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HomeMy WebLinkAbout1990-11-07 Council PacketKenai City Council Meeting Packet November 7, 1990 AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 71 1990 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk *) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Be SCHEDULED PIIBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Resolution No. 90-66 - Ratifying Amendments to the Airport Regulations, 2. Resolution No. 90-67 - Transferring $5,300 in the Airport Land System Fund for Taxes on Tracts B-1 and B-21 CIIAP #4. 3. Resolution No. 90-68 - Transferring $6,163 in the General Fund for Purchase of a Heavy -Duty Multi -Purpose Truck, 4. Resolution No. 90-63 i- Awarding the Bid for "Heavy Duty Multi -Purpose Truck" to p Trailer er Craft for a Total Amount of $126,163-00, Which Includes the Basic Bid of $126,163.00 and DOES NOT INCLUDE THE DEDUCTIVE ALTERNATE NO. 1, - $6,700*00o 5. Resolution No. 90-69 - Adopting the City of Kenai Alaska 1991-92 Capital Improvement Project (CIP) Priority List for Request for State Grants. -1- 9:. x' { 4 6. Resolution No. 90-70 - Awarding the Bid for a "Skiploader" to Craig Taylor Equipment Company for a Total Amount of $23,409.00, Which Includes the Basic Bid and Three Additive Alternates, 7. Resolution No. 90-71 - Transferring $842 in the General Fund for a radio for the Animal Control Department. 8. Ordinance No. 1405-90 - Amending KMC 11.05.010 and KMC 11.05.030 to Correct Ambiguities Regarding the Procedures in Setting Regulations and Rates at the Harbor. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7, Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of October 17,,1990. 2. *Special Meeting of October 251 1990. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Discussion - Mobile Homes Ordinance 4. Approval - Contract for Lobbying Services/Ashley Reed & Associates, Inc. -2 - 5. Approval ' pp - Assignment of Lease - Lot 1A, Block 4, General Aviation Apron, No. 3 - Schumacher/Wolverine Leasing 6. Ratification - 1991 Statement of Legislative Positions/Kenai Peninsula Caucus I. ADMINISTRATION REPORTS 1. Mayor 2, City Manager 3. Attorney 4. City Clerk 54, Finance Director 64, Public Works Director 7. Airport Manager J• DISCUSSION- 1. Citizens 24, Council K. ADJOURNMENT -3- son, 111111111 111101111 N Rq .�i a z s A r Suggested by: City Manager and Airport Manager City of Kenai RESOLUTION NO. 90-66 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA RATIFYING AMENDMENTS TO THE AIRPORT REGULATIONS. WHEREAS, the fuel flowage fees assessed in Airport Regulations 11.05.070 are difficult to administer and apply equitably, and WHEREAS, the City Administration, after consultation with users of the airport, believe that elimination of fuel flowage fees would be in the best interest of the City, and WHEREAS, the City Administration recommends an increase in landing fees, which would generate revenue approximately equivalent to the loss in revenue from fuel flowage fee elimination. WHEREAS, the Cit Manger in accordance with KMC 21.05.030, has amended the Airport egulations as stated below. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council ratifies the following amendments to the Airport Regulations: Section 1: Section 11.05.070, which levies fuel flowage fees, is repealed. Section 2: Section 14.05.010 is amended as follows: 14.05.010 General: (a) There shall be a landing fee of [TWENTY (20)] twenty-five (25) cents per thousand pounds of weight on aircraft with a certification gross take -off weight of 4,000 pounds or over, payable monthly. (b) There is no landing fee for aircraft under 4,000 pounds certified gross take -off weight. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 1990, to be effective January 1, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (f q 4z (10/23/90) kl 1791-1991 CITY OF KENAI 0 (2apdxd 4 4za4" it 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: Kenai City Council I FROM: Kenai Airport Commission. DATE: October 23, 1990 RE: Resolution No. 90--66 At their meeting of October 11, 1990 the Airport Commission reviewed Resolution No. 90-66: A RESOLUTION OF THE CITY OF KENAI, ALASKA RATIFYING AMENDMENTS TO THE AIRPORT REGULATIONS, which proposes an increase in landing fees and eliminates fuel flowage fees, This Resolution was drafted after a meeting on September 25th, which was held to consider alternatives to fuel flowage fees. All air carriers and fuel handlers had been invited to participate in the discussion. All air carriers and fuel handlers were also invited to the October 11th Airport Commission meeting where Resolution No. 90-66 was discussed. The Airport Commission took the following action on proposed Resolution No. 90-66. Commissioner Garnett moved for approval. Commissioner Ames seconded. The Resolution passed by unanimous consent. L C-,-,Z � Suggested by: Administration City of Kenai RESOLUTION NO. 90-67 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $5,300 IN THE AIRPORT LAND SYSTEM FUND FOR TAXES ON TRACTS B-1 AND B-2, CIIAP #4. WHEREAS, in April, 1990, the City of Kenai and Fred Meyer, Inc. entered into a lease cancellation agreement on the above referenced lots; and WHEREAS, the cancellation agreement provides for the proration of all charges payable under the lease, which include property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Land System -- From: Land - Contingency $ 5,300 To: Land - Miscellaneous $ 5,300 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (10/26/90) kl MEMORANDUM TO: Kenai City Council 1791-1991 CITY OF KENAI "Od (?aP4V' 0 4ia44a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 FROM: Charles A. Brown, Finance Directort,aW DATE: October 26, 1990 SUBJECT: Taxes, Tracts B-1 and B-2, CIIAP #4 Included in the November 7, 1990 council packet are a resolution transferring money and an item on the list of bills to be paid for property taxes on the former Fred Meyer, Inc. lots. Effective April 18, 1990, the City and Fred Meyer mutually agreed to rescind the lease on Tracts B-1 and B-2. The cancellation agreement is attached. The agreement says that "charges payable under the lease shall be prorated." Property tax is a charge payable under the lease. In April, neither the City nor Fred Meyer knew the amount of the taxes. Tax bills are mailed in July. On July 22nd, Fred Meyer paid 108/365 of the property taxes, which is the appropriate ratio for the days that they held the land under lease. The City owes the remainder of the tax, calculated as follows: Tax on both lots $ 12,753.28 Fred Meyer payment (108/365) <3,773.57> City share of property tax that KPB has written off <31763.26> Penalty and interest 79.36 Balance owed $ 5,295.81 Normally, when a lease is cancelled in mid -year, the City requires the lessee to pay the property taxes for that year. However, normally, leases are cancelled at the request of the lessee; the City usually does not have any particular desire to cancel. 1 ?'3 Suggested by: Public Works City of Kenai RESOLUTION NO. 90-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $6,163 IN THE GENERAL FUND FOR PURCHASE OF A HEAVY DUTY MULTI -PURPOSE TRUCK. WHEREAS, the City Council budgeted $120,000 in the Street Department to purchase a multi -purpose truck; and WHEREAS, the only bid for the truck was for $126,163; and WHEREAS, money is available in the General Fund contingency account for this transfer. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $ 6,163 To: Streets - Machinery and Equipment $ 6,163 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (10/29/90) kl 1 c c i r I i f Suggested by: Administration CITY OF KENAI RESOLUTION NO. 90-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI ALAS ' KA, AWARDING THE BID FOR "HEAVY DUTY MULT I -PURPOSE TRUCK" TO TRAILER CRAFT FOR A TOTAL AMOUNT OF $126,163.00, WHICH INCLUDES THE BASIC BID of $126,163*00 AND DOES NOT INCLUDE THE DEDUCTIVE ALTERNATE NO. 11 $6,700*009 WHEREAS, the City of Kenai received bids for the above Heavy Duty Multi -Purpose Truck mentioned p k on October 11, 1990 and Trailer Craft was the only bidder, and WHEREAS, the Basic Bid includes the truck dump watertanker, bell blade, truck body, y e , and hardware for mounting snow plow, and WHEREAS, Deductive Alternate No. 1 is the deletion of the Dump Truck Body and it is not recommended to approve of this deduction, and WHEREAS, Trailer Craft's bid meets the bidding• except for the deliver d specifications y ate, and } WHEREAS, after negotiating with the only bidder it was determined t that the City would accept an $11,422. 00 deduct' • substituting a 10 ion off the bid by • g speed manual transmission instead of the automatic transmission specified, and WHEREAS, sufficient funds are available and WHEREAS, the Council of the Cityof Kenai has ' awardingthis co determined that contract to Trailer Craft for the total amount of $126,163*00 is in the best interest of t ' he City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL O ALASKA, that the bidF THE CITY OF KENAI, for a Heavy Duty Multi -Purpose Truck be awarded to Trailer Craft for the total basic bid amount of $126,163eOoo PASSED BY THE COUNCIL OF THE CITY OF KENAI ALA ' November, 199o, SKA , this s 7 th day o f ATTEST: carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kv 10/29/90 JOHN J. WILLIAMS, MAYOR k: i 4W. 00 PO 1 wttrrc�lM�i� WHITEGMC OF ALASKA A division of T)a!!or care FAX W nPLN O"= T TAT,, ID.A er E s /v --.fL' IV A X UCr 5�1--233.3, FCaLL0WXNC:; s Y'0LJ D014 ' T IkE cm =ATE PL�AS� c.AI.,�.. ALI._. �E AT T1-iE NLJA,�t�YJ'E �t8r�. 1950 E. Dowling Road Suggested by: Coun CITY OF KENAI RESOLUTION NO. 90-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI, ALASKA 19 91-9 2 CAPITAL IMPROVEMENT PROJECT (CIP) PRIORITY LIST FOR REQUEST FOR STATE GRANTS. WHEREAS, input for the 1991-92 CIP list from the Kenai City Council, City Administration, and citizens of the City of Kenai, has resulted in the following prioritized CIP list being requested of the State of Alaska, and WHEREAS, it is the intent of the Council that paving and water and sewer projects in residential areas will be partially funded by forming assessment districts in order to make any available State funding go farther toward completion of the priority list, and WHEREAS, public meetings were held concerning the 1991-92 Capital Improvement List, and WHEREAS, the Council of the City of Kenai, after receiving and analyzing the input from all sources and after discussion and deliberation, has decided to adopt the attached 1991-92 CIP List, and WHEREAS, the Mayor and the Council of the City of Kenai pledge their.. affirmative vote for the maintenance and operational costs of all the City projects listed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai adopt the attached list entitled "CITY OF KENAI, REQUEST FOR STATE GRANTS, 1991-92 CAPITAL IMPROVEMENT PROJECTS" AND BE IT FURTHER RESOLVED that prior to initiating paving and water and sewer projects in residential areas through the use of State funds the City shall hold public hearings towards the formation of special assessment districts- to partially fund projects listed under the Capital Improvements Project priority list. PASSED BY THE ..COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of November, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Written by Public Works: CITY OF KENAI REQUEST FOR STATE GRANTS 1991-92 CAPITAL IMPROVEMENT PROJECTS 1. Area Wide Economic Development: Congregate Housing $ 11800,000 2, Health & Safety • A. Thompson Park Sewer Interceptor $ 11800,000 B. Thompson Park Water & Sewer Mains 11200,000 _C. Community Road Development 21200,000 3. Economic_Development & Tourism: A. Ice Rink $ 5001,000. B. Boat Ramp 500,000 C. Park Improvements 5001000 CITY OF KENAI'S REQUEST $ 81500,000 i s i t Suggested by: Administr...........0ji CITY OF KENAI RESOLUTION NO. 90-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A "SKIPLOADER" TO CRAIG TAYLOR EQUIPMENT COMPANY FOR A TOTAL AMOUNT OF $231409.00, WHICH INCLUDES THE BASIC BID AND THREE ADDITIVE ALTERNATES. WHEREAS, the City of Kenai received the following bids for the above mentioned Skiploader on November 1, 1990 BIDDER BASIC BID ALT. 1 ALT. 2 ALT.3 TOTAL Craig Taylor Equip. $19,090 $1390 $ 489 $2440 $23,409 Yukon Equipment $21,749 $1495 $ 630 $2575 $26,449 WHEREAS, the Basic Bid was for a Bobcat Model 843B with pallet forks and large snow bucket, and WHEREAS, Additive Alternate No. 1 was for an angle blade, No, 2 was for a dirt bucket, and No. 3 was for wheel tracks, and WHEREAS, Craig Taylor Equipment Company's bid meets the bidding specifications, and WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Craig Taylor Equipment Company for the total amount of $23,409.00 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, that the bid for a Skiploader be awarded to Craig Taylor Equipment Company for the total amount of $23,409.00 which includes Additive Alternates No. 1, 21 & 3. PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 7th day of November, 1990, JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ep qd Written by Public Works: /kv SpeGjj:1G0j0tAS � Pictures of Bobcat loaders may show other than standard equipment. 31 d✓• X• i s k A BIG CAPACITY WORKHORSE, WITH MULTI -JOB ATTACHMENT VERSATILITY. HEIGHT 8155 (2057 MM) WIDTH (LESS BUCKET) 6055 (1524 MM) RATED OPERATING CAPACITY 1700 LBS. (771 KG) • Powerful Four -Wheel Hydrostatic Drive. • Bob Tach System for Quick Attachment Changes. Tip -Up Operator Cab and Swing Out Tailgate for Easy Maintenance. Powerful, Four -Cylinder Isuzu Diesel Engine. Seat Bar, Secondary Operator Restraint System. Af-F-ERO-ECOMPANY Suggested by: Public WorkL q 1 . f City of Kenai RESOLUTION NO. 90-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $842 IN THE GENERAL FUND FOR A RADIO FOR THE ANIMAL CONTROL DEPARTMENT. WHEREAS, the Public Works Director has requested $842 to replace a radio, including charger, used by the Animal Control Department; and WHEREAS, money is available in the General Fund contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $ 842 To: Animal Control - Machinery and Equipment $ 842 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of ` November, 1990. f' JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: gf 9Q (11/1/90) kl Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1405-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 11.05.010 AND 11.05.030 TO CORRECT AMBIGUITIES REGARDING THE PROCEDURES IN SETTING REGULATIONS AND RATES AT THE HARBOR. WHEREAS, Ordinance No. 1208-87, which was adopted May 20, 1987, established procedures for setting regulations and rates at the harbor, and WHEREAS, a review of the memoranda and Council minutes relating to Ordinance No. 1208-87 indicates that the Council intended that regulations and rates at the harbor should be set and modified by the City Manager, with an opportunity for Council to change such regulations and rates if it disagreed, and WHEREAS, the actual wording of Ordinance No. 1208-87 requires that such regulations and rates be effective only after Council approval, and WHEREAS, KMC 11.05.010 contains other language that is ambiguous. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE�CITY OF KENAI, ALASKA, that KMC 11.05 is hereby amended as follows: Section 1: 11.05.010 Harbor Master: The Harbor Master[,] shall be the Public Works Director. The Harbor Master shall be the chief administrator of the harbor and its facilities. He shall have all powers and duties prescribed by ordinance and the regulations and rates prescribed by the City Manager.[, SUBJECT TO APPROVAL BY THE COUNCIL; AND, IN ADDITION, INSOFAR AS IT IS APPROPRIATE, SHALL HAVE ALL POWERS AND DUTIES AND RATES PRESCRIBED BY THE CITY MANAGER, SUBJECT TO APPROVAL BY THE COUNCIL; AND, I] In addition, insofar as it is appropriate, shall have all powers and duties imposed upon harbor masters, port directors, and administrative heads of harbors and ports by Federal or State law. Section 2: 11.05.030 Harbor Regulations: The City Manager is hereby empowered, subject to [THE APPROVAL] chan e by the Council, to make such rules and regulations required for the operation of the harbor, not in conflict with the provisions of this Code, and to establish the fees, rates and charges for the billing and collections for the support of the harbor, and no person shall fail to comply with any such rule or regulation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 17, 1990 Adopted: November 7, 1990 Effective: December 7, 1990 Approved by Finance: eqa. (10/11/90) kl KENAI AIRPORT COMMISSION October 11, 1990 - 7:00 P.M. City Hall Council Chambers Chairman Bob Summers Presiding 1. ROLL CALL Present: Also Present: 2. Ames, Summers, Garnett Airport Manager Harvey APPROVAL OF AGENDA Knopper, Shackleton, Toppa, Ernst, Commission Secretary Agenda was presented with additions: 5a. Report on Emergency Preparedness Drill - Randy Ernst MOTION & VOTE: Commissioner Shackleton moved approval of the agenda as amended, seconded by Commissioner Knopper. Motion passed by Unanimous Consent, 3. PERSONS PRESENT SCHEDULED TO BE HEARD � a. sue • Carter - Kenai Bicentennial Commission Sue Carter, Executive Director, Kenai Bicentennial Commission, reported that the calendar of events was being compiled for the 1991 celebration. There are a lot of activities being planned, with emphasis on the fishing industry and native culture. The Commission is seeking participation from as many local as possible. groups The Commission has been working with the Pentagon and Senator Stevens to see if she could get an aerial demonstration team to the Peninsula. It would either be the Thunderbirds or the Bl ue Angels. In order for either group to come to the Peninsula, there must be a scheduled event at which to perform. Carter suggested tying the demonstration to the annual airshow with a possible theme of "Bicentennial Salute to Aviation," with displays of older aircraft and the history of local aviation. Carter felt that the Airport Commission could help sponsor this event and have input about the celebration. Carter said that the earliest she would know whether a group would be comingwould b December. She was just r if presenting it to the Commission to see f i they would be interested n sponsoring the event. Chairman Summers asked if the demonstration didn't take place, what the Airport Commission could do as an alternative event?He also asked what time of year Carter proposed. Kenai Airport Commission October 11, 1990 Page 2 Carter suggested that just the airshow with a Bicentennial theme would be good. She thought that May, August or late September were open, but she wasn't sure without looking at the calendar. She said that there might be some cost involved, but that the Bicentennial Commission had been soliciting funds from different organizations and could possibly find a financial sponsor for this event. Chairman Summers asked what the deadline would be for details to be worked out for this event. Carter suggested that early spring would be good and give plenty of time for advertising, etc. Randy Ernst suggested that the event be scheduled in the late part of summer, since the airport has a large drainage project scheduled in the first part of summer 1991. He said that if the event needed to be held before the drainage project was completed, the construction contract could specify that large equipment be moved prior to the show. Carter said that the aerial demonstrations draw an average of about 51000 people. As soon as the show is scheduled, it would be advertised in the calendar, airline magazines, and assorted visitor guides throughout the State. Ernst recommended that a Resolution for funds be presented to Council as soon as possible. If funds will be needed, they can be presented in next year's budget. Cartersuggested that someone from the Airport Commission should meet with her in the near future to discuss details, possible costs, etc. Chairman Summers suggested that Bill Toppa, who handles public relations for the Commission, meet with Carter and report back to the Commission at their next meeting. Carter said that one area which should be addressed is the security for the event. She suggested the possibility of us* the National Guard or the local Civil g Air Patrol, Chairman Summers thought that the Civil Air Patrol would be a valuable resource in helping with displays and setting p u the show. Ernst asked that he be included in the meeting between Carter and Toppa. Kenai Airport Commission October 11, 1990 Page 3 b. Mayor John Williams - T-33 Project Mayor Williams was unable to attend this meeting. The Commission secretary was asked to reschedule this report for the next meeting. 4. APPROVAL OF MINUTES - September 13, 1990 MOTION & VOTE: Commissioner Knopper moved for approval of the minutes as presented, seconded by Commissioner Shackleton. Motion passed by Unanimous Consent, 5. OLD BUSINESS a. Report on Emergency Preparedness Drill Randy Ernst reported that the Airport had conducted an emergency preparedness drill in accordance with Airport Certification requirements. The drill was probably the first in Alaska to be carried out in the dark. The scene was very realistic, with victims in various states of . injurY All available local emergency services were involved. There were two main problem areas with the drill. One, that crews evacuate the injured in less time; and two, that additional lights are needed for Truck #4. The drill went very well and will be a great help in preparing an emergency plan which could be used in other emergency situations. Chairman summers said he had attended the drill and that it was very realistic. The initial response time was very good, about two minutes. It took approximately 44 minutes to get the first victims from the scene, which he felt was a bit excessive. Ernst said that the delay in evacuating victims was being addressed in the critique. Chairman Summers also noted that he felt the drill was very beneficial and he hoped that more Commissioners would attend any future drills. Kenai Airport Commission October 11, 1990 Page 4 b. Pay Parking at Airport Terminal Ernst reported that the City Council had concurred with the Airport Commissions request to investigate the possibility of pay parking at the airport. However, the Council only wanted to charge for long term parking. Ernst had been checking into this possibility and reported that the tentative cost for a parking lot across the street from the existing lot would cost $91,000. Ernst distributed information on a pay box system and said he would keep the Commission informed on progress of this project. c. Gift Shop Request to Sell Pull Tabs and Tickets Ernst reported that the owner of the gift shop in the terminal had requested to install a satellite ticket dispensing unit. She had also discussed the possibility of selling pull tabs from her store. Commissioner Toppa asked if the ticket dispenser would compete with travel agents already in the terminal? Ernst said he couldn't see any problem with the ticket dispenser. Chairman Summers asked for the Commission's recommendation on selling pull tabs in the terminal. MOTION: Commissioner Garnett moved to recommend to Council to make it a matter of policy to not allow pull tab sales in the airport terminal at any time. Commissioner Shackleton seconded. VOTE: Passed unanimously. c. Landing Fee Increases Ernst reported that a meeting had been held on September 25th to discuss increasing fuel flowage fee. After a lengthy discussion all persons present agreed that it would be preferable to increase the landing fees from $.20 to $.25 per thousand pounds of certified gross take -off weight, and to eliminate fuel fees, A draft resolution had been prepared for the Commission's review which addressed this amendment to the Airport Regulations, Kenai Airport Commission October 11, 1990 Page 5 Commissioner Knopper asked how this landing fee increase compared to other airports throughout the P P g State. Ernst said that all other airports charged a higher landing fee and that this would eliminate fuel fees completely. Commissioner Shackleton said that he felt the proposed landing g fee increase would be more equitable for all involved and spread the fees out over more users. MOTION & VOTE: Commissioner Garnett moved to approve proposed Resolution to increase landing fees. Commissioner Ames seconded. Passed by unanimous consent. 6. NEW BUSINESS Ernst: said that Charles Tuiland has a floatplane business and will be requestinga commercial lot on • the float plane basin next year. He would like to put a small building on that lot, where his clients can wait for him before their trip. Ernst felt the Commission should draft a uniform building plan so all the buildings on the float basin would be similar , Commissioner Toppa suggested that Ernst talk to Tuiland to see if he would give a copy of his plan to the Commission to use in preparing the criteria for buildings on the float plane basin. Commissioner Garnett asked how big of building would be needed for storage units on.the float basin. Ernst felt that the units didn't need to be too large, perhaps 8 X 12, but with large doo rs ors to facilitate floats, etc. Commissioner Garnett suggested that a section be incorporated into the guidelines which would require all plans and specs to P p be approved by the.Airport Manager. Ernst also noted that there were some fuel tanks now in existence on the float plane basin which did not meet DEC requirements, The tanks were supposed to q pp be contained in pits but were presently above ground. Commissioner Shackleton said that people should have to ge t t a permit from the DEC before building tanks. The Commission could not approve building any tanks until the DEC permit was acquired, p q ed. Kenai Airport Commission October 11, 1990 Page 6 Chairman Summers asked that Ernst draft recommendations about buildings and fuel tanks for next meeting. 7. AIRPORT MANAGER'S REPORT Ernst distributed a chart showing passenger enplanements for the year. It showed that the three airlines are getting an equal amount of passenger flow, 8. COMMISSION COMMENTS & UESTIONS 9. ADJOURNMENT There being no further business, the meeting was adjourned at 8:50 P.M. Respectfully Submitted, Loretta Harvey Commission Secretary 1791-1991 CITY OF KENAI .� „ail eaf ;,/,.7C 444u4a It 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: William J. Brighton City Manager FROM: Charles A. Brown, Finance Director e aQ Randy Ernst, Airport Manager DATE: September 25, 1990 SUBJECT: Airport Fuel Flowage Fee Today, we held a meeting at City Hall regarding proposed resolution No. 90-50 (see attached), which was removed from the agenda at the September 19th council meeting. All air carriers and fuel handlers were invited. In attendance were: Charles A. Brown Randolph A. Ernst Jim Doyle Dan Pitts Dean Eichholz Vern Lofstedt Brian L. Shackleton Craig Lofstedt Robert Bielefeld City of Kenai City of Kenai Doyle 's Fuel Kenai Aviation Fuel Service Kenai Aviation Fuel Service South Central Air Kenai Air Kenai Air Kenai Aviation After much discussion, the general consensus was that the fuel flowage fee has not been paid nor administered consistently. It was felt that the revenue generated by the fuel fee (about $8,000 per year) probably does not justify the administrative burden incurred by the City and the fuel distributors. Also, the Kenai Airport fuel fee is another economic disincentive toward purchasing fuel at the airport. Anchorage fuel is already about $.20 per gallon cheaper. All persons present at the meeting agreed that it would be preferable to increase the landing fees from $.20 to $.25 per thousand pounds of certified gross take -off weight, and to eliminate the fuel fees. This would raise about the same amount of revenue. A draft resolution is attached which accomplishes this. This memo and the draft resolution will be scheduled for the October 11, 1990 Airport Commission meeting. Notice of that meeting will be sent to air carriers. Then, perhaps the resolution can go to council on November 7, 1990. CSuggested by: City Manager and Airport Manager City of Kenai RESOLUTION NO. 90-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA RATIFYING AN AMENDMENT TO THE AIRPORT REGULATIONS. WHEREAS, the Airport Manager recommends that Airport Regulation 11.05.070, dealing with fuel flowage fees, be amended to (1) increase the jet fuel tax by one-half cent per gallon, (2) delete the five cent per gallon aviation oil tax, and (3) make it clear who shall pay the tax, and WHEREAS, the City Manager, in accordance with KMC 21.05.030, has amended the Airport Regulations as stated below. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council ratifies the following amendment to the Airport Regulations: 11.05.070 [FUELING DISTRIBUTORSHIP: (A) THE WHOLESALE DISTRIBUTOR OF ALL AVIATION FUEL SHALL PAY THE CITY A FEE OF TWO (2) CENTS PER GALLON FOR ALL AVIATION GASOLINE; ONE AND ONE-HALF (1 1/2) CENTS PER GALLON FOR ALL JET FUEL; AND FIVE (5) CENTS PER GALLON FOR ALL AVIATION OIL DELIVERED OUTSIDE THE CITY FOR USE ON THE KENAI MUNICIPAL AIRPORT, PROVIDED THAT THE ABOVE FUELS AND OILS ARE TO BE USED IN ANY TYPE OF AIRCRAFT.] Fuel Flowage Fee: (a) Every person or entity that delivers aviation fuel to the Kenai Municipal Airport shall pay the City a fee of two 2 cents for every gallon of aviation fuel that it delivers. Aviation fuel manifested as air cargo and carried in tanks not connected to the aircraft's engine(s) is exempt from the fuel flowage fees. "Aviation fuel" is any petroleum distillate or other product manufactured or dispensed for the purpose of being used as a propellant for aircraft engines. (b) The fee shall be paid on a regular monthly basis by the deliverer [WHOLESALER] and a list of the bulk gallonage delivered to each individual on forms supplied by the City along with a copy of the invoice for each delivery must be submitted. (c) Exceptions are made to fuels sold to the United States Government Agencies dispensing petroleum for their agencies' use. c PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 1990, to be effective on October 1, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (9/13/90) kl c E Page Two Kenai City Council October 26, 1990 In this case, the City did desire to cancel the lease because it believed that another lessee would develop the property sooner. This is evidenced by a sentence in the cancellation agreement which says, "Lessor has received an offer to lease the property from a third party and also desires to cancel the lease." In fact, it might be said that the City initiated the cancellation. It is common practice in the real estate business for the two parties to prorate taxes for the year in which land is transferred. Because of the circumstances of this cancellation, and because it is standard practice when the parties both desire to transfer property, I do not find it unusual or inappropriate to pay our share of the taxes. This is just another cost of being in the land business. The taxes will be charged to the airport fund, which derived the revenue from the lease. I urge the council to approve the resolution and to approve payment. e t Date: Parties: And: C C LEASE CANCELLATION AGREEMENT April A&, 1990 The City of Kenai a home -ruled corporation Fred Meyer, Inc., a Delaware corporation RECITALS 0365 412 On or about July 8, 1985 Lessor and Fred Meyer Real Estate Properties, Ltd. entered into a lease (the "Lease") following described property in Kenai Reporting District, State of Alaska: Tracts B1 and B2, Cook Inlet Industrial Airpark Subdivision, Kenai, Alaska (the "Property"). The Lease was recorded July 19, 1985, in Book 266 at . Page 625, Kenai Recording District. On or about October 17, 1986 Fred Meyer Real Estate Properties, Ltd. assigned its interest in the above referenced Lease to Lessee. Pursuant to the terms of the Lease, Lessee was to construct a retail store on the property. Lessee has elected not to construct its retail store on the Property and now desires to cancel the Lease. Lessor has received an offer to lease the Property from a third party and also desires to cancel the Lease. Now therefore, in consideration of the mutual promises and covenants set forth in this agreement and other valuable consideration, receipt of which is hereby"acknowledged, the parties agree as follows: 1. Cancellation of Lease. The Lease shall be cancelled effective the Ah- day of April, 1990 (the "Cancellation Date"). 2, Final Prorations. The annual rent and other charges payable under the Lease shall be prorated between the parties as of the Cancellation Date. essee shall be responsible for paying rent and performing all other obligations under the Lease arising prior to the Cancellation -Date, "_eI7 �. } 3. Surrender of Possession. UGv. PnrE 413 Lessee will surrender possession of the Property to Lessor on the Cancellation Date. ' p Y Zff 3z am An IAL • In witness whereof the parties have executed this instrument as of the date first above written. LESSOR: CITY OF KENAI By: Willi J. B 'ghton City Manager LESSEE: FRED MEYER, INC. a Delaware corporation l By: OU Alex J . 11i, Jr. Vice President Corporate Facilities Division -2- r= r • J • STATE OF ALASKA ) G(JF': 0365 Pr`-,CE 414 ss. County of ) On this dayof , 1990, before me, the undersigned, a Notary Public in a d for the State of Alaska, duly commissioned and sworn, personally appeared William J. Brighton to me known to be the City Manager of the City of Kenai the home - ruled corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and. voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. �•• Witness my hand and ,Wqd' ) , Ytjj;first above written. Jt STATE OF OREGON ss. County of Multnomah official seal hereto affixed the day NOTAIZY PUBLIC in and for the State of Alaska, residing at My Commission Expires: YLIZ� On this 54 day of C._. , 1990, before me, the i undersigned, a Notary Public n and for the State of Oregon, duly commissioned and sworn, personally appeared Alex J. Lelli, Jr. to me known to be the Vice President of Fred Meyer, Inc., a Delaware corporation the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Witness my and year first above hand and official seal hereto affixed the day written. NOTARY PUBLI in and for the State of Oregon, residing a R> My Commission Expires: \\ - t3 -9t• 90-3278 KtiNM RAC DISTRICT �► c� D 3Y -6&4 C� a1A.• t'1 o&& 1 ! WEIITEGINC WHITEGMC Of ALASKA • A division of 7?a1hr crrrr DETAILED DESCRIPTION OF WORK TO BE AID . PRICE LL �V • Cli�lD�/�Vi�� , dV �E . E � f�T- 7 i!�/i►� ti'� .v� / Tio v � all • as � tt;�� 4_zero / dL G S e .4 dd- 4. . /00 +id Da JV Ivy f -O�IS-y z:lo 400 90 E!�/ TOT.4/ ,d/ 1950 E. DaN I i n g Roan Anchorage, Alaska 99507 (907) 561.2311 /Fax (907) 3-1161.2850 r- KENAI HARBOR COMMISSION October 15, 1990 Kenai City Hall Barry Eldridge 1. ROLL CALL: The meeting was called to order by Chairman Eldridge at 7:07 p.m. Commissioners present were Eldridge, g Breeden, Maguire, Malberg', Thompson and Hallstead. Also present were Ad Hoc member Walker and Mr. Kornel us from the City of Kenai, 2. APPROVAL OF AGENDA: Additions under Old Business were: c dock lease and camping/living facilities; and under New .Business were: e) soliciting retail services near dock f aci 1 i ti es , fl Commissioner Breeden' s report of the last Kenai River Board meeting, g) City of Kenai's Resolution, and i) commercial vs. sport fishing boats at dock. 3. APPROVAL OF MINUTES OF AUGUST 6, 1990:,Commissioner Breeden noted that her name was left off the roll call and then moved to approve the minutes as amended. Commissioner Thompson seconded. Lotion carried. 4 . OLD? BUSINESS,* a. Kenai River Boat Ramp. The Corps of Engineers is still sitting on the permit application and the Commission will be apprised of anything new. Commissioner Maguire made a query regarding sales tax of guides living in So 1 dotna and using Kenai facilities. It was felt this was an administrative problem within the Borough and it is probably an impossible thing to regulate. b. Commissioners reviewed the last three Kenai Harbor rate schedules. Mr. Kornelus reported that gas and diesel has continued to rise which the rates reflect. The Harbor is preparing for season's end with possibly one more week of activity in the area. C. There was a general discussion regarding the appearance of the current lessee's camping/living quarters had this past year. Commissioner Eldridge suggested a letter be sent to leaseholder informing them that the City of Kenai was concerned about the shanty town appearance of their living quarters; and while they were not in violation of the lease since this item was not addressed, this item will be strongly considered when reviewing the new lease in 1992. The Commission also requested to be given a copy of the current leaseholder's requirements and to be allowed to review the new lease requirements when going through the renewal process. KENAI HARBOR COMMISSION October 15, 1990 50 NEW BUSINESS : Page -2- a. October 9th memo from John Williams. There was a general discussion of the lack of quorums experienced during the recent months. Now that there is a full Commission, each member should concentrate on being in attendance at the meetings. b. Appointment of Donald Hallstead. The Commissioners welcomed Don Hallstead onto the Commission. Then each Commissioner gave a brief synopsis of their interests and reasons for being on the Commission. c. November meeting date. November's regular meeting date is Veteran's Day. After a general discussion, it was 6 decided to move November's meeting date up one week to November 5. d. Army Corps Permit Application - Inlet Fisheries, Inc. ,The comment period for this application expired on September 24 so no comments could be submitted to the Corps; however, the Commission felt the application was in order. There was some concern regarding the number of buoys being placed in the river by this and other applications. e. Soliciting retail services near the dock area. There was a general discussion regarding the possible solicitation of services to be located near the dock that would make the dock more attractive to the fishing community. Such services could be electronics or fishing equipment retail or a mechanical repair shop. Discussion included limitations of such services and possible location of solicited services, Commissioner Maguire stated he would like to see more handicapped services available. Cunningham Park was thought to have some possibilities for such services. Commission requested a plat of Cunningham Park for the next meeting. f. Breeden's Kenai River Advisory Board meeting report. Much of the last meeting dealt with open meeting vs. unadvertised closed meetings of the Board and its committees. The Board passed a resolution in support of raising guide fees and monies collected would help pay for a study to evaluate the river's carrying capacity. Commissioner Breeden stated her concerns KENAI HARBOR COMMISSION October 15, 1990 Page -3- aver recent actions of the Board and her concerns for the river especially the first 3-10 feet of the water column along the shoreline where the small fish are known to make their habitat. g. Resolution for the City of Kenai. Commissioners reviewed a resolution to go before the City of Kenai officially supporting the hosting of the 1991 Annual Conference of the Alaska Association of Harbormasters & Port Administrators, Inc. ACTION TAKEN: COMMISSIONER BREEDEN MADE A MOTION TO REQUEST THE CITY TO PRESENT THE RESOLUTION TO THE COUNCIL FOR THEIR SUPPORT AND PASSAGE OF RESOLUTION, MOTION WAS SECONDED BY ---COMMISSIONER MAGUIRE AND PASSED UNANIMOUSLY. h. Mr. Walker stated he has been approached by commercial entities as well as by sport fishing people voicing concern about congestion at the dock in the height of the season two hours prior and after the high slack tide which is the only time the larger commercial boats can get in and out. There was discussion of giving commercial boats preference on the downriver ramp during this time. It was felt that the situation could not be policed with the current manpower at the dock, but the possibility was discussed of placing some self -policing signs to see if compliance would occur. The Commission would like to have the Harbormaster to address them on problems that occurred on the dock this past season. 6. CORRESPONDENCE: a. Harbormasters and Port Administrators Convention. Vice -Chairman Thompson will attend the annual convention in Skagway November 5-9. b. Breeden's Report of August 29 to Council. Commissioner Breeden was again thanked for her time and thoroughness in representing the City's concerns at the Kenai River Advisory Board meetings. C. Alaska Coastal Commentary, The Commission reviewed the most current DOT&PF newsletter. KENAI HARBOR COMMISSION Page _4_ October 15, 1990 7. COMMISSION COMMENTS & QUESTIONS: The newer Commissioners would like to receive a copy of the Cormnission's Five -Year Plan for their review. 8. ADJOURNMENT: COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING. SAM MAGUIRE SECONDED. MOTION CARRIED AND MEETING WAS ADJOURNED AT 9:40 P.M. Respectfully submitted; Ea lene Reed, ecording Secretary for the City of Kenai f KENAI ADVISORY LIBRARY COMMISSION MINUTES Kenai Community Library Kathy Heus, Chair September 4, 1990 1. CALL TO ORD R: The meeting was called to order by Kathy Heus Chair, at 7:41 p.m. - 2. ROLL CALL Kathy Heus, Carol Brenckle, Linda Wetzel, and Janice Rodes. Dr. Paul Turner was excused. Also in attendance: Emily DeForest, Library Director; Councilwoman Chris Monfor, Ad Hoc; and Ethel Clausen, KPC Librarian. 3. APPROVAL. -OF AGENDA; Commissioner Brenckle moved to approve the agenda. Commissioner Wetzel seconded. Agenda was approved by unanimous consent. 4. APPROVAL OF -MINUTES OF JUKE 5, _- 990: Commission Rodes hated - there i s �no "H" in Rodes. Motion f rom Commissione r Brenckle and second by Commissioner Rodes to approve the minutes as corrected. -Motion carried unanimously. S. PERSONS SCHEP LED To BE HEA _. _ ___�...._.__ �. _ _ ___ _ R D L None, 6. I}IRECTOR'S__PEPORT: Summer reading program went well with 157 children signing up and reading848 books. . The party was attended by 92 young people and they were given prizes for various accomplishments. Shannon Kovac , Carol Ford, July Neal and Debbie Faulk were commended for their help With the party. During the summer Mrs. DeForest attended the American Library Association Conference in Chicago and the Pacific Northwest Library Conference in Portland. She enjoyed seeing the new products, displays and computers. Mrs. DeForest advised that $142 had been stolen from the desk in the library. The incident is still being investigated; and in the future, the money is being placed elsewhere. 70 OLD_. BUS_I_NESSI.. a. Summer Reading Program: In addition to what was addressed under the Director's report, the children produced a cookbook and each Commissioner was given a copy. The possibility of selling the cookbooks at the Book Fair was discussed. b. Library Goals and Objectives: Commissioner Brenckle asked for a Copy of the Library Bill of Rights and the ALA Freedom to Read Statement to assist in reviewing the goals and objectives. Chairwoman Heus noted that some of the objectives had been reached while others needed to be adjusted. There was discussion of grants and how they are obtained and discussion of services for the handicapped. Commissioner MINUTES OF SEPTEMBER 4, 1990 KENAI ADVISORY LIBRARY COMMISSION Page -2- Brenckle moved to place the goals and objectives on next month's agenda so the Commissioners can thoroughly review them and then go over them line item by line item at the next meeting. Commissioner Rodes seconded. Motion carried unanimously. C. Library Policy Regarding Donated Material: The Commission reviewed the Library Policy on acceptance of gifts. Commissioner Brenckle suggested having a promotion to buy your library a book for Christmas. Mrs. DeForest then discussed the pros and Cons of such a promotion as well as other methods of accepting donations. Commissioner Wetzel suggested having a tree decorated with book ornaments and then the people desiring to donate could sign their names on the book ornament of their choice,, d. Library Ball. The idea of a Library Ball has been relayed to the Board. After discussion, it was felt since the Bi-Centennial celebration will include a ball that this may not be a good time for one. 810 NEW BUSINESS 9 a. Book Sale Date for 1991: A date has not yet been set; however, Mrs. DeForest will attempt to confirm February 15 & 16 or February 8 & 9 as a second choice. b. Library Board Update: The Board will meet Thursday with new members and a re -organization will then probably take place. The Board's renewal of non-profit status has almost been completed. 9. COMMI__UIONER COMMENTS/QUESTIONS; Commissioner Wetzel is looking forward to working on the goals and objectives. Chairwoman Heus noted and appreciated the nice format of the agenda, and she welcomed the new secretary. 10, ADJOURNMENT: _ After Commissioner Brenckle's motion to adjourn, Chairwoman Heus adjourned the meeting at 8:41 p.m. R7arlene ectf ully s mitted; Reed, -Secretary D -4600, KENAI PLANNING & ZONING COMMISSION September 26, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, McComsey, Scott, Bannock, Graveley, Smalley, Rehm Absent: Glick 2, APPROVAL OF AGENDA , .t MOTION: Commissioner McComsey moved for approval. Commissioner Graveley seconded.. VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES - August 22, 1990 MOTION: Commissioner McComsey moved approval of the minutes as presented, seconded by Commissioner Graveley, VOTE: Motion passed by Unanimous Consent 6. OLD BUSINESS a. Comprehensive Plan - Update Jack La Shot, City Engineer reported that he had spoken,with Sylvia Spearow, Kenai Peninsula Borough Planner, about the status of the City's Comp Plan. Spearow had said that the City's Plan was separate from the Borough's Plan, but that the Borough recommended each City have a Comp Plan. Spearow also said that funding might be available to help with completion of the project. Commissioner McComsey - asked that the Staff check with the Borough on availability of funds. McComsey also recommended talking to a Private Consultant to get an idea of how much they would charge to help with the Plan. KENAI PLANNING & ZONING COMMISSION September 26, 1990 Page 2 MOTION: Commissioner Graveley - suggested th e following changes to team assignments: Move IV - E • Recreation to Team"Special River and #3 and delete Special Team". Mo Kathy Scott to Team #3. Move III - ve Team #3; and III - D Recreation to S Library to Team #2 ; IV _ C Development Constraints/Wetlands FloodplaZ- & ns to Team #3. Commissioner Scott seconded , _ v�•t'�: Passed unanimously. The Commission agreed • g to changes in Team Assignments and recommended that Staff contact Sylvia S e availability of funds to finish Comprehensive Plan. Commissioner Scott asked what year t ' Y he first Comprehensive Plan was completed and how much of a period has been updated,, p ated. La Shot said he thought that was don e in the late 70 s and the update, which was not adopted b Counc' • Y il, was done in 1985. Commissioner Scott asked if the original pro professional services. plan was done through La Shot said he thought it was. La Shot' said he would contact Sylvia Spearow to see if she could attend the next meeting to give some direction on procedin with h the Plan. 7. NEW BUSINESS a. Review of Application for Home Occupation Architects - Terry Stocker Patron - Greatland MOTION: Commissioner McComsey moved to s approve Application. Commissioner Graveley seconded. Chairman Bryson abstained from vote becau se his Company has a proposal pending with Mr. Stocker. P y VOTE: Passed by unanimous consent. c C F .m i � KENAI PLANNING Sc ZONING COMMISSION September 26, 1990 Page 3 8. PLANNING Resolution 90-20: Sandland Subdivision Preliminary Plat MOTION: Commissioner McComsey moved approval of Resolution 90-20. Commissioner Scott seconded. Chairman Bryson noted La Shot's comments that no sewer and water were available. La Shot clarified that those utilities were not available 5, but that they could be availableto Lot with a mainline extension, or by combining lots and using the water and sewer availabl e on an adjacent lot. Commissioner McComsey asked about notation t ' that buildings on Lot 2 & 3 don't show the setbacks. La Shot said that Howard Hackneyask that t ' he buildings be shown to determine if the setbacks conform to the Code. Chairman Bryson said he thought the buildings needed to be shown before the plat could be approved to avoid encroachments. Commissioner Graveley also noted that Lot 5 didn't have footage listed correctly, the Chairman Bryson said that was a matter for the Borough. Commissioner Graveley asked that it be made a matter of record* Chairman Bryson felt that the motion could address ' concerns about showingexistClty s existing buildings on Plat. Commissioner McComsey amended motion: Moved approval of Resolution 90-20 with concerns that the Surveyor s with Y should show locations of buildings th relationship to lot lines. Second concurred. VOTE: Passed,by unanimous consent as modified. KENAI PLANNING & ZONING COMMISSION September 26 1990 Page 4 9. REPORTS a. City Council - .-Carr Gottstein Update: Steve Agnie from Carr s requested an . .extension on their lease for one • _ •-- month. That extension was granted by Council. Ordinance No . 13 9 5 - 9 0 - ' jReimbursable Customs was tabled until the Council can et • g more Information on the Memorandum -of Agreement, - -._ Ordinance 1398-90: was increased creased from an $80,000 to $100,000 appropriation for street lights within the City of Kenai. There have been 65 lights indentif ied by private citizens bu s drivers, etc. Lights will be installed -- .order, with safety in a priority and number of people effected as the first criteria for placement of new lights, g . b. Borough Planning Town& Country Pumping Permit Application - reversed previous decision to deny permit. Approval w • conditions of adding two more monitoras given with wells and addition of a chemical to keep the odor down. Plat Review Procedures - the PlanningD considering ways to streamline Department is platting procedure. Large plats might be subject to approval b the new procedure* Y Administration under p This would cut down on the time for plat approvals, it takes c. City Administration Mary Lou Langley - Home Occupation illegal sign. Howard Hackney talked to the owner and the sign has been removed. Excavation Quandt property - State had talked alked to owner and stopped him at one point, until he obtained the proper permit. The owner intends to brie in a p the cars that are there and g Crusher to crush clean up the property. The ion term goal is to possibly open a car lot Q at that location. Gravel Permits Application Reviews - D constraints the review of these permits has been put off until winter. Staff expects to have a permits by the end of the year.toll report on these C 7;N � RENAI PLANNING & ZONING COMMISSION September 26, 1990 Page 5 University of Alaska Fire Training School - The City Administration is preparing a site proposal for facility. CityCouncil p that it will review Resolution and proposal at their next meeting. The site is 40 acres off of Marathon Road. 10. PERSONS PRESENT NOT SCHEDULED None 11. INFORMATION ITEMS a. City Council Agenda - September 5 & 19, 1990 b. Kenai Peninsula Borough Planning Commission September 10 & 24 1990 Agenda 12. COMMISSION COMMENTS & OUESTIONS Commissioner Scott said she had applied for a Home Occupation Permit and that it would be reviewed at the next meeting. She would abstain from a vote on that permit. 13. ADJOURNMENT There being no further business the meeting was adjourned. Respe fully submitted, Loretta E. Harve Transcribing Secretary L KENAI PLANNING & ZONING COMMISSION October 10, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Bannock, Scott, McComsey, Graveley Absent: Glick 2. APPROVAL OF AGENDA MOTION: Commissioner McComsey moved for approval of the agenda. Commissioner Rehm seconded. VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES - September 26, 1990 MOTION: Commissioner Scott moved for approval of minutes. Commissioner Graveley seconded. Passed by unanimous consent. 6. OLD BUSINESS Comprehensive Plan - Sylvia Spearow, Kenai Peninsula Borough Planner, reported that she had met with Staff earlier. in the day. After review of the Plan she felt that it was almost completed, except the Land Use portion. Between the current completed plan and the CCC Architect Plan of 1986 there is a lot of background information available. At one time the Borough had allocated funds for completion of the Plan. There is approximately $1,400.00, currently sitting at Printer's Ink which was allocated to print a map, which was never completed. The Borough has no funds available to help finished the Plan this Fiscal Year (FY), but the Commission could request funds for next FY which might help with printing costs. Lo KENAI PLANNING & ZONING COMMISSION October 10, 1990 Page 2 Spearow explained that the Borough couldn't offer Staff assistance to help draft the Plan at this time, but she could probably review the plan as sections are completed. She suggested the following options to the Commission. The City could hire a Consultant to help finish the sectio ns of the plan which are incomplete. The Borough is currently working with a Consultant to finish sections of their Plan, but the Planning Staff has been spending a lot of time reviewing revising that Consultant's work. and Another option would be for the City to hire a temporary P Y Planner to finish the Plan. She said that the Borough had received some good applications for a similar position, and there are so me local planners available. The last option would be to use existing Staff to bring draft copies to the Commission to review and finish in-house. Spearow also reported that most of the Public Services an d Facilities sections were complete. If these sections could be reviewed at P & Z meetings, it would give the Staff tim e to complete the Land Use Plan section. Spearow thought the could be finished b earl spring g Plan Y y p ing and the money which the Borough had appropriated for the printing of the map could be used to print the first public -review draft. Spearow also mentioned that the CCC Draft was passed b Planning & Zoning in 1986_, but tabled b Council a y nning Y t that time. She suggested sending sections on to the Council as the Commission approves them. This would help insure that the Plan will be adopted completed. Commissioner Scott asked Spearow if Title 29 requires the City of Kenai to have a Camp Plan and if it also addresses the updates? Spearow said that Title 29 requires that cities have a Plan and a periodical review. There is really nothing in Title 29 which requires the City of Kenai to update the existingPlan, at this time. But since the City exercises zoningpowers, at p some point rezones might not be in accordance with the Plan which could have a negative impact on some areas of the City. Commissioner Scott asked at what point in time Spearow t the Public should have input P thought p into the Comp Plan. KENAI PLANNING & ZONING COMMISSION October 10, 1990 Page 3 Spearow said that there were a couple of ways to go, there could be a hearing at the beginning of the process, to get input from people who might be effected by the Plan. Or the Plan can be completed and then have Public input before the final draft. Commissioner Scott asked what the Staff's recommendations were to Spearow's comments. Jack LaShot, City Engineer, recommended that the Staff take the information now available and come up with a schedule for the Commission to review completed sections. He felt that the Land Use portion could be initiated by the Administration. He said that the FAA has been reluctant to release land until there is a Land Use Plan for the Airport which should be incorporated into the Comp Plan. l Commissioner McComsey asked if the FAA had a criteria from which to work. La Shot said that basically the Plan would be completed from existing land uses and what the City would like to see happen with these lands. Items will also be incorporated from the Airport Master Plan. Chairman Bryson asked how much it would cost for the City to hire a consultant to finish the Comprehensive Plan. Spearow estimated between $25,000 and $35,000 would be needed for a consultant. La Shot recommended that the Staff finish the Comp Plan using existing information and then, if needed, possibly hire a Consultant to review the finished plan. Commissioner Scott asked what the schedule for completion of the plan would be. La Shot said he would like to see the Plan completed by June 1991, since the City has several projects pending which would be on Airport lands. He felt that at least the Airport Land Use Plan needed to be completed at this time so the FAA would release those lands for use. Commissioner Scott asked if a Comp Plan Review schedule would be available for the next meeting. KENAI PLANNING & ZONING COMMISSION October 10, 1990 Page 4 La Shot said that he would like to see the sections that are almost completed reviewed at the next few . meetin sThis g hzs would give the Staff time to work on the unfinished chapters*. Commissioner Scott felt that the Council should be inform ed about the schedule and then be invitated to attend an of those ' meetings if they wished to give y se review g input, 7. NEW BUSINESS Resolution 90-22: Home Occupation - Kathleen F. Scott, Consultant Commissioner Scott asked to abstain from the decision of this ! � matter. MOTION AND VOTE: Commissioner McComsey moved approval of Resolution 90-22. Commissioner Rehm seconded. Passed by unanimous consent. 8. PLANNING a. Resolution 90-23: Preliminary Plat - Gusty Subdivision MOTION: Commissioner McComsey moved approval of Resolution 90-2 3. Commissioner Rehm seconded. La Shot reported that the proposed plat was the site of Bicentennial Visitor and Cultural Center. The Citythe new may try to acquire the adjoining lot at a future time for an access the Center. point to Commissioner Scott asked how many access points the Center would have. La Shot said there were 2 access points planned one o Highway and 1 off of Upland. off the Spur IF - VOTE: Motion passed unanimously. b. Petition to Vacate - Ten foot utility easement Will Jahrig 4 `f r A or KENAI PLANNING & ZONING COMMISSION October 10, 1990 Page 5 Commissioner McComsey asked if the 20'gas pipeline would be effected by the utility easement. La Shot explained that the pipeline ran outside of the proposed easement area. MOTION AND VOTE Commissioner Graveley moved for approval of Petition to Vacate. Commissioner McComsey seconded. Passed Unanimously. REPORTS a. City Council 7 None. b. Borough Plannin Chairman Bryson reported on the Town and Countryrequest q ues t to operate a septic disposal site in North Kenai. Both parties have a appealed the decision of the KPB Planning Commission to deny the permit until certain restrictions under the NI H Ordinance were addressed. This appeal will go before the Borough Assembly. c. City Administration None, 10. PERSONS PRESENT NOT SCHEDULED None. 11. INFORMATION ITEMS a. City Council Agenda - October 3, 1990 12. COMMISSION COMMENTS & QUESTIONS None, 13. ADJOURNMENT There being no further business the meetingad' was Mourned. i t( ' C KENAI PLANNING & ZONING COMMISSION r October 24, 1990 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Murphy, Scott, Bannock, Graveley, Smalley, Rehm t Absent: Glick 2. APPROVAL OF AGENDA MOTION: Commissioner Scott moved for approval. Commissioner Graveley seconded. VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD Mayor Williams administered the oath of office to Thomas A. Murphy as Planning & Zoning Commissioner. Mayor Williams discussed the Comprehensive Plan. He updated the Commission on the Fire Training Facility and answered questions regarding the same. His recommendation was to lease the land on an annual basis. The agreement included the City putting in water, sewer, any other utilities (i.e. phone, gas), and paving Marathon Road. He spoke about using the pond for an escape capsule practice pond. The Mayor mentioned construction of some class rooms and administrative offices being built there also. The Mayor informed the Commission of the intent to build an educational building across from the site of the Fire Training Facility. Possibly housing the People Count Program. Zoning would have to be changed on that property. The Comprehensive Plan needs to be finished and submitted to the FAA for approval before the land in question can be used for these purposes. Commissioner Smalley asked the time frame for the completion of the Comprehensive Plan. The Mayor stated that it will be needed prior to June, 1991, Jack La Shot stated that the FAA is most Concerned with the Land Use Plan. The Land Use Plan is the part of the Comprehensive Plan that needs to be done first and submitted to the FAA. KENAI PLANNING & ZONING COMMISSION October 24, 1990 Page 2 Commissioner Scott brought up the subject of "lack of money or both" in regards to staff working on the Comprehensive Plan. She asked if the Council has discussed funding at all.. The Mayor asked Chairman Bryson's opinion of hiring a= professional consultant. Chairman Bryson stated that hiring a consultant is not very cost effective. Bryson suggested that working closely around the previous unapproved plan is better. Referring to his comments from the previous meeting, Commissioner Murphy asked La Shot about his suggestion to allow City staff to take over the information now available and develop a schedule for the Commission's review. Mr. Murphy asked if that was something the staff could do without additional funding. Mr. La Shot responded that, yes, it is something that the staff is capable of doing. Commissioner Scott stated that she is concerned about the workload of the staff and that they may need part time or clerical help. Is there sufficient money to produce the plan before the end of this year. Chairman Bryson asked La Shot about the printing cost. La Shot stated there is approximately $1400 available for printing. The Mayor stated that if necessary, the Council will approve the use of temporary staff. As for printing and binding of the package, funding could be found. Updating the Comp. Plan has been in progress for a long time. The completion of the Land Use Plan is absolutely necessary if more Airport Land is to be developed. Chairman Bryson asked if there were any more questions. There were none. 4. APPROVAL OF MINUTES - October 10, 1990 MOTION: Commissioner Rehm moved for approval of the minutes as presented, seconded by Commissioner Graveley. VOTE: Motion passed by Unanimous Consent p KENAI PLANNING & ZONING COMMISSION October 24, 1990 Page 3 5. OLD BUSINESS a. Comprehensive Plan - Review Jack La Shot, City Engineer, referred to the tentative schedule for completion of the Comprehensive Plan. The first three sections to review are: Airport, Police, and Fire. The Land Use Plan is planned for a future meeting as it requires more modifications. Mr. La Shot asked if there were any questions regarding the Airport, Police, and Fire portions which were included in the packet. Commissioner Murphy asked "What is the function of the Comp. Plan?" When asked the purpose of the Comprehensive Plan Commissioner Smalley read the following paragraph from the City of Homer's Comp. Plan: The comprehensive plan or a general plan is a compilation of policy statements, goals, standards and maps for guiding the communities physical, social and economic development both private and public. Comprehensive Plan may include but is not limited to statements of the communities goals, policies and standards. The Land Use Plan, Community Facilities Plan, Transportation Plan and recommendations for implementations of these comprehensive plans. Commissioner Smalley added that it is basically the goals and objectives, in a plan form of the development of the City in an orderly fashion. There was discussion regarding the Airport, Police, and Fire Comp. Plans. It was suggested by Commissioner Gravely that the Airport Manager, Police Chief, and Fire Chief be at the next meeting in order to answer specific questions of the Commission. Mr. La Shot stated that he will speak with the department heads and ask that they attend the next meeting. 6. NEW BUSINESS a. James Arness -- Request to purchase Proposed Tract B. Peterson Subdivision, Addition No. 1 KENAI PLANNING & ZONING COMMISSION October 24, 1990 Page 4 Chairman Bryson stated that the referenced property is City property. The adjacent property owner petitioned to purchase the property. Council has reviewed the request and they referred the application to Planning and Zoning. Commissioner Smalley stated that Council did not really have any comments regarding the purchase because it requires Planning & Zoning approval first. There were some concerns regarding Inlet viewing in that area. Chairman Bryson stated that when the owners of this property originally petitioned to have the portion in front of the tract vacated, one Commissioner commented that a dedicated easement should be part of the final plat. The discussion at that time determined this tract could be used as a tourist attraction rather than private use. Or, an easement could be dedicated through the property for access to the trail on the bluff. Commissioner Scott suggested that the request to purchase this tract be tabled until the next meeting allowing the commissioners time to go and see the property. MOTION.- Commissioner Scott moved to table the Application until the next meeting. Commissioner Rehm seconded. VOTE: Passed by unanimous consent. It was asked that James Arness be requested to attend the next meeting to answer questions regarding his application, 7. PLANNING Resolution 90-24: Replat Kenai Townsite USS 2970A MOTION: Commissioner Gravely moved for approval of Resolution 90-24. Commissioner Bannock seconded. Commissioner Murphy asked the purpose of the re -plat. Chairman Bryson stated that it was, more than likely, to better utilize the lot. VOTE: Motion passed unanimously i KENAI PLANNING & ZONING COMMISSION October 24, 1990 Page 5 8. REPORTS a. City Council Commissioner Smalley reported teh following actions of Council at their October 17, 1990 meeting. 1. -Carr Gottstein: There will be a special meeting on Thursday, October 25, 1990 to discuss the lease. He stated that if Council approves the lease, it will be sent to Carr Gottstein for their signature. 2. Work Session: A work session, dealing with water and sewer to Thompson Park and the Capital Improvement Projects list will be held after the Special Council meeting on October 25, 1990. 3. Multi -Purpose Truck: Resolution 90-63 was deleted from Council agenda, because Resolution No. 90-59, transferring funds to purchase a multi -purpose truck failed. 4. Proposed Ice Rink: A proposed ice rink was discussed. Commissioner Scott mentioned the Alaska Amateur Sports Authority having a $100,000 grant fund to match communities for these kinds of projects. Commissioner Smalley said that he will bring that up at the next Council meeting. b. Borough Plannin Chairman Bryson reported the following actions from the Borought Planning meeting of October 8, 1990. The proposed vacation of a right-of-way easement in Soldotna, in the area of the hospital, was defeated. 2. The Seldovia sludge disposal site was discussed. c. City Administration None 9. PERSONS PRESENT NOT SCHEDULED None 10. INFORMATION ITEMS a. City Council Agenda - October 17, 1990 b. Kenai Peninsula Borough Planning Commission Agenda October 8, 1990 KENAI PLANNING & ZONING COMMISSION October 24, 1990 Page 6 11. COMMISSION COMMENTS & QUESTIONS None 12, ADJOURNMENT I There being no further business the meeting was adjourned. Respectfully submitted, -0 Kathyliall for Loretta Harvey Transcribing Secretary S i i i AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 17, 1990 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Certification of Election 4. Swearing In of Newly Elected Councilmembers 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, Be SCHEDULED PIIBLIC COMMENT (10 Minutes) 1. Carr-Gottstein Representative/Carr-Gottstein Lease C. PUBLIC HEARINGS 1. Ordinance No. 1401-90 - Increasing Estimated Revenues and Appropriations by $1,000,000 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund, 2. Ordinance No. 1402-90 - Increasing Estimated Revenues and Appropriations by $7,125 in the General Fund as a Result of a Library Grant, 3. Ordinance No. 1404-90 - Repealing Kenai Municipal Code Chapter 1.58 Entitled, "Advisory Economic Development Commission." 4. Resolution No. 90-57 - Confirming the Assessment Roll on the Fathom/Toyon District and Fixing Payment, 5. Resolution No. 90-58 - In Support of the Construction of an Educational Facility in the City of Kenai and the Reservation of Ten Acres of Airport Lands for That Purpose. -1- 6. Resolution No. 90-59 - Transferring $10,885 in the General Fund for Purchase of a Heavy -Duty Multi -Purpose Truck. 7. Resolution No. 90-60 - Awarding the Bid for "Three Heavy -Duty Dump Truck Bodies" to Bob's Services for a Total Amount of $22,500.00. 8. Resolution No. 90-61 - Awarding a Contract for Architect/Engineering Design on the Project Entitled, "Kenai Congregate Housing Facility" to Livingston Slone for the Not -To -Exceed Amount of $226,000. 9. Resolution No. 90-62 - Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. 10. Resolution No. 90-63 - Awarding the Bid for a "Heavy - Duty Multi -Purpose Truck" to Trailer Craft for a Total Amount of $130,885.00, which Includes the Basic Bid of $137,585.00 and Deductive Alternate No. 1,-$61700.00. il. Resolution No. 90-64 - Indemnifying Police Officers David Hoffman and Jesse Rouse for Any Damages in the Case of Kenneth W . Cole v. Nathan A. Callahan, David Hoffman and Jesse Rouse, Superior Court Case No. A86- 323 CI. D. COMMISSIONjCOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of October 3, 1990. F. CORRESPONDENCE G. OLD BUSINESS -2- H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1405-90 - Amending KMC 11.05.010 and KMC 11.05.030 to Correct Ambiguities Regarding the Procedures in Setting Regulations and Rates at the Harbor. 4. Discussion - National Recreation and Park Association/50 State Society 5. Discussion - Amending Kenai Municipal Code Regarding Water and Sewer/Payment on Unoccupied Residences and Residences not Hooked Up. 6. Discussion - Potential Plan for Ice Skating Rink (Creation of Investigating Committee) 7. Approval - Petition to Vacate Ten -Foot Utility Easement Within Easterly Boundary Tract A, Central Heights Fourth Addition, Plat No. 88-54 KRD. I. ADMINISTR ATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council R. ADJOURNMENT -3 - KENAI CITY COUNCIL MEETING Minutes of October 17, 1990 KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor John J. Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Swarner, Measles, Williams, O'Reilly. Absent was Councilwoman Monfor and Councilman Walker, A-3. CERTIFICATION OF ELECTION Mayor Williams read the Certification of Election as it appeared in the packet. J MOTION: Councilman Smalley MOVED to certify the election results of the Regular Election of October 2, 1990 and Councilwoman O'Reilly SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED, A-4. SWEARING IN OF NEWLY ELECTED COUNCILMEMBERS Mayor Williams read a Proclamation to Councilwoman O'Reilly in honor of her work for the City of Kenai during her term as councilmember. Mayor Williams also presented Councilwoman O'Reilly with flowers and a plaque commemorating her tenure. Councilwoman O'Reilly stated that it had been her extreme pleasure to serve on the Kenai City Council and thanked all the people in the city administration for their help. Mayor Williams administered the Oath of Office to Linda Swarner and Art McComsey, Mayor Williams stated that another matter had come to their attention. He directed their attention to Timothy J. Rogers' letter of resignation, dated October 14, 1990, which was received prior to the meeting. (A copy of the letter was distributed to all council and administration prior to the meeting.) Mayor KENAI CITY COUNCIL MINUTES October 17, 1990 Page 2 Williams read the letter of resignation into the record. The resignation is to become effective October 31, 1990, Mayor Williams requested approval from Council. MOTION: Councilman Measles MOVED to accept the resignation of Attorney Timothy J. Rogers, effective October 31, 1990 and Councilman Walker SECONDED the motion. There were no objections. SO ORDERED. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: REMOVE: B-1, Carr Gottstein ADD: As C-12, Resolution No. 90-65, In Support of the City of Kenai Hosting the 1991 Annual Conference of the Alaska Association of Harbormasters and Port Administrators, Inc. As I-1, Kenai Peninsula Caucus information; Hospice Open House invitation; 10/12/90 KPB letter regarding the Kenai Peninsula Borough 1991 Legislative Priority Book. MOTION: Councilman Smalley MOVED for the approval of the amended agenda. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: ADD: As H-8, *Games of Chance and Skill - Kenai Child Development Center, d/b/a Kenai Cooperative Preschool. KENAI CITY October 17, Page 3 MOTION: COUNCIL MINUTES 1990 Councilman Smalley MOVED for approval of the Consent Agenda as amended. Councilwoman Swarne g r SECONDED the motion. There were no objections. SO ORDERED. Be SCHEDULED PUBLIC COMMENT (10 Minutes) B-1• Carr-Gottstein Representative/Carr-Gottstein Lease Removed from Agenda. C. PUBLIC HEARINGS C-1. Ordinance No. 1401-90 - Increasing Estimated Revenues and Appropriations by $11000,000 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund, MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1401- 90 and Councilman Measles SECONDED the motion. There was no public comment. Mayor Williams asked Director Kornelis what the total cost of the project is estimated to be Director Kornelis stated that the project was estimated at $1 million. However, this amount will probablybe short. . The project is on schedule. Mayor Williams stated that the fed eral government has mandated changes to the water and sewer facility, The government has offered no resource for fundingfor the project. Anew . lant p operator will also need to be hired to handle the increased work load. Director Kornelis added that every five sewage ears the Y treatment plant must have their permit renewed. This ear, getting the renewal, there are new y in restrictions which means the modifications must be done. The City of Kenai has second ary treatment for the sewage. Chlorination or ultraviolet trea tment has been studied. Director Kornelis stated that chlorinatio n was chosen due to lesser cost involved, even with havingto purchase p ase a scrubber to be used in correlation with this process. A stud is available in his office for anyone to y y look through. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 4 VOTE: Swarner: Yes McComsey: Yes Walker: No Monfor: Absent Measles: Yes Smalley: Yes Williams: Yes MOTION PASSED. C-2. Ordinance No. 1402-90 - Increasing Estimated Revenues and Appropriations by $7,125 in the General Fund as a Result of a Library Grant, MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1402-90 and Councilman Smalley SECONDED the motion. There was no public or Council comment. VOTE: Swarner: Yes Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1404-90 - Repealing Kenai Municipal Code Chapter 1.58 Entitled, "Advisory Economic Development Commission." Councilwoman Swarner MOVED for adoption of Ordinance No. 1404-90 and Councilman Smalley SECONDED the motion. There was no public or Council comment. VOTE: Swarner: Yes McComsey: Yes Walker: Yes Monfor: Absent Measles: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 90-57 - Confirming the Assessment Roll on the Fathom/Toyon District and Fixing Payment. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 5 MOTION: Councilman Smalley MOVED for approval of Resolution No. 90-57 and Councilman McComsey SECONDED the motion. There was no public comment. It was noted by Administration that none of the eleven people affected by the assessment commented on the assessment. Councilman Walker asked when the 12% assessment amount was decided. Mayor Williams answered that it was at the time it was decided to do the paving. Approximately two years ago. VOTE: Swarner: Yes McComsey: Yes Walker: No MOTION PASSED. Monfor: Absent Measles: Yes Smalley: Yes Williams: Yes C-5. Resolution No. 90-58 - In Support of the Construction of an Educational Facility in the City of Kenai and the Reservation of Ten Acres of Airport Lands for That Purpose, MOTION: Councilman Smalley MOVED for approval of Resolution No. 90-58 and Councilman McComsey SECONDED the motion. There was no public comment. Councilman Smalley stated that he understood that the resolution would not speak to a specific location. Mayor Williams stated that they discussed the ten acres of airport lands, but not a specific educational entity. VOTE: Swarner: Yes McComsey: Yes Walker: Yes Monfor: Absent Measles: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-6. Resolution No. 90-59 - Transferring $10,885 in the General Fund for Purchase of a Heavy -Duty Multi -Purpose Truck. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 6 MOTION: Councilman Smalley MOVED for approval of Resolution No. 90-59 and Councilman Measles SECONDED the motion. There was no public comment. Discussion followed with Council. The resolution allows a transfer of $10,885 from the Equipment Replacement Reserve to cover the difference between the budgeted amount of $120,000 and the $130,885 bid that was received to purchase the multi -purpose truck. Director Kornelis stated that the cost of the bid increased due to the cost of the attachments the Council wanted the truck to include. Councilwoman Swarner stated that she was not ready to tap into the Equipment Replacement Reserve at this time. Councilman Walker referred to Resolution No. 90-60 and the cost of $7,500 for a truck body. Director Kornelis stated that they are different kinds of trucks. Councilman Walker stated that he felt the bid should be thrown out and the item be re -bid, even by going outside the state. Director Kornelis stated that the companies taking out bid packages have connections with outside firms. Director Kornelis explained further that the sanding truck is now in the shop. He had requested to budget for a new sanding truck. The Council wanted to budget for a multi -purpose truck with interchangeable attachments. Mayor Williams added that the Council set up the $300,000 Equipment Replacement Reserve for replacing machinery in the future. They were not expecting to tap into the reserve quite so soon. VOTE: Swarner: No Monfor: Absent Measles: No McComsey: No Smalley: No Williams: No Walker: No MOTION FAILED UNANIMOUSLY. Discussion continued. It was suggested that the money be appropriated from the contingency fund. Manager Brighton stated that administration had discussed the need for the $10,000 extra and thought that the reserve account was a more appropriate place from which to transfer the $10,000, Councilman Measles stated he understood the reserve account was set up for replacing equipment but not for cost overruns. Councilwoman Swarner agreed. The { KENAI CITY COUNCIL MINUTES October 17, 1990 Page 7 possibility of re -bidding the truck was discussed. Director Kornelis stated that it could be re -bid, however the are behind now in getting a truck Y • g g for the winter. The bid specifications stated the truck was to be received within ninety days. He stated that more bidders y were expected. His department spent a lot of time drawing up the specifications. If it is re -bid it will be three more weeks before the next Council meetingwhich he p truck down more Will slow the receipt of t . Mayor Williams suggested rescinding the former motion action and amend the resolution, taking the $10,885 from another account to purchase the truck. Councilwoman Swarner stated to re -bid. She does not believe extra money should be taken from the General Fund. Councilwoman asked if a rebuilt truck could be purchased, Director Kornelis stated that It would not be cost effective. Director Kornelis added that if the item is re -bid the specifications may need to be changed as everyone knows what Trailercraft has bid. Finance Director Brown stated that there is money in the contingency fund. If the Council wishes a motion for reconsideration could be made changing the third whereas, g g A RECESS WAS TAKEN WHILE DIRECTOR KORNELIS GOT MORE OF THE BIDDER INFORMATION TO SHOW COUNCIL. BREAK AT 7:48 P.M. BACK TO ORDER AT 8:06 P.M. The bid specification request list and information booklet from Autocar and Trailercraft were handed out to the Council. Councilman McComsey asked what the City will use for a sander if this truck is not received in time. Director Kornelis stated that the airport sander could be used. Also the could tr taken the sander off y y g the old sanding truck and mount it to the back of a dump truck. It was noted that the Autocar/Trailercraft booklet stated delivery would take 180 days. Councilman Walker stated tha t he supported this piece of equipment and additional road maintenance personnel in the budget meetings. However, he is not read to spend $15,000 more fora piece o y p f equipment that would not be received for another six months. Councilman Walker suggested either renegotiate the bid or r - e bid the project. Councilman Smalley suggested re -bidding. If the price comes back higher, g r, it does not have to be accep ted* Councilman McComsey suggested negotiating with the bidder. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 8 Attorney Graves stated that as there was only one bidder, it would not be inappropriate to negotiate with that bidder. Mayor Williams suggested sending the bid specifications to companies in Seattle and/or Portland. Councilman Measles suggested making the bid f . o . b . at the point of sale . Council directed Public Works Director Kornelis to negotiate with the dealer and come back to the Council with the best deal he can make. Mayor Williams thanked the Public Works Department for the work they put into the bid specifications. C-7. Resolution No. 90-60 - Awarding the Bid for "Three Heavy -Duty Dump Truck Bodies" to Bob's Services for a Total Amount of $22,500.00., MOTION: Councilman Smalley MOVED for approval of Resolution No. 90-60 and Councilwoman Swarner SECONDED the motion. There was no public. Councilman Walker asked how many dump trucks the City owns. Answer was three. VOTE: Swarner: Yes McComsey: Yes Walker: Yes Monfor: Absent Measles: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-8. Resolution No. 90-61 - Awarding a Contract for Architect/Engineering Design on the Project Entitled, "Kenai Congregate Housing Facility" to Livingston Slone for the Not -To -Exceed Amount of $226,000, MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 90-61 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. Mayor Williams objected to unanimous consent for discussion purposes. Public comment began with Mr. Herb Wilborg, Chairman of the Congregate Housing Design Committee speaking. Mr. Wilborg introduced other voting members of the Committee who were in the KENAI CITY COUNCIL MINUTES October 17, 1990 Page 9 audience. They were Betty Warren, Guy Moore, Carol Geordge, and Rosemary Weise. Others involved with the selection, but not voting members were Pat Porter, Keith Kornelis and Linda Swarner, Mr. Wilborg added that them were eight proposals received, three companies were interviewed and the selection was made by secret ballot. There were no Council questions. Bill Kluge of Kluge & Associates spoke next. Mr. Kluge was one of the eight proposals submitted, but was not one of the three companies interviewed. Mr. Kluge passed out specification booklets of other projects in which he has been involved over the years. He stated that he understood that the Committee did not feel that he had the appropriate experience for a project such as this. He acknowledged the work which the Committee put into the selection, but believes they are mistaken in regard to his experience. He requested the Council interview him at this time or set up interviews of his company and the other three companies already interviewed. Mayor Williams requested a few moments of time for the Council to look over the specification booklets Mr. Kluge passed out. Councilwoman Swarner added that she had Mr. Kluge's proposal available for anyone wanting to look at it also. Betty Warren, P.O. Box 116, Kenai spoke next. She introduced herself as one of the members of the Committee. Ms. Warren stated that the Committee read over all eight of the proposals. They discussed Mr. Kluge as his firm is from this area. She also stated that Livingston Slone has people involved in the project in their proposal who are also from the area. She expressed hope P p that the Council would take into consideration the work the Committee put into checking through the proposals. She expressed i hope that the Council would consP der and respect the wishes of the Committee. Councilman Smalley stated that he has confidence in the Committee and stated he felt they did an outstanding job. He is verymuch Committee, satisfied with the work of the Co There was no more public comment. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 10 VOTE: Swarner: Yes McComsey: Yes Walker: Yes Monfor: Absent Measles: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. The contract.was awarded to Livingston Slone for the not -to - exceed amount of $2261000e Director Kornelis introduced Mr. Livingston, Thor Evenson, Mark Blanning and Phil Bryson, Mr. Kornelis added that the design is to be for forty units. Hopefully by the time they are ready to build, the legislature will have funded the extra ten units. If not, the additive alternate allows a shell to be built where those ten units are to be placed. C-9. Resolution No. 90-62 - Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Councilman Smalley MOVED for approval of Resolution No. 90-62 and Councilwoman Swarner SECONDED the motion. There was not public or Council comment. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-l0. Resolution No. 90-63 - Awarding the Bid for a "Heavy - Duty Multi -Purpose Truck" to Trailer Craft for a Total Amount of $130,885.00, which Includes the Basic Bid of $137,585,00 and Deductive Alternate No. 1,-$6,700.00. Mute and removed due to action on Resolution No, 90-59, C-11. Resolution No. 90-64 - Indemnifying Police Officers David Hoffman and Jesse Rouse for Any Damages in the Case of Kenneth W . Cole v. Nathan A. Callahan, David Hoffman and Jesse Rouse, Superior Court Case No. A86- 323 CI. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 11 MOTION: Councilwoman Swarner MOVED for adoption of Resolution 90-64 and Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections and no public comment. SO ORDERED. C-12. Resolution No. 90-65 - In Support of the City of Kenai Hosting the 1991 Annual Conference of the Alaska Association of Harbormasters & Port Administrators, Inc. MOTION: Councilman Walker MOVED for approval of Resolution No. 90-65 and asked for UNANIMOUS CONSENT, Councilman Measles SECONDED the motion. There were no public comments. Councilwoman Swarner asked what the financial obligations would be to the City. Councilman Walker answered that at this time an estimate of the financial responsibility of the City is not known. However, holding the conference in Kenai has been in the planning stage for three years. It was planned to hold the conference in Kenai during the Bicentennial celebration. He added that in the past, the meeting consists of approximately 30-40 people. Each municipality represented has absorbed the expenses of their delegates. He suggested that the City arrange for buying one luncheon. Councilwoman Swarner asked who would be putting the packet together and if any of the City of Kenai's employees would be attending the conference. Councilman Walker stated that the packet for the upcoming meeting is two pages, so there will not be a large amount of work placed on administration to furnish a packet for the 1991 conference. He added that he, Keith Kornelis, and Swede Frieden will be attending the conference. Councilwoman Swarner stated she thinks it a good idea to encourage conferences to come to Kenai. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. BREAK AT 8:36 P.M. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 12 RETURN TO ORDER AT 8:52 P.M. D. COMMISSIONICOMMITTEE REPORTS D-1. - Council on Aging Councilwoman Swarner reported that the minutes of their last meeting were included in the packet. She added that the Congregate Housing Design Committee will meet again on Tuesday at 10:00 a.m. They are discussing placement of dishwashers, types of windows, key vs. keycard locks, showers vs. bathtubs in the apartments. They are divided as to their decision. Councilwoman Swarner asked for Council direction. Director Kornelis added that the architect will bring five or six different examples for the committee to review and will be there to help them make their decisions. Mayor Williams added his preferences as to locks and windows. It was also noted that each apartment will be metered separately for electricity. D-2. Airport Commission Councilman Measles stated that he was not at the last meeting and the minutes are not in the packet. One matter discussed was the request brought to the Commission regarding selling pull tabs at the airport. The Commission recommended to Council that selling items such as this should not be allowed in the airport, Councilman Measles suggested that Airport Manager Ernst to the airport terminal manual, the prohibition of selling pull tabs etc. in the airport, g p ' MOTION: Councilman Measles MOVED that selling pull tabs, and the like be prohibited in the airport and that Airport Manager Ernst add this information to the Airport Terminal Manual. Councilman McComse SECONDED the motion. There were no objections. SO ORDEREDy . Airport Manager Ernst informed Council that the lessee of the gift shop at the airport has requested to place a satellite ticket printer in her shop. This printer will enable her or a customer to call a travel agency, make travel arrangements over the phone, and the ticket will be printed out in her shop, Airport Manager Ernst added that he advised the lessee that ther e may be travel agency businesses leasing airport space in the future. Discussion continued as to whether there would be a KENAI CITY COUNCIL MINUTES October 17, 1990 Page 13 negative impact on the airport because a travel agency would not g Y be renting space in the terminal. Councilman Measles added that he did not believe that the airport could support a full-time travel agent. City Manager Brighton stated that the Council could dictate that she use a local agent. Mayor Williams added that it would not be cost effective to use an agent that would require long -distant g • q g telephone use. Council had no objections to placing the satellite ticket printer at the airport, D-3. Economic Development Commission Commission sunsetted earlier in the meeting by Council action on Ordinance No. 1404-90. D-4. Harbor Commission Councilman Walker reported that the Commission met on Monday , regarding The Commission was updated . g the boat ramp, Also they had a long discussion about support industryat the dock. The Commission will bringing forth proposals to the Council in a few weeks. Also Commissioner Breeden reported on the Kenai River Special Management Area Board. It was noted that t ' here will be a problem for the City in regard to control of the lower five miles of the River. The Harbor Commission will discuss and work u a recommendation for Council at the' p it November 5, 1990 meeting. Councilman Walker also stated that Tommy Thompson Chairman of the Commission will be traveling to Skagway to attend this ear's Harbormasters conference. y Councilman Walker also reported that they had an excellent attendance of the Commission at the meeting. Public Works Director Kornelis reminded Council that commissioners need Council approval to travel out of town to meetings, etc. MOTION: Councilman Smalley MOVED for approval for TommyThompson, Chairman of the Harbor p ' • Commission, to attend the Harbormasters convention in Skagway. Councilman Walker SECONDED the motion. It was reported that Swede Frieden, Dock Manager, will also be attending the convention. KENAI CITY October 17, Page 14 VOTE: COUNCIL MINUTES 1990 There were no objections to the motion. SO ORDERED. D-59 Library Commission There was no meeting. No report. D-6. Parks & Recreation Commission Director McGillivray reported that the minutes of their last meeting were included in the packet. The Commission is in need of a Council representative and student representative. Councilman Smalley reported that he had discussed the student representative position with Curtis McCubbins and Tom Boedecker, students at KCHS. Both are interested. He will speak with them again. D-7. Planning & Zoning Commission Councilman Smalley reported that he did not attend the meeting. g However, he spoke with two commissioners. A home occupation permit was approved. Also, Sylvia Spearow from the Borough Planning Department, spoke to the Commission regarding the Comprehensive Plan. Councilman Smalley asked Parks & Recreation Director McGillivray if a chain could be placed across the Oiler's Park Field road to keep people from using the area as a meeting place. Perhaps it is the responsibility of the Oilers. Mr. McGillivray stated that it is the intent of the Oilers to place a gate across the entryway. A chain would be a liability. City Manager Brighton added that he understood they plan to place a stem -pipe gate. Mr. McGillivray added that the Oilers have the pipe and are needing it to be welded. Councilman Measles stated that there is another entry on the backside of the park where vehicles can enter. Councilwoman Swarner asked Mr. McGillivray if the municipal park on Forest is closed in the winter. Mr. McGillivray stated that there are campers that stay there until the weather gets too cold. They do not police the park in the winter. If Council wishes them to, he will have it done. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 15 D-8. Miscellaneous Commissions and Committees No reports. Mayor Williams asked if any members of Council wished to take a different Commission as a Council representative. There were no wishes to be rotated. Councilman McComse will serve as representative to the• Parks & Recreation Commission. ITEM E: MINUTES E-1. Regular Meeting of October 3, 1990. Minutes were approved by Consent Agenda, ITEM F: CORRESPONDENCE There was no correspondence. ITEM G: OLD BUSINESS There was no Old Business, ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoma n Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilman Measles MOVED for approval of Purch ase base Orders Exceeding $1,000 dated October 17, 1990, Councilman Smal ley j SECONDED the motion. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 17 be in the same philosophical line as the Cityof Kenai. T be somethingto . his may look into. Director McGillivray is to try to et more information. g H-5. Discussion - Amending Kenai Municipal Code Regarding p g g Water and Sewer/Payment on Unoccupied Residences and Residences not Hooked Up. Mayor Williams requested that this item be laced on the agenda. Benda. He would like to see the Kenai Municipal Code changed because the water cannot be turned off at the request of the owner withou t continuing to be billed. The City continues to collect payments without actual use of the se rvice. He believes that this is unfair to the property owner. Also, the Citycollects a even though a property payments g p p ty is not hooked up to water and sewer. Councilwoman Swarner stated that she does not have a ro p blem with a flat rate being charged even though someone may be out of town for a few months. Finance Director Brown stated that he checked with HEA. He was told that HEA charg es rent for the meter even if there is no usage. Enstar also charges. Director or Brown added that since there are no meters, the City has no way of knowing whether a property is hooked up or not or if a customer has turned his water on or off. H-6. Discussion - Potential Plan for Ice Skating Rink (Creation of Investigating Committee) Mayor Williams requested this item be placed on the agenda. voters of Soldotna recentlyt g The turned down a proposal to develop a second covered ice rink. Mayor Williams has spoken with citizens and the consensus from those talks is that there is a desire for a covered rink to increase ice time for hockey practice, etc. Mayor Williams suggested a p • gg Strand steel building approximately 30 ft. long. The building could be multi -purpose. Due to of the National p the build-up onal Guard's use of the Armory, that building is often not available for other use. He suggests coordinating with the North Peninsula Service Area and the Borou gh to help with the funding. Technically, he feels it is a feasible project. Politically, he does not think it as feasib le, Mayor Williams requested that a committee be set u to investigate the feasibility of p in y the construction and operation of and ice rink in the City of Kenai. He requested that ' Measles be appointed q Councilman pp, chairman of the committee. Councilman Measles will pick committee members. Mayor Williams Y referred to KENAI CITY COUNCIL MINUTES October 17, 1990 Page 18 a memorandum from Finance Director Brown which was included in the packet. The memo speaks to bond revenues. Councilman Smalley stated he strongly supports the concept, He has been workingwith the hi p high school hockey program and stated it is very hard to get ice time for practice. Councilwoman Swarner also strongly supports the concept. Mayor Williams added that a comment was made to him from someone not involved in hockey: That person suggested that an in -door track be art of the buildingfor running, roller -blade - P g, r blade use, or roller skating. Councilman Walker stated he strongly supports the idea. He had three citizens contact him in support of such a concept, He suggested a buildingsuch P as one In Reno, Nevada with a foam dome. The building could be made any size wanted and inexpensively. Very good insulation. Council concurred that a committee be formed to investigate the concept and appointed Councilor g pp an Measles as the chair. H-7• Approval - Petition to Vacate Ten -Foot Utility Easement Within Easterly Boundary Tract A, Central Heights Fourth Addition, Plat No. 88-54 KRD. MOTION: Councilman Smalley MOVED for approval of this vacation. Councilman McComsey SECONDED the motion. Councilman Smalley stated that this application had been approved pp ed by Planning & Zoning. The Commission had no problem with the vacation and recommends approval. Councilwoman Swarner stated that this is an after -the -fact request made after the concrete was poured. The applicant probably knew the rules. Councilman Walker asked if there was service to the utilities from Portlock Street. The answer was yes. Councilman Walker stated that he is against after -the -fact requests, however, since service can be received from another street, it is acceptable. KENAI CITY October 17, Page 19 VOTE: COUNCIL MINUTES 1990 Swarner: No McComsey: Yes Walker: Yes MOTION PASSED. Monfor: Absent Measles: Yes Smalley: Yes Williams: Yes ITEM I: ADMINISTRATION REPORTS I-1• Mayor Mayor Williams referred to a letter in the packet requesting p from the Borough re q g a priority list of economic development projects. Also, reference was made to comments ' of his conversation with Marla Huss at the regard Borough in re ' which were included in the packetg g d to tourism . Mayor Williams added that the Council must ass a r listing its priorities p resolution P• of projects on November 7, in order to forward the list to the Borough by November 9 in ' � order that they may include it in thei r booklet. Because of this short time allowance, Mayor Williams requested that the work scheduled for October 25 b session agenda 1990, e expanded to include Thompson Park, additional paving in the City, fundingfor c housing, ,•ongregate • g, potential funding for an ice skating facility, a additional thoughts of the Council,Y, nd g Mayor Williams reported that the Kenai Caucus is scheduled Saturday, October to meet on y, tober 20, 1990. He is a member of a subcommittee which reviewed the Caucus' on ositia proposed amendments p paper and Mayor Williams stated that dues to the Caucus for this fiscal year will stay at $25,00, There objections from Council to continue the City of Kenawere no i s membership to the Caucus. Mayor Williams stated that Mr. Nick Miller declin ed the appointment to the Planning & ZoningCommission. 1On• Mr. Mi ller feels that he has a conflict of interest at this time, however he would be interested in such an appointment Mayor Williams suggestedpp ent at a later date. Tom Murphy be appointed to the Commission. There were no objections from Coun cil. Clerk Freas will prepare a letter of appointment for Mr. Murphy. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 20 Mayor Williams reported that he will be absent from the Council Meeting of November 7, 1990. Clerk Freas will have the appropriate telecopier number to send the resolution regarding the CIP list to the Mayor for signature after passage by Council. The Mayor will then sign and telecopy the resolution back to the Clerk and she will forward it on to the Borough. Mayor Williams requested that Vice Mayor Measles chair the November 7, 1990 meeting. Councilman Measles stated that as of this meeting, he is no longer the Vice Mayor. Council must elect one of its members to that position. MOTION: Councilwoman Swarner MOVED to nominate Councilman Measles as Vice Mayor and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams added that he has requested Clerk Freas to attend the Kenai Caucus meeting on Saturday to take minutes as he will be elected secretary of the Caucus. City Manager Brighton suggested that the contract secretary be hired to take the minutes. Mayor Williams requested that Clerk Freas be in attendance at the October 20, 1990 meeting. I-2. City Manager City Manager Brighton distributed a memorandum from Finance Director Brown which included basic information about Thompson Park water and sewer. He suggested Council review the memorandum prior to the work session. City Manager Brighton reported that Finance Director Brown Attorney Graves, Kim Howard and he met with a representative from Carr Gottstein. Mr. Brighton reported that Carr Gottstein is basically asking for a one-year lease without paying rent. He added that he told them that he would not take that to Council. Carr Gottstein is concerned about the environmental assessment. Their representative telephoned and requested to be taken from the agenda this evening. Their representative told Mr. Brighton that their market people had not done their job yet. They are unsure how big the building will be at this time. Mr. Brighton stated that he felt the City was being led on by Carr Gottstein and that they are not going to sign the lease until they are ready. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 21 Mr. Brighton stated that the environmental assessment states that there has been some crankcase oil deposited on the property, Y There have been some holes dug to check for leakage of unwanted material. The City may have to remove some dirt. Mr. Brighton reminded the Council that when first approached by Carr Gottstein, Carr Gottstein wanted immediate action from Council to give them a lease for the property. Mr. Brighton does not think there is much the City can do to move them on signing the lease until they are ready. Mr. Brighton added that these are his own personal opinions. Mayor Williams asked Attorney Graves that at the time Carr Gottstein made their statements and requested that action be taken right away, can that be constituted as an indication of intent for specific performance and can the City hold them to a specific performance contract? Attorney Graves answered that the lease was not signed and the City cannot make them sign it not based on promises. Mayor Williams stated that he had mentioned before th at he had a queasy feeling about this venture. Mayor Williams stated that perhaps the City should advertise the property on open market. His personal feelings are that the Council should direct the City Manager to advise Carr Gottstein that the Council expects an immediate signing of the lease and that they should live to the promises they have made to the Council and the community,, Smalley stated that he believes that knowledge of the Fred Meyer/Carr Gottstein le g lease is widely known. There have not been others interested in leasing the property. Mr. Smalley Manager con suggests that the City g tact Carr Gottstein and be diplomatic, but express our strong desire to get the lease signed. Councilman Walker stated that as he understands it the extension runs out before the next council meeting. Unless a special meeting is called talking p ,g about extending the lease application again is a mute point. Attorney Graves informed the Council that he received another amended lease yesterday afternoon. The City sent a lease counter proposal in July. He just received their response. He will review and put together his comments and review with administration. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 22 Council discussed Carr's request to not a rent until after pay r construction is completed. Finance Director Brown stated that is illegal according to the Kenai Municipal Code. Attorney y Graves added that the appraisal was received approximately one month ago and is good for a six-month period. Councilman Smalley suggested that if it is allowable have Department the Public Works De p ent remove the questionable dirt from the property for the City. Councilman Walker stated that he believes that the City should report it to DEC and then do the work and tell them the questionable dirt has been removed. There are no cut-and-dried laws regarding who should do the removal. Atto rney Graves stated that the assessment report is available in his office, Mayor Williams suggested that on November first when the application extension runs out, the Cityadvertise the availability o f the property statewide. Councilman Smalley stated that he did not disagree, but g, should Council not sign the i lease if it is a lease that t can sign and then send it back to them? Attorney Graves answered that unless there is a meeting, special p ting, the Council would not be able to approve Carr Gottstein's signing of the lease between now and November 1. A s special meeting would be needed for Council to approve the lease. Councilman Smalley stated that he felt there should be a ' special meeting to do this, because if they tell Carrs to sign � g the lease, but if Council doe s not approve the City s signing the lease, the City is negligent also. MOTION: Councilwoman Swarner MOVED to have a special meetingr' prior to the work session on Thursda y, October 251 1990 at 6:30 p.m. Councilman Smalley SECONDED the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. Mayor Williams ' objected, VOTE: Swarner: Yes McComsey: Yes Walker: Yes MOTION PASSED. Monfor: Absent Measles: Yes Smalley: Yes Williams: No KENAI CITY COUNCIL MINUTES October 17, 1990 Page 23 Councilman Measles suggested that Carr Gottstein be notified of the special meeting and request that a representative, with the ability to sign the lease, be present. Mayor Williams requested that the Finance Director make available to Council the Borough appraisals of the lots in Thompson Park, at least advisory of assessed value. Finance Director Brown asked if they want a representative sample. Answer: Yes,, 1-3• Attorney Attorney Graves reminded the Council that he will be attending a hazardous waste seminar in Washington, D.C. next week. He will make his comments regarding the Carr Gottstein lease prior to his leaving and will be available for telephone calls, etc. 1-4. City Clerk No report. 1-5. Finance Director Finance Director reported that earlier he passed out the single auditor report for them to review. The report states there are no problems with the grants. 1-6. Public Works Director Public Works Director Kornelis reported the following projects, ro'ects, status: i. A-1 taxiway project - complete 2. Drainage project - complete 3. Old Town paving - final completion 4. Park Shelter - Completed 5. City auction is scheduled for October 20, 1990, 6. Sewer Treatment Plant - Finalizing schematics. 7. Warm Storage - Project started today. 8. New Street Lights - He has spoken with HEA. They have ordered poles and light fixtures. He offered the use of the City's crew, backhoe and equipment. He also suggested to them that they hire a contractor and deduct that cost from the purchase order. That would not be an extra cost to the City. 9. Senior Center - Coming along. The solarium done. Siding placement has begun. 10. Library - Starting date for painting is November 15 1990. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 24 Ile Wooden Posts for Banners - He contacted HEA to do the work for the City. They estimated the cost at $1,700 for two wood poles, two wires, two guy wires with anchors. Council needs to decide on a location for placement. A air space permit will be required from • • q DOT, however Director Kornelis does not believe this will be a problem. . Council assigned the placement question, etc. g q , to the Beautification Committee, 12. Boat Launch - Director Kornelis stated he spoke with the Corps in regard to the boat launch. He was told that the Y are in the middle of preparing a decisional document and it should be submitted next week. He has requested a co of the document. copy 13. Willow Street Extension Corps Permit - Received. 149 Snow Removal - Enforcement of cars from parkin city g on Y streets to allow snow removal is a problem. Duringthe day, Y. Plows must go around cars parked on the street and that leaves a berm. KMC was amended in 1988 stating no parking g on streets between 4:00 a.m. and 8:00 a.m. If cars are on the street, the street crew notifies the police and the . There Y have the car towed away. e was liability last year because the street crew could not see cars hidden b snow that were parked on streets •y p for a long period of time. There are signs stating when parking is allowed. The have already advertised and will co Y continue to advertise in the paper when street parking is allowed. It was suggested that the hours be extended to Midnight to 8:00 a.m. to when parking is not allowed on the streets. Also, police officers should check cars while on their routes. Director Kornelis is to change the signs and advertisement, changing the times, g g Councilwoman Swarner asked when the street lights on Cedar and Hemlock will be re g paired and who is to repair them. Director Kornelis stated that HEA is to repair them. The are aware of the need of repair. T Y p They are working to find the correct parts for repair, which includes changing to different ballasts and fixtures. Councilwoman Swarner expressed her frustratio n at getting the repairs completed. I-7. Airport Manager Airport Manager.Ernst reported that he has had the empty lot across from the airport graded for overflow long-term parkin g, g. KENAI CITY COUNCIL MINUTES October 17, 1990 Page 25 Signs will be placed informing public of the within the next few weeks. A sign will also long-term parking lot directing overflow to lot. ITEM J: DISCUSSION J-1. Citizens There were no comments from citizens. J-2• Council Councilman Walker - No comments, overflow parking lot be placed in the the other parking Councilwoman Swarner - Her term on the AML Legislative Committee j has ended. She has received a nomination form. If there are no objections, she will submit a form for another appointment. There were no objections. Councilwoman Swarner added that there is another position available for a representative from the City of Kenai to be on the Committee. She stated that the Committee meets during the AML Convention and approximately three other times in Juneau between January and May. Councilman Walker was suggested. There were no objections. Clerk Freas will supply Councilman Walker with a nomination form. Councilman Measles - No comments. Councilman McComsey - No comments. Councilman Smalley - Welcomed Councilman McComsey. He added that he noticed that the Peninsula Athletic Club was having problems, Councilman Smalley stated that he had been in touch with Frank Mullen from the Cook Inlet oil Spill Regional Citizens Advisor Committee. The are looking for y ,Y g another member. The person must be from the private sector. Mayor Williams stated that he earlier had thought Barry Eldridge could be a member, however, he is in conflict due to his employment with the CIRO. The Mayor then suggested Tom Wagoner, but discussion determined that he is also in conflict due to his being a fisherman. Councilman Smalley suggested Tommy Thompson. It was determined that the company for whom he works does business with CIRO, Councilman Smalley then suggested Loretta Breeden. Councilman Measles KENAI CITY COUNCIL MINUTES October 17, 1990 Page 26 stated that there will be a representative from municipalities, environmental, fisherman, etc. It will be very difficult to find someone without.a conflict in this area. Mayor Williams will give more thought to this representative appointment. Mayor Williams asked Finance Director Brown to find out who pays Y the water and sewer charges for the Kenai Merit Inn. ITEM K: ADJOURNMENT MOTION: Councilman Smalley MOVED for adjournment. There were no objections. SO ORDERED. Meeting adjourned at 11:05 p.m. Minutes transcribed by: Carol L. Freas,'City Clerk 10/25/90 PARTIAL VERBATIM KENAI CITY COUNCIL MEETING October 17, 1990 ITEM I-29 CITY MANAGER REPORT BRIGHTON: Well, I've got a memo from the Finance Director that I only provided you so that you have some basic information about what you're work session is going on Thompson Park water and sewer. We're talking about costs of what's involved and that sort of thing. You probably need to go through that before the meeting of that evening, The only other thing that I have is that the Finance Director, the Attorney and myself and Kim Howard met with a representative from Carrs last week. As you well know, the negotiations between trying to get this lease put together from the standpoint of both parties, hasn't been accomplished yet and I'll let the attorney talk about that. But, they had two or three other things that they were extremely interested in. One was from a financing standpoint of the structure. They wanted...maybe I better let that technical aspect of it to... But the callosal one was, and that really upset us was, they want a year's lease without any lease rate and we told them that we would not take that to the Council. Secondly, they are extremely interested in the environmental assessment that has been done. They now have a copy of it. We were called and asked to take them off of the agenda this evening with the excuse that their marketing people hadn't really done their job yet and they weren't in a position to know how big that building was going to be.In my opinion, all they're doing is jerking us around and trying to keep from signing the lease on that property until they are ready to start construction. We do have, what may be considered, a couple of small problems environmentally that we may have to go over on that property and remove some dirt. There are a couple of spots that look like somebody dumped crankcase oil or something of that nature which has been identified in the assessment. We have also established a couple of holes in the ground to determine whether or not there has been leakage of unwanted material, I guess, on the property. It appears, at this point, that there isn't a real problem with that. But, I can visualize the way Carr's has handled us up to this point, that they can play games with that for another six or seven months, at least by the time spring is here before they're -1- willing to sign the lease. These are my own personal opinions that you should probably draw upon the other peoples' opinions that were at that meeting. But, those are my conclusions and I don't think there's a thing that we can do about it unless by some miracle, we had somebody drop in who had an interest in that real estate. But you remember, when this whole thing started, they indicated to you they were ready to sign that lease just as soon as Fred Meyer came off the lease. Well, Fred Meyer has been off since April. And Fred Meyer paid the City almost one-half a million dollars in lease rates on that property. And, since they came off, there have been no lease rates paid and Carr's isn't going to pay any lease rate until they absolutely have to. I don't have any advice for you on what you ought to do at this point, but I don't think that all the balls are in their park. With that, I think maybe Charlie and... WILLIAMS: Question of the City Attorney. AT statements here and their request, City Council that it had to be done perform. Could that be constitute for specific performance and could specific performance contract if we GRAVES: the time that they made their they were very adamant to the right now, they were ready to d as an indication of intent we in fact, hold them to a so choose or chose to do so? They didn't sign a lease. I mean, they indicated that wanted to and they haven't and it wasn't signed. So, I don't think we can make them sign a lease right now. WILLIAMS: So they, we couldn't say by virtue of the fact that they put that much pressure on the Council that it was an indication of their desire to perform immediately? GRAVES: No. It wasn't signed and we can't make them sign it, not based on their promises. WILLIAMS: You know, I mentioned to Council before that I had a real queasy feeling about this whole thing and I knew in the back of my own mind that this is what was going to transpire. We have had the right ever since the canceling of the Fred Meyer lease to put this property on the market. On the open market. I don't know if we want to aggravate the situation by doing that, but I do -2 - know that they have not come to us in good faith and performed anywhere near our expectations that they led us to believe they would. BRIGHTON: Boy, that reporter's writing so fast... WILLIAMS: That's okay. Let him write, let him write. My experience with Carrs in the past has lead me to the very comments that I'm making now and I personally feel that we should direct the City Manager to advise them that we expect an immediate signing of that lease and that they should live up to the promises that they made, not only to this Council, but to this community. This community has been a major supporter of Carrs market over the years. We have spent hundreds of millions of dollars from this community into that organization. I would expect them to treat us somewhat as good neighbors and good customers. At the present time, they are costing the City of Kenai a considerable amount of money. Councilman Smalley, SMALLEY: I understand you're position John. A couple of things. We haven't had people kicking our doors in wanting that piece of property. The knowledge that Carrs hasn't signed the lease with the City and that Fred Meyer is out of the picture, is fairly common probably in the business community and nobody is kicking our doors in wanting the property. Granted, we haven't advertised it. But that knowledge is there. That it is available. It's costing us money because we had a lessee in there and since April there's been no income coming in on it. At this point in time, it's not costing the City payment money, is it? I mean it's still sitting there. You know, I don't like being moved around, pushed around, jerked around. We extended their lease agreement till November what first? Third? Somewhere in there. I could see perhaps Mr. Brighton contacting them and say, hey we extended that lease until November first. We definitely would like you to sign by then. The City may have to take some other course of action if it isn't. But, I think, saying it nicely, I mean, I'd hate to end up with a piece of property that still going to sit there. It would be nice that if within a year there were a building put on it. And, when they're the ones with the bucks, it seems real hard to, real difficult to want to go out and insult them. -3- WILLIAMS: I would offer Council's thought that there might perhaps be someone else out there. We don't know. We can be very aggressive in our advertising of that property and determine whether or not there's somebody else out there. MC COMSEY: When did Fred Meyer's lease run out, would have run out? WILLIAMS: I think we had an ongoing lease with them. Q' ' I imagine fifty years... WILLIAMS: They were no performing according to their original but they were definitely paying us all the time. WALKER: Thank you Mr. Mayor. Just one comment. As I understand it, we don't have a meeting between now and the time that that lease agreement, in fact, does run out. And unless we call a special meeting, basically this discussion is a mute point because we're not at this point in time talking about extending that lease extension one more time. So, if I'm not incorrect, I think it does back to the open market as of the first of November. BRIGHTON: The attorney has a copy of the amended lease received today? GRAVES: Yesterday afternoon. BRIGHTON: Go ahead. GRAVES: I received a copy of the amended lease yesterday afternoon. You might remember, we sent them our lease counterproposal in July. We got their response back yesterday afternoon. I looked over it somewhat today and wrote some comments. I'm going to sort of -4- finalize my counterproposal and talk to the other people in the administration about what they think on it. I don't know, Bill did you have any other thing you wanted to ask about the lease? BRIGHTON: No, other than if the lease they sent you is a lease that we can sign, the question now becomes, if we sign it, will they sign it at this point. I think the answer to that is, no, they won't sign it. WILLIAMS: That's exactly right. BRIGHTON: And if the time expires, as Councilman Walker suggested, then they have to start from scratch again. And of course, that serves their purpose too because it prevents them for another five or six months to pay any lease rate on that property. When they had the gall to ask us to forgo the lease rate during the construction time, I couldn't believe it. But, they're not short on... WILLIAMS: Gall! BRIGHTON: Yeah. SMALLEY: What would those costs be, Mr. Brighton, the foregoing of the lease rate for say... BRIGHTON: Well, the lease rate, believe it or not, is only half what it was, what we charged Fred Meyer. We charged Fred Meyer close to $125,000 a year. Since we reappraised the property and the prices have gone way down from when Fred Meyer was interested, their lease rate is only going to be in the neighborhood of $60,000 a year. Isn't that correct, Charlie? BROWN: Yeah, I think that's about right. I think the new rent's about five thousand a month. To answer your question, if they ask for $5,000 approximately a month, for a period of a year... -5- WILLIAMS: A waiver... BROWN: ...But that issue. It's illegal according to our Code. You can't really answer it... SMALLEY: Yeah. That was my next question, yeah. MEASLES: Well, if they don't sign the lease by November, it has to be reappraised again anyway before we can get into a new lease, doesn't it? GRAVES: The appraisal has to be within six months and it just came back within a month. WILLIAMS: Didn't we just last month agree to a technical waiver of that portion of it for a thirty -day extension? GRAVES: That wasn't the appraisal part. That was the six-month lease approval process. SMALLEY: Yeah. WILLIAMS: All right. SMALLEY: I have another question of maybe Keith? Is it possible, or should we or shouldn't we do it, maybe Bill could get into this too, send a piece of equipment over there and scoop out that "crankcase oil" and get it out of there so it's not a problem. BRIGHTON: Well, we talked to the consultant today and we requested that he go talk to the City Engineer, Keith was busy at the time, and work out the problem, had to be handled to take care of that problem. So, I haven't had a chance to get feedback from the engineer from that standpoint of that yet. SMALLEY: Okay. BRIGHTON: But, we will move to get that remedied post haste. KORNELIS: It may not be a problem. We have to check the DEC regs. GRAVES: We haven't sent that report to DEC to see if they're going to try to require to clean it up. What we're doing is, is we're sort of covering that base in case they want us to do it. We're finding that if we can use our own in-house backhoe to scoop that out. SMALLEY: Yeah, yeah. That's what I was, okay thank you. WALKER: Would it be appropriate to ask how big an area this is? BRIGHTON: How big what? WALKER: Approximately how big an area it is in cubic yards? KORNELIS: I don't know. I haven't been out... GRAVES: It's in the report, Kevin. I can't... -7- WALKER: That's fine. The reason why I'm commenting on it is quite often with the DEC is that if you go and clean up your own mess and take care of it, certainly report the problem, but go in, clean up the mess, take care of it. Tell them, we had this, this is what we did and it's fixed. That's the best solution because there are not cut-and-dried laws on what you must and must not do. There's a lot of leeway in dealing with DEC. I think Mr. Measles can probably be able to expand on that... MEASLES: I already did. GRAVES: We have that consultant's report if you'd like to come by and look at it. WILLIAMS: Getting back to Mr. Walker's, Councilman Walker's original thought with regard to the lease, this lease runs out, in any event, on November the first. Is that correct? GRAVES: Application period will run out around the first. WILLIAMS: The application. We are not extending the application period so therefore, we're not extending, we won't be looking at another application for a while, unless this Council so chooses to extend that application period tonight. And I for one, am not willing to do that. And I realize that in doing that, we probably again play into their hands, but, and allow them another four or five months to play with it, but I would just like to go ahead on November the first, advertise that property in a couple statewide publications like the Anchorage Daily News and Times. SMALLEY: I guess I don't have a problem with that either, but to be able to do that, should we not sign this lease if it's a lease that we can sign and send it back to them? GRAVES: Council, unless you have a special session, I don't know if you'll be able to approve them signing the lease between now and a:= November 1. From my point of view, I can have it reviewed and ready to submit to Council within a couple days, but there's no forum unless there's a special meeting to approve it. SWARNER: Can we have a special meeting before the work session on Thursday, next Thursday. WILLIAMS: The Mayor will only call a special meeting if specifically directed by a majority of this Council. SMALLEY: Well, Mr. Mayor, I would suggest that maybe that might not be a bad idea if we're trying to say we want you to sign the lease, we want you to sign the lease, damn it, sign the lease. Then, if we don't send a lease for them to sign, then we're as negligent as they are. SWARNER: So, I move that we have a special meeting prior to the work session on Thursday evening. The work session is scheduled at what time, seven? Seven, okay. Then we have a special meeting at 6:30 p.m. SMALLEY: Second. WILLIAMS: All right. It's been moved and seconded for a special meeting at 6:30, October 25, 1990. SWARNER: And ask for unanimous consent. WILLIAMS: Objection. Clerk will call the roll. CLERK: Swarner: Yes Measles: Yes McComsey: Yes Smalley: Yes =10= Williams: No Walker: Yes MEASLES: I think we probably need to request or at least notify them that we're having a special meeting to approve or disapprove their lease... WILLIAMS: Within their best interest to have a representative here. MEASLES: One that has the authority to sign the lease before he goes home. SMALLEY: On the spot. MEASLES: I don't think they're, just like Bill mentioned, they're just jerking us around trying to put off payment until they get ready to start the building. According to the article that they put in the Daily News this morning, they know what size the building's going to be, they know where the building is going to be located... MC COMSEY: Well, they've told the Chamber. They told this body. They told Planning & Zoning. Everybody they've told exactly what they're going to build. SMALLEY: ...that's it's been done... MEASLES: But they don't what to start paying lease on that property until they have the store ready to start selling merchandise and that's not the way it works. WILLIAMS: Them were my very words when we were down in Juneau. Remember what I told you. END OF ITEM. -10- AGENDA KENAI CITY COUNCIL - SPECIAL MEETING OCTOBER 25, 1990 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval Be OLD BUSINESS 1. Discussion/Approval - Carr-Gottstein Lease C. ADJOURNMENT KENAI CITY COUNCIL SPECIAL MEETING Minutes of October 25, 1990 KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor John J. Williams called the meeting to order at approximately 6:35 p.m. in the Council Chambers in the Kenai City Hall Building, A- PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2 . ROLL CALL Roll was taken by the City Clerk. Present were: Monfor, McComsey, Smalley, Williams, Walker. Absent were: Measles and Swarner. ITEM B: OLD BUSINESS B-l. Discussion/Approval - Carr Gottstein Lease MOTION: Councilman Smalley MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Councilman McComse Y SECONDED the motion. VOTE: Monfor: Yes Measles: Absent McComseY : Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: Absent MOTION PASSED UNANIMOUSLY. Mayor Williams requested that Mr. Steve Agni, representing Carr Gottstein, and City Manager Bill Brighton be in attendance. Mayor Williams informed Council that Attorney Graves will be included in the session via telephone. EXECUTIVE SESSION BEGAN AT 6:40 P.M. Councilwoman Swarner arrived at 6:42 p.m. Councilman Measles arrived at 6:45 p.m. KENAI CITY COUNCIL SPECIAL MEETING October 25, 1990 Page 2 MEETING BACK TO'ORDER AT 7:15 P.M. Those attending were informed that during the Executive Session, Council discussed the letter of agreement and lease agreement regarding Carr Gottstein,, MOTION: Councilman Smalley MOVED to direct Administration to sign the Letter of Agreement and Lease Agreement with Carr Gottstein Foods. Councilman McComsey SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT, Councilman Walker objected to unanimous consent. Councilman Walker requested Councilman Smalley to separate his motion into two motions. Councilman Walker stated that he had some concern with the Letter of Agreement. He understands that both motions will probably pass, however he will not support the signing of the Letter of Agreement. MOTION: Councilman Smalley MOVED, with Council's permission, that the City Administration sign the Letter of Agreement with Carr Gottstein Foods. Councilman McComsey SECONDED the motion. UNANIMOUS CONSENT was requested. Councilman Walker objected. VOTE: Monf or : Yes Smalley: Yes Swarner: Yes MOTION PASSED. MOTION: Measles: Yes McComsey: Yes Williams: Yes Walker: No Councilman Smalley MOVED to direct Administration to sign the lease agreement with Carr Gottstein Foods. Councilman McComsey SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections to the request. SO ORDERED. KENAI CITY COUNCIL SPECIAL MEETING October 25, 1990 Page 3 ITEM C: ADJOURNMENT MOTION: Councilman Smalley MOVED for adjournment. Councilman McComse SECONDED the motion. There were no objections. SO ORDERED y . Meeting adjourned at 7:17 p.m. Minutes transcribed by: Carol L. Freas, City Clerk 4c • 4c 4c U is 4c V) 4c 4c H 4c it 44 z 4c Z 4c () / is 4c H it is is 4c 4c H 4c 4c is 0 4c Z is 4c 4c n is i< 00 it it is4c it is 4c 01, is * is is 1� * 49 It {c 49 it i< 4c is is E-+ 4c iis i< it s C) it it �7 00 p C O DO r-i p O p O is O is N O O O M O O O N p O 4c {c i< N N 1� O O O O is is �� * is �7 M* it'K it Q� t� ,--i GO M � O O O p '� O 4c O r-1 p •-c is 4c ClO 00 n O ^ � M O � 4c 4c O * it N 0 N � m *..� ^ ^ ON M 00 r.{ � * O� LO DO en Q1 rl is v1 N r-1 is i< M N r.i N O 1� r-4 00 is .� ''� m � is it r-i r-i 0 ,� 4c N is 4c * is p LO M tn 4( 41 4c 4c �-•i It {t it {c it 4c 4c 4c it 4cc it is is 49 4c is 49 is 4c is is 4t * It4c 49 i< it it H H z W it it a a '� i; a it It is it V) i< 4c 2 is 49 ;e Z z W CS �-t ?� EH' 4c 2 z 2 z z E-+ F.4 H H H E•� H U >+ E•+ it * F-q H H O O p is ,k H Ei EH E-+ x H H H Z H H ie * E-i E•+ E•+ W a H way' a w H pgo Ha H 4c �"* 49 a� �Z� Oo cn � � w *U*o HHH V)viv4< �zz is ,! * his UU U00 0 UV H i< is i< is is it {c is itis it i< i< is is i< It � it � is �O O i< is i< 0 z z it 4c Itit 4c it za�a it E-+i*t Q * * z W A<Q 4c '4 ito z iO4 s W ie U H U i< it H Hit A is z it �' >-' �' - F" itz �` a it E--qz iit t Q is a H A 0 o ic �� cn V) a w i< E-4 F 4 w w H H H H H O O w O O O P4 4t Ems' iit s O O H H E-4 is A En A 0� '�: w m H H H Z 4c is W a a` O i< is y (� ,� ,'� ,,a > 3 � ! w * a i< , r; it i< it U V U U U H it it It � i< is is i< 4c Z i< It H 4c E-4 4c K4 At U H w i< is it is it EH-4 itz ►� 49 It * x i< lb-4 PG cy 3 4c0 4c It a * ,w,a w c7 V� can z 49 o 0 it z H x co, H * * 49 H z a o `n �, o w H 0 n1.4 0 3 z 0 4c * q a * 0 w A H w E-+ '� � 4c M �' 134 u H E'' H U a H a U O en 4ca • U f" i A W H U H 4c z is _ Z Z O 14 is H* H A H WA O A z HO it It H WO H H i< * O►'j w 3 W it F•c * U Fy w U .0 U i< V] •k W w U H w a N it It H* 2 U) E'•c < U) cy i< A it W GAS ih p a PCi C) p U U V > w •-� E.� ►z0 It U H W W H U o i< i; w w M z o 0o Z A U i * �i< H >+HH `a CN it 49 O E-c w it w y yit 1�>I� A H a a H z- T 'k W * 4c •1 49 x � Ic z 0 O it 49 H w ic it F4Z.H it O * i< O W Z is Op 0 A Aj 494c 0 . r� z {c it pq U a H V ,k Z 00 4AO O* is w o -7 w is it p z C4 z H is is U ►-� a O. Z E•+ Ow It it H O AO �z7 H His i< V) E-+ '►� O z 4c i< H O W Hie 4c A ic H H V O A � a cn W z ..It U £ wic is "4 z z W Pai d V) U W pq O W I < a 4c i< E 4 O .a H* it cn a w a o w o _ w H pq >* it cn H cn zH is x 4t - "' w O P4 ¢ z < (n H w a o * * oz z H z ic A W H q~ i� w A oz o z a* * O w a x4c z is 2 W E-c H W W O a is i< U a O O is 4c O W z E-+ 1-4 E„c H � is O is W 04U 4444 i< A U �'. paq < H E-+ a' * Z * E-t d z 3 H zOL4 4c ;* o z w � //-a ;t ;c is H ;c N O all -zt M O O ;t ;t ;c O ;c .7 .7 Cp r-4 ;c •u N ;c ;c is ;c ri C ;c ;c V) a z z * cn Q, a ;c H H is ;c A 4c q H W W a >4 �+ o 0 v a xx V V a * d cn � w � O W W ;c W is H Q W H ;c ;c ;c ;c to p4 AG ;c is W V V 1.4 * � W W W w FA o0 a w aq as V a * * 00 A EHi is C� cn w z a H �� a ;c U) is U V N H a A as z o ;c .� O r-4 ;c ;c O 0 w A. wr4,% y w � •. y y 7, T 000 H z cwn cr 0 z peq w :D z WH 4 H u a 0 g H W �K is W H O i w o► H w 4 >+ w r� EH ?+ to U U is A Lr4 LJ4 �H„� �CZ7 H O F SuRsTITUTE : Sm"osted byt Planning A Zoning CITY Of KENAI •RDINANCE No. 1 1 ss-as AN ORDINANCE Of THE COUNCIL OF THE CITY OF KENATIl AIlEMING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECO14 ENTITLED *PLANNING AND ZONING." VIEREAS, several sections of the Zoning Code need to be updated, clarified, and conflicting sections made to ogre*. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL or THE CITY Codor KENAI, ALASKA, that amendments to the Kenai Nu pal Section 14 be made as defined below: Section It The Table containing development requirements located on Page 14-61 of the Kenai Zoning Code is hereby amended to read according to the attached Exhibit "A" which is attached hereto and incorporated herein, g:t:i:o: �1 Section 14*209240 of the Kenai Zoning Code is hereby amended to road according to Exhibit 08" which is attached hereto and incorporated herein. • Section 14JO450(9) of the Kenai Zoning Code is hereby amended to read according to Exhibit "C" which is attached hereto an incorporated herein. Section A: Section 10.20.150(c) of the Kenai Zoning Code is hereby amended to egad oeeording to Exhibit 00" which is attached hereto an r. incorporated heroine Section S: 1 .r Section /4.20.1RO(e) of the Kenai Zoning Code is hereby ea nftd to egad according to Exhibit "E" which is attached hereto ;! iacorporated herein. Y ^fir .JA s�` tiCC� . .`• �=y • .f' � �i .Y a Xa. 7� - t4 xi �ri•i r.,,f e` � .l[ � .,.>�.. r to �•�Y `' v� 1 t �r � irCr •...Y;, t t " ash'' L.�; � �;: r'L; •. _ '. .t .y _.•.`, _ . '�'� a `Y'_ ,. •c •-t. E 3t�.e.t ,� s � � -;• i .' n `z . t� :� ♦ •.-.,. a ..! -T.l 41�� E t z _ � `� �; •P �� .� �.' .r � �7r_ �' r`•� y�l-.!: : 1 � 1. �� � � z.. > 'i 'tJ ._ �r.� i w� •�r..c �`_ � 7; is t. �};,�r.a :.r � �v.. � t: t '71•i� Yd � * F' •`�'��� � t. ` � �ti?+ .. fix ` M.l �„��• �y� i�i i ��ti -'-��i•. ,3.. �t r. -r��W ♦ 1Yi .� Y - ,k._ i«i •-S _t a+lls'`� 'r'•. , �' .r` 4' .1.''lfi"s1. ;-•a'yS.. t • �S. . n'S /�+t'''�?MI" Ni t l=e .:.,z'� }�� •yam # C 144200240 Mobile "oseve (a) No mobile house may be Installed for w@70 an •the Ci-Ey of Kenai for public* commercial, or "86661 PUVPG*ee after the effective date of this ordinance, .r' .� (bT 140bilt MMOS for residential use may be established only 111jobill hgee pogka 88 permitted In the Land Use Table. (QJ Mobile hones, Which were Installed prior to the effective date of this ordinance in conformance with applicable building code regulations In areas where now prohibited and used for residential Purposes, way have such use continued Indefinitely, O%CGPt that such trailers shall not be replaced If destroyed Or removed. for M Mobile homes utilized an bone fide construction sites OffIC089 storage, or other such purposes may be so used anywhere within the City limits an the construction job they serve, but Shall be removed immediately upon couplation of said construction, Rr X 4. Z, X . .XL '.jam,- X! P, r 1AA W" P I �4, •mqt ell 14 �.V :#v 1�4 IL t f 14,20.2 0-14,20.240 chapter, ome occupations are permitted accessoryuses in residential zones only so longall as the development requirements listed in this section are observed. (b) Use Permitted. Subject to the development requirements o this section, home occupations include, but are not limited to, a following uses: (1) Ar studio. (2) Day are of no more than ten preschool age children. (3) Dressma ing. (4) Milliner . ( 5 ) Beauty pa for. (6) Tutoring a musical instruction. (c) Uses Prohibited. (1) Commercial au o and boat repair. (2) Commercial ken els or similar uses. (3) Convalescent ho es for the care of more than two patients. (4) Mortuaries. (5) Private schools wit organized classes. (6) Real estate office. (7) Restaurants. (d) Development Requirements. (1) Not more than one person outside the family shall be employed in the home occupation. (2) No more than thirty (30%) ercent of the gross floor area of all buildings on the to shall be used for the home occupation. (3) The home occupation shall be rried on wholly within the principal building, or other ildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (Ord. 925 ) 14.20.240 Mobile Homes: (a) No mobile homes may be' \ installed for use in the Cityof Y Kenai for public, commercial,.or as purposes after the effective date of this ordinance, • {b1 Mobile homes for residential use may be established d on home p'::s as permitted in the L.:y� �d Use Table. c) tf ob 1.e homes whi=.:qh were installed prior .o the effective date of this ordinance in conformance with applicable regulations Aplicable building code re g ions in areas where now prohibited and used for residential purposes, may have such use continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (d) Mobile homes utilized on bona fide construction sites for offices, storage, or other such may purposes be anywhere within the Cityp y s0 used Limits on the construction -job they serve, but shall be removed immediately upon completion of p said construction. (Ords. 925, 1017, 1155) (City Kenai 14-48 Supp. #46 - ASH LEY f?EEC> `xASSOCIATES, GOVERNMENT RELATIONS AND PUBLIC AFFAIRS CONSULTANTS 2�2223 2t���, C." t�D so.0 W y I June 30, 1990 col g�� 1 I i z ixl 11 x t 1 i f i � • Bill Bri ghton, City Manager 4 c i t 11 {City of Kenai t t'fit" 210 Fidal o Street i1 11} 1, g '}} rtl\ Ill ryt )xtt ,t i. ' 1 3 ''Kenai, Alaska 99611 r x ' it g. I 1 Dear Bill Per our conversation, I am enclosingtwo(2)coies p of a Letter of Agreement to provide lobbying services for the City y g y of Kenai. You . -s 1 will note that this agreement mirrors our last fiscal year g y agreement. 1 I am looking forward to continuing m relationship g y P with the City of y Kenai. Should the Letter of Agreement meet your • approval and is . authorized by the Cit , lease execute both copies Y p p n and return one I copy to me form files. Y If you have an questions or wish to y q discuss this matter further, please do not hesitate to contact me. Sincerely, y Ashley K. Reed Enclosure 510 L Street • Suite 210 •Anchorage, Alaska 99501 (907) 279-5350 • FAX(907) 258-3527 CONTRACT FOR LOBBYIST SERVICES ASHLEY REED & ASSOCIATES, INC. 510 L STREET, SUITE 210 ANCHORAGE, ALASKA 99501 CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 THIS AGREEMENT, made and effective the 15th day of July, 1990, 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 and 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: 1. Duties and Term. CONSULTANT will provide . legislative/administrative monitoring and lobbying services for CITY y g on matters and issues affecting local government, acting as an independent instructions and not as an employee,in accordance with such nstructions as may from time to time and at any time be given by the City Council, by and through June 30 1991. LOA, page 1 2. Compensation. CITY shall remunerate consultant for services in the sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000) paabley in the amount of SIX THOUSAND DOLLARS ($6,000) on the 30th day of September, 1990 and SIX THOUSAND DOLLARS ($6,000) each on December 31, 1990, March 31, 1991 and June 30, 1991, upon billing g from CONSULTANT. Reasonable, necessary and normal expenses associated directly with the duties of the Agreement are the responsibility of the CONSULTANT. No claims for expenses are contemplated by this contract. However, should the City ` Council require CONSULTANT'S services outside of Alaska, on behalf of the CITY, reasonable, necessary and normal expenses associated directly ctly with such request shall be reimbursed upon submission of appropriate receipts or documentation. 3. Notices. Until notified otherwise, all notices invoices and communications shall be sent to the parties of the Agreement at the following address: "CONS IJLTA,NTit Ashley Reed, President j ASHLE . Y REED &ASSOCIATES, INC. 510 L Street, Suite 210 Anchorage, Alaska 99501 t,CITY.1 Wm. J. Brighton, City Manager CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 4. Governin Ly Law. This Agreement shall be interpreted g p d 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 art for party 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 ability hereunder except such that expressly survives the termination . p y anon of this Agreement. 6. Disputes. Court venue for any dispute arising out of the Agreement shall be the Third Judicial District at Kenai Alaska. LOA, page 2 7 . Reports. CONSULTANT agrees to: (a) Keep the CITY informed of Legislative matters adversely affecting the City of Kenai by providing reports 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. (c) Within TWO (2) WEEKS of signing this contract, CONSULTANT is to provide the CITY with a list of all clients CONSULTANT is contracting with on the date this contract is signed. 8. 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. Reece President 6 - 2� --------- Date CITY OF KENAI Wm. J. Brighton, City Manager Date LOA, page 3 il 10 A* 1791-1991 CITY OF KENAI"Od Calaii/io7l 4" 210 FIDALGO KENAI, ALASKA 89611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Mayor John J. Williams & the Kenai City Council FROM: Kim Howard, Administrative Assistant {�-- DATE: October 311 1990 RE: Assignment of Lease - Lot 1A, Block 41 General Aviation No. 3 Attached' is a letter from attorney C.R. Baldwin requesting a consent to assignment of the referenced lease. A copy of the Agreement for Assignment of Lease and Contract for Sale between Schumacher and Wolverine Leasing is also attached. (In March, the Council approved an assignment of this lease from Dave Diamond to the Schumachers.) In reviewing the assignment I noticed that the plat number shown is actually the Borough filing number. The correct plat number is 8 7 - 93. Just as a note, Wolverine Leasing submitted a lease application in March to lease two lots on North Willow Street for air taxi operations but declined to return the executed lease. The lease states the lessee agrees not to assign the lease without the written consent of the City. If the Council has no objection, the Administration will ask that the plat number be corrected and the City Manager will execute a consent to assignment, Attachments /kh ( � f s Ac r ii 31 174 32 f. +a�� •�• t2 ' r jt 1� . FL , , i s f ��1! :_`. /� � too PLANE •�1� { � }+•�. i .lt 7 ,. f . .I' RD spasm CEMETERY I WELL SERVE 1p S/ 7C .........: .ii. t i�'��t••�': •�i�ii' tl •'�llli':i�\�it!+•j� t� •' t . ut Q �Et:::c :•tit;: :. .. �;:� .•ct•?..: is If lb Sir •.. • : , ••. ••. , . :�•�•::1• I� .Ap�. ::•: 0 •1. .5�;.••t PUBLIC cl ., :•::" ••''�'';' • PARK 1 N 6 :::.' • : • • aqr A R E S o•.•• •�• •'• •'• '�• ,•�v •••••••'•• 'Y r'',. •.• 125 N. Willow P.O. Box 4210 Kenai, Alaska 99611 Area 907/ 283-7167 Fax # 283-8435 C. R. Baldwin Lawyer October 25, 1990 City of Kenai ` Attn: Bill Brighton, City Manager 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Bill: C.R. Baldwin Blaine D. Gilman Brad Ambarian Enclosed is an agreement for the assignment of the lease hold interest to Lot 1, Block 4, General Aviation Apron Number 3. The City's consent to the purposed assignment is requested. Thank you for your attention to this matter. Very truly yours, r f s C/ t' C. R. Baldwin cx$/tl Enclosure 06 AGREEMENT FOR ASSIGNMENT OF LEASE AND CONTRACT FOR SALE This Agreement g ent is entered into this 2 Y da of October, 1990, by and between STEVEN SCHUMACHER and WENDY So SCHUMACHER, of P.O. Box 1866, Kenai, Alaska 99611 (hereinafter called "Schumachers") and WOLVERINE LEASING, a partnership doing business in the State of Alaska, whose mailing address is Box 8553, Nikiski Alaska 99635 (hereinafter called "Wolverine"), RECITALS WHEREAS, Schumachers have an interest in a leasehold estate as evidenced by that certain Lease Agreement with the City of Kenai as Lessor, recorded the -16th day of June, 1981, in Book 172 at Page 257, as amended by instrument recorded at Book 315 at Page 884, Kenai Recording District, to. cover the following -described real property (hereinafter referred to as the Property) ; Lot 1A, Block.._._4, GENERAL AVIATION APRON #3, according to Plat No. ' $7.- 08 9 j,". f i l ed in the Kenai Recording District, Third Judicial ---District, State of Alaska • and WHEREAS Schumachers desire to assign, and. Wolverine desires to assume, all rights, liabilities, and duties of Schumachers in the lease of the above Property; and WHEREAS Schumachers own an airplane hanger and certain other improvements and fixtures located on the Property; and WHEREAS Schumachers desire to sell, and Wolverine desires to buy, the airplane hanger and all of the other improvements and fixtures located on the Property; NOW THEREFORE, in consideration of the mutual covenants and conditions set out below, the parties agree as follows: 1. Assignment. On or before November 1, 1990, Schumachers shall execute an Assignment of Lease by which Schumachers will assign to Wolverine all. of Schumachers' interest in the leasehold estate to the Property. 2. Sale. Schumachers shall. sell to Wolverine, and Wolverine r shall buy from Schumachers, the airplane hanger and all. of the other improvements and fixtures located on the Property. This sale shall become effective upon receipt of the payment specified in Paragraph 3 below. 3. Payment. Wolverine shall pay to Schumachers the sum of AGREEMENT FOR LEASE/CONTRACT FOR SALE Pa ge 1 $81, 000. 00*; said sum to be payable on or before the date specif ied for the execution of the Assignment of Lease as set out in paragraph 1 above. 4. Possession. Regardless of the time of execution of the Assignment of Lease, on October 15, 1990, Wolverine shall have been entitled to possession of the Property, as well as the airplane hanger and all improvements and fixtures located on the Property. 5. Consent Required. Schumachers shall apply to the City of Kenai for its consent to the Assignment of Lease. If the City of Kenai fails to so consent, this Agreement shall be void, and all parties hereto shall have no obligations hereunder and shall be restored to the same positions they held prior to the execution of this Agreement. 6. No Liens or Encumbrances. At the time of the execution of the Assignment of Lease by Schumachers, the Property, and the airplane hanger and all other. improvements and fixtures located on the Property, shall be free and clear of liens and encumbrances. 7. Agreement, provision Time of the Essence. Time is of the essence of this and of each and every covenant, term, condition, and thereof,, 8. Law Governin This Agreement shall be governed b and � Y construed in accordance with the laws of the State of Alaska. 90 Entire Agreement, This Agreement contains the entire agreement between the parties and cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. 10. Waiver. The waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof . 11. Binding Ef fect. The covenants and conditions contained herein shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. AGREEMENT FOR LEASE /CONTRACT FOR SALE Page 2 W, In witness whereof, the parties have executed this instrument at Kenai, Alaska, the day and, ear fi st above written. 'SttVEN SCHUMACHER WENDY S . SCHUMACHER . WOLVERINE LEASING By AGREEMENT FOR LEASE/CONTRACT FOR SALE Page 3 1991 Legislative Positions Kenai Peninsula KENAI PENINSULA CAUCUS AN ORGANIZATION REPRESENTING MUNICIPAL GOVERNMENTS AND CHAMBERS OF COMMERCE OF THE KENAI PENINSULA BOROUGH 177 North Birch Street, Soldotna, Alaska 99669 Phone: 262 9107 Board of Directors Chambers of Commerce Buzz Kyllonen, Anchor Point Gloria Wisecarver, Funny River Mike McHone, Homer Jim Carter, Kenai Jack Brown, North Peninsula Darlene Crawford, Seldovia Andy Patapoff, Seward Roy Barton, Soldotna 1991 OF LEGISLATIVE POSITIONS The Kenai Peninsula Caucus is a nonprofit corporation organized under laws of the State of Alaska. The Caucus was organized in 1987 for the general purpose of promoting the physical, social and economic well being of the Kenai Peninsula Borough. Its specific purposes may include, but shall not be limited to: charitable; benevolent; educational; civic; patriotic; political; social; and cultural activities. Voting members of the organization are representatives of Municipal Governments and Chambers of Commerce of the Kenai Peninsula Borough. An objective of the Caucus is to secure legislation at the local, state and federal levels which will be beneficial to inhabitants of the Kenai Peninsula Borough and to oppose legislation injurious thereto; but to remain non -partisan in the conduct of its affairs. The Caucus does not endorse candidates for elected or appointed positions at any level of government. Two weeks written notice must be given to each voting member of the Caucus before it may consider a legislative position or resolution. An act of the Board of Directors must be approved by at least 75% of the Directors present at a meeting. The intent of this bylaw requirement is to assure that any action taken by the Caucus will represent a substantial consensus of opinion within the Kenai Peninsula Borough. This brochure provides a synopsis of the legislative positions developed by the Caucus through input from municipal officials and directors of the local Chamber of Commerce organizations. Each position represents legislative recommendations of the Caucus. These positions will be actively lobbied for by the Board of Directors on behalf of its membership to the Alaska Municipal League, the Alaska State Chamber of Commerce, the Local, State and Federal governments. As Recommended for Ratification At an Annual Meeting of the General Membership Held October 20, 1990 Mr. D's Restaurant, Kenai, Alaska Ratification Draft 1 October 20, 1990 1991 Legislative Positions Kenai Peninsula Caucus TABLE OF CONTENTS Part I Resources Page A Oil & Gas Development 3 B Tourism 3 C Timber 4 D Fish & Game 4 E Coal Development 4 Part II Alaska Hire A Legislative Remedies 4 B Recommendations for Employers 4 Part III Education A Operating Expenditures 5 B Bonded Indebtedness 5 C School Construction Grant Program 5 D University of Alaska Programs - 6 =` Part IV Energy 6 Part V Taxation and Finance A State Budget 6 B Borough Budget 7 , C Taxation, Accounting and Reporting Requirements 7 Part VI Transportation and Public Facilities A Correctional Facilities 7 B Roads and Highways g C Aviation 8 D Solid Waste Disposal 9 E State Highway Maintenance Facilities 9 F Senior Citizen Housing 9 G Marine Transportation Systems 9 Part VII Land Use A Areas Meriting Special Attention 10 B Designation of Wilderness Areas 10 C Wetlands Legislation 10 Part Vill Intergovernmental Relations A Borough Special Service Areas 10 B Differential Tax Zones 10 C Military Facilities 10 D Public Employee Labor Relations 10 E ForeignTrade Zone 11 Part IX Tort Reform 11 Ratification Draft 2 October 20, 1990 1991 Legislative Positions Kenai Peninsula Caucus PART 1 RESOURCES A. OIL AND GAS DEVELOPMENT 1. Arctic National Wildlife Refuge. The Congress of the United States should open the Coastal Plain of the Arctic National Wildlife Refuge (ANWR) to environmentally responsible oil and as exploration, development and production. g 2. Promotion. The Caucus encourages the State of Alaska to promote oil and gas exploration and development through: a. A stable taxation policy; b. Change or elimination of unreasonable or unnecessary regulations; C. Easing of permitting regulations to make possible the development of marginal p discoveries and sub -economic oil accumulations; d. Positive encouragement from the State administration. 3. Oil Spill Contingency Plans. The Caucus encourages the State of Alaska ' g a to insist upon oil spill contingency plans which will take into consideration the unique geographic circumstances of each area where oil is transported by marine vessels. In other words, plans developed for Cook Inlet must p be tailored to the Cook Inlet area, rather than imposing a state-wide contingency plan modeled after plans implemented for Prince William Sound. 4. SUDDort Natural Gas Ventures. The Kenai Caucus supports any meaningful endeavors which may remove roadblocks, aid in the search for U.S. and foreign markets, or develop practical, cost effective stipulations for construction of natural gas transportation and manufacturing projects within the Kenai Peninsula Borough. . 5. Kenai Peninsula as a Pipeline Terminus. While the Caucus supports Valdez as a terminus for a pipeline from the North Slope, strong effort should be made to intertie the Kenai Peninsula, su a, particularly the Nikiski area, with any natural gas pipeline which is extended from the North Slope. B. TOURISM 1. Marketin PI n . The development of tourism marketing plans to make Alaska and the Kenai Peninsula Borough a destination for all travelers is necessary. 2. State Funding. The legislature should appropriate to the Alaska Division of Tourism a sufficient budget for the continuation of its very successful state-wide marketing programs. In addition 9 , the legislature should appropriate sufficient funds to the Division of Parks & Outdoor Recreation to develop facilities within the Kenai Peninsula Borough which have a demonstrated visitor value. 3. Borough Funding. The Borough Assembly should continue to appropriate a sufficient budget for the implementation of marketingp plans to promote the Kenai Peninsula Borough as a visitor destination in joint venture with the Borough Economic Development District local chambers of commerce and municipalities. p Ratification Draft 3 October 20 1990 1991 Legislative Positions Kenai Peninsula Caucus C. TIMBER 1. Land Use Plans. A strong commitment must be made to timber management as a prime use in state and national forests and on property owned by the Kenai Peninsula Borough. Viable State and Borough timber sale programs should be developed with firm five year sale schedules to encourage and facilitate commercial timber harvest. g 2. Spruce Bark Beetle. The Spruce Bark Beetle disease is threatening timber and creating serious fire hazards throughout the Kenai Peninsula. Federal, State and Borough natural resource agencies are encouraged to schedule timber sale and management programs specifically designed to eradicate this disease. D. FISH & GAME 1. Qnshore Processors. The State of Alaska is encouraged to develop tax structures and regulations that would make onshore processors more profitable than those that operate at sea in order p to create and retain employment opportunities for resident Alaskans. 2. Fish Traps. The Caucus opposes use of fish traps as a device for resolving conflicts between Kenai commercial and sport fishing interests. 3. Game Trans lants. The Caucus urges Federal and State game management agencies to grant permits in a timely fashion to facilitate a proposal to transplant deer to the Southern Kenai Peninsula. 4. Subsistence. The State Legislature is urged to resolve subsistence issues where the are conflicting with Federal law and the State constitution. Y 5. Anchor River Enhancement. The Department of Fish & Game is urged to restore and enhance sport fishing opportunities for steelhead trout and salmon species native to the Anchor River. E. COAL DEVELOPMENT The State Legislature should amend tax increment financing statutes to enable Second Class Boroughs to sell revenue bonds for financing public ublic owned infrastructureg necessary to coal development. PART II ALASKA HIRE A. LEGISLATIVE REMEDIES The Caucus supports the concept of "ALASKA HIRE" by private and government employers. Local governments should encourage the State to take the lead at legislative remedies to determine whether a "ALASKA HIRE law will prove constitutional, rather than adopting ordinances which would mandate LOCAL HIRE" in contrast to "ALASKA HIRE". B. RECOMMENDATIONS FOR EMPLOYERS The State of Alaska and its local governments should encourage its employers to voluntarilyhire Alaska residents by assuring a positive business climate and stable x taxes to attract more private sector investment in plant and equipment and resident workers. Contracts should include preference to Alaska bidd ers, Alaska hire goals, and requirements for local advertising of employment opportunities. Favorable publicity should be given to employers who succeed in meetingAlaska hire goals an g d to those who make employment opportunities known to local residents. Negative publicity should b iv those that fail. p Y e given to Ratification Draft 4 October 20 1990 1991 Legislative Positions Kenai Peninsula Caucus PART III EDUCATION A. OPERATING EXPENDITURES 1. Constitutional Responsibilities. The Alaska State Constitution requires that the State shall establish and maintain a system of public education, open to all the children of the State. The Caucus supports the State's assumption of financial responsibility for "basic" education operating expenses. 2. Egual State Funding for Basic Education. The Legislature should establish a definition of "basic education", and establish an equitable funding formula that ensures this basic education is provided. Defining basic education is the key to development of a fair formula for state funding of education. The development of this formula should involve the municipalities or districts who must fund the local share of education. 3. focal Autonomy. Full funding should not inhibit the rights of local government to supplement state or federal funding for education purposes beyond "basic needs" or to administer local schools. 4. Forward Funding. The Caucus supports the use of "forward funding" to provide for basic education so that local governments and school districts will know how much funding will be available from the State prior to April 1 st of each year. 5. Reduction in Force of Teachers. The Caucus supports legislation that would allow local school districts to have a reduction in force of teachers when either student enrollment decreases or when funding is reduced. B . BONDED INDEBTEDNESS FOR SCHOOL CONSTRUCTION S UCTION zw- r 1. _Debt Reimbursement. The Caucus urges the State Legislature to establish a trust fund with windfall oil revenues to fully fund the school debt reimbursement program at levels provided b s under former p g p y statute e programs of municipal school construction assistance in accordance with the state s responsibilities under the Alaska Constitution. 2. Oppose Offsets. The Caucus opposes any effort by the State to reduce school debt reimbursement through deduction of interest earned on school bond proceeds. 3. School General Obligation Bonds. If the State fails to defease school debt with windfall oil revenues, the Caucus supports placing a proposition on the ballot for the next statewide general election which would enable the State of Alaska to sell its general obligation bonds to refinance all existing municipal school debt. C . SCHOOL CONSTRUCTION GRANT PROGRAM . 1. Needs Based Grant Proaram. The Caucus supports application of the new priority -based school construction grant program as established by the 1990 Legislature (Chapter 5, SLA 90). 2. Local Priorities. School construction grants should be provided for these priority (Level 2) school construction projects identified by the Kenai Peninsula Borough School District: Priority Project Description 1 Tustumena Elementary School Addition 2 West Homer Elementary School 3 Skyview Middle School Ratification Draft 5 October 20, 1990 1991 Legislative Positions Kenai Peninsula Caucus D . UNIVERSITY OF ALASKA PROGRAMS 1. Cold Water Training & Recovery School. The Caucus supports actions of the City of Kenai and the University of Alaska in locating a Cold Water Helicopter Training and Recovery School at the Kenai Airport. 2. Marine Research Facilities. The Caucus opposes use of existing funds of the University of Alaska for new marine research facilities at any location unless a comparable increase in appropriations is provided for existing facilities to preclude dilution of funding for the marine research facilities at Seward. PART IV ENERGY The remainder of the Railbelt Energy Fund should be spent for upgrading electrical transmission lines from Homer to Anchorage to improve system reliability and to mitigate future capital expenditures for additional power generation facilities consistent with the intent of prior appropriations. The Caucus opposes use of Railbelt Energy Funds for any other purpose. PART V TAXATION AND FINANCE A. STATE BUDGET 1. State O eratina� Budget. The legislature should reduce the state's operating budget, except appropriations for existing local school debt service reimbursement should be maintained at 100% of the reimbursement entitlement and appropriations for highway maintenance should be restored to levels prevailing in 1986. a. Where shared revenues are provided to local governments and school districts, the assistance should be conditional upon some degree of local sales and property tax effort. b. When reductions are made in municipal assistance, revenue sharing, school foundation assistance and other forms of local government assistance, equivalent reductions should be made in the total operating budget for state agencies. 2. State Capital Budget. The capital budget must never be less than the amount required to attract matching federal funds. The capital budget should give priority to projects which will minimize local government obligations and promote economic development. 3. Distribution of Fish Tax Revenue Sharing. The legislature is urged to change its budgeting and appropriation procedures so that raw fish tax revenues will be fully distributed in a timely manner to all eligible municipalities as provided in AS 43.75.130. Distributions to municipalities should not be limited by erroneous estimates appropriated in the State budget. 4. Excess Oil Revenues. The State legislature is encouraged to deposit "unanticipated" oil revenues into appropriate budget reserve funds. In particular, the Caucus urges the Legislature to establish a trust fund with windfall oil revenues to fully fund the school debt reimbursement program . Ratification Draft 6 October 20, 1990 1991 Legislative Positions Kenai Peninsula Caucus B. BOROUGH BUDGET 1. Multi -Year Financial Plans. The Kenai Peninsula Borough Assembly, the School District and the Borough Service Areas are encouraged to continue to adopt multi -year financial plans. These financial plans should identify service objectives and three (3) year projections of revenue and expenditures. The plans should be updated each year at the conclusion of a public hearing. 2. Budget Policy Statements. The Borough Assembly should assume a more aggressive role in guiding the annual budgetary process. Toward this objective, the Assembly should consider and adopt annual budget policy statements in January of each year. The budget policy statements should reflect principles and priorities to be used by the Mayor, the School Board and Service Area Boards in preparing budget requests for the subsequent fiscal year. 3. Local Tax Effort. As a part of the Borough's long term financial plans and annual budget policy statements, the Borough Assembly should consider and adopt guides concerning the level of local taxation. Property tax rate limitations should be encouraged on spending for schools, service areas and other general purposes. C. TAXATION, ACCOUNTING AND REPORTING REQUIREMENTS 1. Taxpayer Notification of State Assistance. The Department of Community and Regional Affairs is urged to amend its regulations so that taxpayer notification for excess municipal assistance may utilize the same notification procedures required for State Revenue Sharing, State Aid for School Construction, and State Foundation payments under AS 29.45.020. The intent is to provide all such notifications by publishing a statement in local papers. The current requirement to provide notice of excess municipal assistance with each tax statement places undue hardships on local governments. : 2. Accounting for Cigarette Tax —Revenues - The Department of Education is urged to change 4 ¢-R AAC 36.10 to permit the use of the Central Treasury concept in accounting for cigarette tax revenues for schools. 3. Motor Vehicle Taxes. The legislature is urged to amend AS 28.10.431 so that the schedule of fees for taxes on licensed vehicles collected for local governments would be approximately equivalent to the revenues that would be collected from ad valorum personal property taxes on motor vehicles. These fees have not been revised since 1978. 4. Interest on Construction Contract Retainage. The legislature is urged to exempt municipalities from the requirement to pay 10.5% interest on construction contract retainage as provided in AS 36.90.001. This interest rate has proven to be higher than investment market rates. Failure to withhold retainage provides no monetary recourse for inadequate construction. PART VI TRANSPORTATION AND PUBLIC FACILITIES A. CORRECTIONAL FACILITIES The Caucus encourages the State of Alaska to build the second half of the Seward Correctional Facilities as soon as possible. Ratification Draft 7 October 20, 1990 1991 Legislative Positions Kenai Peninsula Caucus B. ROADS AND HIGHWAYS The Alaska Legislature and theY Department of Transportation and Public Facilities should give priority to highway improvements and maintenance on roads that connect population centers, serve as school bus routes, provide access to seaports, visitor attractions and economically viable resource areas. 1. State appropriations for highway maintenance should be restored to levels prevailing in 1986. 2. The Federal Aid Highway Improvement Priorities of the Caucus are as follows: Priority Project Description 1 Kenai Spur Highway Widening (Soldotna to Kenai) 2 Seward Highway Reconstruction (MP 50 to MP 65) 3 Seward Highway /Nash Road Intersection Improvements 4 Kenai Spur Highway /Forest Drive Intersection Signalization 5 Sterling Highway Reconstruction (Anchor Point to Homer) 6 Kenai River Bridge Widening at Soldotna 7 Seward Highway Reconstruction (MP 0 to MP 36) 8 Kenai River Bridge Crossing at Funny River 9 Exit Glacier Road Reconstruction (MP 0 to MP 3.9) 10 Kalifornsky Beach Road Widening (Soldotna to Bridge Access Road) 11 Sterling Highway Reconstruction (MP 30 to MP 60) 3. The Caucus supports placing a proposition on the ballot for the next statewide general election which would enable the State of Alaska to sell its General Obligation Bonds to accelerate financing for high priority federal aid highway improvements. Debt service on these bonds should be financed from future federal highway aid appropriations and an increase in the State motor fuel tax. 4. The Borough Assembly is urged to consider an improvement for the Anchor Point River Beach Road from the Old Sterling Highway to Cook Inlet as a high priority economic development project. C . AVIATION The Department of Transportation and Public Facilities should update its Aviation System Plan to improve aviation safety at airports within the Kenai Peninsula Borough. Priority should be given to the release of Federal Aviation Trust Funds (impounded by the Reagan Administration) for installation of improved weather reporting, navigation and airport approach systems. The Airport Capital Improvement Priorities of the Caucus are as follows: Priority 2 3 4 5 6 7 8 9 Project Description Homer Runway and Taxiway Resurfacing Soldotna Runway and Taxiway Resurfacing Seward General Aviation Apron and Tie Down Area Expansion Seldovia Runway Lighting and Paving Kenai North Runway Safety Zone Clearing Kenai Runway Extension Seward Runway Extension Seldovia Runway Extension Anchor Point Airport Land Acquisition Ratification Draft 8 October 20 1990 1991 Legislative Positions Kenai Peninsula Caucus D. SOLID WASTE DISPOSAL 1. Waste Disposal Plans. The Caucus supports endeavors b the Borough y o ough Assembly to develop long range plans and to formulate Borough codes and regulations pertainingto both domestic hazardous waste disposal. est�c and po 2. Waste Disposal Facilities. The Caucus supports a legislative grant to the Kenai Peninsula Borough for the continued improvement of solid waste disposal facilities as they become identifie d and approved in the Borough's area -wide long range waste disposal plans. E . STATE HIGHWAY MAINTENANCE FACILITIES The Caucus urges the Department of Transportation to relocate its Seward and Soldotna Highway Maintenance Facilities out of their existing downtown locations. g ay F . SENIOR CITIZEN HOUSING 1. Kenai Conarggate Housing. The Caucus urges the State of Alaska to provide the remainder of financing needed for the City of Kenai to construct a Senior Citizen Congregate' ' buildinga Pioneer H Housing Facility �n lieu Of e Home on the Kenai Peninsula. 2. Soldotna Senior Center. The Caucus encourages the Legislature to make an appropriation under the provisions of AS 37.05.16 to Soldotna Senior Citizens, Inc., an Alaska non profit corporation, to provide the remainder of financing needed for a Soldotna Senior Center. G MARINE TRANSPORTATION SYSTEMS The Marine Capital Improvement Priorities of the Caucus are: 1. Federal Aid Projects: Priority 1 2 2. State Aid Projects: Priority 1 2 3 4 5 Project Description Seward Ferry Terminal and Dock Replacement Homer Ferry Dock, Staging Area and Parking Improvements Project Description Seldovia Small Boat Harbor Float Reconstruction Anchor Point Salt Water Access and Small Boat Harbor Seward Marine Industrial Center North Dock Construction Homer Small Boat Harbor Float Reconstruction Ninilchik Harbor Improvements Ratification Draft g Oc tober 20, 1990 1991 Legislative Positions Kenai Peninsula Caucus PART VII LAND USE A. AREAS MERITING SPECIAL ATTENTION Any plan for an area designated for special attention in the Kenai Peninsula Borough's Coastal Zone Management Plan should clearly provide for resource extraction, commercial and industrial land uses. It is acknowledged that these uses may destroy some habitat, but some development must be allowed in these areas for the economic well being of the Borough's inhabitants. B . DESIGNATION OF WILDERNESS AREAS The Caucus opposes any further designation of 'wilderness lands" within the Kenai Fjords National Park. C. WETLANDS LEGISLATION The Caucus opposes "no net loss" wetlands policies which would establish an absolute prohibition of any further use of wetlands in Alaska. Wetlands policies in Alaska should be governed by local zoning or coastal zone management programs. PART V 111 INTERGOVERNMENTAL RELATIONS A. BOROUGH SPECIAL SERVICE AREAS The Borough Assembly is encouraged to continue to provide the mechanism for areas of the Borough to organize as Special Service Areas when residents desire increased public services, which are not desired Borough wide. The Caucus supports local control by the Service Area Boards in the development, management and implementation of service area plans, services and projects. Service Area Boards are encouraged to establish service area property tax rate limitations, not to be exceeded unless approved by a majority of the service area's voters. B . DIFFERENTIAL TAX ZONES The Borough Assembly is encouraged to consider differential tax zones within its special service areas as a means to improve the equity of the relationship between services provided and the ad valorum property taxes for those services. C. MILITARY FACILITIES The Caucus endorses proposals made to "forward base" U.S. Navy vessels in the City of Seward and urges a timely determination that the Port of Seward is the site best suited in the State of Alaska for these purposes. The Caucus, likewise, urges the U.S. Defense Department to consider communities and airports within the Kenai Peninsula Borough for future land based activities or defense installations. D. PUBLIC EMPLOYEE LABOR RELATIONS The Caucus opposes any proposed legislation which impose binding arbitration on local governments and school districts. Ratification Draft 10 October 20, 1990 1991 Legislative Positions Kenai Peninsula Caucus E . FOREIGN TRADE ZONE The Caucus urges the Borough Economic Development District to initiate such actions as may be necessary to explore the feasibility of a Foreign Trade Zone within the Kenai Peninsula Borough. PART IX TORT REFORM The Caucus supports legislation which would enact these tort reforms: 1. Limiting Attorneys' Contingency Fees; 2. Changing the "Collateral Source Rule" so that a plaintiff could not recover twice for the same damages; and, 3. Establishing a cap of $250,000 on non -economic awards, such as those for punitive damages and pain and suffering". Ratification Draft 11 October 20, 1990 :: -7- C:5 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY OF KENAI, .; PlaintiffIV c� 8 � AC RES ) OF LAND MORE OR c • r= , LESS • ) I , WILDWOOD DEVELOPMENT ) . == ..�. �� • • o C P ANY , AND MR . POWER, ) �-- C� -`= ) Defendant. a CM fl) ) 71 `C . p1seKN- C . No. 3 8 6-14 0 6 CIO `z >, ^� �, y ORDER DIRECTING � ,� �,1< PARTIES TO E UALLY �. DIVIDE PAYMENT OF MASTER'S FEE L' CO r V r - .r.r � CU �1� -� - -� ��,� THIS Matter ' having come before the court (� this day, and the ddurt being full advised ' Y In the premises, `C --"------QQ% - IT I S HE F:� °' loges .- Icy ..omey ry OF KENAI 210 Fldalgo al, Alaska 99611 REBY ORDERED that the Master's Fee of Hayden y n Green, in the amount of $1,280900 shall be equally divided between the City of Kenai and Wildwood Develo yen t Company. DATED this066-?t day of Sept er 199 0. J Superior Court Judge CHARLES 1�. CP-V,N%5T, rJN ORDER DIRECTING PARTIES TO EQUALLY DIVIDE -MASTER'S FEE 283-3441 AX 283-3014 1 t4w, IQ 1 TO: William J. Brighton, City Manager FROM: Charles A. Brown, Finance Director 4fyQ DATE: November 2, 1990 SUBJECT: Social Security and Medicare Today, I talked with the GFOA in Washington, D.C. regarding the recently passed budget/tax bill. Based upon this conversation and a recent issue of "Nation's Cities Weekly", it appears that the bill contains the following provisions. Social Security Current status: No City employees are covered by social security. July 1, 1991 status: City employees not in PERS will be in social security, which will be 6.2% of the first $53,400 of compensation (matched by the City). Employees are generally excluded from PERS if they work less than fifteen hours per week, or they are temporary. Medicare Current status: Employees hired prior to April 1, 1986 are not covered by medicare. Employees hired on or after April 1, 1986 are in medicare, which is 1.45% of the first $51,300 of compensation (matched by the City). July 1, 1991 status: All City employees not in PERS will be in medicare, which will be 1.45 % of the first $125 , 000 of compensation (matched by the City). Apparently, this would draw into the medicare system non-PERS employees hired prior to April 1, 1986, who up until now have been excluded from medicare. Perhaps a schedule can confuse you even further. Social Security Medicare @ 6.2% @ 1.45 % Old New Old New Rule Rule Rule Rule In PERS: Hired before 4/1/86 No No No No Hired after 3/31/86 No No Yes Yes Not in PERS: Hired before 4/1/86 No Yes No Yes Hired after 3/31/86 No Yes Yes Yes William J. Brighton November 2, 1990 Page Two The City will now have some employees who are in both social security and medicare, some who are only in medicare, and some in neither. I can't think of a situation where we'd have somebody only in social security (without medicare), so I suspect that Congress will soon correct that oversight. The City has been slowly phasing in medicare since 1986, due to the hire date rule discussed above. Based upon a projected $310,000 of non-PERS compensation for FY 91-92, I think social security participation will cost the City, in all funds, about $19,000 per year. One thing is certain; it will become less advantageous to hire fourteen hour per week employees. We have done this at times to avoid PERS and save money. After July 1, 1991, we'll have to pay social security on those people, which is greater than the City's PERS rate. I'm not sure how to handle councilmembers who have elected not to be in PERS, but may have their own retirement plans at work (or may even be drawing PERS or TRS retirement). We'll deal with that issue later. 1791-1991 CITY OF KENA' 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 ME 40RANDUM TO: William J. Brighton, City Manager FROM: Charles A. Brown, Finance Director DATE: October 22, 1990 SUBJECT: Airport Lands I have been working with Kim Howard and Jack LaShot on a project to identify airport lands that are being used for general government operations. For quite a long time, many of us within the city administration have been aware that the general government is using airport lands without compensating the airport. My main purpose here is to identify the properties involved, determine the status of any land leases or purchases, and estimate the value of exposure. However, I also hope to discuss procedures relative to leasing, selling, and recording that might be useful in the future. To begin with, I suppose we should establish that the general fund should, in fact, compensate the airport for the use of airport lands. The deed of release from the federal government says that the airport lands are for support of the airport. The City has, by ordinance, created the Airport Land System Fund to record lease revenues of airport lands. The City has, by ordinance, created the Airport Land Sale Trust Fund to record sale revenues of airport lands. Lease and sale provisions of the Kenai Municipal Code (Titles 21 and 22) do not exempt public uses of airport lands from those provisions. And, finally, KMC 7.30 describes in detail some financial aspects of the airport. Therefore, the general fund should pay when it uses airport land. Now, let's look at each parcel that we've identified. Library: The library occupies Lots 3, 4, 12 and 13, Block 1, Fidalgo Commercial Center. We have found documents that show that all four lots were purchased from the airport in October, 1975 for $42,900. City Hall: The city hall building occupies Lot 11, Block 1, Fidalgo. In March, 1981, the general fund purchased Lot 11 for $12,500. The city hall parking lot on Main Street Loop occupies Lot 5, Block 1. The general fund has not purchased and is not leasing that lot. The size is 16,500 square feet and is probably worth about $41,000. Public Safety Building: The public safety building and related parking areas occupy Lots 6, 7, 8, 9, and 10, Block 1, Fidalgo. The building was constructed in 1972 and expanded in 1985. The original construction was partially financed by the FAA. Based upon records located in old construction files, it appears that the project was viewed as an airport improvement project; letters from the FAA support this. I cannot locate any evidence that shows the general fund may have purchased any of these lots. I suspect that the use (airport fire protection and airport police protection) justifies the use of the land without compensation. I won't argue against this theory; after all, the FAA helped pay for the building. Recreation Center: The recreation center and related parking areas occupy Lots 3, 4, 6 and 7, Block 3, Fidalgo. Since 1980, the general fund has been paying $5,505 per year to the airport as rent. This is based upon a September, 1980 value of $91,750. There is no formal lease agreement, and the value or rents have not been adjusted by reappraisal. Today, the four lots are probably.worth about $155,000. Senior Center: The senior center is on Lot 2, Spur Subdivision #3. The general fund purchased this lot from the airport in August, 1982 for $36,000. Last summer, the City constructed a parking lot which crossed over the lot line to the north. This summer, the City is adding to the dining room which has crossed over the lot line to the west. The lot is being replatted; the new lot will be called Lot 2A, Spur Subdivision #9. This will add about 16,000 square feet. The City is having the added footage appraised, the value of which may be $30,000. Shop/Warm Storage/Animal Control Yard: This area holds the animal control building, two warm storage buildings, the shop building, the "crew" building, the fuel pumps, and several storage areas. The size is about 477,500 square feet (about eleven acres). The general fund has been paying the airport $11,360 per year in rent for many years, at least since 1979 (the year of the oldest budget I can find). Again, no formal lease exists, and there have been no reappraisals or rent increases. The City's treatment of this property has been an issue of dispute with the FAA for many years. A letter dated in 1975 from the city manager says that the FAA is on the verge of declaring the City in non-compliance regarding use of airport lands. It appears that one warm storage building was built with airport money and the other warm storage building was built with an FAA grant. It seems that there is a mix of general fund and airport use that supports arguments similar to those used above in discussing the public safety building. E The $11,360 rent in the budget is broken down as $7,110 for the shop and animal shelter and $4,250 for warm storage. I don't know how these amounts were calculated. I also have no clue how to compute the correct payment to the airport for general fund use of this property. Softball Fields: These are the softball fields near Main Street Loop, including the agricultural test site. The size is about 17.5 acres. The general fund has not purchased the land, and it is not paying rent to the airport. The property has not been released by the FAA for lease or sale. A portion of the land is restricted due to its location in the airport clear zone. But, even so, it might be worth about $250,000. Ryans Creek/Bernie Huss Fitness Trail: This trail is on Tract D, Kenai Spur -Airport Lease Property. (Don't let the name of the subdivision fool you; the general fund has not leased it from the airport. It has not been purchased, either.) The size of the tract is 3.78 acres. The value is probably about $150,000. Leif Hansen Memorial Park: This park is on Lot 4, Spur Subdivision #4. The size is 1.932 acres. The general fund is not paying rent, and it has not purchased this property. Apparently, there are utility problems with this parcel that diminish its value. Even so, the lot may be worth about $150,000. Dust Bowl Ball Park: This park is on Lot 1 and a portion of Tract C, Baron Park No. 5. Lot 1 is 3.22 acres, and the used portion of Tract C is about 1 acre. The City has not leased or purchased the land. Lot,,1 has been released for lease or sale by the FAA. We are uncertain about the release status of Tract C. Estimated value is about $275,000. Bicentennial Building: This building will be built next year on Lot 1, Gusty Subdivision, Addition #8. The lot is currently being appraised. The size is nearly three acres, and is probably worth about $235,000. Congregate Housing: This building is to be built next year on Lot 3, Block 2, Spur Subdivision #8. The lot will be appraised soon. The size is about 1.83 acres, and is probably worth about $160,000. Fire Training Facility: This is in the proposal stage. The land has not been released by the FAA for lease or sale. If it is constructed, it will require about forty acres of land; estimated value may be $250,000. Educational Reservation: This proposal is just now coming before Council on October 17, 1990. It is to set aside ten acres of airport land for educational (the Mayor said "People Count") use. The land has not been released by the FAA for lease or sale. Estimated value may be $100,000. Summary: Below is an estimate of the general fund's exposure for rents and purchases of airport lands which the general fund is using without adequate compensation. It includes proposed uses so that we can determine future liabilities. Bear in mind that these values are only in-house estimates, not appraisals. City Hall parking lot Recreation Center, four lots Senior Center, added area Shop area Softball fields Bernie Huss Fitness Trail Hansen Memorial Park Dust Bowl Ball Park Subtotal - current liability Bicentennial Building Congregate Housing Fire Training Facility Educational Reservation Subtotal - future liability Total Recommendations: Estimated Purchase Value $ 41,000 155,000 30,000 250,000 150,000 150,000 275,000 1r051,000 235,000 160,000 250,000 100,000 745,000 1,796,000 (2) Estimated Annual Rent @ 6% $ 2,460 3,795 (1) 1,800 (2) 15,000 9,000 9,000 16,500 57,555 14,100 9,600 15,000 6,000 44,700 $ 102,255 The general fund should purchase or lease all airport lands which it uses for general government purposes. In the case of parks and ballfields, it would seem that a lease would be the best choice. In the case of buildings, I believe that purchases are best because we then pay our way now, not requiring future taxpayers to support today's decisions. Formal leases should be executed, including renegotiation clauses just like leases with third parties. Land sales should be in writing and recorded, if possible. The current method of using a simple journal entry lacks permanency. The City's attitude regarding use of airport lands should be more consistent with the obligations we have accepted as trustees and managers of the airport and airport lands. (1) Rent is excess over current annual rental paid. (2) Unable to estimate. INFORMATION LIST November 7, 1990 Kenai City Council Meeting 1. 10/17/90 "To Do" List, 2. 10/29/90 Telecopy to JJW from Rod Moore, Congressman Young's Office regarding funding of the Cold Water Recovery Facility. 3. 10/19/90 KK letters to R.Rainey, HEA regarding new street lights and unmetered street lights in the City. 4. 10/10/90 R.Underkofler letter to Mayor Gilman regarding area -wide tourism promotion in joint venture with the Borough's "Non -area wide" tourism endeavors. 5. 10/30/90 Borough Assembly Meeting Agenda., 6. Vicki Shillam Application to Appointment to Committees and Commissions. 7, Pauline M. Gross,,Council on Aging Application. 8. 10/30/90 Kenai Municipal Airport Supplemental Orders and Directives. 9. 10/29/90 HH memorandum to KK regarding burned building in Thompson Park (Shirnberg), 10. 11/7/90 Transfers of Funds Under $1,000, 11. Application and Certificate for Payment/Kenai Senior Center Dining Room Addition/Pay Estimate., 12. 11/2/90 K.Howard memo to WJB regarding Status of Current Land Sales and Lease Applications. TO DO LIST _ October 17, 1990 City Council Meeting KK: Negotiate price of multi -purpose truck with dealer. Council approved Tommy Thompson's travel to Skagway for Harbormasters convention. Change street signs and advertisement to represent no parking on city streets between midnight and 8:00 a.m. to allow for snow removal. RAE: Add into airport manual prohibition of sale of pull tabs in airport terminal. Approval for gift shop to place a ticket printer in shop. Smalley: Contact students for appointment as student representative to Parks & Recreation Commission. KO: Check on placement of gate at Oilers field. Get more information regarding National Recreation & Park Association/50 State Society, McComsey: Representative to Parks & Recreation Commission. Beautification Committee: Choose place to install wooden poles across the Spur Highway to hold banners for welcoming organizations, etc. to Kenai. CRG: Review real estate laws regarding 50 State Society concept. Review and comment on counter of Carr proposal Gottstein lease. CLF: AML Legislative Committee nomination form to Councilman Walker. Letter of appointment of Tom Murphy to Planning & Zoning Commission. Measles: Choose committee members regarding Ice Skating Rink/study feasibility. Chair 11/7/90 Council Meeting, CAB: Advise Mayor who is paying water and sewer for Kenai Merit Inn. Make available representative sample of Borough value of properties in Thompson Park for work session. } JJW: Choose representative to Cook Inlet Oil' Spill Citizens Advisory Committee. y00`���- s addition to an sums authorized to bye a � PPPiattd .3 for the Cast Guard for fiscal 199� $6,000,000'year is au. 4 thorned to bo o riattd for fiscal .199 year2 and tre ram. fermd to the Universityof AWka toa*t ' �h a Cold Voter Surviow Trailling Center in �AA,% AW r 1 . '; PISVING VESSCLS YH CAL IFORNIA & 4 DtrXHXTIOK. --ra r pu rpos*s at the applic& tion of -'sections 103(a)t 12102, 12110# and 12111 of title 46United . r � states Oadte, tQ a Ugh 11 V06601 oper4ting is water* #Vb*Ct to the JutisdictiQ of the United States oft the ccaat of the State of CAiitarnia, t tarts nC1t1:*ft of the Vftit0d States~ in eludas are a3ian I&WtUlly A fitted to the United 3t ate for permanent r an i dtncs , N%, . (b) T 41MATI . -- iS section shall terminate on tab*c I. 20000 % �u►vaaae arvu. The #,ba Of the Wis rui4 Ai"r ib�ve the hyd=�*j4t�, -ftlia daa��at �rairi� du $a Nii� hereby , sconsin, daelas `ta bar 4 nontsavi$aLbl» waterway the IInitod St^tms =�s PuzW862 of tit2. 46, tlnitorl States C 0-w®r inclu but not 21mf.td4 zQ .Lhs provisions of such tit s'+pletlnq to v68861 ins tion and v02801 1ic*n,2ur%, �d other m4sitlave of the unicpd Stags. Telecopy Trans i'ttal Form Date: /Z/ 1990 d 'Ot)/ I. 11 44 044 140-i* ---- A141101e 6, From: N.'ercttattt Marine and Fisheries Committee Minority Staff 539 House Annex 2 Washington, DC 20515 (2 0 2) 0—" --- Q :S so�? 0 (202) 226-0072 (FAX) Pages: , 2peiges are being sent, including this form. 1 kilooiPC 1791-1991 CITY OF KEN/ 1110d Cap;'I"71 44z&4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 October 19, 1990 Mr. Ron Rainey Homer Electric Association 280 Airport, Pouch 5280 Kenai, AK 99611 SUBJECT: New Street Lights Ref: City of Kenai P.O.# 30923 As mentioned many times to both you and Larry Sleight, the City of Kenai is very anxious to have the new street lights installed as soon as possible. The City of Kenai issued a P.O.## 30923 dated September 20, 1990 to HEA for 56 new street lights with a not to exceed amount of $100,000. When I gave the P.O. to Larry I explained that the Council would like to see metal poles used when possible, especially in areas where metal poles already exist. It is my understanding that HEA has already ordered the fixtures and o p les for the installation. I was told that the lights should start to be put up by the end of this month. As I have mentioned to you a few times, the City of Kenai would be willing to use some of our men and equipment to expedite these light installations. It would be good to have the underground wiring and pole bases complete before the ground is deeply p Y frozen. If there is a union problem with the Citydoing this perhaps a private electrical contractor g could do the underground or as you suggested, a HEA crew from Homer could help out. The lights on Poplar and Sycamore have top priority,followed b the other lights requiringunderground y g nd work. I know that you are tired of me the Council and Administration anything we can to help. Sincerely, Keith Kornelis Public Works Director talking to you about this, but are concerned and willing to do KK/lh 1791-1991 CITY OF KENAI .� „DEC Cafuul �i 44u4a,. 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 October 19, 1990 Mr. Ron Rainey Homer Electric Association 280 Airport, Pouch 5280 Kenai, AK 99611 SUBJECT: Existing Street Lights The City of Kenai is still very much interested in going to unmetered street lights throughout the city limits. It seems like a waste of HEA's time and the City's money to have HEA personnel read a meter for each light. Instead of paying around Y g $15 for an unmetered light the City is paying 50 cents for power and $25 for HEA to read the meter. The City would like to pay HEA an equitable amount to maintain operate, repair and deliver power to all the city street lights. The agreed upon unit rate would cover all costs associated to the lights and could be adjusted yearly to cover unexpected costs. The City presently does not have the properly trained personnel nor equipment to maintain street lights. Also, more than half of our street lights are presently unmetered which does not allow the City to work on them. The problems we have with existing street lights make both HEA and the City look bad to our citizens and your customers. We have discussed HEA taking full responsibility for the street lights many times and you were going to take a proposal to 0 p your Board. Bill Brighton and I would love to address your Board if You think it would help. We need to solve some of these street light problems and I am willing to do whatever I can. Sincerely, Keith Kornelis Public Works Director KK/lh cc: Bill Brighton City of Soldotna • 177 North Birch • Soldotna, Alaska 99669 s Phone: 262-9107 October 10,1990 Don Gilman, Mayor Kenai Peninsula Borough 144 North Binkley Street Soldotna, Alaska 99669 Re: Request for Proposals - Tourism Promotion Dear Mayor Gilman: This acknowledges receipt of your letter of September 25 inquiring whether Soldotna would be interested in making a financial contribution for area -wide tourism promotion in joint venture with the Borough's "non -area wide" tourism endeavors. No, thank you. Soldotna is already making a substantial financial contribution for "area -wide" tourism promotion. Our Visitor Information Center, whi otes tourism destinations all over the Kenai Peninsula, has an FY 91 operating budget $4Fear�ggest Appropriations for the Visitor Center were increased by $22,648 over the 1990 fiscal year, percentage increase (103%) of any operating expense category in the City's General Fund. The additional money will be used to provide staffing on a year around basis and to develop and implement a strategic plan to deliberately market Soldotna as a visitor destination. These are not just tax dollars we are spending on tourism promotion activities. The City's appropriations are subject to a 35% matching joint venture share from the Greater Soldotna Chamber of Commerce. I think the notion that the Borough can only finance "non -area wide" tourism promotion activities is ridiculous. All taxpayers in the Kenai Peninsula Borough contribute revenues to the Borough's General Fund. Why should taxpayers who operate in cities be denied benefits of Borough funding for tourism promotion? Therefore, it is my suggestion that whatever the Borough does to undertake tourism promotion should be generic and oriented to provide benefit for all of the Borough, rather than just for those outside cities. Sincerely, Richard Underko City Manager c c : "Bill Brighton, City' of Kenai C. E. 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C Woo►h artf�tra < ft Oa to =O Ga w n c r- �- �. f i- tv n n En = � - a a rt r* ft -- O n = O %D rtn Oct=�N-00 on5oa 0 m m rto OO�om tr 0Oaa x onbm a h = w w n P%ft n 0 as r rt -0 0 rt m aa n n 0 0-0P%0-4". CITY OF KENAI ell 0 w Od eapdai 4 1 210 FIDALGO KENAI, ALASKA 996 _ TELEPHONE 283 - 753.5,, ? 3 O's)J. , OCT f r't ^ t� :�.� L.L.i\c] i CITY OF KENAI�;� ti BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Resident of City of Kenai?---I-/(fZ How long? Mailing Address -/`; �, � pX/,r'S /r Tel Bus. Address l�Q �j��al-�-� s� �Nd/ Tel. Presently employed by,� Job Name of Spouse Title Current membership in organizations: C-�652Zt�1�P� � G�a/N�vJeree.-�Na/, /-J/ks Ile_ j �ag%s a,9ssac �as�.�asters Past organizational membership: 6W5 /N!�15s ve �nn �e ss Larva �e 4 ra /co"o M r1e s Committees interested in: 'PIONN //V (: 7 VL 2 6 Al /A/ Signature C CITY OF KENAI v KF.NAT CFNTIIR cvux7Tri5-lc! ••_ •••�—� •+..+� ..... viva i1L1�L11� L1LnIJl�L7 a7a7V11 (907) 283-4156 COUNCIL ON AGING APPLICATION NAME MAILING ADDRESS RESIDENCE ADDRE P.HONE������5 y 4,., / U NAME OF SPOUSE�- CURRENT MEMBERSHIP IN ORGANIZATIONS: MY CURRENT INVOLVEMENT AT THE CENTER: WOULD YOU BE WILLING T6 OFFER ASSISTANCE IN VOLUNTEERNACTIVITIES AT THE CENTER? MY INTEREST IN ECOMING A MEMBER OF THE ADVISORY BOARD CAME ABOUT BECAUSE, — G 4IGNATURE DATE ry i r t f i l �b KENAI MUNICIPAL AIRPORT SUPPLEMENTAL ORDERS AND DIRECTIVES (Revised October 30, 1990) The following are supplemental orders and directives to airport employees whichmay or may not be specifically mentioned in the airport regulations: 1. Drivers of motor vehicles used by the air carriers to pick-up or deliver freight in front of the terminal or other authorized uses shall: a. Close the gates through which they have entered or departed the airport operations area; b. Drive within the designated vehicular lane; c . Drive 15 MPH on the ramp and 10 MPH in front of the j terminal building; d. Give right-of-way to all aircraft, passengers, and emergency vehicles; e . Turn on the vehicle's emergency flasher lights when operating on the terminal ramp (day or night; f . Not block passenger gates, overhead freight doors to the terminal or emergency entrances to the airport; g. Not back up into freight door openings to load or unload freight or drive the vehicle into the freight area. Only tugs and forklifts of the proper size are allowed to drive into the freight area. h . Not store flammable liquids or equipment inside the terminal building. 2 . Freight handling personnel using a push type freight cart shall: a. Push the cart on the ramp area and not between the terminal building and the pillars supporting the roof canopy. b. Push the cart into the freight areas via the overhead doors and not through the man doors. c . Not use these carts inside the passenger terminal at anytime. -1- f 3. When large amounts of freight are being picked up or delivered to the airport, the freight should be moved through the north overhead door of the baggage build-up area. The parties picking Up or delivering this freight should remain outside the fence and move the freight through the gates provided. If the gates are obstructed by snow or some other obstacle, a request should be made to the Airport Manager for an alternate method of delivery or pick-up. 4. Do not block the vehicular traffic lane with freight carts, power start carts or vehicles. 54, Waste water from the water faucet in the baggage build-up area should be emptied along the fence line at the north of terminal building. 6. Overhead doors should be closed immediately after every use during summer and winter operations. 7. One radio will be allowed in the baggage build-up area but the volume will be set at a low level. 8. Do not set_ pop cans, coffee cups or any containers of liquid on top of any electrical or telephone junction boxes. 9. Do not refuel any vehicle or heating unit inside the terminal building. 10, Unplug or turn off all power carts when storing them inside the terminal. 11. There will be no sales of pull tabs at the Airport by concessionaires or other parties. RAE/kh WP5I\RANDY\DIRECTIVES.SUP -2- / 41AOOOO ;;& q - cou AvcI.c. ��/y�90 1791-1991 CITY OF KENAI 14 44u4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 263 - 7535 FAX 907-283-3014 MEMORANDUM TO: Keith Kornelis, P.W. Director FROM: Howard Hackney, Building Official/q//___ DATE: October 29, 1990 SUBJECT: Thompson Park You inquired about the status of the burned out building on Lot 6, Block31 Thompson Park Subdivision, known as the Shir nberg building. I have written you memorandums concerning' this building on October 30, 1989, and December 4, 1989, a copy of both is attached. It became apparent this year that the owner would not sec ure the building and that the Cit y Council did not want to abate the building under KMC 12.10.010(m) and KMC 12.10.020. Therefore, on September 28, 1990 I sent a Notice an d Order of Abatement to the owners according to the Uniform Cod e for the Abatement of Dangerous Buildings. Under this code we a s to respond re required to give them 60 days pond which will be November 27, 1990. As of this date we have not heard from the owners. HH/kv P 1791-1991 CITY OF KENAI 0 Oapdatl. 4 .__ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 - MEMORANDUM -- TO: Keith Kornelis, P.W. Director FROM:% Howard Hackney, BuildingInspector p for DATE: October 30, 1989 SUBJECT: -Lot 6 Block-3j, Thompson Park f I checked the house on this lot on October 24 1989. All of windows in the . the day light basement part of the househave broken been - out and the back door to the garage is s tandin g open. the tracks in the From snow, there have been kids la building. playing in the -=.. I talked to the owner and told him the condition of the house, said he He would et it boarded g arded up. If it is boarded up there is action the City can take ' no ,. ��'-=-•;.i under the BuildingCode - ! _ • 1� 11 -iV _ - • ~ ! WOM - Ar I• 1791-1991 CITY OF KENA1, 110d Caf ;J"71 444u4a 210 FIDALGO KENA19 ALASKA 99611 TELEPHONE 283 4535 FAX 907-283-3014 MEMORANDUM Is T040 Keith Kornelis, Public Works Director City of Kenai FROM:- Howard Hackney, Building Official City of Kenai DATE: December 4, 1989 RE.: Lot 6, Block 3, Thompson Park Subdivision sent you a memorandum on October 30, 1989 concerning the house on the above -reference property. I told you that all of the windows in the daylight basement part of the house were broken out and that the back door to the garage was open. I told you I had talked to the owner and that he had said he would get the house boarded up. I checked the house again on December 4, 1989. Nothing has been done. This is a very dangerous building and is definitely an attractive nuisance to children playing in the area. I took two dangerous buildings in Old Town through the procedure under the Uniform Code for the Abatement of Dangerous Buildings. When it came time to have the buildings torn down, the Council decided not to act and referred the matters to the City Attorney. Council may want to abate this building under KMC 12.10.010(m) and KMC 12.10.0200 HH/clf O 01 OIN r-� w N > Lrl zo N rot,',: L.M) Name ' a 4 L J C r L I) C v Lin 4 O c� co C t� Im v Q� O O () V •� �..� 41 b 0 cd W O r 4J •r-4 v cn 0 Wcnrn ro •� p 0 cnU4-4 O O p OH O • 4-J QU cd p O p cb U� O x u � o A • O 0 � • � cn cn � � o �, CD •� 4 ao U) cli w . • O •r�-I co CO 4-1 Ell HI v cc P � H 41 co �1 I v O Cd 4-J �4 a0 w P4u O r-I Cd Cd N u w 4.J •r4 :1 4J 0 Cd O a O A pq pq 00 rn o� N 0�, A O O r-4 r—i 4. WT C: �1 z z mod Fm t wi4 1:0M 0 1 1 O 0 0 Q. fd � •C C Z -%.,ONO - ,Vr t w pop Ld z e y Z � 0 0 fj -0- io 7777-- t c1l) ; V C= • c� �tz c OC ~ ~ cwhow •=7 V CL w ' p r < T A > ? `� z Eph- u y 1 z , a � .r: ? �'• � 0 tSp a an15LE, ry .Y m A O • IV to •.. O f� 0 G�Ll .r 0 V ti 1. •- �•. V OM 0 `. 4d r • WPM .i �• A r r oz two — « « '_� � Are INO t •"' ' ~ z %A = :4 6W - •r c ab ■, /"► qhw iM y •s low Pr '; •� _ i .� .r m "W• . V ou .•. w oz r A .-<„ •u w 1••M vi ,J On r w 66 rr � ^ w _ = 7 v v � � V py _ J hn LJ w � M 1•• Jo C?w form A -'"mJ r w Zo • - X-1 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Kim Howard, Administrative Assistant VjV DATE: November 2, 1990 RE: Status of Current Land Sales and Lease Applications Sales Arness - Tract B Peterson Subdivision Addition 1 (General Fund Land) Planning and Zoning postponed action until their November 14 meeting. I expect an ordinance, finding the land is not required for a public purpose, to be brought before the Council for introduction at their November 21 meeting. The public hearing would be December 5, and at that time, a resolution will be brought before the Council to ask for the negotiation of the sale based on KMC 22.059075. The plat needs to be finalized. Bicentennial Tract - Lot 1, Gusty Subdivision No. S(Airport . Land) The plat needs to be finalized. The sale from the Airport Land System to the General Fund is pending the Bookey lease which is explained below. Craycroft - Lot 2B, Baron Park Sub. #2 (Airport Land) We have received the appraisal, Mr. Craycroft concurs, and we are waiting for the F.A.A.'s concurrence. To be sold by negotiated sale. Kline - Lots 3 & 4, Block 2, F.B.O. Subdivision (Airport Land The F.A.A. did not concur in the value established in the appraisal. The appraiser addressed the F.A.A.'s concerns in a letter and revised the appraisal. The letter and revisions were sent to the F.A.A. this week. The property will be sold by negotiated sale. Kline - Lot 9, Block 2. F.B.O. Subdivision No. 4(Airport Land. ) We are waiting on the final plat from the surveyor. It then will be submitted to the F.A.A. and we expect they will grant a deed of release. Whether it should be retained for public purpose will go to Planning and Zoning and possibly before Parks and Recreation. An ordinance will go before Council determining whether it can be sold. If passed, the land will be sold by competitive bid. 11 Senior Center, dining room expansion & parking lot (Airport Land) The appraisal has been sent to the F.A.A. for their concurrence. Leases Bookey - Lot 2, Gusty Subdivision Addition No. 8 (Airport Land) I haven't received a lease application yet. He told me he is working on it, but was going to be out of town for awhile. Cary is reviewing a litigation report we ordered on the lot we plan on getting an easement for. When that is obtained, the plat can be finalized. Carr Gottstein - Tracts B-1 & B-2, C.I.I.A.P. No. 4 (Airport Land) They should sign the new lease by November 8. Grace Drilling Co. - Lots 10, 11112 & 13, Block 1, C.I.I.A.P. (Airport Land) Cary is reviewing the draft lease. I had some questions regarding changes to the standard lease form. I hope to send it to Grace Drilling for signature next week. /kh 11-3 Sadie Hawkins Day is widely observed in US. Tradition established in "Lill Abner" comic strip in 1930's by cartoonist Al Capp. 11-8 X-ray invented by Wilhelm C. Roentgen who was studying cathode rays and discovered -the method of x-raying. 11-12 Children's Book Week offers us an opportunity to celebrate the wonderful world of books and reading. 11-15 Great American Smokeout is designed to encourage smokers to stop their habit for at least 24 hoUrs" Stress the dangers of this habit to your children! 11-18 HAPPY 62ND BIRTHDAY TO MICKEY MOUSE.'.' 11-22 HAPPY THANKSGIVING TO ALL OF OUR PATRONS" WE ARE THANKFUL FOR YOUR FRIENDSHIP AND PATRONAGE. 11-23 Great Alaska Shootout begins today. Top NCAA basketball action as eight men's division I teams from around the country compete. 11_26 Celebration of the discovery of King Tut's Tomb in 1922. Read ` about Tutankhamen -^ Tomb of Tutankhamen 913.32 CAR, Tutankhamen 932.01 / MacQ, Treasures of Tutankhamen 739.27 EDW, Tutankhamen, Untold Story 932 'HOV. -LIBRARY HOURS: M-_HURS. 8:30 - 8:00 F-SAT. 8u30 - 5:00 Kenai Community Library, 163 Main Street Locip, Kenai, Alaska 99611 W G h T th (e at er oge . er a a z a r t� v�+ 1-) . & o--f- T 00 FAO 4-• 00*0 X7 07 Xn X7x7 17 iF ? as r .a U) _ prom a 419 T C: = r+ - C x'-+ a r-• n _ Ap r. %0 o _. C C 7 H 3 w 11 f3 BOWL• H ip & H * Ul -•+44 n 7 ri+t+LO -4mc--9-.-. 0 OMOOI � 0+•0 7 T? * 0 0 OM,+tf• x %C &C v. X3 7 x A40-+a aa-c-c)a cn O N kC -�� a 1+ F3 -4c H �'�j (� 0 3 7 0 Z# m r 7 O 0 V r• ti o(T 0) F-� z o v-• d MOO p 1 34 ki w OD N� -•Gi"a a f 7 C-'� +b 30,w 47 � 7CC? � Cn I+•C? W � 4=0 a , Ja -4CL& 006 C F-'3 r•rr= icr r~ O H qar 'F H O _.r. a -h 'n7 -h bd 0 fi tt 0 u H m r�0i .� i? 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Viall Kim Clarion J.LaShot Commissions Chamber Airport ✓ Assembly Aging Animal Control_,.,:,� A A A Dock (Season) Library-.,:L.� STP Harbor Legal Sec._ . Pks & Rec. ✓ KCSY KSRM P&Z 4-� DELIVER Council Packets to Fire Department Clarion Packet to the Clarion with published agenda prior to 5:00 p.m.