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.
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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
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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
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(10/23/90)
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1791-1991
CITY OF KENAI
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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.
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� 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)
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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.
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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)
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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:
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10/29/90
JOHN J. WILLIAMS, MAYOR
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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
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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:
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Pictures of Bobcat loaders may show other than standard equipment.
31
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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
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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)
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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)
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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
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WEIITEGINC
WHITEGMC Of ALASKA •
A division of 7?a1hr crrrr
DETAILED DESCRIPTION OF WORK TO BE AID . PRICE
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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
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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
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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
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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
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r=
,
LESS • )
I , WILDWOOD DEVELOPMENT )
.
==
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o
C P ANY ,
AND MR . POWER, )
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Defendant.
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71
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.
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. Swackhammer, City of Homer
Darryl Schaefermeyer, City of Seward
Gerald Willard, City of Seldovia
Kathy Clark, Soldotna Chamber of Commerce
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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
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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
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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
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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 _
-
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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
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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
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COUNCIL PACKET DISTRIBUTION
DATE: /// /02If )
Mayor and Council
Fire Department
Police Department
Senior Center
Library Vol'
Parks & Rec.
AGENDA DISTRIBUTION
Borough Clerk
Anchorage Times
Public Wks. Sec. L/
Public Wks. Shop ✓
Bldg. Maintenance
Bldg. Official
Streets
Anchorage News V/
Bulletin Board
Attorney
City Manager 1//
Finance ''�
Public Works
Airport y-
Clerk &---
K. 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.