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Home My WebLink About1987-03-18 Council PacketKenai City Council Meeting Packet March 18, 1987 F Kam. low. dhp, k I Mo VOCK10 01. CAL 413sm plo -AMOAwe, sAV K"Imwft", ft*)W qmaw, is. owkwwo 119"? !WON, 1,41b MO $20.000 b.'*Wwf", Lob Aohlw 900 ft kMW CDAUK4 "Imm. cm AAK'Af U p 4a _0 7 fv -A aeorqs�- -r-o 1i .4h;AOPM W47ij 'aAh.1,EA)wA11r 7- ral I -i F 10.04)96. SPOMr.4 W55r 7 10 I 7 I. AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 18, 1987 WORK SESSION - 6:00 PM - N. JOHANNSEN, ALASKA DEPT. OF NATURAL RESOURCES PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk M are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these y r VAtems unless a Council member so requests, in r which case the item will be removed from the 't Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSON PRESENT SCHEDULED TO BE HEARD (10 Min.) JXr1K C. PUBLIC EARIN GS 1. Ordinance 1133-86 - Amending Kenai Municipal Code - Townsite Historic Zone ,rOrIA' a. Substitute #1, Ord. 1133-86 t" b. Substitute #2, Ord. 1133-86 .3 Ordinance 1189-87 - Amending Kenai Municipal Code - Landscaping/Site Plan Ordinance a. Substitute Ord. 1189-87 Ordinance 1191-87 - Amending Kenai Municipal / Code - Landscaping Regulations 7 Ordinance 1192-87 - Increasing Rev/Appns - Senior Citizen Project Director Attend Workshop - $1,007 b Resolution 87-11 - Transfer of Funds - Shop - $28,365 D. COMMISSION,COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission 5. Council on Aging 6. Misc Comm/Comm 0 E. MINUTES 1. *Regular Meeting, March 4, 1987 ■ ;" I . F . CORRESPONDENCE 1. *Sen. Murkowski - Yukon -Pacific Pipeline Terminus 2. *Boards & Comm. Chairman Gottehrer - Board of Fisheries Appointments G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified z 2. Requisitions Exceeding $1,000 3. *Ordinance 1194-87 - Amending Kenai Municipal ' Code - Uniform Building Code 4. *Ordinance 1195-87 - Amending Ord. 870-83 and - Providing for Approval of Expenditures for Funds to Perfect Easement - Candlelight Extended 5. Ordinance 1196-87 - Increasing Rev/Appns - ---. -- -- �i� Lobbyist - $20,000 a. Public Hearing - Ord. 1196-87 b. Contract for Lobbyist Services - Ashley Reed 6. *Ordinance 1197-87 - Amending Ord. 1167-87 - Zoning Map - Parsons Homestead #2 7. Discussion - 1987 Lease. -Renegotiations 8. *Games of Chance & Skill - Kenai Peninsula Assoc. Mortgage women I. AD14INISTRATION REPORTS f 1. City Manager ) 2. Attorney 3. Mayor 4. Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT i I i 1 i r r r- COUNCIL MEETING OF i'1"44k- / / COUNCIL MEETING OF _ AuGig iy&y7. - 7 AL J it MEMORANDUM TO: Honorable Mayor, Councilmembers and City Manager City of Kenai FROM: Carmen V. Gintoli '" C DATE: March 18, 1987 RE: Item C-1-B, Ordinance 1133-86 Townsite Historic Zoning District Having a previous commitment to make a presentation to the Borough Solid Waste Commission regarding the Kenai Landfill, I am unable to be with you during the early portion of your meeting. However, I wish to offer a comment on the referenced ordinance and ask that the following amendments be made. 1. Ref: Section 14.20.105(d)(1). Delete the words "log style." Reasoning: There are three (3) log structures in Old Town. The Chamber office, which was relocated to Old Town; the Fort Kenay building, which -was built in 1976; and the Tomrle residence. Certainly these three structures do not represent a particular style of building that should be encouraged in Old Town. 2. Ref: Section 14.20.105(d)(2). Delete the words "buildings with a 'modern design' style of architecture." Since the term "modern design" is so subjective, it would be difficult to define. "Modern design" in the general sense could include exactly the type of building you want to encourage, e.g., the new Nightwatch Restaurant and Lounge, or the current trend towards contemporary editions of the New England or Cape Cod Salt Box. CVG L NUPICE: This opinion is subject to formal correction before publication in the Pacific Reporter. Readers are requested to bring typographicaiior other formal errors to the atten- tion of the Clerk of the Appellate Courts, 303 K Street, An- chorage, Alaska 99501, in order that corrections may be made prior to periwmt publication. THE SUPREME COURT OF THE STATE OF ALASKA ROBERT JACKSON, Appellant, V. KENAI PENINSULA BOROUGH FOR THE USE AND BENEFIT OF THE CITY OF KENAI, Appellee. File No. S-1104 O P I N I O N (No. 3163 - March 6, 19871 �. Appeal from the Superior Court of the State of Alaska Third Judicial District, Kenai, _ Charles K. Cranston, Judge. a. Appearances: Joseph R. Skrha and Linda �' MacLean, Drathman & Mysing, Kenai, for Appel- lant. Timothy J. Rogers, 'City Attorney, Z o - ' 'a Kenai, for Appellee. Before: Rabinowitz, Chief Justice, Burke, x Matthews, Compton and Moore, Justices. 7 " 'L� :z ° °- MOORE, Justice. This appeal poses the question whether a city which has ignored an open violation of a zoning ordinance for 18 years can now enforce it. Robert Jackson operates an automobile repair business in a residential zone in the City L s r If i F .. 1 of Kenai. He argues that the equitable defenses of estoppel and laches should bar the City of Kenai from enforcing the zoning ordinance against him. The trial court granted sum- mary judgment in favor of the city, concluding that 1) while estoppel might be available, the facts of this case fall short of satisfying the necessary elements of that defense, and 2) laches is not available as a defense in zoning cases. Jackson appeals from this grant of summary judgment and the permanent injunction that followed. We affirm. Jackson does not present facts which can sustain estoppel against the city. In addition, we agree with the trial court that laches is not generally available against a city in an action to enforce a zoning ordinance. I. The parties have stipulated to the following four statements of fact: 1. Robert Jackson operates an au- tomobile repair business at the premises more particularly described as Govern- ment Lot 137, Section 34, T6N, R11W, Seward Meridian, Kenai Recording Dis- trict, State of Alaska. i 2. Robert Jackson has operated I the automobile repair business continu- ously at the above location since 1965. 3. Robert Jackson operated the business out of a trailer until 1977 when he built a garage on the above _ -2- E4E:r 3i63 M � '11 •� 1 ® described property and moved the business into the garage. 4. The City of Kenai has never approved a conditional use permit or variance for any automobile repair busi- ness at the above described property for �. Robert Jackson. t The remainder of the facts, viewed in the light most favorable to Jackson'l are gleaned from the affidavits =! of Jackson and Building Inspector Howard Hackney. In 1965, when Jackson's Sales and Service opened, the business of re- ' pairing and selling used cars on the premises violated the i residential zoning requirements. Jackson operated the busi- ness out of a trailer until 1977 when he applied for and re- i r ceived a building permit for the construction of a large ga- rage which he intended to use in the business. The permit i indicated that the garage would be 1008 square feet (28 by 36 feet) and have a total value of $3,500. During the building of the garage, Hackney in- spected the premises and approved the continuation of the i construction. During this inspection, the presence of nu- merous cars, an A -frame for pulling engines, numerous pieces of equipment associated with automobile repair, and other i 1. Williams v. Municipality of Anchorage, 633 P.2d 248, 250 (Alaska 1981). -3- i i 3. 63 L 7 r t tools indicated that the premises were being used as a com- mercial repair and used car lot. The garage was completed in 1977 and by 1978 Jack- son was conducting his business full time. From 1979 until the present he has applied for and received an Alaska busi- ness license, an Alaska motor vehicle dealer registration certificate, and a certificate of authority to collect Kenai Peninsula Borouqh sales tax. The correct address for his business was specified in these applications. For an 18-year period, from 1965 until 1983, Jack- son openly operated his business without any complaints from the city that he was in violation of the zoning ordinance. During this period, local officials,••including mayors, city managers, city council members, building inspectors and zon- ing commission members did business with Jackson's Sales and Service or had actual knowledge of the operation and loca- tion of the business. In 1972 and 1973, various inspectors were on the premises due to the installation of, and eventu- al litigation over, city water and sewer lines. During the mid-701s, the city removed junked cars from the premises un- der the city -sponsored program. In 1979, two years after the garage was constructed, Hackney again visited the prem- ises but did not, despite obvious commercial use, notify Jackson of the zoning violation. Since 1980, Jackson's Sales and Service has been under contract to do repair work -4- M1 31G3 ti. rlw I Q r on vehicles associated with the Kenai Community College. Jackson has never received a complaint from any neighbor about operating the business in this location. In July, 1983, 18 years after the origin of the business and six years after the construction of the garage, Hackney notified Jackson by mail that the business was in violation of the zoning ordinance. This was the first no- tice Jackson received concerning the 18-year zoning viola- tion. The City of Kenai eventually sought an injunction di- recting Jackson to cease and desist operating his automobile repair business. Notwithstanding Jackson's arguments con- cerning estoppel and laches, the trial court granted summary judgment for the city and issued the permanent injunction. If Jackson is forced to move his business, he will incur significant expenses that he believes would cause great hardship and possibly financial ruin. He claims he has invested all of this time, effort and savings into the business and the building. II. A plaintiff's motion for summary judgment must prove not only every element of his cause of action, it must also "expressly disprove every affirmative defense of the answer." Braund, Inc. v. white, 486 P.2d 50, 54-55 n.6 L -5- d r— (Alaska 1971) quoting Zack, A Primer for Summa rX Judgment, 11 W. Los Angeles L.Rev. 1 (1970). Jackson admits that his business violates a valid city zoning ordinance. However, he asserts that the affir- mative defenses of equitable estoppel and laches bar the city's enforcement of the ordinance against him. We must determine if the city has met its burden of showing that these defenses are necessarily unavailable to Jackson. A. Estoppel The trial judge assumed that the availability of estoppel as a defense against a governmental body in a zoning enforcement action had not been decided in Alaska. He then analyzed case law from Connecticut and Washington and concluded that, although the better view allows a party to invoke the defense of estoppel in appropriate cases, this was not one of them. Both parties as well as the trial court failed to realize that this court has held that an estoppel defense is available in zoning actions. Municipality of Anchorage v. Schneider, 685 P.2d 94 (Alaska 1984). See Fields v. Kodiak City Council, 628 P.2d 927, 931 n.3 (Alaska 1981) (dictum). In Schneider, the property owners, pursuant to a settlement agreement with the municipality, obtained a permit to con- struct three additional dwelling units on their lot in Eagle -6- ij I: L u 313 r 0 i A:: River. The municipality then revoked the permit when it discovered that this permit was issued in violation of thn recently changed zoning ordinance. The Schneiders filed a motion in superior court to enforce the settlement agree - Mont. Although construction had not yet begun, the Schneiders had spent approximately $24,000 in reliance on the settlement agreement and the erroneously issued building permit. This court rejected the traditional rule under which the government cannot be estopped and held that the municipality was estopped from revoking the permit. Id. at 98. The Schneider court described four factors that must be considered when a party attempts to invoke an estop- pel defense against a municipality in a zoning case. The general elements of equitable estop- pel are (1) assertion of a position by conduct or word, (2) reasonable reliance thereon, and (3) resulting prejudice. Jamison v. Consolidated Utilities, Inc., 576 P.2d 97, 102 (Alaska 1978). A fourth element, most often explicitly stated in promissory estoppel cases, is that the estoppel will be enforced only to the extent that justice so requires. Glover v. Sager, 667 P.2d 1198, 1202 (Alaska 1983). we believe that this factor should play an important role when considering estoppel against a mu- ' nicipality. 685 P.2d at 97 (footnote omitted). e �633 -7- J 1-0 Examining the present case in light of the four Schneider factors reveals that summary judgment against Jackson on the estoppel defense was proper. The first element of estoppel is the assertion of a position by conduct or word. Jackson claims thaethe fol lowing acts constitute the city's assertion by conduct or word that he relied upon in establishing and expanding his t businesst (1) the city issued him a building permit for a garage which it knew was for commercial use based on its size and on the building ii,spector's actual knowledge of his business; (2) city officials individually patronized his business; (3) the city removed junked cars from his premises; and (4) the city did nothing although it knew of his business operation for 18 years. Allegations relating to actions by the State of Alaska in issuing him business licenses and motor vehicle dealer registration are immaterial, as are those relating to his provision of automobile repair service to the Kenai Community College and collection of sales tax for the Kenai Peninsula Borough. Nothing in the record suggests that these organizations are t. responsible for enforcement of Kenai zoning law. Generally, courts impose estoppel against a gov- ernmental body seeking to enforce a zoning ordinance only upon a showing that the responsible municipal officials un- dertook positive acts which induced the action of the -8- K63 :. .. a r: a y. i L Y. .j �3 -_ - - a'. i t defendant. Welch V. City of Evanston, 409 N.E.2d 450, 456-57 (I11. A pp. 1980) (quoting Gregory v. City of Wheaton, i 178 N.E.2d 358, 361 (111. 1961))= see generaliv 7 P. Rohan, Zoning and Land Use Controls, § 52.08141 at 52-78 (1986); 2 C. Antieau, Municipal Corporation Law, § 16A.09 (1981). An ! "assertion" necessarily implies positive acts rather than mere passive inaction.2 In Schneider, we found that "(tjhe settlement agreement and the resulting permit gave the Schneiders clear._ authorization to take the steps they did. ! 685 P.2d at 98 (emphasis added). The settlement agreement i I and permit expressly authorized the Schneiders to build the i improvements which the municipality later asserted were illegal under the zoning ordinance. 'This was assertion by both word and conduct. Jackson nowhere alleges that the city or its representative expressly authorized his business i operation. In another context, involving estoppe4l. against a private party, we held that a landlord who accepted rent at a low rate pursuant to an old agreement and failed to assert a position consistent with a rent -escalation clause was i t� 2. Assert means "to state or affirm positively, 4 assuredly, plainly, or strongly." Webster's Third New - International Dictionary 131 (1967). i i -9- i i j 2 r- estopped from enforcing the clause. Altrian v. Alaska Truss and Mfg. Co., 677 P.26 1215 1222-23 (Alaska 1983). we decline to apply the Altman definition of "as- sertion" in zoning cases. we believe that estoppel should be invoked against a municipality in a zoning case "only in limited instances and with great caution." Town of Greenwich v. Kristoff, 481 A.2d 77, 81 (Conn. App. 19841. Our emphasis on the "clear authorization" made by city offi- cials in Schneider reflects this belief. A number of sub- stantive policy considerations underlie this rule: (1) the defendant seeking to invoke estoppel is under at least constructive notice of the zoning ordinance he seeks to avoid; (21 the purpose of zoning is to protect the public interest and zoning regulations are drawn by representation of the public will pursuant to the political process; (3) a particular officer or individual city representative lacks authority to waive the public's right to enforce its ordi- nance. See Wieck v. Dist. of Columbia Bd. of Zoning Adjust- ment, 383 A.2d 7, 13 (D.C. App. 1978) (Mack, J., dis- senting); Note, Back to Square One: Estoppel Against the Government A.C.K. Immigration and Naturalization Service v. Miranda, 16 Vanderbilt J. Transnat'l. L. 1053, 1056 (1983). In Utah County v. Young, 615 P.2d 1265 (Utah 1980), the court refused to estop a county from enforcement of its zoning ordinance under circumstances similar to those -10- L C J ---- . - - 1 4�. r? 4 �i j F r in this case. The defendant in Young had been issued a building permit to build a barn on land zoned for agricultural use. Id. at 1265. The building inspector was aware that the plumbing (which included two public bathrooms) and wiring were of the type and quality used for commercial buildings. Id. at 1266. The defendant had communicated to the inspector that the building was to be used commercially. However, neither the county nor its agents had communicated any authorization for its commercial use to the defendant. Id. The Utah Supreme Court held that estoppel could apply if the zoning authority committed "an act or omission upon which the developer could rely in good faith." Id. at 1267. If an act, it must be "clear, definite and affirma- tive . . . ." Id. If an omission, it must be a negligent or culpable omission where the party failing to act was under a duty to act. Id. at 1267-68. The landowner has a duty to inquire with zoning officials regarding uses permitted on his land. Id. at 1268. The court thus upheld the denial of estoppel. Id. In short, the Utah court chose to place on the de- fendant the burden of determining whether a zoning ordinance applied to him in the absence of an affirmative assertion by the zoning authority that it did not. The issuance of a building permit, even though the issuer actually knew of the -11- M 9 L . : , r intended commercial use, was not sufficient to shift to the zoning official the duty of communicating permitted uses. We agree with this approach. A business person in Alaska must bear a number of administrative burdens. He or she must obtain a business license, file and pay appropriate taxes, and obey all relevant laws. The burden of locating the business in an appropriately zoned site must fall on the business person.3_ See also Maloof v. Gwinnett County, 200 S.E.2d 749, 751 (Ga. 1973) . Jackson's building permit authorized construction of a garage, not operation of a business. Jackson did not use his business name on the permit application and was charged at the residential, rather than commercial, permit rate. The garage was eight square feet larger than the maximum permissible "residential" garage. We cannot agree with Jackson's contention that this eight -square -foot 3. In My Sister's Place v. City of Burlington, 433 A.2d 275, 279 (Vt. 1981), the court observed that a city deputy fire warden was charged with a duty to enforce the applicable fire code and with "knowing the law and properly advising the public." It upheld estoppel where the fire warden had been asked how to bring a specific wood frame structure into compliance for restaurant use, had supplied a detailed list of needed improvements, and a building permit was issued, but later refused to approve the restaurant because he had been mistaken as to the applicable law. Id. at 278. The restaurant owners had expressly sought approval for the precise use which was later denied. Jackson, on the other hand, does not allege that he discussed his business with Hackney. -12- R 't�� f 3ILG3 J overage (roughly one-third the area of an office desk) indicates the city's authorization of a commercial garage operation. Except for the affirmative act of issuing him a building permit while knowing of his business, Jackson's al- legations merely restate his assertion that city officials, some of whom were responsible for zoning enforcement, had actual knowledge of his business and took no action. Without more, we find no assertion by word or conduct that Jackson's business was exempt from the city's zoning ordinances. Therefore we need not determine whether his allegations could support findings of reasonable reliance, substantial prejudice and the interest of justice necessary to estop the city. B. Laches The trial court summarily dismissed Jackson's laches argument, concluding "as a matter of law that the eq- uitable doctrine of laches is not a defense to this action to enforce the zoning ordinance." The equitable defense of laches may bar an equita- ble remedy when a plaintiff has neglected to assert a right after a considerable lapse of time and thus has caused undue prejudice to the defendant. Copper River School Dist. v. State, 702 P.2d 625, 629 (Alaska 1985), see also Carlo v. -13- F . Gustafson, 512 F.Supp. 833, 837 (D. Alaska 1981). We have not previously ruled whether laches may apply to bar a local .- . . • r,';yam government from enforcing its zoning regulations by injunc- <, P tion. The vast majority of jurisdictions do not invoke laches to bar a zoning enforcement action. Corvallis Sand & z. Gravel v. Land Board, 439 P.2d 575, 578 (Or. 1968) ; Waller v. Sanchez, 618 S.W.2d 407, 409 (Tex. Civ. App. 1981); City of Yonkers v. Rentways Inc._, 109 N.E.2d 597 (N.Y. 1952); see generally v P. Rohan, Zoning and Land Use Controls, 5 - ;ray r 52.08[41(a) at 52-75.4 But see City of Hancock v. Hueter, 4. 3 A. Rathkopf and D.-..Rathkopf, The F,aw of - Zoning and _Planning 5 45.05 at 45-45 cites the o ow ng - d n -- -a despite long enforcement delays: cases env g Donovan v. City of Santa Monica, 199 P.2d 51 (Cal. App. 1949) (20 years); Appeal of Phillips, 154 A. 238 (Conn. 1931) (50 years); Gregory v. City of Wheaton, 178 N.E.2d 358 (Ill. 1961) (10 years); Building Inspector v. Sanderson, 360 N.E.2d 1051 (Mass. 1977) (four to five years); City of Kansas City V. Wilhoit, 237 S.W.2d 919 (Mo. App. 1951) (25 years); Universal Holding Co. v. Norger Bergen Township, 150 A.2d 44 (N.J. Super. App. Div. 1959) (8 years); Fabini v. Kammerer Realty Co., 175 N.Y.S.2d 964 (N.Y. Sup. 1958) (25 years plus); In re Hepner, 152 N.Y.S.2d 984 (N.Y. Sup 1956) (14 years); City of Yonkers v. Rentways, Inc., 109 N.E.2d 597 (N.Y. 1952) (almost 20 years); Bartlett V. City of Corpus Christi, 359 S.W.2d 122 (Tex. Civ. App. 1962) (8 years); City of Milwaukee v. Leavitt, (Footnote Continued) -14- i. 3163 L i r 325 N.W.2d 591, 593-94 (Mich. App. 1982); Wieck v. nist. of ! 1 Columbia Bd. of Zoning Adjustment, 383 A.2d 7, 11-12 (D.C. App. 1978). All the policy reasons which apply to deny ,. estoppel aqainst a municipality, supra at 10, also apply to laches. Furthermore, because under laches the only fault of - a local Government is its inaction, additional policy 4 i 'J' considerations operate to deny its effect. A city's inactivity is not necessarily wrong; it may be the result of -_- - a reasonable decision to use limited enforcement resources . - for other matters. indeed, a zoning board cannot police i every possible violation. The remedy of nonenforcement of a law is a drastic one for such "fault." Wieck, 383 A.2d at r, T 13 (Mack, J., dissenting). Furthermore, the only "reliance" which a landowner can show under a laches theory is that he YL, F` or she relied upon nonenforcement of a law. Id, at 14 -- -x (Mack, J., dissenting). !a Indeed, all the cases we have found invoking laches against a municipality seeking to enforce zoning or - Al dinances involved third party purchasers of nonconforming property. Hueter, 325 N.W.2d at 592; Wieck, 383 A.2d at 12; (Footnote Continued) 142 N.W.2d 169 (Wis. 19661 (19 years); -"� { Welch v. City of Evanston, 409 N.E.2d 450 (Ill. App. 1980) (52 years; court discussed estoppel). -15- 31' J r i( In Re Heidorn' s Appeal, 195 A.2d 349, 351 (Pa. I963). The Heidorn court stated: while courts are reluctant, and should be, to impose the sanction of laches on -_ governmental divisions, equity cannot close its eyes to the sloth, indiffer- ence or official neglect of a municipal body any more than it can to the neglect of an individual where such neglect ice` harms an innocent person. 195 A.2d at 351 (emphasis added). Jackson is not an } "innocent person" as a third -party purchaser might be in a case such as Heidorn, where nothing put the purchaser on notice that an existing porch roof violated a setback requirement. ;. we have previously considered the application of laches in cases involving the public interest in two situa- tions. In Concerned Citizens of South Kenai Peninsula v. Kenai Peninsula Borough, 527 P.2d 447, 457 (Alaska 1974), we allowed laches as a defense where the tardy plaintiff sought '1 .r. to attack the existence of a public hospital. The important I public interest represented by the hospital was a key factor in the holding. }! ' . In Moore v. State, 553 P.2d 8, 20 (Alaska 1976) , the "public interest" was asserted by a private plaintiff f who challenged issuance of state oil leases on environmental. R grounds. We held that laches would not bar the challenge, - in part because of the public interest. Id. We said - -16- Li 'I n (wjhile we cannot agree with plaintiff's assertion that laches should never be applied when the public interest is at stake, neither do we accept defendant's contention that the public interest sta- tus of a case is irrelevant to whether laches should be applied. Instead, we choose to weigh the importance of the public interests in question, and the difficulties and merits of bringing a case of this type to court, as part of the overall process of balancing the eq- uities of a particular case . . . . Id. at 19. The importance of the public interest in a zoning case may depend to a large extent on the specific zoning or- dinance at issue. Thus, the setback restriction at issue in Heidorn was primarily a matter of esthetics. 195 A.2d at 351-52. The public interest in such a case may be low. The separation of business from residential use at issue here protects residents from essential buz potentially nuisance - producing activities and from population and traffic conges- tion. See D. Mandelker & R. Cunningham, Planning and Con- trol of Land of Land Development, 143-48 (2d ed. 1985). While the record is meager as to any hazards to residential devel- opment from the Jackson car repair and sales business, we do not question that Kenai has a strong and valid interest in enforcing this separation. While we do not state that laches can never be a defense to a zoning enforcement action, we agree that it "should not be permitted to frustrate the enforcement of a L -17- s, `i 1 t �`a2 valid zoning regulation except in the clearest and most com- pelling circumstances." Universal Holding Co. v. North Bergen Township, 150 A.2d at 49. We hold that inaction by zoning officials, even though they have actual knowledge of a violation for 18 years, is insufficient to invoke laches here.5 Viewing the evidence in the light most favorable to Jackson, we conclude that the City of Kenai has met its burden of showing in its motion for summary judgment that the defense of estoppel is inapplicable for Jackson as a matter of law. We also aqree with the trial court in this case that the defense of laches is not available. Accordingly, the trial court's entry of summary judgment is AFFIRMED. J C' • purs:!�:�t to Fir. t _. are co 4;y 6ir-m :t1O0 of ti;%j 1ce ,i.C:'y^- •f 4 5. Delay in enforcement may appropriately be considered in an evaluation of estoppel, under the fourth (interest of justice) part of the Schneider test. 685 P.2d at 97. L -18- 3 -ALV3 1 a. I'', ,/,2, -- I V - • We, the undersigned, being property owners within 1,000 feet hereby agree and consent to the City of Kenai granting to Mr. Jackson a zoning variance or conditional use permit on such property known as Jackson's Sales and Service located at 213 Linwood, Kenai, Alaska 99611 for the purpose of conducting an automobile repair business. NAME ADDRESS IGNATURE 1. Pe) OR s o 6 ke--114 � - - uJ O"j, 3. j Ave. 6. Zh %hLL� 8. 9. t, AIL 10 • 11.E n►�►i��INA f(S 12. �tenc�a-Tha.v►� 5� t I c ' ; (, I �: , .- j •�,�1 " 13.lY/,r'os� �✓ /LZ:_ c ,�,,,: �. 7�_�v i ��•.v�� -1 14. G 15. 1%' T 17 • f /4'Wk D, �jliLsov /v , L .� �• o/� �� is. text 515--3c 19. PL 21. A:A 22.E-.�X 23. .71 ,I -i I r- lb • 24. Jo"Oj4JmcKsb,&v1. 25. 11 1 1 C-1 2 7. V AA W A 40.4 so,*- Aa .3 v Z Aift, )Cx, i,- 28. -4 29. r - - ra (I 30. 31. 32. '33. 411- 340 Ate- -AVI.?% let 35. f. 36. :r114 ri ?A v 370 38. 39. 40. 41 42. 43. 44. 45. 46. 47. 48. 49. 50. �i 1 CITY OF KENAI " Oil Gap" 4 4"„ TELEMNIM-75= MEMORANDUM TO: Councilmembers City of Kenai FROM: J. Ron Sutcliffe, Acting City Attorney City of Kenai DATE: March 12, 1987 RE: Ordinances No. 1133-86, 1195-87, 1189-87, 1191-87 f, Ordinance No. 1195-87 This ordinance amends Ordinance No. 830-83 and allows the Council to direct the Administration to incur the costs of perfecting the easement along Candlelight Drive. Both sides have threatened lawsuits and it would be advisable to proceed with caution. Ordinance No. 1133-86 At the February 18, 1987 Council Meeting, this ordinance was taken off the agenda in order for corrections to be made. The Legal Department's objections were that much of the numbering and layout of the ordinance was improper. The only deletion made was to take out a reference to a Kenai Peninsula Borough Code Section 2176.150 that research indicates does not exist in the Borough Code. All the other revisions to the Townsite Historic Zoning District Ordinance involved rearranging paragraphs and numbering them according to established rules of statutory construction. The Legal Department is making no representation as to the enforceability and/or advisability of this particular ordinance. This ordinance was not sent back to Planning & Zoning because nothing was changed which would require another public hearing. The ordinance is presented herein as an alternate. �m 1 L r: r� Ordinance No. 1189-87 The version of this ordinance presented to Council at the -~, February 18, 1987 meeting had not been reviewed by the Legal Depar+.went and was not in the proper form as required by the v Kenai Municipal Code for amending code provisions. The Legal Department has fixed the errors and presented the new ordinance as a substitute. It has been the Legal Department's opinion that it is not necessary to delete the language "maintain or increase property values," in that we have already given a legal opinion on the ,t matter which clarified the intent. It is also very clear that it well within the City's police powers to maintain or increase - property values. Nonetheless, the Planning & Zoning Commission feels that this has been a source of confusion and desires to delete this language. i Ordinance No. 1191-87 This ordinance results from two ordinances passed some time ago -: (1132 and 1149). As explained in a previous memo, these two ordinances clashed in several aspects. The end result of passing { t the two ordinances was the way they would have to be displayed in t the Code caused conflicts. Accordingly, the Legal Department, through its revisor powers, made as many changes as it could under the provisions of the Kenai Municipal Code. Ordinance No. 1191-87 is the final step needed to reconcile the two ordinances. l • ''�� Upon passage of this ordinance, we will be able to finally put M together an acceptable compilation of these few ordinances and i enter them in the Code. is JRS/clf 2 .i, i- i i g ' µHr G f� I t Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCB NO. 1133-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.145 ENTITLED "TOWNSITE HISTORIC" (TSH) ZONING DISTRICT. WHEREAS, the current zoning within the area described as Kenai Original Townsite currently has varied and conflicting zoning districts; and, WHEREAS, the Kenai city Council has created an old Town Committee to review and make recommendations pertaining to Kenai Original Townsite; and, WHEREAS, the Landscaping/Site Plan Review Board, a representative of the old Town Committee, and the Planning & Zoning Commission have met in several sessions over a period of several months; and, WHEREAS, the Commission has held work sessions and another public hearing on 1/14/87 to determine if this section will meet the needs of the community, and - WHEREAS, as a result of these public meetings the Commission feels the draft "Exhibit A" before the Council and attached to this ordinance, now fulfills the needs of the Board, Commission, Council, and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: The Kenai Municipal Code Title 14 be amended by adding Section 14.20.185 entitled "Encroachment Permits" as defined in the attached "Exhibit A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of February, 1987. ATTEST: Janet Whelan, City Clerk John J. Williams, Mayor First Reading: May 7, 1986 Second Reading: May 21, 1986 Third Reading: June 4, 1986 Fourth Reading: July 16, 1986 Fifth Reading: January 21, 1987 Sixth Reading: February 4, 1987 Effective Date: March 4, 1987 L Exh%l+ *4 Reui 3 d /1007 : 14.20.145 Townsite Historic (TSH) Zoning District (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character. The specific intent in establishing this zone is: (1) To manage all new development and major reconstruction by requiring all applications for a building permit to submit landscaping and site plans to the appropriate body for approval prior to the issuance of the permit. All applicants must meet the criteria of the application process. (a) Landscaping and Site Plan are to be submitted to the Landscaping/Site Plan Review Board for approval (14.25.010 - 070). [(b) THE SITE PLANS ARE TO BE SUBMITTED TO THE SITE PLAN REVIEW BOARD FOR APPROVAL 914.25.010 - 040)] [(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO THE OLD TOWN COMMITTEE JOINTLY-] (2) Guidelines. The following guidelines are intended to provide the applicant with an idea of the general criteria the [OLD TOWNE COMMITTEE] Landscaping/Site Plan Review Board will employ when reviewin proposals for the Townsite Historic (TSH) zoning district. They are designed to preserve the characteristics which typify development in th district and provide the basis for preserving the historical character of the district. - (a) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the Townsite Historic (TSH) zoning district. (b) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features should be avoided when possible. , (c) All existing buildings, structures, and sites should be recognized as products of their own time. Alterations that have no historical basis should be discourage. , except buildings that have functional utilities. (d) Changes which may have taken place in the course of timf are evidence of the history and development of a building, structure, c site, and its environment. These changes may have acquired significan< of their own, which should be recognized and respected. (e) Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure. T] same will hold true on new construction, that is, contemporary design shall not be discouraged if it does not violate the historical characti of the surrounding buildings or of the historic district as a whole. Design proposals for both new construction and alterations to existing structures should be compatible with the size, scale, color, material, and character of the property, the immediate surrounding structures, ai those in the historic district. (3) Review Process: The following procedures are for persons who (. intend to undertake rehabilitation or new construction within the Townsite Historic (TSH) zoning district: p 1 L � J 4 `a " a e ¢ (a) Application is filed with the Planning Department. The landscaping and site plan is filed with the Review Board. 1 (b) The planning department schedules the application for review fI at the following appropriate meeting. (c) The Board approves or disapproves the landscaping plan and site plan and forwards to the [OLD TOWN COMMITTEE] Building Official. (4) The following items are required for major rehabilitation/ i renovation and new construction within the historic district. These shall accompany the application forms and must be submitted to the [PLANNING BOARD AND THE APPROPRIATE COMMITTEES:] Landscaping/Site Plan Review Board. (a) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. i - (b) Current color photographs of the site and of any existing structures representing both the overall condition of the structure and accurately portraying the materials and color shall be submitted._-._- (c) Major modifications requiring a building permit for construction of $10,000 or more shall require the submittal of three Y copies of a landscaping and site plan showing the existing structure and { its relationship to the site and all proposed alterations and additions. These drawings must be to scale. (d) Should any of the reviewing bodies require modification to the t submitted exhibition or additional submittals due to unusual conditions, j then these must be submitted by the applicant as requested by the Board prior to the applicant receiving a building permit. (a) To provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use: [1] encourage foot traffic wherever possible, compatible with historic character; [2] encourage restaurants, gift shops, parks, etc. compatible with historic character; [3] encourage indigenous Kenai Peninsula flora; [4] encourage historic interpretation. (f) Discourage uses which will violate the historic, scenic i quality: [1] no stores or business should involve any kind of industrial manufacture compounding, processing, or treatment of products, except of an artistic nature; [2] discourage more than duplex residences; [3] discourage gas stations, auto repairs, rental storage of any kind, junk, kennels, or similar uses. (5) Development Criteria: (a) Discourage: [1] buildings and building additions that are not compatible in height with adjacent buildings and that violate the existing scale of the district; [2] metal buildings, quonset but style buildings, ; "modern design" style of architecture. (b) Encourage: 2 1 Li j ill wooden structures including log style, soft colored which would enhance the historic character of the or natural sidings district.° y (c) Setbacks shall be as stated under the Urban Residential (RU) criteria including 21.76.150(f)(1), except as to existing buildings. '1 3 Exh:bi+ :b cz t' 14.20.145 Townsite Historical (TSH) Zoning District (a) Intent. The TSH . Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character. The o specific intent in establishing this zone is: (1) To manage all new development and major reconstruction by requiring all applications for a building permit to submit landscaping and r{ site plans to the appropriate bodies for approval prior to the issuance of the permit. All applicants must meet the criteria of the application process. (a) Landscaping and Site Plan are to be submitted to the Land-scaping/Site Review Board for approval (14.25.010 - 070). >• [(b) THE SITE PLANS ARE TO BE SUBMITTED TO THE SITE PLAN REVIEW - --, BOARD FOR APPROVAL (14.30.010 - 040)) :{ [(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO THE OLD TOWN COMMITTEE JOINTLY.) (2) Guidelines. The following guidelines are intended to provide the . :. applicant with an idea of the general criteria the Old Town Committee will employ when reviewing proposals for the Townsite Historical (TSH) zoning district. They are designed to preserve the characteristics which typify development in the district and provide the basis for preserving the historical character of the district. (a) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the Townsite Historical (TSH) zoning district. ;Y! _ (b) The distinguishing original qualities or character of a _ = building, structure. or site in its environment shall not be destroyed. A, The removal or alteration of any historic material or destruction of it architectural features should be avoided when possible. .5, (c) All existing buildings. structures, and sites should be a' recognized as products of their own time. Alterations that have no historical basis should be discouraged., except buildings that have tl functional utilities. (d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site. '.; and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (e) Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do x; not destroy the historical character of the structure. The same will hold true on new construction. that is. contemporary design shall not be discouraged if it does not violate the historical character of the surrounding buildings or of the historic district as a whole. Design proposals for both new construction and alterations to existing structures should be compatible with the size. scale. color. material. and character of the property, the immediate surrounding structures, and those in the historic district. (3) Review Process: The following procedures are for persons who - - intend to undertake rehabilitation on new construction within the Townsite r; Historic (TSH) zoning district. 1 J i t'� (a) Application is filed with the planning department. The site plan is filed with the Review Board. (b) The planning department schedules the application for review at the following appropriate meetings. (c) The boards approve or disapprove the landscaping plan and site plan and forward to the Old Town Committee for action. (4) The following items are required for major rehabilitation/ renovation and new construction within the historic district. These shall accompany the application forms and must be submitted to the planning board and the appropriate committeess (a) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. (b) Current color photographs of the site and and of any existing structures representing both the overall condition of the structure and accurately portraying the materials and color shall be submitted. (c) Major modifications requiring a building permit for construction of $10,000 or more shall require the submittal of three copies of a site plan showing the existing structure and its relationship to the site and all proposed alterations and additions. These drawings must be to scale. (d) Should any of the reviewing bodies require modification to the submitted exhibition or additional submittals due to unusual conditions, then these must be submitted by the applicant as requested by the board prior to the applicant receiving a building permit. (e) To provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use: [1] encourage foot traffic wherever possible, compatible with historic character; [2] encourage restaurants, gift shops, parks, etc. compatible with historic character; [3) encourage indigenous Kenai Peninsula flora; [4] encourage historic interpretation. (f) Discourage uses which will violate the historic, scenic quality: [1) no stores or businesses should involve any kind of industrial manufacture compounding, processing, or treatment of products, except of an artistic nature; r2] discourage more than duplex residences; (3) discourage gas stations, auto repairs, rental storage of any kind, junk, kennels, or similar uses. (5) Development Criteria: (a) Discourage: (1] building and building additions that are not compatible in height with adjacent buildings and that violate the existing scale of the district; 2 � o t, f. i� (2] metal buildings, quonset but style buildings, "modern i design" E style of architecture. (b) Encourages (1] wooden structures including log style, soft colored or natural sidings which would enhance the historic character of the district. (c) Setbacks shall be as stated under the Urban Residential (RU) criteria including 21.76.150(f)(1), except as to existing buildings. i I f i l } �I 1 i i i i 3 - w T V' u� P i cl Vid eapial ej 4"Po' CITY OF KENAI 7 E• MEMORANDUM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialsit SUBJECT: Ordinance 1133-86 Pertaining to a New Townsite Historic (TSH) Zoning District DATE: January 15, 1987 The Planning & Zoning Commission held additional work sessions and public hearings to "clean up" the document to bring it into compliance with KMC14.25. Landscaping ordinance after the addition of the site plan requirements. There has long been a discussion over where the district should lie. The final outcome of the additional work sessions and public hearings is that the line should be extended to Lake Street in order to include the location of the old Harbor View building and open up that area for further controlled mixed development. As evidenced by the articles in the Clarion, the public appears to be happy with the steps taken thus far. r— Substitute 11 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDIMUM ND. 1133-M AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.105 ENTITLED "TOWNSITE HISTORIC" (TSH) ZONING DISTRICT. WHEREAS, the current zoning within the area described as Kenai Original Townsite currently has varied and conflicting zoning districts; and, WHEREAS, the Kenai city Council has created an Old Town Committee to review and make recommendations pertaining to Kenai Original Townsite; and, WHEREAS, the Landscaping/Site Plan Review Board, a representative of the Old Town Committee, and the Planning & Zoning Commission have met in several sessions over a period of several months; and, WHEREAS, the Commission has held work sessions and another public hearing on 1/14/87 to determine if this section will meet the needs of the community, and - WHEREAS, as a result of these public meetings the Commission feels the draft "Exhibit All before the Council and attached to this ordinance, now fulfills the needs of the Board, Commission, Council, and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1• The Kenai Municipal Code Title 14 be amended by adding Section 14.20.105 entitled"Townsite Historic (TSH) Zoning District" as defined in the attached "Exhibit A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of February, 1987. ATTEST: H: Janet Whelan, City Clerk John J. Williams, Mayor First Reading: May 7, 1986 Second Reading: May 21, 1986 Third Reading: June 4, 1986 Fourth Reading: July 16, 1986 Fifth Reading: January 21, 1987 Sixth Reading: February 4, 1987 Effective Date: March 4, 1987 r— %lcvi stA %i�P7 114.20.1451 14.20.105 Townsite Historic (TSH) Zoning District (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character. The Townsite Historic (TSH) zoning district is Map._ The specific intent in zone is: (1) To manage all new development and major reconstruction by requiring all applications for a building permit to submit landscaping and site plans to the appropriate body for approval prior to the issuance of the permit. All applicants must meet the criteria cF the ; application process. (a) Landscaping and Site Plan are to be submitted to the �, • Landscaping/Site Plan Review Board for approval (14.25.010 - 070). ; — [(b) THE SITE PLANS ARE TO BE SUBMITTED TO THE SITE PLAN REVIEW tt BOARD FOR APPROVAL (KMC14.25.010 - 040)] h [(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO - THE OLD TOWNE COMMITTEE JOINTLY.] (2) Guidelines. The following guidelines are intended to provide ' the applicant with an idea of the general criteria the [OLD TOWNE COMMITTEE] Landscaping/Site Plan Review Board will employ when reviewing i proposals for the Townsite Historic (TSH) zoning district. They are designed to preserve the characteristics which typify development in the i th h' i 1 h t district and provide the basis for piesery ng a istor ca c arac er f of the district. (a) All alterations to existing structures should be performed so as to preserve the historical and architectural character _ of the Townsite Historic (TSH) zoning district. , (b) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features should be avoided when possible. (c) All existing buildings, structures, and sites should be recognized as products of their own time. Alterations that have no historical basis should be discourage. , except buildings that have functional utilities. (d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (e) Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure. The same will hold true on new construction, that is, contemporary design shall not be discouraged if it does not violate the historical character of the surrounding buildings or of the historic district as a whole. Design proposals for both new construction and alterations to existing structures should be compatible with the size, scale, color, material, - - and character of the property, the immediate surrounding structures, and those in the historic district. 4. - - - -7, r— CA 1 f. In • f.d W .e a (3) Review Process: The following procedures are for persons who intend to undertake rehabilitation or new construction within the Townsite Historic (TSH) zoning district: (a) Application is filed with the Planning Department. The landscaping and site plan is filed with the Review Board. (b) The planning department schedules the application for review at the following appropriate meeting. (c) The Board approves or disapproves the landscaping plan and site plan and forwards to the [OLD TOWNE COMKITTEE) Building Official. (4) The following items are required for major rehabilitation/ renovation and new construction within the historic district. These shall accompany the application forms and must be submitted to the [PLANNING BOARD AND THE APPROPRIATE COMMITTEES:] Landscaping/Site Plan Review Board. (a) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. (b) Current color photographs of the site and of any existing structures repre•venting both the overall condition of the structure and accurately portraying the materials and color shall be submitted. (c) Major modifications requiring a building permit for construction of $10,000 or more shall require the submittal of three copies of a landscaping and site plan showing the existing structure and its relationship to the site and all proposed alterations and additions. These drawings must be to scale. (d) Should any of the reviewing bodies require modification to the submitted exhibition or additional submittals due to unusual conditions, then these must be submitted by the applicant as requested by the Board prior to the applicant receiving a building permit. (e) To provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use: [1] encourage foot traffic wherever possible, compatible with historic character; [2] encourage restaurants, gift shops, parks, etc. compatible with historic character; [3] encourage indigenous Kenai Peninsula flora; [4] encourage historic interpretation. (f) Discourage uses which will violate the historic, scenic quality: [1] no stores or business should involve any kind of inc.astrial manufacture compounding, processing, or treatment of products, except of an artistic nature; [2] discourage more than duplex residences; [3] discourage gas stations, auto repairs, rental storage of any kind, junk, kennels, or similar uses. (5) Development Criteria: (a) Discourage: [1] buildings and building additions that are not compatible in height with adjacent buildings and that violate the existing scale of the district; [2] metal buildings, quonset but style buildings, (3) Review Process: The following procedures are for persons who intend to undertake rehabilitation or new construction within the Townsite Historic (TSH) zoning district: (a) Application is filed with the Planning Department. The landscaping and site plan is filed with the Review Board. (b) The planning department schedules the application for review at the following appropriate meeting. (c) The Board approves or disapproves the landscaping plan and site plan and forwards to the [OLD TOWNE COMKITTEE) Building Official. (4) The following items are required for major rehabilitation/ renovation and new construction within the historic district. These shall accompany the application forms and must be submitted to the [PLANNING BOARD AND THE APPROPRIATE COMMITTEES:] Landscaping/Site Plan Review Board. (a) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. (b) Current color photographs of the site and of any existing structures repre•venting both the overall condition of the structure and accurately portraying the materials and color shall be submitted. (c) Major modifications requiring a building permit for construction of $10,000 or more shall require the submittal of three copies of a landscaping and site plan showing the existing structure and its relationship to the site and all proposed alterations and additions. These drawings must be to scale. (d) Should any of the reviewing bodies require modification to the submitted exhibition or additional submittals due to unusual conditions, then these must be submitted by the applicant as requested by the Board prior to the applicant receiving a building permit. (e) To provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use: [1] encourage foot traffic wherever possible, compatible with historic character; [2] encourage restaurants, gift shops, parks, etc. compatible with historic character; [3] encourage indigenous Kenai Peninsula flora; [4] encourage historic interpretation. (f) Discourage uses which will violate the historic, scenic quality: [1] no stores or business should involve any kind of inc.astrial manufacture compounding, processing, or treatment of products, except of an artistic nature; [2] discourage more than duplex residences; [3] discourage gas stations, auto repairs, rental storage of any kind, junk, kennels, or similar uses. (5) Development Criteria: (a) Discourage: [1] buildings and building additions that are not compatible in height with adjacent buildings and that violate the existing scale of the district; [2] metal buildings, quonset but style buildings, r t, n.� b_ (b) Encourage: - [1] wooden structures including log style, soft colored or natural sidings which would enhance the historic character of the N district. (c) Setbacks shall be as stated under the Urban Residential (RU) criteria including KPB21.76.150(f)(1), except as to existing buildings. 'p A a a s CITY OF KENAI Oil (?a s l aj 414"a . ; --- Ito �to�t cio �rw, nusw► �ttt t�ohsws•�ass MEMORANDUM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialsit SUBJECT: Ordinance 1133-86 Pertaining to a New Townsite Historic (TSH) Zoning District DATE: January 29, 1987 At the last Council meeting, several suggestions were made to "clean up", the ordinance. Mayor Williams suggested that the numbers be changed from KMC14.20.145 to KMC14.20.105 which would change its placement in the index from the last of the zoning items to fit between residential and commercial classifications. Additionally, that verbiage be added to identify the location of the new zoning district. This is more difficult as there are only two natural boundaries which could describe the location. It cannot be done by plat as not all areas are within definitive plats existing. Therefore, the vebiage added relates only to the Official City of Kenai Zoning Map which will depict the zoning district as shown on the attached map. The other changes are corrections to typing errors which can be done at any time should more become apparent. Sections: 14.20.010 14.20.020 14.20.030 14.20.040 14.20.050 14.20.060 14.20.070 14.20.080 14.20.090 o. 4.20.100 4.20.110 14.20.120 14.20.130 4.2 0.14 0 4.20.150 14.20.151 14.20.152 14.20.153 14.20.154 14.20.155 14.20.156 14.20.157 14.20.158 14.20.160 14.20.170 14.20.180 14.20.190 14.20.200 14.20.210 14.20.220 14.20.221 14.20.230 14.20.240 14.20.250 14.20.260 14.20.270 14.20.280 14.20.290 14.20.300 14.20.310 14.20.320 C 14.20 Chapter 14.20 KENAI ZONING CODE Title. Application of regulations. Establishment of zones and official map. Rules for interpretation. Nonconforming lots, structures, and uses. Zoning of annexed lands. Conservation zone (C zone). Rural residential zones (RR, RR-1 zones). Suburban residential zones (RS, RS-1, RS-2 zones). Urban residential zone (RU zone). Central commercial zone (CC zone). General commercial zone (CG zone). Light industrial zone (IL zone). Heavy industrial zone (IH zone). Conditional uses. Application for conditional use permit for surface extraction of natural resources. Review of application. Public hearing. Issuance of permit. Operation. Yearly review. Termination. Amendment or transfer. Townhouses. Planned unit residential development. Variance permits. Principal structures. Accessory structures. Sight obstruction on corner lots. Signs and advertising devices. Penalties. Home occupations. Mobile homes. Off-street parking and loading requirements. Administration, enforcement, and penalties. Amendment procedures. Public hearings and notifications. Appeals - board of adjustment. Appeal to superior court. Severability. Definitions. Land use table. Development requirement table. -- in 14-15 (City of Kenai C. A90 w 0— 1. \ .......-_- LN J I r. t`:4 SUBSTITUTE NO. 2 Suggested By: Planning & Zoning Commission CITY OF RENAL ORDINANCE 1133-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF RENAI, ALASKA, AMENDING THE RENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.105 ENTITLED "TOWNSITE HISTORIC" (TSH) ZONING DISTRICT. WHEREAS, the current zoning within the area described as Kenai Original Townsite currently has varied and conflicting zoning districts; and, WHEREAS, the Kenai City Council has created an Old Town Committee to review and make recommendations pertaining to Kenai Original Townsite; and, WHEREAS, the Landscaping/Site Plan Review Board, a representative r of the Old Town Committee, and the Planning & Zoning Commission have met in several sessions over a period of several months; and, WHEREAS, as a result of these public meetings, the Commission feels the draft "Exhibit A" before the Council and attached to this ordinance, now fulfills the needs of the Board, Commission, Council and Community. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, as follows: Section 1• The Kenai Municipal Code Title 14 be amended by adding i Section 14.20.105 entitled, "Townsite Historic (TSH) Zoning District" as defined in the attached "Exhibit A." t El L ti � - PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day f of March, 1987. w l u �l i . • JOHN J. WILLIAMS, MAYOR ATTEST: s.. Janet Whelan, City Clerk -- — - First Reading: May 7, 1986 Second Reading: May 21, 1986 Third Reading: June 4, 1986 Fourth Reading: July 16, 1986 Fifth Reading: January 21, 1987 Sixth Reading: March 18, 1987 Effective Date: April 18, 1987 1" i Lj L 14.20.105 Townsite Historic (TSH) Zoning District: (a) } Intent. The TSH Zoning District is intended to provide for a I mixed, controlled use in a desig nated area, which will protect � and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development and reconstruction by requiring all applications for a building permit to submit an application to the appropriate body for approval prior to the { issuance of the permit. All applications must meet the criteria 1 of the application process. W Guidelines. The following guidelines are intended to provide the applicant with an idea of the general criteria the L Landscaping/Site Plan Review Board (Review Board) will employ j when reviewing proposals for construction in the TSH zoning district. They are designed to preserve the characteristics which typify development in the district and provide the basis for preserving the historical character of the district. (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zcning district. (2) The distinguishing original qualities or character '. of a building, structure, or site in its environment shall a not be destroyed. The removal or alteration of any historic material or destruction of architectural features should be avoided when possible. (3) All existing buildings, structures, and sites ,�, should be recognized as products of their own time. Alterations that have no historical basis should be discouraged, except buildings that have functional utilities. (4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (5) Contemporary design for alteration and additions i to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure. The same will hold true on new construction, that is, contemporary design shall not be discouraged if it does not violate the historical character of the surrounding buildings or of the historic district as a whole. Design proposals for both new construction and alterations to existing structures should be compatible with i. the size, scale, color, material, and character of the property, the immediate surrounding structures, and those in i! the historic district. (c) Application. An application for construction in the TSH Zoning District shall be filed with the Planning Department for any rehabilitation/renovation or new construction within the Pe9t1 e� e.:..4d..... Peges - L TSH zoning district, as located within the bounds shown on the city of Kenai Official Zoning Map, which application shall contain: (1) Three copies of the application signed by the - applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. (2) Current color photographs of the site and of any existing structures representing both the overall conditionof the structure and accurately portraying the materials and ' color. (3) Three copies of a landscaping and site plan complying with the development criteria of this chapter and drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. Provided that no landscaping/site plan shall be required:: unless the proposed construction exceeds $10,000 in value. (d) Development Criteria. The development criteria is to , provide for a district in which mixed residential and retail E enterprises co -habit in a desirable and compatible use. All landscaping/site plans and/or proposed construction shall: (1) Encourage, wherever possible and compatible with , historic character of the TSH zone, foot traffic; �! restaurants, gift shops, parks, etc.; indigenous Kenai } Peninsula flora; historic interpretation; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible in height with adjacent buildings or which violate the existing scale of the district; metal buildings; quonset but style buildings; buildings with a "modern design" style of architecture; more than duplex residences; gas stations; auto repair shops; rental storage of any kind; junk; kennels or similar uses. (e) Setbacks. Setbacks within the TSH zone shall be as stated in the KMC Development Requirements Table under the Urban Residential (RU) criteria, except as to existing buildings. (f) Review Process. Upon submittal of an application, the Planning Department shall schedule the application for review by the Landscaping/Site Plan Review Board at the following appropriate meeting. (1) Approval or rejection of the landscaping/site plan shall be based upon the development criteria in subsection(d) above, and all other pertinent provisions of the Kenai Municipal Code. (2) Should the Review Board require modification to the submitted application or additional submittals due to unusual conditions, then the additions shall be submitted by the applicant when requested by the Review Board prior to approval of the application by the Review board.-_ _- (3) Upon approval of the application by the Review Board, the application shall be forwarded to the Building Official. w� • Pegs D......... e.....•.•... pages M r- CITY OF KENAI A 1 MO FMM MM, AL"UA ON11 ' TELEPHONE M - 7M MEMORANDUM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialsit SUBJECT: Ordinance 1133-86 (Substitute) Pertaining to a New Townsite Historic (TSH) Zoning District DATE: March 11, 1987 Mr. Sutcliffe and I have reviewed the ordinance and passed it on to the Planning Commission which met on March loth. The Commission feels very comfortable with the ordinance as it is being presented to you and requests approval. L i ro CITY OF KENAI r „�l G'��idl a j 44� O" rMv . 210RUALM KENAt, AusuA OWS =. TIMMNOHe283•7W r MEMORANDUM TO: Janet Loper, Planning Department City of Kenai FROM: J. Ron Sutcliffe, Acting City Attorney City of Kenai DATE: March 10, 1987 RE: Townsite Historic Zoning District Ordinance 1133-86 Pursuant to Council's request, I have reviewed the Townsite �. Historic Zoning District and put it into appropriate (as near as possible) order. At this time I would ask you to review the ordinance for comments. If you are satisfied with the way it is, -_- it should be submitted for inclusion in the Council's packet for the March 18, 1987 Council Meeting as a substitute to be passed h C 1 t th t t' MY t e ounce a a mee ng. No changes have been made to the wording of the ordinance, except where necessary to clarify an obvious intent. Accordingly, I do not see that it needs to go back to Planning and Zoning. Again, I wish to emphasize that I have reviewed the ordinance and attempted to put it into order as nearly as could be determined from the original document presented to me. I am making no representation as to the enforceability and/or advisability of this particular ordinance. The first time I have seen it was just prior to the last Council meating. Accordingly, I have done the best I can do with it at this point without sending it back to P&Z, something you have informed me, they apparently would. abhor. I have specifically taken out a reference to Kenai Peninsula Borough Code 21.76.150(f)(1) as my research indicates that the ordinance does not exist in the Kenai Peninsula Borough Code. JRS/clf MEMORANDUM TO: Honorable Mayor, Councilmembers and City Manager City of Kenai FROM: Carmen V. Gintoli DATE: March 18, 1987 RE: Item C-1-B, Ordinance 1133-86 Townsite Historic Zoning District Having a previous commitment to make a presentation to the Borough Solid Waste Commission regarding the Kenai Landfill, I am unable to be with you during the early portion of your meeting. However, I wish to offer a comment on the referenced ordinance and ask that the following amendments be made. 1. Ref: Section 14.20.105(d)(1). Delete the words "log style." Reasoning: There are three (3) log structures in Old Town. The Chamber office, which was relocated to Old Town; the Fort Kenay building, which -was built in 1976; and the Tomrle residence. Certainly these three structures do not represent a particular style of building that should be encouraged in Old Town. 2. Ref: Section 14.20.105(d)(2). Delete the words "buildings with a 'modern design' style of architecture." Since the term "modern design" is so subjective, it would be difficult to define. "Modern design" in the general sense could include exactly the type of building you want to encourage, e.g., the new Nightwatch Restaurant and Lounge, or the current trend towards contemporary editions of the New England or Cape Cod Salt Box. CVG .y • g A L L wo c-a Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1189-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 14.25.010 AND 14.25.020 PERTAINING TO THE LANDSCAPING/SITE PLAN ORDINANCE. WHEREAS, during the course of reviewing and attempting to meet the needs of developers, it has been found by the Landscaping/Site Plan Review Board that there is an area of the code that is lacking, and WHEREAS, the Board has worked towards drafting revisions which would clarify the meaning and intent of the ordinance and sent them on to the Planning Commission according to procedures described by the Code, and WHEREAS, the Commission has held work sessions and public hearings to determine if this section will meet the needs of the community, and WHEREAS, as a result of these public meetings the Commission feels the draft before the Council and attached to this ordinance, now fulfills the needs of the Board, Commission and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1• A portion of KMC14.25.010 be amended to read: "The general purpose of landscaping is to visually enhance the city's appearance and reduce erosion and storm runoff. (Ord 1094)" A portion of KMC14.25.020 be amended to read: " 'Commercial development' shall be defined as any improvements requiring a building permit for new construction or any improvements of $10,000 or more located on properties ....." as defined in the attached "Exhibit A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of February, 1987. ATTEST: Janet Whelan, City Clerk o -- John J. Williams, Mayor First Reading: January 21, 1987 Second Reading: February 4, 1987 Effective Date: March 4, 1987 L 71 Cxh, & 14.25-14.25.O35 i Chapter 14.25 LANDSCAPING REGULATIONS Sect ions : 14.25.010 Intent 14.25.020 Application 14.25.030 Landscaping Plan - Submittal Requirements 14.25.035 Landscaping Site Plan 14.25.040 Landscaping Plan - Performance Criteria 14.25.050 Landscaping Review Board 14.25.060 Completion 14.25.080 Expiration 14.25.090 Penalties 14.25.100 Definition - Landscapinq 14.25.010 Intent: It is the intent of this section to provide for landscaping_ and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance. (MAINTAIN OR INCREASE PROPERTY VALUES.1 and reduce erosion and storm runoff. (Ord 1094) 14.25.020 Application: This section shall apply to all commercial and industrial development within the City of Kenai. "Commercial development" shall be defined as any improvements requiring a building permit for newconstruction or any improvements of $1O.0OO or more located on properties within the Central Commercial (CC). General Commercial (CG). Heavy Industrial (IH) and Light Industrial (IL) zoning districts. (Ord 1094) 14.25.030 Landscaping Plan - Submittal Requirements: Three (3) copies of the landscapinq plan shall be submitted for approval to the Planning and Zoning Specialist prior to the issuance of a building permit. One copy of the approved plans shall be returned to the applicant: one copy filed; and the third copy showing action taken. filed with the Buildinq Inspector. The landscapinq plan shall be prepared at a minimum scale of 1"z 201s and shall include the following information: (a) Common and scientific name of the planting materials to be used in the pro iect (b) Typical planting_ details (c) Location of all olantinq areas and relationship to buildings. parkinq areas. and driveways (d) Identification and location of existinq veqetation to be retained , (e) Identification and location of non -living landscaping materials to be used (f) Identification of on -site snow storage areas (g) Drainage patterns L L_ `Y rfi �r. SUBSTITUTE Suggested by: Planning & Zoning Commission CITY OF KENAI a ORDINANCE 1189-87 i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 14.25.010 AND 14.25.020 PERTAINING TO THE LANDSCAPING/SITE PLAN ORDINANCE. WHEREAS, during the course of reviewing and attempting to meet the needs of developers, it has been found by the Landscaping/Site Plan Review Board that there is an area of the i code that is lacking, and, WHEREAS, the Board has worked towards drafting revisions which would clarify the meaning and intent of the ordinance and sent them on to the Planning Commission according to procedures described by the Code, and WHEREAS, the Commission has held work sessions and public hearings to determine if this section will meet the needs of the f community, and WHEREAS, as a result of these public meetings the Commission feels the draft before the Council and attached to this ordinance, now fulfills the needs of the Board, Commission and community. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.25.010 and KMC 14.25.020 be amended as f of lows : 14.25.010 Intent: It is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the City's appearance. [MAINTAIN OR INCREASE PROPERTY VALUES,] and reduce erosion and storm runoff. (Ord 1094) ; 14.25.020 Application: This section shall apply to all commercial and industrial development within the City of Kenai. "Commercial and industrial development" shall be defined as any improvements requiring a building permit for new construction or ' f; ;t 4, �t any improvements of $10,000 or more located on properties within the Central Commercial (CC), General Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL) zoning districts. (Ord 1094) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: January 21, 1987 Second Reading: March 18, 1987 Effective Date: April 1, 1987 01 J L.� Revised Edition as t Suggested By: City Attorney CITY OF KENAI -71 ORDINANCE NO. 1191-87 i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.25 ENTITLED, "LANDSCAPING REGULATIONS." WHEREAS, Ordinances 1132 and 1149 were previously passed by the City Council; and, WHEREAS, when the Municipal Code was being prepared for the addition of these amendments, certain discrepancies appeared; and, WHEREAS, the only manner in which to remedy these discrepancies is to amend the Code. WHEREAS, performance criteria is a desirable addition to the site plan process in order to give prospective contractors adequate guidelines for performance and to express the desires of the Landscaping/Site Plan Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code, Chapter 14.25 entitled, "Landscaping Regulations" be amended as follows: Section 1• 14.25.045 Site Plan - Performance Criteria: a OSj ectives• An effective site Plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention and improvements of buildings, Parking lots, etc. should be considered on the site Plan. (b Buildings: A commercial or industrial use housed in the building is to be compatible with the surround properties, land - use Plan, and not be hazardous to the health, safety, and welfare of citizens. (c) Special Permits: The site plan shall list any sipecial Permits or approvals which may be required for completion of the project. - (d) Parking Lots: Parkins lots referenced on the site plan shall comply ,_,, with KMC 14.20.250. ff ■ I (e) Snow Storage/Removal and Drainage: Snow storage/removal and drainage as referenced on the site plan shall be compatible with- the surrounding area, Section 2: 14.25.050 Landsca in Site Plan Review Boa : (a) Membership, Qua cat ons, Terms, and Rules: The Landscaping/Site Plan Review Board shall consist of not less than five members who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members shall be appointed for a term of three (3) years, excepting the initial members who shall be appointed for a one, two, or three- year term. The Board shall elect a chairman(,] and a vice- chairman[, AND CLERK]. (A MAJORITY OF THE MEMBERSHIP SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF TRANSACTING BUSINESS.] A cuorum. for the Durvoses of transacting business, shall consist of a minimum of two (2) members. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 1987. ATTEST: Janet Whelan, City Clerk (3/11/87) JOHN J. WILLIAMS, MAYOR First Reading: February 18, 1987 Second Reading: March 18, 1987 Effective Date: April 18, 1987 L v C) �J I I� Suggested By: Administration CITY 08 KENAI x ORDINANCE 1192-87 AN ORDIN_=1NCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1986-87 "KENAI SENIOR CITIZENS - TITLE III" BUDGET BY $1,007. WHEREAS, the State of Alaska has awarded the City of Kenai a supplemental training grant in the amount of $906; and, WHEREAS, the City's required in -kind match is $101; and, WHEREAS, the intent in applying for this grant was for the Project Director to attend a workshop in Juneau, Alaska. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA that the following increases in estimated revenues and appropriations be made: Increase Estimated Revenues: State of Alaska Grant $ 906 In -Kind Rent 101 1 007 Increase Appropriations: Access Services: Transportation $ 906 Rent 101 1 007 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 1987. JOHN J. WLLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: March 4, 1987 Second Reading: March 18, 1987 Effective Date: March 18, 1987 Approved by Finance: J (2/27/87) L i i Suggested By: Administration � CITY OF RENAI RESOLUTION 87-11 , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RENAI, ALASRA, THAT tt THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1986-87 GENERAL FUND BUDGET: sj ' FROM Other - Contingency $28,365 ! . E f - a Shop - Operating Supplies $12,000 t � Shop - Repair & Maintenance Supplies 16,365 i 61 This transfer provides additional monies for operation of the City Shop for the balance of the fiscal year. These accounts I were depleted due to extraordinary repairs of vehicles and equipment. day PASSED BY THE COUNCIL OF THE CITY OF RENAI, ALASRA, that 18th -,f of March, 1987. JOHN J. WILLIAMS, MAYOR _ I ATTEST: Janet Whelan, City Clerk Approved by Finance: 4 i! (3/13/87) 1! i 2. FF__:}Y L� r KENAI BEAUTIFICATION COMMITTEE Minutes, Regular Meeting Held, Kenai City Hall, Conference Room Tuesday, February 24, 1987, 1:30 p.m., AST Presiding: Tim Wisniewski Chairman Present Absent Tim Wisniewski Marion Nelson Lil Hakkinen Harry Lewis Glen Jackson Nina Selby Roseanna Shelden P .-.. L In Attendances Kayo McGillivray, Director, Parks & Recreation Janet Loper, Planning Skecialist 1` ROLL Five (5) present and two (2) absent. 2. APPROVAL OF AGENDA Chairman Wisniewski wanted the letter from the Kenai Chamber of Commerce added to the agenda. The agenda was approved with the addition of the letter under new business. Chairman Wisniewski asked Mr. Mark Winston to speak at this time. Mr. Winston was present at the meeting regarding the Airport Triangle Landscaping, however, he wanted to show the committee a plan he had just received in reference to the contest being held regarding the Veterans Memorial. He indicated the contest will continue until March 9th and the Memorial Committee will select five plans to present to the Beautification/Memorial Park Committee. He brought this plan along just to get some input and comparison from the committee. The design was passed to each member to look at and discussion was held. Mr. Winston reported that this was just the first set of plans he had received and wanted to generate questions. Location for the Veterans Memorial was discussed as well as height and determination of park size. J � 1 51 '1 fiit t i 1}. a �gt r KENAI BEAUTIFICATION COMMITTEE February 24, 1987 page -2- 3_ PERSONS PRESENT SCHEDULED TO BE HEARD None. 4. APPROVAL OF MINUTES - February 10, 1987 Minutes approved as presented. 5. OLD BUSINESS n —4 -�r*" ` C , f RY r :r a. Dick Boysen and Mark Winston - Update on Plans for Airport Triangle Project. Mr. Winston presented a letter from the Rotary Club that expressed their continued support and commitment to develope the Airport Triangle Landscaping Project.(letter attached) It was also asked if the committee had any changes. Chairman wisniewski indicated that the only thing he was aware of may be the banners, however, he felt this was not something that affected the Rotary Club's plan for the landscaping project. He also expressed his confidence in the Rotary Club. Chairman Wisniewski asked about the work schedule. Mr. Boysen indicated that work would probably be on weekends. Equipment was discussed. Director McGillivray indicated the schedule would need to be coordinated around the city crews, who work during the week days. Chairman Wisniewski indicated that details could be worked out and the groups could work closely together to coordinate project. b. Purchase of Flowers. Director McGillivray talked with Dan of Trinity Greenhouse. The only problem was with the blue color chosen. He said it looks pretty dull. The other color selections were given and the blue selection was left for Dan's recommendation. Director McGillivray indicated that the "L" shaped planter by the Chamber will be much like it was last year, with a mixture of flowers. Committee Member Shelden asked if variation of colors for circles are all alike or are each two alike. j C j L r KENAI BEAUTIFICATION COMMITTEE February 24, 1987 page -3- Each two would be alike. There would be two with pinks, two with reds and then two with blue and whatever mixture is chosen. 6. NEW BUSINESS a. Suzanne Little/Banners, Ms. Little was not present at the meeting. Specialist Loper presented to the committee several brochures and pamphlets regarding brackets and banners. Placement of banners and brackets Was discussed. Chairman Wisniewski will call and get information on these banners presented to the committee. The committee members felt these were offered at a good price and would like to have the companies send samples if possible. Chairman Wisniewski would like to work on the banner project at the next meeting and hopefully will have some information to offer at that time. b. Kenai Chamber of Commerce letter dated 2/6/87.(attached) The letter was discussed with the committee members. The general consensus was to send a letter to the Kenai Chamber of Commerce and decline their invitation to promote and manage the Landscaping/Christmas Decorating Awards Program and the Annual Clean -Up. Specialist Loper will write a letter to the Chamber and express the committee's regrets. 7. PARKS 5 RECREATION REPORT a, nirector McGillivray reported on the minutes of February loth meeting. The meeting was mainly regarding the budget. Also, the discussion of a volunteer youth basketball program possibly being initiated for the summer - -- and/or winter. Director McGillivray indicated this would be all volunteer help. i i a -�. �i i J Ll r- KENAI BEAUTIFICATION COMMITTEE February 24, 1987 page -4- 8. COMMITTEE COMMENTS & QUESTIONS The absence of Committee Members Marion Nelson and Harry Lewis was discussed. A letter was sent to the Mayor by Specialist Loper indicating Committee Member Nelson had missed in excess of three meetings. The newly appointed Committee Member Lewis has never appeared at the committee meetings. Two new members are needed. City Clerk Janet Whelan has list of people interested. Director McGillivray asked about the banners and how many would be needed. It was indicated that the number of banners at this time is unknown. Specialist Loper indicated that there needs to be a design submitted so banners could be ordered. The brackets were discussed further and placement on poles. Airport Way and Kenai Spur Highway were both discussed as locations for banners. ADJOURNMENT Meeting was adjourned at 3:00 p.m. N va A. Aburto dba/Niva's Clerical Services for the City of Kenai L C 01 0—) N Kenai Chamber of Commerce Box 497 Kenai, Alaska 99611 (907) 283-7989 February 6, 1987 City of Kenai Beautification Committee 210 Fidalgo Street Kenai, Alaska 99611 Dear Honorable Members: On behalf of the Kenai Chamber of Commerce and its membership, we wish to commend you on the beautification program successfully implemented due to your committee's efforts and endeavors. The ,City has never looked better! In addition, we wish to advise that the Kenai Chamber of Commerce will continue its contribution to your program by administering the "litter patrol" during the summer months. We shall again submit a grant application for at least two patrols of.five persons each for the up -coming summer program. Also, as your committee has been so highly successful in its efforts, the Kenai Chamber will no longer have a Beautification Committee and will dis- continue participation in the summer landscaping awards and winter Christmas Decorating programs. However, we shall be very happy to assist you in the promotion of the efforts and will also be glad to continue to receive and pass on names of nominees for consideration. Concerning the Annual Clean -Up Effort, the Chamber will remain as a facility for the distribution of litter bags prior to the event and will work with your committee in any other way deemed neceesary to assist in this worthwhile project. Please advise the committee chairperson's name each year and we shall coordinate our activities with them. Again, thank you for making Kenai a better community in which to live and we look forward to working with the Beautification Committee in the future. Sincerely., / James E. Carter, Sr. President N IR s `T ;s Kenai notary Club P.O. Box U31 Kenai, Alaska 99611 February 23, 1987 City of Kenai. 210 Fidalgo Kenai, Ak. 99611 Att: Beautification Committee Re: Airport Triangle Landscaping Gentlemen: t The Kenai Rotary Club wishes to take this opportunity to let you know that our club continues to be committed to help dev- elop the Airport Triangle Landscaping Project. We presently have a commitment from our members to spend approximately 300 manhours to develop your plan. Additionally Mr. Tom _ Wagoner has topsoil'and native trees available on property adjacent to the site. We are prepared to make our contribution in May or early June as soon as the ground is in condition to do grading. It is possible, depending on your final design, that we could'do some preparitory work'on the railroad ties prior to May. We look forward to assisting you with this project as one of our major community service projects for 1987. Very truly yours, Kenai Rotary Club Nvw—e-' W 1 NSTot'j Mark Winston President L.� ax, Ei AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 4, 1987 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Roll Call 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. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 110 Min.) C. PUBLIC HEARINGS 1. ordinance 1133-86 - Townsite Ordinance a. Substitute Ord. 1133-86 2. ordinance 1185-87 - Amend Kenai Municipal Code - Animal Control Provisions 3. Ordinance 1188-87 - Amend Kenai Municipal Code - Encroachment Permits 4. Ordinance 1189-87 - Amend Kenai Municipal Code - Landscaping/Site Plan 5. Ordinance 1191-87 - Amend Kenai Municipal Code - Landscaping 6. ordinance 1193-87 - Increas. Rev/Appns - Senior Day Care Donations - $998 7. Resolution 87-9 - Transfer of Funds - Additional Money, Legal Consulting Charges - $4,000 8. Resolution 87-10 - Transfer of Funds - Fire Dept. Roof Repair - $3,835 9. Renewal of Liquor License Runway Loinge ii D. COMMISSI%S/COMITTEE REPORTS 1. planning & Zoning 2. Harbor Commission 3. Recreation commission 4. Library Commission 5. Council on Aging E. MINUTES 1. *Regular Meetinq, Feb. 18, 1987 . 1� i t n Y s_ i t •'w g 1. 1} -. V':Ir.liljn">,IL::'__r.b..e: _T'-~�!,•+4��F 1 1 NO F. CORRESPONDENCE :-;5 1. Central Peninsula Mental Health Center - Letter of Support °- 2. *Sen. Murkowski - ANWR Resolution 3. *Boards & Commissions Chairman Gottehrer -Hoard = ;" of Fisheries Recommendation - C. Crabaugh� 4. Southcentral Health & Planning Inc. - Health 90 Y 5. Conference Association for Stranded Rural Alaskans in p ^" Anchorage - Letter of Support G. OLD BUSINESS;, 1. Land Swap - Wm. & Jill Burnett j =5N � H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified,';, 2. Requisitions Exceeding $1.000 *Ordinance 1192-87 - Increasing Rev/Appns - Senior 3. Citizen Training Grant - $1,007 4. Change Order #5 - Kodiak Contractors - Main April 5. Ext. - ($1,440.18) _ Assignment of Lease - D. Diamond to C.R. Baldwin -� 6. GAA Approval - Library Fee Schedule Amendments _- 7. Discussion - Lease Extensions & Renewal I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT P N q 4 ^h' b at 44 KENAI CITY COUNCIL - REGULAR MEETING - MINUTES MARCH 4, 1987 - 700 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL A-1 Agenda Approval a. Mayor Williams asked that items C-3 (Ord. 1188-871 and C-4 (Ord. 1189-871 be deleted per request of Atty. Rogers. b. Mayor Williams noted some mechanical ccrrections were needed on item G-1 (Ord. 1133-86) Councilman Wise asked that item C-1 be deleted till corrections were made. c Mayor Williams asked that item C-9 (Liq'alor License - Runway Lounge) be added to the Corsert Agenda. Councilwoman Bailie asked for an erplanatior of the difference betwesn item C-4 and C-5. Legal. Asst. Sutcliffe explained, C-4 adds words to Section 14.2%; C-5 addresses all corrections made last summer to make them uniform in the Code. d. Mayor Williams asked that item C-5 (Ord. 1191-87) be deleted for amendments. e. Mayor Williams asked that item B-1 (Ashley Reed - Lobbyist) be added. Council approved the agenda as amended. A-2 Consent Agenda MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, to approve the Consent Agenda as amended. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Anhiay Reed - Lobbyist Ashley Feed, Ashley Reed & Assoc., Anchorage. Mr. Reed noted he has one full time person in his office. He is a year-round lobbyist. By hiring a lobbyist, it does not mean all of the city's problems will be solved or that those people that usually go down will not have to go. It is important to have a full time lobbyist. Thing go fast at the end of the session, there is not enough time to call the City. Most of the large municipalities have lobbyists and have for years. Now the smaller ones have also. He does lobbying work in Juneau and Washington, D.C. He represents Alascom, Cook Inlet Region, Duty -Free Shoppers, Alaska Pacific Refining, Cook Inlet Housing, Anchorage Retuse Collectors, North Slop Borough, trade & professional organizations. He has been involved in politics most of his life. He moved to Anchorage five years ago. rouncilman Ackerly asked, how much? Mr. Reed replied, J . a KENAI CITY COUNCIL MARCH 4, 1987 j Page 2 he is not allowed to take contingency. He would be willing to work with Kenai to got his foot in the door. He makes from $20,000 to $100,000. He talked to Mayor Williams at $20,000 for the rest of the session and to the and of the fiscal year. He would include in the s contract $2,000 per month for renewal. The City Should consider hiring on an annual basis. There will be moneys from agencies with grants, budget cycles go from ,,"•• old to new without stopping, it allows the City fathers and lobbyists to know each other better. He would hope to prove his worth in a few years and come back for a higher salary. Councilman Ackerly asked if it made any difference if there is a Democrat or a Republican in - the Governor's office. Mr. Reed replied, he is a Democrat. He has learned if you want to be a lobbyist, you have to work with both sides - he does that. Councilman Ackerly asked, does he think this diminishes his effectiveness? Mr. Reed replied, in Washington D.C. he gets along very well with all of them. You have to work with whoever is there. Mayor Williams noted Mr. Reed has been involved with fund raising - -- activities with both parties. Councilman Ackerly noted he would be representing the City's interests and lobbying with people other than those representing the Peninsula. Mr. Reed replied yes, the Peninsula delegation always tries to be responsible to this district. He would hope he can work with this - _ delegation and contact other legislators to get our voices heard. Councilman Ackerly asked, what if we had - a different viewpoint when he represents more than one client? Mr. Reed replied, if that came up, he would discuss it with the City Manager and work it out. He t is careful to pick his clients, it is important to have a good mix. He represents the North Slope Borough, he thought their interests and the City's would be close. o The only difference would be capital projects. with a good mix, you have the ability to put together a good faction, and you know your voice will be heard. He ri•. added, what goes on in Juneau is not necessarily what you think has happened or what is in the papers. If F; someone is there all the time, there are opportunities ;. that can be seized. it provides a good sense of networking. He encouraged Council to contact his former and current clients. Councilwoman Monfor said she was excited at the prospect. He would be "Johnny -on -the -Spot." we are seeing a financial 5 crisis. we know we have done everything right, we could use this little push. It would be money well spent. Councilwoman Bailie added, we should at least try. She has talked to Homer and Seward, they were enthusiastic. Juneau has two, they are right there, too. Mr. Reed noted Juneau has part time legislators and cannot be there every day. Seward has done very wise well with theirs. Councilman suggested Administration prepare $20,000 appropriating ordinance and Atty. Rogers meet with Mr. Reed to work out a contract-. Councilwoman Monfor added, haste is +'• T important. Council agreed to the suggestion. Mayor Williams asked Mr. Reed to prepare a list of _-- clients and submit it to City Manager Brighton. He ' added, he and Mr. Brighton will be in Juneau next week - and will meet with Mr. Reed there. C. PUBLIC HEARINGS Co C-2 Ord. 1185-87 - Amend. KMC - Animal Control Provisions L I D y .. ^ 1. T.S..`. L KENAI CITY COUNCIL 07 MARCH 4, 1987 Page 3 MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Councilman Ackerly asked if we have to define an unreasonable act. Legal Asst. Sutcliffe replied, he has enforced this in Oregon, the Courts can identify it. Motion passed unanimously by roll call vote. C-6 Ord. 1193-87 - Increas. Rev/Appns - Senior Day Care Donations - $998 MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-7 Res. 87-9 - Transf. of Funds - Addtl. Money, Legal Consulting Charges - $4,000 MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Councilman wise noted this is taken from contingency to legal dept. The action taken before was moving money from legal dept. We are putting more money in legal dept. than is needed. Legal Asst. Sutcliffe explained it is for prospective billings we may be getting back. Councilman wise noted he did not argue the cause, but the statement in the resolution is wrong. Finance Director Brown explained, the money transferred earlier in salaries is no longer available, it went to the Legal Asst. when the Atty. was gone. Councilman wise said that money was to up -grade the position. Hr. Brown explained, it was not awarded. When the ordinance on the acting position was passed, we did not have to have a supplemental ordinance because of what we had done earlier in the year. Motion passed unanimously by roll call vote. C-8 Res. 87-10 - Transf. of Funds - Fire Dept. Roof Repair - $3,835 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman wise asked if there was any other wind damage in the City. Public works Director Kornelis replied, quite a bit in the water 6 sewer dept. because of the power fluctuations. There should be enough in the budget. The furnace in the Rec Center needs work. KENAI CITY COUNCIL MARCH 4, 1987 Page 4 Councilman McComsey asked if we had insurance to cover this. Finance Director Brown replied, $25,000 deductible. Motion passed by unanimous consent. C-9 Renewal of Liquor License - Runway Lounge Appoved by Consent Agenda. D. C014MISSION/COMMITTEE REPORTS D-1 Planning & Zoning None D-2 Harbor Commission Public works Director Kornelis reported they had a work session and reviewed the budget for the boating facility fund. D-3 Recreation Commission None D-4 Library Commission None D-5 Council on Aging Councilwoman Bailie reported their meeting will be March 30. ADDED ITEM: Beautification Committee. Councilwoman Bailie reported the Rotary Club said they will work with the Triangle Park, they had 300 man hours. E. MINUTES E-1 Regular Meeting, Feb. 18, 1987 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Central Penin. Mental Health Center - Letter of Support Councilwoman Bailie noted there is no mention if they are taking a cut. Mayor Williams suggested sending them a standard letter of support, based on present levels. Council agreed to the suggestion. F-2 Sen. Murkowski - ANWR Resolution Approved by Consent Agenda. F-3 Boards & Commissions Chairman Gottehrer - Board of Fisheries Recommendation - C. Crabaugh Mayor Williams noted the Board of Fisheries has completed the appointments, there was no appointmznt from the Peninsula. Councilwoman Monfor noted there is no set nett�tr on the Board. Mayor Williams said t.e - o 4 1 z( KENAI CITY COUNCIL MARCH 4, 1987 Page 5 would bring this to the Governor's attention at the meeting March S. F-4 Southcentral Health i Planning Inc. - Health 90 Conference Councilwoman Monfor suggested the Borough send a representative. council agreed to the suggestion. F-5 Assn. for Stranded Rural Alaskans in Anchorage - Letter of support Council agreed to send a standard letter of support, based on present levels. G. OLD BUSINESS G-1 Land Swap - Wm- h Jill Burnett Mayor Williams reviewed the packet material: 1) There is no lease agreement now in existence with Morgans concerning the additional 40 acres. 2) There is no valid perfected public use agreement presently existing as a result of Ord. 870-83 on behalf of the City or Burnetts. This ordinance only allows Burnetts to proceed with perfection of said right-of-way. 3) The perfected public use easement must be obtained by Burnetts by using the established City Z Borough procedures - including the surveying of proposed easements, platting and presenting to the City 6 Borough for approval, and finally the recording of the approved documents for proper validation or perfection =1 of the easements. 4) No portion of the above action or cost of the same need be borne by the City. 5) And this is his own supposition - At this time the City has no position, and needs to do nothing on behalf of either Morgans or Burnetts. 6) And this is his own supposition - We need only suggest to Burnetts that they perfect the easement as it exists if in fact we do not desire to enter into a land trade agreement with them. Councilwoman Bailie said, in order to perfect the agreement they had, Mrs. Burnett said she had to have an original co,)y of the ordinance, the City said she could not have this. Public works Director Kornelis explained, Mrs. Burnett was trying to record the ordinance. The ordinance allows her to perfect an easement. Public works Dept. handles this by drawing up a legal document, the property owner signs an easement stating conditions, the City records that original document. Legal Asst. Sutcliffe agreed, recording an ordinance would not do this. You need an easement. The ordinance gave her the right to perfect an easement. Councilman Wise noted that does not answer Councilwoman Bailie's question. Why wasn't the original copy of the ordinance provided to Mrs. Burnett? Mayor Williams replied, it does not have to be recorded. Councilman wise said Council wants to know why it wasn't provided for her. Legal Asst. Sutcliffe replied he did not know, but you cannot record an ordinance. Councilman Wise stated anything can be recorded. Mayor Williams replied, many documents are not recordable. He had a talk with Mrs. Burnett and he stands by his statement that the perfected public use easement must be obtained by Mrs. Burnett, with permission of the City granted by Ord. 870-83. She must hire a surveyor, determine the metes 5 bounds, draw the plat, present it to the City & Borough Planning Commissions. Once it is approved and signed, the document is recorded. Councilman Wise In L i. , Inn -i a--- - - - - KENAI CITY COUNCIL MARCH 4, 1989 Page 6 noted Administration refused to provide the ordinance for her to attempt to record. Mrs. Burnett implied she felt this would be the easement. The Recording Office would have told her it was not, but she was stopped by Administration. Had she been permitted to try, it would have become apparent that it's not the way to perfect it, we wouldn't have stalled this Council, and the action would have been in for three years. Mayor Williams replied he found it very unfortunate that the matter wasn't taken care of in a timely manner, he did not know where to place the blame aside from the fact the she should have been advised by someone as to the proper procedures. Jill Burnett, 1304 Kiana Lane, Kenai. Not only was information n-)t given to her, she was given four separate sets of information by Administration on how to get this perfected. 1) Jeff Labahn, Land Manager at the time, said all that was needed was to get approval of the State and Federal agencies. If no land swap was involved - because of it being in parklands - there was no need for survey and no cost. Approval was obtained. 2) After the option to lease with Dick Morgan was made, Atty. Rogers told her to record the ordinance. She was not told to survey and record a plat. She was told that because she had not done that, she had no road and no complaint. 3) On Jan. 25 she received a memo from Public Works Director Kornelis that said she needed a closed loop survey, grant of easement (signed, notarized and recorded). 4) She talked to Mayor Williams, he said it should be surveyed, recorded and platted through the Borough. It has been four years of trying to find out what she was supposed to do, not being allowed to do it, and being put under considerable hardship because it was not permitted or provided. What are the legal requirements? She appreciated the support Council has given her. The community has been aware of the problem because it has been in the papers. They have suffered extreme damages through the four years, and have been put to over $55,000 worth of additional expense due to the mishandling by the City for that period. when they originally got the rights to the road, they were told they would have to up -grade the City road at their own expense for the City to maintain it. It was estimated at around $60,000 at that time. They are now $55,000 and four years later, having missed the real estate market, and still have to improve the road, if they can afford it. Now they are being told they have to do a survey, besides paying for the survey and platting and other documents. So she is submitting to Councilt 1) What is required to get the road perfected? 2) She contacted McLane surveying regarding cost, they estimated $1,200 to do survey, platting, etc. Even though that was not the original intent of Council, she thought that was the least the City could do by way of reparation for all the damage that's been done. Mayor Williams asked Mrs. Burnett to explain the $55,000. Mrs. Burnett replied she did not have the breakdown, but they have had legal fees. If this had not come to resolution, they were ready to sue the City. They `.a':a excess interest and taxes they would not have had to pay had they been able to market their land at the time. They are continuing to make huge payments, now it's not marketable, nothing is moving in real estate. They will be saddled with these payments indefinitely, the interest was unforeseen in gauging the investment to begin with. when you get something like this, that holds you up for four years, not only does it devastate 4*7 .i rT �f F a 7 r KENAI CITY COUNCIL MARCH 4, 1987 Page 7 the profits for your project, but also your personal finances. You have to throw everything away that you've put into it, or carry on till the situation gets resolved. Mayor Williams noted it would appear that it is necessary that a surveyor be hired and the matter be done according to normal procedures. A plat is taken to the City i Borough Planning Commissions, the Borough provides acceptance on receipt of funds and records the plat for her. Mrs. Burnett replied, she would have done this had she been given that set of instructions four years ago. Than she would still have most of the $55,000. She feels at this point the moral justice of the matter demands the least the City could do is care for the expense of getting it platted and recorded. MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, that the City take care of platting and surveying of this matter. Mayor Williams explained, Ord. 870-83 must be rescinded. In rescinding the ordinance we rescind the right to plat that street. A new ordinance will have to be instituted allowing them the right to plat the street and including the costs of that. He asked Legal Asst. Sutcliffe, if we rescinded the ordinance, how does this affect us with Morgans? Legal Asst. Sutcliffe replied, it would not affect us now because he only has an option to lease and he hasn't exercised that yet. He suggested we could just do an agreement with Burnetts. Public Works Director Kornelis explained, originally this was set up as an easement for access to Burnett's property. Now we are talking about public dedicated right-of-way. We can re -plat our land and put a dedicated public road extending Candlelight. Mayor Williams explained the ordinance specifically states we will not bear the cost of surveying, etc. Mrs. Burnett noted the ordinance says, "The City shall not assume responsibility for the up -grading and maintenance of said easement unless authorized by Council, nor cost of perfecting this easement." Mayor Williams noted we have not heard from Morgans regarding the golf course. Admin. Asst. Gerstlauer stated the City has received a letter from Dick Morgan asking to exercise his option. If he does that he will be required to sign the plat. Mayor Williams noted he does not have an option at this time. NOTE: No action taken on the motion. MOTION, Reconsideration: Cosncilman Wise moved, seconded by Councilwoman Bailie, for immediate reconsideration of Ordinance 870-83. Mayor Williams asked Legal Asst. Sutcliffe if the reconsideration would affect the City's position. Mr. Sutcliffe replied, he is not sure how it would affect the lease option that Mr. Morgan has. He would like a chance to review the legal ramifications. He did not know what would happen if this ordinance was rescinded. But given the amount of money involved and the potential amount of money in the golf course, it should not be taken lightly. Mayor Williams asked if the reconsideration takes effect immediately upon the vote. Mr. Sutcliffe replied if they reconsider and took no action, there would be no problem. But if any action was taken, it might affect the lease option. He did KENAI C TY COUNCIL MARCH 1987 Page 8 n ow if it had been reconsidered before. The code provides only one reconsideration. Councilman Wise noted the ordinance was effective Aug. 1983. It established a commitment by council to provide access. That commitment, whether perfected or not, indicates the Burnetts have a basis for legal recourse, not withstanding the lease option to Morgan. The Morgan lease is not germane. This pro -dates Morgan's interest in the golf course. He wanted to delete one minor J phrase which will enable us to move this project forward. it would be the last phrase in the ordinance, "Further, the City shall not assume responsibility for the up -grading and maintenance of said easement unless authorized by the Council, nor cost of perfecting this easement." Councilman Wise explained he would delete the last phrase ("Nor cost of perfecting this easement.") He would suggest the City assist Burnetts in perfecting the easement through financial support. Councilman Ackerly asked Mr. Sutcliffe if this changes his opinion of looking at it longer. Mr. Sutcliffe replied, it does not seem to be a problem, but given the severity of the problem with Morgans, he would like to bring it back to the March 18 meeting. Mayor Williams noted his primary concern is the potential of another lawsuit for the City. Mr. Sutcliffe noted particularly in light of the fact that Mrs. Burnett has said she's been talking to an attorney about the possibility of suing the City. councilwoman Monfor noted the Burnetts were here before we dealt with the Morgans. But Mr. Morgan has stated he does not want a road going through his golf course. How could we not be opening ourselves to a lawsuit? Mayor Williams explained, he only has the first right to refuse an option granted. He does not have the option at this time. Councilwoman Monfor noted he is not here and is not represented. Could that be a concern? Mr. Sutcliffe replied, it could cause a problem. Public Works Director Kornelis noted there will have to be an appropriating ordinance, that would give us enough time for the Attorney to review. Mayor Williams reviewed Atty. Rogers' memo of Jan. 20, 1987. "Thus if prior to the lease there was a valid perfected public use easement established, it is arguable that the lessee FE would take subject to that public use easement." There is an arguable point that Mr. Morgan has been denied the right of original intended lease. Mayor Williams reviewed the legality of the motion to reconsider. He read KMC 1.15.060 (g). Council agreed it was too late to reconsider the ordinance. Councilwoman Monfor noted when the golf course lease was being worked up Mr. Morgan must have known that this potential problem was there and has never been resolved. Council -man Measles asked if the minutes could be reviewed, he thought this was pointed out to Mr. Morgan at one time. Mr. Morgan had said it would not create a problem for him with what he had in mind. MOTION, OUT OF ORDER: Mayor Williams declared, on the basis of KMC 1.15.060 (g), that the motion to reconsider was out of order. NOTE: Action to follow was treated as a motion. Councilman Wise said, rather than a motion, he asked to for Council concurrence to direct Administration prepare an ordinance amending Ord. 870-83 deleting the 1�� j qW KENAI CITY COUNCIL MARCH 4, 1987 Page 9 last phrase, "nor cost of perfecting this easement." Mayor Williams noted the ordinance will not take place for 30 days after public hearing." Also, there is money available to cover the cost of that perfection. Councilwoman Bailie stated she seconded the motion. Mayor Williams noted, in reviewing the clerk's files, there is no evidence of a conversation with Mr. Morgan. He suggested it may have been during a work session when no minutes were taken. Mayor Williams declared unanimous consent to the motion. H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the bills as submitted. Councilwoman Monfor noted the return on investments is not much. She asked if we could invest to make more money as the Permanent Fund does. Finance Director Brown explained, they use the stock market. Councilwoman Monfor asked if we need the money now. Mr. Brown explained, these are short term CD's. Normally with a larger amount, we get 6%. The only way to increase our return is to increase the risk. Council has passed a resolution not to do this. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to approve the requisitions as submitted. Councilwoman Bailie asked about the Kraxburger Drilling bill on the boat facility. Was that a separate contract? Public works Director Kornelis replied yes, they had trouble with the well. They will drill an 8" well that will produce 100 gallons per min. He guarantees we will not pay if it does not produce. Councilwoman Bailie asked if there is a rebate from the original contractor. Mr. Kornelis replied we have been negotiating. He says there is no water there. It will depend on Kraxburger. Public Works Director Kornelis noted the Northwest Mack Inc. bill for the rebuilt engine. This is for a 1972 Mack pumper truck for the Fire Dept. They have a real problem. There will be an ordinance for repairs at the next meeting. This zeros out the account. Mayor Williams noted the shop is way over budget because of major repairs. Mr. Kornelis reviewed the repairs. Councilman Ackerly asked if there was a warranty on the engine. Mr. Kornelis replied it is not available to replace, this is a rebuilt. It is a $175,000 truck, the rest of it is good. Motion passed by unanimous consent. H-3 Ord. 1192-87 - Increas. Rev/Appns - Senior Citizen N 11 s KENAI CITY COUNCIL MARCH 4, 1987 a Page 10 Training chant - $1,007 e' Approved by Consent Agenda. E-4 Change Order A5 - Kodiak Contractors - Main Apron Ext. - (i1,440.18) Councilman Ackerly noted it was initiated Oct. 1986. Why is Council getting it now? FAA should have paido'..- £or this, they said to dig it. Public Works Director is finalizing the change f Kornelis explained, this order. we have had to negotiate with the contractor. Most of the items are communication cables not marked on the drawings. Regarding FAA paying for it, he did not know if they have been billed. The City is responsible to the contractor. We can bill FAA. The reason for the credit is the last item (pavement repair). The pavement was out of specs. There have been claims disallowed. Councilman Ackerly asked, now will we have as-builts on the airport cables? Mr. Kornelis replied, the as -built would show cables we know of. There will probably be others. Councilman Ackerly asked if they could be located with detectors. - - - - Mr. Kornelis replied, some of them. MOTION: Councilman wise moved, seconded by Councilwoman Bailie, to approve the change order. } VOTE (Passed): Yes: Monfor, Bailie, Measles, wiliams, wise, McComsey No: Ackerly H-5 Assign. of Lease - D. Diamond to C.R. Baldwin - GAA MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the assignment, subject to conditions mentioned. Councilman wise asked why the amendment was dated Jan. 1986. Admin. Asst. Gerstlauer explained, when this came to Atty. Rogers, he had questions regarding use. There was a meeting with FAA to discuss it, FAA wanted it used for airport use. They said it would be acceptable, it has been in the Attorney's office since. Mayor Williams noted Legal Asst. Sutcliffe said there is no difficulty with a notary signed one year ago. Motion passed by unanimous consent. t H-6 Approval - Library Fee Schedule Amendments MOTION: Councilman Wise moved, seconded by Councilwoman Monfor, to approve the fee schedule. Motion passed by unanimous consent. H-7 Disc. - Lease Extensions & Renewal Mayor Williams asked if there is any date for the FAA move. Public Works Director Kornelis replied they will be ahead of schedule on construction. But after the work is done, it will be awhile before the electronic KENAI CITY COUNCIL MARCH 4, 1987 i Page 11 - - - .. - gear is in the building. Then they have to operate j - continually with both situations for one year. MOTION Councilman Ackerly moved, seconded by Councilman Wise, ¢ _ that the Concorde and Runway Lounge be granted one year i extensions, with expiration the same. 414 - - MOTION, Additions f Mayor Williams suggested a June 30, 1988 date. MOTION, Addition: j Councilman Wise suggested authorizing Administration to t extend the lease. MOTION, Additions I t'- J.... Legal Asst. Sutcliffe suggested this be conditional on them being current on the rent. Council agreed to the additions. Mayor Williams asked if there was a time period. �. Airport Manager Ernst replied in one year we can decide where they are. we do not know at this time. He talked to them this date, they plan to move in when it i is available. They do not have the equipment yet. I I I ADDED ITEM: j j. Councilwoman Bailie asked if Airport Manager Ernst had heard anything regarding the reconsideration of 1 consolidation. Mr. Ernst replied he has not. Councilwoman Bailie noted they said they were going to r, wait till the end of the year. Mr. Ernst noted he did not see that would affect the Kenai switchover. j Councilwoman Bailie explained, the influx of people t, would be affected if they are not consolidated. Mr. Ernst said he would check again. t f� VOTE: Motion passed by unanimous consent. ' Y' I JACKSON LEASE, CIIAP: ,;. Mayor Williams said, when we create leases, we create the value of the land. Do we want to utilize the land as it is being utilized? He noted the lease expires ! be June 30. Councilman wise suggested no motion made, Mr. Jackson will re -apply when it expires. At that time it will go to P&Z and to Council. Council agreed to the suggestion. I I. ADMINISTRATION REPORTS I-1 City Manager I Acting City Manager Brown spoke. a. The preliminary 87-88 budget was distributed. He _. reviewed the highlights: It is $700,000 less than last year, there are cuts in all departments. They are proposing a 2-1/2 mill rate, less than i :i n it t V - h � A Y COUNCIL 1987 last year. sales tax levy is the same, there is no increase or decrease in staff, there is no reduction in services. i2/3 Million is well within safety range, they are not tapping the fund balance. He will propose budget work sessions at the March 1S meeting. Mayor Williams commended Administration on their work. Regarding item Info 23, Salamatof Seafoods request for fish tax money. Councilwoman Bailie noted Kenai is the only 1st class city in the state that is not its own borough. The State takes 1/2, the Borough takes 1/2. Kenai will will have to divide with the Borough. All others will get their full 50%. They should be aware of that fact. Mayor Williams said City Manager Brighton is going to ask for an amendment to the distribution formula. He added, he will bring it to the Legislature next week. Councilman Ackerly asked, what is the amount of fish tax collected? Finance Director Brown replied, about $150,000. The lst year we would lose $25,000, the 2nd - $25,000, the 3rd - $8,000. Councilman Ackerly asked if the rest of the capital improvements would have to be raised privately. Mr. Brown replied, that is what the City would lose. Some would be State credit and some with their own sources. Tom Reed, Comptroller, Salamatof Seafoods. when he reviewed this, he thought the City had to grant them the funds, but it is voluntary. Salamatof is the only one asking for a grant for this credit. The Code says if a municipality agrees to it. You have to look at the long range implications of what it will do for the community. If every fish processor applied, it would affect the City. Councilman Wise asked if he had applied to the Borough. Mr. Reed replied no, when he files fish tax, he states they are in the City. He was not aware they went to the Borough. Councilman wise said he would be more willing to consider if the Borough would consider. Mayor Williams noted the Borough does not have the same authority to grant that the City does. There is no provision in State Statute to support them, only in organized cities. we could not give Salamatof the money if we wanted to because of time restraints. Mr. Reed noted they were the first to try. They will contact the Legislature and ask them to look at contingencies. There are other canneries. They may petition in the future. Mayor Williams said he will ask Harbor Commission to review. Councilman Ackerly asked that a copy of the information go to the Economic Development Commission. Councilwoman Bailie asked if he could re -apply. Mr. Reed said he will check. No action taken by Council. orney ,e ,or ,or Williams spoke. He nominated Dennis Simmons for Library Commission. Council agreed to the recommendation.,? r 7 COUNCIL 1987 He noted the appointment to the Airport Commission at the Feb. 18 meeting was for Tim Miller, not Timm Martin. There will be a meeting with the local Legislators March 16. There will be a meeting with DNR representative N. Johannsen on March 18. There will be refreshments. He will be going to Juneau March 10 to 13. Councilwoman Bailie noted there are two openings for the Beautification Committee. Mayor Williams explained, Mr. Lewis wants to continue serving, but he will replace Mrs. Nelson. rk :k Whelan spoke. She will be attending the Clerk's Seminar in Anchorage March 23 to 27 and teaching classes in Pre -Clearance and Microfilming of Records. She reminded Council of the Borough Tax meeting March 17. Lic works Director Lic works Director Kornelis spoke. Regarding the grave digging contract (material distributed this date). Mr. Cinereski has agreed to do this for the City at the same cost that we charge. Councilwoman Bailie asked, from now on, no funeral home will have to dig their own grave, they will go through the Clerk? Mr. Kornelis replied yes, the person pays for the plot before the action is done. This can be done by PO. Councilwoman Bailie suggested the City may have to purchase some equipment. Mr. Kornelis replied he will check into this. Regarding the petition from Inlet View residents for street lights. He will put a copy of the reply in the March 18 packet. Regarding water testing. The next scheduled test is in June or July. They will do an additional inorganic (f200+) and gross alpha (i741). Councilman Ackerly asked if he tested at the well. Answer - yes. Do they spot check? Mr. Kornelis replied, every Monday they do testing by a certified lab, Mike Tauriainen is doing this. our water meets all standards. Councilman Ackerly asked about the discoloration in some areas. Mr. Kornelis replied, it is bacterial, not iron. Mayor Williams asked if they would do a turbidity test. Answer - yes. Mayor Williams suggested a spot check on the line to see why we have discoloration in some areas. Mr. Kornelis replied, it is organic coloring out of the well. It will cost $600 per day to test, Council had decided not to. There was a test done by some people here for the oil companies, they determined it was not economically feasible to correct. It is not harmful. Mayor Williams said it is a major concern of the City, is there any way we can remedy it? Mr. Kornelis replied, we could put package plants in each house, this was done in parts of Juneau. It would be cheaper than doing the whole system - that would be close to $2 Million. Councilwoman Bailie said she purchased a filtering and softening system, it did 7 r L not touch it. Mayor Williams said the first concern is to identify it. Councilman Wise noted 1- well 62 has been on line for 10 years. Technology is changing, just because it could not be done t, before does not mean it cannot be done now. He suggested it be tested yearly to see if something can be done. "• d. Regarding item Info 17, water to Eagles' Club. He has not had response from DEC yet. e. Councilman Wise noted we have not changed our water fee schedule for many years. Those on meter are at an advantage over those not metered. He suggested a review of the rates. I-7 Airport Manager Airport Manager Ernst spoke. a. Regarding the airport status report (item I-7). The downturn is an indication of the economy. FAA is being bottlenecked regarding the Master Plan update, float plane basin engineering and lands. - - - - - - b. Regarding the long term tiedown management plan (item Info 24). Councilman Measles noted the instrument approach shutdown will be 60 days, will that be a problem? Mr. Ernst replied no, 60 days is the maximum. They will be stripping the top soil and overburden for fill in the float plane basin safety zone. Councilwoman Monfor asked if we had approved the float plane basin. Answer - yes. Councilman Wise asked, what project are they doing? Mr. Ernst replied, the safety zone in the (' tiedown area, taxi way, approach to runway 1 - they are taking fill from the float plane basin. _ It was always the intent to combine projects to reduce cost. We have not bid for the float plait@ basin, but we are moving ahead with it. We are committed to the engineering of it. Councilman Wise noted the tiedown fee is $40 per month. What is Soldotna? Mr. Ernst replied, $25. Councilman Wise said he did not agree with the $15 difference. Mr. Ernst explained, there are $30 to f 38 fees with private enterprise. we did not want to compete with them. Councilman Wise suggested this be reviewed by the Airport Commission. Mayor Williams agreed with Mr. Ernst and noted the Kenai airport is worth $15 more to park there. Councilwoman Monfor asked, where did we take the fill from for the float plane basin? Is it the part that we own? Mr. Ernst explained, we own it all now. J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Councilwoman Monfor. She noted the High School Academic Declathanon and the girls' basketball team had achieved honors. Mayor Williams said proclamations had been read at Chamber of Commerce. b. Councilman McComsey. There will be a Peninsula Caucus meeting March 7 in Soldotna. He will be unable to attend and asked for a Council representative. C. Councilwoman Bailie. Some of the side streets are icy and could use some sanding. d. Councilwoman Bailie. She suggested minutes be taken of the work session. Clerk Whelan explained, she has been doing that for a year now, KENAI CITY COUNCIL MARCH 4, 1987 Page 15 but the Burnett/Morgan situation was before that time. a.(contd) Councilman Ackerly thanked the City for the proclamations for the school. e. Mayor Williams. He and Councilwoman Bailie will be in Anchorage for Alaska Resource Devel. meetings April 2 through 4. ADJOURNMENTS Meeting adjourned at 10:10 PM. /Janewhe lan City Clerk X J l.� - � 1 1S1 FRANK H. MU�RKOWSKI w•09W Q�it�tbl� �Li�LA Q NICK ►.wuwowft Oil tME�av Iwo K�1R�KM w,n usou�ccs ie> 1:rn •vox. wx 7 comw"a all WASHINGTON. DC ZOa 10 0" 4" o343 wanoM, �� s�CrcawncE annA00"M am as" Affs WX - ; February 25, 1987 p;wo '~' Ms. Janet Whelan z City Clerk City of Kenai >, v. 210 Fidalgo N - - Kenai, Alaska 99611 `1 1 Dear Janet: ` r �. f. Thank you for sending me a copy of the City of Kenai's resolution supporting Cook Inlet as the terminus of the Yukon- Pacific natural gas pipeline. I'm sure that the builders of the proposed pipeline, the Yukon -Pacific Corporation, appreciate your input. Since this project will be a private venture, the decision for the routing of the pipeline will be based primarily on economic criteria. As I understand, at this time no decision has been made on }` this issue. If the congressional delegation plays any role in sh determining the route of the proposed pipeline, be assured that I will keep your views in mind. Again, I appreciate your contacting me on this matter. F, With best wishes, incerely, Frank H. Aurkowski. '3 United States Senator ft: is [ L GOVERNOR tw S TAT E O F ALAS SA O«ICE Of THE GOVERNOR JUNDAU February 27, 1987 � J �N The Honorable John J. Williams ti Mayor City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: Governor Steve Cowper has selected Mike Haggren of Kodiak, Gary Slaven of Petersburg, and Joe Demmert of Ketchikan to serve on the Board of Fisheries. The Governor wanted me to inform you personally of his decision. Many outstanding candidates qualified for this position, making this a difficult decision. The Governor appreciates your comments and recommendations and thanks you for your interest. Sincerely, '&& ��e % Sheila K. Gottehre; Director Boards and Commissions r-- r s S i AVm J. Nelson & 215 FIDALGO. SLATE 204 March 17. 1987 KENAI, ALASKA 99811 CONSULTING ENGNEERS STRUCTURAL / CIVIL / PLANNING 1907J e63-3893 H• f o Keith Kornelis ' J •. Director of Public Works�$.� City of Kenai M`: .� 210 Fidalgo Street V: Kenai, AK 99611 = '' Re: KENAI BOATING FACILITY - Certificate for Payment No. 5 Dear Mr. Kornelis: I have reconsidered my March 13th recommendation regarding Certi ficate for Payment No. 5. I am now revising my recommendation t include payment for 83 hours to "Develope and Test Well" alon with the other items already listed on the Certificate. Upon re-evaluation I cannot offer the opinion that the drillin record for the second well offers sufficient irrefutable evidenc that the original well was improperly drilled and developed b the Contractor as would be necessary to warrant withholding payment. Therefore, I have no choice but to recommend payment t "Develope and Test Well" in the amount of 83 hours as requeste by the Contractor in his letter (attached) dated March 16, 1987. Prior to payment you may want to consider that there appear to b some indications that the work does not conform to the Contrac Documents or to 'general industry standards'. Verification whether or not the work is in conformance would require furth investigation including but not limited to: 1. Inspection of the well with a "down hole" video camera. 2. Extraction of the existing well screen. 3. Down hole soil sampling. 4. Pull back of casing. 5. Sealing off the artesian aquifier and perforation of t casing to tap upper aquifiers. 6. Preparation of a work plan for the above and negotiati with various contractors to do the work. 7. Preparation of an Engineers Report on the above. S. Evaluation of results of investigation by legal counsel. h y 9 y of o d i e t of er Ij i �I 14; e }' on I i J L.� ..r, L' 0 Keith Kornelis March 17, 1987 - Page 2 Execution of the above may or may not provide necessary inform- ation to warrant withholding payment. Should you decide to pursue the additional investigation, we would be pleased to provide management services as an additional service under our existing contract. In consideration of the length of time that we have been trying to resolve this issue with the Contractor, I suggest that this revision to Certificate for Payment No. 5 be presented to the City Council during their March 18, 1987 meeting prior to their taking action on the Certificate as originally submitted. I will -- be prsent at the meeting to answer nuestions. Sincerely, Wm. J. Nelson & Associates Wm. Nelson, P. E. r Principal WJN: bsg IN I yS WESTERN MARINE CONSTRUCTION INC. 7760 - 8th AVENUE SOUTH SEATTLE, WASHINGTON 98108 (206) 762-3260 William J. Nelson & Associates Consulting Engineers 215 Fidalgo, Suite 204 Kenai, AK. 99611 Dear Bill: March 16, 1987 Subject: Kenai Boating Facility Pay Estimate #5 At your meeting on February 27, 1987 with Jim Olson, Stan Boice and Bill Poppie, you agreed to include in subject Pay Estimate payment for an adjusted total of 83 hours Development Time and 80q of Completion of Well ($2,080.00) for the grout sealing and casing removal. We have talked to Pioneer Drilling, and do at this time agree to the above adjustment. We respectfully request that you release the above Pay Estimate without further delay. Sincerely, WESTERNrINE CONST.,IN . J Wi liam A. Kerzie Secretary -Treasurer Express Mail B81389260 i I Contractor Registration Numbers Alaska: AA-(H)IF) Watihinytnn. 1,VCtifC1Nt('IQOI A L r i v I co I n �r ---771 ,. ' Y Y , as N M K K Np � N O .4 1 In I'- COMtnO 10 40 S Sn - .. S S S S J J N N CO N O 01 a N O P N 0 m m N f" O QQ a p t n O N CCCOCp m 07 n n In to en O n m v N . r1 "1 r1 N Y\ .-� O m Y1 co 95 am go d.i M 1+ G a pp �p op pp V p F H F H u u M u Y Y Y Y Y M ami u u y m m mmmmmmmm d d d C/ d d Y a m q .. t0. m m m to 7 7 u N N m m R c e a E. gm a 44) 4) L 6� "�'� � m C C M M m W W m • � m m m m m m a m W 4 u O � C t0 m 4 4 pmppp N m m d G/ d C� Q< 6 N m a m NC m C3 G pm„ tYQ.fYs. fu. 1Y+ F F A P -0-0O'a u S. F .. Oyy. OP. L 0. ycy yp1. .a G Ca .+ s. 4 H O y V U w� z u u x �Q I o w y w 4 6 > > V V m m m m m M M N ti m m m to m V m 9 9 > t:! 0 G1 a1 d Q� W d 0 d V N N M u M 4 L M 1. 7 N 6 t/t d u 01 u 01 u a u 7 1m. 7 V d d d d W Y N Y FA H Y ty to t7 to Y u V1 Vl V1 V1 m V) m Vl a y u m Y m u m Y H N Z Y Y Y Y Y Y J Y d q T u a0 Z A AyAyAAy AA A 0 T uN-t in GAt7 1a A A. i u Y Y Y a*`q Q tOQ cq �+ V a R 0co co 0 cc m. CO+Ota aPT A41 d M gm V w tTy +qi p. Y. Q P. t7 h m 0. m A. "f m "f O`O .-1 .-1 .r .-t - .--1 - .-1 w tL H F .0 V u .+ m O L A O v ,i t-ai y w G C ++ m m C 19 L O O tE m m ai to V V R1 H O 4 U .Wi „dj Haa w w m 7 V O 6 d uto M $ x w w U ty .a O U C PdG Od. w O .-t z Y Z C a Ip H N x O d pp m ra m O 4 u C N 4 u q O adi ..mi a q 6i 8 u q X O m u a W al .i Z W M003 U 8 '��' � a r— C-4 10 - - ; 's$ ca a co I- I co 14 96 $4 CL CD 94 m tn 00 Tq ti C60 lz: e F& r: i' i i H- .3 Suggested By: Building Inspector CITY OF KENAI ORDINANCE NO. 1194-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 4.05, "UNIFORM BUILDING CODES," BY ADDING SECTION 4.05.140. WHEREAS, there was a large amount of damage to asphalt shingled roots during the recent wind storm; and, WHEREAS, weather conditions on the Kenai Peninsula may vary considerably from those contemplated by the Uniform Building Code; and, WHEREAS, other Alaska communities have found it necessary to require roof fastening requirements more stringent than those existing in the Uniform Building Codes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code Section 4.05 be amended with the addition of Section 4.05.140 entitled, "Asphalt Shingles" as follows: the following: m to Asphalt Shingles and substituting the following: Z 7. Asphalt Shingles 4:123 One Type 15 felt applied 6 per 36 inch strip • 12 3/8 per Section 3203(d)3A 2 per 18 inch shingle PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of April, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: March 18, 1987 Second Reading: April 1, 1987 Effective Date: May 1, 1987 (3/11/87) C ?ft _4" KENAI GOLF COURSE P.o. eox 2sq, xxxAi. ALAsxA esei i MAR 1987 Imc - , -J w effy ADMl� j_ COY of KeNIA CITY COUNCIL City of Kenai 210 Fidalgo Street Kenai, Alaska, 99611 Honorable Council Members: 14arch 13, 1987 It has come to my attention (through an article in the "Peninsula Clarion") that you have "directed the city to draft an ordinance which would reiterate the 1983 decision to give" a road easement across the second nine holes of our public golf course. I find it very difficult to believe that you are seriously considering taking an action so detri- mental to the best interests of the City of Kenai. As you are well aware, I have a lease with an option for the land in question (free of any such easements) -for the construction of the second nine holes of our public golf course. I have requested an exercise of that option to commence construction this summer. I have completed the first nine holes with adjacent parking at a considerable personal ex- pense. I need the second nine holes to make my project financially Feasible. The land to be served by this prospective easement was homesteaded by a woman - Helen Jones - who served on the first council of the City of Kenai with myself and others. Helen knew, when she put the road across lands that were reserved, at that time, for recreational and public pur- poses that she had no legal right to do so. She felt that she would be able to prove up on her homestead before anything came of it and eventually the homesite land north of it would become settled and she could construct a road along the section line to access her property. This has happened but unfortunately Helen passed away. I would assume that the homestead went in- to her estate and either Doug, her son, or Carol, her daughter, sold it to the present owners for a small but reasonable amount. Doug, Carol, or the present owners may or may not have bsen aware of the status of access. The present owners employed a local firm to survey the property and then ap- proached the council who apparently passed an ordinance allowing right of way across Government Lot 3 at no cost to the City. The present owners did not record the action and I was completely unaware of the ordinance In 0 "1 -2- when I approached the city about a year later with my proposal to construct an eighteen hole public golf course. I wa never told about the ordinance until I had completed the first nine anddy to exercise my option for the second nine holes. The street department of the city was very concerned at the loss of the sand pit because of the financial impact on street construction and air- port sanding maintenance. Sand pit excavation, however, had far exceeded the cadastral limits of the area involved and infringed on lands that are legally restricted to recreation purposes. As chairman of the City of Kenai Incorporation Committee, the origi- nal chairman of the Parks and Recreation Commission, a three term member of the City Council, and a past -president of the Kenai Chamber of Commerce, 1-have a strong moral commitment to the city of Kenai, its parks and recre- ational facilities and the commercial improvements of the city. By con- structing an eighteen hole regulation golf course, I feel I am accomplish- ing several purposes as follows: L 1. The golf course provides healthy recreational activities to the people of Kenai from junior high age through senior citizenship at a very reasonable price. 2. The golf course construction reclains. land dd4poiied by -the sand pit at no cost to the city. 3. The golf course construction satisfies the requirement of the city s commitment to the Federal Government and relieves the city of its precarious legal position with that entity. (Sooner or later the piper must be paid.) 4. The sale of the building lots reserved to the city (instead of the developer as is normal in golf course construction) should provide enough money to pay for road and utilities construction resultant to the operation and also provide money for the city's "permanent fund" to alleviate future taxes. 5. The eighteen hole golf course will be beneficial to the local economy by bringing in golfers from Anchorage and surrounding areas. 6. The golf course will serve as one more enticement to industry to locate in our community. 7. There is no way the city can lose on this venture. Everything I build is turned back to the city, free of charge, when the lease term expires. 8. With proper management, I should accomplish my purposes and, hopefully make a long term profit. i E-1. 1. - r With the above aims in mind, I was aghast when approached about a roadway through the course. There is no regulation golf course in the United States with a street running through it. In situations, similar at all, tunnels or overpasses are provided for access only under road- ways. Area limitations make this roadway a physical impossibility in- sofar as lease compliance by myself is concerned. f I I have no problem whatsoever with the present owners of the Jones' i homestead approaching the city and asking for special interest consider- ation. People always do that to public bodies of government. Sometimes, when those public bodies do not listen to their own administrators, it works. I do not believe that I was intentionally deceived by the city. I prefer to look at the situation as an oversight. The logical solution to the problem is to exchange equal value lots along Lawton Drive for the Jones Homestead lands, (of course, the pro- posed ordinance undercuts that effort.) Since the city has "goofed" and continues to make matters worse by its present actions, you will probably ; have to be lenient insofar as equal value is concerned. Lawsuits also cost money. You must remember, however, that the failure to record the easement is the major cause of this predicament. Your basic consideration as a councilperson at this time is to de- termine whether it is better for the city to have a regulation eighteen hole golf course or to subsidize a private subdivision. If the city wants to break our lease and operate a nine hole course then I shall expect reasonable reimbursement for my costs, time and finan- cial losses to date. ! If I can be of any assistance, I shall do whatever I can to allevi- ate your problem, but I cannot fulfill my obligation with a road across the property and I need an eighteen hole course to provide the eventual profit on my investment. I urge you to vote against the introduction of any ordinance adversely affecting or breaking my lease and request that I be notified in the event that any such ordinance is successfully introduced. Very truly yours, IRRichard I. hbrgan, L e cc: Lloyd Dyer Bill Brighton, City Manager Rick Baldwin, Attorney a Ordinance No. 1189-87 The version of this ordinance presented to Council at the February 18, 1987 meeting had not been reviewed by the Legal Department and was not in the proper form as required by the Kenai Municipal Code for amending code provisions. The Legal Department has fixed the errors and presented the new ordinance as a substitute. It has been the Legal Department's opinion that it is not necessary to delete the language "maintain or increase property values," in that we have already given a legal opinion on the matter which clarified the intent. It is also very clear that it well within the City's police powers to maintain or increase property values. Nonetheless, the Planning & Zoning Commission feels that this has been a source of confusion and desires to delete this language. This ordinance results from two ordinances passed some time ago (1132 and 1149). As explained in a previous memo, these two ordinances clashed in several aspects. The end result of passing the two ordinances was the way they would have to be displayed in the Code caused conflicts. Accordingly, the Legal Department, through its revisor powers, made as many changes as it could under the provisions of the Kenai Municipal Code. Ordinance No. 1191-87 is the final step needed to reconcile the two ordinances. Upon passage of this ordinance, we will be able to finally put together an acceptable compilation of these few ordinances and enter them in the Code. JRS/clf N i 2 .; -�7 4 i; t-4 ! i y�rrl CITY OF KENAI ,•Oil Capd l aj 4Z"e #r 210 mum KE N, am" mil T9LOMMM-NU MEMORANDUM TO: Councilmembers City of Kenai FROM: J. Ron Sutcliffe, Acting City Attorney City of Kenai DATE: March 12, 1987 RE: Ordinances No. 1133-86, 1195-87, 1189-87, 1191-87 Ordinance No. 1195-87 This ordinance amends Ordinance No. 830-83 and allows the Council to direct the Administration to incur the costs of perfecting the easement along Candlelight Drive. Both sides have threatened lawsuits and it would be advisable to proceed with caution. ordinance No. 1133-86 At the February 18, 1987 Council Meeting, this ordinance was taken off the agenda in order for corrections to be made. The Legal Department's objections were that much of the numbering and layout of the ordinance was improper. The only deletion made was to take out a reference to a Kenai Peninsula Borough Code Section 2176.150 that research indicates does not exist in the Borough Code. All the other revisions to the Townsite Historic Zoning District Ordinance involved rearranging paragraphs and numbering them according to established rules of statutory construction. The Legal Department is making no representation as to the enforceability and/or advisability of this particular ordinance. This ordinance was not sent back to Planning & Zoning because nothing was changed which would require another public hearing. The ordinance is presented herein as an alternate. 1 Is M Low 0 r— /_/-y Requested by: City Council CITY OF KENAI ORDINANCE N0. 1195-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE 870-83 AND PROVIDING FOR COUNCIL APPROVAL OF EXPENDITURES FOR FUNDS TO PERFECT AN EASEMENT ALONG CANDLELIGHT EXTENSION THROUGH CITY -OWNED PROPERTY. WHEREAS, the City received a request for a grant of access and maintenance along Candlelight Drive and in response passed Ordinance 870-83 allowing for establishment of a public use easement, and WHEREAS, Ordinance 870-83 provides that the City is not to incur the costs of perfecting the easement, and WHEREAS, the easement has not been perfected to date and the Council desires to pay for the costs of perfecting the easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Ordinance 870-83 attached hereto shall be amended by deleting the words ", nor costs of perfecting this easement" from the last sentence of Ordinance 870-83 and by adding the following: "The Council may authorize the administration to pay for the costs of perfecting the easement, which costs shall be limited to surveying, platting and recording of documents necessary to perfect the easement." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of April, 1987. ATTEST: Janet Whelan, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: March 18, 1987 Second Reading: April 1, 1987 Effective Date: May 1, 1987 L.� q a Y . . A% '..rggwglwrl hy$ Adointfit ratl.n. lily II{ K1NAt ORDINANCE NO. R10-11) Aii ORniNAtict U1 IHI CUUItCIt ill till l:I IT III III 14A1, At ASKA, tS1AHlISHING A pilot it: Itbl 1AMIII Nt ALM CANDIIIlti111 DRI91 laitNS1UN THROUGH CIIV.1111N1D IANUS. WHIRIAS, the City haw received a rogue*t far s grant of Seems* *04 maintenance sinnq Candlelight Drive fatutalan through City -owned park end to.•reat ino lends described as GoMnownt Lot 1. Section 1. ISN. Ri1K. SM, mad WHEREAS. Candlelight Drive fxtsnolsn 1* an existing roadway of one -quartet mile In length. 10 net ronottorted to City eparlfirstlone and reeolvee minimal City mtintenencm, and WHEREAS. sold roadway provides the physical, but not legal across• to the adJarent Bo sets tract to the south, and WHEREAS, the Kenai Advisory /isnninq A lonlr.q Comsl*alarl fscas- *ended that a public uaa easement he grmnto4 slang Candlelight Drive Intended at their meeting of Msy 2S9 1981, and WHEREAS. an appropriate aaoesent width of Sixty pest would seecoso4sto the Sxlotlr.q roadway me well so prsaent •ildFfulore utllily construction. and WHEREAS. Kenai Municipal Code Sections 22.0$.010, 22.01).020, and 22.05.00 legit►t• that a public use aseament be established by the City Council by ordinance. NOw, THEREFORE. RE if ORDAINED BY THE COUNCIL Of THE City OF KENAI, ALASKA that • slaty runt public use wasoment be es- tablished slang Candial►ght Drive fatenolon through City -owned lands described as Goyetnment Lot I Section 1. T N, 111111, S.M.. Subject to I)MISslon from Sliptopt► As federal agencies. furthermore, the City •hall not 06OUNO I'SapO"Itillity for the Upgrading and maintanonce of sold movement unless suthotlred by Counclir nos costs of perfecting this easement - PASSED BY THE COUNCIL Of In City z Al, ALASKA. this 17th day of August, 198). i +�� ATIESii i at • en, City riork /list loading# Jun • 1. 1983 1961 Ssrund Hosdingi August 11, fffeetive Dote# September 110 1981 r J r— W Suggested By: CITY OF KENAI ORDINANCE NO. 1196-87 City Council R - .; AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE 1986-87 GENERAL FUND BUDGET TO HIRE A LOBBYIST. WHEREAS, the Kenai City Council desires to employ a lobbyist to represent the City before the State and Federal Legislatures; and, WHEREAS, the cost of employing a lobbyist from this date to June 30, 1987 is expected to be $20,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: - Appropriations of Fund Balance Increase Appropriations: Legislative - Professional Services $20,000 $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 1987. ATTEST: Janet Whelan, City Clerk Approved by Finance: eti (3/11/87) L JOHN J. WILLIAMS, MAYOR First Reading: March 18, 1987 Second Reading: March 18, 1987 Effective Date: March 18, 1987 0 CONTRACT FOR LOBBYIST SERVICES ASHLEY REED & ASSOCIATES, INC. 880 "H" STREET, SUITE 204 ANCHORAGE, ALASKA 99501 AND CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 THIS AGREEMENT, made and effective the 19th day of March, 1987, by and between ASHLEY REED & ASSOCIATES, INC. (hereinafter referred to as "CONSULTANT") and the CITY OF KENAI (hereinafter referred to as "CITY"). RECITALS A. CONSULTANT offers expertise and knowledge in the area of legislative and government relations; and, B. CONSULTANT desires to accept an engagement relative thereto from CITY upon the terms and conditions hereinafter set forth; and, C. CITY desires to employ a full-time lobbyist on behalf of the CITY. NOW THEREFORE, in consideration of the recitals, promises and covenants contained herein, it is agreed by and between the parties as follows: L 1 L k • 7 _ k 0 ti 7,7_7-6' n i 1. Duties and Term. CONSULTANT will provide legislative/administrative monitoring and lobbying services for CITY on matters and issues affecting local government, acting as an independent contractor and not as an employee, in accordance with such instructions as may from time to time and at any time be given by the CITY, by and through its City Manager, commencing on March 19, 1987 and continuing through June 30, 1987. 2. Compensation. CITY shall remunerate consultant for services in the sum of EIGHTEEN THOUSAND DOLLARS ($18,000) payable in the amount of EIGHT THOUSAND DOLLARS ($8,000) on the 30th day of April, 1987, and FIVE THOUSAND DOLLARS ($5,000) each at the end of May and June, 1987, upon.billing from CONSULTANT. Reasonable, necessary and normal expenses associated directly with the duties of this Agreement are the responsibility of the CONSULTANT. No claims for expenses are contemplated by this contract. 3. Notices. Until notified otherwise, all notices, invoices and communications shall be sent to the parties of this Agreement at the following address: "CONSULTANT" Ashley Reed, President ASHLEY REED & ASSOCIATES, INC. 880 "H" Street, Suite 204 Anchorage, Alaska 99501 2 "CITY" Wm. J. Brighton, City Manager CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Y ,,l 0 21 1 d. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Alaska. 5. Termination. This Agreement may be terminated by either party, upon TEN (10) DAYS written notice to the other ;arty for any cause or reason whatsoever. This Agreement will automatically terminate upon CONSULTANT's death. Upon termination of this Agreement, each of the parties shall be relieved of further liability hereunder except such that expressly survives the termination of this Agreement. 6. Disputes. Court venue for any dispute arising out of this Agreement shall be the Third Judicial District at Kenai, Alaska. 7. Reports. CONSULTANT agrees to: (a) Keep the CITY informed of Legislative matters adversely affecting the City of Kenai by submitting a weekly report to the City Manager of the City of Kenai. (b) Notify the CITY immediately upon discovering a potential conflict of interest between interests of the CITY and interests of any clients for which CONSULTANT is then currently required to perform lobbyist services. 3 -'Mo- (c) Within TWO (2) WEEKS of signing this contract, CONSULTANT is to provide the CITY with a list ate; of all clients CONSULTANT is contracting with on the == date this contract is signed. d S. Complete Agreement. This writing constitutes the complete Agreement of the parties on the subject matter hereof, and supersedes any oral agreements or understandings. This Agreement can only be modified by a writing executed by both parties hereto. ASHLEY REED & ASSOCIATES, INC. Ashley K. Reed, President Date r— r) Suggested by: Planning & Zoning Commission r _a CITY OF KENAI ORDIMMM NO. 1197-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING ORDINANCE 1167-87 TO PROVIDE FOR AN AMENDMENT TO THE OFFICIAL CITY OF KENAI ZONING MAP REZONING PARSONS HOMESTEAD #2. WHEREAS, Ordinance No. 1167-86 amends the Official City of Kenai Zoning Map for lands depicted as Parsons Homestead #3 (by preliminary plat) from Suburban Residential (RS) to Rural Residential (RR), and WHEREAS, this ordinance (1197-87) is not intended to alter the original request for rezoning, merely the description of property for filing of which the rezoning is contingent upon, and WHEREAS, The City of Kenai stipuldtad that the rezoning be contingent upon the filing of the plat kT;,wn as Parsons Homestead #3 (by preliminary Plat), and WHEREAS, the developer/owner have indicated that their desire is to file Aort, the preliminary plat known as Parsons Homestead #2 immediately and Parsons Homestead #3 by individual phases, and WHEREAS, the request does not violate any current or intended use within the zoning code, and WHEREAS, the Planning & Zoning Commission and Council of the City of Kenai find no objection to the requested change of description of plat for filing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF :'HE CITY OF KENAI, ALASKA, as follows: Section 1: Subject property consisting of those lands depicted in Exhibit "A" and described as Parsons Homestead #2 by preliminary plat are hereby rezoned to Rural Residential (RR) District when substantiated by the filing of said plat. 1 L L J ^ f PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this lot day of �. April, 1987. John J. Williams, Mayor f ATTEST: Janet Whelan, City Clerk L Pa First Reading: Second Reading: Effective Date: ._ 1 A 114 .. �RE�InIEttiAR� PARSONS HOMESTEAD NO. 2 l fw /M LOCATIO AC, WOPL uttK ... f wt t. city OF EUi AI AND I it KENAI Kkmossm1 "Rou". i " Eu.vefEO sr MciWE^end I,IC. .. `IIf�009T[f. S - O,ITE 01 {WYEy Ka L f.EEi - f• f00 t 0. t {y {It.tro. M.P.•. FILE NO. ... .,� Otcoac •y .A• No. - C Fxh;h f 'W ,, oa i197. 87 - - - = T17ACT Tt-aQEC 1! 1 M • 63a7 acaEs Yi it i SIT 1 Y -� � °0 •� � g�Q 016 00 li i i 14 a ra K I t 550 00r tt U., 3 li to .. i TRACT TWO • •' It ACIZMS } 530.00 g i <<L;E24T ONr.. :.7 XRQS 4 o _:t:. i.i.- 's •i�sjt��'�t.yr l 30 ••1rr��tt` - ---- --L ( N•9°47'od'w WOW I32 1 i.. - *' Ltd. t ' u r. 1.. •.. ... ., ... .•.. L 7 4t zj ;s .-1 r f • ,r . tz` CITY OF KENAI Del ea,dd o/ 4" mo Fl vam mv, N."" wm TELEPWW2U-= MEMORANDUM TO: Mayor Williams and City Council FROM: Planning & Zoning Commission Janet Loper, Planning Specialist SUBJECT: ordinance 1197-87 Amending Ordinance 1167-86: Rezoning Parsons Homestead #3 from Suburban Residential (RS) to Rural Residential (RR) DATE: March 11, 1987 The Commission and Council approved the rezoning of property described as Parsons Homestead #3 (by preliminary plat) in November, 1986. The rezoning was to be contingent upon the filing of the preliminary plat, thereby ensuring a specific property with specific boundaries. At the tima of the application, two preliminary plats were available, Parsons Homestead #2 and #3. As there was no representative at the meeting, the Commission and Council both required the plat with the smaller lots (Parsons Homestead #3) be filed. As a result of several meetings with the owners/developers, it has been learned that the desire is to final the plat which depicts three large tracts first (Parsons Homestead #2) and final the plat with the smaller lots (Parsons Homestead #3) by phases as properties are sold. As both plats do not violate either the current or proposed zone, the staff and developer/owner of the property wish to request a change of designation of filing of the plat from Parsons Homestead #3 to #2. Upon checking the minutes of the Planning Commission meeting (attached) I find that there appeared to be no problem with the rezoning request, — - - merely a concern over the description of lands to be rezoned. L <A I �i L A Ordinance 1197-87 Page 2 The Planning & Zoning Commission, therefore, requests that the Council approve Ordinance 1197-87 which amends the description of the property from Parsons Homestead N3 to Parsons Homestead #2 and further recommend the Kenai Peninsula Borough rescind the requirement of the filing of both plats to the filing of one plat described as Parsons Homestead #2 in order for the Land Use Map amendment and the filing of the one plat to be valid. L I ea Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. U67-86 . . . AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING PARSONS HOMESTEAD i3 (BY PRELIMINARY PLAT) FROM SUBURBAN RESIDENTIAL (RS) TO RURAL RESIDENTIAL (RR) DISTRICT. WHEREAS. KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai. and WHEREAS, a rezoning petition has been received from MSM Partnership. property owners within the designated area proposed for rezoning. and WHEREAS. the Kenai Advisory Planning & Zoning Commission has conducted the required public hearing on September 10. 1986. and , WHEREAS as a result of that public hearing. the Planning 6 Zoning Commission recommend approval of the requested rezoning contingent upon the preliminary plat designating the area to be Parsons Homestead 03 be duly recorded and filed. NOV. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA. as follows: Sectlon 1: Sub.fect prooetLy consisting of those lands depicted in Exhibit "A" are hereby rezoned to Rural Residential (RR) DisLricl when substantiated by filing of final plat. PASSED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA this 1st day of October. 1986. rt ATTEST: s lf66t Whelah. City Clerk M. . - - OM WAGONER YOR FLUE Reading: S:ioLember 17. 1986 Second Read1 icl: Oui.abuk 1. 1986 Effective Date: November 1. 1986 -i L t Q _ to to tt n t u t( M, to r r 6 � 1t1 �s ri w M f t6 t L7 w is { ti �.. n ' rj is uJ 11 � it r �4� s t 6 !e..61 S.NN.0 . AK S.E69 J,0CAT 1N wy�t,W (v1. 1 tuTNE CIT► Ot EMA sAMD'HE Mt%&' aElm:Z Boom" Su'.fpfY 0Y' tILL1.K and 1SSOC2ft(L. INC. Sol at-, tt 99669 017E OF EuwvE+ SCKE SnEEt t' • 100' S et I .,........ w.... w e 9. FILE N �R F� d 7. KENAI PENINSULA► BOROUGH BOX 850 • SOLDOTNA. ALASKA 99669 PHONE 262.4441 r" / January 22. 1987 Mr. William Brighton City of Kenai 210 Fidalgo Kenai• Alaska 99611 SUBJECT: Ordinance 86-99 Amending the Kenai Land Use flap for Parson's Homestead No. 2 And 3 (Preliminary Plats). Dear Mr. Brighton: Enclosed you will find one (1) certified copy of Ordinance 86-99, t addressing the amendment to the Kenai Land Use map for Parson's i Homestead No. 2 and 3. As the ordinance states. the 80 acres in l the W1/2SW1/4 of Section 30. T6N. R11W (also known as preliminary plats of Parson's Homestead No. 2 and 3) will be amended on the land use map from Medium Density Residential to Low Density Residential MIX when the final plats have been properly 4" recorded. If the plats are not recorded this ordinance will not be valid. Please contact me if you have any questions. Sincerely. Jane Gabler Planner JG/br Enclosures: Ordinance 86-99 Minutes of the Borough Planning Commission October 6. 1986 I PLANNING ZONING COMMISSION September 10, 1986 page 4 Commissioner Osborne. VOTE: Motion passed unanimously. c. Resolution PZ86-44: Rezone Parsons Homestead #3 from RS to RR i Chairman Smalley opened the meeting to comments from the public. Hearing and seeing none, Chairman Smalley returned the item to the Comission. Councilman Wise stated that he feels very uncomfortable with approving a rezoning based on a preliminary plat. It would be preferable to rezone a parcel that has been finalled. Commissioner Bryson stated that he sees no problem. In the event that this property is developed and the developed wishes to retain the larger lots, this is the more desirable to ensure density. Commissioner Bryson asked in what the original plat of this subdivision was submitted, answer the original first plat was Inlet Woods West Addition, then at the last meeting it was called Parsons Homestead #2 and, finally, #3. Councilman Wise stated that he was � not uncomfortable with the rezoning, only with the indeterminate r7) lines. MOTION: Commissioner Bryson moved approval of PZ86-44 with the additional stipulation that the approval be contingent upon the plat called Parsons 'iomestead #3 be finalled, seconded by co=issioner Zubeck. To clarify intent, the rezoning is specifically for a finalled plat called Parsons Homestead #3 rather then an indeterminate parcel of land. I` i VOTE: Motion passed unanimously. 5. APPROVAL OF MINUTES of August 27, 1986 Minutes were approved as submitted 6. OLD BUSINESS None 7, NEW BUSINESS A Preliminary Plat PZ86-45: Baron Park S/D #6 Li L ' CITY OF KENAI ZIGFI nao YYtft ALABKA KENAI. z, TELBPMpNE Zi3.7636 '''`. - March 6, 1987 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Dana Gerstlauer, Administrative Assistant RE: 1987 Lease Renegotiations In a recent memorandum received from Tim Rogers, City Attorney, he suggested the possibility of not initiating lease renegotiations for 1987. According to the Code and most lease documents, either the City or the Lessee may ask that the property be reappraised and a new rent value be determined. Considering the state of the economy in Kenai, it is possible that the appraised values of land in Kenai will decline, causing lower lease rates and a decline in revenue. Tim has stated that it may not be in the City's best interest to request reappraisals at this time. /dg i I Return �' -Xs • .. ¢ - ' Ale slu Deperlmont of Rrar �q � , �,�9 �, ON (�antas of ChaflCa and C011testaot Skill -- +� Publio services Division ail l' % Complianeeseetlon ��.+ 9� PERMIT APPLICATION 1111 W. flth Street, Room �'/�, �"°yrneau,Atael+sowl Op f // FE .00 dui w(ttrapplkattor019L of entire not proceeds duo with Annual Financial Statement rOeel8I1t9�% aedthekatn,otlaasera.conW.u,gltusepplteetlon t-; t. it 1. Name of Organization 4A. NEW APPLICATION Kenai Peninsula AecrwAnt-inn of MortiggMe Whman Number of Years Organization Has Been in Existence in Alaska: Mailing Address P.O. Box 4593 ' The following must be submitted with this application: O Current Alaska membership.list (must have at least City, State, Zip Code Soldotna, Alaska 99669 25members-. ` r O Certified true copy of articles of Incorporation or, if not 2. Type of Organization. (Check the appropriate box. Refer to AS 05.15.210 and 15 AAC 105.010-100 for definitions.) incorporated, copy of bylaws and national and state ❑ Municipality ❑ Police or Fire Department , Charters; O Copy of IRS certificate of tax exemption issued to non• and Company ❑ Civic or service profit organizations, if applicable. ❑ Religious ❑ Dog Mushers' Association Name and Mailing Address of National Organization (it applicable) ❑ Charitable ❑ Political ❑ Fraternal ❑ Non-profit Ttade +' Association , [� Educational O Fishing Derby Association 41L RENEWAL APPLICATION +� ❑ Veterans ❑ Outboard Motor ❑ .Labor Association Most Recent Year �� ` Permit Number. Issued /e The following must be submitted with this application: 3. Organized as: (Check the appropriate box.) ❑ Corporation K1 Association 0 Partnership 16 Current Alaska membership list (must have at least ❑ Firm ❑ Company 25membefs); ❑ Copy of amendments to bylaws, if any. VA 5. Local Officers (must be current, bona fide members in good standing) ; NAME TITLE DAYTIME PHONE NUMBER Marion Perrine President T' 262-5708 Cheryl James Vice President - 262-9070 Dottie Krzyzanoski Recording Secretary ` 283-3585 Sammie Cole Oorresponding Secretary 262-6453 Florrlece Walker Treasurer 262-6453 8. Types of Games to be Conducted, List types of games by common name if other than ttlosp listed. See AS,05.15.180, AS.05.15.210; 15 AAC 105.110•.160. O a. Bingo (NOTE: Bingo ] . b. Raffles It Lotteries , ❑ I. Fish Derbies O J. goose Classic games must not be held more than 9 occasions O .a Puil•tabs O g. Contests of Skill O R. Salmon Classic In a calendar month with no more than 35 0 d. Ice Classics. ❑ h. Rain Classics games per session or ` series of games.) ❑ . s. Dog Mushers' Contests O 1. Mercury Classic THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Date of Receipt ` Permit Number . t ` Date of Issue. Financial Statement: O Yea O No NOW ❑ NOTICE. GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. IY MOM 0- I .y•. ' l iL DEDICATION OF NET PROCEEDS The entire proceeds of the games shall be devoted to and disbursed aaatatatteai eharitabia fgrmlons and dinners for the community, stc. The to mpaive the charitable donations must Include In accordance with 15 AAC 105.280 Use of Dedicated Net Proceeds. (a) The dedicated net proceeds given to a quilUlid organization quallficatlons requirement that all nlembere of the organization within the nom• munityrelayqualify and receive the assistance. These payments may may not be used to pay any person for services rendered in connee• tion with the activities from which the funds were derived. Detailed not be devoted to organizational parties, dinners or benefits, picnics, of sootai functions limited to members and their famines, records of all disbursements must be kept for later audit review. These must be kept with the other accounting records tore period of lease buildings or land for their With the not p broceeeUy ds unless these buildings ace: three years. ; (b) Disbursements for tits promotion of the WON* and Nretl being or�tration (1) used exclusively for eduaationell, civic. public, at reilgici Put- (such hospitals, ettttreetea, schools, government buildings, of the membership means that a member may receive assistance in the form of various charitable d�tions, which have been approved community conferrer, of at co y of by the organizations board of directors Charitable projects which an organization may sponsor include education grants, training (2) turned over to an appropriats nonprofit organization which 'qusiifies as a tax-exempt organization under the Internal Revenue assistance or iob counseling, food baskets, medical or health-care Code, Sentlon 501(C)t3), or to a local, state or federal government. In the space below, state the specific purposes for which the entire net proceeds are to be devgted and In what manner. ; Proceeds are used for educational classes designed to gain knowledge for'tfie benefit of the organization mtanebed and the general public. 8. Estimated Yearly Gross Receipts $ 500.00 9A. Person in charge of games (Must be a bona fide and active member of permittee organization) NOTE: The member in charge shall be present during the conduct of sash of the specified activities stated on the permit. An alternate maybe designated to conduct the authorized activities during the absence of the member in charge. NAME Florence Walker MAILING ADDRESS 4036 Dogwood l.n DAYTIME PHONE NUMBER (Primary) .t Kenai. Alaska 99611 (907) 262-6453 (Alternate) (907) 262-5708 Marion Perrin President Cook Inlet Title 170 North Birch Soldotna Alaska 99669 Ga. if a commercial operator is employed to conduct gaming activities oe your behalf, please provide the name of the premises, the nanM of the person operating the premises, the street address and daytime telephone number of the premises. NAME OF PREMISES STREET ADDRESS DAYTIME PHONE NUMBER t NAME OF OPERATOR: 10. Has either person listed 169A or 9B above ever been convicted of a felony or gambling misdemeanor? - ❑ Yes [I No 11. Will either person listed in 9A or 9B above receive compensation of any kind from the recelpts of the O Yes Q No gaming activities? , 12. What Is the HOURLY wage to be paid to employees? I& Signature of Two Officers Required We certify under penalty of perjury that to the best of our knowledge and belief all the Information on this application, including any at- tachments, is true. correct and complete. We understand that any false statement made on this application Is punishable bylaw. W8 for►• is !hot certify that we have delivered two plea of this application to the nearest city or borough orrice for runuw. A. NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION iS PUNIUMAlit.t CT utw. assBWAtte % NOTICE: This opinion is subject to formal correction before j publication in the Pacific Reporter. Readers are requested to bring typographica 1 or other formal errors to the atten- tion of the Clerk of the Appellate Courts, 303 K Street, An- chorage, Alaska 99501, in order that corrections may be made prior to permanent publication. THE SUPREME COURT OF THE STATE OF ALASKA ROBERT JACKSON, Appellant, V. KENAI PENINSULA BOROUGH FOR THE USE AND BENEFIT OF THE CITY OF KENAI, i c. ;7 o. f U Z ate.- �u Appellee. File No. S-1104 O P I N I O N ) [No. 3163 - March 6, 19871 Appeal from the Superior Court of the State of Alaska, Third Judicial District, Kenai, Charles K. Cranston, Judge. Appearances: Joseph R. Skrha and Linda MacLean, Drathman & Mysing, Kenai, for Appel- lant. Timothy J. Rogers, 'City Attorney, Kenai, for Appellee. Before: Rabinowitz, Chief Justice, Burke, Matthews, Compton and Moore, Justices. MOORE, Justice. This appeal poses the question whether a city which has ignored an open violation of a zoning ordinance for 18 years can now enforce it. Robert Jackson operates an automobile repair business in a residential zone in the City ti -..k , . _. .I . � a L L 15 a of Kenai. He argues that the equitable defenses of estoppel and laches should bar the City of Kenai from enforcing the zoning ordinance against him. The trial court granted sum- mary judgment in favor of the city, concluding that 1) while estoppel might be available, the facts of this case fall short of satisfying the necessary elements of that defense, and 2) laches is not available as a defense in zoning cases. Jackson appeals from this grant of summary judgment and the permanent injunction that followed. We affirm. Jackson does not present facts which can sustain estoppel against the city. In addition, we agree with the trial court that laches is not generally available against a city in an action to enforce a zoning ordinance. I. The parties have stipulated to the following four statements of fact: L 1. Robert Jackson operates an au- tomobile repair business at the premises more particularly described as Govern- ment Lot 137, Section 34, T6N, R11W, Seward Meridian, Kenai Recording Dis- trict, State of Alaska. 2. Robert Jackson has operated the automobile repair business continu- ously at the above location since 1965. 3. Robert Jackson operated the business out of a trailer until 1977 when he built a garage on the above -2- 31.63 ` a 1,t� ,fit ,F s. f� t� �s 1 _ - r- described property and moved the business into the garage. 4. The City of Kenai has never approved a conditional use permit or variance for any automobile repair busi- ness at the above described property for Robert Jackson. The remainder of the facts, viewed in the light most favorable to Jackson, are gleaned from the affidavits I of Jackson and Building Inspector Howard Hackney. In 1965, when Jackson's Sales and Service opened, the business of re- pairing and selling used cars on the premises violated the i residential zoning requirements. Jackson operated the busi- ness out of a trailer until 1977 when he applied for and re- ceived a building permit for the construction of a large ga- rage which he intended to use in the business. The permit I indicated that the garage would be 1008 square feet (28 by i 36 feet) and have a total value of $3,500. During the building of the garage, Hackney in- spected the premises and approved the continuation of the i construction. During this inspection, the presence of nu- merous cars, an A -frame for pulling engines, numerous pieces I of equipment associated with automobile repair, and other . I 1. Williams v. Municipality of Anchorage, 633 P.2d 248, 250 (Alaska 1981). -3- i I 3�i53 L J L t 9 4 tools indicated that the premises were being used as a com- mercial repair and used car lot. The garage was completed in 1977 and by 1978 Jack- son was conducting his business full time. V om 1979 until the present he has applied for and received an Alaska busi- ness license, an Alaska motor vehicle dealer registration certificate, and a certificate of authority to collect Kenai Peninsula Borough sales tax. The correct address for his business was specified in these applications. For an 18-year period, from 1965 until 1983, Jack- son openly operated his business without any complaints from the city that he was in violation of the zoning ordinance. During this period, local officials,..including mayors, city managers, city council members, building inspectors and zon- ing commission members did business with Jackson's Sales and Service or had actual knowledge of the operation and loca- tion of the business. In 1972 and 1973, various inspectors were on the premises due to the installation of, and eventu- al litigation over, city water and sewer lines. During the mid-701s, the city removed junked cars from the premises un- der the city -sponsored program. In 1979, two years after the garage was constructed, Hackney again visited the prem- ises but did not, despite obvious commercial use, notify Jackson of the zoning violation. Since 1980, Jackson's Sales and Service has been under contract to do repair work -4- 31G3 I 4 -- r $ ' FM - ,44 on vehicles associated with the Kenai Community College. Jackson has never received a complaint from any neighbor about operating the business in this location. } In July, 1983, 18 years after the origin of the i I business and six years after the construction of the garage, i Hackney notified Jackson by mail that the business was in i violation of the zoning ordinance. This was the first no- tice Jackson received concerning the 18-year zoning viola- tion. The City of Kenai eventually sought an injunction di- recting Jackson to cease and desist operating his automobile repair business. Notwithstanding Jackson's arguments con- cerning estoppel and laches, the trial court granted summary judgment for the city and issued the permanent injunction. If Jackson is forced to move his business, he will incur significant expenses that he believes would cause great hardship and possibly financial ruin. He claims he has invested all of this time, effort and savings into the business and the building. i� II. A plaintiff's motion for summary judgment must prove not only every element of his cause of action, it must also "expressly disprove every affirmative defense of the answer." Braund, Inc. v. White, 486 P.2d 50, 54-55 n.6 -5- 3i.63 L (Alaska 1971) quoting Zack, A Primer for Summary Judgment, 11 W. Los Angeles L.Rev. 1 (1970). Jackson admits that his business violates a valid city zoning ordinance. However, he asserts that the affir- mative defenses of equitable estoppel and laches bar the city's enforcement of the ordinance against him. We must determine if the city has met its burden of showing that these defenses are necessarily unavailable to Jackson. A. Estoppel The trial judge assumed that the availability of estoppel as a defense against a governmental body in a zoning enforcement action had not been decided in Alaska. He then analyzed case law from Connecticut and Washington and concluded that, although the better view allows a party to invoke the defense of estoppel in appropriate cases, this was not one of them. Both parties as well as the trial court failed to realize that this court has held that an estoppel defense is available in zoning actions. Municipality of Anchorage v. Schneider, 685 P.2d 94 (Alaska 1984). See Fields v. Kodiak City Council, 628 P.2d 927, 931 n. 3 (Alaska 1981) (dictum) . In Schneider, the property owners, pursuant to a settlement agreement with the municipality, obtained a permit to con- struct three additional dwelling units on their lot in Eagle L. -6- C r 3ir3 I .2•n River. The municipality then revoked the permit when it discovered that this permit was issued in violation of the efTM; recently changed zoning ordinance. The Schneiders filed a motion in superior court to enforce the settlement agree- ` f it went. Although construction had not yet begun, the { r` - Schneiders had spent approximately $24,000 in reliance on 14 L the settlement agreement and the erroneously issued building permit. This court rejected the traditional rule under 1 which the government cannot be estopped and held that the ' municipality was estopped from revoking the permit. Id. at 98. The Schneider court described four factors that must be considered d when a party attempts to invoke an estop- t. pel defense against a municipality in a zoning case. The general elements of equitable estop- pel are (1) assertion of a position by conduct or word, (2) reasonable reliance thereon, and (3) resulting prejudice. Jamison v. Consolidated Utilities, Inc., 576 P.2d 97, 102 (Alaska 1978). A fourth element, most often explicitly stated in promissory estoppel cases, is that the estoppel will be enforced only to the extent that justice so requires. Glover v. Sager, 667 P.2d 1198, 1202 (Alaska 1983). we believe that this i factor should play an important role when considering estoppel against a mu- nicipality. 685 P.2d at 97 (footnote omitted). -7- 3163 1 r I Examining the present case in light of the four Schneider factors reveals that summary judgment against Jackson on the estoppel defense was proper. The first element of estoppel is the assertion of a position by conduct or word. Jackson claims that'*the fol- lowing acts constitute the city's assertion by conduct or word that he relied upon in establishing and expanding his business: (1) the city issued him a building permit for a garage which it knew was for commercial use based on its size and on the building inspector's actual knowledge of his business; (2) city officials individually patronized his business; (3) the city removed junked cars from his premises; and (4) the city did nothing although it knew of his business operation for 18 years. Allegations relating to actions by the State of Alaska in issuing him business licenses and motor vehicle dealer registration are immaterial, as are those relating to his provision of automobile repair service to the Kenai Community College and collection of sales tax for the Kenai Peninsula Borough. Nothing in the record suggests that these organizations are responsible for enforcement of Kenai zoning law. Generally, courts impose estoppel against a gov- ernmental body seeking to enforce a zoning ordinance only upon a showing that the responsible municipal officials un- dertook positive acts which induced the action of the L. -8- L L 3o J 161 defendant. Welch v. City of Evanston, 409 N.E.2d 450, 456-57 (I11. App. 1980) (quoting Gregory v. City of Wheaton, +� 178 N. E.2d 358, 361 (Ill. 1961)) ; see generally 7 P. Rohan, Zoning and Land Use Controls, S 52.08141 at 52-78 (1986); 2 j C. Antieau, Municipal Corporation Law, § 16A.09 (1981). An "assertion" necessarily implies positive acts rather than mere passive inaction.2 In Schneider, we found that "(t)he settlement agreement and the resulting permit gave the Schneiders clear authorization to take the steps they did. 685 P.2d at 98 (emphasis added). The settlement agreement and permit expressly authorized the Schneiders to build the improvements which the municipality later asserted were illegal under the zoning ordinance. This was assertion by both word and conduct. Jackson nowhere alleges that the Al city or its representative expressly authorized his business operation. In another context, involving estoppel against a private party, we held that a landlord who accepted rent at a low rate pursuant to an old agreement and failed to assert .. a position consistent with a rent -escalation clause was 2. Assert means "to state or affirm positively, assuredly, plainly, or strongly." Webster's Third New International Dictionary 131 (1967). -9- J - •�1 _ 3 - 4 estopped from enforcing the clause. Altman v. Alaska Truss and Mfg. Co., 677 P.26 1215 1222-23 (Alaska 1983). we decline to apply the Altman definition of "as- sertion" in zoning cases. We believe that estoppel should be invoked against a municipality in a zoning case "only in limited instances and with great caution." Town of Greenwich v. Kristoff, 481 A.2d 77, 81 (Conn. App. 1984). Our emphasis on the "clear authorization" made by city offi- cials in Schneider reflects this belief. A number of sub- stantive policy considerations underlie this rule: (1) the defendant seeking to invoke estoppel is under at least constructive notice of the zoning ordinance he seeks to avoid; (21 the purpose of zoning is to protect the public interest and zoning regulations are drawn by representation of the public will pursuant to the political process; (3) a particular officer or individual city representative lacks authority to waive the public's right to enforce its ordi- nance. See Wieck v. Dist. of Columbia Bd. of Zoning Adjust- ment, 383 A.2d 7, 13 (D.C. App. 1978) (Mack, J., dis- senting); Note, Back to Square One: Estoppel Against the Government A.C.K. Immigration and Naturalization Service v. Miranda, 16 Vanderbilt J. Transnat'l. L. 1053, 1056 (1983). In Utah County v. Young, 615 P.2d 1265 (Utah 1980), the court refused to estop a county from enforcement of its zoning ordinance under circumstances similar to those L -10- 3 u we, :Hy ` ry ya U 9 6 - Sl .. G t "gsj3 31 c ,R. f k ( .j in this case. The defendant in Young had been issued a building permit to build a barn on land zoned for agricultural use. Id. at 1265. The building inspector was aware that the plumbing (which included two public bathrooms) and wiring were of the type and quality used for commercial buildings. Id. at 1266. The defendant had communicated to the inspector that the building was to be used commercially. However, neither the county nor its agents had communicated any authorization for its commercial use to the defendant. Id. The Utah Supreme Court held that estoppel could apply if the zoning authority committed "an act or omission upon which the developer could rely in good faith." Id. at 1267. If an act, it must be "clear, definite and affirma- tive . . . ." Id. If an omission, it must be a negligent or culpable omission where the party failing to act was under a duty to act. Id. at 1267-68. The landowner has a duty to inquire with zoning officials regarding uses permitted on his land. Id. at 1268. The court thus upheld the denial of estoppel. Id. In short, the Utah court chose to place on the de- fendant the burden of determining whether a zoning ordinance applied to him in the absence of an affirmative assertion by the zoning authority that it did not. The issuance of a building permit, even though the issuer actually knew of the -11- Y�^^ .ems -_•'--.__• - — 4 �.' ... 'T• intended commercial use, was not sufficient to shift to the zoning official the duty of communicating permitted uses. We agree with this approach. A business person in Alaska must bear a number of administrative burdens. He or she must obtain a business license, file and pay appropriate taxes, and obey all relevant laws. The burden of locating the business in an appropriately zoned site must fall on the business person. 3_- See also Maloof v. Gwinnett County, 200 S.E.2d 749, 751 (Ga. 1973). Jackson's building permit authorized construction of a garage, not operation of a business. Jackson did not use his business name on the permit application and was charged at the residential, rather than commercial, permit rate. The garage was eight square feet larger than the maximum permissible "residential" garage. We cannot agree with Jackson's contention that this eight -square -foot 3. In Icy Sister's Place v. City of Burlington, 433 A.2d 275, 279 (Vt. 1981), the court observed that a city deputy fire warden was charged with a duty to enforce the applicable fire code and with "knowing the law and properly advising the public." It upheld estoppel where the fire warden had been asked how to bring a specific wood frame structure into compliance for restaurant use, had supplied a detailed list of needed improvements, and a building permit was issued, but later refused to approve the restaurant because he had been mistaken as to the applicable law. Id. at 278. The restaurant owners had expressly sought approval for the precise use which was later denied. Jackson, on the other hand, does not allege that he discussed his business with Hackney. -12- __J r- 1 overage (roughly one-third the area of an office desk) indicates the city's authorization of a commercial garage operation. Except for the affirmative act of issuing him a building permit while knowing of his business, Jackson's al- legations merely restate his assertion that city officials, some of whom were responsible for zoning enforcement, had actual knowledae of his business and took no action. without more, we find no assertion by word or conduct that Jackson's business was exempt from the city's zoning ordinances. Therefore we need not determine whether his allegations could support findings of reasonable reliance, Osubstantial prejudice and the interest of justice necessary to estop the city. R. Laches The trial court summarily dismissed Jackson's laches argument, concluding "as a matter of law that the eq- uitable doctrine of laches is not a defense to this action to enforce the zoning ordinance." The equitable defense of laches may bar an equita- ble remedy when a plaintiff has neglected to assert a right .r i i i i } i f t� after a considerable lapse of time and thus has caused undue prejudice to the defendant. Copper River School Dist. v. State, 702 P.2d 625, 629 (Alaska 1985) , see also Carlo v. -13- - - - i Li r. I Gustafson, 512 F.Supp. 833, 837 (D. Alaska 1981). We have not previously ruled whether laches may apply to bar a local government from enforcing its zoning regulations by injunc- tion. The vast majority of jurisdictions do not invoke laches to bar a zoning enforcement action. Corvallis Sand & Gravel v. Land Board, 439 P.2d 575, 578 (Or. 1968); Waller v. Sanchez, 618 S.W.2d 407, 409 (Tex. Civ. App. 1981); City of Yonkers v. Rentways Inc., 109 N.E.2d 597 (N.Y. 1952); see generally 7 P. Rohan, Zoning and Land Use Controls, 5 52.08[41 (a) at 52-75.4 But see Citv of Hancock v. Hueter, 4. 3 A. Rathkopf and D.-.Rathkopf, The I.aw of Zoning and Planning 5 45.05 at 45-45 cites the following cases denying al ches despite long enforcement delays: Donovan v. City of Santa Monica, 199 P.2d 51 (Cal. App. 1949) (20 years); Appeal of Phillips, 154 A. 238 (Conn. 1931) (50 years); Gregory v. City of Wheaton, 178 N.E.2d 358 (Ill. 1961) (10 years); Building Inspector v. Sanderson, 360 N.E.2d 1051 (Mass. 1977) (four to five years); City of Kansas City v. Wilhoit, 237 S.W.2d 919 (Mo. App. 1951) (25 years); Universal Holding Co. v. Norger Bergen Township, 150 A.2d 44 (N.J. Super. App. Div. 1959) (8 years); Fabini v. Kammerer Realty Co., 175 N.Y.S.2d 964 (N.Y. Sup. 19581 (25 years plus); In re Hepner, 152 N.Y.S.2d 984 (N.Y. Sup 1956) (14 years); City of Yonkers v. Rentways, Inc., 109 N.E.2d 597 (N.Y. 1952) (almost 20 years); Bartlett v. City of Corpus Christi, 359 S.W.2d 122 (Tex. Civ. App. 1962) (8 years); City of Milwaukee v. Leavitt, (Footnote Continued) -14- IN rr, W1 3is3 3 ^- F : p (i R 325 N.W.2d 591, 593-94 (Mich. App. 1982); Wieck v. Dist. of ! r y Columbia Bd. of Zoning Adjustment, 383 A.2d 7, it 12 (D.C.- - •,„3 =d App. 1978). All the policy reasons which apply to deny estoppel against a municipality, supra at 10, also apply to ! 'f laches. Furthermore, because under laches the only fault of a local government is its inaction, additional policy ..,� N.... :' considerations operate to deny its effect. A city's .' - K inactivity is not necessarily wrong; it may be the result of a reasonable decision to use limited enforcement resources for other matters. Indeed, a zoning board cannot police -: every possible violation. The remedy of nonenforcement of a law is a drastic one for such "fault." Wieck, 383 A.2d at 13 (Mack, J., dissenting). Furthermore, the only "reliance" ' (� 1 Y which a landowner can show under a lathes theory is that he or she relied upon nonenforcement of a law. Id. at 14 - (Mack, J., dissenting). ! j Indeed, all the cases we have found invoking lathes against a municipality seeking to enforce zoning or- dinances involved third party purchasers of nonconforming property. Rueter, 325 N.W.2d at 592; Wieck, 383 A.2d at 12; (Footnote Continued) 142 N.W.2d 169 (Wis. 1966) (19 years); 1 Welch v. City of Evanston, 409 N.E.2d 450 (I11. App. 1980) (52 years; court discussed estoppel). 31 a , Y l a f - E r 1 i r, In Re Heidorn's Appeal, 195 A.2d 349, 351 (Pa. 1963) . Heidorn court stated: While courts are reluctant, and should be, to impose the sanction of laches on governmental divisions, equity cannot close its eyes to the sloth, indiffer- ence or official neglect of a municipal body any more than it can to the neglect of an individual where such neglect harms an innocent person. 195 A.2d at 351 (emphasis added). Jackson is not an ; "innocent person" as a third -party purchaser might be in a case such as Heidorn, where nothing put the purchaser on notice that an existing porch roof violated a setback requirement. We have previously considered the application of laches in cases involving the public interest in two situa- tions. In Concerned Citizens of South Kenai Peninsula v. Kenai Peninsula Borough, 527 P.2d 447, 457 (Alaska 1974), we allowed laches as a defense where the tardy plaintiff sought to attack the existence of a public hospital. The important public interest represented by the hospital was a key factor in the holding. In Moore v. State, 553 P.2d 8, 20 (Alaska 1976) , the "public interest" was asserted by a private plaintiff who challenged issuance of state oil leases on environmental grounds. We held that laches would not bar the challenge, in part because of the public interest. Id. we said -16- L r j (w)hile we cannot agree with plaintiff's assertion that laches should never be applied when the public interest is at '! stake, neither do we accept defendant's F. contention that the public interest sta- tus of a case is irrelevant to whether laches should be applied. Instead, we choose to weigh the importance of the - -. public interests in question, and the difficulties and merits of bringing a case of this type to court, as part of the overall process of balancing the eq- Y" uities of a particular case . . . . Id. at 19. - --- -:-:- The importance of the public interest in a zoning _ case may depend to a large extent on the specific zoning or- dinance at issue. Thus, the setback restriction at issue in _ Heidorn was primarily a matter of esthetics. 195 A.2d at l� 351-52. The public interest in such a case may be low. The separation of business from residential use at issue here Y protects residents from essential but p potentially nuisance - producing activities and from population and traffic conges- _ a tion. See D. Mandelker & R. Cunningham, Planning and Con- trol of Land Development, 143-48 (2d ed. 1985). While the record is meager as to any hazards to residential devel- opment from the Jackson car repair and sales business, we do not question that Kenai has a strong and valid interest in . enforcing this separation. j While we do not state that laches can never be a �! defense to a zoning enforcement action, we agree that it "should not be permitted to frustrate the enforcement of a 11 <<1 ---.. -' - -17 - 3--kq. 41 L I 0 I I i ;f ^hl f TELEPHONE (907) SW1325 The Honorable John J. Williams, Mayor and Councilmembers City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams and Councilmemberss 105 ML"CIPAL WAY, SURE 301 MEAU, ALASKA 99W% March 13, 1987 I am requesting that Bill Brighton, Manager, be allowed and encouraged to participate on the AML's Technical Review Committee for the Strategic and Action Plan. The planning effort, now underway by the AML Board and staff with the assistance of a consultant, is one of the most important and exciting undertakings of the League. Our intent is to determine the AML's future direction to better serve your municipality and the rest of the AML membership. The assistance of Mr. Brighton and nine other knowledgeable appointed officials, from their viewpoints as key municipal employees, will greatly improve the plan's ability to address the needs of communities similar to yours.. The Board has hired Leonard Lane and Associates of Anchorage to assist it in developing a plan for improving the services of the League to meet the needs of its members in the future. The strategic planning process will involve reviewing the current mission and services of the AML, evaluating the League's successes and failures, looking at opportunities and constraints for the future, and, finally, laying out a strategy and action plan for improving the AML over the next three to five years. In this effort, the Technical Committee will be advising the AML Board who are elected municipal officials also elected by you to represent the needs of municipalities, and who are ultimately responsible for the plan. I am appointing managers, clerks, attorneys, and finance officers who are knowledgeable of the AML, and who represent, to the degree possible given the need for a committee of a workable size, the variety of our municipal membership in terms of size, type, and geographic location. I anticipate that there will be three, one -day meetings of the Committee between now and Novembers one in Juneau (March) and probably two in the Anchorage area (June and July). The first meeting is scheduled for March 20, 1987. AML Executive Director Scott Burgess has contacted Mr. Brighton as well as others to determine their interest in serving on the Technical Review Committee. I am officially appointing Mr. Brighton subject to your approval. In order to get the project underway, and completed in time for MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCWTION OF COUNTIES L I yr � •t. The Honorable John J. Williams, Mayor _ " and Councilmembors - -- March 23, 1987 Page Two t _ presentation to the membership at the annual AML Conference in November, we have taken the liberty of notifying Mr. Brighton and providing him/her with material for the March meeting in Juneau. The AML cannot reimburse for travel and accommodations, but I hope you agree that this expense can be justified for such an important and potentially rewarding project, even in these difficult financial times for municipalities. apologize for the short notice and look forward to your approval and r support of Mr. Brighton to assist us with the strategic planning effort to improve the League's service to your municipality. Please let me or Scott Burgess know immediately if Mr. Brighton cannot participate in the criti- cal March 20th meeting and in subsequent meetings, or if you have any - questions. - - - -- Thank you. - :77I Sincerely, George W. Carte' President I i at y J i t i, r( r-- % I SO TO: Kenai City Council / FROM: Charles A. Brown, Finance Director eqA DATE: March 11, 1987 sUBJBCT: Redemption of Airport Terminal Bonds In December, 1965, the City issued $450,000 of 3.75% Revenue Bonds to build the Airport Terminal. The final maturity is December, 1995. ti The amount of bonds outstanding today is $200,000. �1The U.S. Department of Housing and Urban Development (HUD) holds these "{ bonds. They have offered to redeem these bonds at a discount for 1 $176,635.88. We have been expecting this offer; it was mentioned in f the February 25, 1987 budget memo. ,3 HUD has calculated the present values (PV) of all the payments (principal and interest) at treasury rates to compute the discounted .:� price. I have checked their calculations, and they appear reasonable. ^'1 In addition, they've offered a $2,000 credit as an incentive. - - In order to determine if the City should redeem the bonds early, we L. should consider our return on investments. Our current weighted average return is 5.8%. I've settled on 6% as a goal to judge whether or not this offer is attractive. For those of you not terribly interested in details, skip the next couple of paragraphs and proceed _- to "Recommendation". I performed two tests:- ? 1) I performed a discounted cash flow analysis at 6% based upon the semi-annual bond payments (at 3.75%) and the initial investment of $176,635.88. This is basically how an investor would view this if his goal was to earn 6%. The net present value is about v5 $4,000 (positive). Any positive number means that our 6% objective is met and it yields a profit. 2) I computed the internal rate of return on the discounted future cash flows. This came out to be about 6.5%, meaning that the ;. yield is superior to our stated goal. I can summarize this by making some observations. Any time that current market yields are higher than coupon yields on the bonds to be redeemed, the bonds should sell at a discount. Thus, RUD is offering to redeem $200,000 of bonds for $176,635.88. The higher the current available market yield, the lower the redemption price (a greater r discount). As current rates approach the coupon rate, the discount disappears and the bonds would redeem at or near par. Recommendation 3. I believe that from a simple financing standpoint, this offer represents a fair deal. There are also some positive side effects if we redeem the bonds. The City will no longer be bound by the bond covenants, included related audit provisions. For a sample of what this involves, see the attached portions of KKC. The Airport Terminal Fund has enough cash to redeem the bonds (see attached balance sheet). ijl �mm r I 21 .lMq THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION a U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON. D.C. 2D410-9000 Mr. Charles A. Brown City of Kenai 210 Fidalgo Kenai, AK 99611 Reference: PFL Project Number: AAA-50-PFL0022 Dear Mr. Brown: Thank you for your interest in purchasing the above referenced Public Facilities Loan (PFL) Bond. we have computed the bond discount price, as referenced in our letter to your community, dated January 30, 1987. We hope you pursue this offer and have scheduled a (tentative) settlement date. The bonds will be redeemed through the Federal Reserve Bank of Richmond, the fiscal agent for the Department of Housing and Urban Development. Purchase Price o Outstanding Bond Balance: $ 200,000.00 o NET PRESENT VALUE (See attached computation): $ 1781,635.88 o SERVICING ADJUSTMENT (@ 1% of Outstanding Bond Balance): ($ 2,000.00 ) o DISCOUNT (PURCHASE) PRICE: $ 176,635.88 Settlement o Scheduled Settlement Date: March, 27, 1987 O Bonds must be redeemed on or before the scheduled settlement date. o The Bond Redeemption Payment (Discount Purchase i ) i t b di ected to the Federal Reserve Pr ce s o e r Bank of Richmond. L III i. r- Al I� 2 By Check - Payable to the Federal Reserve Bank of Richmond. - Mailed to: FRE of Richmond ATTN: Lois Tyree Richmond, Virginia 23261 - PFL Project Number must be on the check. By Wire - Payment wired to: FRB of Richmond ABA # 051099992 - Wire instructions must include the PFL Project Number. Release of Escrow Monies o Monies in respective bond escrow accounts can be used to redeem the bonds. o If additional authorization is needed for the release of escrow monies, contact GNMA at the designated number. Additional Information o If additional information concerning the redeemption of your bond is needed, contact GNMA at (202) 755-5593. o Questions concerning settlement should be directed to the Federal Reserve Bank at (804) 643-1250, ext. 4340. We are pleased to be able to make this offer to you and hope you can participate in this important initiative. Yours truly, It 'cG� �. JUOSC. Gagper Executive Vice President f k L J L.� r ' f 1 p t rm I �z is Ian ro toll 2 x .pryer O u O 1-1 th Hy NO�N01N0►N01N01N01N O�NO�NO►,'f'. Nz .. 0.4 M YYY 1-+YYF+YI-+YY Y Y t1l rl �p tC �O tp �O �O �O 10 �O �O �O �O OD OD CD CD 00 OD tntnA.PWWNNYYOOtOpDODODaJ;U til ►-+ N w �0.3 y t3l7. Y Y Y Y Y Y ►+ Y Y Y N NNVIV1aa00NNAA0�0►ODODO H 00000000o00000000 0000OOCU0CDC 00000004' M O O O O O O O O O O O O O O O O O ro (� O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 W tii . • . • . . • . . • . . • . • • . • O O O O O O O O O O O O O o 0 0 0 0 O O O O O O O O O O O O O O O O O O O N N N N N N N N N pU O t11 UN (n Vl O O O O O ;U . . . . . . • • • • N 0 0 0 0 0 0 0 0 0 0 z 00 O O O O O 0 o O C� O O O O O O O O O O H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O,b 0000000000000000000r M+HFr Fr N N N N W W W W W W H AAtow00NN00►00 WWaJH 0101 W w00aatn VINN00 a J 0 tJ w 00 OD a J 0► 0► to vI O O uI uI O O to to O O . . . . . . . . . . . . . . . • . Ja(nlnNNCO 000000000OW tn1n0OW kno00000000000H k 1, �,\ �,\ �,%�, �, r,% t"<< k, t N W N N N N N N N N N �0 N to 0► I-+ 0► r+ N N N N W W W W W w C� WAA�D�CAA0000NN0\O�OOWWaJ O J010\W WOOJaInlnNN00 aJ Vt V1►O C tJ10000a-40%01000C:k0 Un000000 T Oaaln VINNOOd000000000 f0 ON�nOOtJltn000000000000H 0 J a J Y �+ Y Y ►+ Y Y N N O� N 00 cob. 0 d\ 00 i-• 0\ 1+ a N 10 N 1� W N W t 0100► 0►ONN VIOO�OAW AJODH AO► F+1-•00 J C. WOW WF-'0►�O �ih'NWNJ0 Oda AN NA(n Y+ ,Q V1OU► NtpaANInMMWWWWNWW0►ood\W O • • • • • • • • • • • • • • • • • • • • • • N psi O OD000 00000 00ln6A I �ONA01 zpJaN A00 F+NN �A WA ONt00%J0%awWJ%D00�mOF+00VI 00000000000000000o H aaaJmo+rno►o�rna�rnma►rnrntou+ `>d 000OODOOJaO�O�0�111WNr0aal =i 000oaalnlnNNNOJjwNow Moo g zy m A N GBH I °xH taj H O W C! we W O �ro°d to IV H tt1i N N O v O Y O �D O 0 J O O 00010tnv►000Ul00Ul00000Hm 00000000000000 0000t�C 000000000000000000 � i L .j U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1987 January 30, THE Gp/EpyMENT ,UUiONAL MOpTW0E�550G�TiON FINANCE DIRECTOR CITY GF KENAI 210 FIDALGD STREET 1 (202) 755-5593 KENAI • ALASK A 99b 11 I Dear Sir/Madam: - - -' One of the highest goals of this Administration is to cut - costs and streamline Federal operations. in furtherance of and bondPortfolios this initiative, a sednu held by various Governmentgenc forsale the private sector. The purpose of this letter is to advise you of the Urban Development's (HUD's) intent to Department of Housing and an nds its portfolio of public facilitiestooredeemLitsobondsnat l^ sell provide your colY an attractive price. Secretary Samuel R. Pierce, Jr., has designated the Assaciation (GNMA) to administer Government National Mortgage at are not the PFL bondsale on .to privateBons ackagedlandf soldHUD investors. redeemed P Bonds Can Be Purchased at a Discount Outstanding PFL bonds that are in a current status (and 90 days) can be purchased have been for at least the preceding directly from the Government at a discounted price. The price j will be equal to the net present value of the bonds, oosts tobeted' servicing and administrative iii for the estimated saved by the Government. Communities can apply monies that have accumulated in extension and respective bond escrow accounts, such as reserve, and others, to retire the bonds. improvement, redemption To take advantage of this discount offer, your community HUD -held bonds prior to May 29, must redeem its outstanding 1987. - - -- E -,J �j. I The Advantages o Buying the bonds at a discounted price may save your community money. Prior to this offer, HUD only X permitted redemption of PFL bonds at par value. �,•+. sT�t, o Your community may already have sufficient monies in se RiTcs�e1 its respective bond escrow accounts to redeem the x bonds (or defer the cost of buying the bonds) at a discount price. A number of communities have large amounts of escrow monies in low yielding accounts and investments. These monies can be used to retire your bonds at a favorable price. 1 e e KM 4, o By redeeming the bonds, your community would no y`4sj longer have to comply with fiscal, security, x fJr�" financial, audit and other Federal requirements mandated under the present bond convenants. o Bonds that are redeemed will help cut Government administrative expenses and return monies to the Treasury, which will help reduce the Federal deficit. How to Participate This is an attractive offer that should be considered by your community. Please review the enclosed worksheet entitled "Present Value and Discount Price Calculations." If you are interested in pursuing this offer, the enclosed form must be received by GNMA not later that March 25, 1987. I encourage you to carefully study the merits of this offer and hope you will participate in this important initiative. L Enclosure Very truly yours, Glenn R. Wilson, Jr. President A KM C 7.30.040 Airport Terminal Facilities System Created: The Airport Terminal Facilities System (hereinafter called the "Terminal System") of the City is hereby created, which shall consist of the Airport terminal facilities, Airport terminal buildings, and motor vehicle and pedestrian approaches thereto, motor vehicle parking areas, necessary utility systems, and airport terminal related facilities, and all other related facilities which may be added to the Terminal System for as long as any of the Bonds and any Parity Bonds are outstanding: 7-10 (City of Kenai Supp. #7 - 2/10/81 L r r, 41 we 7 C 7.30.040-7.30.060 1. In accordance with the provisions of this chapter hereinafter set forth relating to the issuance of Parity Bonds; or 2. By other lawful proceedings in which such additional related facilities are specifically declared to be a part of the Terminal System by the City Council. (Ords 99, 339) 7.30.050 Airport Terminal Enterprise Fund: That there be and is hereby created another special account of the City to be known as the "Airport Terminal Enterprise Fund." The City hereby covenants and agrees that all charges, income, and revenues arising from the operation or ownership of the Terminal System shall be deposited to the credit of the Airport Terminal Enterprise Fund and held in the custody of the Treasurer of the City separate and apart from all other' funds. Such Airport Terminal Enterprise Fund shall be maintained so long as any of the Bonds and any Parity Bonds are outstanding in a bank which is a member of the Federal Deposit Insurance Corporation, and shall be expended and used by the City only for the purposes and in the order specified below. Current expenses of the Terminal System shall be pay- able as a first charge from the Airport Terminal Enterprise Fund as the same become due and payable. Current expense at the Terminal System shall include all necessary operating expenses, current maintenance charges, expenses of reason- able upkeep and repairs, properly allocated share of charges for insurance, and all other expenses incident to the operation of the Terminal System, but shall exclude depreciation, all general administrative expenses of the City, and the payments into the R & R Reserve Account hereinafter provided for. (Ords 99, 339) 7.30.060 Terminal Revenue Bond and Interest Sinking Fund Account: (a) That there be and is hereby created another special account of the City to be known as the "Terminal Revenue Bond and Interest Sinking Fund Account" (here- % in a ore defined as the in ing Fun Accoun , which shall be at all times completely segregated and set apart from all other funds of the City and shall be a trust fund for the security and payment of the principal and any interest on the Bonds and of and on any and all Parity Bonds as the same % shall become due. (b) After providing for the payment of current expenses of the Airport Land System and the Terminal System, the City shall transfer from the Land Fund Account and the Terminal Revenue Fund Account, and deposit to the credit of the Sinking Fund Account on or before each May 15 and November 15, commencing with November 15, 1966, a sum which, together ..Us -„m CAI ."roar i nf-arAGt t erein ari interest for rrent interest perioa cnar s interest during construc 7-11 onstruction sufficient to (City of Kenai Supp. #4 - 7/22/80) i • J z N WA i �iiW�Yr _7" = 7.30.060-7.30.070 Pav the interest on the Bonds as the same shall become due. (c) The City hereby further covenants that beginning --� with rIay 15, 1968, and on or before each November 15 and May + , 15 thereafter it will, after providing for the payment of 7 r current expenses of the Airport Land System and Terminal System, transfer from the Land 2und Account and the Terminal " Revenue Fund Account and deposit to the credit of the Sinking 3 Fund Account,_ the balance in the Land Fund Account and = h Terminal Revenue Fund Account until the funds and/or invest- S ments in the Sinking Fund Account are sufficient to meet the interest on the outstanding Bonds due on the next interesE payment ate an o the principal due within the next r succeeding 12 months, plus a debt service reserve in the sum of $52,500, and thereafter on or before each May 15 and November 15 will pay such sums from the Land Fund Account n and the Terminal Revenue Fund Account in the Sinking Fund Account as may be necessary to meet the interest due on the Bonds on the next interest payment date and 1/2 of the principal of the Bonds due within the next succeeding 12 months, and still maintain such debt service reserve in the sum of $52 500. ( ) In the event that money and/or direct obligations of the United States of America maturing at such time or times and bearing interest to be earned thereon in amounts (- sufficient to redeem and retire the Bonds in accordance with their terms are set aside in the Sinking Fund Account to effe ct such redemption or retirement and such money and/or IN the principal of and interest on such obligations are ir- revocably set aside and pledged for such purpose, then no further payments need be made into the Sinking Fund Account for the payment of the principal of and interest on the Bonds, and the Bonds and the appurtenant coupons shall cease to be entitled to any lien, benefit,or security of this chapter, except the right to receive the funds so set aside and pledged, and the Bonds and/or such coupons shall be deemed not to be outstanding hereunder. (Ords 99, 339) 7.30.070 Terminal System Repairs and Replacement Reserve Account: That there be and is hereby created another . special account of the City to be known as the "Terminal System Repair and Replacement Reserve Account" (hereinbe ore defined as the R & R Reserve Account"). The City hereby { covenants, as soon as the debt service required in Section 7.30.060 hereof has been accumulated, that it will deposit 'from the Terrnina Revenue Fund Account on or betore trie close of eacH fiscalyear the sum of $1,200 or such portion Tfiereof as is available for transfer annually, until the un s and or investments in the R & R Reserve Account shall aggregate $12,000 and thereafter that it will so transfer such sums, but not more than $1,200 annually, as may be required to restore and maintain such balance of $12,000. (City of Kenai Supp. #4 - 7/22/80) 7-12 Aft F p. i. _3 iY si ,r 7.30.070-7.35.020 All monies in the R & R Reserve Account may be drawn on and used by the City for the purpose of paying the cost of unusual or extraordinary maintenance or repairs, renewals and replacements to the Terminal System not paid as part of the ordinary and normal expenses of Terminal System operations. It is hereby further provided, however, in the event the funds in the Sinking Fund Account should be reduced below the debt service reserve of $52,500, that funds on deposit in the R & R Reserve Account shall be transferred to the Sinking Fund Account to the extent required to eliminate the deficiency in the latter account. (Ords 99, 339) W L CITY OF RENAL, ALASRA Airport Terminal Enterprise Fund Balance Sheet June 30, 1986 and 1985 ASSETS Current Assets: Equity in Central Treasury, Unrestricted i Customer rentals receivable Less allowance for uncollectibles Total Current Assets Equity in Central Treasury, Restricted: Revenue bond debt service reserve '�*W 7d 6— Repair and replacement reserve e:.q,-,d Total Equity in Central Treasury, Restricted Property and Equipment in Service, at Cost: Land Buildings Equipment Improvements other than buildings Total Property and Equipment in Service Less accumulated depreciation Net Property and Equipment in Service Total Assets 75 1986 $ 363,054 K 7,224 (7,224) 354 66,625 12,000 7: 78,625 6,043 2,463,471 12,425 672,386, 3,154,325 (538.497) 2,615 ,828 $ 3,057,507 1.198 $ 252,212 8,157 (3►592) 256,777 64,406 12,000 76,406 I6,043 2,463,471 12,425 I 669,573 3,151,512 (428,486) 2,723,026 3,05� 66 209 LIABILITIES, CONTRIBUTIONS, AND r} RETAINED EARNINGS ' Current Liabilities: -- -. t Payable from Current Assets: Accounts payable Other liabilities Payable from Restricted Assets: Current portion of revenue bonds payable Total Current Liabilities Long-term portion of revenue bonds payable Total Liabilities 1 Contributions: From the City of Kenai From Federal and State Governments From others _---_ Total Contributions Less accumulated depreciation t Net Contributions �-y 8 ' +� Retained Earnings: Revenue bond debt service reserve '-'o•.id Repair lu and replacement reserve Unreserved-undesignated `l Total Retained Earnings Total Liabilities, Contributions, and Retained Earnings y ` V The accompanying notes are an integral part of _ T the financial statements. 76 iz r- EXHIBIT G-1 i i 1986 1985 t S 7,416 $ 11,059 17,274 26,012 i 20 , 000 15,000 000 44,690 52,071 200 000 220,000 r 244,690 272,071 '! i 338,393 338,393 2,074,251 2,074,251 - 12,000 12,000 2,424,644 2,424,644 (249,549) (176,254) 2,175.095 2,2�` ---A 46,625 49,406 —� 12,000 12,000 579,097 474,342 ti 637,72222 535,748 3,057,507 $ 3,056.209� j t ICJ �i ti- I NEW TO: Kenai City Council ; FROM: Charles A. Brown, Finance Director t , DATE: March 6, 1987 I SUBJECT: Schedule of Budget Adoption ! The annual budget and tax levy must be adopted by June 10, 1987. The last regular Council Meeting prior to the June 10 deadline is June 3rd. Unless ! Council desires a Special Council Meeting, June 3rd is our effective time limit for budget adoption. Other legislative matters need Council attention as well; these are included below. This is a working schedule to help you decide when you might want to conduct budget worksessions. 3-19-87 -- 5-13-87 Council Worksessions 5-6-87 Intro. Ordin. on anniversary dates (personnel code) 5-6-87 Intro. Ordin. on Police Trainee position (personnel code) 5-20-87 Adopt Ordin. on anniversary dates (personnel code) ! 5-20-87 Adopt Ordin. on Police Trainee position (personnel code) 5-20-87 Intro. Ordin. on Budget 5-20-87 Resolutions on lease rates (Airport Land and Terminal) 5-20-87 Resolution on dock rates (Boating Facility) 6-3-87 Adopt Ordinance on Budget 6-3-87 Resolution on mill rate ! 6-3-87 Motion to set Clerk's salary Other business relates to the Boating Facility that must come before Council to be effective for June, 1987 activity: 4-1-87 Intro. Ordin. on new positions and pay (Boating Facility) 4-15-87 Adopt Ordin. on new positions and pay ((effective 5-15-87) 5-6-87 Intro. Ordin. for June budget (Boating Facility) 5-20-87 Adopt Ordin. for June budget (Boating Facility) �,,5A,667897�,i F KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES FEBRUARY 17, 1987; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA -AGENDA - Paste No N`g',• 'rF,y'�A. �` TO ORDER 1 3�'Z PLEDGE OF ALLEGIANCE 1 C. INVOCATION, Assembly Member Karen McGahan 1 D. ROLL CALL 1 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: February 3, 1987 1 Appvd G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, O'Connell, Nash, Fandel, Johnson) 1 (b) Lands/Resources (Skogstad, Johnson, McGahan. Mullen) 1 (c) Legislative/Policies (Glick. Phillips. Carey. Crawford) 1 (d) Local Affairs (Moore. Phillips. Fandel, Mullen, Walli) 1 (a) Public Works/Education (McLane, Skogstad. Walli, McGahan, Keene) 2 (f) Data Processing (Johnson) H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA 2 Adpt (a) Res. 87-10 "Naming the High School Being Constructed ou3 tM-37-Soldotna the Skyview High School" (Carey, McLane, Moore, Mullen. O'Connell) (b) Res. 87-19 "Requesting the Governor and Legislature to pp y a Fairness Principle When Preparing and Adoptiag the Alaska State Budget for FY 88" (Glick) (c) Res. 87-20 "Supporting Bradley Lake Hydroelectric ro ec and the Proposed Railbelt Area Electrical Transmission Interties (Glick) (e) Res. 87-22 "Objecting to Closure of Certain District ecoAidTE—g Offices and Requesting the State Legisla- ture to Take Affirmative Action (Mayor/Phillips) J. ORDINANCE HEARINGS (a) Ord. 86-101 "Amending RPB 21.12 to Prohibit the Disposal or Storage of Hazardous Waste" (Nash) REF: WDC Ord. 86-101(WDC SBST) "An Ordinance Relating to e Siting of Hazardous Waste Management Facili- ties" (Mayor. Req. Waste Disposal Cmsn.) 88 2�/atp� (b) Ord. 87-5 "Reclassifying Borough Lands, and Approving e on to Lease 'Ladd Landing". with Accompanying 3 Enctd Lease, Port Management and Easement Agreements' (Mayor) (c) Ord. 87-7 "Appropriating $25,000 to the Legal Department" yor 4 Enctd i L K. L. M. N. 0. P. Q. R. S. T. INTRODUCTION OF ORDINANCES Pace No.`s (a) Ord. 87-10 "Prohibiting Waivers by the Assembly. Raising _y Fees, Clarifying Isolated Rentals, Providing fat Rewards. Clarifying Confidentiality.of Agreements for Payment and Providing for More Uniform Enforcement of Salsa Tax Ordinances" (Nash) 4 St Br 3/17 ` (b) Ord. 87-11 "Amending XPB Chapter 5.04 to Provide for Annual Budgets with Five Year Projections; Charging of Central Administrative Costs for Schools, Service Areas, _ Grants and Non -General Fund Programs to Those Budget Accounts by Cost Allocation Where Actual Costs Cannot Be Determined, and Providing for Budgeting by Function "= or Program rather than by Line Item" (Nash) 5 St Hr (c) Ord. 87-12 "Appropriating $100,000 to the South Kenai 3/17 en nau a ad Maintenance Service Area for the Con- struction of Chakok Road Bridge" (Mayor) 5 St Hr 3/17 • CONSIDERATION OF RESOLUTIONS (a) Res. 87-17 "Requesting the Fifteenth Alaska Legislature to un ad Maintenance as Provided in Alaska Statutes 29.60.110" (Mayor) 6 Adpt (b) Res. 87-18 "Reinforcing the Actions Taken by the Kenai enPin'sula Borough Assembly in the Past That Endorses the Assembly Membership in the Alaska Municipal League and Reconfirming Payment of League Dues By the Borough for This Present Year" (Phillips/Glick) 7 Adpt (c) Res. �87-21_P"Urging the Legislature to Retain the Present ur en o too in Real Property Assessment Procedures by Opposing the Enactment of RB34 and SB77" (Glick) 8 Adpt (d) Res. 87-23 "Accepting the Bid for Development of the oro8 ug- urchasing Ordinance and Purchasing Manual" (Mayor) 8 Adpt PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting.) (a) Ord. 86-85 (Nash) POSTPONED INDEFINITELY (b) Ord. 86-94 (McGahan) POSTPONED TO 3/17/87 (c) Ord. 87-9 (Mayor) HEARING 3/4/87 (d) Res. 87-9 (Mayor) POSTPONED TO 3/3/87 (e) Res. 87-14 (Mayor) POSTPONED TO 3/3/87 FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Duane Anderson: Budget Responsibility of the Assembly as to Affects on School District Budget 9 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA 9 MAYOR'S REPORT 10 OTHER BUSINESS ASSEMBLY AND MAYOR'S COMMENTS (Motion RE: Business Cards) 10 Dftd INFORMATIONAL MATERIALS AND REPORTS �> NOTICE OF NEXT MEETING AND ADJOURNMENT (March 3, 1987) L KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES FEBRUARY 17, 19871 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the Assembly was called to order by President Jonathan Sewall at 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Assemblymember Karen McGahan. D. ROLL CALL PRESENT: Assemblymembers Carey*. Crawford, Fandel, Glick, Keene, Johnson, McGahan, McLane, Moore, Mullen, Nash, O'Connell, Phillips, Sewall, Skogstad, Wallij Mayor Thompson. Adorn. Asst. Best, Atty. Boedeker, Finance Director Barton. Assessor Thomas, Borough Clerk Brindley *Excused until 9 p.m. ABSENT: None E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the February 3, 1987 regular meeting were approved as written. G. COMMITTEE REPORTS y (a) Finance (Crawford, Carey. O'Connell, Nash, Fandel, Johnson) Mr. Crawford reported most of the items discussed are agenda items: also recommended was the placement of Ord. 87-13 (new) on the Consent Agenda for introduction with an early hearing date of March 3. (b) Lands/Resources (Skogstad, Johnson. McGahan, Mullen) Mr. Skogstad reported representatives of Diamond Shamrock met with the committee at 3 p.m. to discuss Ord. 87-5. In addition they discussed Ord. 87-14 and the Planning Commission's decision not to draft a comprehensive plan for the Kenai River corridor as directed by Res. 86-135. (c) Legislative/Policies (Glick, Phillips. Carey. Crawford) . Mrs. Glick reported the committee recommended placement of Res. 87-20, 87-21 and 87-22 on the Consent Agenda. Another item discussed was providing business cards to Assembly members. Legislative bills submitted as of Feb. 12th were discussed and assigned to appropriate committees for study and recommendation. She reported there is a possibility that the debt retirement bill introduced last year and lobbied against. may be resurrected again this year. She also reported allowing the municipalities to restructure their bonds may mean downgrading of the states bond rate. Pres. Sewall asked for volunteers to serve on the Legislative Cmte. as bill review is a time consuming process. (d) Local Affairs (Moore, Phillips, Fandel, Mullen, Walli) Mr. Moore reported in addition to agenda review they met jointly with the Lands Cmte. on the coal proposal. They recommended Res. 87-22 and 87-10 be moved to the Consent Agenda and addition to the agenda of Res. 87-24. { -1- �; Ff r L r- KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 17 1987 (e) Public Works/Education (McLane, Skogstad, Walli, McGahan. Keene) Mr. McLane reported the committee heard a brief report from staff on budget constraints for the next fiscal year and a construction update from Mr. Rosak of MR. The March 3 meeting will begin at 4:30 p.m. in order to hear a presentation on the furnishing and equipment budgets for schools under construction, by school district staff. The committee recommended removal of Res. 87-17 from the Consent Agenda. (f) Data Processing (Johnson) No meeting. R. MOTIONS TO RECONSIDER (none) 1. AGENDA APPROVAL AND CONSENT AGENDA Pre*. Sewall stated in response to committee reports he would remove Res. 87-17 to L(b) and add Res. 87-10, 87-20, 87-21, 87-22 and adding Ord. 87-13 for introduction, setting hearing for March 3. Mrs. McGahan objected to placement of Res. 87-21 on the Consent Agenda, Mrs. Glick noted corrections which should be made to Res. 87-20, changing "we" to "the Assembly" in the 2nd Whereas and adding "Bradley Lake" prior to "project" in Section 1, paragraph 1. There was no objection to the amendments. Pres. Sewall noted the request to add Res. 87-24 under Item L and Mrs. McOahan objected. She reported receiving calls from people interested in the Kenai River plan and she had told them it would not be on the agenda. She believed it should wait for the next meeting in order to receive notice. Mr. McLane concurred. Mr. Mullen supported the addition as he felt much time had already been lost on this important issue. VOTE WAS CALLED ON THE ADDITION OF RES. 87-24 TO THE REGULAR AGENDA AND IT FAILED BY THE FOLLOWING 6 YES TO 9 NO VOTE: (Carey absent) YES: Phillips. Walli, Mullen, Moore, Glick. O'Connell NO: Nash, Keene, Crawford, Sewall, McGahan, Skogstad, Fandel, McLane. Johnson The agenda was approved and Consent Agenda adopted, following the opportunity for public to address Consent Agenda items, as follows: (a) Res. 87-10 "Naming the High School Being Constructed ou o oldotna the Skyview High School" (Carey, McLane, Moore, Mullen. O'Connell) (b) Res. 87-19 "Requesting the Governor and Legislature to ppi ply aifairness Principle When Preparing and Adopting the Alaska State Budget for FY 88" (Glick) (c) Res. 87-20 "Supporting Bradley Lake Hydroelectric Project and the Proposed Railbelt Area Electrical Transmission Interties" (Glick) (d) Res. 87-22 "Objecting to Closure of Certain District recording Offices and Requesting the State Legislature to Take Affirmative Action" (Mayor/Phillips) J- ORDINANCE HEARINGS (a) Ord. 86-101 "Amending KPB 21.12 to Prohibit the Disposal or Storage of Hazardous Waste" (Nash) REF: WDC Ord. 86-101(WDC SBST) "An Ordinance Relating to the biting of Hazaidous Waste Management Facilities" (Mayor, Req. Waste Disposal Cmsn.) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 86-101. -2- 0 L a F T s� r., P. t� c _1 R lr2y( 1! 4 i r- MMI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 17, 1987 Mr. McLane reported the Public Works Cmte. recommended enactment of the haste Disposal Commission Substitute. Public hearing was opened. VAN` reported having contacted DEC on the reference to IS V`the WDC Substitute and was told the state regulations have not been adopted as yet. She felt it was premature to enact an ordinance which includes regulations that are not in effect. Also, there were restrictions in the draft copy Section 4 which the packet copy did not contain. She recommended Mr. Nash's proposal to be passed. Joe Arness, Chairman of the Waste Disposal. Commission stated Mrs. ss8i oTpoint is well taken, the regulations are not in place now. Be has been advised the regulations are in the Dept. of Law being checked for legality prior to becoming effective. The reason for incorporating these regulations in the ordinance was that they allow the Borough a window to become involved in the process without taking on additional powers or falling into the gray area of whether DEC has transferred that authority. He saw no problem with delaying until the regulations are effective. Regarding the portions deleted from the draft copy he stated they had been taken out of the regulations as well. He noted Section 1 reserves for the Borough the option of establishing its own criteria which is at least as stringent as the DEC's and Section 2 refers only to the DEC criteria as it has been received. Public hearing was closed. ASSEMBLYMEMBER NASH MOVED TO AMEND TO SUBSTITUTE THE WDC SUBSTITUTE AND THEN TO POSTPONE IT UNTIL APRIL 7. Mr. Nash requested the original ordinance be brought back as informa- tional material with the Substitute at that time. He believed the final state regulations should be in hand before the final ordinance is enacted: further amendment might be required. THE MOTION TO AMEND WAS APPROVED BY UNANIMOUS CONSENT AND THE POSTPONEMENT TO APRIL 7 WAS APPROVED BY UNANIMOUS CONSENT. (b) Ord. 87-5 "Reclassifying Borough Lands, and Approving e on to Lease 'Ladd Landing", with Accompanying Lease, Port Management and Easement Agreements' (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 87-5. Mr. Skogstad reported a good turnout for the committee meeting with certain changes in the lease made since printing of the packet reported. The cost of the port option to lease was set at $30,000 per year for the first 3 years with an increase to $50,000 per year for the remaining 12 years of the lease option. Another item was the amount to be paid for sand and gravel extraction from Borough pits in the area. Mr. Crawford reported a "do pass" from the Finance Cmte. and time is money in this instance. Public hearing was opened. Dennis Carlson, Kenai, stated his interest in the development of resources w c will bring additional revenues as well as provide jobs for residents. He noted a letter from Diamond Shamrock states only single status housing will be available at the site with transport to the Kenai area. Bill Evans, Vice President of Diamond Alaska Coal Co. and Vice Presi- dent of Tidewater Services Corp. which is named as leasee in the documents. He felt much progress had been made since October in reaching an agreement which is beneficial to the Borough as well as - 3 - J SKENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF_FEBRUARY 17, 1987 to Diamond Alaska and development of the West side of Cook Inlet. He noted numerous public hearings had been held and asked Assembly support. He stated the document is actually a property rights while the Borough owns the land they need to use, several government entities have jurisdiction in terms of required permits. He stated ^� completion of this agreement will facilitate finalisation of their A to the application for engineering and planning. recent amendment a permit through Dept. of Fish and Game was made to include Ladd Landing along with Granite Point. � Luke Franklin, Diamond Alaska. answered questions regarding the n? pmitting process by stating the proposal is under Coastal Zone er the review which includes the mine permit, the transportation system, Granite Point area, the offshore lease, housing site, landing strips and material sites. The environmental impact statement, the dis- charge permits, the 404 under Corps of Engineers as well as others ;.? are all in process. Mr. Skogstad asked if dual use of those facilities by another company was foreseen. Mr. Franklin stated that was anticipated with the _. potential of a number of different uses. The facility to be designed { will have excess capacity. Tom Mears, Cook Inlet Aquaculture Assoc., reported he has been for there would be _ Foiling the proposal several years and although some environmental impacts, that the existing permitting process would handle those very adequately and he had no concerns with the fiproject. ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND SECTION 2 BY CHANGING THE DATE OF "December 20th" to "February 17, 1987" AND PLACING A PERIOD AFTER "revision". THE PERIOD ALSO ADD AT THE END OF SECTION 3, REPLACING WITH A COMMA, "including changes to terms for removal, excavation, use and payment for soil, sand and gravel that are a part of the _. t••. .-.,._,,,, option premises." AS RECOMMENDED BY LEGAL STAFF. MOTION WAS APPROVED BY UNANIMOUS CONSENT. Mr. Nash stated the packet is complete and the proposal a good one but he regretted that interested people who live on the other side of - the Inlet were not able to attend tonight's meeting. Atty. Boedeker stated provisions concerning gravel, etc. mentioned by be inserted Mr. Skogstad were only completed today and they would into the lease agreement dated this date. ORD. 87-5 WAS ENACTED AS AMENDED BY UNANIMOUS CONSENT. (c) Ord. 87-7 "Appropriating $25,000 to the Legal Department" yor ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 87-7. Mr. Crawford a unanimous "do pass" recommendation from the Finance Cmte. It is funding that will be needed for litigation that will be coming up before the end of the fiscal year. There was no public comment. j; Atty. Boedeker reported being at the discovery stage of a lawsuit, having to Juneau and a large amount of data which needs gone gathered to be tabulated for trial. ORD. 87-7 WAS ENACTED BY UNANIMOUS CONSENT. K. INTRODUCTION OF ORDINANCES -----_ --= (a) Ord. 87-10 "Prohibiting Waivers by the Assembly. Raising Providing evenues by Fees, Clarifying Isolated Rentals, for Rewards, Clarifying Confidentiality of Agreements for Payment and Providing for More Uniform Enforcement of -': Sales Tax Ordinances" (Nash) - 4 - _ ... =.i { �e 0 { 1: a� ` t } • :J <r °d rt i . L F KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 17, 1987- AS8EM$LYMEMBER NASH MOVED TO SET ORD. 87-10 FOR HEARING ON MARCH 17. Mr. Crawford reported the Finance Cmte. had no objection to introduction of these ordinances and would be taking them up in future committee sessions. Mr. Moore stated Local Affairs Cmte. also recommended introduction with a workshop to air both this and Ord. 87-11 to include participation by representatives of the cities since they involve mutual concerns. Mr. Nash stated his concern over whether the Assembly has the authority to take certain actions in regard to tax delinquencies. Also there are inconsistencies he felt needed to be dealt with. He agreed with the workshop idea to get input from all parties concerned. Mrs. McGahan expressed disagreement with the effort to eliminate the Assembly as the last chance people have before they go to court. Mr. Moore expressed his intention to eliminate Section 4 which would cause a charge of fee for business people to collect sales tax. ORD. 87-10 WAS SET FOR HEARING BY A VOTE OF 14 YES TO 1 NO McGahan voting No. (b) Ord. 87-11 "Amending KPB Chapter 5.04 to Provide for ua u gets with Five Year Projections Chargingg of Central Administrative Costs for Schools, Service Arass, Grants and Non -General Fund Programs to Those Budget Accounts by Cost Allocation Where Actual Costs Cannot Be Determined, and Providing for Budgeting by Function or Program Rather than by Line Item" (Nash) ASSEMBLYMEMBER NASH MOVED TO SET ORD. 87-11 FOR HEARING ON MARCH 17. Mr. Crawford and Mr. Moore expressed agreement of the two committees of setting for hearing with referral for further study at the same workshop. Mr. Nash stated this ordinance was written in response to the cost allocation contract considered at the last meeting. Portions were based on comsaants received from the local chambers of commerce. He stated the basic change is that at present there is a line item budgeting method and the Assembly concerns itself with detail when after approval the Mayor has the authority to move dollars to any line item he wishes within the department. He felt it would be more productive to look at the total picture by function or program rather than line item. Mr. Moore asked that representatives of the service areas be contacted for the workshops in addition to the cities. ORD. 87-11 WAS SET FOR HEARING BY UNANIMOUS CONSENT. Pres. Sewall stated his hope the amendments being considered would be prepared for copy prior to the workshop. Mr. Moore requested the attorney write an amendment which would allow interest earned to be allocated to the various affected entities as Mr. Barton indicated was intended. Mayor Thompson suggested the committees also consider the memo from Mr. Reeves in regard to Ord. 87-10. (c) Ord. 87-12 "Appropriating $100,000 to the South Kenai en nsu a oad Maintenance Service Area for the Con- struction of Chakok Road Bridge" (Mayor) ASSEMBLYMEMBER MOORE MOVED TO SET ORD. 87-12 FOR HEARING ON MARCH 17. Mr. Crawford reported the Finance Cmte. discussed the ordinance and some concerns were expressed on the balance of matching funds. i ,if r MAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 17, 1987 It was explained there was $250,000 and matching amount that was divided equally between the 4 road service areas and the remaining funds went out on a first come first serve basis. The Central and North areas have not had an emergency such as this and so does not have the matching federal funds. Mr. Moore reported Local Affairs' mirrored Finance's concerns and discussion and also that there was not a formal request on the part of the South Peninsula Road Board included in the application. Mr. McLane reported the Public Works Cmte. recommended hearing and passage of the ordinance. Mrs. Valli referred to minutes of the So. Road Maintenance Service Area Board in the desk packet which includes discussion of the project and funding. ORD. 87-12 WAS SET FOR BEARING BY UNANIMOUS CONSENT. L. CONSIDERATION OF RESOLUTIONS (a) Res. 87-17 "Requesting the Fifteenth Alaska Legislature toad Maintenance as Provided in Alaska Statutes 29.60.110" (Mayor) ASSEMBLYMEMBER MOORE MOVED THE ADOPTION OF RES. 87-17. Mr. Moore reported the Local Affairs Cutts. recommended passage. He stated the road maintenance program has been an important inovation to the Borough in the last several years and wished to see it continue. Mrs. Glick reported Legislative Cmte. recommended passage also. Mr. McLane reported the Public Works Cmte. discussed the developing practice of addressing legislative bills by resolution which he saw as counter productive to the priority list preppared and sent previously to the legislature. He believed it would be preferable to this request for consideration along with several others proposed and send one package to Juneau rather than a few from each meeting. Mrs. McGahan recalled when the road maintenance service areas were voted in it is stated only state funds were to be used and when no more were available the program would be stopped. She expressed her support of the program as long as state funds were used but since it is one of the most recent programs put in place, now that funding is being cut, it should be one of the first to be eliminated. Pros. Sewall noted the arrival of Assembly member Carey. ASSEMBLYMEMBER MCLANE MOVED THE POSTPONEMENT OF RES. 87-17 UNTIL MARCH 17. Mr. McLane stated he would like to see how the school funding and debt retirement settles out and determine if the priority is to back full funding for schools or opt for a commensurate level of funding for the overall operating budget. Mr. Moore confirmed that the road maintenance allocation to the cities would be effected as well as those to the outside areas. He stated from his experience as a road maintenance service area board member there had never been such a popular program with the public. THE MOTION TO POSTPONE WAS DEFEATED BY A VOTE OF 4 YES TO 12 NO AS FOLLOWS: YES: Carey, McGahan. O'Connell, McLane NO: Nash, Phillips, Keene, Walli, Mullen, Crawford, Moore, Glick, Sewall. Skogstad, Fandel. Johnson - 6 - 0 3 -X 35 o y C r r 4 , ` 4 MAI PENINSULA B=UGII REGULAR ASSEMBLY MEETINC OF FEBRUARY 17, 1987 — RES. 87-17 WAS ADOPTED BY A VOTE OF 15 YES TO 1 NO; McGahan voting No. 1 (b) Res. 87-18 "Reinforcing the Actions Taken by the Kenai Peninsula rough Assembly in the Past That Endorses the Assembly Membership in the Alaska Municipal League and Reconfirming Payment of League Dues By the Borough " n for This Present Year" (Phillips/Glick) ASSEMBLYMEMBER PHILLIPS MOVED THE ADOPTION OF RES. 87-18. Mrs. Glick reported the Legislative Cmte. reviewed and recommended passage of the resolution. She spoke of the value of the League in the past as a lobbying group in Juneau and its formation in order for all municipalities in the state to have a forum for discussion of mutual needs and problems. She also addressed the dues break down between the Borough and its cities, stating if the Borough does not pay the budgeted dues, the cities would be required to pay substan- tially more which they have not budgeted for this fiscal year. She ; pointed out the Borough receives its Municipal Assistance and revenue sharing money based on its total population. Mra. Phillips stated her support for AML particularly this year is based on the strength of the lobby for issues such as the bond _. restructuring proposal. She urged support for the program in motion. The total cost of participation in the League was discussed including travel costs which might take it $30.000-$38.000. ASSEMBLYMEMBER MULLEN MOVED TO AMEND TO ADD TO SECTION 1, "providing that the base rate and the per capita fee is applied only to the population outside all incorporated cities in the Borough." Mr. Mullen commented the Borough has been picking up the per capita tab ($.53) for the entire Borough and he did not think the cities would mind paying their own way. He stated $7,000 - $10,000 would be saved by the amendment. In further discussion it seemed to be agreed if the cities were required to pay what could appear to be their share, they should be allowed to budget for the next fiscal year. Other discussion addressed the lack of balance in the AML structure, since all communities, regardless of size, hold the same authority of one vote, giving the advantage to areas with many small communities, while the dues, based on population, are being paid by the larger ones. THE MULLEN AMENDMENT FAILED BY A VOTE OF 3 YES TO 13 NO AS FOLLOWS: YES: Mullen, Carey. McGahan NO: Nash, Phillipp9, Keene. Walli, Crawford, Moore, Glick, Sewall, O'Connell, Skogstad, Fandel. McLane, Johnson ASSEMBLYMEMBER MULLEN MOVED TO AMEND BY ADDING SECTION 2 TO READ: "That the total associated costs over and above membership costs to the Borough by its membership in the Alaska Municipal League, including travel and lodging, shall not exceed $5.000." Mr. Mullen stated approximately 50x of the costs associated with membership are travel and lodging expense. At this time anyone who wants to go may advise the President and be accommodated. ASSEM. MULLEN MOVED THE PREVIOUS QUESTION WHICH WAS DEFEATED BY A VOTE OF 8 YES TO 8 NO AS FOLLOWS: YES: Phillips, Mullen, Crawford, Moore. Carey, McGahan, McLane, Johnson NO: Nash, Keene, Walli, Glick, Sewall, O'Connell. Skogstad, Fandel 7 - Li L A _- _- - - .4 - 4f .ry.• KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 17, 1987 THE MULLEN AMMMNT FAILED BY A VOTE OF 4 YES TO 12 NO AS FOLLOWS: Mullen, YES: Walli, Carey, McGahan NO: Nash, Phillips, Keene. Crawford, Moore, Glick, Sewall, O'Connell, Skogstad, Fandel, McLane, Johnson Mrs. McOahan pointed out the main consideration is whether the _. Borough would receive more benefit through AM than if the same funds paid expenses of individual lobby efforts. ; Mrs. Phillips believed a lot of information was available to members through workshops and seminars as well as the exchange of ideas with z participants which could be an advantage to members. The reason for the resolution was questioned, since the dues are in V the approved Assembly budget and it was explained by the Mayor the bill was first mislaid and then questioned due to budget constraints. Following his expressed doubts concerning it at the last meeting, the Assembly resolution, allowing input, was written by the Legislative - Cmte. Mr. O'Connell stated upon his experience in the Legislature. be could not say too much about the value of the AML lobby. Although the r - - - — Borough's participation is currently costing $40,000. nearly half of ., that amount is travel which could be controlled. He felt it would raise credibility questions with the Legislature if the Borough did not join. Pres. Sewall passed the gavel to Vice Pre*. McGaban and stated he heard from the Conference of Mayors that the dialogue which occurs within the League is important and for this year at least he urged - continuing with the association. RES. 87-18 WAS ADOPTED BY A VOTE OF 13 YES TO 3 NO AS FOLLOWS: YES: Nash, Phillips, Keene, Walla, Crawford, Moore, Glick, Sewall, O'Connell, Skogstad. Fandel. McLane, Johnson NO: Mullen. Carey, McGahan (c) Res. 87-21 "Urging the Legislature to Retain the Present ur8� of -proof in Real Property Assessment Procedures €, by Opposing the Enactment of RB37 and SB77" (Glick) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 87-21. Mrs. Glick reported the Legislative Cmte. supported the resolution and also Mr. Aikins and Mr. Thomas of the Assessing Dept. and they stated their support of the resolution. Mrs. McGahan expressed her opposition believing the assessor, who has the better information, should bear the burden of proof rather than the appellant. In discussion it was noted the bills were an attempt to cause some municipal assessors who were not dealing with the public in a fair way to do so. Since the Borough's assessors have not shown the need for such discipline. a change was not viewed as important. RES. 87-21 WAS ADOPTED BY A VOTE OF 15 YES TO 1 NO; McGahan voting No. (d) Res. 87-23 "Accepting the Bid for Development of the roo8—ugh-Turchasing Ordinance and Purchasing Manual" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 87-23. Mr. Crawford reported the Finance Cmte. recommended passage with an - amendment. - 8 - 4 W1, r) 62 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 17, 1987 ASSEKBLMMER CRAWFORD MOVED TO AMEND SECTION 1 BY ADDING "not to exceed $1,250" FOLLOWING "expenses" AND IN SECTION 2, CHANCE "$15,00011 TO 11$14,000". Mr. Barton replied to questions by stating the Borough has good purchasing procedures, bidding and contract procedures. but not a lot of it is in writing and this is needed to avoid confusion. It was being taken from the Assembly's contingency budget to avoid an i. appropriation, as recommended by the Finance Cmtb. The ordinance and working manual were requested from the Legal Dept. months ago and it has not found time to do the project inhouse. THE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. Mr. McLane requested some type of preference for local suppliers be included in the manual for the sake of the local economy. Mr. Johnson stated judgeing from comments be has received the school district as the largest purchaser, would benefit from such a manual. RES. 87-23 WAS ADOPTED BY A VOTE OF 13 YES TO 3 NO AS FOLLOWS: YES: Nash. Phillips, Keene, Walli, Crawford, Moore, Glick, Sewall, O'Connell, Skogstad. Fandel, McLane, Johnson NO: Mullen, Carey, McGahan X. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedl not for action this meeting.) (a) Ord. 86-95 (Nash) POSTPONED INDEFINITELY (b) Ord. 86-94 (McGahan) POSTPONED TO 3/17/87 (c) Ord. 87-9 (Mayor) HEARING 3/3/87 (d) Res. 87-9 (Mayor) POSTPONED TO 3/3/87 (e) Res. 87-14 (Mayor) POSTPONED TO 3/3/87 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Duane Anderson: Budget Responsibility of the Assembly as to Affects on School District Budget Mr. Anderson commented on the need to cut the School District budget following cuts in funding from the State. He stated there were the usual threats of cut programs at the School Board meeting. He stated the citizenry of the Borough would not take a 3 or 4 mill increase without an equal reduction of educator pay. With a few exc ions, teacher pay elsewhere in the country could not match what efst paid Alaskan educators. He reported at one time he was a st for NU but has since been appalled at the inequity in teacher pay. He stated the school district has not been willing to face the real cause of the high cost of education. If the Borough was brought to court as a result of a substantial cut, he felt the Legislature would enact a change to the law. 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA Brad Bradney, Funny River road, stated in reference to Res. 87-24 h: was -lad-the effort to place it on the consent agenda was defeated a he knew a number of people who would like to speak on the Kenai River plan. The subject was important enough to be on an agenda prior to a meeting. 9 Li KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 17 1987 • Pres. Sewall corrected Mr. Bradney's impression the motion was to place it on the consent agenda stating it was to become part of the regular agenda and not all the sponsors were in favor of it being added to this agenda. Sharon Moock, Soldotna, stated in response to Mr. Anderson's comments, that no one should speak for other taxpayers in the Boroughs people she has talked to have indicated they are not necessarily looking for a cut in teacher salaries but perhaps equity within the entire budget process. Her children had attended schools in four different states and this was the finest school district she had seen; one of the reasons being decent salaries for teachers. P. MAYOR'S REPORT Mayor Thompson reported due to nonrenewal of the lease. the Borough is in the process of closing the Sterling Special Waste Site in conjunction with the ADEC. Re reported receiving a call from Son. Fischer concerning SS 1150 the ppeople transportation and foundation bill. He believed the Finance Cmto. would pass it after tomorrow's review with an increase to ppeopple transportation of $756,000 and an increase to foundation of 51.8 million for a total amount to the school district of $2.6 million. He reported on the sales tax, the Borough has collected in excess of $75 million in the past 10 years, approximately $33 million of that collected for the cities. Records indicate balance outstanding of $1.5 million (2%) and the delingcent balances wore created from 1977 to present. $500,000 is secured by judgements not on ppayment plans and are difficult to collect, an ad itional $175,000 is on payment plans. Audits have identified $217,000 in delinquent taxes with penalty and interest. A list of all registered businesses and the status of each will be published. Mr. Nash asked if administration could provide a list of all sellers who did not file or pay and are not under an agreement or payment plan, include the amount of tax not paid plus the total amount still to be paid in taxes, penalty, interest, etc. Also, identify the sellers who are not in compliance with the agreements. The joint committee meeting on the two finance ordinances could benefit from them. The Mayor indicated they would be available. Mayor Thompson reported Sen. Fischer has added a rider on the the bond debt restructuring legislation that would require a vote of the public. The Mayor had no problem with this except that it could not benefit this budget year. Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS ASSEMBLYMEMBER GLICK MOVED THAT BUSINESS CARDS BE PROVIDED THE ASSEMBLY. Pres. Sewall passed the gavel to Mrs. McGahan in order to speak against the proposal, reporting he had purchased his own business cards from funds provided each assembly person for expenses. While it was argued there could be a savings through bulk ordering, more information should be gathered prior to voting on the matter. Vice Pres. McGahan returned the gavel to Pres. Sewall. Mr. Nash and Mrs. McGahan voiced their objection stating Assembly members are not individually that important to need business cards. Mrs. Phillips stated her belief cards would be handy in Juneau, for instance, when meeting people it is sometimes hard to get a person's name. She stated the cost in quantity was low and each member could - 10 - J E A r.� 0 1. KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 17, 1987 • write in his/her own name. Mrs. Glick supported her statement, noting she had ordered her own as well. Mr. Carey felt such cards would be used in campaigning and spoke against 'professional politicians". THE MOTION FAILED BY A VOTE OF 3 YES TO 13 NO AS FOLLOWS: YES: Phillips, McLane and Johnson NO: Nash, Keene, Valli, Mullen, Crawford. Moore, Carey, Glick, Sewall, McGahan, O'Connell, Skogstad, Fandel Mr. Nash requested a microphone be made available for hookup with a telephone so that comments from communities that have no road access to the meetings could be heard. He stated it would have to be limited to a representative of a group. Mrs. Phillips reported when in Juneau last week every legislator she spoke to was totally opposed to closing the recording district offices and she was assured funding would be put into the budget. Mr. Keene requested information on what could be saved by the Borough doing its own lawnmowing/landscaping, snow removal/sanding and garbage collection (realizing it would not be allowed without a change in the law). Mrs. Valli reported when earlier this had been discussed. Mr. Bambard had advised her the Borough spends between $37,000 and $40,000 per for of from the Borough transfer sites to the month transfer garbage landfill. She urged members to contact the Commissioner of Education regarding budget projections for school funding. Mr. Mullen requested an excused absence from the March 3 meeting as he will be out of town. Mr. Crawford reported the Hospital Task Force meeting date has been changed from Feb. 20 to Feb. 23 in the hospital conference room. Mr. Moore stated the joint committee session on the ordinances would be held on March 17 from 4 to 6 p.m. Mr. Carey reported the School Board is considering a $681,000 cut in extracurricular activity or 58% at the high school level. He felt if the hockey and football programs were to be cut as proposed, the be from the high corresponding facilities/fields should cut new school construction. He reported the KPCC Council voted against the restructuring. He asked for information regarding expenditures for remodeling and new hiring in the Maintenance Dept., prior to budget consideration. He reported hearing the assessment of property near the Poppy Lane waste oil dump had been cut in half would this affect the value of adjoining Borough land and would there be basis for a suit against the oil companies responsible? Mr. Johnson spoke to the cost, personally, to attend AML meetings in lost of income, and related expenses. He felt his constituents wanted him to be as knowledgeable and equipped as possible to serve and he believed in the value of AML toward this end. He did not think problems in the organization could be improved by backing out. He believed business cards to be a real asset in promoting the interests of the Borough and although he could afford to purchase his own, he thought a uniform set for everyone would be most appropriate. Mr. McLane reported hearing many appreciative comments from consti- tuents regarding the Borough employees wage reduction. Mrs. McGahan spoke to the recommendations of the KRSMA Board with regard to the Kenai River. believing all of them could be handled through the permit process and watchfulness of the various entities boat She t already in place, now including the restriction on motors. L i L r- KENAI PENINSUTA BOROUGH REGULAR ASSEMBLY MUTING OF FEBRUARY 17 1987 believed if variances had not been granted to the high density small lot subdivision ordinance and the hazardous, injurious use ordinance was applied when necessary, further ordinances would not be necessary. In speaking with a member of the Lands Subcommittee, she learned they requested ma ping which would show the high value and low value areas along the River, ecologically speaking, to make determinations on the setback requirements for developments. She asked if the mapping was ever done and if it would be available to the Assembly prior to land use considerations. Pres. Sewall reminded members of the joint worksession with the school board on February 19. Re hoped the same fairness principle would be applied that was being asked of the state. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Sewall announced the next regular meeting will be March 3, 1987 and this meeting adjourned at 11:52 p.m. ATTEST: Borough Clerk Date approved: vr7M. 1r, - 12 - J Y Q'Al 1) 4 s 4i t I 0 r T/VPO-2 Promoting the Kenai Peninsula and its Communities 1:30 P.M. Saturday, March 7, 1987 Kenai Peninsula Borough Building, Soldotna, Alaska 621�-v AGENDA : v -7 N I. CALL TO ORDER N I I . ROLL CALL III. MINUTES OF KENAI PENINSULA CAUCUS MEETING JAN. 17, 1987 IV. APPROVAL OF AGENDA V. OLD BUSINESS A. School Funding - Dr. Fred Pomeroy, School District Superintendent B. Resolution 87-2 Bradley Lake and Intertie (See Attached) C. Resolution 87-3 Gas Line Terminus At Nikiski (See Attached) D. Resolution 87-4 Opening ANWR to Oil Exploration (See Attached) E. Resolution 87-5 Sheltered Workshop Funding (See Attached) F. Caucus Dues - Reports from City and Chamber Reps. VI. NEW BUSINESS A. Areawide Port .of Entry - City of Seward Rep. B. Seward Elementary School - City of Seward Rep. C. Resolution 87-I - Spring Creek Prison - City of Seward Rep. D. Resolution Draft - Bradley Lake Power Sales VII. OTHER JIII. PUBLIC COMMENTS IX. NEXT MEETING - Date, Time, Place X. ADJOURNMENT L rr� i • - - � :Y'1C':F KENAI PENINSULA CAUCUS ® n• RESOLUTION 87-2 �* IN SUPPORT OF BRADLEY LAKE HYDROELECTRIC PROJECT AND THE PROPOSED RAILBELT AREA ELECTRICAL TRANSMISSION INTERTIES. WHEREAS. the Kenai Peninsula Caucus requests the Legislature to provide the full funding for Bradley Lake, and that no construction delays occur; and WHEREAS, we support using the Railbelt Energy Fund for ' Railbelt. Energy Projects with the emphasis on transmission - interties between the Kenai Peninsula, Anchorage and Fairbanks; and WHEREAS, a plan should be considered whereby the Railbelt Energy Funds spent for transmission interties, the Bradley Lake Hydroelectric project, and other energy projects can eventually s be recovered to enable future Railbelt energy project develop- ment. Affordability to the ratepayers is the key to any capital recovery plan; and WHEREAS, as a means of meeting the Railbelt's future energy needs, development of coal and natural gas based generation conservation, and hydropower should be considered; NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS: Section 1. That the Caucus supports the continued R; construction or the Bradley Lake Hydroelectric Project including as an integral part of the project the construction of the .. transmission electrical intertie system between Homer and Soldocna. The Caucus strongly urges that the Railbelt Energy funds should be used for Railbelt Energy projects only, and specifically, encourage the following; 1. The Alaska Power Authority should complete work on the project. 2. The State Legislature should appropriate the funds t needed by the Alaska Power Authority for this project. 3. The State of Alaska should continue to develop long range plans of financing for hydroelectric projects that well allow these projects to produce power at a reasonable cost. 3 J Kenai Peninsula Caucus Resolution 87-2 r Page 1 of 2 Pages L Section 2. That copies of this resolution be distributed ; to Governor Steve Cowper, Senate President Faiks, House Speaker j Grussendorf, Senators Fischer, Kertulla, Syzmanski and Binkley and House Representatives Navarre, Swackhammer, Cato, Zawacki and 1 Wallis. Section 3. That this resolution takes effect immediately - upon its a option. ADOPTED BY THE KENAI PENINSULA CAUCUS ON THIS 21ST DAY OF f. FEBRUARY, 1987. i . Betty J. Glick, rest ent r , ATTEST: f Mitchel Robinson, Secretary f t Kenai Peninsula Caucus Resolution 87-2 Page 2 of 2 Pages - -- L n! KENAI PENINSULA CAUCUS RESOLUTION 87-3 REQUESTING YUKON PACIFIC TO CONSIDER NIKISKI AS A TERMINUS FOR THE PROPOSED GAS PIPELINE. WHEREAS, the local economy of the location of the terminus for the proposed gas pipeline will be greatly stimulated by such location; and WHEREAS, the Nikiski area is an advantageous location for the pipeline terminus because of existing oil and gas industry development and support services: NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS Section 1. That the Caucus of the Kenai Peninsula Borough requests that Yukon Pacific consider locating the terminus of the proposed gas pipeline in Nikiski. Section 2. That copies of this resolution be sent to the Boroug�Resource Development Commission, the State of Alaska, Department of Economic Development, officials of Yukon Pacific, Senators Ted Stevens and Frank Murkowski, Governor Steve Cowper. Section 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE KENAI PENINSULA CAUCUS ON THIS 31ST DAY OF JANUARY, 1987. Betty J. Glick, President ATTEST: Mitchel Robinson, Se—cretary I KENAI PENINSULA CAUCUS RESOLUTION 87-4 URGING CONGRESS TO OPEN THE ARCTIC NATIONAL WILDLIFE REFUGE TO OIL AND GAS EXPLORATION AND DEVELOPMENT. WHEREAS, Alaska's Arctic National Wildlife Refuge includes � ` more than 19 million acres of land, amounting to approximately five percent of the entire state landmass; and y1 , WHEREAS, the Coastal Plain is approximately eight percent of , the refuge and is considered to be highly prospective for the discovery of large quantities of oil and gas; and ' • - - fir WHEREAS, Congress has reserved the discretion to decide if the 1.5 million acres will be opened to further exploration, development and production; and WHEREAS, the petroleum industry has consistently demonstrated its ability to operate in conditions similar to those found on the Coastal Plain in a safe, responsible manner without significant adverse environmental impacts; and { WHEREAS, the United States must develop additional domestic petroleum resources if it is to preclude overwhelming dependence on foreign petroleum sources in the 21st century; and ' WHEREAS, the value and development potential of state-owned tidelands and federally -owned OCS lands offshore of the ANWR Coastal Plain would be enhanced by a congressional decision to H open the Coastal Plain to further exploration, development and y, production; and WHEREAS, facilities developed to transport petroleum re- !� sources on the Coastal Plain to the Trans -Alaska Pipeline may _ allow marginal discoveries between the ANWR Coastal Plain and Prudhoe Bay to be developed; and �:S WHEREAS, national energy security depends on the development of domestic oil and gas resources to replace depleted U.S. { reserves; and WHEREAS, the State of Alaska stands to derive revenues i. including portions of bonuses, royalties and rents from oil and gas development on the ANWR Coastal Plain; and WHEREAS, opening the ANWR Coastal Plain to further explora- tion, development and production will generate increased employment and business opportunities for all Alaskans and Americans; i Kenai Peninsula Caucus 1 Resolution 87-4 y Page 1 of 2 Pages L I� NOW THEREFORE', BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS: Se -tion 1. That the Kenai Peninsula Caucus strongly urges the Congress of the United States to open the ANWR Coastal Plain to environmentally responsible oil and gas exploration, development and production. fi Section 2. That copies of this resolution be sent to Donald P. Hoael, U.S. Secretary of the AI. Interior; to Governor Cowper; U.S. Senators Frank Murkowski and Ted Stevens; and to U.S. Representative Don Young. ADOPTED BY THE KENAI PENINSULA CAUCUS ON THIS 31ST DAY OF JANUARY 1987. Betty J. Glick, President ATTEST: Mitchel Robinson, Secretary _4 Kenai Peninsula Cauca Resolution 87-4 Page 2 of 2 Pages _4 3' i 1 KENAI PENINSULA CAUCUS RESOLUTION 87-5 j! 7; 7 SUPPORTING CONTINUED FUNDING OF THE SHELTERED WORKSHOP FACILITY FOR THE HANDICAPPED WHEREAS, the Kenai Peninsula Borough has approximately 1200 i ; students enrolled in Special Services Programs, 60 of which are f in the high schools, and the State of Alaska, Division of Vocational Rehabilitation has approximately 190 disabled clients who could use this service; and r WHEREAS, the State of Alaska has expended hundreds of thousands of dollars for education of our handicapped through the high school stage; and WHEREAS, the facilities located in the Kenai Peninsula Borough, at this time, would continue to provide for and meet the needs of the handicapped after they no longer can participate in the school system; and WHEREAS, the vast majority of our handicapped are capable of becoming employable, productive members of our society, and therefore are not a continued financial burden; and WHEREAS, by becoming an employed, productive members of society, their feelings of self worth and esteem are greatly increased; and WHEREAS, existing facilities in the state have long waiting lists and since it is always in the best interest of the handicapped and their families to remain in the same general area for mutual support; and WHEREAS, there is a sufficient need for the continuation of the sheltered workshop; NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS: Sectier 1. That the Kenai Peninsula Caucus supports the continued iun ing of the sheltered worship in the Kenai Peninsula and the legislative request for funding. L Kenai Peninsula Caucus Resolution 87-5 Page 1 of 2 Pages L • 'tom J Section 2. That upon adoption of the resolution copies be . sent to Senators Fischer, Kertulla and Syzmanski _ and z Representatives Navarre, Swackhammer and Zawacki. - ADOPTED BY THE MEMBERS OF THE KENAI PENINSULA CAUCUS .THIS 31ST DAY OF JANUARY 1987. ATTEST: MitchelRa inson, SecretFry Betty J. Glick, res ent Kenai Peninsula Caucus Resolution 87-5 Page 2 of 2 Pages wl r r) :'2 KENAI PENINSULA CAUCUS RESOLUTION 87-7 URGING THE ALASKA LEGISLATURE AND THE STATE OF ALASKA ADMINISTRATION TO INCLUDE START-UP AND OPERATIONAL COSTS IN THE FY 87/88 BUDGET FOR THE SPRING CREEK PRISON. WHEREAS, the settlement of the Cleary vs. Bierne class action suit on February 4, 1983 mandated thatlong-term nmates, with some excep- tions, be returned to Alaska as soon as possible after the completion of a maximum security prison, but in no event later than December 31, 1987; and WHEREAS, the state legislature and administration deemed this to be a reasonable time frame and use of capital improvement monies, and accordingly appropriated the money for the Spring Creek prison project; and WHEREAS, to further meet the obligation mandated in the Cleary case, the State of Alaska and the City of Seward entered into a long-term lease agreement which included financial obligations agreed to by both entities; and WHEREAS, the City of Seward has upheld all of its obligations and the Sppring Creek prison will be ready for occupation on or before Decem- ber 31, 1987; and WHEREAS, the operation of the Spring 'Creek prison will meet the Alaska hire, Alaska contracts and the enhancement of the economy as advocated by Governor Cowper; and WHEREAS, the operation of the Spring Creek prison will make it easier for friends and relatives to visit with the inmates; N014 THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS: Section 1. That the Kenai Peninsula Caucus strongly urges the state legislature and the administration to include start-up and opera- tional monies for the Spring Creek prison in the State of Alaska FY 87/88 budget. Section 2. That copies of this resolution shall be sent to Governor Cowper, Commissioner of Public Safety, to Senators Binkley, Fischer, Kerttula and Szymanski; and to Representatives Cato, Navarre, Swackhammer, Wallis and Zawacki. ADOPTED BY THE KENAI PENINSULA CAUCUS ON THIS DAY OF , 1987. ATTEST: Mitchel o i.nson, Secretary Betty J. Glick, rest ent L j %j A D R A F T KENAI PENINSULA CAUCUS RESOLUTION 87- (Intrvducsd by Alitch Robinson, _qoldvtna Citv C,vunvjit) A RESOLUTION CONCERNING THE FINAL POWER SALES AGREEMENTS PERTAINING TO THE BRADLEY LAKE HYDROELECTRIC PROJECT t �Zv. WHEREAS, the Kenai Peninsula Caucus is a organization representative of all Kenai Peninsula Borough municipal governments and Chambers of Commerce; WHEREAS, the Kenai Peninsula Caucus has adopted Resolution 87-2 which supports the continued construction of the Bradley Lake Hydroelectric `Project and Proposed Railbelt Area Electrical Transmission Interties between the Kenai Peninsula, Anchorage and Fairbanks; and, WHEREAS, some of the Kenai Peninsula's largest electrical customers are considering plans to generate their own power from natural gas in reaction to recent Homer Electric Association rate increases; and, WHEREAS, there remain lingering ratepayer concerns about the ultimate - cost of electricity, risks and other matters which will be governed by the final power sales agreement for the Bradley Lake Project; and, WHEREAS, the Kenai Peninsula Caucus desires to offer some suggestions pertaining to terms in the final power sales agreements which will protect Kenai Peninsula ratepayers from unreasonable costs for electricity; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENAI PENINSULA . CAUCUS: Section 1: Homer to Soldotna Transmission Line. In addition to the electrical transmission interties which have been proposed between Soldotna, Anchorage and Fairbanks, we believe the transmission line between Soldotna and Homer should Le financed from the Railbelt Energy Fund in order to assure that Bradley Lalte Power can be transmitted throughout the Railbelt unencumbered by any .,,rheeling charges allocable to debt financing. Section 2. Early Year Rates. We believe the final power sales f; agreements for Bradley Lalse should provide a guarantee that the early year cost of the hydro power will be equal or lower than alternative means of electrical generation. This is to assure that the Kenai Peninsula will not lose its large industrial loads to natural gas generation.; L r- Sisowl.+�:wa iu?.��.. $Gfi��i Loss�po�sl� .mow woua Section 3. Capital Recovery. We support the concept of a surcharge on � the Bradley Lake power sales after the debt for the project is paid off, but onl%r if the revenues can be lelvally dedicated'for future railbelt area energy projects. We ask that the power sales agreements contain language that a j surcharge shall not apply to the Bradley Lake power sales in the event that � the proposed dedication is ultimately ruled unconstitutional. Section 4. Security Provisions. It has been reported that the proposed final power sales agreements contain a "take Sr pay" requirement as a security pledge to enable the APA to borrow an additional $175 million to complete construction at Bradley Lake. A "take or pay requirement" is equivalent to a general obligation pledge for repayment of the debt. It allocates all risk of "low water years", earthquake or tsunami to the ' area's ratepayers. I A. We would rather shif t ' these risks to the bondholders in consideration for the interest income they will derive from the financing. An "all requirements, take and pay" security provision would be much more acceptable, even it means a higher interest rate on the APA's Revenue Bonds. B. If it is perceived necessary to offer a "take or pay" pledge as security for the APA's Revenue Bonds, we believe that the final power sales agreements should specifically exclude any covenant to maintain insurance on the project. It is presently impossible to purchase sufficient insurance for a $300 million project at reasonable cost. The decision as to whether or not insurance should be acquired should be left to the local ratepayers unencumbered by a bond convenant which mandates insurance coverage. i Section 5. Distribution. The Secretary is hereby authorized and directed to forward a copy of this Resolution to the Homer Electric Association, the City of Seward, the Chugach Electric Association, the Alaska Power Authority, the Alaska Public Utilities Commission, Governor Steve Cowper and all legislative representatives of the Y.enai Peninsula Borough. ADOPTED this day of , 1907 at a meeting of the Board of I Directors held in , Alaska. Betty Glick, President ATTEST: Mitch Robinson, Secretary 2 i � � J C 5 } 3E3omer 3E1e4ctric l�9r9o4c1at1oax, X3mc. February 10, 1987 Mr. Richard U n d e r k o f l e r Pat: Please make copies of this material City Manager for the Council. Return original. City of Soldotna P. 0. Box 409 Soldotna , Alaska 99669 R E C E 1 VEO FEB 1 1 1987 Dear Rich: Ref: YOUR LETTER OF FEBRUARY 5, 1987 -- BRADLEY LAKE Thank you for your support of Bradley Lake. I concur with the provisions you have requested as outlined below. 1. Homer to Soldotna Transmission Line L We agree maximum benefit to the residents in South Central Alaska will occur if the transmission line is funded by the Railbelt Energy Fund. 2. Early Year Rates The concept of setting a cap on the rate per kilowatt hour was discussed several years ago as part of the Conditional Sales Agreement. It was determined, after extensive discussion, a "debt cap" would be the fairest way to approach this. Setting a cap of 4¢ per kilowatt hour certainly protects the utilities, however, it could obligate the State to funding in excess of what the utilities and the Alaska Power Authority have in good faith indicated is necessary. Furthermore, it is felt from Homer Electric's position since we will be receiving a relatively small share of the project costs, there was no real advantage to our rate payers to have a cap on the cost per kilowatt hour plus geometric financing as you proposed. Please bear in mind, we are certainly not opposed to a cap on the rate per kilowatt hour, however, through the negotiating process a fair compromise was arrived at which translated into a "debt cap" of $175 million. 3. Capital Recovery We wholeheartedly concur with your recommendation; however, I am not sure how this type of wording can be put into a contract and be binding, especially since no one can bind a future Legislature. We will explore this avenue. n+ V x r on L 4 '8 y, d. s 4l Y._ f r Mr. Richard Underko�fler, February 10, 1987 pag(� - 2 4. Security Provisions i We are still looking at whether the contract should be "take or pay" or "take and pay." Risks of a "take or 1 pay" contract have been recognized, and these risks will be weighed against the potential costs of switching to a "take and pay" contract. As stated above, I concur with your observations and will endeavor to include those which we can. It must be remembered there are seven utility participants plus the State, and all t financial data submitted to us thus far shows that the direction the contracts are presently going will provide a hydroelectric project very favorable to the ratepayers of I Central Alaska. I Thank you for your interest. Sincerely yours, HOMER E ECTR C ASSOCIATION, INC. B. Ken Wick General Manager BKW : em cc: Lee Nunn, APA Ron Garzini, Manager, City of Seward Phil Shealy, Manager, City of Homer Bill Brighton, Manager, City of Kenai Carl Hille, Manager, City of Seldovia M R Z N r-o -.3 CITY OF KENAI „o ea,d4l ej 4iod$0a„ MO RDAL00 KENAI. ALMM "I"I 0. �! , CITY OF KENAI ,16.. BACKGROUND AND PERSONAL DATA - CANDIDATES FOR aliCINTMENT TO COMMITTEES AND COMMISSIONS NAME %mil: -- Resident of City of Kenai? How long? lAJ Mailing Address/M9 Slone 1338-Tel.oV3-VVP Bus. Address 30� J c,J/LLO(,J Tel.c 'qS,6(F Presently employed by A.IA-nDdc4ZE1 }L Job Title Name of Spouse VIA - Current membership in organizations: Past organizational membership: 1971, t, t/� Committees interested in: L ,r rr „ y yi c F r 5 ;ITY OF KENAI 210 FIDAL80 KENAI, ALASKA 91011 TELK NONE 2a3. MIS CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME. .C-j? Resident of City of Kenai? ` How long? Mailing Address ;��.\ .y_3 Tel. a 7.3 Bus. Address Tel. Presently employed by I Job Title _ Name of Spouse 1:%�;/� 5 /=1. �,� ✓pE��"�% 1 Current membership in organizations: A _5 Past organizational membership: I` x. �i-a /'.%C� �r�r a, /.'��/; .�• ni �` I Committees interested in: vf Xsr S gnature i f i Im f a. ;i r L L civ af (at 0 r &suai Ciwrail�r of Cuuuucr� Box 497 Ke Alaska 99611 y (%7) 283-79N 1987 DEAR FELLOW CHAMBER MEMBERS: ZNr-U-6 On behalf of the Kenai Chamber of Commerce, we wish to express our appreciation for your continued support. You will find enclosed your 1987 decal, 1987 membership card and the 1987 date sticker for your Log Cabin Membership Plaque. We look forward to a productive and busy year. Several committees have been formed and are currently putting together projects and programs that will en- hance the Chamber and the community. At present, we have formed Ways 6 Means Committee which will be under the direction of Ron Malston and Leroy Heinrich; Resource Development - Lester Vierra and Bogue Morgan; Tourism - Walt Craycroft and Bill Coghill; and Legislative which is chaired by Woodie Cole and Glen Jackson. If you should have an interest in participating in any of these committees, please contact the committee chairmen or the Chamber office. As always, we urge you to utilize the Chamber whenever and wherever possible. We are anxious to display your business brochures, supply you with free maps and brochures on the area and lists of other data pertinent to the area. In addition, we provide one of Alaska's only full-time year-round Information Centers that is available for the convenience of our members, residents of the community and visitors to our area. The Chamber staff also prepares an annual Business Directory that lists the names, addresses and telephone numbers of Chamber members. From this directory, we estimate well over one thousand business referrals are made annually. We also ask that you join us at our weekly membership luncheon held every Wednesday at 12:00 Noon at the Kenai Merit Inn on Willow Street. Call the Chamber at 283-7989 or my residence at 283-9272 if you should have any questions or suggestions relative to the Chamber. REMEMBER -- the Kenai Chamber of Commerce represents the business interests of our community! Again, thank you for your commitment. 04 ;1 h President Jim Carter dent Elect Ron Malston ='' ce President Bogue Morgan Secretary-Treasura Lester Views Glen Jackson Harold Dale Wait Craycroft Boyce Roberts Leroy Heinrich Dennis Swarner Woodie Cole Bill Coghill Bill Brighton Peggy Arness Laura Measles Ron Rainey Cheryl Sutton Barry Thomson Executive Director/Manager Sue Carter Administrative Assistant Carolina Willis Kenai Chamber of Commerce Box 497 Kenai. Alaska 99611 I L Retired FM Maltson's, Inc. National Bank of Alaska Community College Retired Tesero Alaska Retired Obert's Insurance Craycroft Chrysler Antic Pipe Inspection Union Chemical Kenai Vision Center The Oil Company Mikunda. Cottrell & Co. City of Kenai Congressional Delegation Office Reflections, Inc. Homer Electric Association Kenai Peninsula Fishermen's Cooperative General Business Services Kenai Chamber Kenai Chamber C.,<?• CITY OF- KENAI 210 Fidalgo Street wab AK 99611 1 I -r: /V Fv -'/ f t 091 F !f I B , . . F MARCH IS MEMBERSHIP MONTH. The Kenai Chamber of Commerce Board of Directors will hold their "Annual Membership Drive" on Wednesday, March 18th. Chairman Penny Dyer advises that the Board members will be out early to contact your business if you have not yet renewed for 1987. In addition, we looking for those businesses and individuals who have not yet joined the Chamber and would like to participate. If you know of any potential new members, please contact the Chamber office at 283-7989. The "Drive" will be kicked - off with a breakfast at 8 a.m. at the Kenai Merit Inn and the culmination of the day's events will be the tallying of the points received by each of the teams and determine who will buy the dinner that evening. The losing team will pick up the "tab" for a gourmet dinner graciously prepared b; Dottie Krzyzanoski and Lester Vierra. The Board members are looking for team mates in the general membership -- if you are able to participate, please give the Chamber a call and sign up. Our membership is very important for the con- tinuance of a successful Chamber, who in turn represents the business interests of our community. Please renew your memberships, if you have not already done so in order to appear in the upcoming 1987 Annual Business Directory and help keep KENAI THE THIRD LARGEST CHAMBER IN THE STATE OF ALASKA111!11 BE INVOLVED - JOIN YOUR CHAMBER T0DAY1 WELCOME NEW MEMBERS: Our best wishes in their new endeavors to Lynn and Tita .Tones who have recently opened the GOLDEN INN (formerly the Katmai) and are new members of the Kenai Chamber. RETAIL MERCHANTS,under the direction of Board member Laura Measles, are meeting this month to formulate plans and promotions for 1987, including the Annual Christmas Comes to Kenai celebration. If you wish to participate in the Retail Merchants Committee, please call the Chamber or Laura at Reflections Florists. A vital and important committee to the Chamber, the Retail Merchants Committee of the Chamber sponsors most of the special events in the downtown area. UNITED CHAMBERS INSURED PLANS have forwarded a toll free number for inquiries by Chamber members on the various medical and dental insurance coverages available. In addition, contact may be made with any of the Kenai Chamber's Insurance Agency members who are also available to answer your questions regarding the United Chambers Insured Plans. Call 1-800-426-9297 for information. THE CHAMBER'S TOURISM COMMITTEE is diligently working with the City of Kenai on a new format for the proposed Boardwalk Project to be constructed along the Bridge Access Road in the Kenai River Flats area. Walt Craycroft, Chairman of the Committee, reports that the City of Kenai has applied for all necessary permits in order that the proposed project might continue on schedule. Final design and scope of the project are yet to be determined. JOIN US EACH WEDNESDAY, 12:00 NOON AT THE KENAI MERIT INN FOR THE FOLLOWING PRESENTATIONS: March 4th - Mr. Bob Breeze, BREEZE 6 ASSOCIATES, "Pacific Rim Trade" March llth - Police Chief Richard Ross - "Business Security Survey" March 18th - Mrs. Paula Easley, Alaska Resource Development Council Introduction of new Airport Commission by Mayor John Williams March 25th - Mr. J. Vincent O'Reilly, kenai Economic Development Committee 7 I S-: 9 I March 6, 1987 Ronald B & Kristine Hansen Box 1066 Kenai, AK 99611 SUBJECT: INLET VIEW SUBDIVISION, THIRD ADDITION STREET LIGHTS i Dear Ronald B & Kristine Hansen: .. i The Council of the City of Kenai recently considered requests for 65 different street lights within the City of Kenai. The requests where received from the school bus company and citizens. I _ The list of 65 requests were narrowed down to 29 new street lights and a price of $40,000 was obtained from HEA to install these lights. Unfortunately, the City of Kenai is anticipating a drastic reduction in revenue next year. The Council of the City of Kenai has therefore decided to put all of the new street lights on hold. The Council has also said to add your street light requests to the list for their consideration at a later date when funds become available. The City of Kenai does appreciate your concern for safety and I am sure the Council will consider your j requests when street lights are again under consideration. If I can be of any further assistance, please feel free to call me. i As a temporary solution, one might consider having HEA or someone install a yard light on their property. t! Sincerely, Keith Kornelis, Director Public Works Department KK/sw i 0 -v- - �-' ---- - Ti j� L rntr--o— 9 CITY OF KODIAK RESOLUTION NUMBER 09-87 A RESOLUTION OF THS COUNCIL OF THE CITY OF KODIAK OPPOSING, THE TRANSFER OF STATE ROADS TO LOCAL MUNICIPALITIES I WHEREAS, the State of Alaska Department of Transportation and Public Facilities has proposed the transfer of State-owned and :maintained roads to local municipalities; and WHEREAS, a number of these roads have been inadequately maintained; and WHEREAS, a number of these roads need substantial capital, ''improvement to make them safe and maintainable; and I WHEREAS, the State of Alaska- has not funded the much needed ' improvements; and WHEREAS, the transfer plan does not provide funding to repair the roads such as Mill Bay Road in the City of Kodiak and the Chiniak Highway in the Kodiak Island Borough; and WHEREAS, the Kodiak Island Borough does not have road powers,' has no equipment, and the population on the Chiniak Highway is iifar toto small to form a service district and levy adequate funds; to upgrade and maintain the Chiniak Highway; and ' ' WHEREAS, Mill Bay Road, the oldest road in Alaska, is thel most highly traveled street on Kodiak Island, averaging 17,000 ,'vehicles a day; and !� WHEREAS, Mill Bay Road was never "constructed" and only has asphalt laid over a volcanic ash base resulting in a roadway that: is in constant, hazardous disrepair; and i WHEREAS, the City of Kodiak does not have the financial ;resources necessary to properly construct Mill Bay Road, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of, Kodiak, Alaska, that the City of Kodiak is adamantly opposed to the transfer of main roads and highways to local municipalities: which have no way of addressing the large financial demands of+ those roadways. I !1 Resolution Number 01-87 :Page 1 of 2 J L I BE IT FURTHER RESOLVED that Governor Cowper and the Alaska Legislature are respectfully urged to give no serious considera- tion to any plan which transfers such a huge financial burden to the local municipalities. PASSED AND APPROVED this 26th day of February, 1987. ATTESni � 11 CITY CLERK Resolution Number 01-87 Page 2 of 2 IN CITY OF KODIAK J'LN C 0 IN REPLY REFER TO: KNWR-RM/0176L4 Mr. John Williams Mayor, City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams: U nited States Department of the Interior KENAI NATIONAL WILDLIFE REFUGE P.O. BOX 2139 SOLDOTNA, ALASKA 99669-2139 (907) 262-7021 November 19, 1986 As I indicated in our telephone conversation today, the Fish and Wildlife Service is interested in an exchange with the City of Kenai of the former refuge headquarters property for the area known as the Kenai River Flats. If you have a similar interest in pursuing this matter, I suggest that as a first step you or the Kenai City Manager write a letter to the Realty Division of the Fish and Wildlife Service in Anchorage stating your interest. I have been in contact with Mr. Ben Lukes of that office, and he would welcome the opportunity to meet with you at your convenience to discuss this issue and bring you up to date on the actions that have already taken place. After an initial informational meeting, involvement of the City Council would seem to be the appropriate subsequent action. I enjoyed talking with you today and look forward to working with you and the City of Kenai in this matter. Sincerely, t&A- At't� ! Daniel W. Doshier Refuge Manager pc: Realty Division, Anchorage, AK Ben Lukes (RE), Anchorage, AK Paul Schmidt (RF-S),Anchorage, AK DWD/pf 1 a )Fit x o j !%/ cr to go CL o IA 0 w 1 C T 7 Coco m O to ? N _ A D N IV a 9 Q F I g n o • 0 d a a � � •n o m i o s 1 -?V 7': � \ V L� s. ,; v 4 i a , • United States Department of the Interior FISH AND WILDLIFE SERVICE iM RNLY RSttR TO: s4:' �+ i I T, Statement of Just Compensation for an Exchange City of Kenai , Kenai, Alaska ATTN: City Manager (Bill Brighton) i i In compliance with Section 301 of the Uniform Relocation Assistance and Real kroperty !cquisition Policies Act of 1970, Public Law 91•646, an estimate of just compensation nas been made as to fee title interest in your real property located in County. State of Alaska comprising.2182 acres and ® legally cescrioec as toliws; See attached exhibit A Ar cstimatr o: —.:st compensation ne^ eiso been meae as to fee Litle interest in rea: property ownec py the unite'. States located in county, State of Alaska , corprisin;, A-M acres and legally cescrioec as follows: See attached exhibit B The estimates of fair market value of the real property described aoove are based on approved appraisals which considered current land sales and other indicators of land value in the vicinity of each property. I certify that the total just compensation is not less than the approved appraisal of both properties. L L L EXHIBIT A- Leval Description -Kenai River Flats. ,•�, T. 5 Ii., R. 11 W., Seward Meridian Section 1, S 1/2 SW 1/4, that portion above mean high tide within the 'A' Kenai Kenai River. Section 2, SE 1/4 SE 1/4 that portion above mean high tide within the Kenai River. i Section 4, SW 1/4 SW 1/4, that portior above mean high tide on the left bank of the Kenai River. Section 5, S 1/2 S 1/2, those portions above mean high tide on the left bank of the Kenai River. Section 7, E 1/2 NE 1/4, N 1/2 SE 1/4, N 1/2 SE 1/4 SE 1/4, those portions above mean high tide. Section 8, All above mean high tide excluding NE 1/4 Sid 1/4, S 1/2 SW 1/4, and NE 1/4 NW 1/4 NW 1/4. Section 9, S 1/2 above mean high tide, excluding State highway. Section 10, SE 1/4, S 1/2 S 1/2 NE 1/4, S 1/2 SW 1/4, all above mean high tide, and NE 1/4 SW 1/4, all on left bank of Kenai River. - Section 11, Si:' 1/4, W 112 SE 1/4, W 1/2 NE 1/4, all above mean high tide, and L 1/2 NE 1/4 that portion above mean high tide Within-rhe icenai River. Section 12, NW 1/4, NW 1/4 NE 1/4, W 1/2 SW 1/4, those portions above wean high.tide within the Kenai River. Section 13, that part of I1lANW1/4.lying above mean high tide Within the KP"ai River - Section 14, NW 1/4, V 1/2 NE 1/4, W 1/2 SE 1/4, SW 1/4, those portions on right bank of Kenai River above mean high tide, and WE 1/4, those portions above mean.high tide and within the Kenai River. Section IS NW 1/4, NE 1/4, those i , portions above mean high tide. Section 17, that portion on right bank of Kenai River, above mean high tide. E I • y sl •tt = ICJ Ir w y LL Lq.•• lip Beach • I XAN ifw.�Jf, VKI —vow" Al it I . I . r4 LE A r - Sm •'J�t .r �M � 'fir •' _ - �. :� ;vzz M — IN wilt t� t` lil.'•�l.�llr � `� ... ./A''• I k1• `y� •A � s Li �.,i,w1.1 `• 3�'� � L-t� ` •� Yam' ; � - �{ ,�\ \� 3.1 rr[,/%`�; �: `l, rt� 1F:.-y� Xi-:..:•i�' '.-.`!'- -•• ''' •-ar• ' �i ��S• mot.' �! �►^�'!!l;}!Pr/�r.�•`r-tom_--1J'•t.r•-: �: ;•:4Y 1_')`n ; =' ci Ali-y: �� •'.'tt5 i ^Y .,..Y t'�5 ;; �;':^ `'� `;�7 r.r �i:-` - r yf�,'�f.?:�"+��v •! I SYT' ` ::+, f i" •':'.� r. _�i�^: .i) > S si':rri;:., ;6f �,-. � .�,'•. -.fIle4';�'!.:`•-�4.'. "To it Fm C) I IL 1L TWING W ILD LIFE IE,V 11 I F— I� ti low mj VON- ;AMJ Q � MEMO UL doom* uk cc "I -i E1 C) DPOR COST ESTIMATE KENAI FLATS DEVELOPMENT aocrxara==aa�rsrrcrasaa A. Kenai Flats Wildlife Viewing Area B. Kenai River Wildlife Viewing Area C. Birch Island Cultural Interpretive Area A. KENAI FLATS WILDLIFE VIEWING AREA --------------------------------- i li30/87 Develop a paved highway pullout with parking for seventeen vehicles, and three vehicle/ trailer combinations. Construct wood deck system along parking and pile foundation boardwalk system extending out on the flats to a viewing deck with three telescopes for wildlife viewing. Site development to include interpretive displays and landscaping. - Estimated Development Costs: ITEM QUANITY UNIT COST ITEM COST y - Design and Plan Preparation lump sum $ 20,200 S 20,200 - Embankment 1875 CY 8 15,000 . - Crushed Aggregate Base, D-1 220 CY 30 6,600 - 2" Asphalt Pavement 1700 SY 10 17,000 - Curb and Gutter 165 LF 15 2,500 - Wood Deck along Parking 1500 SF 35 52,500 Pile Mounted Viewing Deck 2400 SF 50 120,000 - Vibration Free Viewing Scopes 3 EA 3,000 91000 - Landscaping lump sum 10,000 10,000 - Interpretive Displays lump sum 20,000 20,000 f• - Construction Inspection lump sum 25,300 25,300 --------- SUBTOTAL $ 298,100 10 % Construction Contingency 29,800 5 % Engineering Administration 14,900 TOTAL $ 342,800 0 DPOR COST ESTIMATE 1/30/87 <a KENAI FLATS DEVELOPMENT i:; xaxaxaxxaxaaaaa=xxxxaaa A. Kenai Flats Wildlife Viewing Area B. Kenai River Wildlife Viewing Area C. Birch Island Cultural Interpretive Area - - -=„ B. KENAI RIVER WILDLIFE VIEWING AREA - r --------------------------------- ;i Develop a paved highway pullout adjacent to the Warren Ames Memorial Bridge with parking for thirty vehicles, seven vehicle/ trailer combinations and two buses. Construct paved sidewalks with wood viewing deck system along perimeter, stairs to the river level and a single vaulted latrine. Site development to ,. include interpretive displays and landscaping. _ Estimated Development Costs: -------------------------- ITEM QUANITY UNIT COST ITEM COST p------------------------------------------------------------------ Design and Plan Preparation lump sum $ 29,700 $ 29,700 'a� 1k Embankment 2200 CY 8 17,600 - Crushed Aggregate Base, D-1 540 CY 30 9,900 s - 2" Asphalt Pavement 4000 SY 10 40,000 Curb and Gutter 740 LF 15 11,100 Stairs 300 SF 50 15,000 Asphalt Sidewalk 590 SY 10 5,900 Wood Deck 5800 SF 30 174,000 Single Vaulted Latrine lump sum 16,000 16,000 - Landscaping lump sum 15,000 15,000 - Interpretive Displays lump sum 25,000 25,000 Construction Inspection lump sure 32,900 32,900 ----------------------------- SUBTOTAL $ 392,100 10 % Construction Contingency 39,200 5 o Engineering Administration 19,600 TOTAL S 450,900 2 L al �4 F r 10 Q DPOR COST ESTIMATE KENAI- FLATS _DEVELOPMENT A. Kenai Flats Wildlife Viewing Area B. Kenai River Wildlife Viewing Area C. Birch Island Cultural Interpretive Area C. BIRCH ISLAND CULTURAL INTERPRETIVE AREA --------------------------------------- 1.• 30; 87 Develop a wood boardwalk under the Warren Ames Memorial Bridge connecting the Kenai River Wildlife Viewing Area to Birch Hill, an historic site upstream of the bridge. Construct a trail loop with eight interpretive stations and two rest stops. Estimated Development Costs: --------------------------- ITEM ------------------------------------------------------------------ QUANITY UNIT COST ITEM COST - Design and Plan Preparation lump sum $ 14,400 S 14,400 - Archaeological Clearance lump sum 11000 1,000 - Underbridge Boardwalk 400 SF 65 26,000 - Pile Mounted Boardwalk 2150 SF 50 107,500 - Interpretive Displays lump sum 25,000 25,000 - Interp. Historical Research lump sum 4,000 4,000 - Single Interpretive Kiosks 8 EA 2,000 16,000 - Construction Inspection lump sum 18,000 18,000 ----------------------------- SUBTOTAL S 211,900 10 % Construction Contingency 21,200 5 % Engineering Administration 10,600 TOTAL S 243,700 3 r , boditze 18dieft hoibe L Re *4. P. O. BOX US KENAI, ALASKA 99611 C �1 i � March 11, 1987 Mr. John Williams, Mayor CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Williams: It gives me great pleasure to present to you and the Kenai City Council, Resolution 87-14 from the Kenaitze Indian Tribe supporting the concept of the Native involvement in the planning and operation of the City of Kenai/State of Alaska, Division of Parks, Kenai River Wetlands plan. Sincerely, ---Or Nault Executive Director Kenaitze Indian Tribe IRA cc: Mike Navarre, Alaska House Representative C.E. Swackhammer, Alaska House Representative Senator Paul Fischer Senator Mike Szymanski Honorable Ted Stevens Honorable Frank Murkowski Honorable Don Young Jeff Jeffries, Attorney at Law � v. KENAITZE INDIAN TRIBE IRA RESOLUTION 87-14 r WHEREAS, the Kenaitze Indian Tribe which provides non-profit program services to 1,741 Alaskan Native residents of the Central and upper Southern Kenai Peninsula in Southcentral Alaska and which was reorganized under the statues of the Indian Reorganization Act of 1934 as amended for Alaska in 1936; and, WHEREAS, the Tribe has established long range goals which re- late to the collective individual social, environmental, economic, and political/tribal government concerns of its service population; and WHEREAS, the Tribe has established working relationships with other Tribal Governments, Alaska Native Corporations, and appropri- ate various local and federal governments and agencies in the very serious charge of the stewardship of the lands and natural resources of the lands including wildlife and its habitat; and, WHEREAS, the Tribe sees itself as the proper jurisdiction from the Native Community to insure this stewardship in conjunction with these other governments and agencies; and, WHEREAS, the City of Kenai and the State of Alaska, through the Division of Parks, has the desire to implement a conservation plan for the city -owned 1,800 acres of wetlands in the tidal area of the Kenai River. at:. the Warren Ames Bridge, which would involve the Native Community in the planning and operation in the conservation concepts, and, NOW THEREFORE BE IT RESOLVED BY THE EXECUTIVE COMMITTEE/TRIBAL COUNCIL OF THE KENAITZE INDIAN TRIBE at its March 7, 1987 meeting, supports the concept of Native involvement in the planning and operation of the aforesaid wetlands and; desires -to assume an active role in enhancing and perpetuating the culture and the heritage of the Dena'ina People of our community. 5ecretary'VKenaltze Indian Tribe Date L 9(tnai eommuniEy _Pina%y A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99511 a] -1:NF-0' 1/ REPORT FOR THE MONTH OF FWUARY 1987 Circulation Adult Juvenile Easy Books Fiction 1472 374 1387 Non-fiction 2079 190 289 Total Book Circulation Films, Pbonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 179 *>5 10 _ 3 Purchases 151 29 9 -- Total Additions Remedial and Re -worked Books Adult Juvenile Easy Books AV 38 11 17 3 Interlibrary Loans Ordered Received Returned Books 49 30 31 AV 50 48 51 Interlibrary Loans by our Library Books Films AV 98 43 18 Volunteers Number 36 Total Hours 806 Income Fines and Sale Books 492.95 Lost or Damaged Books 123.05 Xerox 321.70 Notary Stamp 7.50 Total Income for February 1987 $945.20 L 5T91 556 i 6347 207 2 1 5 37 92 7 351 L. s tVF-0- ja . CITY OF KENAI %Od (?ap4W 4 4" 210 FMALGO KENAI ALABKA Mm TELE HM 2U • 7655 MEMORANDUM TO: Mayor Williams and City Council FROM: Planning & Zoning Commission Janet Loper, Planning Specialist SUBJECT: Ordinance 1188-87 - Encroachments DATE: March 12, 1987 0 The Planning & Zoning Commission met March loth and reviewed the amendments to the ordinance as drafted by the legal and planning departments. The Commission feels comfortable with those changes and nas scheduled a public hearing for March 25th. The ordinance will come back to you in its revised form for your meeting of April 1st. Al J a -W f 1. s A� CITY OF KENAI 'Oil Caja l 4 4"1. ULOWFAM.MS MEMORANDUM TO: Planning & Zoning Commission City of Kenai FROM: J. Ron Sutcliffe, Acting City Attorney►�1L� City of Kenai (U/ DATE: March 10, 1987 RE: Ordinance 1188-87, Encroachments At the last City Council Meeting, the Encroachment Ordinance (attached) was resubmitted to the Council without the Legal Department having reviewed the ordinance. In our prior memorandum to the Council, we had recommended rejecting the encroachment ordinance because of certain reservations about it. Subsequent to that Council Meeting, and after having conferred with Janet Loper, it became obvious that the intent of the ordinance was to correct a fault which had occurred prior to recent times. I have rewritten the ordinance, and in some instances, the language has been changed substantially. The ordinance would need to go back before the Planning & Zoning Commission at a regularly scheduled meeting for public hearing. In addition, some of the paragraphs have been renumbered and clarified. JRS/clf Attachment L 0 1 FO ON LY SUBSTITUTE Suggested By: Planning & Zoning Commission CITY OF KENAI { i ORDINANCE 1188-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.185 ENTITLED "ENCROACHMENT PERMITS." i WHEREAS, the Planning & Zoning Commission had been given certain duties which assist the public in matters pertaining to lands; and, WHEREAS, during the course of reviewing and attempting to meet the needs of the community, it has been found by this body that there is an area that is lacking and is a problem of sufficient magnitude to require a new section added to the existing zoning code; and, WHEREAS, the Commission has held work "sessions and public hearings to determine if this section will meet the needs of the community; and, WHEREAS, as a result of these public meetings, the Commission feels the draft "Exhibit A" before the Council and attached to this ordinance, now fulfills the needs of the Commission and community. i NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1• The Kenai Municipal Code Title 14 be amended by adding Section 14.20.185 entitled "Encroachment Permits" as defined in the attached "Exhibit A." L.� N] L.� PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 1987. ATTEST: Janet Whelan, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: January 21, 1987 Second Reading: February 4, 1987 Third Reading: March 18, 1987 Effective Date: April 18, 1987 L �- r C a . .r t 4f - f k Y - E I i Chanter 14.20.185 ENCROACHMENT PERMITS 14.20.185 Encroachment Permits: (a) Definitions. "Encroachment" means any object or structure above or below ground belonging to a private owner other than the municipality which are in place on the effective date of this ordinance, and which have been constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments existing at the date of this ordinance and which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. (1) The application shall contain the following: [A] A legal description of the property involved; [B] Plans showing the location of all existing objects, rights -of -way or easements, setbacks, tom, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions set forth in Subsections (1) through (4) of this section have been found to exist before issuing an encroachment permit. (1) An encroachment as defined in RMC 14.20.185(a) exists. (2) The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted used in the zoning district in which the property is located. (4) The encroachment has not been located across a platted lot line. (e) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. (f) Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty days to remove the encroachment. L -- / y/f Page} eweww��.�. �1. wf:••.... 1� w�wwwi •ww�• pages ,yc[ Iwo, i. J i 3 }y, k �a (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use; damage to the building, structure, or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. (h) Right to Appeal. Any revocation, suspension, or denial of an encroachment permit by the Planning Commission may be appealed to the City Council by filing a written notice of appeal with the clerk and stating the grounds for such appeal. The appeal notice shall be filed within thirty days after the effective date of the revocation, suspension, or denial of the request for the encroachment permit. All notices of appeal must comply with Section 14.20.290. PaQ4 6h... ..... •....�....• Page: E G 4 r tom' µ�aa L7 i Janet Uml.en, Clerk City of Kenai 210 Fidalgo St. Kenai, AK 99611 ►1 • cc icy Flute 01 nw•i .ottif>inA;0 ioon� >a �s ((.N1< > fzii mnea�Kt�c ar ryyyy •� Ip; yy •: . MO0. 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O •o w i O W .a el u S V CIO►Vd ..1 ! V Y. 0 =.1 m ayiw P4 r pH, t3 0 .0 O.. /- a M O % O 0.4 O H O x .t w ..3 tict: w M O W t7 N z u td 00 O W ,� £ fe •0 !: L4 aa�' .-� .-d N .m e0 tp .-1 M ell aJ H .90 N a fA � i c �+ mV42H ..0 a+ A. 0 s.Uu w M U.aed au9toeo n. to C to t- o 09 o V v a. x •.a w0 31 o -4 e0 W "4ttf 1-4� a V O to N O M v 7 V c V c » us to O .O M M M .-1 .-t •C F+ 3 a a W .0 0 u "4 M N .+ u W A pp O U t2 U x $4 rl 'b M to V - p to •n C w a a .a u •C u u w u to u a w U u .-t •n •o w- .- F C •M 'A .- e .-7 M ae > H 9 M U N C 7. N a1 0 F to w O. M wC -W0 4 t.� % » c < < Ec c E . y: O N O O wtu%Dtuclueg0. i. nl N .-� N Ow•4wa. •C •-e e0 C w� .. N 0 w.4zatnDou.3 V O O •,, PT -v 7 Uv: 3 * aa..t W - V QU t" � � J ti UN •J. Z o o 0 rn C6 CL r- 008 uj el a C.-- 0 0 0 CD C) 0 0 M 0 u La N. —4 11 U tn 1.3 4 w 14 'tl r'l Wn-LdNelson -1 r+f?1517DALW. SLUTE 204 t. y. a 3. _s. c. F iA- March 13, 1987 KENAI. ALASKA 99611 r = 57N . Keith Kornelis Public Works Director City of Kenai 210 Fidalgo St. Kenai, AK 99611 Re: Kenai Boating Facility Monthly Report/Pay Estimate No. 5 Dear Mr. Kornelis: No work on the jobsite has been completed under the Contract since the last Pay Estimate. However, the Contractor has submit- ted a request for payment to include additional mobilization and for developing, testing, and completion of the well. At our February 27, 1987 meeting which included Jim Olson of Western Marine Construction, Inc., among others, the City stated its position to pay only development costs according to the certified payroll. Mr. Olson agreed to reduce the request for development time from 131 hours down to 83 hours in conformance with the certified payrolls. He also requested payment for the item "Completion of Well" which he said included grout sealing around the casing and removal of the 10-inch control casing. He also agreed to send us a letter in response to my letter dated February 25, 1987 acknowledging the reduction in hours. No such letter has yet been received. At the same meeting we discussed the possibility of the City hiring an independent well driller to drill a second well. Jim „ Olson agreed to incorporate the second well into the protect if `{rr;' the City so desired, provided that he would be compensated for extra piping or electrical work that might be necessary as a >'t.: ' r �° • 1 <, result of the change. Since then the City has contracted with an independent company, Kraxberger Drilling, to drill a second well approximately 80 feet from the first well. The well which is 40 feet deep and required less than two hours to develope produces 100 gpm. Q I L Keith Kornelis March 13, 1987 - Page 2 In my opinion this substantiates my contention that the original well which was drilled by Western Marine Construction's subcon- tractor-, Pioneer Drilling, was improperly drilled and developed which resulted in excessive and unnecessary costs to the City. Further substantiation might be obtained by perforating the casing of the original well at the upper aquifer. This situation should be reviewed by the City's legal department to determine its legal merits, however based on the results of the drilling of the second well, I recommend that payments be limited to casing, screen, and completion and that payment for the item "Develope and Test Well" should be withheld. The attached Pay Estimate as revised by myself reflects these comments. Sincerely, Wm. J. Nelson & Associates ,r yL W . J. Nel son, P.E. Principal WJN:bsg Attachment cc: Jim Olson - Western Marine Construction, Inc. { r . In ft Tivpo — 16- W N d w O V f co 00 V V m O r (D O ct H tt w �o O W rn M to O M p14 O OC • GGO taD 7, M FQ i/) ty O � ti o O b q � b N fD ti0R, M � � m �, i m N. �u 0 N M O � M � w v 1�0 M ID Q+ tt ftr. ft pr fD M a 1+� W 'Ct I-+ lb ff n m R LI tit r M __ TUMONIM (907) 30b137S. . r Srs:AL zu T: c £ b I= CALL FOR CUM =8211I M I The Alaska Open Mtetlnga Act, parliamentary procedure, and record creation and management will share center stage at the 1987 [Municipal Clerks Institute, scheduled for !larch 22-27 at the Sheffield Rouse in Ancbprage. s Specialised sessions Will feature Alaskan municipal clerks as well ao invited guests, and as always a key t part of the learning egerlence will be a chance to exchange information with clerks from around the state. f� Chuck Grey, a records management consultant from Seattle, will conduct the workshop on successful records management techniques, including file creation, record retention, and using computers to help out. Lee Sharp, Mat -Su Borough Attorney, and John McKay, attorney for the Anchorage Daily News in its out, against the Legislature for violation of the Open Meetings Act, will present a session focusing on the provisions of the act that affect municipal clerks. 4 A schedule of activities and a registration form are enclosed, for those %ho have not yet registered. Please :t send your registration in right away so we know how many to plan for. Don't forget to reserve your botel room immediately W get sae of the sooau being caved for Institute participants. 4 If you have any questions on the Inetitute, call Chrystal Smith, Programs Manager for AML, at 586-2.325. MmiciPAL OMCIALB DIRECTORY Sg " GiANGES OR ADDITIONS Matanuska-Su:aitna Borough. The Post Office Box should be listed as 1608. City 6 Borough of Juneau. Add: Eve Reckley, Public Information Officer. <X POSITION VACANCIES a� Chief hhuecutive Officer (Borough Manager), Bristol Bay Borough. Dutiea/Reeponsibilities Include proper administration of all Borough affairs, including duties of Borough Treasurer and Personnel Officer. lhequirments: Degree in Business Administration, Public Administration, or a closely related field and 5 years of documented progressively responsible experience in local government. Preferably 2 or more years of s that experience in Alaska local government including grant writing, legislative matters, and finance. Additional experience may be substituted for degree. Applicants will be asked to give permission for a background check. Salary: DOE and negotiable. Benefits: State of Alaska Retirement System, health insurance coverage, and mammal and sick leave. Send resume by April 1, 1987, to Bristol Bay Borough Assembly, Post t Office Box leg, Naknek, Alaska 99633. Spacial Bulletin -.2 - Marcb 6, 1487 - City Adblulstiator, Thorne Bay. _Pull -tins position. not live.in city. 9*011res,sssll rural Alaska city. administration, public utillCies.saaaSeswt,.`and Asanta ane coaetsuctian project,:mannSemant. "8alaryr DOB., Equal Opport�wity Employer. Send vorgass by !larch 25.to City CWk, City of Thorne Bay,. Post bffics Box no,. Thorns Bay, Alaska 99919. If additional information is needed, ca;i'MayorC. !homes Hack a; 8?8z338O., City mans ser, Bethel. Population 4,500; approximately 120 full -tine smployaas. ` Cansral OpoYaMo4Al,lbudaet of approximately BSpoo0,0w. Cooucil/Maaager form of Sov*vwMt. Three yearn pravious "Parlance: as city >r llanaSer in a caMmmity of not less than 39000 residents; similar experience acceptable. Advanced Aiigrse'in Public Adeiaistration or a degree in Business Administrotion/Finsnee or equivalent esparisnca preferred. •Familiarity vitb IBM 3600 computes desirable. Salary nstotiabie. Equal Opportunity Employer. Applications must be received by the Persaonal.Office ao later than !larch 20, 1987. position will be; filled by Aprii'2O, ". 1987. Sand ream a/application to'Pessotarsl Office, Post Office Box 388,. Bethel, Alaska._99SS9. For, or ' information, call (907) 543-2097. f i..t ti a "e i I i u i v MAYOR'S REPORT 1. First Airport Commission Meeting, Thursday March 26, 1987. 2. Soldotna City Hall Open House, 11: 00 a.m. , Saturday, March 28, 1987. (Invitations before them.) 3. Alaska Conference of Mayors, April 16 and May 14, 1987 in Juneau. We have not paid our dues = $50.00 4. We will participate in Community & Regional Affairs Day _< Care Assistance Program. Charlie Brown. 5. Bill Brighton's participation on the AML's Technical Review Committee for Strategic and Action Plan. (A copy of the letter in front of them.) First meeting scheduled for March 20, 1987 in Juneau. Need okay from Council. y - t �1 A TO DO LIST 1. TR - Do not proceed with cease and desist regarding Jackson v. Kenai Peninsula Borough, et al. 2. CAB/TR - Lobbyist contract amendment regarding payment. Send to Mr. Reed for consideration. 3. CAB - Western Marine Pay Certificate No. 5 -- Pay $20,007. 4. Administration - Candlelight Extended/Golf Course -- work toward resolving the problem. Clerk - Flowers for open house at City of Soldotna new City Hall office. Clerk - Dues to Alaska Conference of Mayors -- $50.00. 7. Mayor - Amend Airport Commission ordinance. S. BB - Resolution regarding State/City road maintenance. 9. Mayor - Add two people to Beautification Committee. 10. CAB - Airport bonds redemption. L