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HomeMy WebLinkAbout1991-05-01 Council PacketKenai City Council Meeting Packet May 1, 1991 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 1p 1991 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. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Resolution No. 91-20 - Ratifying Amendments to the Airport Regulations. 2. Resolution No. 91-21 - Transferring $4,600.00 in the General Fund for Purchase of a Microform Reader/Printer. 3. Resolution No. 91-22 - Requesting the Division of Parks and Outdoor Recreation to Consider Payment of City of Kenai Sales Tax to Qualify for Kenai River Guiding Experience. 4. Resolution No. 91-23 - Awarding a Contract to Craig Taylor Equipment for a Turf Mower in the Amount of $34,390.00. 5. Ordinance No. 1428-91 - Amending the Kenai Municipal Code, Title 2, Chapter 15, Entitled "Conformity to State Liquor Laws" and Chapter 20, Entitled "Sales on Election Day." 6. Ordinance No. 1430-91 - Increasing Estimated Revenues and appropriations by $1,400 in the General Fund for Library Books. -1- 7. a. *Transfer of Liquor License - Mr. D's, from King Oscar's, Inc. to Kenai Mountain, Inc., Beverage Dispensary - Tourism, Same Location. b. *Restaurant Designation Application - Mr. D's - Beverage Dispensary. 8. *1991 Games of Chance and Contests of Skill - Alaskan AIDS Assistance Association. 9. 1991 Liquor License Renewal - Little Ski Mo Drive Inn - Restaurant/Eating Place. 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 April 17, 1991. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1431-91 - Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part -Time Employees. 4. *Ordinance No. 1432-91 - Amending KMC 23.55.040(a) by Increasing the Uniform Allowance for Employees in the Animal Control Department to $500 Per Year. -2- 5. *Ordinance No. 1433-91 - Amending KMC 23.50.010(c) and (d) by Adding New Job Classifications Entitled "Battalion Chief" and "Animal Control Officer." 6. *Ordinance No. 1434-91 - Increasing Estimated Revenues and Appropriations by $254,545 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. 7. *Ordinance No. 1435-91 - Adding a New Chapter to the Municipal Code Providing for a Hotel/Motel Room Tax. 8. Discussion - Forest Drive Park 9. Discussion - Land Exchange - Lot 8, Block 1, Etolin Subdivision No. 3 for Lots 1 & 2, Block 1, CIIAP. 10. Discussion - Set Board of Adjustment Hearing Date, Time and Place/Thomas and Kathryn Tomrdle. 11. Approval - Vacation of 20' Utility Easement/Centered on Lot Line Common to Lots 5 and 6, Dragseth Subdivision, Sec. 7, TSN, R11W, S.M., Alaska, City of Kenai/Requested by Marvin Dragseth. 12. Approval - Vacation of 66' Section Line Easement Centered on Line Common to Sections 7 and 18, TSN, R11W, S.M., Kenai Recording District, AK/Requested by Mary Ellen Israelson and Frederick Duthweiler. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION R. 1. Citizens (five minutes) 2. Council -3- MAYOR'S REPORT MAY 1, 1991 COUNCIL MEETING CHANGES TO THE AGENDA ADD: ADD: C-9, 1991 Liquor License Renewal - Little Ski Mo - 4/30/91 KPB Letter of Protest. ADD: Information Items: 7. 4/30/91 JJW letter to Rep. Phillips. 8. 4/30/91 JJW letter to Rep. Navarre. 9. _ 4/30/91 JJW letter to Sen. Fischer. 10. 4/30/91 JJW letter to Sen. Kerttula. 11. 4/30/91 JJW letter to Sen. Pourchot. CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT DISCUSSION 1. Executive Session to discuss City Attorney, City Manager, and City Clerk salaries. INFORMATION LIST 1. 4/17/91 Council Meeting "To Do" List. 2. 4/91, Rep. D. Young letter. 3. 4/24/91 KBVCB memorandum regarding Response from Industry for Funding Assistance. 4. 4/23/91 Ashley Reed & Associates memorandum to Wm.J. Brighton regarding Budget Report. 5. 4/15/91 T.D. Barter, State DOT, regarding Kenai Spur Road/Forest Drive Signalization. 6. 5/1/91 City of Kenai Transfers of Funds Under $1,000. BENINESE, 11111111 1-1 W W o c zoo N N i cu 5- v ju v-E a r°n u U w O _ O �U a� ��, O a4 0 A+ U ^� cZ Cd F' vi cad to U O ui O OO+ 'O �«. �0 +, bA W 1 () .� Q �1 4-1 Qi M v M LU, O M O .M uio �� Q CLi V2 Q U OV Q U +� 0 Z Q Qi Q �i 'b 0 Q O Cd O a� u boo ago w w w w w w w mow,: o0 CL 0 Pet CD 'CID r CD C; O O O 0 04 c� 7�d C V It G a, 0►G co C!R Q A CD O O A). O ( w O It �t (� (� O ►� o D m p' CPA m o � p ° ° fD b m o ~' CD w • rF o W. c c r • CD cp rL in. (1) ;.1 0 C- / Suggested by: City Manager and Airport Manager City of Kenai RESOLUTION NO. 91-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA RATIFYING AMENDMENTS TO THE AIRPORT REGULATIONS. WHEREAS, the City Council has agreed in principle to the establishment of pay long-term parking at the Kenai Municipal Airport, and WHEREAS, the Airport Regulations should be amended to reflect the authority to create pay parking, and WHEREAS, other provisions of the Airport Regulations refer to obsolete citations and other provisions are needlessly specific, which should be updated, and WHEREAS, the City Manager, in accordance with KMC 21.05.030, has approved these amendments to the Airport Regulations. 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. Amendment #1: Section 1.05.010(a) is amended as follows: 1.05.010 Authority: (a) Under the authority granted in [29.48.030, (1972)] Alaska Statutes, and pursuant to the provisions of Ordinance 48, Section 4, and KMC 21.05.030 of the Code of Ordinances of the City of Kenai, the following regulations are hereby promulgated governing the conduct of all persons visiting or using the facilities of the Kenai Airport and all vehicles, structures, property and aircraft on the premises. The penalty for violation of any Airport Regulations shall be as prescribed in the Kenai Code of Ordinances, unless otherwise provided herein. Amendment #2: Section 6.05.010 is amended as follows: 6.05.010 Motor Vehicle Parking: (a) No person shall park a motor vehicle in an area designed for moving traffic. Vehicles so parked shall be subject to impound. (Ord. 461) (b) No person shall park a motor vehicle on the ramp without [WRITTEN] permission of the Airport Manager. Vehicles [SO] improperly parked shall be subject to impound. (Ord. 461) Resolution No. 91-20 Page Two (c) No person shall park a vehicle on Airport Drive, Terminal Loop. The only exception to this is in the areas marked for "Loading Only" and the spaces marked for "Handicapped." The loading only area on the Terminal side of the loop is restricted to private vehicle[S] parking for periods of time as designated by the Airport Manager. The loading only area on the parking lot side of the loop is restricted to public transportation and commercial vehicles [(E.G., BUSES AND TAXIS ONLY)]. Parking for loading only for both private and public transportation vehicles and parking for the handicapped shall be permitted between the hours of [6:00] 5:00 a.m. and [10:00 p.m.] 3:00 a.m. Parking for loading only is defined as an attended or occupied motor vehicle. Vehicles in violation of this section shall be subject to impound. (Ord. 461) Amendment #3: Section 6.05.020 is amended as follows: 6.05.020 Short Term Parking Area: [THE PARKING AREA ENCOMPASSED BY WILLOW STREET AND THE AIRPORT DRIVE TERMINAL LOOP IS DESIGNATED A SHORT-TERM PARKING AREA.] The Airport Manager shall designate an area or areas for short-term vehicle parking. Parking is permitted in this areal from [6:00] 5:00 a.m. to [2:00] 3:00 a.m. [FOR A PERIOD NOT TO EXCEED EIGHT HOURS IN DURATION. THE ONLY EXCEPTIONS TO THIS RULE ARE PERMITTED BY THE RENTAL CAR AGENCIES WHICH MAY PART THEIR RENTAL CARS ON A TWENTY-FOUR HOUR BASIS IN THOSE AREAS IDENTIFIED BY APPROPRIATE SIGNS. RENTAL CARS IMPROPERLY PARKED, E.G., NOT IN THEIR ASSIGNED AGENCY AREA, AND ALL OTHER CARS IN THIS LOT BETWEEN 2:00 A.M. AND 6:00 A.M. ARE SUBJECT TO IMPOUND.] All improperly parked cars are subject to impound. (Ord. 461) Amendment #4: Section 6.05.030 is amended as follows: 6.05.030 Limited Long -Term Parking: [THE PARKING AREAS ADJACENT TO AND NORTH AND SOUTH OF THE SHORT-TERM PARKING AREA DESCRIBED IN AIRPORT REGULATIONS 5.030 IS DESIGNATED AS A LIMITED LONG-TERM PARKING AREA.] The Airport Manager shall designate an area or areas for long-term vehicle parking. Parking is permitted only in those areas, and only on those conditions as are set forth at the designated entrances and within said parking areas. Any vehicle or property within the long-term parking areas [DESCRIBED HEREIN] for a continuous thirty - day period or within said area contrary to the terms or conditions of use as stated herein, or as posted by the Resolution 91-20 Page Three aforementioned signs, shall be subject to impound pursuant to KMC 12.25.040. The Airport Manager, with concurrence of the City Manager, may establish a pay parking system in the long-term vehicle parking areas. (Ord. 879) Amendment #5: Section 6.05.060(b) is amended as follows: (b) Aircraft in violation of Section 6.05.060 may be impounded at the discretion of the Airport Manager. Impoundment may be accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for impoundment purposes. Inconvenience or damage that may result from such movement will be at the risk of the owner. (Ords. 316, 461) Amendment #6: Section 7.05.020 is amended as follows: 7.05.020 Transient Aircraft Failure to Register: Transient aircraft owners or operators utilizing an area designated by the Airport Manager who fail to register their aircraft with the Airport Manager's Office upon arrival shall be charged with improper parking and the aircraft shall be subject to impoundment in accordance with Sections 6.05.060 and 6.05.070. Aircraft whose owners or operators fail to pay transient parking fees upon departure from the Airport shall be subject to impoundment if they use Airport facilities in the future. (Ord. 365) 9 * 9N n4l. I AW i HI BICENTENNIAL VM�%ea&aF t=ejo mdta�u!t/�reI .114YCO) ;;.I1i1�Ti TO: William J. Brighton, City Manager FROM: Charles A. Brown, Finance Director DATE: April 23, 1991 SUBJECT: Airport Regulations CITY OF KENAI Cap�e� 4 4Za,4a.,-, / 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 In February of this year, the City Council accepted the concept of pay parking in the long-term vehicle parking lot(s) of the Airport. Randy and I believe that the Airport Regulations should be amended to clearly establish the authority for a pay parking system. Initially, that is all we set out to do. But, as we reviewed the regulations, we noted other problems that could be fixed at the same time. The attached resolution should be sufficient to describe what we are doing; this memo explains why. Amendment #1 The Alaska Statute reference is wrong and is being deleted. Also, it. seemed like a good place to slip in the KMC reference allowing for amendments to the regulations. Amendment #2 Randy doesn't believe that written permission should be required to park on the ramp; oral permission should be enough. The next change is only a clarification (the old language seems to say that if one gets permission, we'll tow your car anyway). The third change allows the Airport Manager to designate a short time (say, twenty minutes) for the loading zone in front of the Terminal. The fourth change adds commercial vehicles and eliminates the examples. The final change lengthens hours of use of the loading zones. William J. Brighton April 23, 1991 Page Two Amendment #3 What we are doing here is eliminating the specificity in naming the short-term parking area. The Airport Manager can designate an area. In fact, the area described in the current regulations is wrong. Amendment #4 Here, we are eliminating the exact descriptions of long-term parking areas. And, once again, the current descriptions are wrong anyway. The Airport Manager can designate these areas. This is also where we state the authority to establish the pay parking system. Randy and I considered putting the rate in the regulations, but decided against it. I think we can assume that the councilmembers will know what the rate is. They'll no doubt use the lot from time -to -time. I have a hunch that if the rate is too high, they'll let us know. Amendment #5 and #6 These correct errors in citations to other sections of the regulations. Suggested By: Clerk CITY OF KENAI RESOLUTION 91-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $4,600.00 IN THE GENERAL FUND FOR PURCHASE OF A MICROFORM READER/PRINTER. WHEREAS, the Microfilm Reader in the Clerk's Office is old and vexatious and needs to be replaced; and, WHEREAS, the Microform Reader/Printer would allow reading of microfiche, as well as microfilm, and new technology allows regular copy paper to be used which eliminates the constant jamming and poor quality, brittle copies experienced from the present reader; and, WHEREAS, there are funds available in the Professional Services Clerk's 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: Clerk - Professional Services $4,600.00 To: Clerk - Machinery and Equipment $4,600.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the first day of May, 1991. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Approved by Finance: e -71q- (4/25/91) t.4'7 H34*Y CAhfIER GI'WAN(I" FO[:;Vl iVIOn April 24, 1991 Carol Freas City of WAnAi 210 Fidalgo St Kenai Alaska 99611 Dear Ms Freas, Thank you for your interest in our MC1000 Reader Printer. The Mrinnn ie a r+lain paper ropior with dual long, dual carrier, manual image rotntion and is a bi-model (prints From jinx i.F i trta nr nagntivo riche) unit. The prioo of thin unit is: MC1000 Reader Printer 3299.00 Tm=tal 1 at4 air► 90 - 00 Motorized Roll Film 1075.00 Shipping 100.00 Total: 4523.00 1r you nave any further qusetiona ploaoo feel free to give me a call. Thank you very MUCK. sin erely, Annetta Turk Career Ouidaiw;e rQuitaal.luji 117n11 � r�1'r+/il l+l;(V 111 f Shcf r117 ti'h�x+ kJr•t rater llrxlrl errlr lln;4�a l.erA/r+l!!!rr 'lull ri!',+ >rirLritljl 11r Lr!/!/hr,rlrr �ti"ur! >>ri.7.1'll MI/ Fri-41 MOO. 8*5-).lb?D LkKHR 1, DALNCL F01L­.\*DA'n0ti VAX COVER SHEET PLEASE DELIVER THESE TEL•ECOPIED PAGF..S TMMFnTDTF.T.V TO: C/ol PHONE #: MOM. C�4� ►'�'--' i 't K N' mmrT2 or Pxe;r,.s To F�LL7W 1+ (L':CCLiJ17Ir7�i CVVZR pAcix) AvrCTAL MOTES: Ol!r{\ti.(iYLY, IF YOU DO NOT RECEIVE ANY OF THE PAGES PROPERLY, PLEASE ofA T.T. (�-1e) AS sr••-. rT As p'70--xz; ' WHEN SENDING TELECOPIES TO THIS OFFICE YOU MAY USE: PACTEL FAXTEL 6000 (619) 278-8960 THANK YOU PERSON TRANSMITTING A nll)l/pmjil nrgurrir[lliem irrr)nr., rom,.! ".u, rr: n. c'.rljl,.+�,.r9�lJJ GJ9.:GO.y05J l,�C,Itfo�ri.�bY)U.>iG.',9J 7"WA-01.800.YS-0 J� i •li tab:6 1661'bZ'b W021j c - 5 Suggested By: Mayor Williams CITY OF KENAI RESOLUTION 91-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE DIVISION OF PARKS AND OUTDOOR RECREATION TO CONSIDER PAYMENT OF CITY OF KENAI SALES TAX TO QUALIFY FOR KENAI RIVER GUIDING EXPERIENCE. WHEREAS, the State of Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation, has proposed regulations to limit the number of professional guides on the Kenai River and Kenai River guiding experience is one of the criteria used to determine who qualifies for guide permits; and, WHEREAS, The City of Kenai levies a three percent (3%) consumer sales tax on all retail sales and on all services made or rendered within the City, pursuant to Kenai Peninsula Borough Code, Chapter 5.18, requiring sales be reported to the Borough; and, WHEREAS, all funds collected pursuant to Chapter 5.18, are City monies and are important to the financial well-being of the City and its ability to provide financial assistance for Kenai River related projects, such as maintenance and operation of Cunningham Park, and the City small boat ramp; and, WHEREAS, the Kenai Peninsula Borough maintains records of sales tax returns for a period of six years, and such records are available to the seller of services. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1: The Council of the City of Kenai urges the State of Alaska, Department of Natural Resources, Division of Parks and Outdoor Recreation, to require records of sales tax payments to the Borough for those years of Kenai River commercial guiding experience, be used to qualify for guide permits issued by the Division. Section 2: That a copy of this resolution be sent tor. Neil C. Johannsen, Director, Division of Parks and Outdoor Recreation. Page 1 of 2 Resolution 91-22 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the first day of May, 1991. ATTEST: Carol L. Freas, City Clerk Approved by Finance: (4/25/91) John J. Williams, Mayor Page 2 of 2 c-� Suggested by: Public CITY OF KENAI RESOLUTION NO. 91-23 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO CRAIG TAYLOR EQUIPMENT, FOR A TURF MOWER, WHEREAS, the following bids were received on April 25, 1991 for the above referenced project: BIDDER BASIC BID Totem Equipment & Supply $33,400.00 Craig Taylor Equipment 34,390.00 WHEREAS, the Totem Equipment and Supply bid does not adequately meet the specifications, and WHEREAS, the recommendation from the Parks & Recreation Department, the Public Works Department and the Shop Foreman is to award the -- contract to Craig Taylor Equipment for the basic bid, in the amount of $34,390.00, and WHEREAS, the Council of the City of Kenai has determined that Craig Taylor Equipment's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the Turf Mower be awarded to Craig Taylor for the total construction amount of $34,390.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of May , 1991 JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: April 25, 1991 TO: Whom It May Concern REF: Mower Purchase Justification In reference to the bid proposal for a "Turf Mower", I have gone over the specifications and would like to recommend that the bid be awarded to Craig Taylor Equipment (although they were not low bidder) for some of the following reasons: As the city proper, we have used machinery and continue to use equipment that has been purchased from Craig Taylor. They supply us parts for the Kubota tractor and all of it's accessories. They also provide us with excellent parts service and warranty service as the need arises. We have several pieces of John Deere equipment and they have always been more than cooperative in obtaining parts in emergencies and taking care of any warranty problems that may arise. The opposing bid states that they have smaller tires and wheels which allows for only 5 inches of ground clearance versus 7 inches. The fuel capacity is 9.3 gallons versus 15.0 gallons. Engine cubic inch displacement is 1.6 litre versus 1.8 litre. Four wheel drive in our application is really of no particular use. Most of our ground is flat with no hills to work around or over. The John Deere unit is built on a proven chassis that has been used for years as a regular type farm tractor and is classified as a high hour workhorse. This mower tractor will be driven many miles during the summer months to and from the different cutting locations and the larger tires, higher ground clearance, and faster ground speed will facilitate getting the job done quicker and easier. Please consider parts availability and warranty care for the machine. Suggested By: Administration CITY OF KENAI ORDINANCE NO. 1428-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, TITLE 2, CHAPTER 15, ENTITLED "CONFORMITY TO STATE LIQUOR LAWS" AND CHAPTER 20, ENTITLED "SALES ON ELECTION DAY." WHEREAS, the Kenai Municipal Code incorporates the Alaska Statutes into its body to define the restrictions on sale or disposition of liquor, purchase by minors, etc.; and, WHEREAS, the Alaska Statutes have been amended since their original incorporation into the Kenai Municipal Code; and, WHEREAS, the Kenai Municipal Code requires amendment to conform with the Alaska Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code, Title 2, Chapter 15, Entitled "Conformity to State Liquor Laws" and Chapter 20, entitled, "Sales on Election Day" be amended as set forth below. Section 1• 2.15.010 Incorporation of State Statutes: Incorporated as though set forth in full herein, are the following quoted provisions of the Statutes of the State of Alaska which are identified by seciton number -and catchline title below: (SEC. 04.15.020 RESTRICTIONS ON SALE OR DISPOSITION OF LIQUOR. SEC. 04.15.060 PURCHASE BY MINORS. SEC. 04.15.080 GIVING OF INTOXICATING LIQUOR TO PERSONS UNDER THE AGE OF 19 YEARS (PERMISSIBLE PENALTIES TO THE FULL EXTENT PERMITTED BY LAW TO HOME -RULE CHARTER CITY). SEC. 04.15.090 PROHIBITION WITH RESPECT TO CERTAIN FEMALES IN CONNECTION WITH LIQUOR SALES.] Sec. 04.16.052 Furnishing of Alcoholic Beverages to Persons Under the Age of 21 by Licensees. Sec. 04.16.060 Purchase by Persons Under the Age of 21. -1- Section 2• 2.20.010 Sales Permitted: The provisions of (AS 04.15.020(C)] AS O4.16.070 do not apply within the City of Kenai when elections are being held and intoxicating liquor may be sold or otherwise disposed of within the City of Kenai on election days in the same manner and purusant to the same regulation as on other days. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of May, 1991. ATTEST: Carol L. Freas, City Clerk (4/11/91) clf John J. Williams, Mayor Introduced: April 17, 1991 Adopted: May 1, 1991 Effective: June 1, 1991 -2- Suggested by: Librarian City of Kenai ORDINANCE NO. 1430-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,400 IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, through March 31, 1991, the City has received approximately $1,062 as library donations for lost and damaged books, and WHEREAS, the City expects to receive an additional $338 in this category through June 30, 1991, and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library Donations $1,400 Increase Appropriations: Library Books $1,400 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of May, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 17, 1991 Adopted: May 1, 1991 Effective: May 1, 1991 Approved by Finance: (4/10/91) kl e -� a KENAI PENINSULA BOROUGH 144 N. BIN KLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262-4441 April 24, 1991 City of Kenai Attn: Carol L. Freas, City Clerk 210 Fidalgo Kenai, AK 99611 RE: 1991 Liquor License Transfer From: MR. D'S To: MR. D'S Dear Carol, KING OSCAR'S INC. 10352 Spur Rd. Kenai, AK 99611 KENAI MOUNTAIN, INC. Same Location DON GILMAN MAYOR Please be advised that the Kenai Peninsula Borough has no objection to the transfer application of the above noted liquor license at this time based on unpaid taxes. The sales tax accounts for this business/applicant are current through the period ending 2/91. Property and Real Property taxes for the tax year 1990 are current. Please note that non -objection of transfer based on tax delinquency does not remove any other grounds for protest the Borough might assert. Thank you for your consideration in this matter. Sincerely, Shelley J. Morgan Delinquent Accounts cc: Applicant $71 L 39 O D D D STEVE COWPER, GOVERNOR DEPARTMENT OF REVENUE 550 W. 7th Avenue ALCOHOLICBEVEWECONTROL BOARD Anchorage, Alaska 99501 April 4, 1991 Carol Freas, Clerk City of Kenai ra)- g67891� 210 Fidalgo �Kenai, AK 99611 PR 1991cyi-..1 %'.j TY CLERKyII aF KENA i .It f Ca ZZ Dear Ms. Freas, We are in receipt of the following application(s) for a transfer of liquor license(s) within the City nf Kenai You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY - Tourism MR. D't; Kenai Mountain, Inc.; 10352 Spur Rd.; MAIL: 200 W. 34th Ave. Suite 288 Anchorage, Ak 99503 - Transferred from: Mr. D's; King Oscar's, Inc.; same location. ,//tr/9/ -,eez-,e- !..ate.-k-Xjg� Ain 74ove� r F, • Seats, at &"a Alooholk Sererege Control Board SW W. Seventh Aveme Arncherege. Alaska IIR501 007) Znas3s LIQUOR LICENSE APPLICATION PAGE 1 OF 2 (Please read separate Instructions) 8WW Parts 1 and = Ia e1 Jyp Dowd. fta.P Part 3 for year NNW This appkrlon is for: (chedt one) .'❑ A hill Calandw year ❑ Thew month Period begh" rw andng SECTION A. LICENSE INFORMATION. Mwt WCorn w-- at bpwofwp—. v of Application: License Type SIA R017me For License Yar Fedeal EIN Tourism sm.a.tt.f)�0 19 LIDeneeFee s Lj Now Beverage [ within a Mmtchpsilty (Sealy) OR ❑ oustle Mmmpeey ❑RwmvW ni ., �,,•. City of Kenai Filing Fee $ :100.00 PeMiy (M . _ - Current Liquor License Number If renewal, has the Scene been exercised or active at knot 30 NpM-how Q Transfer of dare O4.11.330(3n during the pest calander yew? (AS epplit able) $ License Na10er 90-24 5 7 B no eppllatlon wE bodarisd wiles. wrltan ❑ YES request M =,Z, Totel ❑ Relocation waiver at operation In ad by Me Akolole NO Con" Board SubmM*d i Enter g ptlaruTs or barstwee's name and m IN Doing Business As (Business Name) Community Counts Name and Msill Addrw eddrewsRshould appear°n Ne-,ease: Mr. D!S King Oscar (Sea Mstructlorr) Kenai Mt . , Inc. meat Address or Lowloo at Business 10352 Spur Rd. 200 W. 34th Ave., Suite 288 Cityoof Kenai Anchorage, AK 99503 210 Fidalgo CRY Kenai, AK 99611 Kenai, AK 99611 Sualnw Phone Number(s) ❑ TMS B A NEW MAIL W ADDRESS SECTION S. PREMISES TO BE LICENSED. bona corypieted for New and P@Wcatbn Name to W used on Pudic sign or In edvedYing b IdaNy prenwsw: Is k, " of Pnn I gresW #m orlew Own 50 mils from the bounderlse ale mu icipe y 0 —ported city. borough or untied nwrikpdry)7 art' ... .r „ ..... Chest school Grounds: .- I DYWrce measured under: Closest Church: 1 ❑ AS O4.11.410 OR , >. . ❑ Gaselier Oral 50 new ❑ Las M SO roles 0 Not Appk b* 1 ❑ Local Ordrsuee No.: Prerrias o W wfod is: OPIUM suhmued oae RMWWM (R***od for new ant phopsed buk*lgs) ❑ Etis F ❑New - ❑ _. ❑ Diagram of Praatsee AOr>hd fRequinfri for ad New and Relocation SECTION C. RENEWAL INFORMATION. — W cempfotodfor Renswr sppeat -q- Flw the aN when alcoholic bserags are aid. shed. Hs lM statemerx olfihenclsi lntestow9who moksa PACKAGESTOR61sthenctketosNls- w-Bever, eonwrmed, poseessdarnstatementr lowedbeenaher 9 fro0a statement submitted to sift Alcoholic Beverage Control ages h reponse to writies cadre being renewed T teat dlegrrn submitted? Bondy ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO SECTION D. TRANSFER INFORMATION. Lk"n W cernpleld for Tusher of Uo"as Noldv and Fla o salon WPrtikns «wy. ❑ Ynvehantaryr Transfer. -Allach documents ns which evidence • our under AS Name(*) and Muting Address of Current Llosnsee(s) _ 04.1111.1170. Mguwr Transfer. AM kletrnasrt exerted under AS O4.11.970 for pu"see of King Oscar's Inc. /Mr. D' 6, qV" AS 04.11—MN4)(B) In a later Imraurdry trampler, must W food with drift - 10352 Spur Rd... ----- apptksft (1SAAC104.1OM).Red erPersons' Prop.dy oonveyedwkh Oft transfer ---- ---._ _ Kenai, AK 99611 —. --.-- — isOa : (Ach extra sheen t neessary) W Security Agreement, UCC, Conditional Power BEFOFWTRANBFER. Doing BuMnas As:(Busimw Name) Mr. D's o Attorneys BEFORE TRANSFER. Strst Address or Imllon 10352 qvur R 00611 _ ECTION E. CORPORATION INFORMATION. MadbeoonnpltodlaPPkantaroo-QPPMCanaisacorporaWL "04.17•390) Corporal Nsme Doing Brines As (Business Neme) Date of Inwm rstlon In Alasiu Kenai Mt., Inc. Mr. D's February 19, 11 ' Melling Address street Addres or laces"' of Business 00 W. 34th Ave., C289 10352 Spur Rd. City, State, Zip Coed CRY and State Coryaal office Phone No. chorave AK 99503 Kenai, AK 99611(907)277-4479 is the above named corporation in good s0ah Ing with the Sate of Registered Agent (Nears rat Melia Addrss) Agents Alaska Residency Alsi s, Department of Comfsrw rho Economic Development? ... Yen: 19 Monies: AgerRe Phone No. YES ❑ NO i _ 007)277-4479 CORPORATION DIIIECTORS AND WrOCKHOLDERe (t1s eddtional @has% If necessary) % or moves of Full Name Mo are use intll) Home Address Dal M Bkih Ownneshp 200 W. 34th Ave., Suite 288 )arilyn Talmage Anchorage", AK 99503; rZ-15-50 200% THIS AREA OFFICE USE ONLY ucernso Number Dal AppoYed Diaxots signature .• 04-001 Page i (Rev. 6" v i 'ALASY,A LIOUOR LICENSE APPLICATION PAGE 2 OF 2 SECTION F. INDIVIDUAL/CORPORATE OFFICER INFORMATION. The folov�Idomatbn mum be provided for each appsurn or eon orr..flkr. if the mpncmt or co'rp IMM Y a eorponidon, the officers Wed must knaude the Pralde n, VX*-Pnsus n. Secretary end Treasurer. Use eddaona Poo es necessary. Ful None (Do not use macs) `irilvn Talrtaro Ful Norm (Do not Ire. Inads) r ft" Address 34L% Avc.. Suite 2S8 Mh-Address CRY. She., Zp cod. ,`.ncrtoraoe. K m)50'i city, theta, Zip cod. Nome Address (I d erem fmn m mn address) Iies a^^. ►Iom. Adders (I dlffrrn hem OR address) Dr. of BM 05-15-50 Horns Phone (907)277-4479 work Phone (907)277-4479 Dore of BM Nome Phone Work Phone Length of Aleske .applicant M s eorporwlon, Idartllythecorporeteoflkeyou haN. President/Vice-President 6 Secretary LerqM of Ala*a Msppbsrnls.eogmmU n. thecrporm.oMoeyou pv16 Yaws 19 MM the I Yeare Months Ful Nerve (Do not tree Maals) Ful Name (Do not we Maels) - Minp Address Mellnp Address Cly. Mft Zip Dade CRY, State, Zip code Home Address (I different tram nns" address) Home Addres; (I d0frerd kom rtWYnp access) Deft of BIM Fianna Phone Work Phone Doe of BM Ham. Phone work Phone LenpotAleskeRseldency nappHoonnleecapormbn, finny thecorprsteoNbs you hold LengM of Alaska .applbant Y ecorpaatlon. lda0lylhecorprsteofiloeyou hold Yera MM M Yore bbrnOns SECTION G. INDIVIDUALICORPORATE OFFICER BACK ROUND. Muahewrrp.aerorellypesor.pplc.9om. Dose ay InAviduall r eMprelsoebr nrrwd Wove now have cry duet ofMdred Interest In s y other sloohole bworepe bumnss eIoasad InAYmu or any other owe? ❑ NO YES 9 yes. piss memo, nerve of bumnesa, and eddress. Village Inn, INc. P.O. Box 365 Valdez, AK 99686 Hass y Indvldum r corposls ogler lsted ebow boa comktaf of a felony, a vWmbon of AS 04, rbesn eatwkled m a --errs or ma opr of konsed Premises In another etsle r Oh. egrror hews of dhr stare akho. the fllnp d the tot mpplkaWn7 i(e NO ❑ YES Wises. p1eee. aplakh on saperae OWN of Paper. SECTION H. DECLARATION. Mat be read end WOW by each Rpin+n- 1 declare under penalty of perjury that I have examined this application, including the a panying ules and statements, and to the best of my knowledge and belief It Is true, correct and complete. I further certify that I have read and am famlllarwhh Title 4 of the Alaska statutes and its regulations, and that In accordance with AS O4.11.450, no person other than the applicant(s) or Ilcensee(s) has any direct or Indirect financial Interest In the licensed business. I agree to provide all Information required by the Alcoholic Beverage Control Board In support of this application. B application Is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided In the state of Alaska for at least one year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided In the stale of Alaska for at least one year prior to the date of this application. SIGNATURES OF CURRENT LICENSEES) (APPLICAHM SIGNATURES OF TRANSFEREE(S) King A/Oscar, Inc. Ry• Kenai ?tt. , Inc. tti D. by: Marilyn Talmage, r atetft Subscribed and sworn to Wore me this 22r) i Bw.rbed and sworn to before me this OC % dmy of February 19 91 i dey of February .19 91 NOTARY PUSUC Id AND FOR ALASKAA NOTARY PUBLIC Bl AND FOR ALASKA l - -_ ... , _ - - C S — FM �� My ooffffn"on aptrw lJ iL oonrdsmon slier« Forth 04-901 Poe 2 (Rev. 919) ^ . r T r 7 ^ v l ( _ E WAITER . HIC E � � a I n? / � HICKEL, DEPARTMENT OF REVENUE / 550W.7THAVE ANCHORAGE, ALASKA 99501.6698 ALCOhOLICBEVERAGECONTROL BOARD i April 10, 1991 �9�p11} 3147S Carol Freas, Clerk City of Kenai '0 R 1991 210 Fidalgo Kenai, AK 99611 i' CL or KENA1 .Z29z10 SUBJECT: Restaurant Designation Applications We are in receipt of the following applications(s)for restaurant designation permits within the City of Kenai .Please complete the enclosed applications(s) and return to our office. BEVERAGE DISPENSARY MR. D'S Enclosed is a restaurant designation which allows access of persons under the age of 19 to enter a licensed premises for purpose of non-alcoholic related employment or dining. Pursuant to AS O4.16.049 and 15 AAC 104.715-795, the Alcoholic Beverage Control Board, 'with the approaval of the governing body having jurisdiction and at the licensee's request, shall designate whit -premises are hotels, restaurants, or eating places only for purposes of this subsection.' Sincerely, 8eth Nelson Records & Licensing Supervisor (907) 277-8638 Enc: As stated 0012C/43 04-015LM STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD �i APPLICATION FOR RESTAURANT DESIGNATION PERMIT, -,AS 04.16.049 & 15 AAC 104.715-795 FEE • 0.0 The granting of this permit allows access of persons under 21 years of age to designated — licensed premises for purposes of dining , and persons under the age of 19 for employment. If for employment, please state, in detail, how the person will be employed, duties, etc. (15 AAC 104.745). This application is for designation of premises where: (please mark appropriate items) 1. persons between 16 & 21 may dine unaccompanied. 2. _persons under 16 may dine accompanied by a person 21 years or older. 3. /� persons between 16 and 19 years may be employed. (See note below) LICENSEE: Kenai Mt., Inc. 0/B/A: Mr. D's King Oscar ADDRESS: 10352 S2ur Rd.. Kenai AK 99611 4:00 12.00 (weeknights) W(wee en s I. Hours of Operation: 4:00 to*2:00 a.m.Telephone # (907)283-6060 2. Have police ever' -been called to your premises by you or anyone else for any reason: Yes No < If Yes, date(s) and explanation(s). 3. Duties of employment: dishwasher j anitoriall bus _person 4. Are video games available to the public on your premises? 5. Do you provide entertainment? Yes �C _ No If Yes, Oscribe. 6. How is food served?4 t 7. Is the owner, manager Yes __ No x Table Service_,Y, buffet service Counter service Othe or assistant manager always present during business hours? ***A MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION*** This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104.795) I certify that I have read AS O4.16.049, AS O4.16.060. 15 AAC 104.715-795 and have instructed my employees about provisions contai d Applicant(s) signature Application approved (15 AAC 104.725(e) Governing Body Official Date: Subscribe andi;ng fore me this��;.i-'"nay - Notary Public in and -for Alaska My Commission expires Director, ABC Board Date: Note: AS O4.16.049(c) requires that written parental consent and an exemption by the Dept. of Labor must be provided to the licensee by the employee who is under 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. * Describe how food is served on back of form 0012C/14-5/89 AIDS ASSISTANCE ASSOCIAT HELPLINE: (907) 278-4880 o (800) 4ZL- o co cif (,�r..•• ,o clsy OF KENAI �# 1 417 W. 8TH AVE. N ANCHORAGE, AK. M01 (R� A v� y ADMINISTRATION �� �'� ON (907) 276-1400 C HELPLINE 'F S'l�ci c 1 (807) 278-48W (80(t) 478-AIDS BOARD OF DIRECTORS ` Maureen (MO) Dursi . �. 107 President ,.� _,..� .-. _, Judge Victor Carlson Yoe President Dan Carter Secretary Tom Rachal Treasurer Rick Smith Ombudsman - Wayne Cobb (.Y 1 ► 1 NQW I Jai *Melba Cooke. l (� e 1 rt Heasley .ett Mothe Vanessa Karnes Fr. Steven AAcz-)s�34e\ ✓ ' immedste Pestst President �••X+ J�si sire As�u�en. posed� r�Ce '(Y\�-e pp '��� A United Way Alaska Depanment of Commerce Dames Of Chance and Contests of Skill .ofOccu DovelOccupational PERMIT APPLICATION Dlrlsion of Oeeupai�onei l IcanainQ 110 box 0 ti Juneau. AK 9aa110600 AS 05.15.020 and 15 AAC 105.100(a) Please read the instructions before completing this application. All sections of the application must be completed 199t 1. NAME OF ORGANIZATION.,_. Alaskan AIDS''Assistan6e'Assoc."' Mailln i Address 417 West 8th Avenue Anchorage, Alaska 99501 City, State, Zip Code 2. TYPE.OF ORGANIZATION Check one box. For definitions see AS 05.15.210 and 15 AAC 105.010. • .160. a. Charitable i 0 b. Civic or Service I 1 c. Dog Mushers' Association. d. Educational :a e. Fishing Derby Association I I] I. Fraternal ] C. Labor i J h. Municipality .11. Nonprofit Trade ( Association L11. Outboard Motor Association l i.) k. Police or Fire Department and Company { r_II. Political LJ m.Religious i.l n. Veterans i s. ORGANIZED AS: i Corporation Public Private { i1 Partnership M Association S TYPES OF GAMES List by common name It other than those listed. See AS 05.15.210 and 15 AAC 105.110 .160. 1.1 a. Bingo NOTE: Bingo games must not be hold more than nine oc- casions in a calendar month with no more than 35 games per session or series of games. Xi It. Raffles & Lotteries - 1 c. Pull -Tabs :11 d. Ice Classics l i 6. Dog Mushers• Contests i 1 1. Fish Derbies I J g. Rain Classics I I h. Mercury Classics I r I. Goose Classic I 1 1. Salmon Classic I it. Contests of Skill I ' 1. Marksmanship Rifle, Archery or Pistol I_l 2. Races I 1 3. Track and Field Events S. ESTIMATED 1991 GROSS RECEIPTS $ 31,000 - 8,000 6. LOCAL OFFICERS (must be current bona lido members In good standing) NAME TITLE Rebecca Rogers _ _ Executive_ Director Maureen Dursi Board President Tom Rachal _Board Treasurer i Victor Carlson ..,.Vice President . 6A. RENEWAL APPLICATION Most Recent Year Permit Number. Issued:` Attach the following required Items: ❑ Current Alaska membership list (must haw al least 2S members) 11 Copy of amendments to articles of Incorporation and bylaws, If any; include copy of amendment and certificate of amendmen tlincorporat ion/relnstatemant. J Board resolution or minutes appointing the primary member (sae Instructions.) 1:l Proof of filing the application with the nearest city or borough (see instructions.) III Gaming account number, bank name, address and telephone number.- 60. NEW APPLICATION Number of years organization has been in existence In Alaska: _ Attach the following reQwrad items: XI Current Alaska membership list (must have at least 25 members) X1 Certified true copy of articles of Incorporation, and copy of bylaws and national and state charters. • • , X Copy of IRS certificate or tax letter or tax.exemption issued to nonprofit organizations, if applicable. X1 Documentation showing organization has been in existence in Alaska three years or more (e.g. bank statements, cor• respondence to the organization, receipts for services rendered or supplied, etc. Xi Board resolution or minutes appointing the primary member (see instructions.) XI Proof of filing the appiication with the nearest city 0( borough (see instructions.) Name and Mailing Address of National Organization (If applicable): N/A 7A. ACTUAL 1990 GROSS RECEIPTS S FROM ALL GAMING ACTIVITIES N/A 78. FEE. Check the appropriate box and enclose the correct amount. It gross receipts from all ; r , Then the 1990 gaming activities were: Permit Fee Is: -X $0319;999; or If you are a New Applicant.............$20.00 i l S20.000-$99,999 . .................... ....... .... $50.00 IJ $100,000 or more . ...............................$100.00 SOCIAL SECURITY NO. 237-86-2458 DAYTIME' TELEPHONE NO. 276-1400. 049-34-4912 563-4545 425-82-6600 333-750`4 364-38-1433 276-2359 FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY Date of Receipt Stamp Permit Number. Date of Issue•. ----•--_ .--- ,.-- Guarterly Reports Filed I 1 11 2 i 1 3 1 1 Financial Statement: i i Yee I : No i ; New 1% Fee Li Yes I No NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUEQ 08•4039 (Revised 10190) (1) y Ai UN VI !r_ 1 11 pernn . ianitulw(i mw,! , , u,o the net proceeds fr,)m yaming activ,uun'I(. :!,: awer ling of pates. and for ouiitica, '-tlucation civic. public, chanlawn patriotic or religious uses ir, Alaska. (See Instructions for Specific rules on how f:.oeeeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. Raffle funds will be used topromote the mission of the Alaskan AIDS Assistance Association:to provide direct services to people zffected by HIV/AIDS and to educate for the prevention of AIDS _. Alaska. The money will be used for general operating costs for the 4A's office: utilities, rent, office supplies. Absolutely no salary. 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and scIlve member of the dual Itied organization, or an employee of the municipality. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member In charge. It more than one alternate Is 10 be designated. attach a separate sheet and provide the required Information asked for on this page for each. 11 any primary or alternate member In charge changes during the calendar year, you are required to notify the Department of the new person(s). Submit a copy of the board resolution or minutes of meetings appointing the primary member and giving authority to the primary member in charge to sign the application on behalf of the organization. A. PRIMARY 8. ALTERNATE Name Daytime Telephone Na Name Daytime Telephone Na Tom Rachel, Treasurer 333-7504 Rebecca Rogers 276-1400 Mailing Addroas saolal Security Na Mailing Addreaa social security Na 6251 East 41st Court 425-82-6600 417 8th Avenue 237-86-24 City, slate, Zip Code This _West City, stale, Zip code Title Exec. Anchora e, Alaska 99504 Treasurer Anchorage, Alaska IDirtmntintr 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted, including the drawing of raffle tickets. If this location changes, you must notify both the Department of Commerce and Economic Development and the local government within 10 days. tFor more than one location, attach a separate sheet.) Name and Street Address of Premises for Each Gaming Activity, Attach Additional Pages as NeededT 1-Raffle Drawing: 417 West 8th Ave,Anchorage9950 Type of Game raffle Contact Person R.Rogers Daytime _ Telephone 276-1400 '• 2 Selling raffle tickets in Anchorage, Juneau, raffle. L.Camero 465-284 i3. Sitka, Ketchikan, Kenai, Bethel and Nome. a. i 5 — 12. OPERATOR (If any). If an operator Is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of Commerce and Economic Development at least 15 days before activities commence. You may contract with only one operator for each type of gaming activity. The member who has been designated above as the person in charge of the games Is responsible for monitoring the operator's performance. I Name of Licensed Operator I Copy of Contract with Operator: N/A 7 Is Attached 1-1Willbe sent by certifled mall no later then 15 dbys before the activities are conducted 13. THESE QUESTIONS MUST BE ANSWERED. YES NO Q X A. Has any person listed in 10 or 12 above ever been convicted of, or on parole for a felony within the preceding live years in any state, terril0ry, or foreign country? 0 B. Has any person listed In 10 or 12 above ever been convicted of a crime Involving theft or dishonesty, or has ever been convicted of a violation in any state of a municipal. state or federal gambling law? :1 C. Will any person listed In 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? II yes, explain. ,,. SIG NATURE. Ihls application must be signed by the primary person in charge of games listed in IOA above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application is filed with the Department of Commerce and Economic Development. I declare under penalty of unsworn falsl(Ieation that I have examined this application, including any attachment, and that to the best of my knowledge and belief It is true and complete. 1 understand that any false statement made on this appllcallon is punishable by law. 1 further declare that two copies of this appllcalion have been delivered to the nearest city or borough office for review. Signature — Printed Name Rebecca_Rogers 16. CITY OR BOROUGH RESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the location of the proposed gaming activities. Proof of filing must accompany this application. See Instructions. To speed processing. please have the appropriate local govern - mint official Indicate, by signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the processing will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: 1! Yes (.1 No (Attach explanation of objection) ' Signature of Local Government Official Date I Printed Name of Person Who Signed I Telephone No. NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. 08-4039 (9190) (2) ALI KENAI PENINSULA BOROUGP v a 144 N. BINKLEY • SOLD07NA, ALASKA 99669 PHONE (907) 262.4441 ''�'•� '� �'� � DON OILMAN ^April 30, 199] MAYOR 21282930 j, Alcoholic Beverage Control Board (6.' ti6 Attn: Beth Nelson R 1991550 W. 7th Ave.;..�.��Anchorage, AK 99501-6698 �;-F KE7INA,RE: 1991 Liquor License Renewal Protest: 919t}+l''�� LITTLE SKI -MO DRIVE INN - Restaurant/Eating Place Dear Ms. Nelson, The Kenai Peninsula Borough hereby notifies the Alcoholic Beverage Control Board of its protest to the 1991 liquor license renewal for the LITTLE SKI• -MO DRIVE INN. This protest is for the reason of the following tax liability arising wholly out of the operation of the licensed business: LITTLE SKI -MO DRIVE INN Sales TAX ACcoun# 915 (Interest to 5/1/91) Balance due of $6,261.55 From periods of 8/90,9/90 10/90, 12/90 & 1/91 Missing Filings for the period ending 02/28/91, and the return for the period ending 03/31/91 is due 05/01/91. Real Property Tax 11043-270-14 Balance due of $1,347.70 (Interest to 5/15/91) This protest is made pursuant to a policy established according to KPB 7.10.020(A) to protest license applications if the applicant is not current in his tax obligations to the Borough and pursuant to statute allowing protest for unpaid taxes arising out of the operation of the licensed premises. nrr• _,- 7y t,L, ,ril r-L11y1 t_ULH bJK! '7U, r . J Protest of Liquor License Renewal April 30, 1991 RE: Little Ski-Mo Drive Inn Page 2 The applicant is being advised of this protest by copy of this letter. The applicant may contact the Borough Delinquent Accounts Office, Shelley Morgan at (907)262-4441 ext. 228, in order to bring the above noted tax accounts current by payment in the form of CASH, CASHIER'S CHECK, OR MONEY ORDER. The Borough will then withdraw any protest for delinquent taxes. Sincerely, qx z�,PP� Shelley J. Morgan Delinquent Accounts cc: Ronald Yamamoto d/b/a Little Ski-Mo Drive Inn P.O. Box 4363 Kenai, AK 99611 City of Kenai Attn: Carol L. Freas, City Clerk 210 Fidalgo Kenai, AK 99611 1791-1991 G �� CITY OF KENAI " ail OapiW 4 41""" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 March 27, 1991 Ms. Beth Nelson Alcoholic Beverage Control Board State of Alaska Department of Revenue 550 West Seventh Avenue Suite 350 Anchorage, AK 99501 RE: 1991 Liquor License Renewal LITTLE SKI -MO DRIVE INN - RESTUARANT/EATING PLACE Dear Ms. Nelson: The City of Kenai hereby requests a thirty -day extension to further review the following business: Little Ski-Mo Drive Inn - Restaurant/Eating Place If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF KENAI eze_ Carol L. Freas City Clerk clf cc: Linda Barkley Ron Yamamoto 1791-1991 CITY OF KENAI • , "O�l u0apz1il 4 4ia� " 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 March 21, 1991 Ms. Linda Barclay Delinquent Accounts Kenai Peninsula Borough 144 North Binkley Street Soldotna, AK 99669 RE: 1991 Liquor License Renewal LITTLE SKI -NO DRIVE INN - RESTAURANT/EATING PLACE At their regular meeting of March 20, 1991, the Kenai City Council granted a thirty -day extension to Mr. Ron Yamamoto in which to pay owed sales tax. This extension allows Mr. Yamamoto until Council's scheduled meeting of May 1, 1991 in which to come current with owed amounts. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF KENAI &/rt�� Car L. Freas City Clerk clf cc: Ron Yamamoto, d/b/a Little Ski Mo Drive Inn 1791-1991 CITY OF KENAI Capdai 4 4�"" it 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 March 21, 1991 Ms. Beth Nelson Alcoholic Beverage Control Board State of Alaska Department of Revenue 550 West Seventh Avenue Suite 350 Anchorage, AK 99501 Re: 1991 LIQUOR LICENSE RENEWAL LITTLE SKI -MO DRIVE INN - RESTAURANT/EATING PLACE At their regular meeting of March 20, 1991, the Kenai City Council granted a thirty -day extension to Mr. Ron Yamamoto in which to pay owed sales tax. This extension allows Mr. Yamamoto until Council's scheduled meeting of May 1, 1991 in which to come current with owed amounts. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF KENAI &IZ_111_1�� Car91 L. Freas City Clerk clf cc: Ron Yamamoto, d/b/a Little Ski Mo Drive Inn i PS Form 3800, June 1985 n U.S.G.P.O. 1989-234.555 p N 1 Q O A A G O T C M N.. N .Z p N -0 O CQ ' N r' G, 3 'am 7 .3 n .�. c3� �A m m 1 N o— a ,2 - a 0 to A b' Q M m A r. o � � to v� yD 0 ^ram Ch FT :b soli q�mm In H "A a b<m m a to i D r- 3 and 4. SENDER: Complete+items 1 and 2 when additional services are desired and complete items Put your address in the "RETURN TO" S r from being returned to you. The return recei t fee will rovide ou the name of the erson delivered is pace fee the reverse side. Failure to do this will prevent this card the date of derive . For ad itiona an c t e o owing services service( ec ox es) or additional servicefs! requested • ❑ Show to who delivered, and are available. onsu t postmaster or ees date, and addressee's address.' ' 2 p Restricted f7etivary (Fora charge) 3• Article Addressed to: Article Number Type of Service ❑ Registered 0 insured i' /'� • 9gle� 4 t Certified ❑ Co 2�,Lg2627�a?9� n, Express Ma�f [] Retum Receipt for Merchandise n, MpR �g9 ays obtain signature of addressee 5. u Address e O i/ N 4i* gent and DATE DELIVERED 8? Addressee's Address �� KEt<t' 6- Signature —Agent (ONLY if requested and fee paid) y X �� 7. Date of Delivery v PS Form 3811, Apr. 1989 DOMESTIC RETURN RECEIPT O h WALTER J. NICKEL, GOVERNOR L SK DEPARTMENT OF REVENUE SW W.TTHAVE ANCHORAGE, AUSKA 99501�8898 ALGY.I�0L/CBEVERAGEGL'yVTI�OL BiAARO March 1, 1991 Carol Freas, City Clerk City of Kenai 210 Fidalgo Kenai, Ak 99611 Dear Ms. Freas ; �lss-�1a s �o ti MAR 1991 V t.. J SN TY OF KENAI ; r / 'tip Ltio� / We are in receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY PACKAGE STORE RESTAURANT/EATING PLACE LITTLE SKI -MO DRIVE INN L A local governing body as defined under AS O4.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT Ill SUPPORT OF THE PROTEST. Under AS O4.11.420(a), the board may not issued a license or permit for premises in a runtelpality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b), municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(c), the board will grant a local governing body an extension of 30 days in which to protest an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Under AS O4.11.310, if applicable, a notice is also being provided to the appropriate community council within your municipality. Sincerely, �X— Beth Nelson Licensing Supervisor (907)277-8638 — Shoho of Abate PAGE 1 OF 2 "&'°"eBrnropiControl Board W. S•vermh Awnw LIQUOR LICENSE APPLICATION r" vwe. Alswe 99501 ceased Mrts 1 and 21e live ABC Bend. 277-OWS (Please read separate lnstructlons), -- - •;�% �� ( , <, tCesp that i 1« yew tttw. That application Is for. (check one) ❑ A full eWndr year ❑ The ssr month period beginning and with SECTION A. LICENSE WFORNIATION.Must be completed for ON types W applications. Type of Application: w T fi /use atNe Reference For Lkwe Yeas Federal EIN a.11.)UU 199 ;�—UU&3222 License Fee S 300,00 ❑ New 1 to n a Mu My) OR [I Outside MunklpYty 4+ Q Rsnewat Cit_v � rierai Filing Fee $ 100.00 Penalty (If \ Current Uquor License Nurrtw It ren■wsk hasbeen exercised or am" at least 30 sight -how ❑ Transfer at Ucew• Holder s 1774 days during the past calendar year? (AS 04.11.330(3)) ,�-- applicable)- Total - t no application we be denied unless written request for ❑ YES ❑ Relocation waver a operation Is approved by me Alcalone Bevefe9a NO Control Board , 4f�1. 00 Submitted $ Eater appkal, a or tr■nsferw's name and msieng s1atjB0BttaarNrwa Community Council Nrre and MakYg Address .ase«r■should appear onthe Icon": Little Ski —No Drive Jnn fBeakh'mkfloasl Ronald S. Yamanoto Kenai Comrttmity Council Street Address or Location of Business P.O.Eox 4363 Spur tlwy., Gusty Subdv. EI—Ly 210 Fidalgo Kenai, AX 99611 Kenai Kenai, AK 99611 Business Phone Number(s) ❑ TM IS A NEW MAP NO ADDRESS 907/283-4463 SECTION B. PREMISES TO BE LICENSED. Man bew etedforNewandReloo non applications. Narns to be used on puck sign or In advemlekg to Wardy promises: Is location of isei greater than or leas then 50 miles from the boundaries of ■ municipality pncorporated city, borough or u~ municipality)? Closed School Grounds: I Disgrace measured under: I I ❑ AS 04.11.410 OR ❑ Greater then 50 mina ❑ Lev than 50 MA" ❑ Not Applicable C hread Cedes: I ❑ Local Ordnance No.: Reneees ho be Aowwed In: Plans submitted to Fire Marshall (ReWinsd for now and F -F I sd buildings) ❑ Fsle F ❑New. ❑ ❑ DkVm of Premises Attached Maciulred for es New and ROW~ Icptlons Has the roe where sfcoholle beverages we sold. wrv•d. Has thoshotementof financial lmerestChanged from the led PACKAGE WrORCtothe notketosell aiooholcbever- consul. pose ssedandlorstoredbeen Nhargedfrom the statement submitted to the Alcoholic Beverage Control ages In rponse to written orders being ranewed 7 dsgram submitted? Board? 'ES ® NO ❑ YES ® NO ❑ YES ❑ NO SECTION D. TRANSFER INFORMATION. W-t be comploted for Transfer of 1-1conse Holder and Relocation applications only. ❑ Mehmlry Transfer. Attach documents which e0dence VelasK' under AS 04.11.670. ❑ Ragular Trrtder. Any Instrument exerted under AS O4.11.670 1« purposes of appyag AS O4.11.3W(4)(B) In a later involuntary transfer, mud be flied with this application(15 MC 104.105(q). Real Or persons! properly convoyed With this tinder le: (Atteeh extra sheets k necessary) Mane(s) and Melling ng Address of Current Llwrhsoo(s) _ - BEFORE TRANSFER. Doing Business As: (Businw Name) BEFORE TRANSFER. Street Address or Location SECTION E. CORPORATION INFORMATION. Muatbow"VeredfaWleontrco-pplk.ntlsacmpordlon. (ASa.11.39t) Corporate Name t Doing Business As (Business Nestle) Date of incorporation In Alaska Mating Address Street Address or Location of Business City. Shot*, zp Code city and Stab Corporate Office Phone No. in the above named corporation In good 111AWKIN19 with the Stele of Ala" Department of Commerce and Economic Do"lopnen - l7 Cl YES ❑ NO Registered Agent (Nartw and Mating Address) Agent's A"a Residency years: Montle: Agenre Phone No. CORPORATION DIRECTORS AND STOCKHOLDERS (Use additional sheds it necessary) % or Shares of Full Name (Do not use meet■) Torre Address Ode of Binh Ownership C-' IS AREA OFFICE USE ONLY 1 • •' S _ 0 (! t " oMw•Nunber Date Mpa'ed Oxeciol■Sgnatsra,. ,- . Form 04-W Page 1 (Rev. Shag) AVSKA LIQUOR LICENSE APPLICATION PAGE 2 OF 2 SECTION-F. INDIVIDUAUCORPORATE OFFICER INFORMATION. The tolowmg inlomrtlon must be provded for each •pPlwnt or oorpm.t• omca. W the spplkent a r spprcmt Is a corporation• the omc re rated must hdWe the Pr• klent, Vic*-Presdwt, Secretary and Trowrw. We addrional pages as nmew". FYI Nam• (Do not use MUM) Fur Name (Do not use Inklak) Mslhg Address MMlhe Addrew City, State. Zip Coda City, State, Zp Code , Kenai, AK 99611 Home Address (II dfw-t from marine address) Horns Address (I dffw.rd from marine address) 50s Cedar, =3, Lenai, AK 99611 Vote of Birth Home Phone Work Phon. Date of BIM Home Phan. Work Phone 10-13-38 283-3003 1 263-4463 L of Alaska Reeldenc MappirardbscodpondWkkkntifyfMcorpaN•oMceyou n - Lerqth of A)m*s Raw—tbaoorp Mft%ldeiWly lh•corporM•Mfbe you ham Y.are Months Years k4en0a 19 Fur Name (Do not use htlak) , r Ful Nam (Do not us* Inluab) Mel ng Address kWft Address Cry Bede, Zip Coda • . ,..__ • - Cry, Stab, Zp Coda .. -� • . - . Home Address (r drfererd from 6Wkq address) Home Address (I dKermt from wAl address) . Date of Bath Homo Phone Work Phom Ost• of Bkm Holm Phone Wok Plane LwVth of Alaska fteldency Vappilrard Ina corporation. Identify thecorporaoofOce you had' LwqthofAJaaoR If -1;ant IsawgxwWon, dentlfythecorporateoffka you no"L Yeas Months Y•are Montha Doss any IrdMdual or corporae oMm named above now have any duet or hdfect In her h ally other elmh ok beverage business Iconsed In Aaska or any other "a? Q NO ❑ YES 0 yes, eM* state, name of business, and address. f lies •ny Mlvdual w corporal* officer rated Wove bow oonvkted of a felony, p vloktlon ef AS 04, or bosh comdted as a lows" or manager of harmed prembes In mortar ail• of the /quo Mrs of that state skm the flung of the Wet appkalbny . NO ❑ YES M yoa, pew ehrplah on separate sh•st of papa. ,_t `A z SECTION H. DECLARATION. MAR be read and MOW by each applicant I declare under penalty of perjury that I have examined this application. Including the accompanying schedules and stateM4nIi. 4rx( Iolths best of my knowledge and belief it Is true, correct and complete. I further certify that I have read and am famlllar with Title 4 of the Alaska statutes and its regulations, and that In accordance with AS O4.11.450, no person other than the applicant(s) or licensee(s) has any direct or indirect financial Interest In the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. If application Is for A Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided In the state of Alaska for at least one year prior to the date of this application; and/or the applicant Is a Corporation registered and qualified to do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided In the state of Alaska for at least one year prior to the date of this application. SIONAT,UURRE OF CURRENT LICENSEES) (APPLICAIIM SIGNATURES OF TRANSFEREE(S) / . a - ? - '••' fs ST aubcra.d and ineom to before me this z Subscribed and s.rom to before me this _z �(iri%r9'h,_ days .1e days_ .te NOTARY PUBLIC 1N AND FOR ALASKA i• - NOTARY.PUBLIC IN AND FOR ALASKA My commission ehVres c-? % r ... r My aortsrhlssiph e1PIaMl I Forth 04401 Page 2 (Rev. ela0) 1" ` * , y9 ♦ �ENI CITY OF KENA " ' 210 Fidalgo Avenue B I C E N T E N N I A L Kenai, Alaska 99611 yi�ose wrt/�a t �[Wla 1�!! ctvYe TELEPHONE 283-7535 FAX 907-283-3014 r 40 AY(0) 1il`11 g0jA TO: Kenai City Council QQ� FROM: Loretta Harvey, Planning Secretary,�"�;a+ DATE: April 25, 1991 �``LL�� RE: Planning & Zoning Commission Actions At their regular meeting of April 24, 1991 the Planning & Zoning Commission took the following actions on agneda items: 5. a. Application for Development in TSH Zone - Thomas & Kathryn Tomrdle. Denied. 6. a. Petition to Vacate - Sections 7 & 18, T5N, R11W, SM, KRD. Passed by unanimous consent. b. Petition to Vacate Utility Easement - Lots 5 & 6 Dragseth Subdivision. Passed unanimously. 7. a. Res PZ91-7: Conditional Use Permit Application Jerry & Evelyn Huf. Denied. KENAI PLANNING & ZONING COMMISSION .APPROVED ****April 24, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - April 10, 1991 4. PERSONS PRESENTSCHEDULED TO BE HEARD S. PLANNING a. Application for Development in TSH Zone Thomas & Kathryn Tomrdle 6. NEW BUSINESS a. Petition to Vacate - Sections 7 & 18, T5N, R11W, SM, KRD b. Petition to Vacate - Lots 5 & 6 Dragseth Subdivision 7. OLD BUSINESS CONTINUATION OF PUBLIC HEARING a. Res PZ91-7: Conditional Use Permit Application - Jerry & Evelyn Huf b. Comprehensive Plan Review and Adoption - Tentative Schedule S. REPORTS a. City Council b. Borough Planning C. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. Kenai City Council Agenda - April 17, 1991 2. KPB Planning Commission Agenda - April 15, 1991 3. Alaska Planning Association Newsletter 4. Article Regarding Property Owner Rights 5. Resolving Common Platting and Zoning Problems #17 Seminar 6. Letter from Alan Boraas 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION April 101 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL AR-PROVE,R Present: Commissioners: Phil Bryson, Tom Murphy, Kathy Scott, Duane Bannock, Saylor Rehm, Art Graveley, Hal Smalley 3 Staff: Jack La Shot, Kim Howard, Loretta Harvey 2. APPROVAL OF AGENDA Chairman Bryson noted that item 6b. Application for Lease Lot 10, BL 2. Cook Inlet Industrial Park, was inadvertently left out of the packet and had been hand carried to the meeting. Also there was an addition of 6c. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec. 1, TSN, R11W, S.M., AK MOTION AND VOTE: Commissioner Murphy moved for approval, as amended. Commissioner Scott seconded. Passed by Unanimous Consent 3. APPROVAL OF MINUTES - March 27, 1991 MOTION AND VOTE: Commissioner Rehm moved for approval of the minutes as presented, seconded by Commissioner Graveley. Passed by Unanimous Consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD S. PLANNING a. Res. PZ 91-5: Resubdivision of Gov. Lot 139 and a portion of Gov. Lot 140 Section 31, T6N, R11W, S.M. AK, C-Plaza Subdivision Jack La Shot, City Engineer, explained that this resubdivision was intended to eliminate one property line to increase the size of the lots. KENAI PLANNING & ZONING COMMISSION Page 2 Commissioner Scott asked if La Shot could give the vicinity of the plat, and if it fronted the road to North Kenai? La Shot explained that the plat was the C-Plaza located on McKinley and 2nd, and that it fronts the North Road. MOTION AND VOTE: Commissioner Bannock moved for approval of Res. PZ 91-5, relocating lot lines on Gov. Lot 139 and a portion of Gov. Lot 140 Section 31, T6N, R11W, S.M. AK. Seconded by Commissioner Graveley. Passed Unanimously. b. Res. PZ 91-6: Resubdivision of Lots 5,6,7 Dragseth Subdivision and Utility Easement Vacation, Dragseth Subdivision La Shot reported that this was also elimination of lot lines and establishing new ones and also vacating a utility easement. Located off Cannery Road near Dragseth Subdivision. MOTION AND VOTE: Commissioner Graveley moved for approval or Resolution 91-6: Resubdivision of Lots 5,6,7 Dragseth Subdivision and Utility Easement. Commissioner Scott seconded. Passed unanimously. 6. NEW BUSINESS a. Res. PZ 91-7 - PUBLIC HEARING - Conditional Use Permit (CUP) Jerry and Evelyn Huf La Shot introduced the application by explaining that the owners were requesting a CUP for the property which fronts on Beaver Creek. The location of the property is between South Ames and Beaver Creek, and the owners wish to establish a cabin and boat rental on that property. Jerry Huf explained that he owned a 2-1/2 acre tract on which he proposed to build 4 (16 X 20) cabins and rent boats along with these cabins. Huf has submitted a vacation of easement application with the Borough. The original easement was for a road, that part of the property would now be used for parking and a tree buffer. KENAI PLANNING & ZONING COMMISSION Page 3 Chairman Bryson then opened the meeting to a Public Hearing. Harmon Hoffman, 635 Dolchok Lane, which is on the creek and east of the tract. Harmon presented a petition of 15 names of residents who are opposed to the CUP. The reasons of opposition were that the area is currently residential and the subdivision he resides in has covenants controlling and refusing this type of use. Hoffman expressed concerned that the creek is small in that area and that there could be pollution problems from the boats accessing the river there. He also voiced concern about the influx of people coming into the area to use the cabins, and the garbage problems this might create. Joanne Fleetwood -Smith - read a letter of opposition for the CUP and presented the letter to the Commission (See attachment 1.) Pat Fleetwood - representing herself and Alvin Fleetwood, read a letter of opposition for the CUP and presented the letter to the Commission (See attachment 2.) Glenda Feeken - Remax of the Peninsula, stated that a builder was considering buying several lots in that area and the sale might be impacted by it becoming a recreational area. She felt that people viewed that area as residential not recreational, and urged Commissioners to take a hard look at how this CUP would impact all the homes in that subdivision. Rona Hoffman - 635 Dolchok Lane - Stated that she was strongly opposed to the CUP, for similar reasons which had already been noted. She was concerned that it was an unsafe area for boats and that the noise and activity would have a negative impact on the current residents. Jerry Huf - Stated that he has lived in Basin View Subdivision since it was established and has watched the development of that area and feels it has already taken a turn in the direction of a recreational area. He proposes that his development was for only 4 boats and felt this would not affect the area. He also plans to build a home on the site within two years so he intends to keep the site well maintained. He added that if the neighbors have a problem with people or traffic he would be willing to build a fence on that property. He planned to install a floating dock to keep pedestrian traffic from eroding the creek bank. Hoffman - asked where the boats would be parked. Hoffman was afraid if the CUP was granted that Huf would begin charging a fee for other people to access the creek and traffic would increase, increasing wear and tear on the creek. Hoffman was also _ concerned that this permuit, if granted, would decrease the value of his home. KENAI PLANNING & ZONING COMMISSION Page 4 Huf stated that he has a permit pending with the Corp of Engineers (COE) and they would not issue a permit for a boat ramp in that area, if they felt it would harm the environment. Commissioner Bannock asked if the permit for the dock was denied, how would Huf's plans be affected? Huf replied that if the permit were denied the boat rentals would probably be out, but he would still have the cabin rentals. He didn't foresee a problem with the permit, since quite a few people in that area already had floating docks, which the COE had allowed. MOTION: Commissioner Murphy moved for approval of Res. PZ 91-7 - Conditional Use Permit - Jerry and Evelyn Huf. Commissioner Graveley seconded. Commissioner Scott told the Commission that she was currently a resident of Basin View Subdivision, but was not within the 300, public hearing notice criteria. She was aware that a petition had been circulated in Basin View, but had not signed the petition and she asked the Commission if it would be a conflict of interest for her to vote on this issue. Chairman Bryson said that it was his opinion that Commissioner Scott was significantly detached from the development and that it would not be a conflict of interest. He asked for other comments from the Commission or any objection. Hearing none, Bryson asked for further discussion on the item. Commissioner Murphy asked Huf to expound on his statement of that area taking a turn toward recreational? Huf explained that there were several CUP which had been granted by the City in recent years. One was for an RV Park and manmade lake across the street from his property, also there are numerous guiding businesses in that area. Commissioner Rehm noted that Beaver Creek was slow moving and expressed concern about the impact of additional boats on the creek and the hazards of boats entering the swift waters of the Kenai River from Beaver Creek. Rehm also asked if the warehouse near Huf's property was a commercial venture. KENAI PLANNING A ZONING COMMISSION Page 5 Commissioner Bannock recalled that the warehouse in question had come before P & Z last year and that it was not a commercial business. He recalled that similar arguments have been heard by the Commission in the past. He stated that development should be considered under the term "compatibility", which could be defined as "things that match". Bannock said that Huf's idea could be viewed two ways, as "a commercial development designed to make as much money as possibly, or as I choose to look at it in the compatibility definition in things that belong." He felt that boats and cabin rentals belong on Beaver Creek and the Kenai River. Bannock said he would like to know some things before making his final decision. He would like to know what covenants, if any, existed in this area. He felt that the floating boat dock was critical to Huf's plan, and if the Commission took action they would need to consider that. Historically the Commission has approved similar developments in that area. Commissioner Graveley asked Huf what the water level and width of river were in that area, and if their were residences on the opposite side of the creek from the proposed tract? Huf said that the water level is navigable most times of the year. The river is 20 to 25' wide and that there are no residences across the river, just wetlands. Commissioner Scott said that she was a relatively new member of the Commission and was not aware of past actions concerning such developments. She felt she would like more details before making her decision on this matter. Commissioner Bannock requested that Administration draft a list of CUP's granted in that vicinity in the past. MOTION AND VOTE: Commissioner Scott moved that the Commission postpone action on the CUP until the next meeting. Commissioner Murphy seconded. Passed unanimously. Chairman Bryson noted that the Public Hearing would be continued at the April 24th meeting. b. Application for Lease Lot 10, BL 2, Cook Inlet Industrial Park. Kim Howard, Administrative Assistant introduced the Application. The applicant was Jova Enterprises, doing business as Hertz. She asked what P & Z's recommendation to Council was regarding this lease. RENAI PLANNING & ZONING COMMISSION Page 6 MOTION: Commissioner Bannock moved for approval of Application to Lease Lot 10, BL 2, Cook Inlet Industrial Air Park. Commissioner Graveley seconded. Passes unanimously. c. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec.l, TSN, R11W, S.M., Alaska Chairman Bryson introduced the Petition and noted to the Commission that the Borough had already approved this vacation, and the City Council now had thirty days to veto that decision. The Planning and Zoning Commission was being asked to make a recommendation to Council concerning this Vacation. MOTION: Commissioner Bannock moved for the Planning and Zoning Commission to recommend to Council approval of the Petition to vacate. Commissioner Graveley seconded. Huf explained that this easement was intended by BLM for a road, at one time and that the road and utility easement were no longer needed. He felt that 50' was excessive and there was presently plenty of public access to Beaver Creek in that area. Chairman Bryson stated concern about losing access to Beaver Creek in Basin View Subdivision. He felt that the width might be reduced, but felt some type of access should be retained. Commissioner Murphy asked if there was any access to the creek in Angler's Acres? La Shot said he believed that there was still access in Angler's Acres, at the site where Fosters had, at one time, proposed a boat ramp. La Shot said he felt that the Petition to Vacate should also be reviewed by the Parks and Recreation Commission. Commissioner Bannock addressed the Alaska Department of Fish and Game's comment which requests that the borough provide a trail easement. Commissioner Bannock asked how wide a trail easement was and if Huf would find that trail easement acceptable? Chairman Bryson suggested 10 - 20 feet, which would significantly reduce the current easement. Huf said he would not be opposed to a trail in that area, but would be concerned over the impact on the river bank, if a public trail exists. KENAI PLANNING & ZONING COMMISSION Page 7 AMENDED MOTION: Commissioner Bannock amended main motion to reduce amount of the roadway and utility easement to 10 feet. Commissioner Graveley seconded. Commissioner Murphy noted that under the Findings of Fact section in the KPB Planning Commission minutes, number 3, there appeared to be plenty of existing access to Beaver Creek in that area. VOTE ON AMENDED MOTION: Yes - 3, No - 3. Motion fails for lack of a majority. VOTE ON MAIN MOTION: Yes - 3, No - 3. Motion fails for lack of a majority. 7. OLD BUSINESS a. Development in TSH Zone - Steven J. Peloza Chairman Bryson explained that the application for this development had been approved by the Commission at their March 27th meeting. Objections were raised to this application at the City Council Meeting of April 1st. Chairman Bryson then asked Councilman Smalley to give a report regarding this Council's wishes concerning this issue. Councilman Smalley referred to the comments from the City Council minutes, which were included in the P & Z packet. At the Council meeting Steven J. Peloza (the proposed business owner) was asked about other enterprises he had planned in the area. Peloza said that he planned to eventually have a salmon bake, horse back rides and outdoor arts and crafts shows, he added that he realized any expansion from his original application would have to come before P & Z.again. The Council was concerned about the proposed expansions of the enterprise and asked Peloza to return to P & Z so they could review his original application. Chairman Bryson read section of application under "Describe proposed activity: Arts and crafts gallery, landscaping, temporary fence, planting trees, painting lean-to a natural color. An additional application was submitted by the owner of the property, Michael W. Carpenter, which states under `Describe proposed activity: Arts and Craft Gallery.' Chairman Bryson asked Peloza whether the application accurately reflects his intents, at this time?" Peloza responded that it did, and he was aware that if he expanded on the original application he would have to come before the Commission again. KENAI PLANNING & ZONING COMMISSION Page 8 Chairman Bryson then asked Peloza about specific points, which had been discussed at the Council Meeting. Chairman Bryson asked, "What about pony rides?" Peloza said he felt that horseback riding was compatible with that area, but was not planned at this time. Chairman Bryson asked about external art/craft displays? Peloza said not at this time. Chairman Bryson asked about painting classes? Peloza replied that he had approval for that. Chairman Bryson asked about salmon bakes. Peloza "not at this time," but possibly at a later time. Currently the plan is to market arts and crafts and small gift items only, and to go 100% by the original approved application. Chairman Bryson, "Keeping in mind that the Planning and Zoning Commission is performing the duties of the Landscape Review Committee as delegated by the Council. Does the Commission wish, keeping in mind this is not a public hearing, it is not a zoning change, and it is not a Conditional Use, would they like to take public comment, at this time?" Commissioner Murphy said he would like to hear public comment, with a limit on time. Chairman Bryson invited public comment with a 4 minute limit. He suggested that if the speaker wished to exceed the time limit, they request permission from the Commission before presenting testimony. Commissioner Bannock said that he would agree to public comment, but wished to know what would be accomplished by.this. Chairman Bryson felt that by seeking comments from the public the Commission would decide whether to reconsider its prior action on this item. Keith Nickels, Soldotna, stated that he felt an Art Gallery belonged in a site specifically designated for commercial use, such as a mall, not in a religiously significant area. Peloza said he had researched that area for approximately a year and a half and felt it was an appropriate location for this business. _ KENAI PLANNING & ZONING COMMISSION Page 9 John Douglas said that this was an obviously sensitive area to the history of Kenai and the Kenai Peninsula and the Orthodox community. He felt that this was the first retail business in that area. The area is a burial ground and he felt that the community should not allow a commercial development in that area, it should be left as it is. Iona Wilson - 1501 Bluebell Lane, did not think a commercial enterprise would be appropriate in that area. The Church and Chapel are part of the rich cultural heritage of Kenai. She felt that it is very important to retain local heritage. Harry Connor, 30 year resident of Kenai, has known Peloza for about a year and supports the idea of an arts and crafts gallery in that area. He felt that Peloza would restore that area and improve the site. Bob Schmidt, Kenai resident since 1948, agreed that Kenai needs an art gallery, but though it should be in an area designated for commercial use only. He added that the area around the Orthodox Church was not a place for businesses it is a sacred burial ground. Romaine Walters, artist, 10 year resident, feels that local artists need a place to display their original work. A lot of the artists will be natives and the craftsmen need a place where original works, native crafts, etc. can be displayed and sold. The area is a beautiful spot and feels that it will benefit the neighborhood. Michael Carpenter owner of the property in Dolchok Subdivision, said he owned the property since 1981. He has given Peloza a 1 year lease to make his business work or he is out of the building. Kathie Tomrdle said she was in favor of anything that brings people into Old Town, that would keep that area alive. Becky Tromblee owner of a day care in area said that Peloza had approached her about a gift shop. She became concerned about the addition of pony rides, flea markets, etc. She was concerned about preserving the native heritage of the area and the Russian Church population, which is small but historically significant. The parking would also be a problem and extra traffic on the streets in Old Town, which are already in poor shape. Dale Osborne felt that the community should resolve to preserve an historical part of the Community. The traffic would be a big problem. He was strongly opposed to this development. KENAI PLANNING & ZONING COMMISSION Page 10 Tom Tomrdle Old Town resident and member of the Old Town Committee. He felt that the guidelines for an art gallery fit into the criteria for Old Town development. Jim Bookey respected the significant heritage of the Church, but felt that the Gallery would not be a problem if executed as presented. Barbara Waters, 3111 Kahlua, said she had no objections to this project but was concerned about the parking situation. She felt that businesses had already been allowed in Old Town, such as an accountant and daycare. Oldtown is a beautiful area and Peloza intends to clean up the area which would enhance Old Town. Leda Shadura-Schmidt, Russian Orthodox, felt that people were taking this situation too lightly. She said that her church is like her soul, and that the community has used the church without benefit to the church. She begged the Commission to support the Church and keep the heritage and traditions. She said she feels that the Church is not being handled properly, and asked Commissioners to consider the preservation of the Church very carefully before they destroy it. Reverend Targonsky asked if the City of Kenai had received a letter from Department of History and Archeology, and the Kenai Historical Society and asked that they be read into the record. (See attachments 3 & 4.) Targonsky asked to share comments which had been made by attorney Robert Cowen who had served on the Old Town Committee and helped draft the original Ordiance for the TSH Zone. Cowan had told Targonsky that this Ordinance, (on which this application is based), the intent was to permit intermingled uses into the historic zone, the intent was that next to the church that should be the strictest zone. commercial, general and retail Commercial, professional, and residential would all be allowed, but none of these would propose to open for business near the church, because of their respect for the Church. Current -businesses in that area have provided adequate parking, the day care business was begun before the TSH zone was established. There is no sign for the daycare, which would indicate that it is a business, it looks like a private residence. None of these businesses effect the operation of the Church, in any way. Targonsky was concerned that Peloza had already cut down some trees, which he felt might be on Church property. The original ordinance was never intended to allow retail business in that area. KENAI PLANNING & ZONING COMMISSION Page 11 Not opposed to art gallery, there is currently another gallery in Old Town. Kenai Historical Society has been contributing to the renovation of the chapel in the past few years and is currently in the process of fixing the roof. Targonsky stressed that a retail business does not fit in that area, and he fears a precedence will be established if this development is allowed, and other retail businesses will be established near the church. The Church would like the Carpenter residence to remain private, or a low key business, which caters to one client at a time, not a lot of customers coming in and out. If this development is allowed, the Church will challenge the intent of the ordinance which governs the TSH zone. There is a cultural center being built in Old Town now, which will provide room for native art and cultural exhibits. Targonsky felt this center would offer an option for local artists, and he wants the area to retain the historic value of the church. He then asked the commission to rescind their decision in approving Peloza's application, he said he thought that Council had the final say on this matter, but he hoped that P & Z would reconsider their decision. Chairman Bryson explained to Targonsky that the Council would only review the P & Z's decision if there was a written appeal submitted to them. Jean Howard, real estate specialist said that Peloza has been in contact with Targonsky since he began his project. She felt that his proposal would enhance the area and subdivision. Chairman Bryson read the letters which were requested to be read into the records (see attachments 4 and 5). Mrs. Shadura added to her testimony that traffic in the area would disturb the church services. She said the congregation loves its services and would like to have them in peace, Chairman Bryson asked if there was further public comment and seeing none, brought it back to the Commission. Bryson acknowledged that any party that disagrees with the Commission's decision on this issue, has the right of appeal at Council level. This appeal should be in writing. Commissioner Scott noted that Targonsky mentioned an ordinance which was adopted in 1987, is this code number 14.20.105? Chairman Bryson answered, "yes, to my knowledge." KENAI PLANNING & ZONING COMMISSION Page 12 Commissioner Scott said that the Commission had examined the Code at the previous meeting and found that there was nothing in the application which was in conflict with the existing Code. Scott felt that a request had been made that the landscaping plan come back to the Commission for review, but this was not reflected in the previous minutes. She asked that the tape of previous meeting be checked for this request. Chairman Bryson said that the tape had been inaudible. Commissioner Bannock said that he had brought up the suggestion that Peloza's landscaping plan be reviewed by the Commission, (acting as Landscaping Review Board.) Bannock said he felt a lot of this problem could have been eliminated by the involved parties not sharing ideas which are not a shared vision. Bannock also felt this was not a church issue and did not invade the National Historical Landmark (NHL) criteria. He also felt that the media did not accurately report the Commission's decision, which added to the controversy. The issue of parking had already been addressd by the Commission and they felt that the parking problem already exists and would not be compounded by the opening of this business. Bannock said that he uses two criteria to make planning and zoning decisions; enhancement and compatibility. "I feel that the applicant's idea here, is both an enhancement to the Old Town of Kenai and I also feel that it is very compatible, I stand by my decision of last week, and I hope, Mr. Peloza, that you do not let me down." Commissioner Scott asked what penalties Mr. Peloza would suffer if he violates his application? Chairman Bryson responded that no penalties are built into the ordinance as such, he presumed it would take a civil action. Councilman Smalley asked to respond to that comment. He said that the Council had discussed this issue and compared it to a Conditional Use Permit, if an applicant is in violation, it is brought before Council for review and if Council substantiates the violation the City would pursue legal action to make correction of the violation. Commissioner Scott was concerned over a comment that Peloza made. The Commission has approved the application as stated, in further comments by the applicant things have been added which may be construed as an amendment to the application. Scott was concerned about the addition of outdoor restrooms and wanted to make sure Peloza understood if these items were added, he would have to come before the Commission again. KENAI PLANNING & ZONING COMMISSION Page 13 Councilman Smalley said that the comments Council brought up when suggesting that this proposal come back to P&Z, were that this body, in reviewing this matter, be sure that the language is spelled out specifically, as to exactly to what has been approved. At this time the application is approved, but the applicant needs to know specifically what is allowed. Chairman Bryson asked if the house was served by City sewer? Mike Carpenter responded that when the City installed the sewer line to the sewer plant, they asked to come across the property. The original owner, Dolchok had told Carpenter that he had made a deal with the City for the home to be connected to that sewer line, but this was never done. Commissioner Scott noted that the application did not have a placed to indicate whether there were proper utilities on the sight. She was concerned that the Commission may need a more complete application, before making a final decision. Chairman Bryson asked if their were requirements that such a development provide public facilities? La Shot said that the sewer system in that area was a pressure system and would be difficult to access by property owner. Commissioner Bannock said he was not aware of any,ordinance which requires that water and sewer services be provided. Chairman Bryson said his question was intended to address the possibilities of a port-o-potty on that site. Commissioner Bannock said he would definitely object to port-o- potties, because they would detract from the site. Chairman Bryson said he felt there were three items verbally stated which were not written in the application: (1) painting classes, (2) outdoor art displays and (3) outdoor bathroom facilities. Councilman Smalley recommended that the City Attorney be asked to review legal aspects of having port-o-potties on property. Commissioner Rehm felt that the Commission was losing site of Old Town. He asked if the body could look at Peloza's business, he feels that the project would enhance the District but would like to see first hand what is there. Chairman Bryson had planned to meet at the site before the meeting but City Administration felt this would be in violation of open meeting laws. KENAI PLANNING & ZONING COMMISSION _ Page 14 Commissioner Bannock said that the Commission made a decision two weeks ago and felt that if anyone wished to rescind that action, they should speak out or the Commission should move on to other business. Commissioner Scott said she stood behind her initial approval but wanted the applicant aware that he is required to follow the application to the letter. Commissioner Murphy said he missed the meeting when Commission voted on this issue, and by Robert's Rules of Order, he could not move to rescind that decision. He felt that a retail business so close to the church detracts from the monument. If the Commission wishes to enhance the local history he feels that a retail business in that area is neither compatible or an enhancement. Commissioner Graveley said that the applicant never brought up anything about salmon bakes or horse rides. He said he had no intention of changing his mind about approval of application as originally submitted. The application was approved for: "Arts & craft gallery, landscaping, temporary fence, planting trees, painting lean-to to a natural color." Chairman Bryson asked for additional comments from the Commission, and asked if anyone had intent to move that the Commission reconsider the application. Councilman Smalley asked the Chairman to explain the process of appeal once again. Chairman Bryson told persons present that if a person feels damaged by the action taken tonight, they can submit a written appeal and it will go before City Council as an adjustment item. Council may rule on the appropriateness of P&Z's decision and override that decision if they find it to be inappropriate. Peloza asked if he could open his business? Chairman Bryson said that the Commission's opinion is that the application is approved at this point. Peloza could operate unless the Council rescinds the Commission's decision. Father Targonsky said he would be filing an appeal and wondered if it would be heard on April 17th, at the Council meeting. KENAI PLANNING & ZONING COMMISSION Page 15 Mayor Williams requested to make a statement with regards to any future hearings which the Council may enter into on this matter. If a grieved citizen petitions the Council for a rehearing of this matter it will not be heard at the April 17th meeting, giving just due to the needs of the Public for input, this would be scheduled for the first meeting in May. So if the Council rules to hear this on appeal it would not be heard before May. S. PERSON PRESENT NOT SCHEDULED 9. REPORTS a. City Council Councilman Smalley referred to Council Agenda contained in the packet. Under Item c. the Library will be open on Sundays for a trial period. The approval under h.4 on the Lease Lot 4, BL 10, Etolin Subdivision #3, was the Plumbing and Heating establishment which was approved pending legal research to be sure that the apartment in that complex was allowed by Code. That research had been done r and the application was approved. b. Borough Planning Chairman Bryson noted items which effected the Kenai area. One was the Cook Inlet Oil & Gas Lease, area has been previously leased and will be reviewed at an upcoming work session. The other item which will also be considered at the upcoming work session would be the timber harvest in Jackaloff Bay. c. City Administration 10. INFORMATION ITEMS a. City Council Agenda b. KPB Planning Commission Agenda 11. COMMISSION COMMENTS & QUESTIONS Commissioner Scott asked that more information be included in packets in the future on projects that the Commission will be reviewing and ruling on. KENAI PLANNING & ZONING COMMISSION Page 16 12. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, 474�� rett ar ey Transcribing Secretary r Richard J. Smith Joanne Fleetwood -Smith 2300 St. Elias Drive Anchorage, AK 99517 April 5, 1991 City of Kenai Planning Commission 210 Fidalgo Kenai, AK 99611 Re: Application for Cabin and Boat Rental Conditional Use Permit Tr. 1, Jack Webb Subdivision (Jerry and Evelyn Huf) Dear Commission Members: We have been co -owners with my parents of the adjacent lot (Tr. 2, Jack Webb) since 1989 and it was previously owned by my husband's company and its partners. I strongly oppose a cabin and boat rental operation for reasons including the following: 1. The area where the property is located is in a family/residential neighborhood; 2. Beaver Creek at the area proposed is small and little more than a small drainage slough at low tide. In my opinion it cannot sustain the type of activity proposed; and 3. The lot is heavily wooded and over -construction would eliminate important animal habitat which the family/residential use does not harm. Please deny the cabin and boat rental conditional use permit. Sincerely, Joanne Fleetwood -Smith FLEETWOOD & ASSOCIATES ALVIN H. FLEETWOOD Planning Commission City of Kenai 210 Fidalgo Kenai, AK 99611 3336 PRINCETON WAY ANCHORAGE. ALASKA 99508-4441 TELEPHONE NUMBER (907) 274-0744 April 5, 1991 RE: Public Hearing, April 10, 1991 Conditional Use Permit for a Cabin and Boat Rental under KMC 14.20.280 Applicants: Jerry C. and. Evelyn L. Huf Property: Tract 1, Jack Webb Subdivision Very much I appreciate the opportunity to strongly voice my deep disapproval of the proposed cabin rental and boat rental facility on the referenced Jack Webb Subdivision. We have property immediately adjacent to the proposed development (Tract 2, Jack Webb Subdivision) and are working toward building a single-family retirement/vacation home there. Prior to the unfortunate grant for the development of a gravel pit and trailer park 'across the road, the neighborhood was semi -rural and purely single-family residential. The allowance for the gravel pit and trailer park has already produced more of an adverse effect on this quiet residential neighborhood than is reasonably tolerable. It would be most unfortunate to do further damage to the remaining family/residential character of the neighborhood by permitting the proposed cabin and boat rental facilities. I wish to point out that Beaver Creek is a relatively small creek, and little more than a small drainage slough at low tide as it passes Jack Webb Subdivision. The development of a trailer park at the gravel pit across the road is already going to be more of a use burden on Beaver Creek than it can sustain. Allowing the cabin and boat rental would have this overburdening affect alone, without consideration for the gravel pit/trailer park. Together, there soon simply won't be anything remaining which resembles Beaver Creek as we now know it. I urge you to deny the additional use permit sought by the applicants. Sincerely, Alvin H. Fleetwood IN IMPLY APIR t M. H30(ARO-RCA) United States Department of the Interior NATIONAL PARK SERVICE ALASKA REGIONAL OFFICB 2525 Oambell Street, Room 107 Anchorgc, Alatu 99503.2892 Phil Bryson, Chair Planning and Zoning Commission City of Kenai Kenai, Alaska 99611 Dear Mr. Bryson: APR 10 1991 The National Park Service wishes to take this opportunity to express concern for the preservation of the Holy Assumption Orthodox Church National Historic Landmark at Kenai. As you know, the Church, which was constructed between 1894 and 1896, is the principal and most enduring example of historic Russian culture on the Kenai Peninsula. The National Park Service, under the National Historic Sites Act of 1935, is charged with the overnight and protection of the National Historic Landmarks in the United States. The Holy Assumption Orthodox Church at Kenai is one of 45 National Historic Landmarks in the state of Alaska. It is the only Landmark on the Kenai Peninsula to which visitors have access. Sites and structures such as the Holy Assumption Orthodox Church are nominated as National Historic Landmarks because of their outstanding significance based upon architectural character, association with an important historic event and integrity of getting. Recent news articles, discussions with local Kenai residents and the State Historic Preservation Officer reveal that the integrity of the Holy Assumption Orthodox Church, through pending land use zoning decisions, may be threatened as a result of possible incompatible land uses. The National Park Service wishes to express its concern for the future of this National Historic Landmark and would like to take this opportunity to reiterate that this community resource is an important and irreplaceable part of our shared American heritage. Decisions regarding the -areas around the Church structures and neighborhood setting need to be tempered with a concern for what is beet for this community landmark. In the past, the Kenai church has been the recipient of state and federal preservation funding. Considerable funds were expanded as part of the National Bicentennial Celebration. In 1986 a Condition Assessment Report was prepared by the National Park Service as a tool to encourage further rehabilitation efforts. Future assistance, however, would be jeopardized by any action which undermines the historic dualities for which the site was designated an NHL. KENAI CITY COUNCIL 215 FIDALGO KENAI,ALASKA 99611 DEAR CITY COUNCIL: APRIL 5,1991 KENAI HISTORICAL SOCIETY P.0.3ox 1348 KENAI,ALASKA 99611 The KENAI HISTORICAL SOCIETY objects to the arts and crafts business such as Stephens Alaskan Originals and other projects with it,planned to open in May. This business is located in our Kenai Historical district. Right betwden- our historical buildings dedicated as National Historical Landmarks. We think this kind of business distracts from our Kenai Historical District, The propery for this business is located on the old Dolchok home property across the street from the Kenai Orthodox Church and beside the MemorialShrine We can understand compatible business in the area,but feel this business would distract from Kenai's historic area. Tourists and locals would be unable to photograph the historic shops and such now planned. buildings without including some of the Please consider the kinds of business when so near --our KENAI HISTORIC DISTRICT. 2�q 5678s',o, Sincerely o APR 1991 N ry dent ��c�Tyoa �RsBONER MEEKS �I io° �'c'Z�Z 2 cc. planning and zoning comission KENAI PLANNING & ZONING COMMISSION March 27, 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Bannock, Glick, Gravely, Scott, Smalley Excused absence: Rehm 2. APPROVAL OF AGENDA MOTION AND VOTE: Commissioner Bannock moved for approval. Commissioner Gravely seconded. Passed by Unanimous Consent 3. APPROVAL OF MINUTES - March 13, 1991 MOTION AND VOTE: Commissioner Scott moved for approval of the minutes seconded by l Commissioner Bannock. Passed by Unanimous Consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING 6. NEW BUSINESS ,. a. Approval of Development in TSH Zone - Steven J. Peloza Commissioner Bryson asked if the house in question was the log :house with a lean to. ;Peloza answered yes, by the church. Commissioner Scott commented that -there appears to be ample parking in the area. Scott asked Peloza to define what he meant by "a temporary fence" in his application. t Peloza said that the fence will be a white picket fence that stands approximately 30" tall and run along the property line. It will be tapped in the ground so that it can be removed in the fall. The reason for it during the summer is to enclose an area where an art bazaar can be set up for display. The land in the back of lot, inside fence, will be fully landscaped - fareway style. KENAI PLANNING & ZONING COMMISSION Page 2 Commissioner Smalley stated that Father Targonsky had a concern regarding the sign. Was it going to be done tastefully. Mr. Peloza said the sign would be approximately 16" wide and 6 - 8' long. It will be done in log style to coordinate with the house. Mr. Peloza showed everyone a picture, recently taken, of a utility pole that stands on the property. He would like it removed.' Commissioner Scott stated that removing a utility pole should be taken care of by the utility company. Commissioner , Bryson agreed. Mr. Peloza said that whoever's problem it is it.,.,, has to come down and that he would pay for it himself if he has to. Mr. Peloza said that he will look into it and probably return to P & Z if needed. Commissioner Bannock sited the section of the code that refers to: set backs and approval by the Landscaping/Site Plan Review Board.' He asked who the Landscaping/Site Plan Review Board was. Bannock also stated that he does not feel it inappropriate to ask that .,ty.; the P & Z Commission see the sign before it is put up. Commissioner Bryson said that there used to be a Landscaping/Site, Plan Review Board but that it was no longer in existence. If there is anything that would need to be reviewed by that board it". should probably go to P & Z. Bryson also stated that Mr. Peloza1` was most likely aware of his property lines and set backs. Mr. Peloza noted that he was aware of the set backs. Commissioner Scott said that she is in full support of Mr. Peloza's idea and trusts him to execute the project in good taste` as discussed, protecting the integrity of the TSH Zone. Mr. Peloza said that the Commission will be very happy with the'` - results of his project. r MOTION AND VOTES Commissioner Bannock moved to accept Mr. Peloza's Application for.', Development in TSH Zone. Commissioner Graveley seconded. Passed unanimously. WA KENAI PLANNING & ZONING COMMISSION Page 3 b. Application for Lease - Lot 10, Block 1, Etolin Sub. #3 Commissioner Bannock noted the reference, in Mr. Smith's application, to an antenna. He asked if that was acceptable by FAA. Kim Howard said that FAA form 7460-1 would be filled out and sent to them. Commissioner Bryson asked what portion of the structure would be apartment. Mr. Smith stated that the apartment will be 1500 sq. feet. Bryson asked if the zoning allowed for an apartment as long as the primary use will be commercial. Jack La Shot said that as long as the primary use will be commercial, the apartment is acceptable. Commissioner Gravely questioned the 60 x 60 proposed future building, asking if this will be additional shop area. Mr. Smith stated that at this time that will be the intended use. Gravely stated that Mr. Smith would have to bring a proposal to P & Z at that time. Mr. Smith acknowledged this. MOTION AND VOTE: Commissioner Bannock moved to accept Mr. Smith's Application for Lease of Lot 10, Block 1, Etolin Subdivision No. 3. Commissioner Scott seconded. Passed unanimously. T 7. OLD BUSINESS a. Comp Plan - Economic Trends - 2nd Draft Commissioner Bryson noted that the Economic Trends section of the Comp Plan is being done by Loretta Harvey and since she is unavailable for comment this section should be set aside to discuss upon her return. La Shot mentioned that he had the maps that pertain to the Economic Trends available for viewing. La Shot said that he will also have some adjustments to make to the 4 section before the next meeting. 8. REPORTS a. City Council f Councilman Smalley discussed Resolution 91-8, supporting the development of a new courthouse in the City and agreeing to provide a site for that purpose. He said that the City has made no commitment to this project it is just being discussed. RENAI PLANNING & ZONING COMMISSION Page 4 } Smalley stated that by having a new courthouse the state offices that are spread through -out Kenai and Soldotna could all be housed in the old courthouse. There will be an informational meeting on April 4, 1991 at 7:00 p.m. in Council Chambers regarding the Fire Training Facility for anyone interested. UAA will be there to answer questions. The Agreement with HEA is being made in regards to street lights. It gives HEA the responsibility of repairing all of the City's street lights rather than having to contract out the metered lights. b. Borough Planning None c. City Administration None 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS a. Memorandum from Kim Howard - Public Land Use Issues & List of Lands Available for Public Purpose b. Council Action on Petition to Vacate Utility Easement,:,C.;`;, C. Kenai City Council Agenda - March 20, 1991 - [ 11. COMMISSION COMMENTS & QUESTIONS Commissioner Scott commented on Kim Howard's Memorandum regarding,': Public Land Use Issues - List of Lands Available for Public Purpose. She stated that it would be a good idea to know "what we really have out there". Kim Howard had a list available of f. the lands available for public purpose.'" Kathy Scott said that she may be out of town April 10, 1991. J J KENAI PLANNING & ZONING COMMISSION Page 5 12. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, x � 4 e "IP41 Kathy Viall for . - Loretta Harvey Transcribing secretary J E-� AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 17j 1991 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. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Kelly Gifford - City Park/Forest Drive C. PUBLIC HEARINGS 1. Resolution No. 91-14 - Transferring $2,256 in the General Fund for Lockers at the Recreation Center. 2. Resolution No. 91-15 - Awarding a Construction Bid in the Amount of $1,362,000.00 to G&S Construction for the Kenai Bicentennial Visitors and Cultural Center. 3. Resolution No. 91-16 - Transferring $22,000 in the General Fund for Additional Money in the Shop Budget. 4. Resolution No. 91-17 - Supporting the Borough -Wide Upgrade of the Present 9-1-1 Service to an Enhanced 9- - 1-1 System and the Borough's Funding Request as a Capital Improvement Program Through the Legislature. 5. Resolution No. 91-18 - Transferring $2,500 in the General Fund for Additional Postage. 6. Resolution No. 91-19 - Transferring $3,500 in the General Fund for Police Operating Supplies. -1- 7. Ordinance No. 1427-91 - Increasing Estimated Revenues and Appropriations by $244,000 in the General Fund for the Purchase of Property at the Site of the New Visitors and Cultural Center. a. *Transfer of Liquor License - The Upper Deck - From Louis B. & Therese Schilling to Louies & Terries, Inc. Same Location. 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 April 3, 1991. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1428 - Amending the Kenai Municipal Code, Title 2, Chapter 15, Entitled "Conformity to State.Liquor Laws" and Chapter 20, Entitled "Sales on Election Day." 4. *Ordinance No. 1430-91 - Increasing Estimated Revenues and Appropriations by $1,400 in the General Fund for Library Books. 5. Approval - Application for Lease/Lot 10, Block 2, Cook Inlet Industrial Air Park. 6. Discussion - Kenai Bicentennial Visitors and Convention Bureau Request for Funding ($10,000). 7. Discussion - Land Exchange/Lot 3, Block 4, Fidalgo Commercial Center and Lot 6, Block 4, Fidalgo Commercial Center. 8. Discussion - Appeal/Stephen's Alaskan originals - Setting Board of Adjustment Hearing Date, Time, and Place. 9. Discussion - "Blessing of the Fleet." I. ADMINISTRATION 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 (five minutes) 2. Council R. ADJOURNMENT -3- KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:04 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: Williams, monfor, Swarner, Walker, McComsey and Measles. Absent was Smalley. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: To H-2, Purchase Orders Exceeding $1,000 - Purchase Order to Ridgeway's, Inc. for addition plans and specifications for the STP Disinfection Facilities. ADD: To H-8, Discussion - appeal/Stephen's Alaskan originals: 1. KMC 14.20.290, Appeals - Board of Adjustment (incorrect copy was included in the packet). 2. 4/13/91 S. Dunn letter. 3. 4/16/91 S. McLane, McLane & Associates letter. 4. 4/10/91 D. Ames, USDI, National Park Service letter. 5. KMC 14.20.105, "Townsite Historic (TSH) Zoning District." 6. 4/17/91 Mr. & Mrs. William K. Rupe letter. ADD: Item H-10, Approval, Petition to Vacate - Tract 1, Jack Webb Subdivision, Sec. 1, T5N, R11W, S.M., Alaska. ADD: I-1,Mayor's Report - 4/15/91 W.F. Gunderson, Peratrovich, Nottingham & Drage, Inc. letter regarding Boat Ramp and Mooring Basin. ADD: Info Items: 8. 4/17/91 Bradley D. Gilman telefaxed Status Report. 9. 4/15/91 Ashley Reed memo to WJB regarding Budget Report. KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 2 10. 4/16/91 AML telefax, "Legislation Action Alert" regarding operating budget deliberations. 11. 4/12/91 AML Legislative Bulletin. REMOVE: H-6, Bicentennial letter (it was discussed during Work Session of 4/15/91. A-6. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: ADD: C-8, *Transfer of Liquor License - The Upper Deck - 4/11/91 Borough letter of non -objection to the transfer application. MOTION: Councilman McComsey MOVED to accept the Agenda and Consent Agenda as amended and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams requested that Item H-8 be heard after Item B-1 due to the amount of public present for that portion of the meeting. There were no objections. ITEM B. SCHEDULED PUBLIC COMMENT B-1. Kelly Gifford - City Park/Forest Drive Ms. Gifford stated that the Forest Drive Park cannot be used as a family park because of the people that stay there. The people using the park stay longer than the three-day limit. They move from camping spot to camping spot in order to avoid the three-day limit. Ms. Gifford would like the Council to close the park to camping and allow only cookout -type use. Gifford also suggested that at a future time, half the trees could be removed and grass planted to allow a play area where playground equipment could be placed for family outings. Gifford stated that if Council requires a petition in order to have the park closed to camping, she feels sure that signatures would be easy to get. She knows of many people who would like to have the park closed to camping. KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 3 Councilwoman Monfor stated that she thought such a closing was discussed about two years ago. Parks & Recreation Director McGillivray stated that it had been discussed. However, since this park was the only camping park available at the time, Council decided to leave the park open to camping. Mayor Williams suggested that one-night camping be allowed. Gifford stated that she would rather not have anyone camping in their subdivision. Williams stated that there are other problems with the land and that the State will be making a determination in the future. McGillivray was requested to check on any advertising made by the Chamber or Bicentennial as to free camping in the City and bring that information to Council for the May 1, 1991 meeting. The subject is to be placed on the agenda for discussion at that meeting. H-S Discussion - Appeal/Stephen's Alaskan Originals - Setting Board of Adjustment Hearing Date, Time, and Place. Mayor Williams stated that Mr. Peloza made a request to Planning & Zoning Commission to open an art gallery in Old Town. There has been lots of discussion in the community regarding P&Z's decision. At the last Council Meeting the Council requested that the Planning & Zoning Commission hear Mr. Peloza's request a second time as Mr. Peloza discussed plans at the Council Meeting that he wanted to include in his business which he did not discuss with P&Z. At that second hearing by the P&Z Commission, 16 members of the community spoke: seven in favor, seven against, and two in the middle. P&Z upheld their decision to Mr. Peloza's request to open the art gallery based on what was stated on specific items listed on his application (fence, sign and art gallery in the building and use of outside easels). Two appeals have been received by the Clerk's office of P&Z's decision. After P&Z made their decision to uphold their previous determination, persons present asked how they could appeal. They were told that anyone can make an appeal to the Council. They were told that an appeal could not be heard by Council in April due to time restraints in allowing for notification of adjoining property owners of the appeal. An appeal is made to the Council acting as a Board of Adjustment as stated in KMC 14.20.209. At this time, a date, time and place, must be determined for the Board of Adjustment to hear the appeal. KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 4 Attorney Graves stated that notification can be sent out to hear the appeal by May 1, 1991. It was asked if the Board of Adjustment had to meet on the same evening as a Council Meeting. Answer was no. MOTION: Councilman Measles MOVED to set a hearing for Tuesday, April 30, 1991 at 7:00 p.m. in the Council Chambers and Councilman McComsey 09CONDED the motion. There were no objections to the motion. SO ORDERED. The Board of Adjustment will meet on Tuesday, April 30, 1991 at 7:00 p.m. There was no further discussion of this item. Williams thanked those in the audience who were present. Williams acknowledged that the Kenai Natives Association, Inc. presented their Resolution No. 91-1 prior to the start of the meeting. ITEM C. PUBLIC HEARINGS C-1. Resolution No. 91-14 - Transferring $2,256 in the General Fund for Lockers at the Recreation Center. MOTION: Councilman McComsey MOVED for approval of Resolution No. 91-14 and Councilman Measles SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. There was no public comment. Councilman Walker objected to Unanimous Consent. Parks & Recreation Director McGillivray stated that the -lockers are full length. VOTE: Williams: Yes Monfor: Yes Smalley: Absent MOTION PASSED. Walker: No Swarner: Yes Measles: Yes Mccomsey: Yes KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 5 C-2. Resolution No. 91-15 - Awarding a Construction Bid in the Amount of $1,362,000.00 to G&S Construction for the Kenai Bicentennial Visitors and Cultural Center. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 91-15 and Councilwoman Swarner SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. There was no public comment. Councilman Walker stated his objection to Unanimous Consent. Walker objects to that quantity of money being spent on the project. VOTE: Williams: Yes Walker: No Swarner: Yes Monfor: Yes Measles: Yes Mccomsey: Yes Smalley: Absent MOTION PASSED. C-3. Resolution No. 91-16 - Transferring $22,000 in the General Fund for Additional Money in the Shop Budget. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 91-16 and Councilman Walker SECONDED the motion. There were no public or Council comments. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections to the request. SO ORDERED. C-4. Resolution No. 91-17 - Supporting the Borough -Wide Upgrade of the Present 9-1-1 Service to an Enhanced 9- 1-1 System and the Borough's Funding Request as a Capital Improvement Program Through the Legislature. MOTION: Councilman Measles MOVED for adoption of Resolution No. 91-17 and Councilman Walker SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no public or Council comments. There were no objections. SO ORDERED. RENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 6 C-5. Resolution No. 91-18 - Transferring $2,500 in the General Fund for Additional Postage. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 91-18 and Councilman McComsey SECONDED the motion. There were no public comments. Councilman McComsey asked if this amount of money will be enough for the rest of the year. Finance Director Brown stated it would. Councilwoman Swarner asked about the Caucus postage amounts. Clerk Freas stated that the amount of postage depended on the size of the packets mailed. There are approximately twenty packets mailed. Freas stated that she was told by Soldotna City Manager Underkofler that the City can be reimbursed for those charges. Freas has not requested reimbursement as she had not been directed to ask for it. Freas is to check on whether reimbursement can be made. VOTE: There were no objections to the motion. SO ORDERED. C-6. Resolution No. 91-19 - Transferring $3,500 in the General Fund for Police Operating Supplies. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 91-19 and Councilman Measles SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or Council comments. There were no objections to the motion. SO ORDERED. C-7. Ordinance No. 1427-91 - Increasing Estimated Revenues and Appropriations by $244,000 in the General Fund for the Purchase of Property at the Site of the New Visitors and Cultural Center. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1427-91 and Councilman McComsey SECONDED the motion. There was no public comment. Councilman Walker stated that he does not support this ordinance. In checking the paperwork that he could find and speaking with other people, there was never any KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 7 mention to purchasing the property. The project is getting bigger and bigger and more expensive for the City. He does not support this at this time. VOTE: Williams: Yes Monf or : Yes Smalley: Absent MOTION PASSED. C-8. Transfer of Liquor Louis B. & Therese Same Location. Approved by Consent Agenda. BREAK - 7:45 P.M. RETURN TO ORDER - 8:05 P.M. Walker: No Swarner: Yes Measles: Yes Mccomsey: Yes License - The Upper Deck - From Schilling to Louies & Terries, Inc. At this time Sue Carter of the Kenai Bicentennial Visitors & Cultural Center presented a quilt that was presented earlier to Mayor Williams during the Chamber luncheon. The quilt was made by six Nikiski residents as a "gift of love." There will be other quilts presented. One will be from the Kenai Senior Citizens. Carter stated that there has been lots of positive input from the area. There will be Bicentennial logos on Coca Cola cans and on Matanuska Mail milk cartons in the near future. She believes that the quilt represents recognition of the Bicentennial by all. ITEM D. COMMISSIO&COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported that there was no meeting of the Council on Aging. There was a meeting with the Architect for the Congregate Housing project last Friday. The plans were reviewed, along with the appliances and materials to be going into the building. Kornelis has those plans in his office for review if anyone is interested. Swarner stated that there are lots of comments written in on the plans. KENAI CITY COUNCIL MEETING MINUTES APRIL 17t 1991 PAGE 8 D-2. Airport Commission Councilman Measles stated that a quorum was not available at the Commission's last meeting time. No meeting was held. D-3. Harbor Commission Councilman Walker stated that he was unable to attend the Harbor Commission meeting as he was out of town. Kornelis stated that the Commission had no meeting as there was no quorum. Only two Commission members came for the meeting, plus the contract secretary. D-4. Library Commission Councilwoman Monfor stated that there was no meeting as there was no quorum. Monfor also stated that this is Library Week and next week is Volunteer's Week. Also, the Library continues to be open on Sundays through April. D-5. Parks & Recreation Commission McGillivray stated that there was no meeting due to a lack of a quorum. Williams referred to the resignation of Commissioner Hansen from the Parks & Recreation Commission. Williams and McGillivray are to confer regarding filling that vacancy. Councilman Measles stated that there are two vacancies on the Airport Commission. Williams is to endeavor to fill those vacancies. D-6. Planning & zoning Commission Williams stated that Councilman Smalley was absent tonight. A memo was included in the packet with regard to actions taken at the P&Z meeting. Discussion had already taken place this evening regarding the Peloza application. D-7. Miscellaneous Commissions and Committees Councilwoman Swarner stated there was no Beautification Committee meeting due to lack of a quorum. Councilwoman Monfor brought to the Council's attention banner designs which she received and would like to order for placement this summer. Monfor reminded Council that she requested that $7,000 be placed in the Parks & Recreation budget for banners. These banners are very nice. The KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 9 fabric is strong and different than those used before and should be able to withstand the winds. The company name is High Flying Banners. Finance Director Brown stated that the money is in the account. A "not -to -exceed" should be placed on the purchase order and the purchase order can be done in-house, with Council's consent without bringing it back to the next Council meeting. Monfor stated that it will take approximately three to four weeks to receive the banners. The hardware comes with the banners. Councilwoman Swarner suggested using wooden hanging signs from Warning Lights of Alaska instead of banners. Their cost per sign is $125.00 with brackets. Williams stated that he believed Council was moving toward banners instead of signs. Councilman Walker asked that a resolution be brought back to the next meeting. MOTION: Councilwoman Monfor MOVED to approve a purchase order for a not - to -exceed amount of $7,000 to purchase banners from High Flying Banners. Councilman Measles SECONDED the motion. UNANIMOUS CONSENT was requested. Councilman Walker objected to that request. VOTE: Williams: Yes Walker: No Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Absent MOTION PASSED. ITEM E: MINUTES E-1. Regular Meeting of April 3, 1991. Approved by Consent Agenda. ITEM F: CORRESPONDENCE There was no correspondence. 0 KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 10 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 McComsey MOVED to pay the bills and Councilman Measles SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections to that request. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilman McComsey MOVED to approve the purchase orders exceeding $1,000 and amend the list by adding the purchase order to Ridgeway's, Inc. for $1,214.70. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1428 - Amending the Kenai Municipal Code, Title 2, Chapter 15, Entitled "Conformity to State Liquor Laws" and Chapter 20, Entitled "Sales on Election Day." Approved by Consent Agenda. H-4. Ordinance No. 1430-91 - Increasing Estimated Revenues and Appropriations by $1,400 in the General Fund for Library Books. Approved by Consent Agenda. H-5. Approval - Application for Lease/Lot 10, Block 2, Cook Inlet Industrial Air Park. A lease application was included in the packet from Jova Enterprises, Inc., d/b/a Hertz for Lot 10, Block 2, CIIAP. A memo regarding this application was included with the application. Mr. Knopper (Jova Enterprises) was in the audience KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 11 MOTION: Councilman Walker MOVED for approval of the application for lease of Lot 10, Block 2, CIIAP and Councilwoman Swarner SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-6. Discussion - Kenai Bicentennial Visitors and Convention Bureau Request for Funding ($10,000). Removed from Agenda. H-7. Discussion - Land Exchange/Lot 3, Block 4, Fidalgo Commercial Center and Lot 6, Block 4, Fidalgo Commercial Center. Mayor Williams stated that this item was brought before Council previously when discussing the proposed Court House. Prior to that discussion, Mr. Jefferson asked the Mayor if he could transfer Lot 3 for Lot 6. Williams suggests appraisals be done by both the City and Mr. Jefferson and a swap, value -for -value be done. This would put into play three lots that may become available for the court house. Williams added that KMC 22.06.070 allows for land exchanges. A memorandum from Kim Howard was included in the packet, as well as a memo from Attorney Graves and a letter of request from Mr. Jefferson. Councilwoman Swarner stated that she sees no necessity to go ahead with this exchange at this time. MOTION: Councilman Measles MOVED to direct administration to proceed with the land exchange and Councilman McComsey SECONDED the motion. VOTE: Williams: Yes Walker: No Swarner: No Monfor: Yes Measles: Yes McComsey: Yes Smalley: Absent MOTION PASSED. KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 12 MOTION: Councilman Walker MOVED for approval of the application for lease of Lot 10, Block 2, CIIAP and Councilwoman Swarner SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. H-6. Discussion - Kenai Bicentennial Visitors and Convention Bureau Request for Funding ($10,000). Removed from Agenda. H-7. Discussion - Land Exchange/Lot 3, Block 4, Fidalgo Commercial Center and Lot 6, Block 4, Fidalgo Commercial Center. Mayor Williams stated that this item was brought before Council previously when discussing the proposed Court House. Prior to that discussion, Mr. Jefferson asked the Mayor if he could transfer Lot 3 for Lot 6. Williams suggests appraisals be done by both the City and Mr. Jefferson and a swap, value -for -value be done. This would put into play three lots that may become available for the court house. Williams added that KMC 22.05.070 allows for land exchanges. A memorandum from Kim Howard was included in the packet, as well as a memo from Attorney Graves and a letter of request from Mr. Jefferson. Councilwoman Swarner stated that she sees no necessity to go ahead with this exchange at this time. MOTION: Councilman Measles MOVED to direct administration to proceed with the land exchange and Councilman McComsey SECONDED the motion. VOTE: Williams: Yes Walker: No Swarner: No Monfor: Yes Measles: Yes McComsey: Yes Smalley: Absent MOTION PASSED. KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 13 H-S. Discussion - Appeal/Stephen's Alaskan Originals - Setting Board of Adjustment Hearing Date, Time, and Place. Discussed after B-1 on Agenda. H-9. Discussion - "Blessing of the Fleet." Public Works Director Kornelis stated that the Harbor Commission got involved with the proposed "blessing of the fleet." They planned to have some of the local churches bless the fleet as they proceed by the City dock. Kornelis referred to his memo, a proposed form letter from Barry Eldridge and a memo from Attorney Graves which were included in the packet for background information. The letter from Mr. Eldridge is an invitation to fishing associations to participate in the "blessing of the fleet." The Harbor Commission was unable to discuss the attorney's memo due the fact that there was no quorum to have the meeting. Kornelis suggested Council ask the Harbor Commission and City to go ahead with the idea, do not go ahead with the idea, or do not comment or discuss and drop the idea. Williams asked if the Harbor Commission wants to participate officially. Answer was yes. Williams suggested that the Harbor Commission associate as an unofficial organization and arrange with another organization to conduct the blessing. Attorney Graves stated that he did not think the Harbor Commission can unofficially organize the blessing. Williams stated that if the members of the Harbor Commission and members of the community choose to be at the harbor at a certain time, he did not think any harm would come of that. City Manager Brighton stated that Attorney Graves.is not objecting to the "blessing of the fleet," only the City's involvement in it. Williams suggested that the Harbor Commission contact him and he will send out the invitations on his own letterhead. Williams was asked if his letterhead has his title as "Mayor" on the letterhead. Answer was yes. Williams would still be representing the City and could not use that letterhead. Councilwoman Swarner suggested that the Bicentennial office send out the invitation. Councilman Measles suggested that the Harbor Commission contact the fishing associations and have them organize the blessing. Williams thought it a good idea to organize through the Bicentennial office. Councilman Walker stated that he does not KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 14 object to the "blessing of the fleet." Walker does not agree with the opinion of the attorney. As the Ad Hoc member of the Harbor Commission, he requested an official directive from Council. Williams stated that the Harbor Commission be informed that the City of Kenai and the official Harbor Commission should not participate officially in the "blessing of the fleet" and suggests that the Harbor Commission members, individually, discuss the matter with the Bicentennial office and make arrangements in that manner. Attorney Graves stated that the point of his memorandum is that as long as the City does not organize, it is not getting involved in a religious event. If the Bicentennial wants to organize the event, that is their business. Williams asked if the Council agreed. Answer was yes. H-10. Approval - Petition to Vacate: Tract 1, Jack Webb Subdivision, Sec. 1, TSN, R11W, S.M., Alaska. This item was added to the agenda. It was noted by memo of Administrative Assistant, Loretta Harvey, that the.Planning & Zoning Commission made no recommendation and requested that this item be discussed and approved by the Parks & Recreation Commission prior to coming to Council for approval. Parks & Recreation Commission did not make a recommendation to this petition to vacate as there was no quorum for their meeting and the meeting was canceled. Mr. Huff of Kim-N-Ang Court (person requesting the vacation) spoke to Council. Mr. Huff stated that the Borough Planning & Zoning has no problem with the vacation. He added that the Department of Fish & Game requested the Borough to withhold a certain portion for a pathway to Beaver Creek for people going fishing. Huff stated that the City of Kenai has no property within walking distance of the property. The nearby camper park would use this area for fishermen to meet guides. Huff feels there is no practical purpose for allowing the easement. The property is wetlands on two sides, alder bushes and knee deep mud would prevent use on another side. A person would have to go on private property to get onto the easement and there would be parking problems. Also, who would maintain the walkway. Huff feels there are adequate points of access to the Creek in other KENAI CITY COUNCIL MEETING MINUTES APRIL 171 1991 PAGE 15 places. Huff stated there are three other accesses to the creek besides City property. Huff feels the easement for the walkway is not necessary or practical. Councilman Walker stated years ago there was a trail to the creek. Huff stated it was a BLM survey path and it is not really a trail. MOTION: Councilman McComsey MOVED to approve the petition to vacate of easement on Tract 1, Jack Webb Subdivision, Sec. 1, T5N, R11W, S.M. and Councilwoman Monfor SECONDED the motion. MOTION TO AMEND: Councilman Walker MOVED to amend to approve the easement and at - the same time follow the Department of Fish & Game's recommendation for the Borough to provide a trail easement for a foot path ten feet wide. AMENDMENT DIED DUE TO LACK OF SECOND. Councilman McComsey called for the question. VOTE ON ORIGINAL MOTION: Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Absent MOTION PASSED UNANIMOUSLY. ITEM I. ADMINISTRATION REPORTS Mayor Mayor Williams introduced plans submitted to him by Peratrovich, Nottingham & Drage in regard to a proposed Kenai Boat Ramp. Williams stated that their plan centers around dredging the wetlands instead of filling them. The proposal includes a 100 slip wet boat basin, instead of a large parking lot and ramp. It is believed the Corps of Engineers will like this idea better. Williams cautioned the Council saying there are two steps they need to take. First, decide whether they want to pursue this KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 16 type of arrangement. If yes, Council needs to prepare a submittal to the Corps. If the Corps approves, funding for the $1.5 million project will be needed. Williams suggested that the funding could come from the federal government, city and state. Williams asked if Council wants to pursue the application to the Corps. Councilman McComsey questioned the positioning of their proposed project and the problem of siltation coming from the tides. Williams stated that Peratrovich addressed this concern by developing a basin where the silt will flow in and out with the tides. Williams added that many of these questions would have to be answered by the engineer in the future. Councilwoman Swarner asked how much it will cost to acquire the permit. Williams stated that Nottingham has stated in an official manner in another arena that it could cost up to $40,000. swarner stated that she would like to know if the City would have to pay for the work to acquire the permit, if the permit cannot be acquired. Monfor, and McComsey agreed. Councilman Walker for clarification as to whether the City intends to continue to pursue their other ramp at $250,000. Walker believes this design is nice, but for lots of boats. Councilman Measles stated that the design would not need to be utilized as this. Measles stated that the design is to help get around legal hassles of the permitting. Kornelis stated that navigable rivers permit would also need to be acquired as a navigable estuary will be created. Williams stated that it is an interesting concept. Williams wanted to point out that the design triples the proposed cost. Adding, Council should keep in mind another potential development by Fish & Game on the oberts property. Councilmembers McComsey and Measles stated this proposal by Nottingham, Peratrovich & Drage should be pursued. Mayor Williams is to find out what it will cost to pursue the acquisition of the Corps permit and what it will cost if the permit cannot be acquired. I-2. City Manager No report. KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 17 I-3. Attorney No report. Attorney Graves will be taking a vacation late in July and early August. He will not miss any council meetings. I-4. City Clerk No report. I-5. Finance Director No report. I-6. Public Works Director Kornelis reported that they are advertising for bids for the Sewer Treatment Plant upgrade. The bid opening is scheduled for May 15. He will place a blank resolution in the packet and bring the completed resolution to the meeting. Kornelis reported that the building on Cook Inlet Drive was contracted out to have it torn down. The contractor has moved out of state. He has sent a letter to the contractor. He hopes to hear back from him soon. Kornelis added that the street sweeper has been working for more than a week. I-7. Airport Manager No report. Mayor Williams asked Council if they wished to comment on Information Item No. 6 regarding Echo Lake Lockers. Answer was no. ITEM J. DISCUSSION J-1. Citizens (five minutes) No comments. KENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 18 J-2. Council Walker - Referred to Information Item No. 11, the AML Legislative Bulletin. Many of the items AML has lobbied for are included in this Bulletin. Walker was in Juneau last week to attend Legislative Committee meetings. There is not much money coming out of the Capital. Walker stated that he spoke with several representatives regarding the Congregate Housing project. Their response is that the City will probably not get the money now. He got the same response from administration. Walker stated that during the meeting $244,000 was appropriated to purchase of property, $1 million bid was let for a building probably not needed that badly. More help is needed on the roads. Swarner - Reported that she was in Juneau last week for Legislative Committee meetings also. She met with Navarre on Wednesday and discussed the City with him. Bicentennial mugs and maps were distributed. She met with Representative Phillips and talked about congregate housing and Thompson Park. She discussed with Phillips the first priority, municipal assistance. City Manager Brighton asked if in meeting with Navarre, if his opinion of the Congregate Housing project was the same. Swarner stated it was the same as it has been. Navarre did not come out and say he was or was not for the project. Swarner stated she spoke with Ashley Reed and he assured her the City will get the money for the housing project. Monfor - Stated that the $800,000 for the visitors center is federal grant money. Also, she believes the roads are great compared to the Spur Highway. Measles - Requested a follow-up report from Kornelis if the Spur Highway project schedule for widening has changed. Kornelis stated no. There has been a change in the supervisor of maintenance. Kornelis stated that soils sampling has been started. He is not aware of the State approaching property owners regarding acquisition of property. Kornelis will call the States project manager and check on the project scheduling. Kornelis added that the State has plans to put a traffic signal at Forest. It will be paid for with federal safety monies. McComsey - No report. RENAI CITY COUNCIL MEETING MINUTES APRIL 17, 1991 PAGE 19 Williams - Reported he will be in Juneau next week to attend AML Board of Directors' meetings. Will be meeting with the Chair of the Capital Finance portion of the budget on Tuesday and with Ashley Reed. ITEM R: ADJOURNMENT The meeting adjourned at 9:20 p.m. Minutes transcribed by: Carol L. Freas, City Clerk (4/24/91) w U # # V « o M �•'� w w H « N w # # # w « # w « « « « M w M # w # « w « N w # # # w # « M w # lx� IN w # .7 M O w O 01 f� Yl OO « # A w O # v # .'7C w rn s••a �'a ao c� # X # m # # # # V• N ao �! O w w # # M w # # w # w M # M # « « w # M # w # # w M M w w # M w w « M # w # M # « # w w w sq a w « # w # # m # # M w hi O M w r7 va w w R. « E w E E H # E# h a E a « .P. « O w va w o H a a « w « o w 7C U # a CU V -a U pq rQ'. A 'Z # # a w w M # w w # t w w « M # « w # w « # # w « « # « w w # # w # w w # w w w cj # w w w w # # M a4 m `c1 M w w # « # w « pq # # x w « w E w x# m PG w w E w x w w m # # W « « # c# # O H O H x m CAPC H O w w w « LL. w rL, pq « c� a X a o4 as # a« O w w # w # # # « w w w w # M w w # w w # O # w w w H E « « w w w w w « R w w # « H W « # « w M w w w FC H E # w M « w w M « W A C3 O w w « « m « w M « E a « « as v a d va « « o M w E m U en p H # w a O w « w « ►C R x « �" « A• « •�C h oG � s U �„� H A w E « O H .K PG U w V « H a E. 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PC W Z z a a t 7 N H N a x N tee N o d E E+ aM H # A# x a H E a o, O # N N • O # N O z M t>• N N o a S # N 9=1 x ~ E w •• y W # N # N a O va W 5 0 o to U'00 a z N N U U y a z g= F-1 a N N 7r Pti C1' H p W w �. W pq w V] a N # N N U a W H O ~ U N O N W a CJ U a s N z N a w to ra , M U N y N U x ,Zr E E Suggested by: Administration City of Kenai ORDINANCE NO. 1431-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE TABLES REFERRED TO IN THE PERSONNEL REGULATIONS (TITLE 23) TO ESTABLISH A NEW SALARY STRUCTURE BY GRADE AND NEW HOURLY RATES FOR PART-TIME EMPLOYEES. WHEREAS, the Personnel Ordinance, KMC 23.55.020(a) and 23.55.050, specifies that the tables establishing salary structure by grade and hourly rates for part-time employees may be replaced by ordinance, and; WHEREAS, due to inflation occurring over the last year, it appears equitable that the salary structure by grade be increased by 6%, and that the hourly rates for part-time employees (excluding job training classes) be increased by 6%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the attached tables identified as "Salary Structure by Grade" and "Part -Time Hourly Rates" replace those corresponding tables that presently appear in the Personnel Ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI,. ALASKA, this 15th day of May, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk First Reading: May 1, 1991 Second Reading: May 15, 1991 Effective Date: July 1, 1991 Approved by Finance: (fGi (4/22/91) kl H MN00'-4waLO LOaLO.tNtO.700NMO,, all 0 -000r-4 d1 00 O O .t M r-i Lo W f\ -Cf 1-1 01� M M O r- 0% N n H t0 M O N OOtOON m00MO%t0SMN enLoco1-ItOMOOONtON U to O� t0 n O; O N cl if ) n Qt r Cl M r O N If') 00 n ri r-t N N N M M M M M CV) .t .t .t .t t0 to 1M 1M t0 t0 to n n 00t0.t 011n00ri1, ntOLntO CV) tONr�M%00%011 r-Im Quo .'tCD LOtoNt000nNt0011 CV) M00t-♦NQ1nt0M MNNn P� tD O m 1� r-i t0 N m 1.0 .t .t .t tO w r-4 M r-4 00 1� 1� w ri t0 C17 l0 00 to rz 00 O t-1 M .t tO 00 O N .t 10 Ot ri .t 10 01 Cl; M O; N rl r-1 N N N M M M M M M .t IT .t d .t M tM to tM t0 tD t0 n M O O (7% W t0 W WON r-i r--1 O n -4 N O t0 W W n n M M +-1 M M N to t0 M N tP) N Q .t NM n rl tM O tO t-i 00 t0 tO MtD 00 O.t O to-T M.t t0 r-1 Q tM 00 tM tp 00 0 r-1 N .t tP) n 0- ri M tM 00 O M 1l') 00 14.t 1�- r-i r-I 14 N N N N M M M M M M d It .t IT M 1P) M tO t0 t0 t0 n 00.tt0tOlM.TMr-1HtM1\Mnna1rGNO 0'%1\ rinl\cn n r4 .t a� O 00 M t0 .t O tO -4 N 00 N M (7% 1\ d O*' t0 N 00 00 O 00 as 1-4 tO 00 M 00 .'r ri 00 n t0 tp 00 O M 00 .T ri O O ra tM Gr lO n t tD P 00 O rl cl tM t0 00 O N .t 1\ O 1 .t n O cl t0 C ri -4 N N N N Ct'f M M M CM M d .T .t .t d M tO tM t0 t0 t0 t0 M 00 N M .t " O% M W 1M M M -U 00 .t N r-I n 0*1 t0 to t0 1.0 Ih .t r-i Oli r-i 01% .t M Ln (7% N M tM N M N ON O r-1 M N N N 1-1 M 1` .t M t0 00 N t4 ri t0 M O 00 n n 00 CIN M n N ON n t0 n O W .t n .t tM ll 00 C r i N .t 10 n O� - M lO 00 (:M tO 00 r-1 .7 00 ri 14 N N N N N M M M m m M -d -d .T .t tO Ln tM tO t0 tD t0 00 N O r-i M O tO lO tO tO 01% tO r-i O1 m n M .t O� tM r-i tM tO ri O N tM M 00 O 00 .T tO .t " 01) N 00 N .T O to N to 0.1 N .T 01 .t O 00 O N tO a% .T ON tO NC� 00 n 00 0-1 N M O t0 M N N t A 7 r C) N 1.0 n O O t M tO tD 00 O N .t - 01 N .t 1` O M W r l ri N N N N N M M M M CM M 7 z .7 .T .T U') tO to t0 t0 tp C+" 1 t0 .t (7, N 00 ri n N tO O tO M O N " M ­4 � d t0 .t .T 1P) I� N 00 IT n tM r-1 M 1-4 t0 O M r-I d M O O r-i -1 00 tM N r- .t (T O t0 N d t0 o-, en M1 N n .t H O1 00 00 O-, r-i .t 00 M O 00 n 0) M U .T t0 Ct'1 .t tO t0 00 Ol� 111 N .t 1.0 n O+ -4 M t0 00 O M t0 00 r-! .t 1-1 14 N N N N N N M cn M M M M .t .t .t .t tM tO tO tM to t0 00 O O n ra %.0 n O� 011 to -4 tM tO r-i tp r- n a0 0 N M r--I M M � 1 W M M cn t0 tD r-i M N -.0 00 00 n r-1 tT Ct9 1P) O to O r-i N CV O a1 Ea A 11 Cl! 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Pa Suggested by: Public Works Director City of Kenai ORDINANCE NO. 1432-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 23.55.040(a) BY INCREASING THE UNIFORM ALLOWANCE FOR EMPLOYEES IN THE ANIMAL CONTROL DEPARTMENT TO $500 PER YEAR. WHEREAS, the present $300 annual uniform allowance for employees in the Animal Control Department is insufficient to adequately maintain a set of uniforms, and WHEREAS, the Public Works Director has requested that the allowance be increased to $500 per year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.55.040(a) is hereby amended as follows: 23.55.040 Uniform Allowance: (a) The following annual allowances are established to defer the cost of uniform cleaning, maintenance, and replacement for second and succeeding years of service: Police - $600 Animal Control - [$300] 500 Fire - $400 Dispatch - $300 Payment shall be made in advance in July and January installments. (Ord. 1047) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk First Reading: May 1, 1991 Second Reading: May 15, 1991 Third Reading: July 1, 1991 Approved by Finance: (4/22/91) kl H,4 u-� Suggested by: City of Kenai ORDINANCE NO. 1433-91 Fire Chief and Public Works Director AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 23.50.010(c) AND (d) BY ADDING NEW JOB CLASSIFICATIONS ENTITLED "BATTALION CHIEF" AND "ANIMAL CONTROL OFFICER." WHEREAS, the Fire Chief has requested that a new position be created called "Battalion Chief" that will be responsible for employee training, and WHEREAS, the "Battalion Chief" position will be a pay range 17, which is the same as the current "Fire Marshall" position which will remain temporarily vacant, and WHEREAS, the Public Works Director has requested that the current "Department Assistant II" position in Animal Control be reclassified as "Animal Control Officer" at the same pay of range 7. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010(c) and (d) are hereby amended as follows: CLASS CODE CLASS TITLE RANGE (c) PUBLIC SAFETY 301 Assistant Fire Chief 18 302 Fire Fighter 13 303 Police Lieutenant 18 304 Police Sergeant 16 305 Police Officer 14 306 Dispatcher 8 307 Fire Engineer 15 308 Correctional Officer I 11 309 Correctional Officer II 12 310 Correctional Officer III 14 311 Fire Captain 16 312 Fire Marshall 17 313 Communications Supervisor 11 314 Police Trainee 13 315 Battalion Chief 17 Ordinance No. 1433-91 Page Two CLASS CODE CLASS TITLE RANGE (d) PUBLIC WORKS 401 Building Inspector 15 402 Shop Foreman 16 403 Street and Airport Foreman 15 404 Sewer Treatment Plant Operator I 13 405 Water & Sewer Operator I 12 406 Mechanic Helper 12 407 Equipment Operator I** 11 408 Mechanic 14 409 Street and Airport Leadman 12 410 Water & Sewer Foreman 13 411 Chief Animal Control Officer 10 412 Maintenance Worker 10 413 Sewer Treatment Plant Operator II 14 414 Sewer Treatment Plant Operator III 15 415 Animal Control Officer 7 **Duties include any activities directed for maintenance of City properties in addition to equipment operation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk First Reading: Second Reading: Effective Date: Approved by Finance (4/22/91) kl May 1, 1991 May 15, 1991 July 1, 1991 N-6 Suggested by: Public Works Director City of Kenai ORDINANCE NO. 1434-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $254,545 IN THE SEWER TREATMENT PLANT MODIFICATIONS - 1990 CAPITAL PROJECT FUND. WHEREAS, the Public Works Department is proposing to make modifications to the sewer treatment plant, including construction of a disinfection facility, and WHEREAS, the project is designed and the bidding process has begun, and WHEREAS, the project budget is $1,277,455, and the Public Works Director estimates that an additional $254,545 will be needed for inspection and construction, and WHEREAS, monies are available in the water and sewer special revenue fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Water and Sewer Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance 254 545 Increase Appropriations: Sewer Treatment - Transfers 254 545 STP Modifications - 1990 Increase Estimated Revenues: Transfer from Water and Sewer Fund 1Z51r==5=45 Increase Appropriations: Inspection $ 54,545 Construction 200,000 254 545 Ordinance No. 1434-91 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of May, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk First Reading: May 1, 1991 Second Reading: May 15, 1991 Effective Date: May 15, 1991 Approved by Finance: (4/25/91) kl d , 7 Suggested by: City Counci CITY OF KENAI ORDINANCE 1435-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADDING A NEW CHAPTER TO THE MUNICIPAL CODE PROVIDING FOR A HOTEL/MOTEL ROOM TAX. WHEREAS, the Kenai City Council has appropriated substantial sums of money to promote economic development and tourism within the City, and WHEREAS, the beneficiaries of the development and tourism include the hotel/motel industry; and WHEREAS, the City Council desires to levy a tax on hotel/motel room rentals, and may at its discretion appropriate revenues from the tax for further economic development, tourism promotion, or other functions; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Code of Ordinances is hereby amended by adding a new chapter to be numbered 7.12 which shall read as follows: Chapter 7.12 HOTEL/MOTEL ROOM TAX Sections• 7.12.010 Definitions. 7.12.020 Applicability of tax. 7.12.030 Responsibility for payment --Collection. 7.12.040 Rental tax records and receipts. 7.12.050 Confidentiality of returns. 7.12.060 Certificate of Registration. 7.12.070 Collections --Prohibited acts. 7.12.080 Rulings and Regulations. 7.12.090 Violation --Penalty. 7.12.010 Definitions. For the purpose of this chapter the following words are defined as set forth below: (a) "City" means the City of Kenai. (b) "Guest" means an individual, corporation, partnership, or association paying or agreeing to pay monetary consideration for the use of a room or rooms in a hotel/motel or other commercial sleeping accommodations. (c) "Hotel/Motel" means a structure or portion of a structure which is occupied or intended and designed for occupancy by transients for dwelling, lodging or sleeping purposes and includes hotel, motel, bed and breakfast, inn or similar structure, but excludes a structure or part of a structure rented, or offered for rent solely in connection with a principal business or institutional purpose other than providing meals, lodging, entertainment or recreation; for example, a hospital or university dormitory. (d) "Operator" means a person and/or entity who furnishes, offers for rent or otherwise makes available rooms in the City in a hotel/motel for monetary consideration whether acting directly or through an agent or employee. (e) "Rents" means the amount paid as monetary consideration for the use of a room or rooms in a hotel/motel or other commercial sleeping accommodations. (f) "Transient" is a person who occupies or rents a suite, room or rooms in a hotel/motel for fewer than thirty (30) consecutive days. 7.12.020 Applicability of tax. The tax shall be applicable to all transient hotel/motel room rentals unless the guest is exempt from paying sales tax under provision of Title 5, Chapter 18 of the Kenai Peninsula Borough Code of Ordinances. The tax shall be on the daily rate charged for each such hotel/motel room rented for each twenty-four hour period or portion thereof. The tax shall be five dollars ($5.00) for each daily rate charged to the transient guest. The tax due on a hotel/motel room rented for a single block period covering a rental period of more than one day shall be five dollars ($5.00) times the number of daily rates which would ordinarily be charged for the block period. For example, the tax due on a hotel/motel room rented for a block period of one week at a single rate for one week shall be seven (7) times five dollars ($5.00). 7.12.030 Responsibility for payment --Collection. (a) Each transient guest is responsible for the room rental tax imposed by this chapter, and the tax shall be due and payable at the time rent is paid. All unpaid tax shall be due when the transient guest ceases to occupy or use space in the facility. (b) Every operator and/or owner renting rooms subject to taxation under this chapter shall collect taxes from transient guests at the time of collection of room rental and shall transmit the same quarterly to the City. The tax imposed shall be shown on the billing to the guest as a separate and distinct item. 7.12.040 Rental tax records and receipts. (a) Title to the rental taxes collected pursuant to the chapter shall vest in the City upon collection. Such taxes shall be safeguarded until transmitted to the City as hereinafter provided. On or before the last day of the month following the end of each quarter, all operators shall prepare and submit a return furnished by the City for the preceding quarter to the Finance Department of the City. In addition, the operator may be required to submit such books and records as necessary to substantiate the amounts shown on the return. (b) The operator shall sign the return and transmit it together with applicable taxes on or before the due date. If taxes have not been received by the City by the due date of the return, the operator shall incur a penalty equal to ten percent (10%) of the tax liability. In addition to the aforesaid penalty, interest at the rate of ten percent (10%) per year, computed monthly, on the delinquent tax from the date of delinquency until paid shall accrue and be collected in the same manner the delinquent tax is collected. (c) Every operator engaged in business within the City shall keep and preserve suitable records of all rentals made by him and such other books or accounts to determine the amount of tax he is required to collect. All books and records shall be maintained for a period of three (3) years after any reporting period, and shall be available for examination at reasonable times by the City Finance Director to ascertain the correctness of a return or to determine the amount of tax collected or levied. 7.12.050 Confidentiality of returns. (a) All returns filed with the City pursuant to this ordinance and all data obtained from such returns are confidential, and may not be released for public inspection except to those agencies specifically charged with review and/or audit responsibility by law and/or appropriate court order. (b) The preceding subsection does not prohibit the City from collecting and publishing statistical data, provided it is cumulative and so long as no identification of particular returns or reports is made. 7.12.060 Certificate of registration. (a) Operators shall apply to the Finance Department for a certificate of registration on a form prescribed by the City not later than ten (10) days from the effective date of the ordinance codified in this chapter, the date of commencement of business or the opening of additional places of business. Upon receipt of a properly executed application, the City's Finance Director will issue without charge a certificate of registration to the operator authorizing the operator to collect the tax at the business address stated on the certificate. (b) The certificate must be displayed prominently at the registered place of business. (c) The certificate of registration is nonassignable and nontransferable and must be surrendered to the Finance Department by the operator to whom it was issued upon the operator's cessation of business at the location stated in the certificate. If the business is continued at the same location but the form of business organization is changed, the operator shall surrender his old certificate to the Finance Department for cancellation. The new operator shall file a new application for the certificate of registration, and upon receipt of a properly executed application, a new certificate bearing a new number will be issued. If there is a change of address for the operator's place of business, a new certificate of registration is required bearing the same registration number but showing the new location or address. 7.12.070 Collections --Prohibited acts. (a) Taxes due but not paid or taxes collected but not transmitted, may be recovered in an action at law against the operator. Tax returns, under this ordinance, shall be prima facie proof of taxes collected but not transmitted. Notwithstanding the civil penalty limitation contained in KMC 13.05.010(b), an operator who rents accommodations within the City and thereafter fails to file a return, or who rents accommodations upon which a tax is levied under the provisions of this chapter and fails to collect such tax, shall incur a penalty of double the tax liability. (b) No person may fail or refuse to pay this tax when it is due and payable to an operator authorized to collect the tax. (c) An operator may not advertise or state to the public that the tax or any part of it will be assumed or absorbed by the operator, or will not be added to the rental, or that it will be refunded. 7.12.080 Ruling and Regulations. (a) The Finance Director of the City may take any action necessary or appropriate to the implementation of this chapter by promulgating regulations which may include the adoption of forms. Such regulations or any procedures adopted by the Finance Director are effective at the time indicated by him, but are subject to revision or repeal by _ the City Council. (b) Should a taxpayer under this Code or an operator obliged to collect the tax, be in doubt as to the applications of the provisions to an actual situation facing the taxpayer, or about to face the taxpayer, the taxpayer may apply for an informal ruling on the issue. Rulings having a general application may, at the discretion of the Finance Director, be promulgated as regulations. 7.12.090 Violation --Penalty. The violation of any provision contained in this chapter shall be punished under the general penalty provision, Section 13.05.010, of the City Code. PASSED BY THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of May, 1991. JOHN J. WILLIAMS, MAYOR ATTEST: Introduced: May 1, 1991 CAROL L. FREAS, CITY CLERK Second Reading: May 15, 1991 APPROVED BY FINANCE: Effective Date: January 1, 1992 (4/24/91) 1' I-- 18.35-18.35.030 4-9 Chapter 18.35 CITY PARKS Sections• 18.35.010 Overnight Camping. 18.35.020 No Camping Under Shelters. 18.35.030 Penalties. 18.35.010 Overnight Campinq: (a) Overnight camping shall be allowed only in designated areas and only in City Parks assigned for camping. Overnight camping is not allowed on any other City owned property without specific written approval of the City Manager. (b) Designated areas for camping will be determined by the City Manager or his designee. (c) Overnight camping in the designated area shall not exceed three consecutive twenty-four hour periods in any ten (10) day period. (d) Camping fees shall be established from time to time by resolution of the Council and shall be payable in advance. (ords. 344, 884, 1144) 18.35.020 No Camping Under Shelters: No person shall set up a camp beneath or within fifteen feet of a shelter provided in a public park. (Ord. 344) 18.35.030 Penalties: Any person or other entity who shall violate any provision of this chapter, by doing any act prohibited or declared to be unlawful thereby or who shall fail to do any act when such provision declared such failure to be unlawful shall be guilty of a violation; and upon conviction thereof, shall be punished as provided for violations in KMC. 13.05.010. Each day upon which any such violation continues shall constitute a separate misdemeanor. (Ord. 344, 1240) 18-19 (City of Kenai Supp. #47 - 2/10/88) I A BICENTENNIAL '- aM MEMORANDUM CITY OF KENAI Cap,e� 4 44z4�f / 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Mayor John Williams and the Kenai CityPouncil FROM: Kim Howard, Administrative Assistant DATE: April 24, 1991 FOR: May 1, 1991 Council Meeting RE: Land Exchange - Lot 81 Block 1, Etolin Sub. No. 3 Lots 1 & 2, Block 1, C.I.I.A.P. The City has received the attached proposal to make a land exchange from Alaska USA Federal Credit Union. Alaska USA owns Lot 8, Block 1, Etolin Subdivision No. 3. It leases Lot 1, Block 1, C.I.I.A.P. from the City. Their proposal suggests exchanging the purchased lot for the leased lot and adjacent lot. An appraisal for renegotiation purposes has been performed on Lot 1, Block 1, C.I.I.A.P. An appraisal could be ordered for Lot 8, Block 1, Etolin and Lot 2, Block 1, C.I.I.A.P. to determine the fair market value. Appraisal costs could be split between the parties. Alaska USA has proposed that if the value of its lot exceeds the values of the two City lots, then the City will not be asked to provide cash to balance the values. The appraisals, as well as the proposed exchange, should be reviewed by the Federal Aviation Administration. A resolution, subject to any conditions the Council may impose on the transaction, can then be prepared for Council approval. Does the City Council wish Administration to proceed with the land exchange? kh ALukaUSA Federal Credit Union . qPR April 22, 1991 ry q� 'ry o MAN.' -4. �k��'. i r Ms. Kim Howard City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Ms. Howard: Re: Lot 8, Block 1, Etolin Subdivision No. 3 Lot 1, Block 1, C.I.I.A.P. Alaska USA readily understands that the city of Kenai would not want to participate in a land exchange unless there was some advantage to the city. We also understand that in today's economic environment, an exchange involving cash back to Alaska USA might not be a viable alternative. Under these circumstances, we would propose to make a land for land exchange. Based on the appraisal done on Lot 1, Block 1, C.I.I.A.P. and considering the close proximity of the properties involved, we suggest that for the purposes of this discussion, we assign an equal value per square foot to each of the properties, or $2.35 per square foot ($53,000 _ 22,500). The lot Alaska USA owns, Lot 8, Block 1, Etolin Subdivision No. 3 is approximately 64,860 square feet. Assuming a value of $2.35 per square foot, the lot has a current market value of $152,421. The value of our leased lot, Lot 1, Block 1, C.I.I.A.P. has been established at $53,000. Alaska USA is interested in exchanging the lot we own for the lot we lease, plus the almost identically -sized Lot 2, Block 1, C.I.I.A.P. that is directly north of our current leased lot (and branch office). In short, we propose exchanging $152,421 worth of property for $106,000 worth of property. (It should be noted that Alaska USA paid the City of Kenai $178,000 for Lot 8, Etolin Subdivision when it was originally purchased.) From Alaska USA's perspective, we would gain the ability to one day expand our present facility to the adjacent lot should future member activity warrant such growth. For the city, the exchange would provide the obvious differential in value between the exchanged properties. If such an exchange is of interest to the city, we only need to work out the details of closing. Alaska USA can proceed at whatever pace the city prefers. Sin rely, Ron McAlpin Senior Vice President, -- Central Administration P.O. Box 196613 o Anchorage, Alaska 99519-6613 • (907) 563-4567 Ji �i .• o yr! `�ta� �' " 4+{ + Q•. � �'PE.`,,r ':;!!< i � • , ::ter � ` :M� �� �'_'� ''%�'�: ..ta •••;:'::,:.:. "" d�,,�''•' � - �/ �� ,� f %/':;::• ' s� s �'� ' �• PUBLIC 41 fir,, rt�f'Y 'a `aP•:::t':;� ..�, a4r� � :e:':�::::` �J ;, • •\ J4( �O ':`e.'::;; •v'' rr{aF� " 'p.. o : it � ��� P . • , �, ..: ;•• a ,•. �. �, �, ,a ? �, P '• , Vii el -40 A' op 4jb op c y,� �) G �aysWv�w` �1{�� L• � '� a : +O it 4•,, � \ � � r. �"�"' . s+,. . dr/��ti,�.: a. x (Tl N �D a RF�,T OD t 'J' 2 O LDOA ' b �0,40 rq . v a A a� z 00 ® c dR . L4 1 a J T- q� N 04 y� O c � 3• Q9. i's-' � To i V 0•Q O 4 rn W V l• � ro O ti o w a yti � c � 3 i ow u � w 5 � �_� STD 2,►s. EF �C U1 rq T 00 8a. D ttu00O _. L CA a La d e D c w Z . 0 10 w O so 1p c4 C3 in O O Z�l >1 IN. O O CuWo'� R 1991 April 26, 1991;CLEW wF KENAI '0Kenai City Council`�City of Kenai � 210 Fidalgo Kenai, Alaska 99611 I would like to appeal the decision made by the Planning and Zoning Commission on their April 24, 1991 meeting regarding the application for development in TSH Zone by Thomas and Kathryn Tomrdle. Thank you, ��P LG- 'a'T�X" KATHRYN TOMRDLE IVXWI K II BICENTENNIAL yW4-- -a �st� jmltl�"a YW" / April 25, 1991 CITY OF KENAI % %cU Cap� 4 44sjo6,a,,,, 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 Thomas & Kathryn Tomrdle P.O. Box 4158 Kenai, AK 99611 RE: APPLICATION FOR DEVELOPMENT TOWNSITE HISTORICAL (TSH) ZONING DISTRICT At their meeting of April 24, 1991 the Planning and Zoning Commission reviewed your application for the following proposed activity: Remove shed and log outbuilding, erect shop, grade driveway, plant grass, general cleanup to improve appearance of property. The Commission found that this application would be in violation of KMC 14.20.105, Section (d) (2) Discourage uses which will violate the historic and scenic quality of the TSH Zone; buildings and building additions that are not compatible in height with adjacent buildings or which violate the existing scale of the district; metal buildings; quonset but style buildings; buildings with a "modern design" style of architecture; more than duplex residences; gas stations; auto repair shops; rental storage of any kind; junk; kennels or similar uses." (emphasis added) Upon these findings the Commission unanimously voted against the granting of this application. Under KMC 14.20.190 Appeals - Board of Adjustment you have the right to file a written appeal with the City Clerk to be ruled on by the City Council within 30 days of filing of the appeal. BICENTENNIAL l�ilirlJ�a� t-"G'ity m�"a �u�iatre! 0 CITY OF KENAI ..a Capes 4 4Za4a,„ 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Planning and Zoning Commission FROM: Jack La Shot, City Engineer DATE: April 16, 1991 RE: Development in Townsite Historical District STAFF REPORT Applicant: Thomas & Kathryn Tomrdle 904 Cook Drive Kenai, Alaska 99611 Proposed Activity: Construct a 301X40' metal building and remove a shed and log outbuilding. Discussion: The applicant proposes to utilize the new building for storage of equipment, gear, and materials from his property and used in his fishing business. Also, he will remove from the -site a log outbuilding and shed. KMC 14.20.105 should be reviewed thoroughly prior to ascertaining whether the intent of the zone is being met. The Code specifically discourages the construction of metal buildings and recommends that the removal of any historical material be avoided when possible. The Code also, however, would appear to allow new construction that does not violate the historical character of the surrounding buildings or of the historic district as a whole. r?��'iSir�'���aY_:�• � - / - - —"'\ : F! it r Als ,t 1 �. If 'r ► 1��t�� 6i�i � trl 6F /P 111--nnr APPLICATION FOR DEVELOPMENT TOWNSITE HISTORICAL (TSH) ZONING DISTRICT A --C,1 nuxuNQ DEPT. Date. -I5 - 1. Applicant: -arn1ZT> ,6 2. Address:pt�1 Phone: Q�& ' q xt 3 3. Describe proposed activity: Qb e De,,4e, wtw - Lftc, -- ae A,;s V-Pl. dQA"-r '�d ►rti�t�UQ �C� 0� n� � — 4. Legal description of property: �Loc-� le _ LQT �S— D�2lC�rl tum , 5. Signature of legal owner of property: 6. Signature of applicant: 7. The Planning and Zoning Commission will review the application for development in the TSH zoning district upon the applicant's demonstration that all of the following criteria are satisfied. (1) Application signed by applicant, and if leasing the premises, co -signed -by the owner indicating type and nature of business. 2) Current color photographs of the site and of any existing structures representing both the overall condition of the structure and accurately portraying the materials and color. (3) Site plan complying with the development criteria of this chapter and drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. �l� City of Kenai Planning Department Comment Sheet SUBDIVISION /�y� ADMINISTRATIVE COMMENTS CITY ENGINEER 7�, .P(Qr, net VIAe .Al bu; Id Iv<9 w; f I i 44,o -.r.> .#tb gva_z>k S . -#tt i.� � a �Lj u ✓4 ( d h f� TJ►� CO �t7C� C ff G<// �7�� rzy(A« -L ,e ujc&A bulLr(i-Jj-, S,//OWh OL,,zGr ,641/ /Q%� fr . i(C l,1/iZO. i05 BUILDING INSPECTOR /j �!� �p � � y, v c' c `""� ����-rt-/ �u4 1 � .tip/ "a c�L.42C�.Z�j/ �'" � li ! /• �G�� ��� /OGL'��t�, !"Tk-7�ZcG' CT-S l�� �.L'Y1.GK��V CdJ 1��.�,)'►',1,,J�- VL,G,Ci2t.�cv �.�) F�c.:rti+2�j,�, c�t�-r-o (f`�`'�,C,�., c,ti�tE.�l /�='��`�'.� , PLANNING COMMISSIoll I I I I I T-t I _ I I ! -BLOC_ I N � I i ! j ! I I I-- y i 1II I ; i i 00 E W CIO Q) i C o ■ C C 0 February 27, 1991 Thom Tomrdle P.O. Box 4158 Kenai, AK 99611 RE: 30' x 40' x 14' P.O. No. W5-3288 Ladies and Gentlemen: This is to certify that the above -referenced structure is being designed for a roof live load of 40 psf on the horizontal projection in addition to the dead load. It is also being designed for a wind velocity of 90 mph, Exposure B. These loads are being applied in accordance with UBC, 1985 edition. This certification covers the LL/WL you requested. WedgCor, Inc. makes no claims or representations as to the adequacy of the design loads on the building components you have ordered. It is your responsibility to contact your city or county building officials to determine if the specified design loads you requested are adequate for your geographical area. If you are unfamiliar with the design loads required to obtain the necessary building permits, please contact your building official immediately and verify that the loadings you have ordered are correct and in accordance with your building official's requirements for obtaining the necessary permits. WedgCor Inc.'s limited warranty and engineering data are set forth in your PURCHASE ORDER, paragraphs 2, 8, and 10; or in your LIMITED WARRANTY and MANUFACTURER'S AGREEMENT, paragraph 1, 2, and 3. This certification covers parts manufactured and delivered by WedgCor Building Systems only and excludes such parts as doors, windows, foundation design and erection of the building. The undersigned project. is not the engineer of record for the overall WEDGC R TEEL ILDING 2 �t Rama Adhikary Registered Professional lrsj/RA Enclosure: SYSTEMS '. QIS O a �� /•••�••ti.trl•1•Ntrti•Itrti•�tl..� Engineer nee r �....i.•...•....•.•..• •.•9 g p ; RA�IAKAAiA AOlYK14AY O Limited Warranty a Imp �a. Definitions & Common Pract� eS;;`,,,� ti WORLD HEADQUARTERS • 6800 EAST HAMPDEN AVE. FACTORY LOCATION • P.O. BOX 110 DENVER, COLORADO 80224 • (303) 759-3200 JAMESTOWN, NORTH DAKOTA 58402 • (701) 252-7380 14.20.105 14.20.105 Townsite Historic (TSH) Zonina District: (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development and reconstruction by requiring all applications for a building permit to submit an application to the appropriate body for approval prior to the issuance of the permit. All applications must meet the criteria of the application process. (b) Guidelines. The following guidelines are intended to `provide the applicant with an idea of the general criteria the .;..Landscaping/Site Plan Review Board (Review Board) will employ when reviewing proposals for construction in the TSH zoning district. -They are designed to preserve the characteristics which typify development in the district and provide the basis for preserving the historical character,of the district. ;(1)), All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure,.or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features should be avoided when possible. (3) All existing buildings, structures, and sites should be recognized as products of their own time. Alterations that have no historical basis should be discouraged, except buildings that have functional utilities. (4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (5)� Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure. The same will hold true on new construction, that is, contemporary design shall not be discouraged if it does not violate the historical character of the surrounding buildings or of the historic district as a whole. Design proposals for both new construction and alterations to existing structures should be compatible with the size, scale, color, material, and character of the property, the immediate surrounding structures, and those in the historic district. (c) Application. An application for construction in the TSH Zoning District shall be filed with the Planning Department 14-24 (City of Kenai Supp. #46 - 11/13/87) C` ;. . 11 14.20.105 for any rehabilitation/renovation or new construction within the TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map, which application shall contain: (1) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. i= (2) Current color photographs of the site and of any existing structures representing both the overall condition of the.structure and accurately y portraying the materials and color. (3) Three copies of a landscaping and site plan .. complying with the development criteria of this chapter and drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. Provided that no landscaping/site plan shall be required unless the proposed construction exceeds $10,000 in value. (d) Development Criteria. The development criteria is to provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use. All landscaping/site plans and/or proposed construction shall: .(1) Encourage, wherever possible and compatible with • • historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Ir Peninsula flora; historic interpretation; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible in height with adjacent buildings or which violate the existing scale of the district; metal buildings: quonset but style buildings; buildings with a "modern design" style of architecture; more than duplex residences; gas stations; auto repair shops; rental storage of any_ kind; junk; kennels or similar uses. (e) Setbacks.-t.Setbacks within the TSH zone shall be as stated in the KMC Development Requirements -Table under the Urban ±' Residential- -(RU)`*criteria;"e-xcept as to existing buildings. ' (f) Review"Process..4­ 1.Upon submittal of an application, the •Planning Department shall schedule the application for review by the Landscaping/Site Plan Review Board at the following appropriate meeting. (1) Approval or rejection of the landscaping/site plan shall be based upon the development criteria in subsection(d) above and all other pertinent provisions of the Kenai Municipal Code. (2) Should the Review Board require modification to the submitted application or additional submittals due to unusual conditions, then the additions shall be submitted by the applicant when requested by the Review Board prior to r' approval of the application by the Review board. 14-25 (City of Kenai Supp. #46 - 11/13/87) f 14.20.105-14.20.120 r (3) Upon approval of the application by the Review Board, the application shall be forwarded to the Building Official. (Ord. 1133) 14.20.110 Central Commercial Zone (CC Zone): (a) Inte;'_ The Cm%Sgone is established to provide for an area of concent7rated comerce development. Regulations applying to this zones are designed t encourage a compact group of business of t}e`type which are m ually beneficial and located clos/enou h together to encourage alk-in trade. (b) Prince al Permitted Uses: As allowend UseTable. Conditio al Uses: As allowed in Lanable and :subject to the provisions of this chapter. ;.... (d) Accessory Uses: As defined (seefinitions) . (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: (1) No stores or,businessesshall involve any kind of manufacture compounding. -,processing, or treatment ofa products where such operations re objectionable due to odor, dust, smoke, noise,`vibrations, or other similar nuisances. _ (2) Open Storage: No open storage shall be located + closer than 25 feet to the adjoining right-of-way of any collector street or maim thoroughfare. Any open storage % w visible from a collector street shall be enclosed with an eight foot W) high fence of good appearance acceptable to. the Commission. (3) Lot and and requirements (see Development Requirements Tabl. - Additional Requirements Section). (4) Off -Street parking and loading.,requirements shall be required in this chapter. (g) Parking equirements: As required by this chapter. (Ord. 925) 14.20.120 General Commercial Zone (CG Zone): (a) Intent. The CG Zone is established to provide for areas where a broad range of retail, wholesale, and service establishments is desirable.-. ses are regulated to concentrate commercial development;to the greatest extent possible and to prevent any uses which/would have an adverse effect upon nearby properties. New single and two-family residential uses and other noncomme)rcial uses, except as otherwise provided in this chapter, are not/permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for commercial purposes, and because a commercial zone is not suited to the uses excluded above. (b) Principal Permitted Uses: As allowed in Land Use Ta�e . 14-26 t/ (City of Kenai Supp. #46 - 11/13/87) C A 71r-,. + + v, n T T + T A W coo A \ :zr Z _ m ONi CD O m 03 N ol cm 2st. V _ o J �m g m vz x x p 2 C ro � t n G F, En c v�cn � RESERVE i cn Z C. O(�N it - NN 0 n J i 11 '" P AND ST a OI � � N � Y00 �� s = o ♦ in w �+ --1 a A r ON II c) W I I s a u a _ q R� II p 2 C a 2 II 73 A D 151, 4 w `I "�., ►. N 0 BROADWAY A. N n • 1 0 W OD N p m N N co / V BLUFF ST �7> ; cv, Cl p. v P1 Aj O r N Ln- D O p OD iO 1 _ D < gn m r. n m n _ u _ LAKE STREET u r >T 0 z -C D S � -LL z o t,,, z a W Q o z o W <= CA) M Lu E_ z oomti, w(s�oz o LL zo0 m ct: b>QgU) cc mozw¢ Q Q. Cl)O o o� w N Q 900 c_wi a3�oo 2 (SU f- :» OP z z Q J_zcr Z �Wz�a 0 U. 0 :3— gQogWg C Q a() AU Cl-m Z O z w o o o CL wQwwpw 3 0 3 w °° a O Z Q F- Q - W W j Q - - a: m -- _ Zao (LU 7.- O W Q m00 =QU) ~_jO i om� �h - a' 000 = t= CL w Z D < cr cn - - ogo Ua.m Qww m o CO� - — __- -.- OWM U no �= -- -_ Z~Z N N ----' O�Q - -- —ww r.m¢OH ir, T MOO -_ - k u.cc>- EL Z _ 0. Z I CO Dam = ZOO UO W _-_ — --_- =_ �cca Z w cr IL O w Q ao -`' wwo Z;: mU)a: Wox F-�a m �w �O 0 - ma z SUBDIVISION C,7- Kgr_.IA1 STREET PETITION TO VACATE COMMENT SHEET ADMINISTRATIVE COMMENTS CITY ENGINEER o f efte%e--1 BUILDING INSPECTOR PLANNING COMMISSION ..„ 4. KENAI PENINSULA BOROUGH PIANN --"� PLANNING DEPARTMENT �' DEPT. NOTICE OF PROPOSED UTILITY EASEMENT VACATION Notice is hereby given that an application to vacate a utility easement has been received by the Planning Department of the Kenai Peninsula Borough. In accordance with Chapter 20 of the Borough Code of Ordinances, all owners of properties within a 300 foot radius must be notified of the proposed vacation. According to Borough records, you are an owner of property within that radius. Location: Vacate the twenty foot utility easement centered on lot line common to Lots 5 and 6, Dragseth Subdivision, (Plat 77-56 KRD). Being within Section 7, Township 5 North, Range 11 West, Seward Meridian, Alaska. Also being within the City of Kenai. Purpose: To eliminate encroachment of the building. Lots 5, 6, and 7, Dragseth Subdivision being replatted into two lots. (Proposed Dragseth Subdivision No. 2) Petitioner(s): Marvin Dragseth of Kenai, Alaska. The Planning Commission will be considering, and acting upon, this petition at their regular meeting, Monday - May 6, 1991. The meeting will be held in the Borough Administration Building, 144 N. Binkley Street, Soldotna, Alaska 99669 starting at 7:30 p.m. Written comments may be submitted to the attention of Robbie Harris, Kenai Peninsula Borough Planning Department -144 N. Binkley Street Soldotna, Alaska 99669. Written comments should be received by the Planning Department no later than Wednesday - May 1, 1991. For additional information, contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 Toll Free within the Kenai Peninsula Borough). V I C I N SHOWING APPROXIM VA """ roiea srrFer to rl to O aci E c 0 c w ° w Z IJ _ 3 „0£,s0.00 S _ 'IS -1WION MS '3AV l ,00'o£r M „o£,90.60 N ,sz C .£o—oz L I I o Q �I Ln — W E6 m H to O C 0 QI3 N F_N N FF C0 r F- w �. v o Z „LZ,S0.00 S I �Q r. PIq_� � m u nl to f u LO I I z, m. €-6 W h° � I o t En y > f` O O t! I p4 to LO e / � I �•=.eu��e / F Ln N o Q (3 I m •etri`r LO v I I oco to o to o m '�tj-jcI v , CL ci z ¢ a �� /h .Bb.LC.60 S 7N/ >1000 Z CITY OF KENAI 210 HD ,1GO STRECET ALASKA 99611 PETITION TO VACATE COMMENT SHEET SUBDIVISION Li- /� /lI 7-� d - 116 _V(. /\ ADMINISTRATIVE COMMENTS CITY ENGINEERtlo �f elf 1-mot/�' Duf- %teVS .J ,% yV/GfCs G1A D,?C` Gl, A / S BUILDING INSPECTOR PLANNING COMMISSION PENINSULA CLARION D KENAI PENINSULA BOROUGH V PLANNING COMMISSION NOTICE OF PUBLIC HEARING - Public notice is hereby given that a petition has been received to vacate a section line easement. Area under consideration is described as follows: A. Location and request: Vacate the sixty-six foot section line easement centered on line common to Sections 7 and 18, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Alaska. Vacate that portion of the easement starting approximately 30 feet westerly of the east edge of Royal Street right-of-way running westerly to Cook Inlet. 33' easement within Section 7 being also within Kenai City Limits. 33' easement within Section 18 being within Kenai Peninsula Borough. B. Purpose as stated In petition: This section line easement is situated along the municipal boundary common with the City of Kenai and Kenai Peninsula Borough. The reconstruction of Cannery Road left a portion of the old roadway alignment within this easement. Due too the fact this road is situated in two separate jurisdictions make police responsibility unclear. This ambiguity is causing harm to adjacent properties stemming from the abandonment of vehicles, trespassing and lack of road maintenance.. C. Petitionerlsl: Mary Ellen Israelson and Frederick Duthweiler; both of Kenai, Alaska. Public Hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, May 6, 1991, commencing at 7:30 p.m., or as soon thereafter as business permits, to be held In the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify, may come to the above meeting to give testimony; or May submit a Written statement to the attention of Richard Troeger or Robbie Harris, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, May 1, 1991. For additional information contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer PUBLISH 2X (April 22 & 29, 1991) :)RNMENT LOT 17-SECTION 7, OVERNMENT LOT 1, NE 1/4 E 1 /4 SECTION 18 T5N," R 1 1 yt/ AK PROPOSED SECTION LINE EASEMENT.VACAT10N I "' rear /B °v LANNE2/ .PDAO Q % d V io 29� r ;{5 1s,n '4 Aq " e fir• �}.� t +r 17' •L��tl��i l�gt ' �7F1 ;}7 ; 1 I I I�ii�;�,.+�'t+�',•,�=�',i;r, i V I C I N I T Y M A P a 1 ; : •. ti ; ?' ; - :�r, i , 1 SHOWING APPROXIMATE LOCATION OF PROPOSED VACATION 11 +�� , . „F �.;r .: ,t.., •+G, �. ipjw'%ip>-v '{ %j +r > ,p!�- r I r ,•.� r y ve. 111�ry + �`b,J � .� ^'•}.,7„,.1 9: , V,�,r� J •/�.1 • ; + ,+•� r r, Y.- �., :b�r"y s-�`t„'. F: f �,'.,,7 f ^ ;$I:T ,J•• �5 ; ` r•�i,'`w • rr *l?i+ 1 • i i t': , r'•� .- ,. r-•`� F• r.,.r ; �. � i' ;'J�Il,w� +M! 5+;{l�' ,,r ti';,;F . f3. I� �'�� ': �� ';'rr�:`�i✓� r . i " � ( 1;� % • �l. -.1 r •:� � .•.� ..i; h • �` �,�/ ' I. f� �it���;.t ,! r `,��r'','�/.r �r:r-f�''.� ;•r'�ri� 1�p,:�!'i•il ,� � ti'�'; •r ''r. ••'fir .b••,. ..;� .`y�'r { wyr�s� ,�y !, +�' „A[�. ��y..,� .�� o}s rtil+/•jay IJ . tr �, `a 1 +.,, !•. �,. •�r3�.'} �,..'r �•1 }I7+ I,''1+-.+� j to �p •�T ���'{d�ir�� r�••'J+: +, ,�fl Of ?i���•�y���eysfss*�i�.. r,�y i"'� .r ,��(• w•:,' 4'.r�Ir� ��*',,°:�Q..7l.,1.•�r:'N�'�:� .i �� '11" .��r��1' "I •� s -wig- •r.: ��iJ. •,. ��*�� x `�'h j••r'.+�� v' •�41 r; ,' . �r � L i +r`'�'�+ � • r ' ... '• ' ..r'{':yal .. v'4et�'T,(';t:j•i:+�` e_;� !. JOINS � I Peratrovich, Nottingham & Drage, Inc. Engineering Consultants Int. Telex 200 26436 1506 West 36th Avenue • Suite 101 • Anchorage, Alaska 99503 •907.561.1Oil April 26,1991 Ms. Allison Smith State of Alaska Office of Management and Budget Division of Governmental Coordination 3601 C Street, Suite 370 Anchorage, Alaska 99503 Re: Kenai River Small Vessel Mooring Basin Permit Dear Allison: PN&D 0-158 If you are familiar with the City of Kenai's quest to develop a vessel transfer point at this site on the Kenai River, then you lmow that a recent permit application was halted because of agency actions. We have reviewed the City's previous plan which involved placing fill on a flood plain. Our suggestion to the City was to build a more permanent facility which would not require fill placed onto wetlands. Our conceptual plan has become enthusiastically received by the community because it offers a cure for several very visible ailments. This location is the only accessible site on the river that would allow such a development. Even at minimum water levels in the river, this site would provide enough water for river boats. Additionally, siltation is not a major issue, as fine silt -laden tidal waters do not deposit this far up river. The river is proceeding very quickly to a drift -boas -only fishery and this would be good. The present situation of lower river use mandates construction of a small moorage area and leading ramp. The large -vessel congestion, the difficulty of construction, and the high maintenance of any development below the Warren Ames bridge, eliminates this part of the river for safe small vessel facility development. We are representing the City of Kenai and would like Division of Governmental Coordination to invite representatives from the main review agencies and other interested agencies to meet with us to introduce this project. If your office could host this meeting it would be appreciated. If you have any questions or comments, please call. Sincerely, PERATROVICI-L NOTIINGHA-),A & DRAGE, INC. William F. Gunderson, III, P.E. Senior Engineer WFG/dt p Peratrovich, Nottingham & Drage, Inc. n �!E!ngineering Consultants Telex 09026436 Int. Telex 200 26436 1506 West 36th Avenue • Suite 101 • Anchorage, Alaska 99503 • 907-561-1011 April 23, 1991 PN&D 0-158 The Honorable John Rrlliarns City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Kenai River Boat Harbor Dear Mayor Williams: 23 24 4 �J APR 9g �l�Ol6at95 Per our discussion on April 23, 1991, we understand Peratrovich, Nottingham & Drage, Inc. (PN&D) is authorized to make preliminary contacts with State and Federal permitting agencies regarding the subject project. This will be primarily be intended to give PN&D a better understanding of concerns so that we can propose on permit work with greater confidence. As discussed with you earlier, we are submitting the attached graph which illustrates the wide range of permit ccsts. PN&D will not charge for this initial work. If you have any questions, please give Bill Gunderson or me a call. Sincerely, 7RATIROI, 07 GGHAM & DRAGE, INC. Dennis Nottingham, P.E. President DN/dt U a) I' L O -F-� O CU 4-j .`E ^i ^^W W cz E 1-0 v ) W W n S J a In ' } Q m N O Z O 0 W f.ccI Q a Z ' 0 a Q w 4 J ato cs a 3 O \ Q o Y N Q ul N \ z 1 Q` 0 N S m 0 N 1 W U � Q I J IL oc \ w ' f. J I O a a 4 4 � � I W \ N } S I N N W U ' c Q U! LL O O I 0 0 0 0 0 0 O O O O O o 0 0 0 0 0 0 tD N v Cl) N T S11Wa3d HO11NOW CINV 3UVd3ad 01 S1SOO a T Nd a31VWI1S3 O1 W -j Oi > Z �- OC O O F N c S � U w 4 co W � a T w W J co a co 2 N V O � N N U U cc w a a CO W 0 O> J W T G. f- � a N U to CL I 0 2 M 0 LU Q ( _ 5. ^ co o� T ;I C* co 01 T U W W co � O W J _a U N O ? y F- T F- O (A co 0 O IL)O T Z W .1 Z W O F O z co N N O H C7 U N Z F O ►- U w w w 0 a F � o a w 0 F ¢ z F W O z G , Peratrovich, Nottingham & Drage, Inc. Engineering Consultants Telex elex 26436 1506 West 36th Avenue • Suite 101 • Anchorage, Alaska 99503 • 907-561-1011 April 19, 1991 The Honorable John Williams City of Kenai Kenai, Alaska 99611 Re: Mile 6.8 Basin/Launch Ramp Dear Mayor Williams: PN&D 0-158 With your permission we will set up a meeting with the Alaska Department of Governmental Coordination to introduce the above -referenced project. We will ask them to invite representatives from the Corps of Engineers, the U.S. Fish & Wildlife Service, the Alaska Department of Fish & Game, the Department of Environmental Conservation, and other agencies willing to attend. We would present the project as a low -impact, properly -designed, small -vessel mooring basin. We will let the agencies know that the community is looking to solve an overcrowding problem they did not cause. They will be informed that this site is the only accessible site on the river where natural silting will be limited, and at the same time the water level will be adequate for safe vessel movement. The site was chosen for its physical characteristics as well as its strategic 11r)cit;nn, Please send us a note with your authorization to discuss this concept with the agencies. We will proceed with arranging this meeting upon you approval. As always, please feel free to contact us at your convenience. Sincerely, PERATROVICH, NOTTINVRE.=!!� Q0 William .Gunderson, III, Senior Engineer WG/dj 1► W 1 V I I BICENTENNIAL U;%ewi69-aP"I'-C4a4PGa "v! May 2, 1991 Ross Kinney, Finance Director Kenai Peninsula Borough 144 North Binkley Soldotna, Alaska 99669 Dear Ross: CITY OF KENAI •.d 6a pe� 4 4ia,.4f uiz 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 A few days ago, you and I discussed the City of Kenai's proposal to initiate a hotel/motel room tax, a tax which the Borough does not have. The City of Kenai would be the only city within the Borough to have a hotel/motel tax. The City of Kenai has no desire to place an extra burden on Borough personnel or on Borough taxpayers. It would not be efficient or a wise use of tax dollars for the Borough to establish a collection procedure for this tax when the only beneficiary is the City of Kenai. Normally, the Borough collects all taxes and remits them to the cities. In order to alleviate any doubt about which municipality should collect this new tax, I propose that the Borough Finance Department agree to allow the City of Kenai Finance Department to collect this hotel/motel tax in place of the Borough. For purposes of this tax only, the City of Kenai would, in effect, be acting as the Borough's collection agent. By this letter, I agree to do exactly that, to collect and administer the City of Kenai's hotel/motel tax instead of the Kenai Peninsula Borough. If this is acceptable to you, please sign below and return a copy of this letter to me. Or, if you wish, you can initiate a more formal agreement. Sincerely, Charles A. Brown Finance Director Approved by Kenai Peninsula Borough Signature Title Date zLO I AW i V1I BICENTENNIAL vm� qe mzrd a�st-"4m10 a fu" / TO: FROM: DATE: SUBJECT: FOR: CITY OF KENAI William J. Brighton, City Manager Director a 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 Keith Kornelis, Public Works April 26, 1991 Kenai Spur Highway Reconstruction - DOTPF City Council meeting of May 1, 1991 The Department of Transportation Public Facilities (DOTPF) is presently negotiating with USKH, the prime consultant, and other sub -consultants for a design study report on the Kenai Spur Highway. This design study report has an estimated cost of one and a half million dollars. The design study report will be for the full four lane highway from Soldotna to the Bridge Access Road. This report will be submitted to the federal government and will be the basis for future improvements on this section of highway. It may take ten to twenty years to complete all the different items in the design study report. The present plan is to complete the design study report this fall and send it to the federal government asking for concurrence for the four lane highway. 1991 - DESIGN STUDY REPORT The design study report is scheduled to be completed in 1991 and will actually define what is going to happen in the design phase. There will be surveying and drilling crews in the field this summer locating property corners for right-of-way, drilling for soils analysis, obtaining engineering data such as cross -sections, findnig culverts, etc... 1992 - ACTUAL DESIGN The actual engineering design is scheduled to be done in 1992. At this time it appears the design will be a reconstruction of the roadway and widening to four lanes from Swires Road to the Bridge Access Road in Kenai. The section of road between Swires and Sport Lake Road in Soldotna is scheduled to be designed under what the DOT calls a 3R, which amounts to rehabilitating and resurfacing the existing roadway, re -doing the guardrails and signs, or basically bringing the road back to its original state. DOT says this repaving of the existing roads will bring it to a safer condition. DOT believes that it will be at least ten years before a four lane was needed from Swires to Sport Lake Road. However, the design would include defining the road right-of-way for four lanes and moving the utilities as soon as funds are available. It is interesting to note that Fish and Game has also asked that the culvert for Beaver Creek through the Spur Highway be lowered so that fish can go through it easier. 1993 - CONSTRUCTION CONTRACTOR - START-UP The schedule shows the actual construction would be advertised and bid some time in the middle of 1993 and hopefully be completed by the end of 1994. This road improvement amounts to approximately twelve million dollars for the construction portion and four million dollars for utility relocation. The right-of-way purchase for the Kenai Spur Highway is minimal. It appears that the DOT is also planning on reconstructing the Kenai Spur Highway from Sport Lake Road through Soldotna, all the way to the "Y". Their plan is to have it out for construction by 1994. The construction would include correction of deficiencies on the existing road and possibly additional new turn lanes. The original design study report would include this portion of the road also. The construction estimate for Sport Lake through Soldotna is estimated at about eight million dollars. Other projects in our area include the Sterling Highway which is presently in the stage of the relocation of the utilities. The DOT anticipates contracting out the clearing for utilities approximately the middle of May. DOT says they are waiting on the federal government but will probably award the final construction contract sometime in June with construction to start in July or August. Therefore, most of the construction work will actually be done in 1992. This construction work amounts to two new lanes from Soldotna to Moose River and a five lane bridge. over the Moose River. The estimated construction cost is nineteen million dollars. The DOT does not anticipate needing a four lane highway between Sterling and Soldotna until approximately ten years from now. The Sterling to Naptown construction project is slated for late 1992 with construction possibly in 1993. KK/kv INFORMATION LIST 1. 4/17/91 Council Meeting "To Do" List. 2. 4/91, Rep. D. Young letter. 3. 4/24/91 KBVCB memorandum regarding Response from Industry for Funding Assistance. 4. 4/23/91 Ashley Reed & Associates memorandum to Wm.J. Brighton regarding Budget Report. 5. 4/15/91 T.D. Barter, State DOT, regarding Kenai Spur Road/Forest Drive Signalization. 6. 5/1/91 City of Kenai Transfers of Funds Under $1,000. RO - KK - JW - "TO DO" LIST APRIL 17, 1991 KENAI CITY COUNCIL MEETING Check on status of advertising regarding Forest Drive Park with Chamber of Commerce, etc. Check with John Williams regarding the filling of Parks & Recreation Commission vacancy. Prepare purchase order for banners (not -to -exceed. $7, 000) . Inform Harbor Commission that they should contact the Bicentennial Office individually and request that they organize the "blessing of the fleet." Call project manager for Spur Highway project and check on scheduling of work. Check with Kayo regarding the filling of Parks & Recreation Commission vacancy. Fill two vacancies on Airport Commission. Find out costs of acquiring/not acquiring Corps permit with Peratrovich, Nottingham & Drage, Inc. CLF - Discussion Item for 5/1/91 meeting = Forest Drive Park. Contact Underkofler regarding Caucus postage charges = reimbursable? DON YOUNG CONGRESSMAN FOR ALL ALASKA WASHINGTON OFFICE 2331 RAY13URN BUILDING TELEPHONE 202/225-5765 COMMITTEES: INTERIOR AND INSULAR AFFAIRS MERCHANT MARINE AND FISHERIES POST OFFICE AND CIVIL SERVICE Congress of the Uniteb _*tates House of ±Representtttiues Washington. D.L. 20515 CAR-RT PRESORT **1101 The Hon. John Williams City Of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear John: April 1991 � )5 26 2?26 r'5 n ` (.1 l9��l�,l�lZ!!tpti� L0) CES S. SUITE 3 9513.7595 D 1-5978 AVENUE A 99701 56-0210 401 FEDERAL BUILDING P.O. Box 1247 ,JUNEAU, ALASKA 99802 TELEPHONE 907/586-7400 501 FEDERAL BUILDING KETCHIKAN, ALASKA 99902 TELEPHONE 9071225-6880 120 TRADING BAY SUITE 260 KENAI. ALASKA 99611 Box 177 KODIAK, ALASKA 99615 P.O. Box 1860 NOME, ALASKA 99762 On January 12th, I cast one of the most important and historic votes of my career - to support the United Nations resolutions authorizing the President to use military force to liberate Kuwait. Today, we are all proud of the excellent work of the U.S. and allied forces. Despite the removal of Iraqi forces from Kuwait, we have much to accomplish in the coming months and years. I am co- sponsoring legislation that will call for foreign nations to make good on the billions of dollars in pledges to help pay for the war (H.Con.Res. 34). In addition, I am co -sponsoring legislation that encourages the government of Kuwait to continue its use of U.S. and allied firms to restore and repair their war -torn nation (H.Res. 18). I am a co-sponsor of measures to alleviate the loss of earnings by members of our Reserve and Guard units that were called upon during the war (H.R. 695 and H.R. 557). These bills are supported by the Reserve Officer's Association. Throughout the years, securing peace and freedom and deterring aggression has been costly. I am proud of my past votes supporting a strong U.S. military and I will continue to support providing our men and women with the most advanced technological equipment available to deal with any future "Saddam Hussein's." I, like so many Americans, look forward to the declining tensions between the United States and Soviet Union. But I fully intend to make sure that the United States continues to have the capability to respond quickly and effectively to any future crisis. S' c rely, a 0"A-7 Don Young Congressman for all Alaska 1 'V * IS 1 4-�Nq� j O A 5' p n/ / n 12V Xenai J&cF-nte-tzn1a `V[iltoti and C..0entiOYL Jgatzaa i April 24, 1991 BICENTENNIAL a 4e4 a Y°asG - 66p ay-eA / MEMORANDUM TO: Members, Board of Directors FROM: Sue Carter, Executive Director RE: RESPONSE FROM INDUSTRY FOR FUNDING ASSISTANCE 'Pet", e CPR 1991OD w CITY CLEx,( ti NCITY OF KENA , -4 s`���Ya it 0i.6aL�� The following is a list of those corporations/businesses who have generously donated to either the Kenai Bicentennial Visitors & Cultural Center or to the Bicentennial special events and activities: CHEVRON USA ARCO ALASKA COOK INLET PIPELINE COMPANY TELEPHONE UTILITIES OF THE NORTHLAND PHILLIPS PETROLEUM FIRST NATIONAL BANK OF ANCHORAGE TESORO ALASKA SHELL WESTERN E & P TELEPHONE UTILITIES OF ALASKA $15,000 15,000 10,000 950 1,500 $2,000 2,500 3,000 2,500 To date, through our fund raising efforts, we have received over $50,000 in additional monies to assist with the Bicentennial Celebration. As you know, over fifty packets were sent out to various industry representatives and, hopefully, we shall be receiving additional positive input in the near future. My thanks to each and everyone of you for your continued support in our endeavors to make this Bicentennial celebration a memorable success! CC: Kenai City Council P. 0. Box 1991, Kenai, Alaska 99611 0 (907) 283-1991 A S H L E Y R E E D A S S O C I AT E nv q �; 9J w 0 ���� �w 68L95'Y'� April 23, 1991 GOVERNMENT RELATIONS AND PUBLIC AFFAIRS CONSULTANTS ,.r To: Bill Brighton City of Kenai From: Ashley Reed Re: Budget Report In an effort to keep you up to date on budget developments, I have attached a report reviewing the legislature's budget activity and discussions. I hope this information is useful. Attachment v 510 L Street • Suite 210 •Anchorage, Alaska 99501 (907) 279-5350 • FAX(907) 258-3527 CAPITAL INFORMATION GROUP BUDGET REPORT April 6-April 12 OVERVIEW.................................................................................................................. I FY92 BUDGET..................................................................................................1 Senate Finance Schedule for Operating Budget, HB 75................I Senate Finance Subcommittees Considers Operating Appropriations...............................................................................................1 Commerce/Economic Development ......................................... I Environmental Conservation........................................................2 Fishand Game...................................................................................2 Health and Social Services............................................................2 Labor......................................................................................................2 Military and Veterans Affairs........................................................2 Revenue............................................................................................... 2 PublicSafety........................................................................................2 Transportation/Public Facilities..................................................3 CourtSystem....................................................................................3 Governor Urges Lower Operating Budget, Road to Cordova ........ 3 Anchorage Caucus Seeks Consensus on Capital Budget.................3 Mental Health Trust Is Focus of Budget Dispute ..............................4 FY 92 Spending Plans Compared............................................................6 SUPPLEMENTALS....................................................................................................6 _ Legislature to Skip Override Vote on Supplemental Vetoes .......6 REVENUE...................................................................................................................7 Revenue Forecast Update Expected From Cambridge Experts.............................................................................................................. 7 SPECIALFUNDS........................................................................................................7 SupplementalBenefits Funds...................................................................7 0 Capital Information Group, 1991 CAPITAL INFORMATION GROUP BUDGET REPORT April 6-April 12 OVERVIEW Senate Finance subcommittees began submitting operating budget spreadsheets for their assigned agencies: the ten spreadsheets or reports available on Friday showed few differences from the budget bill that passed the House on March 27. Senate Finance co-chair Kerttula distributed a budget schedule showing the last committee operating budget close-out occurring on April 25. FY 92 BUDGET Senate Finance Schedule for Operating Budget, HB 75 Senate Finance subcommittees this week continued their reviews of agency operating budgets. A schedule circulated on Friday, April 12, shows the following: Tuesday, April 16 -- final subcommittee close outs, all amendments due. Thursday, April 18 -- Senate caucus. April 18-23 -- Agency close outs before full committee. Wednesday, April 24 -- Revenue forecast discussion. Thursday, April 25 -- Front section and mental health close out. Senate Finance Subcommittees Considers Operating Anprooriations By the end of the week, Senate Finance subcommittees had made tentative decisions concerning the ten departmental budgets or categories listed below. Changes are possible (in some cases, likely) when these recommendations are brought before the caucus or the full committee. Commerce/Economic Development The Senates operating proposal is $67.3 million, down by $3.5 million from the House. Major areas of cuts are measurement standards, the Alaska Public Utilities Commission, insurance, business development and tourism. The Senate gave increases to the Alaska Energy Authority, the Office of International Trade, and the commissioner's office. This budget is expected to change, however, in the full committee, with add-ons especially likely in tourism, and possible reductions in the power cost equalization program, where the subcommittee accepted the House proposal. page 1 0 Capital Information Group, 1991 Environmental Conservation DEC's total general fund agency appropriation would be $22.7 million, down by about $700,000 from the House proposal. Generally, the budget is little different from the House bill, but with seven fewer positions. A special assistant was deleted from the commissioner's office, and program receipt authority for. permit charges was changed, but a Senate intent item would direct DEC to identify opportunities for collecting more in permit and other fees. The Senate proposes to take $45.2 million from the oil and hazardous substances response (470) fund, compared with $45.8 million in the House budget, but the actual differences are larger, since the Senate increases the allocation to the spill reserve by $4.5 million. Substantive 470 fund differences are a $3.5 million reduction from the House in oil spill litigation funding, $100,000 added for a regional oversight council in Northwest Alaska, and $650,000 added to cover an Exxon spill -related salmon project at Fish and Game. DEC had earlier argued that the project wasn't appropriate for spill funding. Fish and Game The Senate subcommittee proposal would increase the the Fish and Game budget by $1 million over the House, with the biggest single Increment an additional $550,000 for hatchery operations in Cook Inlet and Norton Sound. Extra funds were also provided for studies of developing commercial fisheries, but cuts were made in Cook Inlet and Prince William Sound fishery management. — Health and Social Services The subcommittee's general fund appropriation proposal is $19 million below the House bill. Most of the cuts come from the health component, with the subcommittee accepting the Governor's spending proposals for infant program grants ($1.6 million lower than proposed by the House), alcohol and drug abuse services ($3.9 million lower), community mental health grants ($8 million lower), and community developmentally disabled grants ($5.3 million lower). As in the House, the subcommittee appears to support the continued transfer of service delivery to regional non-profit corporations. Labor The Senate subcommittee proposes a budget $673,000 lower than the House, with most of the cuts in the workers compensation program, an area apparently of special interest to the subcommittee chair, Sen Shultz, . Military and Veterans Affairs The Senate subcommittee adopted most of the House figures, but approved $400,000 less for the disaster relief fund. Revenue The proposed total funding is almost identical to the House's number. Public Safety page 2 © Capital Information Group, 1991 The subcommittee report did not include a spread sheet or total funding information. Transportation/Public Facilities The subcommittee proposes to spend $6.5 million more than the House in state funds for DOT/PF. The increases are concentrated in highway maintenance and operations. with all regions benefiting. The subcommittee report says the increases reflect bringing the Governor's proposed capital budget increases for deferred maintenance into the operating budget. The Dalton Highway and aviation component was also increased over the House proposal, but users will be expected to pay more. The ferry system would get $500.000 less than under the House bill. Court System The proposed total funding and component allocations are virtually identical to those in the House version. Governor Urges Lower Operating Budget. Road to Cordova In a letter to Senate President dated April 11, Governor Hickel urged the Senate to budget for FY 92 on the assumption that Alaska North Slope oil prices will average $16.50/bbl. in the US market, a figure he said he earlier thought the legislature and administration had agreed upon. According to Hickel, the use of an $18.00/bbl. assumed FY 92 oil price "has allowed House budget writers to produce a budget $168 million over our latest recommended level." In a press conference on April 12, however, Hickel said that the budget problem was "not how much you spend, it's how you spend it." In response to a question concerning a road to Cordova, the Governor said the administration is planning "a minimum road into Cordova, [to be built] in a short period of time." An appropriation for this project has not yet been introduced by the administration. The governor's letter to Eliason specifically criticized the House for: • financing excess spending out of the budget reserve fund instead of using the money to retire debt through his proposed debt retirement fund; • increasing the legislature's own internal budget; and failing to make accommodation for new legislation or "having to bail- out the S[upplemental] Benefits] System] problem." Hickel said he hoped the Senate would correct these problems. Anchorage Caucus Seeks Consensus on Capital Budget page 3 © Capital Information Group, 1991 At its regular Thursday noon meeting, the Anchorage legislative caucus moved towards developing a united front on an allocation scheme for the $25-40 million in capital appropriations they expect to have available for spending at the discretion of district legislative delegations. Caucus co-chair Kay Brown provided a large list of capital project proposals compiled from the individual lists received from Representatives. Total cost of the projects on the list was $250 million. Rep. Brown identified the projects that wereincluded on lists of three or more representatives. There was a general consensus that some projects on the list, such as the $39 million court system upgrade, should be considered statewide projects, and not counted against Anchorage's allocation. Not counting the court system project, the 30 projects receiving three or more House member endorsements totaled about $80 million. Notable were a new capital construction block grant program for social service non-profit organizations, and the Ship Creek Basin economic development project. Sen Pourchot noted that the Senate priority list was not very different from the House list. Sen. Rodey suggested that the House list be combined with the one to come from the Senate, and the combined list be further winnowed down by a caucus subcommittee consisting of Reps. Brown and Barnes, and Sens. Pourchot and Collins. There was no objection. Rep Parnell suggested that the individual members lists be circulated to all members, but the consensus of the caucus was that these should be kept confidential. Rep. Brown also circulated a letter in which she indicated House members suggestions for questions and criteria for screening capital projects: (1) Does the project serve a public purpose? (2) Does it deal with health or safety concerns? (3) How was the project ranked by the municipality, school district, or university? (4) Was it among the projects vetoed last year? (5) Does it contribute to economic development/diversification? (6) Does it have private sector funding support? (7) Is the public behind the project? (8) Does the project reduce ongoing public spending? Mental Health Trust Is Focus of Budget Dispute The mental health trust income account (MHTIA) in the general fund is expected to be the funding source for over $100 million of "necessary expenses" of the state's mental health programs. Advocates of mental health programs, under the umbrella of the Mental Health Trust Coalition, say the account is being raided -- with more than $80 million illegally extracted last year in a budget -balancing raid. They object also to the uses of mental health funds proposed in this year's budget, and argue that all the improperly used money will soon have to be paid back. page 4 m Capital Information Group, 1991 If the plaintiffs are correct, a major shift in budget priorities could occur within a few months, with the possibility of substantially increased spending for mental health purposes. In the meantime, the amount that should (or could) be spent from the account continues to be discussed by the two finance committees and the Office of Management and Budget, apparently without much concern for the continuing litigation. In a March 7 memorandum, OMB identified $135 million in spending eligible for MHTIA funding, with capital spending yet to be identified. The House budget suggested $134 million. Senate Finance has scheduled its determination for Thursday, April 25, at the same time the full committee closes out their version of the operating budget. Whatever happens, it is likely that mental health program advocates will again seek help from the courts. The state does not have a good track record in legal disputes with these plaintiffs. The state lost its first round with mental health advocates in 1985, when the Alaska Supreme Court found that a 1977 state law changing the special status of mental health lands had violated the government's trust responsibilities under the 1956 federal Alaska Mental Health Enabling Act. The court directed the parties, under the supervision of Judge Green in Fairbanks, to either reconstitute the trust with the lands the state reclassified in 1977, or otherwise work out a settlement. Putting the trust back together would be a formidable task, since the most valuable lands had been transfered to third parties or otherwise encumbered since 1977. Arriving at a mutually agreeable cash settlement is difficult too. Experts hired by the mental health advocates say the land was worth about $2.2 billion in 1977, while the Dept. of Natural Resources' appraisers believe $600 million nearer the mark. The mental health trust income account was established in 1986, to temporarily cover the costs of the state's mental health programs until a legislative settlement could be worked out and enacted. The account was to get 5 percent of the state's unrestricted general fund revenue. The state lost its second legal battle last year. Little progress had been made toward a bilateral solution, so in the 1990 session the legislature, led by the Senate Finance Committee, increased the allocation to 6 percent of unrestricted revenue, and unilaterally declared that the temporary arrangement was now the permanent solution. Judge Green quickly ruled this to be an inappropriate approach to reconstituting the trust, as required by the 1986 Supreme Court ruling. A third legal battle is shaping up over the proposed $140 million in spending from the account. The Mental Health Lands Coalition says the state government has violated its responsibilities with respect to the account in two ways -- by ignoring the recommendations of the page 5 ©Capital Information Group, 1991 mental health board for increased spending, and by cutting already operating mental health programs in accordance with administration plans for across the board reductions. Mental health advocates were not pleased by a March 7 memorandum from the Office of Management and Budget suggesting that the draw from the fund could be increased to include $4 million that would go directly to the general fund as reimbursement for administrative overhead. Two major legislative proposals have been introduced to resolve the dispute, but neither appear close to passage. The mental health coalition supports SB 65/HB 79 by Sen. Duncan and Rep. Boyer, which would essentially turn mental heath spending over to a newly constituted mental health trust authority. The concept is unlikely to win legislative or administration support, at least not without more pressure from the courts. The other proposal is a two -bill package, HB 58/SSHB 59. related bills by Rep. Larson, that would reconstitute the trust. The Larson approach retains spending authority with the legislature, would likely result in the assignment of a lower value to the trust lands, and would offset past mental health expense against the amount owed by the state to the trust. The Larson bills are opposed by the mental health advocacy groups. A hearing on the Larson and Boyer bills is scheduled for Tuesday, April 16, in House Finance. The Mental Health Coalition and its supporters continue to lobby legislators; meetings with administration officials continue in the context of the "mental health lands task force" set up by Hickel to recommend solutions. Progress does not seem likely, however, until the two sides gain a more similar view of their relative bargaining strengths. FY 92 Spending Plans Compared Attached to this week's Budget Report is a spreadsheet showing, as nearly as has been determined, the FY 92 spending plans of the Governor, House and Senate, presented on a side -by -side basis. Despite apparent differences between Senate and House result from differing accounting approaches (i.e., the Senate's preference for allocating this session's capital spending to an FY 91 supplemental), overall spending levels, as shown by the projected balance/budget reserve carried forward to FY 93, are similar. Next week's budget report will look at the House -Senate differences in detail. SUPPLEMENTALS Legislature to Skip Override Vote on Supplemental Vetoes According to legislative leaders, no attempt is planned to override Governor Hickel's vetoes of items in SB 41, the "fast track" supplemental appropriations bill. The Governor's action affected about page 6 ©Capital Information Group. 1991 $2 million in social service and public facility operations spending (see Budget Report, March 30-April 5). REVENUE Revenue Forecast Update Expected From Cambridge Experts On Wednesday, April 24, Senate Finance expects to hear experts with Cambridge Energy Research Associates provide an update on their oil price forecast. The briefing will come just one day before the Committee is scheduled to close out its version of the operating budget. SPECIAL FUNDS Supplemental Benefits Funds On April 10, the California commissioner of insurance asked for authority to assume control of Executive Life, a trouble insurance company holding as much as $132 million in fund of the state employees' supplemental benefits system. As noted above, in a letter to Senate President Eliason, Governor Hickel urged legislators to plan for the possible costs of a bail -out. page 7 © Capital Information Group, 1991 • FY 90 CARRY FORWARD FY91 Revenues [2] Railbelt Energy Fund FY91 Adjustments to Revenue FY91 AVAILABLE FY91 Expenditures Operating Debt Service -G.O. Debt -School Debt -Other Debt Capital Loans Budget Reserve Fund/PFD Reimb Science & Tech Endowment Supplementals - Operating Supplementals - Capital FY91 Expenditures Carryforward/Budget Reserve FY92 Revenues [3] FY92 Adjustments FY92 AVAILABLE FY92 Expenditures CAPITAL INFORMATION GROUP BUDGET REPORT FY91/92 BUDGET PLANS (general fund, in millions of dollars) Governor [1] House 380.8 380.8 2,656.4 2,656.4 127.2 127.2 73.4 73.4 3,237.8 3,237.8 1,966.7 95.6 116.7 12.1 258.3 13.7 31.5 32.0 120.9 278A 2,925.9 311.9 2,256.0 16.0 2,583.9 Operating 1,842.1 Debt Service -G.O. Debt 68.3 -School Debt 123.4 -Other Debt 11.9 Capital 54.5 Loans 16.5 Oil/Hazardous Fund 28.5 New Legislation 20.0 Storage Tank Assistance Fund 4.5 FY92 EXPENDITURES 2,169.7 Balance/Budget Reserve 414.2 [ 1 ] Disregards proposed debt fund [2] FY 91 revenue based on $20.57/bbl for Alaska oil on the US West Coast. [3] FY 92 revenue based on $18.00/bbl for Alaska oil on the US West Coast. ©Capital Information Group, 1991 1,966.7 95.6 116.7 12.1 258.3 13.7 31.5 32.0 129.0 0.0 2,655.6 582.2 2,252.8 7.1 2,842.1 1,987.6 68.3 129.0 11.9 200.0 20.5 28.5 12.0 0.0 2,457.8 384.3 Senate 380.8 2,826.0 127.2 61.1 3,395.1 2,038.4 95.6 116.7 12.1 274.0 13.7 31.5 32.0 125.0 250.0 2.989.0 406.1 2,400.0 57.7 2,863.8 2,179.4 68.3 129.0 11.9 0.0 17.4 28.5 30.5 0.0 2,465.0 398.8 a DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES CENTRAL REGION -DIVISION OF DESIGN AND CONSTRUCTION TRAFFIC AND SAFETY "' aPR 1991 Received city of Kenai ^' public Works Deft Keith Kornelis Public Works Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Kornelis: April 15, 1991 /WY couu�l� s'/�l4/ WALTER ). HICKEL, GOVERNOR 4111 AVIATION AVENUE P.O. BOX 1%900 ANCHORAGE, ALASKA 99519-6900 (FAX 243-1512) RE: Project No. HES-022-(5) 58490 Kenai Spur Road/Forest Drive Signalization Thank you for taking the time to review and comment on the design for the proposed traffic signal at Kenai Spur Road and Forest Drive. We are pleased that the project is supported by the City of Kenai, and hope that the signal will improve motorist safety at the intersection. We have reevaluated the items enumerated in your letter and have the following replies: 1 1. A capacity analysis was performed for this location. The results of that analysis supports protected left turn pockets for the Kenai Spur approaches. 2. Although we agree that adding right turn lanes on Forest Drive would be desireable, we do not believe that the benefit would justify the cost. We have done a capacity analysis of the intersection that assumes the existing lane configurations, a functioning traffic signal, and normal traffic growth. The analysis indicates that the intersection will still operate with a good level of service ten years after construction. This project will be funded through the statewide safety program which provides a limited amount of funding to build low cost safety improvements that can be developed expeditiously. Improvements that require substantial right of way acquisition, or utility relocation are normally developed through the six year Capital Improvements Program. w, ,, To: Keith Kornelis 2 April 15, 1991 3. The detector loops will be installed by first removing and later patching an asphalt area slightly larger than each six foot by six foot loop. This will eliminate the problem experienced at other existing signals in Kenai where only narrow slots and patches were made. We are unable to evaluate the Sears Elementary School intersection with North Forest Drive as a part of this project. Our scope of work only allows us to consider the safety concerns at the Kenai Spur and Forest Drive intersection. Again, thank you for your comments. We will be sending a revised plan set to you soon for your consideration. Project construction is still planned to begin in late fall. JC\bat Sincerely Tony Barter, P.E., Chief Traffic, Safety and Utilities Section Central Region O N O N r%- Y O O O P L CD O C O C Li L cu C to L Q) ai W aJ ul u 14 1~ co a s 0 ai G ,J r-I -H ca U U $4 34 4J u D 9 co 00 p al •r1 •rl T q +� O p •b 17 o m 0 4-1 a) (1) W n 0 � -H4-1 U �O cd a) co A U .0 �n A 00 co U P P b0 $4 4J a1 00 0 U 00 w U U -H $4 � CO a41 \H G O O O •4 00 U1 •• 44 O W LW 44 U) 0 'r1 W O c0 c0 •b p 41 CO W Co Ili I + Tf co m a) I N a� 3 v v 0 —1 -4 44 Q) 3 u u O co 11 0 0" 6044 •d Ri U] $4 ra U aJ p 0 0 -H P .0 41 O al s•+1~. ,J •rl •r1 •C co k canes -0.0•F4•A•H 0 V4 W a � $4 o cn aui —4PX+ 0 U Q) 0) Q) dH1:4HH04En � tJ aJ co aJ a� a w 0 a w O •r1 u 4-1 ca u OI El w u ca a cn co m m to u E1 .0cn w -° -° c ca �Qo G O" +-1 W G C oD Ou0 bU0 H O O bU0 CO w 0o cl Cl) r-I •ri r I UU) fA •� r4 -H H co O iJ 4J r-i L'. {r 4J Rf J.J 4J 41 +J fI 0 0 0 P$4 0 N o 0 �+ W N UU EnHHUP4UUPW a+ 4J O O C 0 M 0 0 0 0 0 O OO 000N 00000 O Ov1 L' COC�OOOOO O ❑O OEM OOm1.00ONO .--i m m Ln N N ON 00 N 41 00 L'. O aJ •rl U C 4J d T1 N G". ca f. 14 rq <4 a �1 -1 ca� W 4J •r01 3 H -H a co A FA aui .0 4-)J -4 ca as Cn 04 Pa cn d' En En Q' PL4 W .-1 -1 .-4 .4 —4 - —.4 rn 4J rnrn rnrnrnrnarn rnrnrn\\\\\ \ \ \ \ \ \ O N N L n LO �O A vl 00 00 m O\ .-1 —4 —4 N N N \ \ \ \ \ \ \ \ \ \ \ 1 � 9 rim Svc o ►►VNiMI1 13 1 C 1: NT 1: N N 1 A L I' [iije W aa7a tC' y urd}i a >�utu�s'e! April 30, 1991 Representative Gail Phillips State of Alaska House of Representatives P.O. Box V Juneau, AK 99811 Dear Gail, CITY OF KENAI V 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 Thank you very much for taking the opportunity to visit with me during my visit to Juneau last week. I have had some long discussions regarding the Court House project and it is very / apparent that the success of this project will hinge on Senator Fischer giving his blessing. You undoubtedly have had the same conversations with Mr. Snowden as I have. I think the feeling is mutual. I think that in your speaking with Paul, you may be able to convince him that the project is in the best interest of the community. Also, it will benefit him politically to support a project of this nature. I leave the format of your discussion with Senator Fischer to you. The City is willing, as stated in its resolution, to do everything within its means to promote this project. This includes the purchase of the necessary property; the contracting of architects, engineering and construction services; and the bonding and financing to realize the completion of this turn -key operation which can then be transferred to the Court System. It is much more advantageous to have the City handle the building of this project because we can utilize the same professional service of architects and engineers as were used in the past without regard to the bidding procedures. The State must use bidding procedures whereas the City can use a preferential selection system which will save a tremendous amount of time and money. Representative Gail Phillips April 29, 1991 Page 2 Once again, thank you very much for your time. I look forward to visiting with you during the end of the session. I hope that the first half of your first term has been a gratifying experience for you. Sincerely, CITY OF KEN "7// lfohnn /d /Williams May JJW/clf I'I( E'N'TENNIAL IltMye atbT-a PaI-- atyr w&ta fame! April 30, 1991 Representative Mike Navarre State of Alaska House of Representatives P.O. Box V Juneau, AK 99811 Dear Mike, CITY OF KENA1 �J/o -8 nz eaf� 4 4Za 210 Fidalgo Avenue Kenai, Alaska 99611 TnEPHONE 283-7535 FAX 907-283-3014 Thank you very much for taking the time to visit with me during my trip to Juneau last week. I feel our evening together was very productive. Hopefully a few things about the Congregate Housing Project have been cleared up. Most specifically, I want to assure you that a full set of criteria will be developed governing the rental of the facility and the various levels of waiting lists that will be used. It is the City's intention to run this facility as an Equal Housing Opportunity project. We intend to use the same criteria specified except for the rent schedules and income limitations developed by HUD in their Section 8 program and FHA in their Section 515 program. Over the years, through my business, I have been able to adapt contracts to fit the needs of a wide variety of housing circumstances in the local area. I will discuss the Court House project with other constituents here in the community who may be able to exert some influence on Senator Fischer in obtaining his support. Ashley indicated that he would work with you in developing a multi-signatured letter that may get Senator Fischer to join in signing. I hope that this is the case. This particular project would be a real benefit to the community and I know you are in full support of it. I just wish that political interference was not always a part of the overall process. On other matters, I am including a copy of a report made by Keith Kornelis to the Council regarding the highway project between Kenai and Soldotna. I thought that you may be interested in the schedule now proposed. This project has been in the mill for at least the entire five years I have been Mayor and then some. It Representative Mike Navarre April 29, 1991 Page 2 has been very interesting to watch as the schedule has changed in the overall development of the program as it seems to have taken on a different appearance. My personal opinion is that the project needs to be tracked to insure that it will not fall between the cracks and not get done. Once again Mike, I appreciate the work you are doing in Juneau even though I may be slow in getting my compliments to you. I hope you understand that I support your efforts and do speak up for you on your behalf at necessary times. I hope to see you in Juneau toward the close of the session and will look forward to a future visit. Sincerely, JJW/clf Enclosure 111 CEN"1 ENNIAL k4e fa-hke April 30, 1991 Senator Paul Fischer State of Alaska P.O. Box V Juneau, AK 99811 Dear Senator Fischer: CITY OF KENA 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 � : J 9 Thank you very much for the opportunity to visit with you during my trip to Juneau last week. I appreciate your concerns with regard to the ongoing and operational costs of the proposed court house. I believe, however, that you will agree that many of these costs are.going to be there anyway as a result of the judicial system's growth. That is a matter neither you nor I can do much about when the population continues to increase and, as noted in this morning's Daily News, the crime is up considerably. I suppose one would say that it is a sign of our times and, in fact, of society. I would like to point out a few interesting facts with regard to the local court system. On many occasions, the City has allowed the court system to use our City Council Chambers for local hearings, court proceedings, and trials primarily because of the tremendous overload of cases. As you are well aware, the court system has had to rent a considerable amount of outside space in order to accommodate the public defenders, prosecutors and others. It has now come to my attention that the District Attorney's office will soon have to join the ranks of those renting space away from the court house. It would seem more financially expedient to contain all of those associated with the law community in their own facility rather than to continue to support the overhead and upkeep of these groups in rented facilities. Politically speaking, all citizens are concerned Senator Paul Fischer April 30, 1991 Page 2 about crime. Even though our judicial system seems to fail once in awhile, I believe, by and large, the citizens are in agreement that the court system, judges, juries and the entire local law community serves a very needed function in maintaining justice in our society. With all of those things in mind, I would urge you to offer your support and allow the judicial system to continue to serve the community in a manner it should. Thank you very much -for your thoughts on this matter and I will be available to discuss -the project further if you feel it necessary. I believe we are all anxious to move the Congregate Housing Project to completion and get it behind us. We all appreciate your past support and continued efforts on behalf of this project for the City of Kenai and all our senior citizens. I look forward to visiting with you toward the end of the session. Thank you very for your patience in these matters. Sincerely, CITY OF KENAL Williams JJW/clf t L\ %mm N Aw i H 1 I fiICENTENNIA1, �'`L'ia�e cNcfl�a moist= C'(�r�i�a �( uhe � April 30, 1991 Senator Jay Kerttula State of Alaska P.O. Box V Juneau, AK 99811 Dear Senator Kerttula: CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 I am sorry that we were not able to meet during my trip to Juneau last week. I realize that the Senate has an extremely heavy workload and that our scheduling was just a bit off. I do hope that we have your continued support for our Congregate Housing Project. I assure you that, with the funding as requested in this year's capital budget, this project will be a reality, will be completed, and will not be on your agenda again! I look forward to visiting with you toward the closing of the session. I hope that all goes well as you wrap things up for another year. Sincerely, CITY OF KENAI John Williams. May JJW/clf EXQW11 ItIC'I;N"I'1 NNIA1. April 30, 1991 Senator Pat Pourchot State of Alaska P.O. Box V Juneau, AK 99811 Dear Pat, CITY OF KEG ..ail ea�.dzvl ,,,/ , �U 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 Thank you very much for taking the time to visit with me during my visit to Juneau last week. I enjoyed your presentation, along with Representative Navarre, on television yesterday evening. I thought your presentations were very well expressed and taken. With regard to our discussion concerning our Congregate Housing project as a capital project for Kenai, please keep in mind that this has been an ongoing project, in thought, planning and funding for nearly seven years now. We are all anxious to see the project become a reality and get on to other things. As you will recall, the Legislature funded us in the amount of $3.8 million during the last session. With the additionally requested $3.1 million, we will be able to complete the project in its entirety and move on. Thank you very much for your past and continued support of this project. I look forward to seeing you toward the close of the session. On behalf of us here in Kenai, keep up the good work!. Sincerely, CITY OF KEN hn J. Williams ao JJW/clf 0 a v LL uj 0 NATIONAL PHOTO MONTH NATIONAL SIGHT -SAVING MONTH a 0 we _jz co I- ¢w a fY WO w+ ac zm xaAoa co w` OW U Qi Fia =J Ln z T— Nm Y 1r I Ln z 3 Ul cd •rl r ►Oi D U 54 �' � ►0o To = . 1 Ca a% cc¢ 3 O 00 Z(K t°i F O I O N Q 4J }4 O K L ~ U) ,.a dJ w zo °H zw O ME" z N' O n o°a F� b p==M O (� �' 1 y .— U¢ cd �4 N K7Y M m z C% H .— H Z Om ►+ 00 W G UW OrQ O OWCO aI it •Jw O gslxacczs w C3030C O y N rn��a N° z cn N MN D a w 4WD K win c w O L 4D G W E m U m LLMi OW"IX SU Ww O} i O Lr)=Q ¢O M WO WCm �"a 'J�\ ) N zO N En �cc W�3 m n a �- Z. spm O �+ QMK O "WOO U. .--I J=aN fN r� z .az o o? m � O=xa mO,- �- v - ¢ 00 o cy�� "mm �' 00 r_ ti N ,� N N U) •• M Z OJt' ►+ H w I O cc0 WO} 0) (r M z r4 O H �+ H c i¢W¢W .0 .0 9 ¢� Mix rl E-H zY CWHZZY 'd Oa 'r4 mw r-a U OW OZUOQW t~ •� f~ A at(h Om L z ,�— " z N '� NLd } we ►+ ►� W 1 W J �U J m U J W WO EW as = a o cr. c-7nm cc JwO PCc ZYizYzY ZYZYCc U►�W►RNW_►°+W "W►�+WI N O� W LnM¢=cc c �- cc c O r- O N Uz zz z Z z = HINOW HZ'IVHH JVZNaN HINOW aRalS HNZZHg HINOW RNIg NVOINSW M O'�'u�pc DO THE rl ila7 GREATEST' THINGS Mothers are People who cook things. Like breakfast or lunch or a snack. Dexterous People who hook things That button or zip up the back. Mothers are People who blow things. Balloons and kisses and noses. Green -thumb People who grow things Like ivy and puppies and roses. Mothers are People who send things. Like letters and strawberry tarts. Magical People who mend things Like blue jeans and elbows and hearts. Mothers are People who find things. Like mittens and homework and germs. Fussbudget People who mind things Like cusswords, snowballs and worms. Mothers are People who sweep things. Like porches and cobwebs and rugs. Softhearted People who keep things Like artwork, report cards and hugs. Mothers are People who nurse things. A boy or a girl or a spouse. ,. And all in all there are worse things Than a Mother to have in your house. May 1 - Mother Goose Day: "Either alone or in sharing, read childhood nursery favorites and feel the warmth of Mother Goose's embrace". May 5 - Cinco de Mayo: Mexican National holiday recognizing the anni- versary of Battle of Puebla in 1862, in which Mexican troops under Gen. Zaragoza, outnumbered 3 to 1, defeated invading French forces of Napoleon III. May 11- KENAI CLEANUP DAY: Join other members of the community in sprucing up our town. Call Chamber of Commerce for more information. 283-7989 May 27- MEMORIAL DAY OBSERVANCE. The Library will be closed. Congratulations to all of the graduates in our community. We wish you well in your future endeavors. ALASKANA FILM SHOWINGS AT 2:00 PM EACH DAY, WILL BEGIN ON MAY 28TH NI •�' May 13 from 7-9p the Seward Genealogical Society will have a special meeting, with speaker, Janet Baccus, focusing on the use of maps and land records. Public is invited. COUNCIL PACKET DISTRIBUTION DATE: 4-4i I XX� /I I %cif Mayor and Council ✓ Attorney Fire Department ✓ City Manager Police Department V✓ Senior Center Library Parks & Rec. Borough Clerk Assembly (5) Public Wks. Sec.. Public Wks. Shop_ Bldg. Maintenance Bldg: official Streets Anchorage News Bulletin Board Finance Public Works ✓ Airport Chamber Animal Dock STP Legal Sec KCSY EDD Clerk ✓ K. Viall J.LaShot ✓ L.Harvey Kim ✓ Clarion Times Commissions Airport(LH) Aging(KL) _ Library(LH) Harbor(KV)_ Pks & Rec._ (LH) P&Z(LH) DELIVER Council Packets to Fire Department Clarion Packet to the Clarion with published agenda prior to 5:06 p.m. Times packet to be picked up by Ben Ellis at City Hall.