMISSION/COMMITTEE REPORTS E. MINUTES 7 - •-..." _. ..:•� .. -:'ice. .�L•.''i '.1 t �- — � __— __--�--`— ?mot--__ __ -.__.. .- - .. xn, _ _ _ _ _ 7 e'c, a .•.>: U 71 t•- - •i 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 L [in Q 0 .1 d �J - i .,1 ��•.i' i�'s�.i:i, 'S1'i J4;.a;et.-''"i r.t't _ • -- - - --------------- fir. �a --- -..- - • - „�lU1�t Ws.we rr. • _ Me ew�t- irh�e'+ ae a p�r:"bMt wn i ¢: MM l TWA cow, �] - i11lt IM11.. . 4 may 1 MY IIM �► tie Mi,r> 1M I.dl IW4 ,,� ,. Mlyil�lyh11111lrtlf. is a /full beh id" t", : i�YMr'IN M1MrM IM ..riad�t� ' I Y�sMW lir �i1� ♦ , i Ifwjai;: �1q4 ffMlt YM Y* , Lisopwty fatly My p.'.r . { tlMNr�llNai ; , • ., .. ; '!'b�QouncllaUe�itde�f , tlN�Yw�dt b�l�ww aN>�►.. ; ,�aa►w.atdu>�..Mk�.�1. �MYrt bM�t iei� _ - .. iMiui. tftyt . the ,oars• Wry Ir, tu" lw ts�arNr is j N�X go Mind. _ ... �� 11i11 btprl�0� . Aft Ow �. NHA' iM MMIII' r..� 1Mt4iilion 1� 1wM�i M d� 'W► f owNUY�OMiNit�lr. a; dlr'iM ��Ii1M1�► W� �,.. taa Xv oil, [a i . .i -- - - 4. al r 001FF 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 0 L N ') 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,; 0 . I M : -I 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 d r °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-- _ �r N I 'x d •1S' 1., a0 - ..... 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. 404 ..., ,,x... h... .... . M..•....... Pego8 Cl: r— 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. page.... EFJ6 e,eeee •...• Pe9s9 J L 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 Page a ..XX.. Exh......... •:.:e+r�....+ Pew rt. h } y i Y n I rr ul a) i u u ui a u a u u! al ui I ul all all 01ai 1011 fil ulaiu! I I lalalulai all ui Iui palla1ulal 1 l ul ul I Ul I u a� I I 110.11 1 11 ul ul I au u 1 a a u u� aiul ul 1a11 lal 1 ul ul I fil u l i '; 10-i I �l i ul u1 lul 1 I° r4 .. w M v N a 'N W, � tt t W W i , AR ..• a `� a .. IIA •i i q t! W V• s+ p a 41 a • .1; M ! M��,.i u �,; u �� �q to a $4 ° 41p.. 1- 01 a ar= ct i m19.140 � � � W a � � W Wi aMt' o; i f iraI� r•1, Mi q r♦+ d N 10� of a, r♦ 0 M N p. V� �wi1°�+ �! tl pG N oa ar♦� r 4! 54 O; i �►,� ° aims wil • ° a���a I all y a c�—saaaayiAl Ala,ac I 1 ll I • Page ....i..... 6�h...tFil.... 1 N AWk C., - 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." ------ -- --- --------------- I 1 { 1 dt:tt� oenaan nv THE COUNCIL OF THE CITY OF KKNAI, ALASKA, this 18th day of 0 A 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. L &, - i _ t 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. .. i4 t PASSED BY THE COUNCIL OF THE CITY OF KENAX, ALASKA, this 18th day of November, 1987. f� I JOHN J. WILLIAMS, MAYOR 1 ' ATTEST: is t 1 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) ff i 3, 4, i 7 �y _ -a- 1 14 41: - i L Sect.,... �_ 1 � L Chapter 1. 99 I 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 . f ..... a bec - i i 1 } 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. v D M2 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 _= commission's functions and accomplishments. kJ Chairman Quesnel asked that the following items be placed on the I the November 2nd agendas . � agenda for next meeting, along with I I OLD BUSINESS Discussion of detailed items on the minutes of October '.; 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. } _ __..... ... ;,i End of Report. i x L i Y 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_• i .Y �lft�S1 1� L_ 0 J PARKS AND RECREATION COMMISSION November 10, 1987 i 1 n:araKlP, 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. -- - — - - — -- _ - -- i 4.. q i ;t i _ 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. } 5• N va A. Aburto ---_'_=-------_ - dba/Nina=a Clerical__Services--._-_---.----_-_-:- - - - :..:. :' for the City of Kenai KENAI LIBRARY COMMISSION November 3, 1987, 7 t 30 pm Minutes, Regular Meeting Held, Kenai Community Library i 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. I 1_ ROLL L •: i 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 i 6-d Five Year Plan, page 2 be correct to say - -- - for --equipment.'' - - - - — -- - - - - ---- - - -- -- - - - - - - - I--- - - - -- - -- - L L" L i KENAI LIBRARY COMMISSION November 3. 1987 i = ` 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 i 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, _ -- - -- _-- - (-.-- - 114 J l 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. r r'- 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 f r. 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 dba/Niva's Clerical Services for the City of Kenai , ; f 1 , t F+ t �i. u 1 4 _ a, 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 u!, r �F. J 0 s •s7FL• t' ti 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. k I `�i't• �• �✓ Wilma L. Staton, Recording Secretary Niva's Clerical Services for the City of Kenai L '� E -/ I I 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 �1 H 1 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 -----='-----'--- —4' - u a -- - - -- - - - -- -- --- - _Housing. -- - - - -- - �1 I I U17 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 p L 7 ? 1t` i� ` o i a 4i 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. L am - I I n L r� 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 - - -- - L 01 j 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. " i 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. �- r, 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 i t}�MEOW ji A 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 L 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- - - -- - ---- - --- - - - -- `-- — -- ----- i 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 L .1 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--- ---- 9, a F V �, . ).^. 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. - j I-2 Attorney - Atty. Rogers .spoke. -- - - - - -- II' a. He suggested Councilwomen O'Reilly and Swarner I 4 i r,avinm Knnwi v9 PUC and item Info 413. L L i 1 I 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 L .. a 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__ _ _ _-- -. -- ----- - - L 't 1 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 L 6' 'k-JE Id 7.1 1 r , { E -a 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--------`-- -- � ----'- � — -�—_ -- --- ,� `. �— =I 0 , l� ,I. , 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 I 1 I 01 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 L L { 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. 11 L-21 =--=- ---, i 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. - L r L 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 ti y,. r 7 ',i 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 w - 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 '771-74 at, iOCA. .0 jw v 3 25 31 V —s 33 YAM, IV V_ 4064% ct .06: 4 U401K 7 JWW do 13 iii W'24 19 We-Jote* 25 1 3 ',Up ww ul ?OLFIVAJa ul I 63360 I=AMMAT" - - VAL 50 nV KENAI (C-4). ALASKA -OLOMeft SURM Ow ADO 80225, OR WASHINGMM• O.C. 20242 Now mines In Exhibit C a 3 7� 1 L,G*P*Do ` oa�suNOFs»noHeans ' EiIKYIMCO/nnUIIN� aN11111/it: e.orp0 Kdl�� f I FlnrnNdtpnMn:duIINW.TOweMnU.M.O. ' UCqC441101: Fritz fttMohn EppA1W elnetor: Wtllum G IACConM�� � . OIM►CemmllNo AfNnO�n: M.OeFlnoto '�� � , igwenpp �fUIYMocMNt i 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 i 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 L -.. AN ES ti. p 1 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 _ j 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 _... j 7 0 - M '1 L 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- i , 1 i ;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 i;. I '.I r - n i •;r 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 fi .4, 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 7 "stool i 0i [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. - 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. � - .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. 4 L is 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 1 i 0 1 r- r (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. L i 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 A 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. 9 ti L 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 rllL._.... --I - L 0-1 .1.E • � 1i�f 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 .. _ ::..15 d v �z (J 6 ResourceDevelopm eni � uj itji �,Lgg031 for 111 i 10116 laib 2q. kdtall, Iwa:a 115I11111 Alaska, Inc. b 110511, hAm ilaia q IMS - II1n1N11/ Wow THURSDAY PUBLIC FORUMS �% qt• O� ----------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. - • � 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 . ea Ted etw•nWp,n s +,,,,� �'��AA ti: oonYaMq � N�K im" yffio, 1 NJ L I •.i �Yi I -7- IV r-0 - 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 ;.F Y, 1:t 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 vnM,�Y.0 S gna tfte L ^l F W. L_ a - MN *P-)- 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 ! . i ! i f 4 L -- =s CITY OF KAUAI MUNICIPAL CEMETERY GRAVE OPENING ANA CLOSING CHARGES Full-size Grave Infant Cremains 5' x 10' 216' x 5' 2N • x 2H' �I fl•f , !�