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Home My WebLink About1993-06-02 Council PacketKenai City Council Meeting Packet June 2, 1993 AGENDA EENAI CITY COUNCIL - REGULAR MEETING JUNE 2, 1993 7:00 P.N. RENAI CITY COUNCIL CHANBEBB 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. BCSEDULED PUBLIC COMMENT (10 Minutes) 1. Markhir Representative: Leasing former SouthCentral space at Kenai Airport. 2. BRA Aviation Representative Shirley Roberts: Leasing former SouthCentral space at Kenai Airport. 3. Kenai Peninsula Borough School District Representatives Margie Campbell and Jacquie Imle: Renovation of Kenai Elementary School building vs. construction of new building. 1. Ordinance No. 1542-93 - Increasing Estimated Revenues and Appropriations by $6,504 in the Council on Aging Title III Fund. 2. Ordinance No. 1543-93 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1993, and Ending June 30, 1994. 3. Ordinance No. 1544-93 - Increasing Estimated Revenues and Appropriations by $797,765 in the Evergreen/Haller Paving Capital Project Fund. 4. Ordinance No. 1545-93 - Increasing Estimated Revenues and Appropriations by $11,433 in the Rehabilitation of Taxiway A-3 Project. 5. Resolution No. 93-38 - Approving an amendment to the water and sewer utility regulations and rates, which was issued by the Acting City Manager on May 27, 1993, to become effective on July 1, 1993. 6. Resolution No. 93-39 - Awarding the janitorial contract for the Airport Terminal Building, for the period of July 1, 1993 through June 30, 1996, to Frontier Traininq Center for $2,254.24 per month. 7. Resolution No. 93-40 - Fixing the rate of levy of property tax for the fiscal year commencing July 1, 1993 and ending June 30, 1994. 8. Resolution No. 93-41 - Directing the continuation of the Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson and Eadies Way Paving Assessment District. 9. Resolution No. 93-42 - Ratifying amendments to the Airport Regulations. 10. Resolution No. 93-43 - Awarding a contract for the construction of 1993 Kenai Municipal Airport taxiway A-3 reconstruction to Doyle Construction for the total amount of $184,873.40, which includes the basic bid and additive Alternate A. 11. Resolution No. 93-44 - Awarding the bid for the Kenai Fire Department Roof Replacement to Peninsula Roofing, for a total amount of $31,638.00. 12. Resolution No. 93-45 - Awarding a contract to William J. Nelson & Associates for design and project management services on the Street Paving 1993 Haller, Evergreen, McKinley, North Gill, Second, Third, Fourth, Jefferson, and Radios Way Project for a not -to -exceed amount of $55,677.00. 13. 1993 Liquor License Application - Requesting to transfer liquor license from Casino Liquor Store to K-Mart. 14. *1993 Games of Chance and Contests of skill Permit Application - Alaska State Hospital and Nursing Home Association. 15. *1993 dames of Chance and Contests of skill Permit Application - Sons of the American Legion Squadron 020. 16. *1993 dames of Chance and Contests of Skill Permit Application - Kenai Peninsula Archers. F. 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 1. *Regular Meeting of May 19, 1993. 2. *Board of Adjustment Meeting of May 19, 1993. 1. Letter from Jim Arness regarding Townsite Historic District. G. OLD BUSINESS 1. *Rights -of -Way on Fish i Wildlife Service, u.s. survey 1435/Overland Drive. 2. For Approval - Agreement with Tom Manninen for City Manager position. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1546-93 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -for -Hire." 4. *Ordinance No. 1547-93 - Amending KMC 7.12 to provide for monthly filings of hotel/motel room tax returns for certain delinquent accounts. 5. *Ordinance No. 1548-93 - Finding that a portion of the Southeast 1/4, Section 36, T6N, R12W, S.M., City -Owned Lands, is not required for public use and may be sold. 6. *Ordinance No. 1549-93 - Amending the Kenai Municipal Code 14.20.150 to Include Revocation of Conditional Use Permits. 7. Letter regarding AML conference in Kenai. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DI8CUBSION 1. Citizens (five minutes) 2. Council X. PROPOBED EXECUTIVE 8E88ION -- Inlet Woods •1'-j A INFORNUION ITZKO Kenai City Council Meeting of June 2, 1993 1. 5/19/93 Council Meeting "To Do" List. 2. 5/11/93 T. Babcock letter regarding appointments to Alaska Statewide Private Industry Council. 3. 4/93 National Civic League, Civic Action publication. 4. 5/14/93 AML, Legislative Bulletin. 5. KMC 14.20.150 Conditional Uses and KMC 14.20.321 Bed & Breakfast Establishments. 6. 5/21/93 Notice of Closure, Overnight Camping at Kenai Municipal Park on Forest Drive. 7. 5/26/93 Letter to Doug Hart regarding his request for concession at the Kenai Airport. 8. 5/26/93 Letter to Coyle's Landing regarding unpaid hotel/motel room tax. �F�i�0�ll singsong soon--- _ ► 7A ADDRESS REPRESENTING " ! Z I�G j 3 " alp, Porr t4lAq N , CJr LL o (.J IZ P. O • �,�. to 57 Vrw,� ChS�°t�t 3a ry Q .4A S� /IAS'o+� �..�. ,o^"' n "-j f aM err M CNN r May 25, 1993 City of Kenai Attention: Sheryl City Clerk 210 Fidalgo Kenai, AK 99611 VIA: FAX - 283-3014 Dear Sheryl, MarkAir requests to be on the agenda for the June 2, 1993 City Council meeting. We will have a representative present to discuss MarkAir's request to relocate our operations into spaces 28/29 and 30/31, which were previously occupied by South Central Air at the Kenai Airport. If you have any questions, please feel free to contact my office at (907)266-3643. Sincerely, I &4-6'Z Carol Bradley t/ Properties Manager (907) 243-1414 • 800-644-0181 • Telex: 090-25274 MARKAIR AHG P.O. Box 196769 • 4100 W. International Airport Road • Anchorage, Alaska 99519-6769 113 Era Aviabon Center May 28, 1993 City of 17ena i 210 Fidalgo Suite 20C Kenai, Alaska 99611 RE: Kenai Municipal Airport ticket counter space. _ -a � IV City Council Members: on behalf of Ira Aviation, Inc., I am requesting the City Council to consider our intrest in t!-.e available ticket counter facility at the Kenai Municipal Airport. Due to our busy season, we would not be able to consider moving until the fall. At this time I am requesting that Ira Aviation, Inc., to be included in future negotiation of the available ticket counter space. Sincerely, Shirley Roberts Era Sales Representative Kenai Municipal Airport (907) 283-7241 L� 6160 Souft Airpark Drive, Anchorage, Alaska 99502, (907) 243-6633, Telecopier: (907) 266-8350, Telex: 25324 KENAI PENINSULA BOROUGH SCHOOL DISTRICT ,6 - 3 48 North Bifikley Street Soldotna, AK 99669-7598 • Phone 9071262-5846 Fax 9071262-904o May 25, 1993 (. Cie Mayor John Williams and Kenai City Council Kenai City Hall 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 Dear Mayor Williams and Council Members, At the School Board's May 24th meeting, the Board postponed action on requesting the Borough Assembly to allocate funds for the retention of architectural services for a new Kenai elementary school. The Board would like to gather more input from the community. They want to know if there is community -wide support for building a new elementary school or whether they should support the renovation of the existing Kenai Elementary School building. The Board has asked that I contact you to solicit your group's input in the form of public comment at their next meeting on June 14th. Please let them know your feelings either in writing or verbally at this meeting. Thanks for your time with this. If your have any questions, please feel free to call me. Sincerely John K. Dahlgren, Associate Superintendent Planning, Operations and Technology ANCHOR POINT COOPER LANDING ENGLISH SAY HOMER HOPE NINILCHIK PORTGRAHAM RAZDOLNA SELDOVIA SEWARD KENAI MOOSE PASS NIKNSKI SOLDOTNA STERLING TUSTUMENA NIKOLAEVSK TYONEK C-1 Suggested by: City of Kenai NO. 1542-93 Administra L..Lvi, AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,504 IN THE COUNCIL ON AGING TITLE III FUND. WHEREAS, in the Council on Aging Title III fund, the State Grant originally was reduced by $453 in order to satisfy the Older Alaskans Commission requirement to reduce NTS grant awards for FY93 by .32678%; and WHEREAS, the Notice of Grant Award stated "if funding becomes available, the reduction of $453 would be reinstated." Grant Adjustment 11 received from the State restores the $453, thereby increasing Rental In -Kind in the amount of $51; and WHEREAS, meal donations are expected to be $6,000 more than was budgeted at the beginning of FY93. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Council on Aging Title III Fund Increase Estimated Revenues: State Aging Grant $ 453 In -Kind Rent 51 Meal Donations 6,000 $6,504 Increase Appropriations: Access - Repair and Maintenance $ 165 Access - Rentals 25 Congregate Meals - Operating Supplies 5,022 Congregate Meals - Rentals 26 Home Delivered Meals - Operating Supplies 1.266 r Ordinance No. 1542-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 19, 1993 Adopted: June 2, 1993 Effective: June 2, 1993 Approved by Finance: C 9a (5/12/93) kl �2- a Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1543-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1993, AND ENDING JUNE 30, 1994. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai 1993-94 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 1993 and ending June 30, 1994. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 1993, and ending the 30th day of June, 1994, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund Operating Budget $6,808,864 Restricted Reserves 300,000 $7,108,864 Boating Facility Fund 202,024 Airport Terminal Fund 295,000 Congregate Housing 220,000 Water and Sewer Fund 1,252,840 Airport Land System Fund 1,118,107 Senior Citizen Funds 329,233 Debt Service Funds 429,130 Capital Projects 209,000 Ordinance No. 1543-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk First Reading: May 19, 1993 Second Reading: June 2, 1993 Effective Date: June 2, 1993 Approved by Finance: C q Q (5/13/93) kl Tn TO: Kenai City Council FROM: Charles A. Brown, Finance Director DATE: May 13, 1993 SUBJECT: FY94 Budget, Updates through May 12, 1993 Below is a list of all changes made to the FY94 budget. This reconciles the budget presented to Council to the Ordinance drafted for introduction. GENERAL FUND Animal Shelter ($24,000 design only) $ <326,000> Fire Aerial <425,000> Parks Tractor <17,000> Public Safety Generator <88,000> Senior Center Utilities (Transfer) 15,600 Parks & Rec. Employee 4,634 Legislative - Donation to Visitors Bureau 5,000 Legislative - R.D.C. <1,636> Legislative - Lobbyist 24,000 Legislative - Christmas Party 4,000 Legislative - Change three donations <100> Beautification - Fire Pit 4,000 Building Inspector - Range B 1,225 Non -Dept. - Transfer, 1980 D/S <8,770> Non -Dept. - Transfer, Lease Caps <4.893> Total changes <812,940> Budget as presented 7,921,804 New Total $7,108,864 WATER AND SEWER Exploratory Well $ 20,000 Delete new sewer cleaning truck <150,000> Repair old sewer cleaning truck 55,000 Total changes <75,000> Budget as presented 1,327,840 New Total $1,252,840 AIRPORT LAND SYSTEM Decrease contingency (balances decrease in transfer from G/F) $ <4 893> Budget as presented 1,123,000 New Total S1.118.107 Memorandum Kenai City Council May 13, 1993 Page Two COUNCIL ON AGING - BOROUGH Increase in operating supplies Increase in utilities Decrease in utilities financed by 5-year Borough grant Total changes Budget as presented New Total Also, reconciled as: Transfers from G/F for utilities Reduce Borough 5-year appropriation Reduce Appropriation of F/B Total changes 1980 DABT SERVICE Reduce interest due Reduce fees Total changes Budget as presented New Total CAPIM PROJECTS Animal Shelter Budget as presented New Total to redemption $ 4,766 4,010 <4.010> 4,766 99,534 $ 104,300 $ 15,600 <4,010> <6.824> $ 4,766 $ <8,767> <3> <8,770> _ 38,300 $ 29,530 $ <326,000> 535,000 $ 209,000 1791- MI CITY OF KENAI %Od edp� 4 41" „ 210 FIDALOO KENAI, ALASKA 9"11 TELEPHONE M.7636 FAX 907.283-3014 MmopimuX TO: Kenai City Council FROM: Charles A. Brown, Finance Director e4Q DATE: May 26, 1993 SUBJECT: Annual Budget Based upon the agreement with Tom Manninen to be your next City Manager, you should amend the FY94 budget (Ordinance No. 1543-93). Increase the General Fund Operating Budget by $29,882. The detail will be: Salaries $22,000 Leave 377 Medicare 394 PERS 273 Workers Compensation 38 Transportation 4,800 Rentals 2.000 $2� Suggested by: AdminstratiG City of Kenai ORDINANCB NO. IS44-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $797,765 IN THE EVERGREEN/HALLER PAVING CAPITAL PROJECT FUND. WHEREAS, the City of Kenai is forming an assessment district to pave Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson, and Eadies Way; and WHEREAS, the cost of the paving project is estimated to be $740,405, of which 25% will be assessed against benefitted properties; and WHEREAS, the City intends to develop, at an estimated cost of $57,360, City -owned land to the west of Evergreen for future sale. 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: Appropriation of Fund Balance $112,666 Appropriation of Capital Improvement Reserve 680.925 $7�591 Increase Appropriations: Non -Departmental - Transfer to Capital Projects $793,591 Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance S 4.174, Increase Appropriations: Airport Land - Transfer to Capital Projects ,$4,1744 7 d-3 Ordinance No. 1544-93 Page Two Evergreen/Haller Paying CaRital Project Increase Estimated Revenues: Transfer from General Fund $793,591 Transfer from Airport Land System 4.174 s7�S Increase Appropriations: Paving Project - Administration $ 3,000 Paving Project - Engineering and Inspection Services 71,800 Paving Project - Construction 665,605 $740,44055 City Land Development - Administration $ 500 City Land Development - Engineering and Inspection Services 4,600 City Land Development - Construction 52,260 57,360 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 19, 1993 Adopted: June 2, 1993 Effective: June 2, 1993 Approved by Finance: C SD (5/14/93) kl Suggested by: City of Kenai NO. 1545-93 d - Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED S AND APPROPRIATIONS BY $11,433 IN THE REHABILITATION OF TAXIWAY A-3 PROJECT. WHEREAS, the low bid for the construction of the Rehabilitation of Taxiway A-3 project is $11,433 over the appropriated amount; and WHEREAS, the FAA and the State of Alaska have agreed to increase their grants to provide additional funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance 358 Increase Appropriations: M & O - Transfers 358 Rehabilitation A-3 -1993 Increase Estimated Revenues: Federal Grant $10,718 State Grant 357 Transfer from Airport 358 S1 Increase Appropriations: Construction S111,4333 11 4 Ordinance No. 1545-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 19, 1993 Adopted: June 2, 1993 Effective: June 2, 1993 Approved by Finance: (5/14/93) kl Suggested by: Administration City of Kenai RESOLUTION NO. 93-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPR60ING AN AMENDMENT TO THE WATER AND SEWER UTILITY REGULAT`6ltl AND RATES, WHICH WAS ISSUED BY THE ACTING CITY MANAGER ON MAY 27, 1993, TO BECOME EFFECTIVE ON JULY 1, 1993. WHEREAS, the proposed City of Kenai 1993-94 Annual Budget for the Water and Sewer Special Revenue Fund requires an increase in the water and sewer rates to adequately finance utility operations; and WHEREAS, KMC 17.05.040(g) and 17.10.070 empower the City Manager to establish water and sewer utility regulations and rates, subject to approval of the City Council; and WHEREAS, on May 27, 1993, the Acting City Manager adopted an amendment to the Public Utility Regulations and Rates to become effective on July 1, 1993; and WHEREAS, the substance of this amendment is to increase water and sewer service rates by percentages ranging from approximately 20% to approximately 22%. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the attached amendment to the water and sewer utility regulations and rates, issued by the Acting City Manager on May 27, 1993, to become effective on July 1, 1993, is hereby approved. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. 1 JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: e.4 (5/21/93) kl C - 5 CITY OF KENAI PUBLIC UTH1TY REGULATIONS AND RATES 7 The following regulations of the City of Kenai, pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai City Code of Ordinances. Regulations issued prim to this date are superseded by the regulations that follow: 1. Agphaafm for Service, It shall be the responsibility of the [CUSTOMER] =cM owner to apply for utility service or discontinuance of service by signing a service order at the City Administration Building, Kenai, Alaska. r a. The property owner or his contractor may apply for a water and sewer permit for a connection and/or extension of service lines. The entire cost of water or sewer service connection and extension will be borne by the property owner. b. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconnected from the City system and their use discontinued. C. All water turn-ons and turn-offs and the operations of the key box at the property line shall be made by City personnel only. A fee of ten dollars ($10.00) will be levied on requests for turn -on and turn-off (after initial turn -on) during normal duty hours. A fee of twenty dollars ($20.00) will be levied on requests for turn -on during periods other than normal duty hours, and whenever such action is required due to delinquent account. d. All customers shall be required to provide a separateL and waste valve, if it does not exist, inside a building being served. The valve shall be located on the service entering the building ahead of any branch lines where it is readily accessible in event of emergency. e. Each and every building served by the water utility shall have a separate outside shut-off. In the event it is impossible to get a separate outside shut-off within the public right-of-way, the property owner shall provide the shut- off within private property and execute, in favor of the City, an easement providing access for the City personnel to the key box. In the event that a functional shut-off valve cannot be located by City personnel, the City may install PU-1 7 a shut-off valve and charge the property owner for related labor, equipment, and material costs. 3. ftasits for Service: For domestic and commercial customers, a deposit is required of twenty dollars ($20.00) for water service and twenty dollars ($20.00) for sewer service. These deposits may be refunded upon request after two years of timely payment history. 4. : The use of fire hydrants is permitted only in special situations when approval, in writing, has been obtained from the City, and upon payment of the use charge. A deposit of One Hundred Fifty Dollars ($150.00) is required to assure careful use of the hydrant and will be refunded if no maintenance is required when hydrant use is completed. The use charge, which is non-refundable, is $30 per day. As an alternative charge, the City reserves the right to require metering in circumstances involving high volume usages, in accordance with rates provided in the rate schedules. Failure to obtain written authorization from the City, failure to follow written instructions of the City, or any improper use of a fire hydrant is subject to penalty provisions of KMC 13.05 and KMC 17.20.050. (Res. 92-13, 5/19/92) 5. common : There shall be no common connections for use by several properties or families. No connection will be permitted across property lines ,T^ unless assessments or lump sum payment has been paid. 6. Location of Bev Box: It shall be the property owner's responsibility to know the location of, and have marked, the key box and thaw wire on the water service connection. The standard key box marker shall be a 4" x 4" wood post, four feet in height, painted white with black top and the word "water" stenciled in black letters no smaller than two inches high. Property owners who do not use the standard marker should have some other method of locating their key boxes or be prepared to stand the cost of location in time of necessity. 7. Sewer Service Clean-0ut: No person shall install a sewer extension to a building without placing in the line near the building and at every change of direction of the sewer line, a sewer line clean -out of four inch minimum diameter. The property owner shall mark or be familiar with the location of such clean -outs. 8. Rantal : [IN THE CASE OF A DELINQUENT WATER AND SEWER BILL, THE PROPERTY OWNER SHALL BE HELD RESPONSIBLE.] AU ti lls are in the name of the oropuly owner. Bills MU be mailed to the renter. but the Qwnes is resaonsible for all Myments. PU-2 MENWIT. .. The charges to users of water and sewer systems within the City of Kenai are as follows: One or two-family residence, per family unit $[8.50] 10.35 [23.50] 28.70 Single or double unit apartment, per family unit [8.50] 10.35 [23.50] 28.70 Apartment, three or more units under one roof, per family unit -- single bill assumed by owner. [6.50] 7 $Q [ 18.00] 21.60 Separate billing [8.50] 10.35 [23.50] 28.70 Trailers, one or two on single lot or court (each). [8.50] 10.35 [23.50] 28.70 7 Trailers, three or more on lot or court, per trailer unit: Single billing [6.50] 7 $Q [18.00] 21.60 Separate billing [8.50] 1 ..35 [23.50] 28.70 Boarding houses and bed and breakfast establishments, per available room [4.25] 2.75 [11.75] 7.75 (Subject to seasonal adjustment) 0) (0) r-101 'Mill, MR, Mil WtIl I it I Will) M I! VKOJ I �- I i 74 W1 1; 911MI'l r:F*T;7FW1-MM1 M location, whether or not ihe location is occupiW. Special Conditions: The above schedule is restricted to service used exclusively for general domestic purposes, as distinguished from commercial or other uses of water or sewer service. PU-3 IMEN �.-�'.7 1 mad Charge: (Applicable to individual customers where water connection is one inch or larger, and is rated on the equivalent line size. This is in addition to the Use Charge.) 1.00 inch service 1.25 inch service 1.50 inch service 2.00 inch service 3.00 inch service Larger than 3.00 inch service �^ Bath House, tub or shower, each Bottling Works, per bottling machine Bowling Alleys, Amusement Parks Car Lot, with car wash facilities Car wash, automatic, per facility Car wash, self-service, per stall Churches, lodges, clubs, banquet rooms (no bar or restaurant facilities), per seat Cleaners and commercial laundries, per facility. $[8.801 10.50 $[24.001 29.00 [13.201 16.00 [36.001 43.00 [22.001 26.50 [6.1.001 73.00 [33.001.40,00 [91.001109.00 [50.001 60..00 [138.001165.00 [75.001 90.00 [207.001 248.00 [25.301 30.50 [69.851 84.00 [5.80] 7.00 [16.001 19.00 [24.201 29.00 [67.00] 80.50 [12.10] 14.50 [33.401 40.00 [16.151 19.50 [44.551 53.50 [•091 .11 [.251 .30 [69.501 LIM [192.001230.00 Dairies -- Installation of water meter required. PU-4 Day Care Center or Preschool (in addition to other applicable domestic or commercial charge). Per child, maximum capacity [.35] _,42 [.95] JU Doctors' and dentists' offices, per room or chair [5.20] -6M [14.35] 17.25 (Psychiatrists and Optometrists, apply office rate). Garage, service stations [10.45] 12.50 [28.85] 35.00 Additional charge for recreational vehicle dump stations (May through September only) [12.10] 14.50 [33.40] 40.00 Hangar, airplane repair: [10.451 12.50 [28.85] 34.75 with washing facilities [12.10] 14.50 [33.40] 40.00 Hospitals, per bed [6.90] 8.25 [19.05] 23.00 Hotels, motels, resorts, per room [5.35] 6.50 [14.75] 17.75 71 [DORMITORIES (SLEEPING QUARTERS), PER BED] [2.30] [6.35] Laundry, self-service, per machine Markets, meat Office buildings where single bill is assumed by owner, per business Office, in multiple office building where individual tenants are billed, per business Restaurants, cafes, lunch counters, fountains, taverns and bars (with kitchens) for each seat (Note 2) PU-5 [9.75] 11.75 [26.901 32.25 [13.301 16.00 [36.701 44.00 [11.501 14.00 (31.751 38.00 [13.301 16.00 [36.701 44.00 [.771 —.90 [2.131 2.55 IF - Public office building, per restroom Recreation facility, per restroom, sauna or shower, etc. Recreational vehicletcamper park, per parking space (demand charge only from October through April) Schools, per seating capacity Shopping centers (depends on stores included in shopping center, Note 1) Shops, beauty, per station or chair Shops, miscellaneous (including barber shops), per shop Sleeping room, per room (without facilities for housekeeping) Studios, photo or photo lab Supermarkets (grocery stores) Theaters: Indoor, per seat Outdoor, per stall Taverns, lounges, bars (without kitchens), per seat X-ray or laboratory office 1 [5.80] IM [16.001 19.25 [5.80] M [16.001 19.25 [.35] --,42 [.95] 1.15 [6.05] 1M [16.701 20.00 [6.05] 7.25 [16.701 20.00 [6.05] 2,Z [16.701 20.00 [2.30] 2.75 [6.35] 7.75 [28.501 34.25 [79.001 25M [68.501 82.25 [189.00] 227.00 [•04] _ M [.11] __..0 [•721 .85 [2.00] _ZA [17.00] 20,N [47.00] 56.50 Note 1: Additional for other facilities such as restaurant, beverage dispensary, etc., are at the applicable use charge for each facility. PU-6 Note 2a When a restaurant serves liquor and has no separate bar, no additional charge for a bar will be applied. However, when a restaurant has a separate bar, the bar stools will be charged at the given rate. 171 11 _,1 Ni p. • • . 1 11 • 1 .1 11_.!_ 11 11 1 • 1 " - �1 • 1 -1 ►/ k' .L ! R6111 notow-welIM 1114 11. too lilt' 11 • 1 _1. VA63w-'7 MI-Yarox7N, •..� N •11 '. 1 �: 1,. • 1 • I •.t" 1 41 •..•1 1 :1 Svecial Condition: Where more than one customer is served from the same service line between the City's water main and the customer's premises, the City reserves the exclusive right to determine how the demand charge under this rate schedule shall be applied and apportioned between said customers. The fee charged for acceptance at the sewer treatment plant of septic material collected within the City of Kenai shall be ten dollars ($10.00) per one hundred gallons. The gallons delivered shall be as estimated by the sewer treatment plant operator. Concrete mixing plant Concrete products Confectioner Greenhouse, commercial Ice cream plant Cold storage plant or lockers Demand Q=: [36.701 44.00 [101.001 121.00 [36.701 44.00 [101.001121.00 Note: Schedule B Demand Charge also applies to Schedule C Services. ,'1 it 76,1 !'- on NMI• • ' 1 11 III 1 11_1 a 11 1. 1 • 1 t 11.1 1 \/• 4 .11 1 ICl11 11 11 1 11 11 11',•I .1 1:4 i s M- I 1 ,� •7 . • I • 1 . c vi I I 1 I 1 � • I7- • 1 •... 1� PU-7 For automatic sprinkler system: NO CHARGE : (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire protection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and/or customer. (c) All connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or mains, unless approved by the City. (f) In times of emergency, the right is reserved by the City to turn off any fire hydrant and/or sprinkler system at the discretion of the City Fire Chief or other authorized person. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross -connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. I v 0111 P :2 � � 1:4 V "o (61- 4'.. General usage, per thousand gallons of water $[ .85] 1.00 $ [2.35] 2, Hydrant use and other use, per 1000 gallons of water 1.50 (Res. 92-13, 5/19/92) All usage, 15,000 gallons of water [12.75] 15.00 [35.251 AL The City reserves the right to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. Meter repair as necessary, shall be made by the City with costs billed to the owner. (Red) PU-8 One Time Service Charge: For ground floor area of 2,000 sq. ft. or less For each additional 1,000 sq. ft. (or portion thereof) One time charge. a. Water b. Sewer $[10.00] 12.00 $50.00 � II c. The permit fees set herein are to reimburse the City for the cost of inspecting connections. Adopted by City Manager on May 27, 1993 to become effective on July 1, 1993. Approved by City Council on June 2, 1993. Charles A. Brown Acting City Manager Carol L. Freas City Clerk PU-9 C- Suggested by: Administration RESOLUTION NO. 93-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE JANITORIAL CONTRACT FOR THE AIRPORT TERMINAL BUILDING, FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 30, 1996, TO FRONTIER TRAINING CENTER FOR $2,254.24 PER MONTH. WHEREAS, bids were received on May 21, 1993, for the contract years July 1, 1993 through June 30, 1996, as follows: .^ Frontier Training Center $2,254.24 Dust Collectors 2,650.00 Shine-Brite Janitorial 3,185.00 M & C Janitorial 3,200.00 WHEREAS, Frontier Training Center submitted the lowest responsible bid, and WHEREAS, it is the recommendation of the City Administration to award the bid to Frontier Training Center for $2,254.24 per month, and WHEREAS, sufficient funds are available. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a three year contract be awarded to Frontier Training Center at $2,254.24 per month for the cleaning of the Airport Terminal Building. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. ATTEST: Carol Freas, City Clerk Approved by Finance: G9Q r JOHN J. WILLIAMS, MAYOR Ile Suggested by: Administration RESOLUTION NO. 93-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 1993 AND ENDING DUNE 30, 1994. WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 1993-94 Annual Budget", which estimates property tax revenue based upon a tax rate of 3.5 mills. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 1993 and ending June 30, 1994 be fixed at 3.5 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: C q Q (5/26/93) kl C-� 7 Suggested by: Administratioi, City of Kenai RESOLUTION NO. 93-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE EVERGREEN, HALLER, MCKINLEY, NORTH GILL, SECOND AVENUE, THIRD AVENUE, FOURTH AVENUE, JEFFERSON AND EADIES WAY PAVING ASSESSMENT DISTRICT. WHEREAS, the City of Kenai has held a public hearing to hear comment concerning the necessity for paving improvements, and the proposed assessments relating to such improvements, on Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson and Eadies Way; and WHEREAS, the Council finds it desirable to continue with the proposed project and assessment district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The paving improvements on Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson and Eadies Way are necessary and of benefit to the properties to be assessed. Section 2: The assessment district has not been objected to by owners of properties bearing 50% or more of the estimated costs to be borne by property owners. Section 3: An accounting shall be kept of the costs of these improvements, and after all costs are known, the City Manager shall prepare an assessment roll for the improvements. It is estimated that 25% of the costs of the improvements will be assessed against the benefitted properties. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: a SQ (5/26/93) kl C-g 1791-1991 CITY OF KENAI Capd4d 4 44a"11 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 f,'1 iIco�-j:y 1I j TO: Kenai City Council FROM: Charles A. Brown, Finance Director e4Q DATE: May 26, 1993 SUBJECT: Evergreen/Haller Assessment District The resolution continuing this assessment district is attached. The public hearing is June 2, 1993. As with nearly every assessment district in which I've ever been involved, some people are not happy about the way their particular estimated assessment was calculated. T KMC 16.05.100 reads as follows: 16.05.100 Method of Assessment: The provisions of this chapter shall not prevent or be construed to prevent the collection of assessments or payment in lieu of assessments for improvements in any other manner as provided by law. The methods of assessment are described in general herein and will require decisions of policy by the Council to meet current needs. In general, the assessment rate for any special assessment district is computed by dividing the total assessable cost of such improvement by the total number of assessment units. The entire project is considered as a whole when computing the assessment rate and applying it to all properties. The cost of installing the improvement in front of or past any particular parcel of property is only one method permitted of assessment. Except as otherwise provided by lap, ordinance, or by Council - approved policy for a particular local improvement district, costs will be allocated on a square footage basis extending one lot deep adjacent to improvements in subdivided areas, midway between streets up to 150 feet of depth in unsubdivided residential areas, and up to 300 feet of depth in unsubdivided commercial and industrial areas. Greater area may be included when assessing costs for interceptor sewers or water mains providing fire protection. (Ord. 791) --�, a Memorandum Kenai City Council May 26, 1993 Page Two You will probably hear two basic objections. First, I used the entire square footage of each lot to allocate the assessment. I did not limit the footage of 2 1/2 acre government lots to only 150' of depth. The above ordinance (see the bold type) speaks to subdivided versus unsubdivided gas, not individual lots. We spent considerable time and discussion on this issue before making a decision. I feel that it is most fair, to,all the property owners, to view the entire area between Forest Drive and Evergreen as a subdivided area.mnd to assess each lot in its entirety. Also, consider that government lots have been subdivided. It is true that we have often allocated assessments using only 150' of depth on government lots. Each assessment district (area) is different and has to be allocated based on the best judgment at the time. Whenever asked by a property owner, .I made no promise as to method or amount of assessment. The second complaint will be that I included easements in the square footages. We include easements, but exclude dedicated right-of-ways. I find no authority for excluding easements. Please understand that the City is assessing 25% of cost. All this discussion is about is how to allocate that amount. Any change you make to lower one owner's assessment will necessarily increase all the other property owners' assessments. 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N �• Y � r e^ eliw 00 OOI`ee O:e Ow'er eeee 0e 0ele oee_oloo re ee.e o_ oe oseo oolo a�w s w w:w w ^ I is e av r < s r,o M_ qeq. tOp YO_•{0/ ta_� w,s a{{p��{p� Y�•Y fs <�W 1 N � e e e eli ae e a e ao-a o o;Z w e;e a ZZ ae Zia 4 I i w.^ < x a ee w er'w Wwe�« s < �• W w w! W W S iWi[ W W 1 Y � Y i�Il !_ L O 1Wis as is O_ ! _� H • O O 1 it � _ W . - - •�w -W - - r Y^' - -fl �ln.l !N f eee , a I 'Hs W Y i ! N �'N N �V H•� :NV d 10 irw !nlq.O -h!N.l�ti rWy< Wt.s^mi y �p MSE N N y r= .l i !yyla..�� O` s. C P. U. Box 1047 Kenai, AK 99611 May 28, 1998 Charles A. Brown Finance Director City of Kenai 210 Fidalgo Keani, AK 99611 Dear Mr. Brown: C-8 r: 1. � N 993 � c: c0 I will be out of town on the evening of June 2nd., and therefor will be unable to attend the public meeting concerning the proposed paving on North Gill Street. However, I wish to heartily endorse the paving improvements as set forth in your letter of May 14th. I feel any improvement to the neighborhood helps the appearance of the community as well as increasing property values. Sincerely yours, William D. Toppa f o, (-c_a_i -4*-- 0 4-311 c 1 o po �o44�k ys6ir 21 E r $, )915 P po�o4 es6ir 8, )IY5 r poB� -�o4 4�k � $, JIY5 -71 4 po °.ys6ir ,� $, )yI5 EE —9�oj 2 ,`,. � ll r poB�f Boa -'ate.il-� y56ir o4,3o17a�P +" -.t. fi.` C Suggested by: Airport Commission RESOLUTION NO. 93-42 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RATIFYING AMENDMENTS TO THE AIRPORT REGULATIONS. WHEREAS, the Airport Commission has received written and verbal public comments objecting to a use fee on commercial aircraft under 4,000 pounds which operate to and from the Kenai Municipal Airport, and WHEREAS, a use fee on aircraft under 4,000 pounds is very difficult to administer and collect, and WHEREAS, the Airport Commission would like to encourage commercial use of the airport by both large and small aircraft, and WHEREAS, in trying to make the Kenai Municipal Airport more user friendly, the Airport Commission recommends eliminating the use fee altogether and exempting float planes from landing fee charges. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, that the City Council ratify the following amendments to the Airport Regulations, Chapter 14.05: 14.05.010 General: (a) There shall be a landing fee of twenty-five (25) cents per thousand pounds of weight on aircraft with a certified gross take -off weight of 4,000 pounds or over, payable monthly. The landing fee shall be computed on the certified gross take -off weight of each aircraft. The minimum monthly landing fee is twenty-five dollars ($25.00) per [AIRCRAFT] commercial o2erator. (b) There is no landing fee for aircraft under 4,000 pounds certified gross take -off weight and no landing fee for float Planes. [14.05.020 USE FEE: THERE SHALL BE A USE FEE OF TWENTY-FIVE DOLLARS ($25.00) PER NONTH PER AIRCRAFT UNDER 4,000 POUNDS CERTIFIED TAME -OFF WEIGHT FOR CO®OMCIAL USE OF THE AIRPORT FACILITIES UNLESS THE OPERATION HAS LEASED LAND FROX TEE AIRPORT FROM WHICE TO CONDUCT SUCH OPERATIONS, AND I8 USING THE FUELING FACILITIES ON THE KENAI AIRPORT AS BET OUT IN THE AIRPORT REGULATIONS.] [14.05.030] 14,05,020 Monthly Reports: All commercial operators operating aircraft with a certified gross take -off weight of 4,000 Rounds or over. shall submit a report showing the ��"' total number of landings of different types of aircraft made on the Airport each month. This report shall be accompanied by the above landing [AND USE] fees for that month and must be received -9 no later than the fifteenth (15th) day of the following month. --� This report and fee do not apply to float planes, landing for testing of aircraft or training for personnel of aircraft operated by a firm serving the Kenai Municipal Airport by authority of the Civil Aeronautics Board or the Alaska Transportation Commission. In such instances, there shall be no fee. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA , this 2nd day of June 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: _ 5/25/93 kh Suggested by: Administration CITY OF KENAI RESOLUTION NO. 93-43 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF 1993 KENAI MUNICIPAL AIRPORT - TAXIWAY A 3 RBCONS11tUCTION TO DOYLE CONSTRUCTION FOR THE TOTAL AMOUNT OF $184, 873.40, WHICH INCLUDES THE BASIC BID AND ADDITIVE ALTERNATE A. WHEREAS, the following bids were received for the above mentioned project: Contractor Total Basic Bid Alternate A Total Bid Doyle Construction $171,196.00 $13,677.40 $184,873.40 CIC,Inc. $182,219.00 $13,609.20 $195,828.20 Alaska Roadbuilders $181,895.00 $14,060.00 $195,955.00 Quality Asphalt Paving $211,660.00 $17,230.00 $228,890.00 Engineer's Estimate $177,695.00 $16,210.00 $193,905.00 (" WHEREAS, Additive Alternate A is additional reconstruction of Taxiway A-3 near its intersection with Taxiway A, and WHEREAS, Doyle Construction's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, this resolution and the award of this project is contingent on approval by F.A.A., and WHEREAS, the recommendation from the Public Works Department, Airport Manager, and the consulting engineer Wince-Corthell-Bryson, is to award the project to Doyle Construction for the total amount of $184, 873.40, and WHEREAS, the Council of the City of Kenai has determined that awarding this project contract to Doyle Construction for the total amount of $184, 873.00 is in the best interest of the City, and WHEREAS, sufficient funds are available, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of the 1993 Kenai Municipal Airport - Taxiway A-3 Reconstruction be awarded to Doyle Construction in the amount of $184, 873.40 which includes the Basic Bid and Additive Alternate A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Written by Public Works: Approved by Finance: e -� 7 17 T WINCE- CORTRBLL-BRYSON CONSULTING EMINEERS P.O. BOX 1041 KENAI, ALASKA 99611 (907) 283-4672 Aceive .':. Fu�!!L �'r3fKS Dcr City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attention: Jack LaShot Subject: City of Kenai Kenai Municipal Airport Taxiway A-3 Reconstruction Mr. LaShot: May 14, 1993 Job Number 93-008 We have reviewed the four bids submitted for the subject project. The following errors were found in the Bid Proposals: CIC, Inc. 1. Extension error in Total Basic Bid: Corrected Total = $182,219.00 2. Extension error in Alternate A, Bid Item 20.05B: Corrected Total = $750.00 Corrected Alternate A Total = $13,609.20 Corrected Project Total = $195,828.20 Doyle Construction Co. 1. Extension error in alternate A, Bid Item 90.09B: Corrected Total = $1392.00 Corrected Alternate A Total = $13,677.40 Corrected Project Total = $184,873.40 Alaska Roadbuilders No errors found Quality Asphalt Paving, Inc. No errors found It is our recommendation to award the project to the apparent low bidder, Doyle Construction Company. 1 If you have any further questions regarding this matter, please contact me at our office. Sincerely, /wvA` f • _ Mark Blanning, P.E. Wince-Corthell-Bryson T r i II I"i� it x 1� 3 N �I �I I I I I III ► I I III IwW I ICI I III In II III 15� 11 �� III I I I I I III O: II �I I I III I I I I �II=— II I I I I I III er H � pQI I I I�I L yyy I II .J I 117111 R it R 1 1 of all IIIIII �I III . I it II �I�I�IAI81gI�I�l�l RIR al $ICI II I- II 'I of M� II IIIII _ II I III J � � I I �I 11�1-1a!-1•�I�IdI� aI gI gI oI fiI Fl ! $I �I �Iil I �I _ =1 Mall �lai� $III II IxI Iill IIIIIII ll II II II it i ..i .I II . .I ��I,� -�JI J aiJll Ixh I� I I}Isi I I I i� IL'o loll w d II III lols�i s I I��l�l�l�� 191� loll Is I�Igrl� I I I�I481� z I1 lall I� I1�161051�Ia� ICI ICI ►1 I I� I11L61�1 1 1 m I� kohl s VI VI JI MCI <II. a OUI LLI M. at<I LLI) I.II�I~I I<I I III L� a g ii 11;I III I I I III II1a8"stgi Ic 0 it FI8�� a o� < s< s II III 1 1 JI 51.1 N II �I =1=1 a -! •�I ��I dl �I -1 ail IIII tl o gI i ? Cn U r r Cj UI r r• A rl .l .4 l l w u J J w J " Ii I�= Iq q II I ICI I I I IQI I�I�I I I,I I_ a IPIW�I� a 0 a II I Wlwloi4181� ".�'i i� i I� �3131�IDOI4 D.�<i l s Id III <I I� JI UI UI �I dI <I U. wW.I < Si T T CITY OF KENAI RESOLUTION NO. 93-44 Suggested by: Administration e - A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE BID FOR THE KENAI FIRE DEPARTMENT ROOF REPLACERCMT TO PENINSULA ROOFING, FOR A TOTAL AMOUNT OF $31,638.00. WHEREAS, the City of Kenai received the following bids on May 27, 1993: COMPANY DEMOLITION & NEW REPAIR PLYWOOD TOTAL ROOF REPLACEMENT ROOF DECK & MATERIAL Peninsula Roofing $27,758.00 $ 3,880.00 $31,638.00 Hanson's Roofing $38,008.00 $ 4,920.00 $42,928.00 Bell Roofing $40,380.00 $ 4,238.00 $44,618.00 and, WHEREAS, Peninsula Roofing's bid is the lowest responsible bid, and WHEREAS, the repairs to the plywood roof deck plus materials is based on an estimate of 20 hours of work at a unit bid price, and WHEREAS, the recommendation from the Public Works Department is to award the contract to Peninsula Roofing for the total cost of $31,638.00, and WHEREAS, sufficient monies are appropriated. WHEREAS the Council of the City of Kenai has determined that awarding this contract to Peninsula Roofing for the total amount of $31,638.00 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for the Kenai Fire Department Roof Replacement be awarded to Peninsula Roofing for the total amount of $31,638.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk 17 Approved by Finance: Written by Public Works: 05/27/93kv Suggested by: Administration CITY OF KENAI RESOLUTION NO. 93-45 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT TO WILLIAM J. NELSON & ASSOCIATES FOR DESIGN AND PROJECT MANAGEMENT SERVICES ON THE STRBBT PAVING 1993 HAILER, EVERGREEN, MCKINIM, NORTH GILL, SECOND, THIRD, FOURTH, JEFFERSON, AND EADIES WAY PROJECT FOR A NOT -TO -EXCEED AMOUNT OF $55,677.00. WHEREAS, the following professional proposals were submitted on May 27, 19939 Construction TDW Wm. J. Nelson & Assoc. $17,648 $38,029 $55,677 Mike Tauriainen, P.E. $22,923 $37,145 $60,068 Wince-Corthell-Bryson $12,804 $55,900 $69,704 WHEREAS, the award includes design, project construction management, coordination, quality control, surveying, testing, quantity computations, and inspection services; and WHEREAS, the Public Works Department feels that it is in the best interest of the City of Kenai to award this project to William J. Nelson & Associates, and WHEREAS, the Kenai City Council feels that it is in the best interest of the City of Kenai to award this project to William J. Nelson & Associates, and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for design and project management services to William J. Nelson & Associates for the project entitled "Street Paving 1993, Haller, Evergreen, McKinley, North Gill, Second, Third, Fourth, Jefferson, and Eadies Way," for a not -to -exceed amount of $55,677.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: C 4 Written by Public Works: 5/28/93/kv 37 e7EOF b eSKa WALTER /. L / 3 DEPARTMENT OF REVENUE sso W 71HAVE ANCHORAGE, /ILASKA �501.6QEB �1L.G>�LIC BEVER�4�iE (,1aIVTIIOL 8+�419D May 20, 1993 Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai AK 99611 Dear Ms. Freas: We are in receipt of the following application(s) for a transfer of liquor license(s) within the city of Kenai You are being notified as required by AS O4.11.520. PACKAGE STORE 7?f i993 P KNART LIQUOR; ILJ Inc.; 10480 Spur Hwy; MAIL: 3100 W. Big Beaver Rd. Troy MI 48084-3163 - transferred fm; Casino Liquor Store; Casino Inc.; 1 Blk N/Old Post Office (505 Main St) cc; Kenai Peninsula Borough OMDISLH FROM DAN COFFEY.LAW OFFICE 05.18.1993 15100 OONTMNIOLM PRWrMId OP AL.ASKA (Wn U"4N P. 3 AlembeftewAeNaowd LIQUOR LICENSE APPLICATION PAGA I of Z p.w »»', (Pisa" read awporaft h w& --- I .■".�..,. , .,..» «» wao..■.I . 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INC. 3100 West Big Beaver Road Troy, Michigan 48084-3163 8~ AdaeN of LeMOSM N 11000ee .10480 Spur HL&hw&Y oq Kenai, Alaska awfMee PfAaN Nenwr(q . ❑ WM h A INW WAMIO ApD11M Ne — N w eeM M pume Won w on e/~"m N Iden" Pnwwle,el Kmart C�ee ver flfeeewed wArw: oVe I a...a l O AmoNfga,o OR over fOC ft. I (a Lemmomm"MoNe.: P-00 low fe be eowNed b: 4.IeeAMn NPreweeM Wear own w Imm /hen 0o now *0m Me eew"Imme N e Mr j� Pwommnd OW. wlwjP M YMMM wwm1pe■»1 ❑ uremer dew w wom ❑ Low sum S wdlw p ma APPmwme (RONVIN d Mr New and PwPeeed fAAN w far INeNewef e'PbelleNO enM1• , r Nee We rw wAwe eleehelle MrNesoe we eew. ew"d, Nee IINMNe1weAMN fweneed wfenlwehergedfANNfhe leN f•AOKAee e*oM. b Oft • rene.rN N dN unrAmm eenw�M.PweaeeMenO)ereNreOwenehenPedfen�IM n�e�rn�Med1s11NAke1NNeMweMeoenYelMwdf noMeerpNrerwi4e►fsAAoo1O.«iltowoekwhaft feet MAN won repeAAOe a Iwsles ofrws? ❑ YNrN■MNfTi www r.AeoeNeVYMM100010'uMMAe04.11.670. L$ ,IePOw WWW01r. Any wNNwNAK edeeeles ■Aden Aa 0e.11AFO fw WMMM N nNAPMM Ae M.11.s00(1 In a lefer wwdewlrp WWWW. mwN be sled VAh Oft ePPPaNNw(,PAAo,eN.1 Ile&lwpeNfellelPrepeAlreenwyedwllh" eNenefww (AMeh were oMeal. K neeeeesry! NONE "w""y aw humv Addrew of owfam Uwm""etu Casino. Inc. P.O. Box 857 Kenai, Alaska 99611 M'o11sTAAlI/PMp.OsUI�MI■ruwAK(MAUIes,rnOq --- Camino Liquor Store aaPO1S TRA101 4K SAWN AdW We er LeeeMeN 505 Main Street, Kenai. Alaska Wow 0 0 - 11 IIool" wee-moNmem Is a umpef eft (lla ON.,1.ss0) M OwMie Nsms Dome MwYN.00 Ai (am. U.-O DoM N 1neeApo mm- In AI�Ae _ILJ . I14C . ww" AddnNe eeeN Adeem w LeeuVen N 3100 West Big Beaver Road _— 10480..,S�u� H:LzhaaS+ . _ —_ _ _- 2/15/90 01% muse. Mlp Owe omy eM euse owpereb oNlee Ph"m No. Troy, Michigan 48084-3163 Kenai, Alaska 313-643-1033 18 t ..nova omm d wipowMNn In SOW ON00% ahh OW w`tle of wgwped Meal "AM end M WI ft M■Wq fter" AftOw wM"WAV ArfMe, OeperMNNN N Owlunwee efAO teeANNMe DwelepNrrANt C.T. Corporation System (a YE8 O No 2*0 Main Street Ago Oe"wlef». Juneau, 0 oolwewATwn msNaorowm AM WrOOM"N 4110 e0dl0eN— eheeN 9 x .. efwee N O1oiWft'r' WM NmN We Net uw f/eNN AO .' . OeN N aMM 3100 West Big Beaver Road Kmart CoKR ration _ _-_ . -.. Troy, llichiaan 48084-3163 100x This is a publiclX..traded corporation on• the NY Stock Excknnam Inc. Board of Director& and office Sea attached list for ILJ e re7fel INIMM \aPe9e6i= UUMB Vlw.T FROM DAN COFFEY.L.RW OFFICE 05.10.1993 1.5=01. 1 U `l• b CH MN UMIG IRINTMM CW """ (0137) 982•0448 P. 4 ALASKA UQUOR LICENAt APPUGATWU PADS a or a 3C 10N P. 1111401141ICKIALIC0 111POMTS C"W= llP0111MAT10N. sM ferMtrp- OMMOMM runts tee IN ' 1 fed rr eeeh 4FP1wM er ewPwoe saber. yew .,p11eeM er eor�MeenN � • wiPwtwew, lie eMnwe ao.r aeMtt YreUfde sn Pnwldwd, tlre�weMrtfl. MrMef>r end TnxrMAvr. lire sa/bfro �e M neeeeeefl►. lreo N ) Anthony„Palixxi _ ; --- --- 1�0 West: Sig Beaver Goad uenwpwr & 3100 West 31a Beaver Road 0".s�ete sir cede air ew.. Arv.e. Troy, Michigan 48084-3163 an 4 4-3163 Nw" Adwlw A A*W0 m *ear ma1MM mom" Ilettoe ANNN 41 me" *eta wm" Odom" Dow of awn items Phone Wbdt Ph.n. 000 of I111r1h HWA* MNrk P%ww 40/27/42 313-643-1053 9/2/40 _ 313-643-4053 lgsrw a Abare _ _ MgMwa188 F reawbtlwrMylMee4rwrNelMryw hew. rf If l i - 16rewNa w,tlwwfV*-6rwwrr~V" low Yeas eewnane reeve �Mr 0 President 0 Secretar rw teemre Me net we Paul J. Husbar as aer James L. _Mieplon N AdeieM 3.100 West Bdtg."&var Road �ArMMr Adwom 3100 Weer Sig Beaver Road a". saw, aP owe ichi an 48084-3163 oaA sues.aP cede Troy, MIchl. an 48084-3163 rjMWASe IF 0ftM nt hem metMa mewom* lfanii#A WGU90 dMMwwt Wovewig OWN84 None Ph«» YMenk Phwre Deleofew Neww Pheno48 .. 4 - 0 4/24/SOLewh aep�rwwreewPwrMn.NearhlMwwMerealNyeu NOW Vice President w argommmmeeeg heir. Treasurer ehr p r4.hr� Dees any YAmom e► mmm" a ww fn mm eswe mew bwou)f dtawt w bmem" ""Aft eve" erw it tM111M s *•Meat N wmwd In AW MI w say slier G%m7 O NO Q1 rss a wr. tNw rhos. novae M twethere. ens aar.�. SZE ATTACHED LIST fete enp hnarteeM or ee4rwsr caber e.t.s mere bens ewwWer w afehwy, a rAeferen M M M. e/ ben ewwbrd w • eeeneee w meae/w of meweee f>»on+eee w ehetAw etrr of Me "sw Wr of Od mk to Wow the One of are NO qWeeeeent' w No O vtr a ties. fAeoeo o�Ya en newer meet N Pger. SECTION H. f OL &RAT10H, &%O t o rer tree Owls" b eenh 41010ftwK I dedwo under powdly, of psrhnY that 1 have rxemkted OftappMoaflon. lnaludnp (M a000ngnykp schedules and slaternents. and to the beet of me y knowledge d beNs� It N kue. correct and 1 flwthw corsty Om 1 have read and am famNler with TMIa 4 of ttte Alaska edettnee and Its re done. and that In scoordance with A6 04.11.450. no person other then the applloant(s) or Howes(*) has any dkeot or hn ilred Ananclal Interest In the licensed business. 1 apoo to provide all knforr mVen ►e**od by the Alcoholb 0evwgp Control Dowd In support of IN* application. If application Is for a Beverage Dispensary or Peck"* Store lkmmw. I certify that each applicant nerved on this applbetlon hoe resided In the slate of Alaska for at "at one year prior to the date of this appilostlon; anWor the appiloam Is a owporatlon reglsle od mml pueld" to do business In the state of Alaska for one year prior to the date of this application. or all of the shareholders have resMed In the state of Alaake for at least one year prior to the dab of this applbetlon. CASINO. INC. c By: Its ?...- -- - - -- _.. _.. --- It■ seeeweree one eM ever r serre me see J%-�" dry of A '-• iewm v run& O of AND POII ALASM %w ewmdwbn ew&w .S, 6o 9 Y sw..ees ova seem r stews ter sw % J4 10A der of is c m NOTAIPW PYKq te W omwoe..ba e"o- P.en e44ot ties a Plow. 71e1) ***EHD*** FROM DAH COFFEY.LAW OFFICE 05.10.1993 15300 P. 2 M 2,14 4,w May 100 1993 LAW O)WICTr.g' OF DAN, X COFFEY >h L 4� 606 a� Carol Freas, City Clark City of Kenai Kenai, Alaska SENT VIA TEL$FAX Re: Kmart liquor license transfer Dear Carols W" 374-On TAX Enclosed please find copies of the first and second page of the application for transfer from Casino, Inc. to Ili,, Inc., a wholly -owned subsidiary of Kmart Corporation. I will be submitting the transfer to the Alcoholic Beverage Control Board this week, probably tomorrow, and will request that they notify you before the and of the week as we discussed. I would appreciate it if you could schedule this transfer for next week's assembly nesting to discuss this transfer. Thank you for your assistance- in this matter. If you have any questions, please do not hesitate to contact me. Sincerely yours, Thomas E. Buaek Paralegal for Dan K. Coffey tab Enclosures cc: IW I Inc. AM" wp-trannt of csed MM Gmse of Chance and Contests of $MN P.O. an 11000E •+� AS 05.15.020 and 15 AAC 105.100(a) Please read the instructions before completing this app 401licaltion. All sections of the cation must be completed I. NMMI of OROANRATION AK. State Hospital & Nuraing-Rae Association 319 Seward St.; #11 Mtlrlrg Ad110 Juneau, AK 99801 Cly. SUft Zo Code L TYPS OF OROANWTM Cheda one box. For deltMlons see AS 0E.1L210 -rd I $ AAC 10E.010 0 a Ctr-liable 0 b. CNk or sorvtco O c. Dog Muhors' Awoddlon O d Ea mollaid O a Pa" Dvy Association O 1. RoM-nsl 0 g. Ldbor O h. Munidll III L NonprolR Trade Association ). Oudmwd Motor Association O k. Polo or Fire Dspalmd R and company 0 L Poatad D nL Rslgbus O n. VdNrw s. ORGAN = As: 0 Corporation 0 Puble 0 PrMft AAssaaiodon L TYPE OF GAI ES. t st by coneton new I crew than thoai Noisd sae AS MM0 and is AAC 10E.110 — .100. D a alto NOTE: Sings, pones mud not be hold mom then toortosn - p ma m to In a col- and- llio o talk no fora th-r 35 go- per session w sartas of 9esw. xb. Pals & LOUNIM 0 c. R&Tdw O d ke CMWM 0 s. Deg M ushers' Contests 0 t Fish Derbin 0 g. Rob CkAd= 0 h. Mbrwry Cleselcs D L tlsoos CMnb 0 } admon 0111111010 O k. Grit" of am 01. IAadlanwMp: Rllo. Archery or PNMo1 O 2. Pesos 0 S. Trm* and FIM Evento O n. tarp Bohm classic E. owrmTao low GftOp RECMs $ 2,500.00 a. LOCAL, OPPNNM ONW IM arrNnl barred po feratbas Mt good M-eNng) EA. IMHIaIIAL APpltc�►TtoN no ON" Yew Panlkwho: MW memoct 1992 ,�It�nt Aim�1� INp �t (mart hw.t aMt 3a,q.me«s) (1Tcap& at' - p1 @11" wdbykmlonp;bdwba" d of aeatpr-roe arnoncinw t and a-lrodt► of-trerelrronif incorpo nntL % ..,,..ntsa)1Mott ar It1lrtlrtee appoUtlhg ties prknary nrsnber (ses beMrrdMrrs). d Wqthe t p1 ls.lait vAM ties nearsd dty orbM%h (aa Mstrudticraq. wY « UlFmak, nUntW. bU* rMM, MldlNlpllw VA be National Bank of Alaska (1100077200) 113 cnmard Strptat; yunpaur AK 9991%LVh: 4116 mII APPULIMM Mamie e! xlw go hos been In enittonos In Aisom ATTADM tafalsrMllg MOt MD Lam.: Q awma Allah il 0 ett (""M hen at Mad = momhwa) D Cs lbd Man aW of a110 of Ice porWe . a oopy of the F IMP ' of oatpMnu ' MM a gaily d hyMsss and.rraMbnsM sew rWI�Me elrarMra D Cspy of fM aNMosM or tax Met or tax enwopbon bow d t0 narporllt (� DoatSMlswMyorganttsllonhdst»enlnalpMoMsnoelnAtdskathreeyew ornrotooW Ma * . oonespwWon s totho orgdntt albn, roodpa ier se taft Ientliled W iiiqiplot se.). D Bodrdnitalwtt, WinMii" ppM -, gumpArnmynWift r Inchinsofgernes pee MMRIQIIMrs). D Prod of 00 n VM to nestest dry or bonwgh pas kwliv bnsl- Q,siMsrlM►In�Itstil+rl000urKnun�bw.h.trlctllltte.�IMaoee.naMtlapMtwre nwmgr: New and g sa-.1 of mod. — Organlntlon (g sppft"): M. 89TRAK M IM MOM M IM" aaseaaAIA � a. 2,530.00 11011. CMok tite t Vpr IF' I boa -tat and0es mo oorrsdanrount. K GROM roOs" fmm ALL (erg Ina c-b. etc.) Thon the t attlalgas wMic ponnit be b: 1/ i0 • i�tsEMt e►# yow w a Narw ApplhenM _.»..» .»» ism 00 Q son Roo.aa.ME _»»_»...�..»-.....»»»._..._ WOO Q Imoko ee anMas1ca00 NAME TITLE SOCIAL SECURITY NLM MeM DAYTINE TELEPHONE NUAMER Gary Grandy Chair 518-38-5974 772-4291 Tom Boling Chair -Elect 517-52-2219 562-2211 Ed Mahn Sec/Treas 382-50-9042 225-5171 Mark Bertilrud Member. Ex- Comm. 474-34-1128 452-1921 FM OWA11""Mff OF OOIMIORCt AM 20MONIC DtVtLOPIAINIIT ust ONLY Otis of Rssa" some Peradt NunrOw of Man Toorl-h Repsrto Plied 1%M O Yes 01 Da Os D4 O Yes D me 0 Him me 332 NORIDa: OAIM1 11 AOTIV M MAY NOT tla CONDUCM UNTIL THE fERNEr Ita tMYtO. 00403E (Rev. 7AM (1) o. OGMATNM OF NU PMCMDO. eabra a parnft M be rwd$ , NN oigwMt I R Must pots b frao OM and for poMoK oduc@do a dit pubk cI III a pmbblk w ►MDbw uaa N ^A8K,& (Ste InslFu fll Ingwepwobdew.IsNM VwworgwrmslloMPMMbWa*oadP NO s11A 969- equonwMOLBe p OF I tfom oanaq eaw "Wr "WISH" iq of PINS. Moron hair proaodsom adewfad bespwM.) Political; Candidate Support; State Legislative Elections 10. PWtWN M CNARM OP OAM . Thb moot boa bona Mao oW wm-' nwMbw of Nrs qualNbd ogpWA* on, or en enfpbyes off* ffsMdalpeRy. This pwaofr b reaporrslbb for oNO Mkdi *a rocc do wd pfsp - a g el the nyuW npofa. An al0amafo momb.r muse be dsspnatsd, •the tea fwsllbls POMM doft ofs abawfoo of be pinwy Mamba In d wge. N "we than one &%Mae b IMbe ds 0 L slush a wpwde shsSt and pwAde the requtsd Mam+albn shod for pn #& page for each. e" of wwW *d ww dda or w6wen M w OW4* dMqWMM"M / bw 0 mambo► a w tl�a r emu» m•f w in iww 6 tie gw§bsoan' an bilrflf of *a olvrfttlalwsr. � � � A. PFA MY R. AMMUTE Nwne O"IM Tdyllwio No. Nwfw D"Wm Tilw ww Na. Gram Asay 586-3883 Joan Fisher 33-8100 11 M O Addna so" ftm* No. IiiM ft Addrsss 9"M 9"wM ft 415 5th Street 529-02-6175 9100 Centennial Drive 04-68-3630 CRY. Stets, Lp.Caub TIN Ctll. States DO coo TOO Junead, AK 99801 Administrator Anchorage, AK 99504 Administrator tt. LOCATIONOPACTMMOpaclflrwhste9weg mstVAbSOWNhkllsd,InAaIMdrw*"ofre tftkea.Ifehbboslwda es, youmwtnoltybMV*DspwWmt cI C wvwoS and Economb n - U pfwM and V* Moat goMwmnM wM* 10drys. fw nwa than ono I I ' III fr, slftoh a aiparato Sheol.) Mwffe arfd Stroot of pYafrMsoa brEwh oofrYq Aowky. Att * A ddlfVW Pagosaa Nsrtdsd t• Raffle tickets sold by administrators listed Typo of awffe Ger" COMM Parson QayMMw Tabphoffe 2 on ASHNHA membership list. Raffle drawing - held Wednesday, November 17 19'93 at a. Regal Alaskan Hotel 4800 Spenard; Anchorage a. IL OPMATOM (N wy$ If en a waW b wq*nvd b cardrfa! cps aw" 1wOrMos, you mud provMlo a cape of t w co"Md wM Ow a wdw to #0 O" M wNt of Cwnnwoe and Ealnomla OwrelopMMlt at bast 16 days 1h & a ftVa c0�1 - 0 . You nW oonbaat wlMf O* ono apwala t a tYfro br snob typo of gwflllfp adMty. The nNanba ffhe has boss des"tad scow as tho pofaa, In *aop of Me go Is PH MI for 10ftl tho ,pafob 1 Pafornw". No of Uoensed Opordo CVw of oenbaat fMh opafasor 0b rMladllsd O YYN bo ssfM by oSMIISd rfrsl fa Mac tfran /5 days babre aro ecOgn are oonducM& 13. TME>K OIIEIif10Ni IltfaT K AfR11iR■p. YES IVO/ O � A. Nssafryporsontstsdfntoort2abovoewrtwsanoomkMdol.aronparabfaafobnywltlflnlhopecedlrgllwySaSlnanysllslo.lsrNHuy .orferNOa esuae*yT O �& wry person ReM Ia 10 or l2 abew ova boos oSfwlctsd of a ahfw MwoMhp afeR or d wwdy, or has ever boon anvkfsd d a vbblbn Mt any soft of a ffsmcpd, obft or l - I gam-1 WO O C. WMM wry Pusan Ibbd b t 0 or 12 above eake p , ipw m idon of any MW from the recepb of Ow gwfig s AWM O N yes, wgfbhr. u. SIGiNATURE Thb ap b' NO ff neat bo egnoa by the p bm y per w In clog• w gam..IlOsd In t0A s' "" OAunoN: A j I - , , , pied tlgnslwe VOM be socspted bbko wn that tlrs tlansd appta Wn b 1Nod wNh tho n op- bfwM of Conum and Eoonwft DwMopnenL Idoeiwundwpoallyofunrwoe Ia'Mlaa11 O*IhawerwrMfrodthbapploMlon,hiobdna"y&Mwhnwd,wW#WbtlwbwtofmyhrrowbdNeandbsWNbbwwd,c IpbM. I urrdnotwfd that wry hire atahrfwr 'node on NO applcaNn Is punbhaWe by low. I UVw der elne VM two copke of this apploaoon haw been delvered b the freareat dly or borough olf *A Wow. n oval a wra.e Nwea Dab Grant B. Asay ter. aeaoRoffaNRlt>I�alf�To YoumMe041twoup— Mo00ft;pNcdbnblMdVwborofphnMrwtaMnbnYonalMpfaposodawfiq a &MM. Reef of a" "aeoorapwry . Soo M wuaftm To speed proeSSsip, please have the appfspbI loaf govonwim a Mali IrNNoalo, by SOPW re bablw "M /IppOYd M b ors pwffM CAt19tOIk N arb ssctbn b not ooMyrlMsd,1M proosssYig wM M dMaysd 1 a days b afMlrM are dq► orborapht wtoraspm ArA'thlsisPplbalbtC 1M!' AIWtJMMM Mw LMQ -0L.- -M MII olu 0 Vas 0 No ~ ewmes. M eM)aa/arf) DVruae e1 U 1 1,n Sea wa OftM TilMpgr Dab nMMad Naas offwew wfw go" TA" wrw IMsrbor 71 NO &— ANY FMM STATERNI T NAM M WOO APPLICATION 10 Fufff Mai BY LAIN. R1 os-aaa P1 0 ALASKA STATE HOSPITAL & NURSING HOME ASSOCIATION POLITICAL ACTION COMMITTEE May 13, 1993 City Clerk City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Sir/Madam: yy, ;� .fit. •, 1r Enclosed are two copies of the Games of Chance and Contests of Skill "Permit Application" for a proposed raffle to be sponsored by the Alaska State Hospital & Nursing Home Association. Raffle Tickets would be sold in your community and the raffle drawing held November 16, 1993 in Anchorage. Pursuant to the filing instructions, we would appreciate very IF much a written letter of non -objection to this raffle, along with a signed and date stamped copy of the enclosed application. T Returned to: Sonja Talley, Executive Assistant Alaska State Hospital & Nursing Home Association 319 Seward St. #11 Juneau, AK 99801 Thank you very much for your help. Sincerely, S a Tall Executive sistant Encl: (1) 319 SEwARD SmuFT #11 • JumAu, AK 99801 • (907) 586-1790 • FAx (907) 463-3573 (�'-n 17 AlaakeoeoertrnsrmofCor moon. Games of Chance and Contests of Skill endofOmteUeaWLicensing PERMIT APPLICATION Dlvleio. of Occuoattat aorLkenarnq P O. Box 110906 Juneau. AK 99911-0906 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 1. NAME OF ORGANIZATION Sons of the American Legion Squadron #20 McNing Address P.O. Box 1044 Kenai, AK 99611 City. State, Zip Code 2. TYPE OF ORGANIZATION Check one box. For defmltlons see AS 05.15.210 and 15 AAC 105.010 —160. a. Charitable b. Civic or Service C. L-00 Mashers' Association d. Ed J a. Fashlno Derov Association L Fretemat g. Labor :l h. Municipality I. Nont rotd rrode Association �. Outboard Motor Asaocladon k. Poles or Fire Depenment and Company 1. Political M. Reilglous 79 n. veterans 4. ORGANIZED ASt -J Corporation Futile , Private J Partnersnto :4 Association 3. TYPE OF GAMES. List by Common norm N other Men it owed. See AS 05.210 and 15 MC 105.110 — .190. a. Bingo NOTE: Bingo games most not be held more than rourteen occasions in a cal- endr month with no more then 35 games per session or Swiss of games. M b. Rattles A Lotteries c. Pull -Tabs d. Ice Classics e. Dag Mushers Contests 0 1. Fish Derbies 7 g. Rem Classics 0 It. Mercury Closdw O 1. Ghost Classic Q 1. Salmon Classic 0 k. Contests of Skill .] 1. Marksmanship: Rifle. Archery, or Pistol 7 2.: Races 7 3: Track ono Field Events n. Kind Salmon Ctassk SA. RENEWAL APPLICATION Meet Rem. Year Pemdt Number: Issued: ATTACH! the following REOWREO Items: O Currere Alaska mwttbaralnip Nat I Pin have at hest 25 111* am@ U Copy of sonsrtdmwtts to erdalso of frroorporad" and bylaw& N any: Awiude copy of eeryllool* of eentpNaste* arnstdmsm std esrfdlcate of aenstndlnsrtY Mteorpe O Board re"uti It M urNrttRss sppolding the orlrnery member NM ltWuetlansl. U Proof of fpktg the mppNcadcm with the nearest city or borough h» 1 afrb6MorsI• O sepentagar" checking account number .eanknerne.addNwandtalophale ntarNar 9N. MW APPLICATION Number o1 years otgaMt ello n he$ boon In exlatMCe In Alaska: 11 ATTAt f the folotnfr 9 REOUMM Nerrts: 7Q Current Alaska membership NO fmuot have at Wool 25 mimbersl XX Corgpsd true copy of articles of ltcaooratron. a copy of the cemNkate of compliance aria a Copy of bylaws and ntallon0 and state rsna lih . X3 Copv of IRS certificate or tax letter or tax exemption Issued to no ipot it organizations. d applicable. 7% Documentation showing organization has been in exhteneeNnAlaNupneeyeers or men 1 e.g. bank statements. eorrespordenee to the organitaidorn. receipts for sorvil a rendered of supplied. etc.l. 3$ Board resolution or minutes app- *M the primary member In arcinge of games Ile* Inst►uatlensl. 7M Proof of plmg tat applle tlon wIth the nearest dry or boniush ls** Mbuelonsl. xQ Sopwawgar"checkmgooeoumnumbw.barnknams.atltlandlelepldne curdle J9/o 1t,3o 7 First NgtionalBank of Anchorage 11380 Spur Hwy, Kenai, AK 283-358 Name end maang sakfress of National orgenlzotbn IN appiloabla): Sons of the American Legion Nat. Hdq Box 1055 IndianaDOlis. IN 46206 5. ESTWATEO 1993 GROSS RECEIPTS 7A. E><I ATEO /992 GROSS RECEIPT'S FROM ALL GAMING ACTIVITIES 3 78. FRILCh*Mth*=P fMo box and encrose the correct amount. s 50,000.00 It GROEf/ receipts from ALL (Including moms, castle. eto.) Then the i 1992 gansng eowillse were: Par" tee Is: 7M $0 - S 12.999: or N you are a New Aupdcam .............................. $20.00 7 $20.000-:99.999................ .......... »..................... .......... ..—... 550.00 U $100.000 or more............................................................ ......» $100.00 S. LOCAL OFFICERS fmuet be current bone We members in good stardmg) "AM TITLE SOCIAL SECURITY NUMBER Dale Curtiss Commander 574-54-6231 Scott McKeirnan Lloyd Little Vice -Commander 164-56-0558 Adj/Finance Off. 362-46-5139 DAYTIME TELEPHONE NtA4M 283-2603 283-3394 283-4130 Steve Ehrman Exec. Board 468-78-2710 283-3394 Simon E.J. Carlough Chaplain 541-56-1504 283-5817 FOR OEPARTMNT OF COMitNEROE AND ECONOMIC Parent Number 081e of lean ONLY Data of Room" tl ul Guer" Reports Filed 0 1 0 3 7 3 Q 4 Fh+rnelal SiaMnwo: ] Yes I] Ne 7 New Nis Flee rU Yee O fee Nf7T10Et GAINING ACTIVIrM MAY NOT I11N DOMUcTEO uwM Im PENMY 0 ISNIIEO. 00.493N (Rev. 71M (1) 9. DEDICATION OF NET PROCEEDS. Before a oems can be grented. the organization must Dien to use the not D/0cee0111 from csmmo sminflis for the-"NONeq of 0"z*e. and for DON11esl. educational. civic. Duo11C. Cheresble. Derfofic or reiglous uses IN ALASKA. ISM Instructions lot eDeciflc miss on now omega Can ono canftol be *am.I In the some below, toil how your orgenmetion Olen to use the not omeeew from thegeming etthritfee 4scliolrrsh1". medical assistance. food bookslHernoedy. Nro"nq equlp1 MO 1. Be @Doom. Boys and Girls Scouts, Scholarships, assistance to needy veterans 10. PERSON IN CHARGE OF OAMES. This must be a bone life and active rnombm of the duMNIed organization. or an a., you of the municoaMty. This person Is •esdonsoe for maintaining the records and Dreaming mil the rebuffed moons. An alternate member must be deslonsted, as the reobonelble pewon during the absence of the Crlmary member in chards. If more than one sitemate is to be designed. attach a socerste sheet and Dravida, the rewired It too asked for on tw page for each. if env p onsi r or alternate member In cf -ir" chances durmo the calendar veer. you are rewired to natty the Deal noliIN of the now pmoOlq$l. OWWOt a copy of the board resolution or minutes of meetings appointing the primary member end giving authority to use tiorim fy membe► In shogo to elfin the appN*a(Aen on b~ of the erganlrauon. ►_ PRIMARY S. ALTERNATE Harris Doolme T*Ioohono No. I Nen1e Daytime Teleahene No. Jim Wilson I283-3222 Lloyd Little 283-4130 Melling Address Social SocuriN No. Making Address eagle Seat"" No. Box 1754 1230-16-5462 2707 Wildwood Drive #18 362-46-5139 City, stet*. Zlo Code I Tltto CRY. stele. Zlp Code THIS Kenai, Ak 99611 1 Bingo Chairman I Kenai, Al 99611 Ad Finace Of. 11. LOCATION OF ACTIVITIES. Specify when thegem" two be conducted. Including the drawing of raffle tickets. Of this location changes. you must notify both the Department of Commerce and Economic Development and the I9e1 covemmom within 10 dew. (For more men one location. attach a sewrate eheeLI team@ and Street of Promises for Each Gaff" Aclhilty. Anson Additional Pages as Needed I Type of Gem* Coniaet D-Vu a Gone Person j Telaphofia American Legion Post #20 902 Cook Kenai, AK 1A.B.C. Jim Wilson ;283-3222 2. 4 I , 12. OPERATOR Of any). If on obeotor Is embloyed to conduct the geming activities, you must provde a copy of the contract with the overate to the 0"tinent of Commerce and Economic Deviooment at hest 15 days before acllvIlles commence. You mar contract with omv one oos►efor of a time for each type of 91001119 trcriy.lpr. The Member who has (lean designated above as the Corson in Marge of the comes is resoonafboo for monitoring the ouwafors Derformonce. Name of Licensed Operator i Copy of Contract with Operator: is attached. Z1 WNI be sent by conNled mac no later then 15 days bolara the aabltles are conducted. 13. THESE QUESTIONS MUST SE ANSWERED. YES NO 7G1 A. Has env oerson Noted In 10 or 12 above ever boon convicted of. or on demos for a foionvwithin the oreceeMq five vows in any stole. too 1 sty. orforeign country? 7 M B. Has any person Noted In 10 or 12 above ever been convicted of a crime Involving tholt or dishonesty. or has over been convicted of a violation in any state of a munlcla . state or federal am noling law? 7 4 C. Will any person listed In 10 or 12 above receive comvensetlon of any kind from the rocafpts of the ger ing activities? It yea, ellplae. 14. SIGNATURE. This acalcotlon must be stoned by ine primary person in charge of games Noted In 10A above. CAUTION: A photocopied signature wNl not be uccected. Mace sure that the original signed noplicatron is filed with the Department of Commerce and Economic Oove"I art. I declare under tonally of unsworri falsification that I have examined in is modification. Including any attachment. and that to the beet of my knowKdoe and 16e1191 HIS ten and coin llete. I understand that any false statement maw on this sociscatlon Is ounishablo by law. 1 further doctor* that two copies of this "Icatlon have been delivered to the Row" City or borough office for review. p4vftd No"" Dab qW OR SOROUGH RESPONSE TO APPLICATION. You must submit Mo cow" of this noolication to the city or borough "serest to the location of tit* orgppeed gaming acflvitlss. Proof of filing must aoeompaty, this application. 3" Instructions. To edasd o ocessing. plosse have the soDspriato Iocal government official Aldicat9. by signature below, the community's mocrovel of or objection to the D@f Mft. CAUTION: If this section is not complied, the Processing will be delayed 15 days to allow the city or borough dins le respond tothis mop", -m . MO MRnMATgN "AS LOCAL GOWN MEM APPROVAL. ❑ YES U NO (AIWA oupbmadsw at oboe"") Slgrwiure of Locaeon (overran" ONIefd I Ttestaty I Dale Printed Name of Parson. Who Signed Tslfile ne lturmw YfKM/. LYV MAN ON ,...�! (7#12win {2) ® ) �-�'� ,it ci�n�a of ctp .Ana conas�. of skin t>hrldeneiarfukp.MerwtJeensMtg PERMIT APPLICAMON P.o. sett 1lolto6 1t AS 05.15.020 and 15 AAC 105.100(a) Please read the insbuadons before compistft this applicedlon. All sec*ms of the 8Wlfttbtr must hs-COMpiOd 1. IIAM OF ORGANIZATION wWOP671WAw CW.WAtm np Code / A 2 TYPB OF ORQANIZATION 3. Typs OF GAI . ust by aon.rnon Cherie one bok For ddknMbne see nenne It other Oran rhea Maid; See AS 05.1.&M 0 and 15 AAC 105.010 AS OL210 and 16 AAC 105.110 — —.1110. .160. ❑ a. Charitable ,&t,b. Clvb or Service Association ❑ dC.. 131 1-N ❑ e. ROM Darby Anociation D f. Foatsmal ❑ g. Labor ❑ h. Mwolcoa y O L Nm proMt trade Aseodstlon ❑ J. Oulbowd Motor Associallon ❑ k. Polo. or FIre Department and Compeny ❑ L PoIIbM ❑ m. Rdgloua ❑ n. Voterans 4. ORGANMIX) All: ®- Comorawn ❑ Publlo ❑ Prlvele ❑ PWVWM p ❑ Association ❑ a Bingo NOTE: BYgo g-- must not be held mono pled hwrteen AMR aiNale In a G* aide mom with no men than 35 garcon per eeealon or.erlesaf gl.fle.. �$ b. pAr" a Lowrles ❑ c. PWTabe ❑ d. tee Cheeks ❑ e. Dog Mushem' Contact ❑ f. Fish Derbies ❑ g. Rain Chaim ❑ h. Mere ttry Chores ❑ I. Gooea Cheek ❑ J. Seimon Ghent a,k. Corniest of Skill 41. Mwksrrwwhip: Rlt, Archery or PWW (32. Races ❑ 3. Teak and Fistd Event ❑ n. Kong Salmon Clete L LfflMATW 1M GROW Rtemm & LOOAL 0/1708115 (tntrat beawentbm MW ntwnbm In good .lordkg) M, 101IM04 APPIUDATION wa rwo" VOW' Fig" A 1fr.IsiMg' i.:-- Q. Cu�MR��1.1a11�rIIIpMMt(InY..IIM�ItZim.Mlb.� ❑ Gapyd�INiiMA.rMN.i..�iloMr.d�byiwrtalry:Mia&�d.aoPf� of, N oempMatoe antsndmMRsnd IN I ateuvrewhowtnoerpa O Bead ra eMpKlMr a ltdnlMN appoltrMrg the pi l nNy member(� kwin"one). ❑ ProofM11Mptheipj, ad rrwMlttheneweseavorboatgKn" )• (3- ah"Inp.dotl�mtnune,.r, n.tfw..ea....noNl.ptwn. nunlrer: W NIIM ARPWMTION NwOw of yew aparrt=Mlon hp been In w hilsnce In /aloft: /1 ATTACN th efbls 43wft t AWWN mprripereA� Net (must have er Riot M rrnerllberN C&Wsd bw Dopy of wddn of ktcorponttion, a copy of On cwWmft of oonpM.nie and a ceyr of byleas and natlorral and state clrartwe. ❑ Copy of IRB oe 01 , or tot war or tx NparpOon INUW to no qm ❑ OopatW Milianeh eOrgwftli nhoebeeninatm 1- aeInAkaokelMwyeare ornme (a.l. bash akllerrohto, er/n"Mm mce to the ogm kwon, reoslpt for ewvtnes nndwed or suppled, arc.). ❑ BoardrwokN.nornMntbeappoNrengtMprknsrynrwnber lnelpsryedgmee (a", Proof of ftq fltn opplcaMon with the nearest city or borough (sea Inst weft s). it 1, ' li"I'l g wokliVeowta trwmas►.borknwne.addneeandte BOMW I umber Name and ma" faddnoo of - , 11 H l organ- P w n (M appleabie): 7A. W MATW I M ONOM IIIAO111111PM Fit Ctterk ow ap11 1 ' ' trot ancianobse me canal amount. K OIIOW re w" f0 m ALL _(including rnonte carte. ate) Then tit loan mow« were: pwmM too Is: ta $0 - $t0AW or I1 you Wee New Apploant .»_._. $N.00 ❑ $20.000 - iNJM ...._._. -- $W.00 0 11111110,009 w nme............... ...._. _....... $100.00 NAME TITLE SOCIAL SECURITY MJMBER DAYTTIM TEI.tIPNONE NUMBER FOR owAm iew OF commom AND IBmmmiC owAux uwr um ONLY Perna Number r W Msne 4rri-ft Rep We Filled ❑ 1 ❑ 2 ❑ 3 ❑ 4 FkWAWN SIN.rawrt: ❑ Yee ❑ere O Nor 1% Fee Cl Yee (3 me Daft of ftse" on" Nan= GAlM1G ACTMfI!11111 MAY Wr = OONDWM t/NTL TIIM Fly � MtIHD. 0840n (Kiev. 7/1111) (1) g. DUMCATION OF MET MOCiIMI& Bat n a pwmlt. Ire grawrfad, uw - i p - 1w.Maft must pion to use dw nab po"" bom g.mi sawrow lor Oo awwav of prises, and for poNbsl. , afrlc pubft. anarinbl. pstrwa er raMgbua 4mW *J AIAOKA. (ass lAslftrarett s fwspWft Miss an blow preoewlsasn mod coma oWspartt) Inthespeosbabw, planatouwtMestpwolwedsMlRNerrYlgrl�Nllas (allsllrsll*s.nMldasleselrlanee.foodb�aMabtal»sdJ�.A�11a1Nag •tea►. Ml.ttp.aw. r rmr'o V P a(r h :°9to Sir e tea?.�o/ i , rn�a^ tic' 7`�r� �'� r e �"'�. ; f ? r5 rl `s , /qo d r n i r1 t / �v cesS�c �t )i n .�fE �Cr`Yr S'm vcrnc�.�}' �� dui �d St•ttf�if C11Al1oA�C01R. TtHs mtMe'b.. OAn.�1f0e NNldt 11M�4u�11Mdn' eintraMlon, la a an employes at the mudap.Mgf. TtMs par.an K rsop orrs'ham fw nealrtfaYt* "isconts and ptaprslfp r gfe ra 411 A trppoMl16 M aR.wrals tnambw must be dssipnatsd. • the rsaponalt" person du ft the afsarw:e of ft Pik --y rtlarom M chops If man om chit slhfrtale fs tr 10"llook 4"h a sapa.0 Mwet and plofrids tit r owl - Inlog noft soft" fw on this pegs a em" fn of asN alitlitilsr ye.r. lrat M+ aquMYld tr1 noMly riu Clap tlnpnt of the ndw Ps 4l►� Mt !�Y maarbr arrd gftAtrg arrlhoMly to th+t prinwy wramYw In d�sg.'ta sign fife A. Mn1Af1Y R ALTMIIATi �► ! -- F i g 11. LOCATMKOFACMITIMIL" ywhoteUMgernsawabeconductocL clodsMtlrommingofrelfwalacw.dditwardonc"ee,you muetnotIfyboth dwDspaAnfsnt of COnNneroe and Econonfb Development afro the boat govownerft W" 10 days. Wor more OM one to ondon. attach a sepwa s sheet) Name end Sbwt of Prsaettsss for Il1roh, r3ar" AtiM* AwM M AdWoftal Pegs so MOM Type of On ms Contact Dafy*M t3an�t Person TalMhau — 2 'C.� G; r" j vd4 3.t. nn 4. B. IL OPMATOR (If any . If an opwoWr Is sr"yod to oondfrct the gan" ocdv*m you must provide a Dopy of fit ammact with the operator to Ole Depwon rft of Co. mer. and f mnonnc DM(ebpnarft at Nast 15 days bstort acwltl0{ VQ"wnance. you may oo tI TWO "we 0" 02M at a wm for aaoh "of gatnhlg ad mty. The nfambsr w w nas been awWwou above as the person to charge of the geMse Is responslbN for nwnthlrafg the operstoes pwbmwmcs Name of Lbsnssd Opanator Copy of Contract with Operator: ❑ (s altabhad O ern be saet by osrWW MIN no ester than 13 days before the sctivlMas we conduaad. 13. THM QUESTIONG RVJW AL ANS11M4l=. YES NO ❑ ® A Nasanypsrson#Oodin1ow12sboveevwbownoo-60 of.oronparvieforefolonywdMtheprscerlfngflwyeerslnanystds,tnrttary.erfersign oeunayT Cl iA B. Nee sny parson Noted in 10 or 12 above ever boon oo o lobsd of a edms Involvirfg twit or dishonesty, or has over been convicted of a vWlMbn in any goat of a nMtnlalpWl, Iwo or fetfaral gm- b afg Wa? ❑ f L C. 1MI any p. 0, Mated In 10 or 12 above reciter oomp. mum of any MW from the recelpts of the gay" novas? M yea, swpldn. 14. SIGNATURE. ThN Mpbalbrf mwt b. atgns by the ptlnfary peraen In ehw" of go, Mated in 1 oA above CAUTION: A plalaoopled Is m wM trtst bs swepted. Make sure Ofat theorlgMal signed appketion N filed with the DepaWrie t of Cormn rce and Econorrac DsysbFwrmL i declare under perafty of unawom fsI IN, bn OW I have owvVnsd 1hIsappMasllon.IndudUg any aftO nfertt, and Of.t to Ole beat of tftykrfowltdgs and btMef M N bfre and somplsls I ur:d.rahn 1 Ofat any (also N-1 i a:t nwtds on tiles appilcalbn N punl.habls by Nw. I k~ deelaw Oat two copies of this a11, 1oaf1 her bowl deMwo to bit nsawat city or tm h oMke for slow. A4n.M.e Prkrlorl N.m. ell Ow IS. Cf" OR DOROUOM RUPONSKY0 APPLICATION. You naral submit twecoptas of thle aplMicatloff to the dty w twrough naertat to Oft IocaMon of Om proPOssdga llh acdvMlsa. host of Ming wfrret a000nrpany We applledlon. See Yfabuctlona To spssd pmeeas". phase have the Mpr oprisws boat govermwit onldrfl Irfdos- by slglawwe boil-, ggrtwrhufl)y)w 'aim of w ob)eatlort totit permit CAt=W. NO* ssellon N not oonpisNd, tit proc m sm g wit bs ds" 10 c" to aMew Oft oMy orb, -up onto wap'ond f *li$ 6001bowL 1fa/ APPIXA110N MAa LOCAL aOYNilMM AtrM VOU ❑ TM ❑ NO (arm of MM�d the at" of t000.on Qovormn" 001" Tiweav Dow Prberld Name of Po mu Who.iprrod Tdglreno Nradfw NOTIM ANY FALSE WrATMW MARS ON TNN APPNCATION M PUNWHASLa •Y LAW. l� os-40M (MM Thomas A. Murphy May '22, 1997, Mrs. Emily DeForrest Kenai Library Kenai, Alaska Dear Emily: 1604 Tanaga Avenue Kenai, Alaska 99611 (907) 283-1949 I regret to inform you that I must resign my position on the Kenai Library Commission, effective immediately. I have enjoyed my brief stay on the commission, and I thank you and your staff for the kindnesses extented to me as a patron of what I believe to be the best manaq_ed and staffed public library in the state, and possibly the nation and the world., ergo, the universe. Sincerely, Tom Murphy �1 D,� TO: Mayor and Councilmembers FROM: Emily DeForest, Librarian City of Kenai DATE: June 2, 1993 RE: LIBRARY COXNXSSIOP The Library Commission is in need of two members, a replacement for Tom Murphy and a student representative. (Tom Murphy has verbally stated his resignation from the Library Commission due to relocation to Anchorage.) Copies of commission applicants are attached to this memorandum. At their regular meeting of June 1, 1993, the Library Commission recommended Mr. Ed Meyer as a replacement for Tom Murphy. Mr. Meyer has been attending Library Commission meetings and has shown a great deal of interest in the future of the library. The Library Commission also recommended Amy Price for the student representative on the Commission. Ms. Price's application is also attached. 1791-1991 CITY OF KENAI _ v 210 FIDALGO KENAI, Afff ///nLASKA 9N11 TELEPHONE 283 - 7535 FAX 907.283-3014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOI 11 TO COMMITTEES AND COMMISSIONS 9,0;P DATE: 13 i 1 9 7 3 0,? A � NAME : L^ 7 Resident of the City of Kenai?_ 'S How long? Z r'S 12 rS�6� Mailing Address / / Q 4ar6ol /0 ✓p Telephone No. 2 % 1v 7 Business Address �J — Telephone No. EMPLOYER: Job Title erc14e - QUID e r tr� Ppo-1 �5S �m,4 l OM r7d rif NAME OF SPOUSE: Current membership in organizations: ,46 oU i 10 k15 l o rfo t�z, Past organizational memberships: r.5 COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Zi Gv'cr-4 00rnroiss/©n 1791-1991 CITY OF KENAI � %04/ ea,a 44ia,"a „ 210 FlDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 BACKGROUND AND PERSONAL DATA - C WDIDATES FOR APPOINTMENT TO comiTTBEs AWD CowassIONs DATE: NAME:/ �riee Resident of the City of Kenai? ee_ Mailing Address V3Q X:�rej jeecj Lo. Business Address EMPLOYER: _ Job Title ---- - NAME OF SPOUSE: How long? �. Telephone No. 2r3-z1g7S Telephone No. Current membership in organizations: 1?4cac- YOU* Novo, ��n�� l rn . �czssc rri�-� ✓ts �tn'l. 6�; J 90) Past organizational memberships: �r�nCh-Fv�cc� 5veie.-y COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: L; 1791-1991 CITY OF KENAI a44 _ 210 FIDALGO KENAI,:ALASKA 9l811 TELEPHONE M . 7535 FAX 907.283-3014 BACKGROUND AND PERSONAL DATA - CANDIDATES FOR TO COMMITTEES AND C0=5SIONe DATE: "I cl tt Z NAME: C l'1 ciS T?A v Resident of the City of Kenai? �Z(f How long? y S Mailing Address 1 W( Telephone No. 2—'3 -S- 7� I Business Address 4f Telephone No. EMPLOYER: 1Ck 6ka" C c�c ,�il;lrr.t C Lttrc l� Job Titled S r NAME OF SPOUSE:�� 1 Current membership in organizations: '��tic�rna,( �I IM�� 1,;� Ct ('• C1FCe �:c e��ce.. �1 i .(;S�'QC S ,Q � 1w:�lE �,-.cF�.ce e E C, c- eV� SSCc•w1�r►. Past organizational memberships: c— -7t'at ctnicol Ccc,C�v cc'cie P;ut'_ (Ak) C �ck j- cfIf G tuµic„ re COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: t V ck\'%-tt r Le: 'f • �fmr 1791-1991 CITY OF KENAI CajaiW 4 41,ad„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX907-283-3014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR TO COMMITTEES AND COMMISSIONS DATE: Marsh 11, 1999 NAME: Lucie B. Stanton Resident of the City of Kenai? Yes Mailing Address 2545 Seine Ct. Kenai q1 * APR 1992 rr G ,r How long? 1 year 3months Telephone No. 283-3829 Business Address 11127 Frontage Rd. #208 Telephone No. 283-3627 Kenai, Alaska EMPLOYER: Catholic Social Services Job Title Adminstrator Kenai Field Office NAME OF SPOUSE: Steve P. Stanton Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Library Commission Sig ature RENAL PLANNING h SOWING CONUISSION May 12, 1993 - 7:00 P.M. City Hall Council Chambers 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF KINUTES - April 28, 1993 4. !S_B PRESENT SCREDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-17: Kcherita Katering G. PLANNING a. Resolution PZ 93-18: Gemini Park Atchison Replat b. Resolution PZ 93-19: Quality Subdivision 7, NEW BQBINEBB ` 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9, CODE ENPORCEILENT ITMIS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning C. City Administration 11. PERSONS PRESENT NOT SCHEDULED a. Western Planner Conference XENAI PLANNING i ZONING C0111L W81ON May 12, 1993 - 7:00 P.M. City Hall Council Chambers 1. ROLL CALL Commissioners present: Duane Bannock, Kevin Walker, Ron Goecke, Phil Bryson, Lori McComsey Absent: Carl Glick (excused) (1 Vacancy) Also Present: Councilman Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Assistant Additions to the agenda were: MOTION: 6. b. Resolution PZ 93-19: Quality Subdivision Goecke MOVED approval of Agenda as amended and asked UNANIMOUS CONSENT. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. 3, APPROVAL OF MINUTES - April 28, 1993 NOTION: Goecke MOVED approval of minutes as presented and asked UNANIMOUS CONSENT. walker SECONDED. PASSED BY UNANIMOUS CONSENT. a. Resolution PZ 93-17: Kcherita Katering Bryson introduced the item and opened the Public Hearing. ***PUBLIC HEARING - VERBATIX*** Sherman Jones, I live right adjacent, in lots 14 and 15, to the lot that they want to get the Conditional Use Permit (CUP) on. And I was never informed of the original CUP, by the way, which I don't think should have been issued without everybody being informed. And I also bought in this subdivision because there was no commercial tenants in there and it was clearly stated in the covenants, that there would not be any. And there are a large number of children in this division. I have five grandchildren that play all the time out in that lot next to where they want to put the cafe. And this is very close to our property line where KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 2 they intend to put a parking lot, I seriously doubt that they could put one. The septic system there was designed for a single family dwelling and I'm sure that septic system will not meet a commercial system at all. And tha septic system is only forty feet from my septic system so it would probably cause problems. And I an against giving this CUP. Thank you. Bryson Are there questions for the testifier? One thing I would mention is that the prior approval is for a Home Occupation not a Conditional Use so it did not require public notification. Is there anyone else who would like to speak? Tom Ryhner Good evening, my name is Tom Ryyner, and I live directly across the street at 500 Robin Drive. And I'm opposed to this, I left a letter upstairs, it may be in your packet. And my wife had something at church, so I'll read what she wrote. This is: "To Whom It May Concern/The Planning and Zoning Commission: I live at 500 Robin Drive, may name is Mary Ryhner and I would like to go on record as opposing the granting of a CUP for catering and fine dining at 500 Robin Drive. We live directly across the street from this house, intended for this. We have full view of the house and don't want to have additional traffic and activities until 11 at night. We have three school aged children and need them to be well rested for their early days. Also, this house did not have a CUP when the Langleys lived there. Mary Lou had a Home Occupation Permit which was entirely different. She made candles and sold them to retail outfits in town. There were no customers coming to buy on a regular basis. Also on the site plan it shows parking coming in from the Spur Highway to the back of the residence. Our covenants state that all access to the lots must be from the platted interior streets. The house isn't built for the use and is zoned residential. I would like our neighborhood to continue to be residential. Please deny this request." That is from my wife, Mary Ryyner. If you look at your site plats on there, you' 11 see that there are some things that, such as a driveway which was penciled in on the back which, according to our covenants cannot be there. Also, it shows that it's about 11 1/2 feet wide where the parking is going to be and there is a well in the middle of where the parking is going to be. And I drive a little rabbit, I don't know, it might be 11 1/2 feet long but I would have trouble getting it in there, I'm sure. Also one of our covenants states about cutting down trees and so forth and I believe I left a copy of the covenants that cover our subdivision also with the Clerk. And there may be a copy of them there, but it says that the buyer may remove only the amount of trees necessary to the construction of the home and access to that home and any landscaping necessary. And putting in a parking lot for half a dozen or more cars I would not consider normal. Thank you. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 3 Bryson Are there any questions for Mr. Rhyner? Thank you. Is there anyone else who would like to speak? Jim Davidson Members of the Commission, my name is Jimmie Davidson, I live at 565 Robin Drive, a short way down the street from this property. And I subdivided this place in 1968, when we did we had covenants, as Mr. Rhyner stated about trees being cut down and such like that. I'm very familiar with this house, that property, I was the builder. As far as catering, or a restaurant the house is very inadequate for any kind of a restaurant. I have the plans which I had to dig out, which gives the dimension of the kitchen, dining room, etc., if you would like to look at them. But if not I could give you the dimensions. The dining room is 12 X 16, the kitchen is approximately 10 X 10, and the living room is 20 X 10. And there is a main bath, which is in the hallway going down toward the bedroom. And there is another bath off of the bedroom. So as far as a restaurant for fine dining, it is not adequate for that purpose. I can sympathize with the Morrisons or whoever is doing this, you know. But that is not the property to do it. I can understand anyone wanting to start their own business, I'm all for it. But that is really not the place. And the lot size is too small and where they on the map, where they were going to extend the driveway out is were I had the well. And than in the covenants, when I put in the subdivision in 1968, that you leave a certain amount of trees for a buffer zone etc, like that. And we tried to keep it low-key and a place where people can raise their children. Which we did, and of course ours died. But I, that is just not adequate property and the house is not large enough for a restaurant. A catering business? Maybe very small, low-key, limited, possibly. But I still have problems with that too. But, like I say I appreciate the people trying to get their own business started but this is not the place to do it. I know Mary Lou and Travis when they lived there, they had a CUP for her candle shop and I've never seen more than two or three cars there in the driveway at one time. It's, as far as I'm concerned, it didn't bother Mr. Rhyner at all for that. But as far as fine dining or restaurant,, it's just too small of a place. I know I would really appreciate having a f}ne dining place somewhere in the area but this is really not the place. Bannock Mr. Davidson, if I could just ask you a couple of questions in regards to the catering part of this particular application. You mentioned that you probably would not have a problem with that if it was limited? Davidson Very limited. Bannock Could you give me some ideas, Mr. Davidson, on specifically what that would be, by low-key or limited? One of the advantages of a CUP is to put conditions and limits on them, but what did you exactly have in mind by that? KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 4 Davidson That they didn't change the outside. That they didn't cut down trees. They used the same driveway and there wouldn't be ... Bannock I'm sorry, outside of the . . . Davidson In the front of the house. Bannock Change the building or change the . . . Davidson No, not change the building and not cut down anymore trees. Because the neighbor across the street, when I built the house I didn't take down anymore trees than what was necessary for the house and the back yard. If they could use the existing driveway, and I know when I put that well in out there, the existing driveway that goes in is about 15 feet from the driveway. And than if they extended it on, they would have that, I don't know if you're familiar with a well head? How it comes out in your yard? Okay that sits right up there and there would have to be some kind of protection around it if they extend, make that driveway wider. Limited would be maybe three to four cars a day, or something like that. Like Mary Lou and Travis had there. And I don't think anyone in the subdivision would disapprove of that. Bryson Are there other questions of Mr. Davidson? Thank you. Andy Solanoff My name is Andy Selanoff, 503 Robin Drive, the third lot in that subdivision. I've gotten this notice, this letter from the gentleman that wanted to establish a catering service. I've lived there, in that subdivision since 1971. I have never moved and I don't know it might take a little bit of enforcement to move me out of that subdivision. The services that the people in that number 1, number 16, lot I had no idea of if she had any permit to do her commercial business. If she did it didn't bother me one bit. From the time they moved in there, 'tit the time they moved out I have never seen no traffic at all. Someone going in there to buy candles. I didn't know anything about it. All I saw was "Candles" on the sign on the tree. That's all. It didn't disturb anybody. But, in this case, I think there would be a little bit of disturbance, if this catering service was permitted. And I believe it is inadequate, there isn't enough space in there for parking and plus there are children growing up in that subdivision. And there are school aged children that are in that subdivision and besides that, the two houses the number one, and number 14 or 16, if the gentleman drove out of his parking lot from out of his garage - and he drove out, number 16 drove out from his parking lot, if there was any carelessness there, there would be some hard feelings. So in this case I want to oppose this giving the permit to this catering service, because of the situation, the conditions, not adequate space. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 5 I don't have any feelings against somebody wanting to start a business. This would be an ideal, where somebody would want to go into a fine dining facility and look at the birds, and hear the birds singing, or some kind of a relaxation. I don't see that type of offer in that subdivision, this gentleman is trying to give. I don't see that. The reason I don't see that is because I've been to a couple of these catering services 'myself. Which were very, very good. Where there was no traffic, no neighbors, nothing to worry about, but just relax. And this subdivision is a subdivision for family use, not business, I don't believe. Thank you. Bryson Thank you Mr. Selanoff. Are there any questions. Are their other people who wish to testify? John Thomas My name is John Thomas and I reside at 525 Robin Drive. I pretty much have the same feelings as my neighbors do, about the opening of the catering and fine dining establishment. Also another thing that I was thinking of, it doesn't say anything about having a liquor license or anything once it gets established. Even if they didn't have a liquor license people still could bring their own wine or like that which I think slot of people would do. Because when you think of fine dining, you think of fine food and fine wines. And having people coming in and dining and eating and having a good time, because I have two children of my own and we live probably 75 yards away from that house. And they like to get out on the street and play around, like little kids do. So, I am totally opposed to the proposal as presented. That's all I have to say. Bryson Are there any questions for Mr. Thomas? Thank you. Nina Selby My name is Nina Selby, and I live at 560 Robin drive. My husband and I, I'll say all of the above too, so I won't take so much time. My husband and I, the reason that we chose that area to build our home on because of the covenants and zoning that is in there. Residential only, for one family residences. We've lived there since 1972 and we enjoy that place, we enjoy that cul-de-sac street. And I was kind of appalled when I received this letter. In one place it says, I was concerned too, about serving wine and beer and than eventually getting a liquor license. And that's not an area to do that, in my opinion. And one of the sentences in this letter it says the dining is "5 star service and food". I appreciate that and it is very much needed in this area. Well I don't agree with that at all. I don't think it's necessary in that area. I think the fine dining service and good food is wonderful to have in some other place, but not in a residential area. And like the other people said we have small children running all over there and they go out in the yard to play and sometimes they ride their bikes in the street. And I don't think that there should be a place like that where they say they will have up to 10 people a day, from 6 to 11 o'clock at night. That really bothers me and I hope you will not grant that CUP. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 6 Bryson Are there any questions for Nina? Thank you. Other persons who would like to speak? Rita Morrison My name is Rita Morrison, my husband Ken Morrison, who is the head honcho of the business we are trying to get going, he's out of town tonight. Everybody here seems to be under the impression that we are trying to open a real restaurant which is not our intent. This is reservations only, we are not open to the public, just to walk in anytime during the day off the street. So as far as the parking goes, it is going to be very limited. It has to be anyway because of the area we have. We do not have a liquor license, although, people who would come and join in our dining want to bring a bottle of wine they're allowed too, we just can't sell it to them. You know we're not thinking of remodeling the house and we're not going to go chopping down trees or any of that stuff. The landscaping is beautiful, I think, the way it is and so is the house. You did a nice job building it. You know, as far as children playing in the street and everything, I think everbodyIs got to watch that, no matter where you live anyway. As far as traf f is goes though, that would be the f irst house off the highway so they shouldn't be going down the street or anything like that. Since it is required reservations I don't even know what we would have, since it isn't going yet. But I don't �^ think we're going to be doing it every night of the week or anything like that. And as far as the hours go, from 6:00 to 11:00 they're not set either, you know. It's just kind of a basic dinner hour type thing. But I'm sure there's going to be many, many nights that we're not going to have anything at all, either. So, that's about it. If anybody wants to ask me anything I'll try to answer it. Bryson Any Commissioners have questions? Walker Has that kitchen been looked at by the OSHA group and Health Department and stuff like that as far as size and for its use, whether or not it's legal to use for commercial? Morrison Okay, that part of it I don't really know how to answer. No, we haven't had anybody look at it or anything. As far as the well and septic I think that has to be taken care of before we purchase the home. But I still don't foresee any great big commercial use of the home. You know, like a restaurant where you have grease traps and all this stuff. I don't think there's going to be any call or need for that. Bannock Do you think it would'be necessary to obtain a restaurant permit from the state of Alaska? Have you looked into that? Because you have to call it something if it's going to be a business. And although I certainly understand alot of where you are coming from, I think you will find, I'd like to step up for the State of Alaska for just one second, and if you are serving food as a business that's a restaurant. Whether it be an incredibly small, low-key 10 seated restaurant or whether it be a huge restaurant. And certainly correct me if I'm wrong, but, I'm real confident KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 7 that the State of Alaska requirements are going to be a little more stringent than that of a house, a residential house. Do you know if that would be true or not? Morrison Okay, we do have DEC approval if that's what your getting at. Bannock a DEC approval for . . .? Morrison For catering and fine dining. Bannock Okay. Thank you. Bryson Other questions? No other questions, thank you. Morrison Okay, thank you. Bryson Are there any other persons who would like to comment? Julia Selanoff I am Julie Selanoff, 535 Robin Drive. And as my husband stated we've lived there 22 years. And we've raised four children in that neighborhood and have been very glad that there has been no commercial business there. Whether it be low-key or big -key, I'm glad that there is not. Because, as all kids do, they play out in the street, and we do get enough traf f is from Eagle River, or Eagle Rock, people accidentally not finding the right road. We get all kinds of traffic coming down there, making the turn around and having to go out. And even though it is the first house on the end of the road, I cannot believe that people will just come in and go out. They will come down and turn around because that's just the way people do, do. And we can get alot of RV's and motorhomes, camper trailers and everything coming down there as it is, turning around. And I think we have enough commercial there. And I think when we have residential we need to keep it as residential not a grey fine line in there. And not put little commercials in there. And I have been glad that it has been residential and I would like you to keep it that way and I notice their address is Schooner Circle. And if I'm not mistaken, we were kinda driving around down in that area the other day and it's paved all the way. It's the only house on the little street, is that not right? No, but, it is paved all the way right? Bryson Could you address the chairman rather than the other parties? Selanoff Okay well anyway our road is not paved. It is just gravel and I'm sure it is not in the planning to black top it. And we get lots of dust, there's alot of dust from the traffic, just from those of us that live there. So this is also another reason. But I was wondering why not keep where they are? It seems to be a little further out, there's no close neighbors, like there will be on Robin Drive. Thank you. 71 Bryson Hal, you have a question? KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 8 Smalley I have question for Julia or maybe even Jimmy. How many of those lots in that subdivision have residential homes on them? Of the sixteen lots? Davidson Most people who have bought lots bought the lot next to theirs for privacy. We've been kind of selective on the people who bought lots. We tried to keep it a nice residential place. Bryson I have a question for Jack on the question that was raised. Presently, Robin Court is unpaved gravel. The question was raised about Schooner, are you familiar with that? La Shot (Inaudible) Bryson Is Schooner Drive in the City of Kenai? La Shot I think there's a Schooner Drive over there in VIP. Bryson Alright, thank you. Are there other persons who have not testified that would like to speak. Mr. Davidson you had your hand up, would you like to speak? Davidson You brought up some questions you know about the house. And as far as a restaurant the DEC the EPA and OSHA it would take as far as I know extensive remodeling to where it would be approved by all the agencies. And the reason I know that is because I built it. I built it for a single family residence. And I know from my experience that it would take extensive remodeling and I don't know if they've gone through those agencies to see what they'd have to do or not. But there would be a lot of paperwork if you want to be in that area. And, like I mentioned before, the bathroom facilities are not adequate for even a reservation only type restaurant. If they were going to have five or ten or whatever. But it is not an adequate use for that. Bryson Alright, thank you. Other persons who wish to testify? Hearing and seeing none I bring it back to the Commission. ***END VERBAT3[X*** Bryson informed the Commission and audience that the City had not been able to get the public hearing notice in the paper seven days prior to the meeting, as required by ordinance. The public hearing was continued to the next meeting. All comments from both meetings will be considered when the Commission takes action on the CUP. ";) "1'j.m L`1 a. Resolution PZ 93-18: Gemini Park Atchison Replat La Shot reported that two lots were being combined for building purposes. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 9 NOTION AND VOTE: Walker MOVED to approval Resolution PS 93-18. aoecke SECONDED. Walker asked for UNANIMOUS CONSENT. Hearing no discussion NOTION PASSED QNIINiMODBLY. b. Resolution PZ 93-19: Quality Subdivision La Shot The applicant is taking one large lot and splitting it into two. NOTION AND VOTE: aoecke MOVED approval of Resolution PS 93-19 and asked for UNANIMOUS CONSENT. Bannock SECONDED. Hearing no discussion NOTION PASSED UNANIMOUSLY. • ;I a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property La Shot referred to a letter the Planning Department had received from Mr. Hanke (attached). Walker asked to address some items in the letter. They are asking the City to ask the Borough to waive the fee for disposal of "abandoned vehicles" that are on their property. Walker felt those were not abandoned vehicles. They brought those vehicles in, he did not feel the City should ask the Borough to waive any of their clauses. These people did this as a business, this was a for profit item. La Shot Said he had talked to the people at KO Towing and they want the cars and intend to start hauling them from the site within the next two weeks. The other option is to make the lessee obtain a conditional use permit for the wrecking yard. The lessee does not want a CUP, he wants to get rid of the cars. The cost of removing and disposing the cars is prohibitive. La Shot suggested waiting until the next meeting to act on this item, to give time for Staff to determine if cars are being removed from this site. 10. REPORTS a. City Council x Smalley reported on agenda items including: o Council had made the decision to offer Tom Manninen from Michigan the City Manager position. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 10 o The Board of Adjustment hearing on the Jackson encroachment has been scheduled for May 19th before the Council meeting. o Council had expressed concerns over the Quandt property, RPM Is and a possible sign violation for Coyle's Landing which had been placed on the Bridge Access road. Smalley asked La Shot to look into these items and said the Council is very please with the work the P & Z Commission and Staff are doing. b. Borough Planning Bryson reported that there were no items specific to Kenai. Arco has obtained the permits to start exploratory drilling in the Inlet in the next few weeks. C. City Administration The City has begun plans to pave the streets in the Haller/Evergreen area. A rezone for a strip of land along Evergreen will come to P&Z at their next meeting. The City owns this land and hopes to develop lots to recoup some of the money the paving will incur. lZ . INPORXRTION ITZXS a. Western Planner Conference 13, CON KIBSION COidISENTS & QUESTIONS Bannock asked if the City recognized subdivision covenants that developers make with their clients? Bryson Those are only agreements between people who live there. They would only affect the subdivider if he owned a lot there. Smalley The City does not enforce covenants. Walker Noted that there are a number of commercial activities along the Spur Highway in the area of the proposed CUP. He felt that the Commission needed to review the possibility of commercial zoning for properties adjacent to the highway. FT�09.4%1f1,i ir_-i,Y There being no further business the meeting was adjourned at approximately 8:30 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant MAY So of KVd 5/5/93 _ To: Jack LaShot RE: Lot 7&8 Beaver Creek Sub This letter is intended to inform you of our plans regarding this property. The best of all worlds has this property cleaned off• with the-ahnp_t.ha_anly thing left. To this end we have contacted a scrap metal dealer in an effort to have him come and bale and remove the abandon vehicles from the property. This effort is still in the negotiation stages. The cost of removal, storage, and transportation are all being addressed. As a contingency plan we are attempting to line up equipment capable of hauling the vehicles to the borough land fill. We have run into a snag in this attempt that you may be able to help with. The land fill has instituted a fee for droping off vehicles and with the quantity we are dealing with, it soon takes on super fund proportions. If you could help to have this fee waived for this project only,* we would be able to start transporting immediately, on a small scale and have the scrap man deal with what ever is left when he is able to close a deal. No matter how this project is project. We have been planning begin. The ground is almost firm machine access to the vehicles. regard to the land fill will be i Sincerely Doug Hanke for Dorthy Quandt n handled it is an all summer it all winter and are ready to enough to drive on and allow Any help you can give with our mutual best interest. 1 -4 ku mesa %�omas Lr " ;� A ox, �las�a 99740 May Sth 1993 Dear Sir, I purchased Lot 3 of the Sungate Park subdivision in June of last year because it was zoned for residential use and was very quiet. The area is as undisturbed as it is possible for a collection of homes to be, the woodlands being as natural as possible. Although I do not live there, I purchased it for my son and his young family, and I have visited there frequently. During my visits I have not seen a single customer parked at the house where, I am told, candles are sold. There is nothing that would indicate a business of any kind. A fine dining establishment would create a clientele which would be regular, and would attract a group of people rather than a single purchaser. Ten people are anticipated, a great increase over the present customers of the candle business. These people would be seeking a social atmosphere, pleasure, talking and laughing. Not at all the same sort of frame of mind as when you go to purchase a candle. The visits would extend into the night hours for evening dining. This would increase noise at a time when parents of young families would hope for quiet when young children are put to bed. There would be increased lighting, providing for the safety of those entering and leaving, thus altering the atmosphere of the neighborhood. I recall on one night this year, lying in bed, and watching the light of the moon. Artificial light detracts from that. The increased traffic would be detrimental at the very place where increased attention is needed to enter the fast highway traffic, and the whole length of Robin Drive, with its convenient turn around at the end would be used to negotiate, and avoid the potential danger of backing out into cars entering Robin Drive from the Spur Highway, when drivers are already meeting changing driving conditions. So although this business establishment would be at the highway end of Robin Drive, it would affect the whole subdivision. In addition to the increased activity during the hours of darkness, there will be increased traffic in the day when supplies are being delivered. Cars parked just at the place where the private cars of residents enter the highway would obstruct the view of the highway, where drivers need clear vision before entering the fast moving stream of cars on the Spur ,�^� Highway. Awe (.�Se peux Z` ddlLo��i1Ql'; T,-All-Or O�q 6?Pe Yl SCA4� (�I! a 7`_ �-1 r/� -ro t /2,�, P znc �ccfc zqt 'l-2)` ht `s the, dst-p-j 4e T�C '-5 Zocza Laer, ty4ezl i-m e- e- 1 rl �6 I T2� ` � c 5 �0- bc - Vehc hed Gc1 c ,`C.�i u��t 5' /?d 12 �6e t// 2, `s �1'/�GC �� D %1J� j�'� C.G e �s' 1�i '1'i �'i 1i�i s , .�.�.' ' i i�a 41 p�'�"r .' # �.,,. t , .,,.r f ,�, "f'• � °; , � I I r11r yi �. a!� is � Wi it .. .. l � � 1aP11 ��., � r�'"wR^ 4'^ � # • � . � � � � BOOK-- AGL�.3 r;cnri Krcurtlina District Own^rs dos i re to ',r-t'ibl isn condiices and r-strict.'ons, relitive �o t.t,e use �,f' all 1--s sol.', in order to crer.ie a rr�)r;cr ~ubdivis n. Therefore, owners herehv declare that all lots sold shalt be subject tc the followirp- corditi —s and reatrictic-ns. 1. No home erected rrav cont-in leso thart 1000 sc. f't., and be worth at least 33 5,000, at 1974 prices. 2. No mobile home unit may be placed on any lot. 3. No old built ir•crs shall be moved onto any lot from elsewhere, .ir,d ar.v bnildin� or imorover.er.t erected, ^n any lot, shall be from , with 7rd of new material. It. I:o �u,cmc•bile, truck, trailer or vehicle of any kind shall be al'.cwed to remain. on anv lot, within tr.e public view, if the s=one is is such bad c�ndi.tic:n and repair, as to make it unsi,*htly, and such that it ur.rPasor1abl.v detracts frcm tne, neat ,�. erancA of arty lot. Al' lots snall be used for tl0e cnnstructior, .•-f .^,irele family dwel1!,r-s only. b. The buyer —v re-r•nv- only the amoi nt of trees r.essary tc the cc+nstruction of a home and access to t .nt it -we, and ar..y lardscani: g nessary. STATS C' a.LASKA ss JUDTCIAL DISTRICT) ✓ h PHIS IS TC Cf.NTIF`! tY.nt or. this.. .'aV of 1 y , before ore, the undersit*ned t:otary Public in —d for Alrrka, rereor.•all,y c^me Jimmie L. Davidson a-d _livrna F. Davidson kr:nwn to rre and to :,e known to he the nersons :,,hose narePs krn-•ir hereinabove and who executed the forec*oiris* ir-strumert, .erd they ack-owler-ed tc me thrit thpv sipr.eci the s—ir.:e fre 1 •rnd vcl.,i! t-Irlly :'or t-e lses arc: rnarr^ses `herein st,.nted. 7s- u 0 1J i L JA a f11'15 :._ AT - N i » Tv hand .•d o_ iria. No ry r 1 for A•ln'=i: r '1791-1881 D-0 CITY OF KENAI „ad ed,a4W 4 4,"11 210 RDALGO KENAI, ALASKA eMi TELEPHONE M - 7535 FAX 907-283.3014 6 ZONING COMMISSION L993 - 7:00 P.M. City Hall Council Chambers AG ROLL QRLL PROV7Q OF AG 5. P 14ICG Resolution PZ 93-17: vb./Resolution PZ 93-20: 66. PLANNING Kcherita Katering (Continuation) Rezone Along Evergreen Street R5- �p Proposed City Land Sale Coastal Management Program Consistency Reviews V% Residential Floating Dock: Beaver Creek 13 - Bailey 7. NE1/ BUSINESS 8. OLD BUSINESS G� X�y: Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) a. Quandt Property 10. REPORTS a. City Council b. Borough Planning C. City Administration • Yli : • • YID :il,�l : • 1 • : __�. • 1�] ylY iIlk RENAI BEAUTIFICATION COMKITTEE May 11, 1993 *** 1:30 p.m. Council Chambers Chairwoman Loretta Breeden April 13, 1993 a. Review of Status on Beautification Project b. Resolution, Discussion, and Comments on: 1. All America City Garden 2. Fire Pit a. Immediate Future Plans for Beautification Project b. Managing Donation Funds c. Recruiting Volunteers/Service Organizations d. Develop Plans for Volunteer Appreciation 6. PERSONS SCHEDULED TO BE HEARD a. Jerry Hansen b. Linda Bonewell - Boys and Girls Club Gardens C. Leah Spaulding - Kenaitze IRA Plantings - Ryan's Creek/Library d. Merle Dean Feldman 7. QUESTIONS AND COMMENTS T D7 XZNAI BEAUTIFICATION CONKITTEE May 11, 1993 *** 1:30 p.m. Council Chambers Chairwoman Loretta Breeden MINUTES 1. ROLL CALL Members present: Nina Selby, Loretta Breeden, Delilah Langenhuizen, Annette Saling, Jeanene Benedict Absent: Gerry Sparks (excused), Glenn Jackson (excused) Also presnt: Mayor & Sharon Williams; Linda Bonewell,Boys & Girls Club; Sig Restad, Cooperative Extension; Jerry Hanson; Leah Spaulding, Kenaitze IRA Kayo McGillivray & Bob Frates, P&R; Loretta Harvey, Administrative Assistant Agenda approved with amendments as follows: 4. Old Business - b.3 Follow-up Extension Service Donations 5. New Business - e. Payment of Washburn Bill f. Carr's Donation 3. APPROVAL OF MINUTES Selby MOVED approval of minutes as presented. Benedict SECONDED. MINUTES APPROVED UNANIMOUSLY. 4. OLD BUSINESS a. Review of Status on Beautification Project o Carrs donating flowers and planting them at the KBVCC o Boys & Girls Tiered stone planter Blue Star memorial o Kenai IRA Ryan's Creek and Library o Rotary flower garden by Chamber Cabin o Firemen roses, lilacs, and Hawthorne tree by station o Cooperative Extension donating flowering shrubs o Harold Martin donated $130 and will plant roses & lilacs by Welcome to Kenai Sign o Pat Porter is setting up a crew to plant next to Bicentennial Building o Laura Measles is lining up volunteers to plant by Chamber o Merle Dean Feldman is raising over 30,000 plants for the project o Airland Transport will be transporting the roses and lilacs, (Mayor Williams suggested thank you letter to Chet Soares, �^ XENAI BEAUTIFICATION CONXITTEE f May 11, 1993 - Meeting Page 2 Terminal Manager) Breeden also thanked the Mayor o Dan McKernon is organizing some community service workers to help plant o Will Jahrig donated a load of peat o Heritage Real Estate will plant corner of Lake Street Breeden said she would like to remember all these people when thanks are given. b. Resolution, Discussion, and Comments on: 1. All America City Garden Swarner read a copy of the letter that had been drafted to send to cities for this garden (attached) . The Blue Star strip in front of the Benco building is a possible site for the garden. 2. Fire Pit A plan for a fire pit from Pre Cast Concrete Company Inc. was included in the packet. It could be smooth concrete $692 or exposed aggregate $785. 3. Follow up on Coop Extension shrub donation Restad reported that he thought the shrubs had all been flagged. Said he had rototilled a plot for the extra perennials. Annette Saling asked about putting a small bed under the sign at Warren Larsen Memorial Gardens. She said she would be happy to plant a small garden under that sign. 5. NEW BUSINESS a. Immediate Future Plans for Beautification Project Breeden asked if members had any additional ideas for this project. Swarner reported on May 22nd two or three people will need to finish some planting at Leif Hansen Park. On the 24th the Rotary will plant a piece over by the Chamber and also that week the beds beneath fire department windows will be planted. McGillivray expressed concern over who will maintain these beds once they are planted. b. Managing Donation Funds An account has been set up for donations to the project. $682 had been donated by meeting date. Sharon Williams is keeping track of KENAI BEAUTIFICATION COMMITTEE May 11, 1993 - Meeting Page 3 donations so thanks can be sent. Breeden asked if Feldman could be reimbursed $171 for seeds from this account? Also perhaps the flower bed edge liners could be purchased from this fund. After discussion the Committee decided that most people had donated toward the purchase of flowers and this money should be used for that as much as possible. MOTION AND VOTE: Benedict MOVED to pay $171 to Feidnan for so" reimbursement donation account. Selby SECONDED. PASSED UNANIMOUSLY. c. Recruiting Volunteers/Service Organizations Breeden reported that the Rotary and Boys & Girls Club were already involved in the project. She would like to recruit more service organizations. She also thanked Bob Frates for all his hard work on this project. d. Develop Plans for Volunteer Appreciation Breeden, Benedict, Williams and Langenhuizen will developing a plan for a volunteer appreciation potluck or picnic. e. Payment of Washburn bill for beautification project Swarner said a bill has been requested from Washburn and as soon as it is received a check will be cut. f. Carr's donation Carr's will be donating flowers and would like to plant them in a real visible area such as the KBVCC. They are supplying all the plants and planting them themselves. a. Jerry Hansen Breeden referred to the letter the Committee had received (attached). McGillivray said that Hansen has come to Council on this issue before. Council agreed to do something in that area when top soil became available. Last summer there was no available free top soil. ZZMAI BEAUTIFICATION COMMITTEE May 11, 1993 - Meeting Page 4 Hansen said he lived near that area, it's been barren for years. He talked to the City Engineer who thought perhaps when the Spur road is reconstructed some top soil may become available. He thought this might be a good time for the City to let the State know they would like some top soil from this project. He also mentioned the pile of dirt off Marathon road and wondered what the City intended to do with that. Breeden said she thought it would be appropriate to send the letter on to Council and see if the City can request topsoil to begin this project. MOTION AND VOTE: Baling MOVED to recomiend to Council reviewing Hanson's request. Benedict SECONDED. PASSED UNANIMOUSLY. b. Linda Bonewell - Boys and Girls Club Gardens Bonewell reported on the Garden Task Force (attached). The 24 children who have signed up are very excited about the project. She will try to find volunteers to fix the stone planter the children will be using for one of there gardens. C. Leah Spaulding - Kenaitze IRA Plantings - Ryan's Creek/Library Spaulding reported that plans were developing for these areas, she will have her summer youth workers help with these plantings. They will not be on line until after school ends. d. Merle Dean Feldman Not available. Swarner reported that Council had taken an unofficial poll at a previous work session and decided to off Tom Manninen of Michigan the City Manager position. Benedict reported that the Seniors had worked on the cleaning up the Bridge Access road as part of the State Is Adopt -a -Highway Program. Frates said he needed some help in placing some roses in the Blue Star Strip. KZNAI BEAUTIFICATION CONKITTBE May 11, 1993 - Meeting Page 5 Breeden expressed concerns that some of the stakes had already been moved. She said she would help Frates with the placement of the roses. There being no further business the meeting was adjourned at approximately 4:00 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant TERRY HANSON May 10, 1993 Loretta Breeden Beautification Committee City of Kenai Dear Chairperson Breeden: I would like to see the barren area that was a fire -school training area in the 1970's filled with dirt and planted with trees. This is the area bounded by the Spur Highway and Lawton Drive, Rogers Road and Walker Lane. It has been sitting ugly for years on the approach to the city. I have appeared before the city council twice in two years and gotten agreement that it would be a good thing to do and indication that it would be taken care of "this summer". Still nothing has been done. At your suggestion I recently talked with Jack LaShott about this strip of city property. It is zoned conservation. The new Spur Highway will be built along this strip this summer and will include a sidewalk and bike path on the south side of the highway. Jack suggested this would be a good summer to have some plans laid because soil from the highway construction could conceivably be deposited on this barren spot. The state highway right -of --way is about 80-90 feet to the south of the current bike path. The state has not asked for permission to run construction equipment beyond the right-of-way. If we can get some soil down and evened out a bit this summer that would prepare the ground for the next step of planting some trees in a year or two. I would be happy to organize a group to plant trees. 1 107 Pauia Strad, Kenai, Mara 9%11 • 907-283-7929 r • f, i. 1. 17 .J*�Fa'�IF, .;'ht :�-'N'+�a �, �ti �^.• �T�v ��• M� Nla,� •4 -a At, a. '�"r`�y �,�+: _�•l�":�. _iC'�{ _'.� a ''�'�r{•fa fiy i�-i t+;w116'��t,� ;r.7�-'.Y�,a �(:b •-y , "." . - t.:4 '•f tT `} gV{�ba+' �.�R7Ys ,.. ._r . May 11, 1993 Ms. Loretta Breeden City Of Kenai Beautification Committee 210 Fidalgo Street Kenai, Alaska 99611 Re: Boys dr Girls Club Dear Ms. Brqten:� Garden Task Force Update On behalf of the children who are participating in the B&G Club Garden Task Force, I would like to express our appreciation to the Beautification Committee for the approval of our petition requesting appointment to the City Of Kenai Gardening Task Force. The first meeting of the B&G Club Garden Task Force was held on Tuesday, April 20, 1993. Meetings of the Garden Task Force were subsequently held on April 27th and May 4th. The following children are actively participating in the Garden Task Force and are looking forward to the opportunity of working with the Beautification Committee: Amanda Antonia Ashey Courtney Crystal Daniel Emily John Johnny Kelly Kim Magalie Mike Nichole Rachelle Ron Rus Sarah Seth Shawn Tim Thomas. �a BOYS & GIRLS CLUB nI'TIIG KL•NAI PENINSULA P.O. Box 2221 Kenai, Alaska 99611 i9071283-2682 (90, 283-7743 offices Deanna Allard President Valerie Edmondson V.P. o/Devsiopenerrt Pete Mysing V.P. of Administration Kathleen Arehey Secretary Steve Tarries Treasurer Board of Directors Jack Brown Bul Coghill Flo DeJarnett Ben Ellis Nikki Guinan Vbdd Goodwin Robert Hllls Marls Hodgios • Dick Hallberg Tom Jana Bill Kluge Randy Koruffeld Del Lopez Art McComsey Kim McCune Maureen McGillivray Lori Manion David Means Sharon Moock Ron Rainey Dale Sandahl Sharrie Satathite Roger Siebert Barry Sossamon Bill Stamps Sophia Stanford Kathryn Thomas Ken Turnage Linda White Advisory Connell Bill Allen Brd Allard Made Becker Gene Barden Jim Carter Lod Evans Mayor Don Gilman Catherine Morrison Represenative Mike Navarre Nancy Peck Dr. Dan Pitts Robert Rubadeau Bill Stillings Mayor John Williams Ron Yamamoto Greg Williams Emotive Director ' Pat President 0 A United way Agency Boys & Girls Club Garden Task Force May 11, 1993 Page 2 Of 2 I and the children look forward to working with you and members of the Beautification Committee. Meetings of the BAG Garden Task Force are held on Tuesdays at 4:00 P.M. If you have furtherquestions of if I may be of assistance, please do not hesitate to contact me. I may be reached during office hours at 283-7222 or evenings at 283-7266. Sincerely, Linda L. Bonewell Board Of Directors cc: Greg Williams, Director w AGENDA 'I 1 ENAI CITY COUNCIL REGULAR MEETING MAY 190 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 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. Ed Bytord - Clearing of Right-Of-Ways/Dena'Ina Point Estates. C. PUBLIC HEARINGS 1. Ordinance No. 1539-93 - Increasing Estimated Revenues and Appropriations by $220,000 in the General Fund for Redemption of the 1980 General Obligation Bonds. 2. Ordinance No. 1540-93 - Authorizing an Amendment of the Terms of the General Obligation Bonds, 1984 Series A, Authorized by Ordinance No. 972-84; Authorizing the Execution of an Amendment to Loan Agreement Between the City of Kenai and the Alaska Municipal Bond Bank; and Providing for Related Matters. 3. Ordinance No. 1541-93 - Increasing Estimated Revenues and Appropriations by $400,000 in the Court Facility Capital Project to Continue Work on the Project. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 4. Resolution No. 93-32 - Transferring $2,500 in the 17 General Fund for Parks Department Salaries. -1- 5. Resolution No. 93-33 - Transferring $2,000 in the General Fund for Speed Bumps at the Visitors and Cultural Center. 6. Resolution No. 93-34 - Transferring $4,000 in the Water and Sewer Fund for Conversion of a Dump Box for the Sewer Treatment Plant. 7. Resolution No. 93-35 - Setting the Percentage of Fair Market Value to be Used in Order to Derive a Fair Return on Lease of Airport Lands. 8. Resolution No. 93-36 - Transferring $3,000 in the General Fund for Bond Counsel Fees Incurred in Refunding 1984/86 General Obligation Bonds. 9. Resolution No. 93-37 - Awarding a Contract for the Construction of 1993 Kenai Municipal Airport Crack Sealing and Painting to Diversified Asphalt for the Total Amount of $51,517, Which Includes the Basic Bid. 10. *1993 dames of Chance and Contests of Skill Monte Carlo Permit Application - American Legion Auxiliary Unit 20 - 6/19-20/93; 8/28-29/93; and 10/30-31/93. 11. *1993 dames of Chance and Contests of Skill Permit Application - Alaska Municipal League. • i.�: :: . • T-0444.j• 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 1. *Regular Meeting of May 5, 1993. G. OLD BUSINESS 1. Bills to be Paid, Bills to be Ratified -2- 17' 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1542-93 - Increasing Estimated Revenues and Appropriations by $6,504 in the Council on Aging Title III Fund. 4. *Ordinance No. IS43-93 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1993 and Ending June 30, 1994. 5. *Ordinance No. IS44-93 - Increasing Estimated Revenues and Appropriations by $797,765 in the Evergreen/Haller Paving Capital Project Fund. 6. *Ordinance No. 1545-93 - Increasing Estimated Revenues and Appropriations by $11,433 in the Rehabilitation of Taxiway A-3 Project. 7. Approval - Assignment of Lease - Lot 9, Block 1, Cook Inlet Industrial Air Park Subdivision From Teamsters Local 959 to Rick Vann Profit Sharing and Trust. 8. Discussion - Nikiski Pool Renovation Project - Letter of Support. 9. Discussion - Agreement Between the City of Kenai and the State of Alaska for a Portion of the Financing of the New Court Facility. 10. Discussion - City Attorney and City Clerk Salaries. 11. Discussion - Draft Agreement/New City Manager. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUBBION 1. Citizens (five minutes) 2. Council KENAI CITY COUNCIL REGULAR MEETING MAY 19, 1993 7:00 P.K. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMBj PRESIDING Mayor Williams called the meeting to order at approximately 7:20 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. R"L CALL Roll was taken by the City Clerk. Present were: Bookey, Williams, Swarner, Monfor, Measles, McComsey, and Smalley. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: B-2, Larry Pedersen - Inlet Woods C-9, Resolution No. 93-37 - Additional Information from Bob Barnett. H-2, Purchase Order to Pro -Truck - Storage Van/$3,000 (Replaces voided Powers Purchase Order for van.) H-11, ADDITIONAL INFORMATION - Counter-proposal/New City Manager. NOTION: Councilman Smalley MOVED for approval of the regular agenda as amended and asked UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA There were no changes to the consent agenda and no objections. Approved. -1- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 2 B-1. Ed Byford - Clearing of Right-Of-Ways/Dena'Ina Point Estates. Williams referred to a letter included in the packet which delineated Byford's request. Byford requested Council's permission to clear trees, brush, etc. from the right-of-ways in the Dena'Ina Pt. Subdivision. Byford pointed out the specific areas on a map for Council. Measles asked if the right-of-ways were surveyed. Kornelis stated he did not believe they have and if they have, it was done some years ago. Kornelis stated he did not believe they were still flagged. . Kornelis stated the rights -of -way would need to be flagged so that Byford would not stray from the right-of-ways. Kornelis added some of the properties are privately owned. Measles asked if the plat indicates the rights -of -way. Byford stated he would make sure the rights -of -way are flagged and staked. Byford stated he owns a saw mill and he would be milling the trees, etc. Administrative Assistant Kim Howard stated about one-half of the properties in the subdivision are owned by the city. Williams explained the history of the properties. Williams suggested the city may want to rethink how to use the land and how to subdivide the land out. Williams stated he did not know if he was ready to make a decision regarding the removal of trees at this time. Williams stated he is personally reluctant to allow any cutting for establishing right-of-ways at this time. Measles stated he agreed with Williams. Measles stated he was especially concerned with the areas around the privately owned properties. Measles stated he did not think the Council should authorize the cutting of trees there. Swarner thanked Byford for bringing his idea to Council, however she is not ready for cutting trees either. Byford asked if he approached the land owner and he wants him to do the cutting if the Council would allow him to do the cutting. Williams asked how many private owners of the property still owe money to the city. Brown and Howard answered that some of them do. Williams stated he would have a problem with the private -2- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 3 owners allowing the cutting if the they still owed money to the city. Williams stated he would prefer the individual owners of the property to enter into agreements to develop access to their properties. If they default on the contracts with the City, the City may end up with something other than what was planned. Measles asked if there was a particular piece of property Byford was referencing. Byford answered Dr. Hansen's. Measles stated (from looking at the map) the only property Byford would go through to get to Hansen's property is city property. The cutting would not affect any other properties. McComsey stated if the private owner has a plan to develop the property, then the city would have no other option than to allow the cutting. However, if the private owner is not planning to develop the property, then he does not think they should allow the cutting. Williams suggested Byford talk with Dr. Hansen, Council and the Planning & Zoning Commission. Williams suggested they take an updated look of the entire subdivision and of what is planned. Measles stated he did not think any changes could be made since some of the properties have been sold. The City has to honor the terms of the sales. Measles suggested Dr. Hansen present a development plan to the Planning & Zoning Commission. Measles added there is the potential that one road could be cleared. Swarner added she thought Administration needs to be contacted in regard to payments to see if they are current. B-2. Larry Pedersen - Inlet Woods Settlement. Pedersen referred to his May 7, 1993 letter to the City in which the cLane family offered to settle this matter for $1,762,500. He a lained that the offer still stands and that it is in earn st; they want to end this matter. Pede'sen described his professional background and assured the Coun it that he and the McLanes are working hard to procure funds thro gh loans to finalize this settlement. He asked that the City look favorably on the offer. Mayor Williams asked Pedersen how comfortable he felt about the McLane's ability to borrow the amount of money necessary for -3- 7 T r KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 4 settlement. Pedersen stated he feels "reasonably comfortable that we can accomplish what we need to do." Williams asked about the outstanding property taxes. Pedersen stated that issue would be addressed in the loan package. Monfor made the recommendation that the Administration proceed with discussions with Mr. Pedersen toward settlement of the McLane matter and bring it back to Council at the June 2, 1993 meeting. C. PUBLIC IMINGS C-1. Ordinance No. 1339-93 - Increasing Estimated Revenues and Appropriations by $220,000 in the General Fund for Redemption of the 1980 General Obligation Bonds. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1539-93 and Councilman McComsey SECONDED the motion. There were no public or Council comments. VOTE: Measles: Yes Williams: Yes Monfor: Yes McComsey: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. Smalley: Yes Swarner: Yes C-2. Ordinance No. 1540-93 - Authorizing an Amendment of the Terms of the General Obligation Bonds, 1984 Series A, Authorized by Ordinance No. 972-84; Authorizing the Execution of an Amendment to Loan Agreement Between the City of Kenai and the Alaska Municipal Bond Bank; and Providing for Related Matters. -4- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 5 MOTION: Councilman McComsey MOVED for approval of Ordinance No. 1540-93 and Councilwoman Swarner SECONDED the motion. There were no public comments. Brown stated the ordinance has come at a strange time inasmuch as the settlement talks with MSM Partnership (McLane's). Brown added the bond was for Inlet Woods. Brown stated the settlement monies, if received, would go a long way to redeem the bonds in 1996. Brown stated if Council adopts the ordinance, the bonds would not be redeemable until maturity (2003). Brown stated he would go ahead with approving the ordinance due to the low interest rates, etc. McComsey asked if the ordinance could be held for two or three weeks until more is known in regard to the McLane's settlement. Brown stated that the bond bank is putting together the refinancing on this one now, and the City of Kenai is just one of several cities participating in it. He stated that the City .� either does it now, or not at all. Williams asked what the total outstanding amount on this bond issue is presently. Brown said it is $1,982,000. If we paid it off now, we would save seven years of interest -- a major savings. The problem is timing. Do we gamble with time and miss this opportunity to refinance, or do we refinance and carry the bond issue to the year 2003? Williams asked Administration what the possibilities are of another bond refinance package in the near future. Brown stated they are not very good. Measles asked what the risks are in doing this. Brown stated that if interest rates go up to 5% or 6% over the next few years, the City would be saving money now and still be ahead. If we can get the interest on the bonds below 5%, there isn't much risk. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. -5- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 6 B-3 Ordinance No. 1541-93 - Increasing Estimated Revenues and Appropriations by $400,000 in the Court Facility Capital Project to Continue Work on the Project. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption MOTION a. Councilman Measles MOVED for introduction of Ordinance 1541- 93. Councilwoman Monfor SECONDED the motion. There were no comments from the public. Councilman McComsey asked for unanimous consent. No objection. 80 ORDERED. MOTION b. Mayor Williams asked for a motion for a second reading of Ordinance No. 1541-93. He explained that this ordinance is being presented as an emergency ordinance which will be introduced, read, and voted on this evening. Councilman Measles MOVED for a second reading of Ordinance No. 1541-93 and asked for unanimous consent. Councilman Smalley SECONDED the motion. No objection to motion for second reading. SO ORDERED. MOTION C. Councilman McComsey MOVED for approval of Ordinance No. 1541-93. Councilwoman Monfor SECONDED the motion. There were no public comments. No further discussion by Council. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 7 C-4. Resolution No. 93-32 - Transferring $2,500 in the General Fund for Parks Department Salaries. MOTION Councilman McComsey MOVED for approval of Resolution No. 93-32 and asked for unanimous consent. Councilwoman Swarner SECONDED the motion. There were no comments from the public. No objection to unanimous consent. MOTION PASSED UNANIMOUBLY. C-5. Resolution No. 93-33 - Transferring $2,000 in the General Fund for Speed Bumps at the Visitors and Cultural Center. XOTION Councilman Smalley XOVED for approval of Resolution No. 93-33. Councilwoman Swarner SECONDED the motion. Public comment from Eric Leed(?). Mr. Leed introduced himself and stated that he owns land near this area. He asked why the Council wants the speed bumps. Councilwoman Monfor stated that people who do not want to go around the corner will speed through the parking lot instead. She stated that it is "an accident waiting to happen." Mr. Leed stated that people drive through the parking lot because Main Street is collapsing and drivers must slow down so much to drive on it. He stated if Main Street were fixed, maybe drivers wouldn't be tempted to use the parking lot. Mayor Williams stated that the City is also addressing the problem with Main Street. Councilman McComsey asked if there were to be two or three bumps. Clerk Freas stated that the motion had been for two bumps. Kornelis asked if everyone understood where the speed bumps would be located. He handed out maps of the parking lot with the location of the bumps marked. Councilman Bookey asked how high the bumps would be. He stated that they need to be substantial in order to slow people down. -7- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 8 Kornelis answered that there would be a 12" wide ditch dug and the bumps would be 3" high and 6" wide at the top. No further discussion. No objection to unanimous consent. MOTION PASSED UNANIMOUSLY. C-6. Resolution No. 93-34 - Transferring $4,000 in the Water and Sewer Fund for Conversion of a Dump Box for the Sewer Treatment Plant. MOTION Councilman McComsey MOVED for approval of Resolution No. 93-34. Councilman Bookey SECONDED the motion. No public comments. Councilman McComsey asked for unanimous consent. Councilman Bookey asked what was going to be done for $4,000. Kornelis stated that the whole thing would be reconstructed; the aluminum frame would be doubled. No further discussion. No objection to unanimous consent. MOTION PASSED UNANIMOUSLY. C-7. Resolution No. 93-35 - Setting the Percentage of Fair Market Value to be Used in Order to Derive a Fair Return on Lease of Airport Lands. MOTION Councilman Smalley MOVED for approval of Resolution No. 93-35. Councilman McComsey SECONDED the motion. No public comments. No objections to unanimous consent. MOTION PASSED UNANIMOUSLY. C-8. Resolution No. 93-36 - Transferring $3,000 in the General Fund for Bond Counsel Fees Incurred in Refunding 1984/86 General Obligation Bonds. -s- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 9 NOTION Councilwoman Monfor MOVED for approval of Resolution No. 93-36 and asked for unanimous consent. Councilwoman Swarner SECONDED the motion. No public comments and no objection to unanimous consent. MOTION PASSED UNANIMOUSLY. C-9. Resolution No. 93-37 - Awarding a Contract for the Construction of 1993 Kenai Municipal Airport Crack Sealing and Painting to Diversified Asphalt for the Total Amount of $51,517, Which Includes the Basic Bid. Mayor Williams reminded Council of the addendum regarding this resolution and stated that there was a gentleman who want to address this issue. NOTION Councilman Measles MOVED for adoption of Resolution No. 93-37. Councilman Bookey SECONDED the motion. Robert Barnett introduced himself and stated his address as P. O. Box 22625, Anchorage, Alaska. He stated that he opposed the adoption of this resolution. He stated that when the bids were opened on May 13, 1993 at 2:00 p.m. Diversified Asphalt was the apparent low bidder and that bid was based on a product called CRS2 or AC5. Wilderness Paving was the second lowest bidder, using a product called FLEX-270. Barnett stated that CRS2 and AC5 are inferior products when compared to FLEX-270. He said that CRS2 and AC5 are standard grade asphalt materials, and when applied to cracks will fail 90% of the time after one winter. This would mean that the sealing procedure would have to be repeated every year. He stated that he had talked with the Airport Manager in Homer about the AC5 that is used there; he was told they use it every year. Barnett stated that FLEX-270 is a rubber product that survives cold weather. He passed around a sample for the Council to examine. Councilman Smalley asked Kornelis if the original bid request specified FLEX-270. Kornelis stated the original request was to -9- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 10 use AC5 or CRS2. Kornelis stated that Barnett has handed out an addendum to the bid package. The addendum was mailed out stating that bidders could use AC5 or CRS2 or FLEX-270. Smalley asked if the City is aware of any quality problems with substitute materials. Kornelis answered yes. Councilman McComsey asked how long the FLEX-270 product lasts. Barnett answered from three to seven years. It flexes at -70 degrees over a 90 degree angle. He stated that AC5 and CRS2 fracture at 10 or 20 degrees. Mayor Williams asked Kornelis if all the bidders were furnished a copy of Addendum #2. Kornelis stated that they were, and that on the bid form the bidders are required to acknowledge receipt of the addendum. Councilman Measles asked what has been the airport's experience in the past with crack sealant. Kornelis stated that the City has used AC5, and it has been a few years since it was last done. The job was bid last year, but it was postponed. Councilwoman Swarner asked what product is used to patch the cracks in the streets. Kornelis answered AC5. Councilman Bookey asked if the City is happy with AC5. Kornelis answered that the City would probably have gone to FLEX-270. Councilman Measles asked if all bidders Kornelis stated that he would need to go the bids to answer that question. BREAK: 8:30 P.M. BACK TO ORDER: 8:41 P.M. bid based on FLEX-270. to his office and get Kornelis said that Diversified Asphalt and Quality Asphalt Paving bid using AC5; Wilderness Paving and Anchorage Enterprises bid using FLEX-270. Kornelis stated that portions of the runway have been scheduled for closure beginning June 1, 1993. Mayor Williams asked why there is such a wide disparity in bids, even among those who bid using the less expensive material. -10- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 11 Kornelis stated that when AC5 is used there is a lot more labor involved because sand must be spread on top of it. For this reason, some bidders thought they could bid using FLEX-2'70 and still be competitive with the AC5 bidders. Kornelis stated that the City's options are to either accept the low bidder or re -bid the job. He stated that he doesn't know the consequences of re -bidding in terms of the closure schedule at the airport. Councilman Smalley asked if the Council couldn't decide that the low bid was not in the best interest of the City and opt for another bid. Attorney Graves answered that he would be more comfortable doing that if Diversified Asphalt were in attendance at the meeting in order to give them the opportunity to make their own presentation. Kornelis stated that he wasn't sure there were enough funds in the budget. Brown stated that as of a couple of weeks ago there was approximately $71,000 in that account. Mayor Williams suggested that the bidding be thrown out and rescheduled for later in the summer. McComsey asked the Administration to investigate the two types of materials and specify in the bidding which product is to used. McComsey asked if FLEX-270 is available to all contractors. Barnett answered yes. VOTE: Measles: No McComsey: No Smalley: No Williams: No Bookey: No Swarner: No Monfor: No MOTION FAILED. MOTION Councilman Measles MOVED that all bids be rejected; that the project be re -bid in late summer after the fish -haul season; and -11- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 12 that the Administration investigate the materials, determine the best one, and specify it in the new bid packages. Councilman Smalley SECONDED the motion. No further discussion. No objection to unanimous consent. MOTION PASSED UNANIMOUSLY. C-10. *1993 dames of Chance and Contests of Skill Monte Carlo Permit Application - American Legion Auxiliary Unit 20 - 6/19-20/93; 8/28-29/93; and 10/30-31/93. Approved by consent agenda. C-11. *1993 Games of Chance and Contests of Skill Permit Application - Alaska Municipal League. Approved by consent agenda. ITEM D. CONXISSION/COMMITTEE REPORTS D-1. Council on Aging Swarner stated last week seniors picked up trash along their section of Bridge Access Road. The Senior luncheon is this Saturday, beginning at 12:00. For tickets see Pat Porter or Chris Monfor. Tickets are $12.50. D-2. Airport Commission Measles stated that the Commission has not met since the last Council meeting. McComsey asked if there was a misprint in the ad copies shown in the packet. It was determined that one of the telephone numbers in the ad was incorrect. Mayor Williams asked if the issue of the landing fee had been resolved. He stated there had been a suggestion to eliminate the user fee for aircraft under 4,000, and make the landing fee a minimum of $25.00 per aircraft. Swarner suggested that a person's first and last name should be used when being referenced in the minutes. She said it would -12- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 13 also be helpful if there were a list in the minutes of people attending the Commission meetings. D-3. Harbor commission Bookey stated there had been a meeting on the loth. The dock ramp was discussed. The motion was passed to attach the boat launch fees to the boat number and to approve a seasonal pass for $50 per boat number. He stated there was also discussion about the transient cannery workers. Williams stated that he had heard there was discussion about the city running water and sewer to that area. Bookey stated he understood that information had been on the radio. Bookey stated he said at the meeting that the orchard owners in eastern Washington have had to provide facilities for their transient workers. Bookey stated he doesn't understand why that hasn't happened here. D-4. Library commission Monfor stated there had been no meeting. Minutes of the last meeting are in the packet, as are the goals and objectives. She thanked Emily for the volunteer appreciation dinner. D-5. Parks i Recreation Commission McGillivray stated the minutes are in the packet. Smalley asked McGillivray about Forest Drive Park and the underbrush that was going to be removed from the sites. He also asked about the restrooms: Is the City required to make them handicapped accessible? McGillivray stated that the City only has to do that when new restrooms are put in. Smalley asked if it would be possible for the City to charge a $5.00 fee for campers using that park for camping. He suggested that someone could drive through the park once a day and look for permits. The money from the campers could be used to offset repair bills for the park. McGillivray stated that the bulk of the campers who use the park are cannery workers using tents. Many of those campers are gone in the mornings when someone from the City drives through, and -13- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 14 they are difficult to catch because of their odd working hours. Someone would have to be checking the park often in order to catch everyone. In the past the City has tried issuing stickers good for 72 hours. When a camp site was found not to have one, the police were notified. McGillivray stated that if a fee is requested and a container is placed in the park it would be difficult to keep it from being robbed. He said in the past there has been discussion about having no camping in the park, but that might not work because of federal funding. Monfor stated we won't know if putting in a container for fee collection in the park will work unless we try it. If it's not successful, she stated she would say no camping in the park and wait until the federal government does something about it. She stated she is nervous that small children are playing and riding their bikes in that area and to see what's driving in and out of that campground. She stated she is nervous about the overflowing garbage, and that last week some kids were having a party in the campground and set the picnic tables on fire. Monfor stated, "If we can't patrol it properly and we can't maintain it and we can't charge for it, then shut it down. The people that use it do not live in the City of Kenai and they do not pay taxes here so why should they be penalized for the people who are coming from outside and using it and they don't give a rat's ass." She stated that something should be done tonight: either require a fee and have someone patrol the park and make people pay or get out, or shut it down. Smalley stated that if someone doesn't pay the fee and can't be found, maybe their camping equipment could be confiscated until they do pay. McGillivray stated that the Parks Dept. cannot confiscate anything. McGillivray stated that he would just as soon not have camping in that park. MOTION Monfor KOVZD that the municipal park be shut down to any kind of camping for the 1993 year. Measles SECONDZD the motion. McComsey asked for unanimous consent. Williams stated that this motion would act as a directive to the administration. The administration has the authority to designate camping areas. Once the administrative order from the -14- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 15 City Manager has been delivered, it can be countermanded by the Council at a later date if they find it necessary. No objection to unanimous consent. NOTION PASSED UNANIMOUSLY. Bookey stated that at the end of Main Street on the bluff there is a broken pipe that has been that way for a couple of years. It needs welding and painting. Kornelis will take care of it. D-6. Planning 6 zoning comsission Smalley stated the agenda is in the packet. He stated item 5A (Resolution PZ 93-17) regarding Kcherita Katering was a popular item at the last meeting. Of the ten houses out there, eight people showed up at the meeting and two wrote letters in opposition to it. All were adamant about a commercial venture not being in their residential neighborhood. The issue was postponed to the next meeting (May 26) to allow time for the seven-day notice in the paper. Smalley stated the neighbors were concerned about a restaurant facility being opened in the neighborhood. It would serve 11 or 12 people and be open until 11:00 p.m., and there would be access to the home from the Spur Highway. Also, even though alcohol would not be served in the restaurant, individuals could bring their own alcohol with them to drink with their meals. Additional traffic in the neighborhood could also be a problem. Smalley stated that there are about 16 lots in the neighborhood, and 2 of the people at the meeting own 2 lots each. So most of the neighborhood was represented. Resolution PZ 93-18 was making one lot out of two. It passed. Resolution PZ 93-19 was making two lots out of one. It passed. Smalley referred back to the catering business and the concerns voiced by the neighbors. He stated there is concern that the septic system on the property is designed for residential and not necessarily for commercial. The parking and extra traffic, violation of their subdivision rights which say residences only, no access off of Spur Highway. These are in the covenants. -15- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 16 D-7. Miscellaneous Commissions and Comittess Swarner stated that members of the Beautification Committee met yesterday and helped plant lilacs and roses. They are about 95% planted now. Swarner pointed out the letter in the packet from Jerry Hanson regarding the area near Lawton Drive and Rogers Road. Swarner stated that the Beautification Committee had been given access to some railroad ties, but there are none left. She asked that the City purchase some railroad ties. Bookey stated that there may not be any available right now. Williams asked the Administration to talk with the railroad companies and have the City put on a list to get railroad ties when they become available. Swarner thanked Bob Frates for his help in coordinating the roses and lilacs project. Swarner stated that more flowers will be planted in Leif Hanson Memorial Park, the fire and police department on Saturday. The Chamber yard will also be done. Swarner asked Kornelis about the old banners. He stated that it's on the list of things to do. Swarner said more volunteers could be used for planting, and leaves and grass clippings can be used for the beds. Kayo McGillivray asked to speak again regarding Parks & Rec Commission. He stated that there has been a tremendous amount of vandalism along the Bernie Huss fitness trail (Ryan's Creek area). He stated it may be necessary to close off the end of the trail near Carr's to stop the stream of people through there. Swarner stated that letters regarding the All -America City Garden have been sent out. She put in the letter that the dedication would be on July 4, 1993. ITEM E. MINUTES E-1. Regular Meeting of May 5, 1993. Approved by consent agenda. -16- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 17 None. None. ITEM H. NZW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION Councilman Smalley MOVED to pay the bills and Councilwoman Monfor BECONDED the Motion. There were no objections. BO ORDERED. H-2. Purchase Orders Ezceedinq $10000 MOTION Councilman Measles ROVED to pay the purchase orders over $1,000 with the addition of the purchase order to Pro -Truck in the amount of $3,000 for the storage van. Councilman McComsey BECONDED the motion. There were no objections. BO ORDERED. H-3. Ordinance No. 1542-93 - Increasing Estimated Revenues and Appropriations by $6,504 in the Council on Aging Title III Fund. Approved by consent agenda. H-4. Ordinance No. 1543-93 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1993 and Ending June 30, 1994. Approved by consent agenda. H-5. Ordinance No. 1544-93 - Increasing Estimated Revenues and Appropriations by $797,765 in the Evergreen/Haller Paving Capital Project Fund. Approved by consent agenda. -17- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 18 H-6. Ordinance No. 1545-93 - Increasing Estimated Revenues and Appropriations by $11,433 in the Rehabilitation of Taxiway A-3 Project. Approved by consent agenda. H-7. Approval - Assignment of Lease - Lot 9, Block 1, Cook Inlet Industrial Air Park Subdivision From Teamsters Local 959 to Rick Vann Profit Sharing and Trust. MOTION Councilman Smalley MOVED to approve assignment of lease. Councilman McComsey SECONDED the motion. No objections. SO ORDERED. H-8. Discussion - Nikiski Pool Renovation Project - Letter of Support. Williams stated that since the bond issue passed the letter of support is a moot point. H-9. Discussion - Agreement Between the City of Kenai and the State of Alaska for a Portion of the Financing of the New Court Facility. MOTION Councilman Smalley MOVED to approve the agreement. Councilman Measles SECONDED the motion. No objections to unanimous consent. SO ORDERED. H-10. Discussion - City Attorney and City Clerk Salaries. Williams asked if the Council wanted to discuss the changing of these salaries. No discussion. Matter set aside. H-11. Discussion - Draft Agreement/New City Manager. Councilwoman Swarner stated she talked with several people in St. Clair, MI who have worked with Tom Manninen. He was described as "the best boss," a "team leader;" he gives constructive criticism. The Assistant Superintendent described Tom as I -18- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 19 enjoyable and progressive. He stated that the five-year capital plan was finished in two years under Tom's direction. Swarner was told that Tom worked very well with the Council and was very good at grant administration; he was business -like and in tune with the environment and well-informed about city policies. Williams stated that an article in the paper reported that Mr. Manninen has a good credit report and owns a new car. Councilman Measles suggested that a work session be called to discuss the agreement with Mr. Manninen. It was decided to meet Monday, May 24, 1993 at 6:00 p.m. in the Council chambers. ITEM I. ADMINISTRATION REPORTS I-1. Mayor Mayor Williams stated that another $600,000 would be needed for Thompson Park. The trunk line can be contracted and get it started this fall. During fall and winter months the design can be completed for Thompson Park. The other $600,000 can be requested during the next legislative session. Williams asked Council how they would feel about doing a variety of small projects for about $1.5 million. He suggested doing a prospectus describing the projects which could possibly include: the Bernie Huss trail, the $300,000 for the regional animal control center, development of a concession stand and bleachers at the ball parks, improving the viewing area on the bluff, the Heritage Village concept. Williams suggested thinking about buying out the vacant lots in Old Town and preserving them for use for the Heritage Village project. The fire truck might also be included. Councilwoman Monfor asked if the money the City receives from Juneau wouldn't have to be matched by the City. Williams answered that some may and some may not. He stated that the Governor told Williams that he would put the hockey rink money in his (the Governor's) capital improvement budget. Williams stated that he want to use lots of back-up material in the prospectus this year, and begin the process early. Williams handed out a donation sheet to be used for collecting donations for the hockey rink. Williams expects to collect $100,000 in personal donations from the community. He stated it -19- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 20 has been suggested that when businesses donate $1,000 or more they be given two days use of the new facility. Williams urged councilmembers to contribute their permanent fund checks to the hockey rink. He stated that he is committing his own dividend check on behalf of his grandchildren. I-2. City Manager No report. I-3. Attorney Graves stated that oral argument was held in Peloza v. Freas in front of the Supreme Court today. He stated the week of June 6, 1993 he will be at a school on construction litigation. He will be back on Friday. I-4. City Clerk Clerk Freas stated she would be leaving for Orlando on Friday morning to attend the International Municipal Clerks Assoc. conference for one week. She will return to the office on Tuesday, June 1. I-5. Finance Director No report. I-6. Public Works Director Kornelis reported that he talked to John Mellish, owner of RPM. He has moved over 10,000 pounds of material to the dump. Kornelis stated he looked at the premises today and that it looks much better. Kornelis pointed out information Item #3 regarding new dock rates, and Item 06 regarding the Main Street Loop traffic signal. Councilman Measles asked if sales tax is charged at the dock. Kornelis stated that sales tax is charged on top of the dock rates and for fuel. -20- KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 21 I-7. Airport Manager No report. ITEM J. DISCUBBI0�1 J-1. citizens None. J-2. Council Bookey - Asked Kornelis what was going on the old Carr's lot. Kornelis stated that something was going on involving the statewide Fire Fighters Association. Bookey stated that he feels motorists are not obeying the speed limit on the Spur Highway through Kenai. He stated that the chip trucks are travelling too fast as well. Bookey also asked Chief Morris if there is any way that there could be more patrolling by the police, especially from 6:00 to 10:00 in the evenings. Merchants are concerned because of some recent occurrences. Swarner - AML convention will be held here in Kenai November 7- 13, 1993. Tonight at the award assembly at Kenai Central High School the William Brighton Memorial Scholarship was given to Danny Cox; it was a $1,000 savings bond. Monfor - no report Measles - Will miss the next Council meeting; leaving Thursday night and returning on June 5. McComsey - Stated the City should look into the cost of putting a fence across the end of the trail in the Ryan's Creek park area. This should be done before the restoration work is done. Maybe Carr's could share the expense. Williams stated that he would like to get the new city manager over there to meet the people at Carr's. Smalley - no report -21- 7' KENAI CITY COUNCIL MEETING MINUTES MAY 19, 1993 PAGE 22 Williams - nothing further ITZK R. The meeting adjourned at 10:00 p.m. Minutes transcribed and submitted by: Sher V1. Paulsen, Acting City erk -22- 6-2 MINUTES HOARD OF ADJUSTMENT HEARING MAY 19, 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS TO ORDER - 7:00 PM MAYOR WILLIAMS: I want to thank all of you for attending this evening's meetings of the Kenai City Council. The first order of business tonight rather than the regular City Council meeting will be a board of adjustment, in which the City Council will sit as that Board, and from there we will lead into the regular meeting agenda. With that in mind, I would call to order the Kenai City Council as a board of adjustment this evening in the matter of the appeal of Johnny Jackson ruled by the Planning Commission. I think the Council has a full packet of materials in front of them for use in this case. You also have your memorandum from the city attorney regarding the administrative appeals from the Boards and Commissions. As we act here as a board of adjustment, for those who are involved in this, we will be acting more in a quasi- judicial state so, therefore, we will be accepting testimony on behalf of this particular item from both parties and anyone else who would be interested in testifying. And I must advise you that your testimony will be under oath so that anything that is said here with regards to the matter at hand will be taken under oath and may be very well be used at a later date and could be used at a later date in other proceedings that may occur. So please keep that in mind as you give your testimony, and if you have an objection to taking an oath before this Board, please state your reasons and we would confer with the attorney, of course, and come to a decision about that. So with that in mind we will open the Board of Adjustment hearing and listen from the parties' respective viewpoints as to exactly what the facts of the case will be. After they have been heard, we will close the Board of Adjustment; we will not render a decision here this evening. We have 30 days in which to render that decision. We will sit with Council, and our Council attorney will help us in making a determination; and he will render a written decision to the Council who will then either ratify or deny it within the prescribed time. So with that I would ask first of all if there are any questions from the Council with regards to this Board of Adjustment hearing. If there are no questions from Council, the next person that I would like to hear from would be either Mr. Johnny Jackson or his representative. BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 2 Please state your name for the record and your reiteration of your representation status for Mr. Jackson. WITNESS: My name is Ron Johnson. I am a real estate broker. I represent Mr. Jackson. He is out of state right now. WILLIMS: Mr. Johnson, would you follow the Clerk and please take the oath. (sworn in) WILLIAKS: Please proceed. JOHNSON: We have reviewed all the papers back to the beginning of time, and it looks to me like there is a combination of errors. Perhaps the builder overlooked the building permit requirements. There evidently was no on -site inspection. The first as -built survey indicated that there was no encroachment on the survey because there was no indication of the side lot lines on the survey. Consequently the title company didn't catch it on the first sale, and when Mr. Jackson bought it he had no reason probably to question the as -built as being any violation because he was not aware of any building set -backs because it was only recently that I got a copy of the original building permit that, yes, does show that the setbacks and side lines should have been adhered to. The original builder probably made a mistake. The engineer who did the as -built -- I'm not sure if the as -built really should have shown the setback lines. It would occur to me that the public record maybe needs to be amended so that all the sub- division plats within the City of Kenai would be no other -- nothing else done to them -- just noted on the face of the plat that the plat has been amended by ordinance because this particular plat indicates no building setback, side line setback, at all. And for the uninformed, because there is a setback on the front of the property, and there is a utility easement indicated on the property, I could see nothing wrong with this based on what I know about plats, and I am the broker. It would seem to me that the City of Kenai should make that kind of information public record or make it so it, you might say, jumps out on any survey or any title policy, because it certainly does not. WILLIAM Thank you. As a part of these proceedings, let me state also that any witnesses who are adversary to the position, may also have the right to cross examine any of the comments that BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 3 either of the parties make. But in doing so, if you choose to do that, you too must take the oath of office as well. So if there if anyone who is wanting to question what you're saying or cross- examine, that can be done at this time as well. Any comments from the City Council with regards to what Mr. Johnson just said? Council take into consideration the building permit that we have a copy of here and the setback line that is delineated on the building permit which states that the front yard should be 25 feet, the side yard should be 15, the rear yard should be 20. Council should also use the plat that Mr. Johnson has referred to. That plat clearly shows the easement in front a 25 foot building setback, but as he pointsut it does not show side or rear setbacks. However, they are called for in the building permit. JOHNSON: One of the things I would call your attention to is if the setbacks were adhered to that building couldn't have been built on that lot because the end of the building is where the driveway -- the building would have had to be redesigned. The building was designed by one of the local architects and you would have thought that he would have designed that to comply with the rules. WILLIAMS: Is there discussion from Council? Any questions from Council? MaCOMSEY: The building permit says 15 feet on the side, doesn't it? WILLIAMS: Yes, the building permit does say side yard 15 feet. MCCOMOZY: So wouldn't that be a notice that you had to have, in fact, 15 feet? WILLIAMS: I think that would probably be a part of the deliberation when we study the issue. McCOMSBY: Okay. •ILLIAMS: Is there any cross examination so far of anything Mr. Johnson has said? Is there any other testimony that you wish to present? BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 4 JOHNSON: No. Just that it occurs to me that the amount of -- this has already been done in the past. It was evidently corrected subsequent to this when there is a building site inspection requirement by ordinance after this fact. But it occurs to me that this is a compounding of errors in the past, and it's going to be very, very expensive in terms of dollars and cents to force any kind of compliance. And I don't see the actual benefit. WILLIANS: Thank you. Council is aware of the fact that Mr. Jackson who making this appeal is really an after -the -fact owner. He did not participate in construction of the building; the building was built by a previous owner. Any other comments? OK. Thank you very much for your testimony. Are there any other persons present, either as witnesses, adversaries, or interested parties, who may wish to testify at this time? Please come forward, state your name for the record, and prepare the oath. WITNESS: Hi. Marian Nelson. (sworn in) NELSON: My interest in this is that I own the property right next door. And referring a little bit to what Ron said in that this is a past sin that is now coming to haunt all of us, I recall that Dave Brown who built the house called me one day and said that he thought his house was maybe a couple of feet over the line, the setback line. And he would see if Howard, the of course building inspector, would catch it on inspection. It wasn't caught, so we let it ride. And I thought the same thing at the time, well if it's a couple of feet what difference does that make. Well now, of course, it becomes evident that he probably was referring to the fact that there is just a 214" setback as opposed to this 15' setback. The reasons for setbacks are obvious. You're all as aware of them as I am: aesthetics and so people don't build on top of one another. Here we have a case where both situations prevail. The ridge that goes through the property that makes it so attractive to build in that area is rather critical to building. That's where most people want to build if you're going to build towards the rear of the lot. That's what Dave Brown did, and of course the Jacksons have enjoyed living there since they purchased the house. My lot that sits next to it is -- if I were to build or if someone were to build on that ridge -- it makes the placement of BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 5 the house quite critical. Where it sits it would fall into some of those same problems that Ron was referring to. It would be hard to make a house fit. You would have to design it in such a way that you would have to adhere to those setbacks. In other words, it would have quite an impact on the style of the house that you built. What I an asking for is a variance in the interest of fairness. I want the same setback that he has. I'm not asking -- obviously I can't get any money out of this -- I'm not asking Jacksons for anything like that. But it does impact my lot. Anybody who wants to buy it in the future, I half to tell them that I do have this problem -- this problem exists. So I am asking for the same thing. If I would want to put a building that close for whatever reason -- the ridge maybe being the main reason -- then I want the same treatment. WILLIAMS: So what you are saying to the Council is that you would be willing to waive the setback ordinance as it applies to Mr. Jackson, if in fact you were treated identically and were given the same waiver of setback on that particular sideline. NELSON: Yes. I would venture to guess that they knew exactly what they were doing when they built that given the side -- the property length -- the measurement that's on the other side of the house as opposed to whatls on the other side closest to my lot. Anyway, that's neither here nor there. Yes, that's what I would like to have is the same setback or variance in my case. WILLIAMS: You are aware of the fact that there are other mitigating circumstances that could be investigated before you make that decision? NELSON: Would you care to inform me of those? WILLIAMS: No. (laughter) Council has one other question before it as well with regard to that particular setback, and that is the issue of the fire code. We do not know at this time whether or not the building is constructed according to the recommendation of the fire code with regard to the fire wall. It may be necessary to investigate that item further before any kind of variance could be issued. NELSON: Yes, I am aware of that. It was brought up at P&Z that that might be an issue. BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 6 AILLIAKS: Is there any cross-examination of the testimony given or any comments with regard to it? SMALLEY: Maybe one more for legal counsel. In looking at this unique request to be treated equitably and be considered for a variance of equal length, number one this is not the vehicle. The place to request that would be through Planning & Zoning. Number two, I am not sure if the code will allow giving a variance to something for an indefinite time frame, something that isn't even built, or at this point in time, planning to be built. ATTORNEY: I think you are right, Hal. There are a couple problems. One is that your variance request would have to go through P&Z as a separate agenda item and come through the chain that way. It wouldn't be appropriate for the Council to say we are going to give Mr. Jackson a variance and, in the interest of fairness, we are going to give the neighbor one, too, even though that may or may not be fair. I'm not saying either way. So that's a problem there. And there may be a problem with granting a variance when there is not a building built or planned on the lot, but we may be able to do that. I'd have to check into it a little further. AILLIAKS: All right. Thank you very much. Are there any other witnesses that wish to come forward and testify at this time? Any other witnesses at all? OK. Bringing it back to the Board of Adjustment -- Council members, are there further other items for discussion? Any questions of either of the witnesses? Any questions of the attorney or the administration? Seeing none then, we will declare the Board of Adjustment closed and we will again review all of the facts of the case and work with our attorney and render our decision within 30 days and both parties will be notified. Thank you very much. Board of Adjustment adjourned at approximately 7:20 p.m. transcribe and submitted by: sen, Acting City Clerk F- May 24, 1993 Kenai City Council City of Kenai Kenai, Alaska Dear Council Members: As the chairman of the task force formed by your body in the fall of 1992, I am interested in your intentions regarding the suggestions we have presented. Our suggestions regarding revision to the City's ordinance governing the Township Historic District, proposed changes to the boundaries of the district and suggested projects for the district were submitted for your review in January, 1993. To date, we have received no response to our work. What is particulary disturbing in this delay is that as a result of your non -participation a R/V park is now under construction in the middle of our proposed zone. As indicated by our revised ordinance governing the area, 17 R/V parks are specifically not allowed. It appears that your intention is to ignore our presentation. In addition, it appears that your focus is to accomplish exactly the opposite by promoting activities such as this R/V facility. If your wish is to ignore or destroy the atmosphere of "Old Town" we would appreciate your position be made in a straight -forward manner that all can understand. Please advise our task force of your intentions in this matter at your earliest convenience. y truly yours ^"7 �7a, James A Arness 17- / United States Department of the Interior FISH AND WILDLIFE SERVICE • 1011 E. Tudor Rd. Anchorage, Alaska 99503-6199 IN REPLY REFER TO: M Charles A. Brown Acting City Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. brown: MAY 12 W3 U.S. Fish and Wildlife Service (Service) federal regulations (50 CFR § 29.1-.22) require that an entity desiring a right-of-way over lands administered by the Service must submit an application for use. Dee Butler of my staff has informed me that the City of Kenai (City) has two unauthorized rights -of -way on U.S. Survey 1435, a Service administrative site in downtown Kenai. The offending rights -of -way are Overland Drive and a City water line paralleling the survey's southern boundary. It is my understanding that you were informed of the need to submit a permit application, that the necessary information and forms were provided to your office, and that you were informed of the ramifications of not submitting an application. In a telephone conversation on April 14, 1993, Mrs. Butler was told by you that the City does not intend to submit a permit application for the above described rights -of -way. This is to notify you that the unauthorized rights -of -way are considered to be in trespass. We do not have the authority to waive regulatory requirements for permitting rights -of -way; therefore, this matter is being referred to the Office of the Regional Solicitor for further action. If you have any questions, please contact Mrs. Butler at 786-3421. Sincerely, -� 4 .9 X&e4 Regional Director 17 City of St. Clair DATE : May 26, 1993 Mayor Williams and City Council Members Kenai, AK 99611 To: c% Kim Howard, Administrative Assistant 907-283-3014 PAX # i!TQ>MMRR OF PAGES TRARMTTED 9 FROM° Tom Manninen, City Superintendent St. Clair, MI 48079 COP M MTS % (including cover sheet) G I 1 have reviewed the City of Kenai's proposed employment agreement. 1 have signed/dated the faxed copy on May 26, 1993. The agreement'# "EFFECTIVE DATE" is July 12, 1993. if acceptable, 1 am proposing to start work on July 12, 1993 at Kenai. Please advise. Other acceptable alternate starting dates are July 26, 27, 28, 29 or 30, or August 2, 1993. Tentatively, Mayor Kuhn and I have mutually discussed a June 30, 1993 last work day in St. Clair. 1 have given a May 11, 1993 notice to the Mayor/Council of my Intent to accept the Kenai C/M position if agreement terms are acceptable. They are acceptable to me. Thank you. 1 am looking forward to a long, exciting, challenging and mutually beneficial relationship. TJM 411 Trumbull St.Clair,Michigan 48079 (313)329-7121 Te d t6iat6Z££i£ HZW13 is d0 AlI3 9£:71 Q3M 26-9Z—Auw 19AM CITY OF' KEMI 9V 283 ?014 P.3 I 5/24/93 IiQDn= AG '3=3 AGREVONT, made and entered into this Z4 day of , 1993 , by and between Us CITY OF KiNT►i , �LA$KA 0 a municipal corporation, hereinafter called "Uployer," as party of the first part, grid TROM S J . MAMN=, as party of the second part, both of who understand as follows: 11ITf�ESSs'1'R t I WHZF. 9, SaVaLoyer desires to employ the services of said Thomas J. Manninets as City Manager of the City of Kenai, as provided by the X nai Municipal, Code, XMC 1.20; and WHMREA9, it s the desire of the governing board, hereinafter called "council," to provide certain benefits, to establish certain conditions of employment, and to sat working conditions of said Employee; and WHEREAS, Employee desires to accept employment as City Manager of said City of Kenai; and WHEREAS, the parties acknowledge that Employs* is a member of the International City/County Management Association (ICMA) and that Employee is subject to the ICMA Code of Ethics; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: I' ` sactton is Duties Employer hereby a ass to employ said Thomas J, Manninen an City 11=0qor of gild employer to perform the Motione and duties specified in the jai Xunicipal Code and charter, and to perform other Sagtlly p isoible and proper duties and functions as the Council abai fro�ttime to time assign. r A. Employee agrees to remain in the exclusive employ of MMployer until July 3l, 1996, and neither to acespt other employment nor to become employed by any other employer until said termination date, unless said termination data is affected as hereinafter provided. B. In the event written notice is not given by either party to this agreement to the other 90 days prior to the termination date as hereinabove provided, this agreement shall be extended PAQI 1 • 9HPLOTMIXT AGREEMtNTi A7 108 1 d L66LGE££ T £ a I tl10 is do AiL z o Lz S T T aam £6-9Z-Aww ,- ZOAM CITr OF KD191 907 283 301s p _ 4 on the same 'terms and conditions as herein provided, all for an additional peuriod of three (3) years. Said agreement shall contia" t � tte r for theta -year periods unless either pe ty hereto +giv 4o days Uritten ridtiat to tba O%WW party that the paarty dbsa not wish to extend this agreement for an additional thrse•year term. C. Nothing in this agreement shall prevent, limit or, otherwise inter#aro with the right Of the Council to teminate the services off Employee at 'any time, � subject only to the provisions set forth it Section 3-1 of the City Charter and Section 4 ott this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere wi$h the right of the Employ" to resign at any time from his Position with ftpXcyerrs0lect only to the provision set forth in section S of this agrAdae"t. Salim _ 3 • SusveneUM Employer may suspend the lays* with full pay and benefits at any time during the term of this aunt according to the provision _ in section 3-1(b); of the city Chirtor. Sects an Tenei,pation and _sayeranc Pay In the avant Employee is terminated by the Council before expiration of the aforesaid term of employment and during such time that Employee is willinq and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment of $S00,000.00. Employee shall also be compensated for all earned leave. In the event Emp;oyes is terminated for cause or for conviction, then, in that ev „ t, Employer shall have rio obligation to pay the aggregate severadoe sum designated in the above paragraph. In the event Employee voluntarily resignm his position with Lmployer before ebcpisation of the aforesaid term of his employment, then Uployae shill give Employer two months notice in advance, unless the partigs agree oth rw se. A. Employer agrees to pay Em+ployso for his services renderad pursuant hereto an annual .base salary of $82,000.00, payable in installments at the same time as other management employees of the Employer are paid. PACE 2 - VVLOVKHT AGREEMENT �.0-d t66t6ZggZg vzulo 18 AO AIIO 82:Z1 aam £6-9Z-Aww _.20AM CITY OF KENAI 907 283 3014 P.5 I h =*byes agrees to increase said base sal B. In addition uY and/or benefits of Employee in such aMounts and to such extant as the Courictmay deter JA*,that 2t is desirable to do so on the basis of Ian annual salary review, of said mmp3oyee made at the same t�ze as similar consideration is given other employees qally. In addition, the lover shall provide Employer with a one time s gninq bonus in the ss aunt of *1E1000.00. 1 Said signing bonus shall be paid within thirty (30) days after Employee's first day of cork. I Section 7 : Performance ,ftaluatf on A. The Council 'shall review and evaluate the performance of the Employee at .east once annually in advance of the adoption of the al operatinq budget. et. Said review and evaluation shall be in accordance with specific criteria drwioped jointly by Employer and Employee. Said Criteria may be added to or deleted from as the Council may from time to time determine, in eons ultat` on with the Employes. Further, the council shall provide the byes with a summary written statement of the findings of fthe Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the council and Employee shall define such goals and performance 'objectives that they determine necessary for the proper operation of the City of Kenai and iri the attairunent of the Couneil''s policy Objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified acid the annual operating and capital budgets and appropriatia a provided. C. In effecting, the provisions of this Section, the Council and Employee moually agree to abide by the provisions of applicable lawe isection At ileum cf Work It is recognised that Employee must devote a great deal of time outside the norms, office hours to business of the Employer, and to that and EmployeeFwill be allowed to take compensatory time off as contained in KHC i23.25.060 (d) . !Section 9: Outside_ACtivities Employee shall nbt engage in teaching, consulting or other non - Employer -connected business without the prior approval of the council. Employer shall provide an automobile allowance in the amount of $400.00 per most# in lieu of a city vehicle. Employee shall be OAGR 3 - EMPLOYMEXT AORI MHMT 901d t66t6L££T£ MIU13 1S d0 A1I3 6£:TT aam £6-9Z-AUW .•21AM CITY OF KUM i responsible for paying comprehensive in�iurance, xaintenance and rmpair of 907 283 3014 P.o for liability, property damage, and and for tM purchase, opwat4on and his personal automobile. Imployea shall accrue, and have credited to his personal account, leave at the samei rats as other classified mployess of Zoployer. Unused leave time shall carry over from ytar to year as specified in Menai Municiparl Coda. Upon t inatlon, ..whether voluntary or involuntary. Citytshall compensate Uployee for all accrued leave days, said compen0 ation shall be based - on Uployee' a salary as of the data of employment termination. employee shall recsive benefits as set forth in XXC 23.10.020 (c) (lj and section V of 1aployee Handbook, except as follows. A. 'he Laployer shdll provide medical, dental, and optical health insurance eo�mrage for the Employee and his immediate family; -� the Employerwehall pay 100% of such health insurance premiums. �^ B. The Employee agrees to submit to, at the beginning of the contract period and each succeeding contract period, a complete physical by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Section l3:., He A. ftpioyer shill reimburse Uployee;up to $2#000 for one house hunting tri ; for Employea and his spouse. Employer shall also in pay up to 1000 for temporary housinq Kenai prior to a home purchase. e. Employer shall reside in the city limits of Kenai as outlined in the Xanal Municipal charter. faployer agrees to budget for and to pay for professional dues and subscriptions ot'tuployee necessary for his Continuation and full participation in '�ational, regional, st;ats, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Employer. ctiar 13_:— Prof ass iona_1__Dw A. Employer he `®by agrees to budget for and to pay for travel and subsistence F sxpenses of Rmployea as set forth in XXC 23.30.110 four professional and official travel, meetings, and occasions adequate to teontinue the professional development of Employee and to ad teiy pursue necessary official functions for Employer, neluding but not limited to the ICMA Annual _ r�ss • - 11VlOVMiMt AG�ttMLMT L@ d L66L6Z££T£ 2llti-10 1S AO A1I3 6£: T T a3M £6-9Z—Atow .•'ZM CITY OF KUPI 907 293 3014 P.7 Conference, a state league of municipalities, and such other national, regional'state, and local gover=ent groups and aovskitta" thereof which Mp44Pyes servos as a member. H. =istence ayer als1 agrees to budget for and to pay for travel acid expenses of.p Employee for short courses, - - inotitLttes, and s"mars that are necessary for his o moianait del quent.d for the good of the Employer as e Nk"lan ls: DoWing Employer shall boar the full cost of any fidelity or other bonds required of the *ploy** under any law or ordinance. . A. The Couricilj in consultation with the manager, shall fix any such other terms and conditions of employment, a$ it may determine f om time to time, relating to the performance of Employee, #rov14ad stuff terms and conditions are not inconsist4int with or in conflict with the provisions cif this agreement, the Kenai choxter, municipal code, or any other law. I. a. All provisions of the Kenai charter and code, and regulations _ and rules or the Employer relating to leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other classified employees of Employer, in addition to said benefits enumerated ipecifically for the benefit of Employee except as herein' pruvfded. Sep try ion-18 : No Rsdug1 on _aL B,gnnlita Employer shall n�t at any time during the term of this agreement -- reduoe the sale , compensation or other financial benefits of amployee, except to the degqrrse of such a reduction across-the-board - for all employset at the gmployer. ISae-tion191�General Provisions A. The text herein shall constitute the entire agreement between - - the partieft a, This agreement shall be binding upon both the City and its successors Rand inure to the benefit of the heirs at law and executors df Employee. C. This agr�iemsr►t shall become effective commencing its- J Z 1' , 19 Imo, D. If any provision, or any portion thereof, contained in this -- agreement Is held unconstitutional, invalid or unenforceable, I r PAGI S - EMPLOTMIN? AGOGIN ENT 80 -d t6446Z££t£ aiwi3 is Aa AiI3 0i: L i a3M £6-9Z-Aum ZZgM CITY OF KENAI 907 ZS3 3014 P,a i the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain its force and ef4eat. IN WIMS8 siiSAiO , the City of Kenai has caused this agreement to be signed and exeOutsd in its behalf by its Actinq City Manager, and duly atteby its City Clerk, and the Zxployee has signed and executed thisiagrsement, both in duplicate, the day and year first above wxittan. CITY or XEXAI Acting alty Manager ATTESTS --Carol L. Freas, city Clark (Seal) I A:PPROVW As TO FORM: a it. 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N O O p p m m s� wC 17 ba o. p Yp7 e�M4 Q can1 1"1 w 0RM m Op Cl, ►�eqq+ $O A was Ir. C�Ii p r O M TO: Mayor and Council City of Kenai FROM: Carol L. Freas, City lerk City of Kenai DATE: May 28, 1993 RE: RWAX MUNICIPAL CODE A year ago, I presented an ordinance to council to amend the Code in regard to vehicles -for -hire (cabs). At that time, the cab company owners were unhappy with the proposed insurance requirements and other portions of the code. Many of their complaints were of portions already in place and part of the code for some time. The ordinance failed. Mayor Williams, cab company representatives, City Attorney Graves and I met and briefly discussed the proposed ordinance. It was decided that the cab company owners would meet, review the ordinance, and present changes to the city. Nothing was ever received from the cab companies. Cab permits will need to be renewed by July 1. Cab companies are required to have their sales taxes paid prior to the issuance of a new permit. The puzzle of whether the company drivers are employees or are contracted (in order to determine who should pay their sales tax) remains unsolved. clf 1 7 Suggested By: City Clerk CITY OF RENAI ORDINANCE NO. IS46-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, CHAPTER 20.05 ENTITLED, "VEHICLES - FOR -HIRE." WHEREAS, the City of Kenai desires to better define the requirements for licensing for vehicles -for -hire which operate within the City of Kenai; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 20.05 is amended as delineated on "Attachment A," which is attached hereto and made a part of this document. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1993. ATTEST: Carol L. Freas, City Clerk John J. Williams, Mayor Introduced: June 2, 1993 Adopted: June 16, 1993 Effective: July 16, 1993 �gzlr�`zjfoojt �4M Chapters: Chapter 20.05 Sections: 20.05.010 Definitions. 20.05.020 License Required. 20.05.030 License. 20.05.040 License Plates and Numbers. 20.05.050 License Fees. 20.05.060 Taxicab Cards and Rates. 20.05.070 Passenger Vehicles for Hire. 20.05.080 Public Liability Insurance. 20.05.090 Passenger Vehicles for Hire Rates to be Computed. 20.05.100 Charter. 20.05.110 Penalty. 20.05.010 Definitions: Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section: (1) "Passenger Vehicle for Hire," or "Vehicle" means a motor -driven passenger vehicle which is offered for public hire[.} of which any part of the vehicle trip is within the City limits of Kenai. (2) "Driver" shall mean and include any person who drives a Passenger Vehicle -for -Hire, whether such person be the owner of such Passenger Vehicle -for -Hire or be employed by such a company. (3) "Company" shall mean and include any person owning or having control of the use of one or more Passenger Vehicle -for -Hire used for hire upon the streets or engaged in the business of operating a Passenger Vehicle -for -Hire within the City. (4) "Stand" shall mean and include any place along the curb, street, or elsewhere which is exclusively reserved by the City for the use of Passenger Vehicles -for -Hire. (5) "Persons" shall mean and include one or more persons of either sex, natural persons, corporations, partnerships, and associations. 17 ATTACHMENT A - PAGE 1 OF 4 20.05.020 License Reggired: To operate a Passenger Vehicle -for -Hire within the City limits, a company shall first obtain a license therefore by applying annually in writing to the City Clerk. Each applicant for a license shall apply upon a form provided by the City and conform to the following: (a) Be a citizen of the United States. (b) Be of the age of nineteen.years, or a duly qualified corporation. (c) File a statement describing each vehicle to be so licensed, giving: (1) Full name and address of the legal owner of the vehicle. (2) The class and passenger -carrying capacity of the vehicle. (3) The length of time the vehicle has been in use. (4) The make of the vehicle. (5) The engine number. (6) The serial number. (7) The State license number. (8) Whether said vehicle is leased, licensed, or under any form of contract. (9) What person, firm, or corporation collects the revenues from the operation of said vehicle and pays the expenses of operating the same. L M Legal owner of vehicle -for -hire company. [(10)] (11) [PROOF] Certificate of vehicle insurance. 1121 Certificate of Workmen's Compensation Insurance = Copy of Alaska Business License. (14) Kenai Peninsula Borough Sales Tax Number. 20.05.030 License: Upon receipt of the above information, and payment of the required fee, the City Clerk shall issue a license. The license may not be transferred. 20.05.040 License Plates and Numbers: (a) Each licensed vehicle shall have attached to its front windshield on the left- hand corner, a sticker beariM the license number of the vehicle and proper descriptive words, including the year for which the license was issued, by displaying the same on the windshield of the vehicle. Windshield stickers are distributed by the City Clerk and cannot be transferred. (b) Every vehicle accepting business from points originating within this municipality shall have [SOME] the designation of the character of the vehicle, as indicated on the license required under KMC 20.05.020. affixed or painted in plain visible letters on each side thereof. 20.05.050 License Fees: The license for an additional vehicle treasury the sum set forth below. ATTACHMENT A - PAGE 2 OF 4 applicant for a license, or shall pay into the City (a) A licensee shall pay a license fee of $250 per year which shall entitle said operator to one Passenger Vehicle -for - Hire. (b) In the event a licensee is licensed for more than one vehicle, then he shall pay $100 per year for each additional vehicle so authorized. (c) All licenses shall be for the term of [JUNE 30th] July ist of one year until (JULY 1ST] June 30th of the following year, or any segment thereof. (d) All taxes and other obligations due to the City and Borough must be current prior to license renewal. (g,)_ Licenses cannot be transferred and license fees cannot be pro -rat 20.05.060 Passenger Vehicles -for -Hire Cards and Rates: The operator of any Passenger Vehicle -for -Hire shall display inside the vehicle a card legible to a customer seated in the rearmost seat stating the license numbers, the maximum rates of fare, and a notice that any article left in the Passenger Vehicle -for -Hire must be returned to the City offices, where it may be identified and claimed. 20.05.070 Passenger Vehicles -for -Hire: Passenger Vehicles - for -Hire shall be parked at stands so designated for that purpose from time to time by the City Manager. No driver shall solicit passengers as fares. No driver shall dismount from his Passenger Vehicle -for -Hire at any time for the purpose of soliciting passengers, provided that this shall not prohibit any driver from assisting a passenger entering or dismounting from a vehicle. Only licensed vehicles shall be permitted to park at any stand. 20.05.080 Public Liability Insurance: An operator shall file with the City Clerk evidence of insurance certifying the operator insured for liability for damages on account of bodily injury or death, or for damages to property resulting from the ownership, maintenance, or use of any Passenger Vehicles -for - Hire. The limit of such insurance policy shall not be less than $300,000 for combined single limit for all bodily injury, death, or property damage arising from one accident and $100,000 for all persons injured or dead in any one accident caused by an uninsured motorist. Such policy shall be endorsed to give the City thirty (30) days' written notice of expiration or cancellation. 20.05.090 Passencrer__Vehi es -for -Hire Rates to The company shall meter all calls. The meters shall be the type or types commonly used throughout the United States. Inspection of such fares shall be monitored and approved by the State of Alaska, Division of Weights and Measures. No Vehicle -for -Hire shall be operated unless it is equipped with a meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. Upon ATTACHMENT A - PAGE 3 OF 4 paying his fare, each passenger making a request therefore shall be given a receipt showing the amount so paid and the name of the company or persons operating the Passenger Vehicle -for -Hire, together with the number of the vehicle if such company or person operates more than one Passenger Vehicle -for -Hire in the City. 20.05.100 Charter: Notwithstanding any provision contained in this chapter, nothing shall preclude negotiated charter rates between a licensee and a customer provided said arrangements are entered into at least three hours prior to transport being rendered and reduced to writing prior to transport. Vehicles operating under charter need not be metered. 20.05.110 Penalty: Any person violating any provisions of this chapter shall be guilty of a violation and shall upon conviction thereof be punished as provided for violations in KMC 13.05010. ATTACHMENT A - PAGE 4 OF 4 N- I Suggested by: Council City of Kenai NO. 1547-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 7.12 TO PROVIDE FOR MONTHLY FILINGS OF HOTEL/MOTEL ROOM TAX RETURNS FOR CERTAIN DELINQUENT ACCOUNTS. WHEREAS, the existing City Code specifies that Hotel/Motel Room Tax Returns and payments shall be submitted quarterly; and WHEREAS, the City believes that delinquent returns and payments should result in monthly filings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 7.12.030 and 7.12.040 be amended as follows: 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 i 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 receipt. (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 who are current in hotel/motel room tax filings and pavm2ats, shall prepare and submit a return furnished by the City for the preceding quarter to the Finance Department of the City. Operators who have either failed to file a valid hotel/motel room tax return or pay the related tax by the above due date. and have failed to cure the delinquency within ten days after written notice is sent by regular mail by the City, shall be required to file returns monthly for six months. Monthly returns are due on or before the last day of the following month. In addition, the operator may be required to submit such books and Ordinance No. 1547-93 Page Two 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. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 2, 1993 Adopted: June 16, 1993 Effective: July 16, 1993 Approved by Finance: C s,j (5/25/93) kl (10 1 Suggested by: Administration CITY OF KENAI NO. IS48-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT A PORTION OF THE SOUTHEAST 1/4, SECTION 36, T6N, R12W, S.M. (A 200' STRIP ALONG EVERGREEN STREET AS SHOWN ON THE ATTACHED MAP), CITY -OWNED LANDS, IS NOT REQUIRED FOR PUBLIC USE AND MAY BE SOLD. WHEREAS, KMC 22.05.010, .030, AND .050 require that the Council shall determine whether certain City -owned properties are needed for a public purpose, and WHEREAS, KMC 22.05.010 states "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose.", and WHEREAS, the Kenai Planning and Zoning Commission has reviewed Exhibit A and has determined that the property is not needed for a public purpose, and recommends the property be made available for sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a portion of the Southeast 1/4, Section 36, T6N, R12W, S.M. (A 200' strip along Evergreen Street as shown on the attached map), city -owned lands, is not required for public use and may be sold. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. ATTEST: Carol Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: June 2, 1993 Second Reading: June 16, 1993 Effective Date: July 16, 1993 p 3 MMAXR ST. • _ =� co r a> A rn 7 two M wr�t•s �►r Suggested by: (:ounce CITY OF KENAI ORDINANCE NO. 1549-93 AN ORDINANCE OF THE COUNCIL OF THE: CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE 14.20.150 TO INCLUDE REVOCATION OF CONDITIONAL USE PERMITS. WHEREAS, the Council of the City of Kenai believes that holders of conditional use permits should comply with all provisions of the municipal code; and WHEREAS, the Council of the City of Kenai believes that failure to comply with the Kenai Municipal Code should be grounds for revocation of conditional use permits; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.150 be amended as follows: 14.20.150 Conditional Uses: (a) Intent: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met. Before a �^ conditional use permit may be granted, the procedures specified in this chapter must be followed. (Ord.1504-92) (b) Conditional Uses in All Zones: (1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; [ii] Such uses must be in harmony with the intent of the zone. (2) Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted together with the necessary buildings and apparatus, provided that the following conditions are met: [i] The benefits to the City in terms of economic development must outweigh any adverse effects on adjoining properties; [ii] A sight -obscuring fence or uncleared buffer strip of good appearance acceptable to the Commission shall be provided between such uses and all adjoining residential zones and all adjoining public rights -of -way. (3) Surface extraction of natural resources may be permitted provided that the standards are met and the procedures set out in this chapter are followed. The usual procedures for conditional use permits contained in this chapter shall not be applicable to conditional use permits for the surface extraction of natural resources. (c) Procedure: (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. '� [i] Application shall contain the following data with respect to the property and the applicant: (A) Legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) A non-refundable deposit/advertising fee of $100.00. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances has not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. (Ord. 925, 987, 1460) (d) Revocation: (1) The Planning, & Zoning Commission. after public notifigWon and hearing, may revoke a conditional use hermit if it finds the permit holder has violated a provision of heKMAj, M1nicipW Code. WdMdjqg but not limited to the provisions in Title 7_A decision by the ComMjAsion on MMCAfiomay be aWcaled to the Hoard of Adjustmnj pursuant to KMC 14,20,290, (2)_A jerson whose conditional use permit is revoked under this section may re 01y fofor_a permit under KMC 14.20. The Planning & Zoning Commission or Board of Adjustment may consider the prior revocation when determining whether to gmt the new conditional use Rmit. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 91993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: June 2, 1993 Adopted: June 16, 1993 Effective: July 16, 1993 (5/27/93) H - � 217 Second Street, Suite 200 ■ Juneau, Alaska 99801 ■ Tel (907)586-1325, Fax (907)463-5480 May 19, 1993 The Honorable Betty Glick Assembly President Kenai Peninsula Borough 144 N. Binkley Soldotna, Alaska 99669 The Honorable John Williams, Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 The Honorable William Reeder, Mayor City of Soldotna 177 North Birch Soldotna, Alaska 99669. Dear President Glick, Mayor Williams, and Mayor Reeder: As you know, the Board of Directors of the Alaska Municipal League, meeting in Juneau in April, accepted your invitation to hold the 43rd Annual AML Local Government Conference (and related activities) in the Kenai/Soldotna area this November. The League and its members are looking forward to being guests of the Borough and the Cities of Kenai and Soldotna during, the Local Government Conference Week, scheduled for Sunday, November 7, through Saturday, November 13, 1993. The League staff and I want to work closely with you and your municipal staffs and community volunteers to make this conference, your first outside a major metropolitan area in many years, one of our best ever. Your proposal shows your commitment to a high - quality conference and experience on the Peninsula for ail, and I look forward to working with you. I know from past experience, however, that there is a lot of work to be done, and that November comes quickly, so we need to get a quick start on arrangements. I have a whole list of questions and issues for further discussion, and I also want to clarify in writing the responsibilities of the host municipality. First, I am writing to ask that you appoint a Conference Liaison to work directly with Chrystal Smith, AML Conference Coordinator, on conference planning and operation. As you know, the liaison needs to be authorized to act on behalf of the host municipalities and to make day-to-day decisions involving municipal resources. I know that you have appointed a conference planning committee and subcommittees to oversee various aspects of the conference — Chrystal will need to understand that responsibility breakdown and structure, but will have to have a central person to work with. Insofar as possible, all communications to and from the League should go through that person and Chrystal to avoid miscommunication. Member of the National League of Cities and the National Association of Counties K M9-Sokk*ia Conference Hosts May 19, 190.9 page 2 Second, a list of questions/requests/comments - 1. We need to schedule a site visit so that ChrysW and I can see the proposed facilities (including motels and meeting rooms), meet with the local coordinators, and 'get a handle' on what the challenges and possibilities wiN be. We should plan to schedule at least a couple of (very full) days for this trip. I would Nke to do it as soon as possible, before we begin conference publicity. Tentatively, we will plan on June 15-18 for a visit as I discussed earlier with John Torgerson. Hopefully, your convention and visitors bureau will be able to arrange some complimentary air transportation or housing. 2. Who will be making contacts with motels/hotels to arrange for room blocks, conference rates, and complimentary rooms? Normally we do this, but something John said made us think your committee was phmning to handle this. We should talk about the pros and cons of each approach. If we are to handle it, please provide us with a list of the managers of each facility identified in your proposal. Please note that we will need a number of complimentary rooms for our staff and for guest speakers. 3. Related to #2, are you planning to have a housing bureau, or will delegates make hotel reservations directly with the hotels? As you know, usually AML delegates handle their own reservations, but with the large number of small faculties we are dealing with, and their geographic dispersion, having people indicate their preference and then assigning them to a facility may work out better. Another topic for discussion. 4. Also for discussion - do you plan to ask for special rates and complimentary cars from the automobile rental companies? We did discuss that we would probably not name 'an official agency" for this conference, but we should try to get discount rates and staff automobiles. Again, this is something we normally do and we will be glad to handle if you wish. Please give us the names of contact persons with each area rental car agency. 5. Information we will need before we can go much further - a) a map of the Kenai/Soldotna area with hotels and proposed meeting facilities marked on it; and b) a "Ian for the Carr's Center and your suggestions for how the space might be used. 6. Other things we will need - a) photos (both color and black and white) for conference publicity (including promotional flyer and newsletter articles) as soon as possible and b) a newsletter article for publication In The Touchstone in August (copy deadline July 15). 7. As you begin talking with companies in Anchorage about table and chair rental, please keep in mind that we will also need to rent exhibit booths (the pipe and drape kind). AML is responsible for this expense, of course, but it may be that we can save some on transportation M we end up renting all this equipment from the same place. Each exhibit booth will also need a table and 2 chairs (at your expense). Kenai-Soldotna C4n%rwm Hoe May 19, 1993 page 3 Third, I have attached a copy of the list entitled 'Host ftequkerneMs for the Alaska Municipal League Annual Corderonce,' which you saw earlier. it outlines wiwd the host municipaliftwes3cp9pW to prcwtde, and I will disouss -each point In moire d* Wi below to help you and your SW preps to Seem 1hs league wltll'thls major Uodsr wft. 2. F - Although the Local Government Conference belt Is November 10-12, as you know associated activities and meetings (association meetings, training sessksns, Board and AML/JIA meednge etc.) *0 occur from &1nday, November 7, through Saturday, November 13. Faol�s nssdad fbr this; include hotel rooms, 9 rooms, and Wpport services. So spedflorttaelow. AN requeate for meeting rooms, function scheduling, etc., r-lam t come through the League. Please refer those with requeses to Chrystal and do not let your local coMmltteo''sdwxk o Miss without di mood with hor. 3. Hole F Wes -Your invitation included Wdbrmatlon on the hobis/motels In the area and you also indicated that some bed and brae ldaMs rnight be available should we need them. As mentioned above, we need to det*b who will block the rooms, arrange rates and complimentary rooms, and make reservaWn s. Although AML does not usually use the 'housing bureau" approach, it may be more convenient to do so this year. 4. Transportation - As you know, transportation will be of ultimate importance for this conference. I know that your planning committee has already started working on this. Transportation to and from sessions and conference events is the responsibility of the hosts. We can Nvalk through" the situation in terms of specific needs during our site visit. S. Miming Spam - Coordinating the meeting space, especially for the pre -conference events, will be critical to making the week run smoothly. One of the reasons Chrystal and I want to come soon for a site visit is to get a fuller understanding of the meeting space and Its relation to motoWhotels. The AML staff will coordinate Me use of the space and work with your local arrangements committee to make best use of the available options for pre-oonfsrence and conference events, Including exhibits and social functions. Please make sure that all motel meeting and banquet facilities as well as municipal meeting rooms (council and assembly chambers, library meeting rooms, Biosntermial Bulldng, etc.) are held for possible use for conference -related activities throughout the week. Meeting facilities for Conference Week, including tables, chairs, podiums, and sound systems, are to be provided 'at no cost to the League.' Space will be needed for an on -site AML staff and delegate office. We will have to be able to kxec the oflloe. S. Banquet Facilities - We will need space for the annual banquet and the three conference luncheons, at which we serve 400.450 people. I know that the conference planning committee has suggested that the luncheons be held In a KAnai-Sokk*w Conference hosts May 19, 1993 page 4 " portion of tha old grocery store space and that the banquet be held at the Sports Carder in Soidot W We WIN need information on c;aiering Arms that might be interested In this bps, as well as In providing cope service throwout the conference. AML staff will be responsible for negotiating for and seiec *V mule. 7.Staff: a. You an responsible for providing three people to stuff packets Monday NavWnbar aA will provide the packets). Included in the pa* is YA be fhe. AML program and other conference materials as well as Wtv" ter Kenai/ okkotna Marled you wish to inckxN (e.g., maps, tourist IrOrmation, kwitatlons, 9ft W. - all optional). You will be responsible for assembling all the Kw ok**m materials to be planed In the conference packets or made avallabie to delegates at a table in the exhibit area b. You are responsible for providing one person to work with AML staff at the regiet **m desk them Tuesday, November 9, dwough the and of the co do fee .9n Fdday r ftht, Nove nber 12 If at all possible, the same pww ,should be assigned for the entire time to ensure continuity in conference operations. C. In addition, you are responsible for providing additional staff to help with rsgisaustlon, as follows: - one person Tuesday aftemoon - one person all day Wednesday - one person all dal Thursday, and - one person Friday morning Other host municipalities have used municipal staff, community volunteers, senior, citizens, and visitor and convention center staff. It is much more convenient and of iciant if each person stays at least one full day so additional training time Is not required. d. The host municipalities will need to provide staff to help with typing the policy statement and, resolutions. This is a major work responsibility and crud to good policy development and the success of the conference. It wM involve work prior to the conference and the whole day and evening of Thursday, November 11. Before the conference, your staff will need to put the draft policy statement and resolutions on available and accessible word processing equipment. Thursday morning, afternoon, and evening of the conference, at least two staff persons avvferably three) wlll be needed to incorporate changes made during the policy sections and the resolutions committee meeting. The draft policy statement will be available some time In October — In hard copy and on IBM WordpedW &I diskette — for you to put on KenakSoldOtna Conference F�Oets May 19, 103 page 5 your nmu ft m. Amendmer>ts made to it during the policy sections will need to be added to it on Thursday morning, afternoon, and awning during the conference. The deadline for resolutions to be submitted prior to the conference is October 1, and we should have most of Them ready by the third week In October to trareriMt to your staff (on WVdnalperfsc , 5.1 disk) so they can transfer ton to your word processing equli mertt. Arrnsndmertttt to these reioiuft s by the policy sections and the resolutions committee will need to be made after the oomirnifte finishes ft work We Thursday afernoon. Other resolutions, those presented for the first time during the conference, will need to be entered on the word prooeseing equipment Thursday. The resolutions and policy statement must be flnsitsed Thursday evening, and 175 copies of each document must be printed and ready for distribution by 10:00 a.m. on Friday so that the delegates can review them prior to the Friday noon business meeting. The cost of printing theses documents is also your responsibility. After the conference Is over, your staff will need to provide A►NL with these documents in WordPerfect 5.1. These tasks involve a lot of work and late hours, and it is Imperative that staff members signed to them are competent, skilled on the equipment and software being used, avaNable to work until the job Is completed, and flexible enough to take In stride the somewhat headc nature of this work. a. At a minimum two simple correcting typewriters (e.g., IBM Seiectric type — something that will be easy for anyone to use without reading a manuaq. Two IBM-compatible computers with a laser printer would be preferable. These will be used In the on -site staff and delegate off oo for typing letters and resolutions. b. One small copy machine (with legal -size and letter -size paper trays; uncomplicated; automatic feed and oollating capabilities preferred). C. Three portable tape recorders. d. One portable bulletin board for use as message board. e. Telephones for the registration area and for the office area (three minimum; intercom connections between registration area and offices preferred). f. Overhead projectors, a carousel silos projector, picture screens, and VCRs and monitors, If needed for the program. Kenalsoldotna Conference Hosts May 19, 1993 page 6 g. Sound systems for any meeting rooms, that. will need them to allow full participation by delegates. h. Skirted head tables for all conference sessions. We must have all equipment In, place and in operating condition by noon on Tuesday, November 9. In past yeen, IBM, Xeerox, and/or an oft* supply store have loaned office equipment In exchange for publicity in the program. a. a Nag ceremony for the opening session, scheduled for Wednesday, November 10, 9:30 a.m. You will be responsible for arranging this In time for It to be lieted in the program; b. people to give invocations at the opening ceremony and at meal functions, Including luncheons on Wednesday, November 10, and Thursday, November 11, and the banquet on Friday, November 12 You will be responsible for arranging this In time for their names to be fisted In the program; and C. entertainment at various furx4ons (including musicians, bands, dancers, thespians, etc.). AML will handle booking the entertainment, but help and suggestions of local talent are welcomod. 10. Conference Program - The host municipality Is responsible for having the conference program typeset and printed. The host municipalities can sell advertising to dellray costs; however, usually they lust pay the whole cost it is your choice, as are the design of the cover, paper stock, color, etc. We provide the program text, 9**pt for the mayor's welcome page. We will need at least 5a cophn of the per• We will need to know the cutoff date (please negotiate as late a date as possible with the printer) to provide you with final copy. In previous years we have provided the copy on a WordpeKfect 5.1 diskette so that all that had to be done was to format the material in a desktop publishing program. it has been our experience that this Is an efficient way to produce the program, because It reduces the time to enter the document and proof it, but that it stiY takes a fair amount of formatting and printing time. As we get closer to the conference date, we should discuss with your conference liaison whether it would be possible to use this approach once again this year. For the past several years, host municipalities have also had 300.400 mini - programs oust a schedule, with no detafis) printed and made available at the hotels for those attending pre-conferenos activities. These have been well received. I have included copies of last year's program and mini -program for your Information. Kenai-Sokk*w Conbmw as HOsts May 19, 1993 i page 7 I R • 1 • • • s p . e • • • • - !. M "I _ •�1 ♦• •.all. _I• L r•1J • II: .:. •1'.Fl •.: • • • r • . • r r • • • • • . •.: •-T-777a I hope this helps as far as what is expected of the host munidpailty. Please Not us know who the conference liaison is as soon as possible so that we can begin to coordinate our planning with yours and ,work W details for a she visit• ChrysW will be, *A q[ Own for a week and then b#A* In Me 911111ce Am 1 - pwhWs wwshOW scho" a.10lecaoWerence after that time to discuss some of the questions we have posed. Many thanks for your support and your enthusiasm. Please call if you have any questions. Sincerely, Kent E. Swisher Executive Director Enclosures cc: Mayor Don Gilman John Torgerson, Soldotna Chamber of Commerce Ron Malston, Kenai Chamber of Commerce Rich Underkafer, SokkAna City Manager 1. The host municipality must be a member in good standing of the League (dues paid). 2. Facilities necessary for has" the conference and pre-0orferertoe activities must be available from Widsy to Sunday ;&AV to second lull week In N"mber. 3. The host municipality must have a minimum of 400 hotel rooms (75 doubles) within .making Oft" of the conference meeting rooms, 0 ft host must provide adequate and reasoni b free transit service lhoM area hotels to the conferentw meeting rooms during the conference, including aN pro- onnferenoe activides (see #2). 4. Meeting space must be avell", at no cost to the League, for a minimum of 450 delegates during gw*rai sessions and meals. In addition, indevidud meeting rooms for up to ten simultaneous meetings, ranging in size from 15 to 200 delegates, must be available during the conference week. On -site offte space shall also be provided for League staff. S. The host Municipality must provide exhibit space and a reasonable amount of equipment, e.g., table and chairs, power, etc., for both the me" and exhibit spaces. 6. Banquet facilities must be available to accommodate 450 guests. 7. The host municipality must supply local staff, telephones, copiers, equipment, and supplies to assist the AML staff in carrying out the various functions of a successful conference (registration, packet assembly, word processing, copying, and workshop presentations, etc.). 8. The host city is responsible for preparing conference programs and mini -programs prior to the conference and, during the conference, for preparing the annual business meeting material, specifically the policy statement and resolutions (this requires evening and weekend access to word processing equipment and a large volume copier, as well as staff). 9. The host municipality must appoint a staff person as a liaison between the League and the host municipality. This person will assist the AML staff with conference planning and during the conference. 10. The host municipality is responsible for hosting one evening reception for conference delegates. 11. The host municipality is responsible for obtaining local materials for the conference packet (local maps, events calendars, brochures, general information, small gift, etc.) if it wants to provide two to delegates. C3:hostlhost".92 Approved by Board, AprN 30, IM Suggested By: Planning & Zoning Commission l� r! CITY OF 92W ORDINANCE NO. 1550-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR A PORTION OF THE SE 1/4, SECTION 36, T6N, R11W, S.M. (A 200 FOOT STRIP ALONG EVERGREEN STREET). WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and, WHEREAS, the Official City of Kenai Zoning Map depicts lands described as a portion of the SE 1/4, Section 36, T6N, R11W, S.M. as presently zoned Rural Residential (RR); and, WHEREAS, the City of Kenai desires to render the entire area one zone; and, WHEREAS, the proposed zoning designation is Suburban Residential 1 (RS1); and, WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on May 26, 1993 and as a result of that public hearing recommend approval of the proposed amendment to the Suburban Residential 1 (RS1) zoning designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Subject properties of those lands depicted in Exhibit A described as a portion of the SE 1/4, Section 36, T6N, RI IW, S.M. (a 200 foot strip along Evergreen Street as shown on attached map) are hereby amended to Suburban Residential 1 (RS1). Section 2. That the official zoning map of the City of Kenai be amended in accordance with this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of June 16th, 1993. ATTEST: Carol L. Frees, City Clerk John J. Williams, Mayor First Reading: June 2, 1993 Second Reading: June 16, 1993 Effective Date: July 16, 1993 AW 001, ;011 ;01 iAML ompd U 1i® r, 17:1 KENAI SPUR Hwy now 4 A Ino Ila g OR 1791- IMI CITY OF KENAI %--vd 62dpdai 4 44w"„ 210 ROALOO KENAI, ALASKA 99811 TNJDVHONEM-?M FAX 907-283-3014 REZONING APPLICATION ......................................................... . PETITIOAiER CITY OF KENAI ADDRESS 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 PHONE 283-7933 LEGAL DESCRIPTION A portion of the SE 1 /4, Section 36, T6N, R11W, S.M. (a 200 ft. strip along Evergreen Street as shown on attached map) PRESENT ZONE Rural Residential (RR) PROPOSED ZONE Suburban Residential (RS) Intended Use and/or Reason for Rezoning: To develop medium density residential lots Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE $= THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. At Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. Rezoning Application Page 2 2. Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. 3. A Public Notification and Hearing is required before the T� issuance of this permit. A $200.00 non-refundable deposit/advertising and administrative services fee is required to cover these notification 'costs. 4. A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signature ATTEST: Loretta Harvey, Secretary REZONING CHECKLIST: X_ a. MAP 41 b. SIGNATURES /►A C. DEPOSIT/ADVERTISING d. APPLICATION FORM OR FEE ($100) LETTER CHAIRPERSON 1791-1881 CITY OF KENAI G'apdal 4 44"„ M NULoo Mm' M."" M11 TEL04 ME M . 75M FAX 907-2W-W14 STAFF REPORT TO: P & Z Com aiss ion ::NWAREDBit :. La:. Shot Harve . DATE:. M# 13;_; 1993;'; RBt3LUTION N0, , PE 9:3-20 APPLICAM: City of Kenai 210 Fidalqo, suite 200 Kenai, Alaska 99611 Iteguested Action Rezoning :Description: A portion of the SE 1/4, Section 36, T6N, R11W, S.M. Present Zbnin Rural Residential (RR) .!��Proposed Zoning - Suburban Residential (RS) Current Land:Use Medium Density Residential The proposed rezone will allow the City to develop a strip of medium density residential lots along Evergreen Street. These lots will be sold by the City to help offset paving costs of the adjacent streets. The current land use designation is medium density residential. Staff recommends approval. ATTACMUMITs: 1. Resolution PZ 93-20 2. Application 3. Map CITY OF KIM= PLIMIXN i AND S M Ir O C0=X88IOX R880LDTIOM Ps 93-20 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RBCODING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED (MBOMMA) SUBMITTED BY CITY OF KENAI (Applicant) (Legal Description) WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential (RR) 2. The present land use plan designation of the subject property is Medium residential 3. The propose tZONING DISTRICT) for the ,affect rapis !U%) bum6ina- ( Qc-,,- U I P 4. An appropriate public hearing as required has been conducted by the Commission on May 26, 1993 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Plan oninq Commission of the City of Kenai that the petitioned "Mani=) is hereby recom vended to the Kenai City Council. pw PASOND by the Planning and Zoning Commission of the City of Kenai, Alaska, this 26th day of May , 1993. VWTEI -a, WWATE! LWIMAKInema im-'e, �'4. A Tioln ATT T: P ann nq Secretary RAMMED KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 6 MOTION AND VOTE: Goocice made a MOTION to move to have a seQmatieon of these two items. Bannock Second. Bryson Discussion on approval of the catering. Wallmr I call for a question on that one. Bryson Any further discussion. Vote: Bannock - yes, Bryson - no, Goecloe - yes, McComsey -no, Wall= - yes. Bryson Motion fails due to lack of quorum. MOTION AND VOTE: Bryson The second issue is the fine dining proposal. Discussion... No discussion, call for vote. Vote: Bannock - no, Bryson - no, Goecim - no, Mc:Comsey -no, Walker - no. Bryson The second half of the motion failed. For the information of the applicant, they have I believe 30 days to appeal this decision. If the applicant wishes to appeal this decision they can contact the City Administration to find out the appropriate procedure. Chairman Bryson requested a five minute recess. b. Resolution PZ 93-20: Evergreen Re -Zone Bryson Staff report please. La Shot I mentioned to you at the last meeting that the City is in the beginning stages of possibly doing a project in the area north of the Spur Highway and west of Forest Drive. It's proposed that this project pave all the gravel streets in that area. The project was initiated by residents in that area by a petition to form an assessment district whereby the adjoining property owners would pay 25 % and the city would pay 75 % of the improvements. In the process of the administration looking at the possibilities of this project we decided to consider subdividing some city lands bordering Evergreen Street. At this time we have water and sewer lines in that street, it would be a simple matter to stub out service lines to potential lots before the paving takes place. Also by selling the lots the city would be able to recoup some of the 75 % that the general KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 7 fund would be paying for on this project. In order to do this we have to rezone from the present rural residential zone to a suburban residential zone. All of this may be moot, depending on what council decides to do with the project. The portion that's RR now is bounded by the Spur, Evergreen and Redoubt, with exception of one square there. Normally it's been fairly routine to rezone a RR to RS when water and sewer is present. The minimum lot size then can go down because you don't have to accommodate water and sewer systems. The adjacent zone is also RS. Any questions? Bryson Any questions at this time? At this point I would like to open this resolution to the public for comment, is there anyone that would like to speak? "PUBLIC HEARING - VERBATIM** Nancy Gourley I live at 1802 4th Avenue which is evidently further than 300' away because I didn't get notice of this. I am, realizing the reasoning behind the rezoning, in order, because the city does own that piece of property there, they want to go ahead and put in the stubs before the pavement's laid down in order to save costs later so they don't have to tear the pavement up and redo it. I can understand that with the exception that the pavement we're talking about is strip paving. We're not talking about any sidewalks, gutters, nothing like this. I don't imagine it's going to be too long a period of time before, well actually, hopefully, it would go through and be done properly the first time. But, to rezone this, I'm majorly opposed to rezoning, I'll fight it tooth and nail all the way, I don't want it rezoned just so the city can recoup their cost. I think they can probably do that eventually when the sell the property. Uh, the value of that piece of property there is not going to down um, even if it remains vacant. I think that property will continue to grow, the value. Now what's going to happen to our area in the even that it is rezoned? There's a possibility of six-plexes going in there. (inaudible) six-plexes. I, no, is my answer. Primarily because already we have an enormous amount of traffic on the road. We have a nice subdivision back in that area now, most of the people in the area take pride and ownership in their properties and I think that if you begin putting six-plexes in there, unless you have an opportunity to buy and take some pride in ownership, um, I think the value of my property is going to go down due to the enormous amount of people that would be there, the traffic, I think it's going to take away from my home and area. The only thing that I would, be suitable is, to have that remain single family residential up to duplex, if indeed you are going to even consider changing that to suburban, I think it ought to be done with some type of stipulation that these lot lines do not change, that they remain the same in order to be able to effectively six- plexes from going up because I do object to having that rezoned. RS would have the opportunity, a builder would have to put in six-plexes. Bryson Are there any questions for Ms. Gourley? Is there anyone else that would like to comment? Roger Murphy I live at 1806 4th Avenue. Uh, my question is, evidently the gentleman over KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 8 there, they already have a project in mind for that area to rezone it. Uh, he stipulated that by June 2, or so, at the meeting there they would, whatever the council's answer would be would give them the go ahead. I would like to know what that project is, as to what buildings :they are going to put in. La Shot Uh, I am talking about the assessment district project to pave the streets in that area. Murphy So you're saying that right now all you're interested in is putting the stub outs in and probably the streets that are going to be adjacent to Evergreen will (inaudible) is that basically what you're saying? La Shot Yes. Um, Murphy What's the long time purpose of rezoning to RS? La Shot It would allow the city the develop the lots smaller than 40,000 sq. ft. that the zoning presently allows and it would actually rezone it to a comparable zone where the project is now, that is all RS. Murphy Okay, in doing so, keeping the lots smaller I am with the present speaker, Nancy, that uh, it would allow the purchase of that land which would give the revenue back to the city of course but then, um, in the long term, we're looking at the area there, we already have a few duplexes in the area which the biggest is a four -plea in our immediate area there and uh, uh, I think any thing larger is going to start degrading our land in the area getting so many duplexes and such, four-plexes and such in the area and six-plexes in the area I would like to see it stay down to RR area where, then our property value stays up then the city then with larger pieces being sold off makes a better looking community in the long run and we don't get so crowded. That would be my objection to it, to let them get the pieces in smaller chunks and it starts getting packed up and real crowded. Bryson Thank you, are there any questions? Thank you for your testimony. Other persons that would like to testify. Marlena Murphy I live at 1806 and I would like it to be known that I did not receive, get a notification of this meeting or this rezoning at all and I live immediately across the street from this project. Um, I am really concerned about the value of our property going down, we get, uh, low cost housing in there and it can't do anything but go down, we're all concerned about that I can speak for everyone here on that. Um, I just don't approve of the six-plex. If the city could put in a covenants that the uh, they made smaller lots, maybe duplexes in there, that ownership would be pride in owning it and keep the quality of the neighborhood up. We have some pretty nice places in there and as we said before we would like to keep it that way. We've already established a nice neighborhood there and if you want to put in a low cost housing KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 9 somewhere put it in where a neighborhood isn't already developed and it would not degrade the value of that neighborhood. Um, um, and if it's the selling of the property to be able to get us a black top road in there, as much as I hate that duet around thmAe, I would radw keep the dust than have low cost housing in there. And I am really set against dust, not only would, it would just make a less quality neighborhood around there and that cheapens the quality of the city and we have enough of that around already. That's all that I have to say. Bryson Thank you, any questions? Thank you Ms. Murphy. Other persons that would like to comment. Kimberly Jackinski I live at 1803 4th Avenue. I agree with Marlena as far as the rezoning goes, I would prefer that it not be rezoned. If the city finds that they do have to rezone it in order to recoup costs, some of their costs in the paving, I would like to see restriction s ont he land that nothing above a duplex be built, that way our neighborhood can stay the way it is. My fear is that if they don't do that and six-plexes become an option, that low income housing will move in. The biggest problems that we have now in that area are from larger four-plexes, um, at the end of Evergreen Street, um, adjacent to 4th, that is all single-family homes that are built in there. Um, it may be zoned for larger but that's not what was built there and is now established as single family residences and that is what is in there and that's the way we would like to see it stay. Bryson Any questions? Thank you. Other persons that would like to testify please. Dawn Barnett I live at 1804 4th Avenue and I agree with everything that's going on here in the neighborhood we've all gotten pretty close because of this rezoning thing, you decided to do and most of us are very well established. We've all been in our homes at least ten years, at least, and we all know each other and we all take pride in where we live. But when you're going to start throwing extra things at us, we're not ready for this yet. Whether it be black top or not, and I hate gravel also and like I say, I've lived in my house for ten years and I've put up with gravel and I have put up with everybody else getting paving but I would much rather have the gravel than to have six-plexes, four-plexes, dozens of kids that we already have around there, adding up to the traffic that we will be getting in there, um, I am just not happy with it. Thank YOU. Bryson Just for the record, when you stated that you agree with everything, you agree with the previous testifiers... Barnett I agree with what they're bringing up right now. Bryson Other comments from the public. David Hales I live on 404 Evergreen Street, Kenai, and these are my neighbors here tonight. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 10 I simply feel the same way that they do. We would all like see to see the neighborhood paved and get rid of the dust but when we moved into our house, and they're all single-family dwellings, uh, they were pretty much, all in our area have remained single-family homes with the exception of a few duplexes and a couple of four-plexes. What we're all afraid is going to happen is we're going to see, in the long run ten years down the road, lumen for abandoned vehicles right on our main street, another home for junk yard (inaudible), another Larry's Club type of establishment across on the other side. Low income housing up and down one side of the street, more cars, traffic, itinerant fishing people, we'll watch our property values go down. Some developer. can come in and develop this, make his money, and get out of town, subsequently leaving it all in the hands of the City of Kenai, who in the long run will have to take care of it. We're not against building in the area, I'm not at lent, it's just that I want to see a nine quality of neighborhood. Everybody wants to live in a nice neighborhood. Everybody wants their property value to increase, so do I. I used to live in Anchorage on Spenard. I don't think we need a Spaiard type development there.. Unless it's rezoned andthere are covenants regulating development to this property to the exteait it's kept at single-family dwellings or duplex only, and a builder couldn't come in and buy an entire block of lots, get it resurveyed, (inaudible) lot lines and (inaudible). So if the city wants to (inaudible) otherwise I don't see a problem with a rezone. Bryson Anyone else with comments, last call. Jay Ship From 313 Haller and uh, I would like to concur with the previous testimony, and the only thing I would like to say is if we have to have an expansion and change this zoning the density should be limited to no more than, is it R2 for duplexes? Bryson For suburban residential zoning there's three classes, one of the three is restricted to duplex but that's not the one that's been proposed. Ship So, could you define to us what this zoning is, uh, what they're changing. La Shot Actually the zone that we're proposing is exactly like the zone you're living in. At this time, the entire area there is suburban residential, and that zone does allow up to six -family dwellings if you have a 12,000 sq. ft. lot. We don't feel this rezone would be detrimental to the area or we had no real thoughts of multi -family uses, but, to create lots that were reasonable size for development and actually, we're thinking to be marketed now, what people are asking for are single- or seem to be single-family lots. (Inaudible) unless there were special restrictions at the sale of the property and it was rezoned to RS exactly like the land there in that area. Ship So you're saying in our area right now there could be possibly up to six or eight-plexes put in here? La Shot Six. KENAI PLANNING & ZONING COMIVIISSION MAY 26, 1993 - MWUTES PAGE 11 Ship Again, I concur with my neighbors. Bryson Are there any questions? Is there anyone else that would like to testify? Gourley Can I speak again? Bryson Are there any objections to a second testimony? Ms. Gourley. Goarley What troubles me here is, I heard it said a couple of times, the zoning is what you have. The proposed change is the zoning that you have. That may be the zoning that we have but there are very few lots to develop on. It may be the zoning that we have but there isn't room to be able to do this, um, I just wanted to make that clear to the members here that aren't in the area, don't know the area, that the area is developed, there is very few lots, the lots that are undeveloped are very tied up, the owners are uninterested in selling and evidently are holding onto them themselves in order to deal, I would imagine later. So I just want to make it clear that there isn't very much area back there to develop and um, what is there is fairly tied up and will remain tied up. Wallorr I have a question. Have you by chance, in your last comment you said that that area is very tied up, very developed, um, I too as you are well aware, live in that area and I find many, many, many lots available, lots for sale and for that matter, Larry's Club's there, the Spur Motel, there is eight apartment buildings I can think of right off the top of my heads just going around the various corners in about a four block region. And a lot of four-plexes and duplexes like that, still, like my back lot, Irene Anderson's property across from me, and a lot of properties there, there's a lot of property to be developed so I understand your desire for the duplex maximum, but I have to take exception as to whether or not there is very much property there to be developed, there is a lot of property there... Gourley In what area do you speak, off of Evergreen or... Wallaer No, I'm talking about a four block radius. Goody So you're talking all the way up basically to Forest Drive, so you're talking Eadies and all those back into, towards Sears. Walkw There's a lot of property available all in through there. And it's all in the same zone and it's basically the same neighborhood, uh, and the same kind of, type of atmosphere, basically, small children, young families, things like that, and I definitely don't disagree with you on the amount of development that you're requesting. My one disagreement would be that if, I believe if we're going to have stripping and strip paving put in, then it's time to put in the stub outs now, KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 12 Gourley I can see the city doing that but I can't see uh, doing that against the homeowners in the area. And I can see the city wanting to recover the cost of that so they beep it separate. Sell it as a package deal, ok we're going to sell you this but, however you have to pay this assessment we did for the road and you also need to pay for the stubout. Charge them, it's in the city's hands, it is a nice piece of property, I think you should get a fair, a little chunk of change for it and if you really wanted to rezone it and the city rally wanted to make some money for it, maybe what they ought to do is rezone it commercial. It'd be a good commercial location. I mean it extends the city just a little farther out. How about sticking in a park, you know for the many children that are already in the area, push the city out jug a little bit. Bryson Okay, we're in public hearing and we've probably gotten a little too informal here, uh, are you done with your comments. Bannock From what I seem to be picking out from the conversations here, what I'm looking at when I drove down this street, I found it a little bit odd, personally, that there were two different zones on one side of the street I don't sex that the street is that big of a divider (inaudible) but let me ask you a personal question, if those lots were just like your lot, what would you like to see there? Gourley Single-family homes. Bannock In relation to your home, bigger, smaller, taller, deeper, more duplex, triplex, you know, what... Single-family home. Uh, comparable size, large would be okay. Bannock How about smaller, would smaller be okay? Gourley Smaller would be okay. I don't see a problem with a single-family home being smaller, on the lot, um, I think what's important here is ownership, pride in ownership. You know, that's what keeps it up. Bannock Do you think it should be a different zone than the zone that you're in, do you live off, what was your address again? Gourley On Haller Street, just off Evergreen. Bannock Okay, so right across the street, should that be a different zone than the zone you're living in? Gourley At this point, yes I think it should be, in order to be able to, um, to be able to have the flexibility to keep six-plexes out. Because with the zoning the way it is, am I correct in KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 13 assuming that the way the proposed change would allow six possibly eight-plexes to go in there? How large can you go? La Shot Up to six-plex. Bannock And a six-plex would be okay on your side of the street, I mean right now that could happen. Gourley Except (inaudible)..... Bryson I'd like to keep this a public hearing and she has the floor. Gourley There is not in the area that these families are the people that are here to testify, there is not, contrary to what Mr. Walker says, there is not the area in order to put up a six-plex. Now the area that he's talking about is further away from us, we're talking another 2 - 3 blocks and I imagine that if we got wind in the sails that a six-plex was going in down there, that you would see us again in here or somewhere, whoever, in order to be able to stop that because of the amount of duplexes, four-plexes that we have back there now. Behind me on Haller Street we have three duplexes and a tri-plex. We have nine families in an area that if it was divided for residential single-family homes there would be four, so there's an enormous amount of traffic, enormous, with very little regard to traffic signs, condition of the streets is very, usually very poor, in the winter time, you know, if this is what we have to do to get paving, keep the gravel. Bryson Any further questions for Nancy? 'Thank you. Anyone else that would like to comment? We would like to bring it back from public hearing back to the commission. Walker I have a question for Jack first. Jack is there a provision in our zoning code that would allow us to zone that, and what is that designation. La Shot We could go with an RS-1. Walker And that would limit us to... La Shot Single-family, duplex. It's similar to the zone across from the high school. Walker I have property there and they're very happy with that zone. La Shot Except an RS-1 would allow us to go down to 12,500 sq. ft. lots that we're thinking, that would make a decent size lot. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 14 Bryson The intent of that RS zone originally was to overlay districts like Woodland if they ever wanted to protect themselves other than with covenants. Walker I haven't heard anybody tonight really speak against the zoning change, they don't want multiple family housing, I don't blame them, that area will get crowded. I have talked with a number of these people prior to this meeting and I haven't heard of anybody other than, if we could get the speed of the traffic in that area under control that would help too, but that's another matter entirely. I don't think that anybody here is against developing that strip that we're addressing tonight, as long as it's developed more in keeping with the RS-1 rather than the six- plex thing. I just wanted to point out that there's a lot of multiple housing there and there's problems with it. I think the whole neighborhood wants the closer zone. Personally I am in favor of that. Bryson I'm not sure what leeway we have because it's been advertised as a zoning to RS whether we could reasonably modify this to RS-1. I suppose we could try it and see what happens. Bannock Jack, from the city's position in wanting it to be RS, what would that do if we went to RS-1, an RS-1 would limit out more than duplexes, what would that do to the city's project. La Shot I don't think it would hurt a thing. Bryson It appears as though, the statement was made that you were going to make available 15 lots, if you split seven per block, about 86 or 87' width on the lots and it's over 12,000' ... La Shot We set the dimensions to provide a good size, single-family residential lot, similar to Inlet Woods. Bryson Your intent for hook-ups was for residential hook-ups. La Shot Yes. Bryson We still don't have a motion before us. MOTION AND VOTE: Bannock Made MOTION to approve the proposed zone change to the City of Kenai from Rural Residential to Suburban ReWdwAW - Resoolud n 93-20. Walker seconded. Bryson Discussion. Bannock Could we AMEND that MOTION to maloe the new proposed zone be RS-1. Walker KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 15 Bryson Discussion on the amendment. Bannock Is there anyone that would speak against that, specifically. Bryson Hearing and seeing none.. Jay Ship Could you define RS-1. La Shot In our development table RS-1 would allow 500 sq. ft. lots if water and sewer is available. It would not allow multi -family housing except for duplexes. Ship If the water and sewer were available... La Shot And it would be available. Ship It would. Walker Jack, what size would be allowed if water and sewer were not available. La Shot 20,000 sq. ft. WaHm Water and sewer would only be available only after the improvements were complete. Barneue If there was a possibility of someone deciding that they didn't want the water and sewer, are we guaranteed that they have to have it anyhow? We've all been stipulated in our area that we can't have wells, we can't have septic tanks, okay, because we're in the city, now if somebody over there decided I'm going to buy 20,000 sq. ft. of property and I'm going to do without the water and the sewer, can they do that? IA Shot No. We'll be selling them as individual lots. We will provide water and sewer stub outs to the lots. We also have an ordinance that says that if they are within 200 feet of water or sewer they have to hook up. Barnett Thank you, that's what I wanted to hear. Bryson Jack, do you have any opinion as to whether we should continue the public hearing to the next session for modifying the requested zoning. The general category is the same, although it is different. La Shot Our land sale, proposed land sale, it shouldn't hurt to push it back. If it's continued KENAI PLANNING & ZONING COM1vIISSION MAY 26, 1993 - MINUTES PAGE 16 and it doesn't pass this meeting it might have some bearing on the council's decision on this project. June 2, should the council say go with the project, we'll start spending money. Bryson I live on a government lot on the other side of the gulley. This has always been a district I wish, I wouldn't mind be incorporated in, of course it takes more effort to do than not to do because one body owns this property it's easy to do. It wouldn't be so easy if you found people have diversified opinions on it. Barnett By the sounds of it you already have a buyer for this land. La Shot No, we're just preparing it for a public sale. By our ordinances it has to be a public sealed bid auction. Barnett Okay. So on this June 2, meeting are we just deciding on the paving? La Shot Yes. Bryson Considering the appropriate time to put in water and sewer, I feel this very definitely the time to put in water and sewer services, regardless of which zoning is utilized. Is there any objection to continuing this public hearing to the next meeting. Walker Before stating any objection or non -objection I would like to hear from administration on the necessity of the change, I don't want to get in the way of the council. Personally 1 feel if we can handle it this evening fine, if not, I have no objection to continuing if it's necessary. Bryson Further discussions on the amendment. Call for question on the amendment which, being to amend the original motion substituting RS-1 for classification RS. Vote: Bannock - yes, Bryson - yes, Goecke - yes, McComsey - yes, Wall= - yes. MOTION PASSED. Bryson Further discussion on the main motion, no requests, call for question. Vote: Bannock - yea, Bryson - yes, Goecke - yes, McComsey - yes, Walker - yes. M(MON PASSED. 6. PLANNING a. Proposed City Land Sale Bryson The next issue has already been discussed at length. Jack do you have anything further? 1791-1981 CITY OF KENA. %od Capi4i ej 44u" 210 FIDALCiC1 k> Al.ASNA W11 TU EPHOW 3t.75M FAX 907.283-3014 KMORAMUX TO: Kenai City Council FROM: Charles A. Brown, Acting City Manager e-qQ DATE: May 26, 1993 SUBJECT: Community Service Workers Several departments of the City have been using community service workers. Please read the attached letters, one from me to the State Division of Risk Management and a reply. The City is incurring significant workers compensation and general liability exposure with regard to these workers. These workers are often not trained and are working under duress. Our exposure is probably much greater than it is for employee labor. Consider this: Council insists on third party workers comp coverage (and liability coverage on larger jobs) from contractors who are trained and want to work for the City. But, we require, and have, absolutely no similar coverage for community service workers who are not trained and who are being forced to work. This does not seem reasonable to me. I bring this to your attention because there may be political aspects of this of which I may not be aware. unless Council objects, I intend to ban community service workers from being assigned to the City of Kenai until the State assumes responsibility for the workers. i 1791-10" CITY OF KENAI "O�l G�dl ej 44" _ 210 FlQALrOp MW ALA$ U nffli 824-nu FAX 907-283.3014 May 13, 1993 Don Hitchcock, Risk Manager Department of Administration Division of Risk Management P.O. Box 110218 Juneau, Alaska 99811 CERTIFIED #P226878716 Dear Mr. Hitchcock: Yesterday it came to my attention that the Alaska Court System has been providing prisoners and other persons convicted of crimes to various departments of the City of Kenai. Apparently, the court has given these people the opportunity to provide community service work rather than serve time. Our insurer, Industrial Indemnity, has expressed several major concerns about picking up this exposure under their policy. Their concerns appear to be valid and we do not wish to jeopardize our relationship with them. We need immediate clarification as to whether or not these people providing community service work are covered by the State of Alaska's workers' compensation policy. They are not covered by ours, and we see a real exposure both to workers' compensation claims and to general liability claims arising from this program. In the event they are covered by the State, we will need a certificate of insurance reflecting coverage for workers' compensation, general liability, and the certificate should include a Hold Harmless in favor of the City of Kenai and Waiver of Subrogation. Thank you for your assistance. Sincerely, Charles A. Brown Finance Director cc: Kurt Olson, Walters & Olson, Inc. 04 0 it) a, � 04 O � 01) � � M M UN7 n CT rl v %D O M M V) OD ON CV " M phi M V v uhi, v Oo Ct r% Lo tLo Zo 4T 0 m ao C o N ao 06 ao ao N oO+ o chv h M n n h�p OhD 0^D Q1 CT M h. OD OD CV N r. CT N OD CT CT h h 0 a0 � � OD CT M N CT CA IT000" N n n M � U) V7 10 1n tD t� 00 OD � t0 t0 h � R oq CT N N O Lq M o �D 0 In U) %D h CT 0 %D %D %D 0 � �0^MN�vrno�^000nN m CT %D w w 0 M M M h OD U) %0 N h %D ui ui p O m r-� M L) (^ Oh �p `O N N U NV Q► �. N C M In " OD %O OD OD CT az CT OD r.: OD Q� N� O N� O Ut 0 i � O D Q � OD n OD � D U-) Q: O D 'T OD �D O N M h Q � 0 MN h MM 0 V N N 0 y N Q M � o r% co P+ %O Q CJ� Q u) M OD „ CO h h h rz OD O CT rh h Iz Il � N y L L rWd L In 7)U-A n y EQE-'�-'�4t!°i'zo Kenai Municipal Airport 1992 f 93 Inag--Term Pay Pwidng Receipts Total Receipts - July 1, 1992 thm May 25, 1993 Parking - $52,428.17 32 Permits issued - 7J045.68 Total - t60,273.85 Total Average Parking Receipts for 327 Days = $160.33 1 Day < fit r f' Month JAN FEB MAR APR MAY JUN JUL A! at cEp OCT NOV DEC Totals KENAI MUNICIPAL AIRPORT 1993 MONTHLY ENPLANEMENT REPORT SouthCentral Era Alaska 1,567 3,026 1,496 2,593 347 3,595 o 3,822 Last FIVits fur SA r 1af'c110,1903 3,410 130036 MarkAir: 46.1 %; (3275) MarkAir Monthly Totals 3,052 7,645 2,762 6,851 3,695 7,637 3,275 7,097 0 0 u O 0 0 0 r� 12,784 29,230 April 1993 Era Alaska MarkAir Era Alaska: 53.9% (3822) TO DO LIST May 19, 1993 Kenai City Council Meeting CAB/CRG - Proceed with discussions with Larry Pedersen regarding Inlet Woods settlement. Return to Council for review at 6/2/93 council meeting. RAE/JL - Rebid crack sealing for late summer -- after fish hauling season. Investigate the Flex 270 and AC5 materials and specify which material is to be used in the specifications. Tighten up the bid specifications in regard to how much work there is to be done. RAE - Correct phone numbers on float plane advertisement. LH - When doing minutes, use a person's full name the first time you make reference and then use just the last name in subsequent references. CAB - Shut down the Municipal Park on Forest Drive to all camping, effective immediately. KK - Repair pipe sticking out of ground at Mission and Bluff. KK/KO - Investigate the purchase or donation of railroad ties from the Alaska Railroad. CLF - Advertise 5/24/93 work session at 6:00 p.m. in the Kenai Council Chambers. KK/KO - Find out the cost for placing a fence on Carr's side of Ryan's Park/Bernie Huss Fitness Trail. w li WALTER J. HICKEL p.( + GOVERNOR Juneau,A 190' STATE OF Ar,ASSA OFFICE OF THE GOVERNOR aJIUWZAU May 11, 1993 The Honorable John J. Williams Mayor, City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: The appointment in which you have expressed an interest has been made. The number of candidates and the high level of qualifications were impressive. Governor Walter J. Hickel is pleased to appoint or reappoint the following members to the Alaska Statewide Private Industry Council: Mr. Milton Byrd of Anchorage - reappointed to Education seat Ms. Jo Ann Elson of Kenai - reappointed to Public Employment seat Mr. Jack Carpenter of Nome - appointed to Private Sector seat Ms. Marian Estelle of Anchorage - reappointed to Private Sector seat Mr. John Underhill of Anchorage - appointed to Private Sector seat Mr. Rod Moline of Juneau - appointed to new Vocational Rehabilitation seat Ms. Sandy Armstrong of Juneau - appointed to new Public Assistance seat Mr. Jim Barron of Juneau - appointed to Private Sector seat Ms. Yvonne Dazee of Nome - appointed to Private Sector seat These additional members will continue to serve on the council.• Ms. Rend Blanchard of Juneau - Economic Development seat Mr. Felix Hess of Bethel - Community Organization seat Mr. Jack Hetherton of Soldotna - Private Sector seat Ms. Bonnie Jenkins of Tok - Community Organization seat Ms. Daisy May Lamont of Bethel - Labor seat Ms. Valerie Mundt of Fairbanks - Private Sector seat Mr. David Stone of Juneau - Private Sector seat Mr. Ed Young of Anchorage - Private Sector seat We appreciate your assistance in helping Governor Hickel select the best candidates for boards and commissions. Sincerely, ��--, Tuckerman Babcock Director of Boards and Commissions ........ ,, •m. •o. All -Amer: ca Gt Outstanding examples of ci : en !iv() cen I nt and community mobilizatio : �� i i I he >hcu cased this May in Tampa. F lrida. as the ---tth annual All -America City (AAC) -award Program enters the final seLction phase Sponsored by The Allstate Foundation. the All -America Citv Award Program recognizes communities that confront critical local issues through broad -based collaboration of citizens and the public. private and nonprofit sectors. Meeting in Washington. D.C. on April 3 and 4. 1993. a screening committee of community. government and corporate affairs specialists selected 30 1993 AAC Award Finalists from a record -breaking applicant pool of 151 communities. These communities will present their projects in person to the All - America Citv Jury on May 21 and 22. 1993. The 30 finalist communities are: • Oakland. California • Pasadena. California • Porterville. California • Redwood Citv. California • Wray. Colorado ,7elrav Beach. Florida ,alesburg. Illinois • Newton. Iowa • Lindsborg. Kansas • Wichita. Kansas • Owensboro-Daviess County, Kentucky • Bowie. Maryland • Prince George's County. Maryland • Jackson County. ;Missouri • Dawson Countv. Nebraska • Grand Island. Nebraska • Mocksville. North Carolina • Southport. North Carolina • Washington. North Carolina • Winston-Salem. North Carolina • Cleveland. Ohio • Philadelphia. Pennsylvania • Pittsburgh. Pennsylvania --�• East Providence. Rhode Island • Pulaski. Tennessee • Fort Worth. Texas • Laredo. Texas • Plano. Texas • Yakima. Washington _ • Black River Falls Area. Wisconsin Chaired by Dr. Lenneal J. Henderson of the William Donald Schaefer Center for Public Policy. University of Baltimore, the 1993 AAC screening committee included the following distinguished members: Gigi Armbrecht ..Mobile United 9I obile. Alabama Madlyn Bagneris Entergy Services. Inc. New Orleans, Louisiana Bill Davis National League of Cities Washington, D.C. A . }v��N a '1a1 µ c : � - ' in Tampa g ,risen i f; es:.,-n , ociau( r 1'. 1 -r .)f Commerce Executives asmne v , - :ndr ` ua William R. Dod> e 'itratceic Panner,hips Consulting Pittsburgh. Penns. i%ania Tom Flynn City of Charlotte Charlotte. North Carolina Patrick Fn'Piere National Institute for Dispute Resolution Washington. D.C. Joan Hammond Greater Cincinnati Industrial Development Corporation Cincinnati. Ohio �6,ri Happy Haynes City of Denver Denver. Colorado 1993 Jim Howard Gallagher & Kenned C"y CLEWPhoenix. Arizona(C"YOPM's Bob Keller �� Greater Baltimore Commits -11*1- <EZ`� Baltimore, Maryland Gail Levin Communitv Relations Consultant Longboat Key, Florida Gloria Leyba City of Denver Denver. Colorado William R. Potapchuk Program for Community Problem Solving Washington, D.C. Jan Purdy Citizens League of Greater Cleveland Cleveland. Ohio Alfred Ramirez The 2000 Partnership Los Angeles, California Marc Solomon National Jewish Democratic Council Washinton, D.C. Vivian Watts U.S. Advisory Commission on Intergovernmental Relations Washington, D.C. Former Hawaii Governor William F. Quinn will serve as foreman of the 1993 All - America City Jury, a post he has held since 1983. Governor Quinn and Lenneal Henderson will be joined on the Jury by the following experts in community organizing and governmental affairs: Robert Bobb City of Richmond Richmond, Virginia Gale Cincotta National Training and Information Center Chicago, Illinois I ucrile Elhoha«k ( ow-cil of EnerLv Resource Tribes Den, er. Colorado Hubert Guest Neighborhood Reinvestment Corporation Washington. D.C. Frances :Moore Lappe Institute for the Arts of Democracy Larkspur. California Arturo Vargas Mexican American Legal Defense and Educational Fund Los Angeles. California Fay H. Williams Attorney Indianapolis. Indiana William F. Winter Watkins Ludlum & Stennis Jackson, MS Linda Wong The Achievement Council Los Angeles. California Onward to Tampa Tampa, Florida, a 1990 All -America City, will host the 1993 Jury Hearings, which will take place at the Hvatt Regency Westshore. May 21 and 22. Registration. orientation and initial rehearsals will take place on Thursday, May 20. A "Welcome to Tampa" reception, hosted by Allstate Insurance Company, will be held Thursday evening at the historic Tampa Bay Hotel. A high point of the three-day event is the festive "Civic Action Fair," which offers an opportunity for Finalists to exhibit and exchange aspects of their projects — as well as elements of local culture. industry and cuisine — in a lively "trade show" format. Additionally. the Tampa Host Committee has oreanized a series of informative and recreational tours of Tampa and neighboring St. Petersburg and Clearwater. Selection and Announcement of Winners After the second and last round of community presentations, the Jury will deliberate on the afternoon of Saturday, May 22 to select the ten winners. The 1993 All - America Cities will be announced at a banquet that evening by Jury Foreman William Quinn. The three-day event is open to the public. Individuals wishing to attend who are not members of a Finalist delegation will be charged a $50 fee, which includes access to the jury hearings, the Thursday night reception, the awards banquet, post -banquet reception, and optional tours. For more information or to reserve tickets, contact: Wendy Dickstein or Barb Tafoya, National Civic League, 1-800-223- 6004. r: OFFICERS Chairman: Hon. William F. Winter. Watkins Ludlum & Stennis. Jackson. MS Treasurer: James G. Nussbaum. Denver. CO Secretary: Joan Hammond. Greater Cincinnati Industrial Training Corporation. Cincinnati. OH President: John Parr. Denver. CO Vice President: Christopher T. Gates. Denver. CO DIRECTORS Don Benninghoven. League of California Cities. Sacramento. CA Angela Blackwell. The Urban Strategies Council. Oakland. CA Robert C. Bobb. City Manager. Richmond. VA Dr. Thomas Cronin, Colorado College. Colorado Springs. CO R. Scott Fosler. National Academy for Public Administration. Washington. DC Hon. Sandra Freedman. Ntavor. City of Tampa. Tampa. FL James O. Gibson. The Urban Institute. Washington. DC Dr. John Stuart Hall. Arizona State University, Tempe. AZ Dr. Lenneal J. Henderson. Jr.. University of Baltimore. Baltimore. MD Gracia Hillman, League of Women Voters of the United States, Washington. DC Dr. Curtis W. Johnson. Office of the Governor. State of Minnesota. St. Paul. MN James E. Kunde. Coalition to Improve Management in State and Local Government, Indianapolis. IN Frances Moore Lappe. Institute for the Arts of Democracy. San Rafael. CA Liane Levetan. Chief Executive Officer. DeKalb County. GA Gail Levin. Community Relations Consultant. Longboat Key. FL Donald McIntyre. Central City Association. Los Angeles. CA Robert H. Muller.l.P. Morgan Securities. Inc.. New York. NY John B. Olsen. Pittsburgh. PA Neal R. Peirce. Syndicated Columnist. Washington Post Writers Group. Washington. DC Mark Pisano. Southern California Association of Governments. Los Angeles. CA Robert H. Rawson. Jr.. Jones. Day. Reavis & Pogue. Cleveland. OH Carrie Thornhill. Greater Washington Research Center. Washington, DC David Vidal. Continental Insurance. New York. NY Dr. Henry R. Winkler. University of Cincinnati. Cincinnati. OH HONORARY LIFE DIRECTORS Terrell Blodgett. Austin. TX Henry G. Cisneros. San Antonio. TX James L. Hetland, Jr.. Minneapolis. MN Hon. Cecil Morgan. New Orleans. LA Carl H. Pforzheimer, Jr.. Stuart. FL Robert H. Rawson, Sr., Shaker Heights. OH Hon. Terry Sanford. Durham. NC Hon. William W. Scranton. Scranton. PA Hon. Wilson W. Wyatt, Sr.. Louisville, KY NCL Co -Hosts Delegation from-stan As part of a cultural exchange program sponsored by the United States Informa- tion Agency, a 13-member delegation of ministerial -level leaders from Kazakhstan visited Denver, Atlanta and Washington. D.C. to investigate patterns of democratic self-government and western public administration practices. The Kazakh delegation included Ministers of Indus- try, Energy, Geology, and Ecology, business people and government offi- cials, including two members of parlia- ment. Mineral -Rich Region of Former Soviet Republic Natural resource management is of particular interest to Kazakhstan, a former Soviet Republic rich in oil and mineral deposits. A long history of nuclear activity at the Semipalatinsk Test Site and other facilities has also raised concerns over environmental degrada- tion. The International Programs Consor- tium and the National Civic League organized the Kazakhs' April visit. The delegation first spent several days in Washington. D.C. learning about federalism and intergovernmental relations in the U.S. The Kazakhs then moved on to Atlanta, where the program included an introduction to the Carter Center's Atlanta Project. Denver was th final stop on their visit. Tote Emphasizes Military -to -Civilian Industrial Conversion The itinerary in Colorado included a cultural day, with trips to Rocky Moun- tain National Park and Boulder, a day spent studying the structure of state and local government (including visits to the Governor's Office, State Legislature, Denver City Council, National Civic League, and Chamber of Commerce); and a day covering the economic conversion of former military and defense -oriented facilities and operations. This latter leg of the tour featured presentations by officials from the Department of Energy, the Rocky Flats Plutonium Processing Plant Initiative, and the Lowry Air Force Base Economic Recovery Project. The Kazakhs' final evening in Colorado was spent touring the Coors Brewery, shopping at Wal- Mart, and dining with the Jefferson County Board of Commissioners. For more information, contact: Tyler Norris or Susan Downs, National Civic League. (303) 571-4343., National Civic League `in the News' APRIL MARCH •y NCL Vice President Christopher NCL President John Parr was Gates appeared on C-SPAN2 before a featured in the March 21 edition of the press roundtable at the National Press Chronicle -Telegram (Elyria. Ohio) in an Club in Washington. D.C. on April 5. article entitled "National Civic League 1993. The National Civic League and Head Offers Tips on Obtaining Federal the Institute for Alternative Futures (IAF) Funds." co -sponsored the discussion, entitled "Visions: Their Role in Health Care Reform and in the Community." + News of the NCL-hosted Kazakh delegation (see story, above), received coverage in the Rocky Mountain News. on the National Public Radio Program "E-Town" and on local access cable channel 28 in Denver. + Jill Steckel, Program Coordinator of the Radon Action Project, appeared on "Issues and Options." a program pro- duced by local access cable channel 28 in Denver. -:+ Articles on the 1993 All -America City Award Finalists have appeared in recent editions of The Denver Post, Salisbury (North Carolina) Post. Porterville (California) Recorder, San Jose (California) Mercury News; Redwood City (California) Almanac; and The Times (San Mateo, California). ❖ Christopher Gates was interviewed about NCL's Radon Action Project on March 23 for Birmingham (Alabama) Public Television's "Advances in Health" program. FEBRUARY NATIONAL Civic REVIEW Editor David Lampe was interviewed by the National Public Radio affiliate in Tampa. Florida on issues of governmental reform as part of a series on neighboring St. Peters- burg's abandonment of the council- manager plan. * Christopher Gates was interviewed by the National Public Radio affiliate in Denver, Colorado on the increasing use of the citizen ballot initiative. JANUARY The NCL publication Term Limits for Local Officials was featured in the "Connections" section of Governing magazine. 1993 All=America City Award Applicants ising by seven percent over 1992, the 1993 All -America City Award applicant base consists of 151 communities from 40 states. A Screening Committee of 19 experts in community organcing, public administration and corporate and civic affairs met in Washing- iun. D.C. on April 3 and 4. 1993 to select the 30.finalist communities. The National Civic League and The Allstate Foundation congratu- late both the Finalists and the applicants for their commitment to community betterment through participation. partnerships and far- sighted mobilisation gj'resourc•es. The 151 applicants are listed below. alphabetically by state, with population. The 30 Finalists are indicated with an asterisk. ALABAMA (5) ILLINOIS (4) Arab. 6.312 *Galesburg, 33.530 Atmore. 8.046 Glen Carbon. 7.731 Auburn. 33.830 Harrisburg, 9.289 Brewton. 5.885 Rochelle, 8.769 Florence. 36.426 INDIANA (5) ALASKA (1) Bloomington/Monroe County, Fairbanks North Star Borough, 108.800 77.720 Evansville, 126.272 ARIZONA (1) Fort Wayne. 173.072 Avondale. 16.974 Terre Haute. 57.483 Valparaiso. 24.414 ARKANSAS (3) IOWA (5) Jacksonville. 29.101 Harlan. 5,148 Little Rock. 175.795 Keokuk. 12.451 Rogers. 24.692 *Newton, 14.789 CALIFORNIA (15) Waverly. 8.539 Gardena. 51.487 West Des Moines. 31.702 Highland. 37.087 KANSAS (4) Lancaster. 104.655 Coffevville, 12.917 Lynwood. 61.945 can Beach. 8 Dodge City. 21.129 /.Q'-',3 'akland. 7_._4_ *Lindsborg, 3.077 ---Pasadena. 133.525 *Wichita. 304.011 :�Porterville. 31.700 KENTUCKY (2) :'Redwood City. 66.072 Hazard. 5.416 San Diego. 1.110.549 *Owensboro-Daviess County. Santa Barbara. 87.400 87.189 Santa Clarita. 121.600 LOUISIANA ('_) Sunnyvale. 120.317 Alexandria. 49.188 Temecula. 27.900 Mandeville. 7.782 Vacaville. 64.030 MAINE ( COLORADO (2) Clinton. 3.332 Limon. 931 Cumberland. 5.836 'Wray. 1.998 Richmond, 3.072 CONNECTICUT (1) MARYLAND (4) Manchester. 51.618 *Bowie. 37,589 FLORIDA (12) Cambridge, 11.514 Cape Coral. 80.399 *Prince George's County. Abelray Beach. 47.181 749,030 Jacksonville. 693.758 Rockville, 44.835 Juno Beach. 2.121 MASSACHUSETTS (3) Lakeland. 71.896 Brockton. 92.788 Lauderhill. 49.708 Cambridge, 95.802 Miami. 358.548 Salem. 38.091 Miami Beach. 92.639 New Port Richev. 14.332 MICHIGAN (3) Oldsmar. 8.361 Manistee, 6.734 Sarasota. 50.978 Redford. 54,387 Stuart, 12.195 Sterling Heights. 117.810 ('� :ORGIA (3) MINNESOTA (1) ..olumbus. 179.278 Mankato, 31.468 Decatur, 17,336 MISSISSIPPI (4) Savannah, 137,560 Corinth, 31,722 IDAHO (1) Crystal Springs, 5.643 Pocatello, 46,080 Natchez, 19,460 New Albany, 6,775 MISSOURI (1) *Jackson County, 633.232 NEBRASKA (5) Columbus. 19.480 *Dawson County. 19,940 Fremont. 23.600 *Grand Island, 39.456 Sidney, 6,600 NEVADA (1) Las Vegas, 310.197 NEW MEXICO (1) Deming, 10.974 NEW YORK (2) Dunkirk, 13.989 Plattsburgh. 21.292 NORTH CAROLINA (9) Concord. 30.803 Elizabethtown. 3.704 Lumberton, 18.775 *Mocksville/Davie County. 27,859 Morehead City, 6.046 *Southport. 2,369 *Washington. 9.075 Wilson. 36.930 *Winston-Salem. 161.554 OHIO (11) Blue Ash, 11.923 Cincinnati. 364.040 *Cleveland. 505.616 Columbus, 607.904 Crestline• 5,012 Cuyahoga Falls. 48.950 Fairfield, 39.729 Fort Recovery, 1.313 Kirtland Area School District. 6.422 Portsmouth. 22.74=4 Toledo, 332,943 OKLAHOMA (2) Duncan. 21.732 Guymon, 7,803 OREGON (1) Corvallis, 44,757 LNAA�'i]]111ONAL EAM PENNSYLVANIA (6) Erie Area. 275,572 *Philadelphia, 1.585.577 *Pittsburgh, 369.879 Reading, 78.380 St. Marys, 14.020 Towanda Borough, 3,242 RHODE ISLAND (1) *East Providence, 50.380 SOUTH CAROLINA (1) Tega Cay. 3,205 TENNESSEE (2) Gatlinburg, 3,417 *Pulaski. 7,916 TEXAS (13) Austin. 482.296 Dallas. 1.007.120 Denton, 66.270 *Fort Worth, 449,791 Georgetown. 14,842 Houston. l .631,766 *Laredo, 122,899 Lewisville. 48,261 McKinney. 26,000 *Plano, 149,188 San Marcos, 35,547 Temple. 46.109 Texas City, 40.822 Wharton. 10.200 VIRGINIA (7) Blacksburg, 34.590 Chesterfield County, 223,800 Hampton. 133.793 Herndon, 16,139 Newport News. 171,439 Prince William County, 226.806 Reston. 48,509 WASHINGTON (1) *Yakima. 58,690 WISCONSIN (1) *Black River Falls Area, 3,490 WYOMING (1) Laramie, 26,687 THE ALLSTATE FOUNDATION The AM -America City A ward Pr+oartam is sponsored by a grant from The AUsWe Fo undaden-of Nordrbrook, IMN@dL For more infornatim-aarat N1WW&CW Awes J4wV aak- cow i #ndyr ias1Ml�r lei !"' D;yia; lli�Idtlal G? is Looking Ahead .. . Workshop to Explore Patterns of Corporate Civic Involvement., On May 28. 1993. the National Civic League and the University of Denver College of Business Administration will sponsor a workshop entitled 'Business and the Community: Meeting Shared Challenges." The half -day program will convene national and local business leaders, educators and community activists to explore the evolving role of businesses in their host communities. The University of Denver College of Business Administration is nationally recognized for its integrated curriculum combining instruction in technical business skills with opportunities for development of a sound ethical and humanitarian vision of management. Part of a Multi -Year Research and Education Project The "Business and the Community" workshop is being presented as part of NCL's Civics in the Workplace project. Initiated in 1991 with funding from the Nord Family Foundation (Lorain, Ohio), the project has thus far involved research on ways in which corporations are encouraging their "constituents" (e.g., employees, clients, customers, sharehold- ers, etc.) to become more involved in the civic life of their communities. Research conducted by NCL in 1991 and 1992 sought examples of business programs and policies which encouraged involve- ment in politics and government, as well as the information -sharing on community affairs that is central to a healthy democracy. Great Variation in Corporate Civic Activity The research report identified a wide range of cooperative activity among businesses and the nonprofit and govern- mental agencies in their host communi- ties. Private sector companies are finding new and interesting ways to encourage their employees to become active in public/community activity. NCL and the University of Denver have organized the "Business and the Community" workshop to address the needs of businesses wishing to raise their awareness of community affairs, while disseminating information on patterns of corporate civic involvement. Additional dissemination of information will occur through partnerships with other national advocacy and educational organizations. The Program The workshop will invite partici- pants to discuss means by which busi- nesses can encourage employees and other "corporate stakeholders" to identify pressing public/community needs and work toward meeting them. Finally, the group will define appropriate roles for companies to play in promoting a healthy, functioning democracy in their communities and broad public participa- tion on the part of their citizen -employ- ees. Keynote speakers from innovative companies nationwide — as well as nonprofit advocates of more activist corporate involvement in communities — have been invited to participate in the workshop. Keynote presentations will address relations between businesses and their communities and business involve- ment in civic participation. Panels will address changing community expecta- tions of corporations and the challenges of integrating business and civic life. High -Profile Speakers with National Visibility Confirmed speakers include Robert Lever of New England Business for Social Responsibility; Howard Rothman, author of Corporations with a Con- scienec: Dr. Arthur Fletcher. Chairman, U.S. Commission on Civil Rights. University of Denver College of Business Administration: and Richard Steckel of the AddVenture Network. In addition to the National Civic League and the University of Denver College of Business Administration, the workshop is sponsored by Beyond Business. the Colorado Alliance, and the Greater Denver Chamber of Commerce'`+. The registration fee for the worksh-_ is $30, which includes lunch and access to all presentations and panels. Registra- tion begins at l 1:30 am and the program runs from noon to 5:00 pm, at the University of Denver. For more information on the "Business and the Community" work- shop or NCL's Civics in the Workplace project, contact: Laurie Hirschfeld Zeller, National Civic League, (303) 571- 4343. Return to: Printed on Recycled Paper Using Soy Ink NONPROFIT ORG. NATIONAL CIVIC LEAGUE U.S. POSTAGE PAID 1445 Market Street, Suite 300 DENVER, CO Deriver, CO 80202-1728 PERMIT NO.1110 Ms. (_:arol Freas CitY Clerk Ci tY of Kenai 210 Fidalgo Ave, Kenai, AK 99611 1993 All -Americo City Jury Hearings and Civic Action Fair Tamps, Rodit fNay 20-22,1903 o-� i, 217 Second Street, Suite 200 ■ Juneau, Alaska 99801 • TO (907)586-1325, Fax (907)463-5480 RFf. J993 Legislative Bulletin May 14,1993 Lgidad"awkwk 1&9 M SESSION ENDS -- FINAL AML WRAPUP From the Execudre Director What Happened?? The First Regular Session of the 18th Alaska State Legislature adjourned at 9:15 p.m. on May 11 after 120 days of session. This was the third adjournment of the session for the House, which had attempted to leave twice before, only to be required, per the Alaska Constitution, to return after 72 hours to deal with the Senate, which had remained in session After a series of rancorous exchanges between the House and Senate that included the two adjournments mentioned above, and calls by each of the houses at one point or another for the Governor to square the other body away, House and Senate leadership finally did sit down and work out the package of bills that were seen as necessary to be passed before the legislature adjourned for the year. This did not happen until quite late in the session, and the short time remaining after agreement was reached made the process of adjournment a struggle against the clock and procedural requirements. Unfortunately, some of local government's legislation was lost along the way. One way the Senate "sent a message" to the House was to kill, twenty to zero, a House priority bill (HB 66), repealing the senior citizen tax exemption mandate in favor of a local option. Have these folks ever thought of just sending a FAX? From local government's point of view, this was a $15 minion message. Technically, the problem could have boon Booed after the Senate and House had resolved their differences; in practical terms, there just wasn't enough time left to get that done. Other worthwhile legislation got caught in the rush to adjournment(s) and died in committee or in a strange limbo between Rules Committee passage and floor action That seems to have been the fate of the Open Meetings Act amendments, SEN CS HB 254 (Rules). This measure passed the Rules Committee and was never brought to the floor. There may have been middle ground within reach, but the parties were not able to find it before the maelstrom of adjournment swept this bill and a lot of other legislation, ours and other peoples', down to defeat — at least for this year. This br71 has come a long way, and we have both a running start for next year and a good grasp of the opposition's positions and arguments. In the end, the results of the legislative session were neither as bad as we had feared nor as good as we had hoped. The Senior Citizen/Disabled Veteran property tax exemption bM and the Open Meetings Act revisions died as noted above. The motor vehicle pregistration tax increase measure finally passed, as an amendment to SB 99, after being amended in House Finance Committee to provide a one-time, 10 percent increase in the tax rate schedule. As a result of this Member of the National league of Cities and the National Association of Counties amendment, the amount of money that will be generated by the bill is spa 6csntly less than had been hoped — but it is a modest increase in this revenue source. The three "big ticket" items - Municipal Assistance and Revenue Sharing, Educational Formula Funding, and School Comtruction and Debt Reimbursement, all came through in fairly good ftpe. Revenue Sharing and Municipal Assistance were reduced by only 7 percent as opposed to the Governor's proposed 25 percent cut. In the context of the general operating budget cutting mode of the legislature this year, that's not a bad result. Substantially higher cuts were discussed, and no legislator proposed making no cuts at all in this item. This, and the history of recent years, should probably tell us something about the long-term future of these programs. Educational Foundation Formula funding was provided at the same level as last year. While AML had hoped for an increase in the instructional unit value, this just wasn't the year for it, and we found zero support for that idea. Even the school folks saw that this was not the year to push for an increase in the unit value and did not do much on the issue. Full funding at last year's instructional unit value was a good result, and districts were happy because the legislature and Governor approved the funding early, a first for recent sessions, which should allow for better planning for the upcoming school year. The Alaska 2000 recommendations did not make much progress, except in the area of school construction and maintenance, but it is expected that the bills will be actively supported by the administration next year. School construction and maintenance funding, as predicted, was a last-minute issue. Debt reimbursement for existing debt was fully funded when the early -funding education bill passed in April, but the amount and distribution of new construction and maintenance projects was one of the hottest topics of the legislature's closing days. AML hoped simply for funding of priorities one through six needs under the existing school construction grant program, with funding from bonds, the British Petroleum settlement, or any other appropriate source. The Governor favored committing $500 - $600 million over a four --year period to meet existing needs, and originally he suggested the undistributed earnings fund of the Permanent Fund as a source. Later, when the BP settlement brought in $630 million, he suggested that as a source. Legislative leadership initially resisted this approach, saying that the settlement money belongod in the ao>stltudonal budget room. As time went on, the House supported cash expenditures and the Senate supported bonding to address longer -term needs. In the end, the legislature agreed on a two-part approach — $172 million for immediate construction and maintenance needs and authorization of S25t1 million in bonds (see more below). A number of other measures, some positive and some negative, were introduced during the session. While not at the top of the League's priority list, these bills are nonetheless important to the state's municipalities. As reported in the pages of this BuIletin over the past few months, AML has supported some of these measures and opposed others that would have reduced local revenue or authority or imposed a new burden on local government. In the end, the negative proposals were not adopted, and some helpful legislation was enacted. Often AML's role in lobbying these bills was to seek to remove or improve objectionable features and to enhance and improve positive elements in the proposals. Probably the most significant of these proposals was the Governor's Capital Matching Grants program, ultimately enacted as HB 124 in the closing days of the session, and funded at $20 million for FY 94. This program will make funds available to local governments on a formula basis keyed to population, adjusted on a sliding stave to shift larger per capita amounts to smaller communities. Generally, a local match ranging from 5 percent for cities with a population under 1,000 to 15 percent for those up to 5,000 and 30 percent for municipalities larger than that, is required. What Now"!. There are two major things to be done now: contact with the Governor regarding veto or approval of enacted legislation and preparation for the 1994 Session through legislative contact before the dust of the '93 session has wholly settled. The legislative process is not complete until the Governor has either accepted or rejected (via veto) the result of the legislature's efforts. This year, the level of funding provided for Municipal Assistance and Revenue Sharing (a 7 percent cut from FY 93) will be a primary concern for local officials in that the Governor has the ability to veto that amount and write in a lower number - i.e., closer to his original proposal for a 25 percent cut in these programs. While some administration folks have privately said they do not expect the Govmw to veto the appropna=6 "it ain't over 'tdl its aver," and contacting the Governor to urge approval of the funding provided is as important thing to do at this time. As a Sena t! role, it would be well to contact the Governor. to request approval or veto of legislation of comm, to you. Some legislators deserve special thanks; all deserve some .raeaognititut mr their efforts the year. Particularly helpful were the two majority leaders, Senator Robin Taylor and Representative Gail Phillips, both of whom worked hard to be helpful to local governments. Minority leaders Senator Jim Duncan and Representative Fran Uhner were also helpful and supportive of many of the League's goals. AML especiaW wish as to thank Representative John Davies of Fairbanks, who began the Open Meetings Act debate with his mUWucuon of HB 37, and to recognize the work of Representative Al Vezey who furthered it with his original version of HB 254. This bill was amended by Stor Taylor to include all of AML's goads in this arcs, and with the Senator's pod help we almost. got: the bill this year. He worked hard and tenaciously for this bill, and caught a lot of flack as a result — a word (or note) of than would be most appropriate. Finance Committee co-gh= Eileen MacLean and Ron Larson in rite House and Drue Pearce and Steve Frank in the Senate did>;t't give us all we sought, but they were ab ays ;accessible and open to our arguments. Chair Harley Olberg of House Community and Re S oaal, Affairs and his committee members (Representatives Sanders, Williams, Toobey, Bunde, Davies, and Willis) displayed a real interest in local governmegnt and a concern for its success. For our "uphill battler award," we nominate freshman Repramtative Brian Porter of Anchorage, who carried the amendments that would have given us the Registration Tait revision we wanted. While we didn't get all we wanted, we. did make progress, and without Represcatative Porter's "against the odds" effort, we wouldn't have. When your representative or senator gets home, make a special wort to thank the person. Party and house aside, they all worked bard, sometimes to good effect, sometimes fruitlessly, in an effort to achieve something they thought to be worthwhile. That effort AML L4gida m DUAWR #k18-9 May 14,1993 alone deserves recognition. Do say wrbank you." That said, it is appropriate to romimd thowtbat next session will soon be here and that some important local government issues were not bandied this year. About Next Year In every important sense, the 1994 Legislative Session has begun. Its agenda, in terms of bills to: be considered, has to some extent been shaped by each legislative decision — and there have been a number of them — to put a given bill over 'til next session. Some municipal legislation — most notably the Open Meetings Act amendments — is in this situation. Also in this category is the Senior Citizen and Disabled Veteran property tax exemption repeal. The destruction of the well -crafted bill on this subject that emerged from the House was a mistake, and the whole' issue of tax breaks for all, regardless of need, should be revisited next year. The time to make the point about both of thesebills is NOW — right after the legislators get home. They did wrong on these two items, and they treed to be told that. They also need to be told that local officials expect them to for these matters in 1994 -election year or not. When the legislators do come back to Juneau nett January 10, it would be well if they brought with them a clear understanding of local officials' goals in these areas and a strong desire to accommodate them. That can only be achieved by direct and forceful presentation of local government's situation and the need for these items to be enacted Throughout the session, local officials have been active participants in the effort to get AML priority legislation enacted. Your telephone calls, personal visits, letters, and legislative messages have been greatly helpful in advancing the cause of the municipalities. Each of you v bo made an effort in the prooms made a contribution to a positive end result, even in those areas where we will still have work ahead of us next year. On behalf of the AML Board, Legislative Committee, staff, and all affected by the legislature's decisions, I would Re to thank you for your effort and your support of the League's work. Page 3 SCORE: 2 WINS — 2 DRAWS -- 2 DOWN BUT NOT OUT Open Meetings Act CbrUkadon and Amendment The Aladia Municipal'Le"m asks the legidature to dw4 the Alpdm Open Meetings Act (AS 44.6W10- 312). Curhapap Is aubjed to subaal ink. Tice League supports clarilliation and-weide[cmim of pro dde s of the Act, hndMhW - defining what constitutes a "meeting" assuring that pobik bodies Jim the ability to act In an emergency and cwnsa twith legal counsel in pate clarifying that more than one member of a public body can disease issues with notate or public otiidals at the saw dot - that ptrari Wes of the Act do not apply to administrathe Outmembers expanding the "of tb * courts to determine remedies for viq x1l nas of the Act - pr"Wing for suits againat municipalities, not indlviduah 4 in as of adieged vioiaition The Open Meetings Act amendments, SCS CS HB 254 (Rids), died somewhere between Senate Rules committee, which it passed, and the Senate floor, which it never quite reached. At the time of its demise, this bill represented the legislature's Closest approach yet to the desires of the League and the Municipal Attorneys Association as expressed. in AML's Resolution # 93-1. It has also been the subject of one of the most active disinformation campaigns your Evocutive Director has witnessed in twenty -some years of work in the legislative process. From the first editorial on this subject — written, the author later admitted, without having read the bill — to the heavily edit "stories" by the capital media corps throughout the session, the press has abandoned its role of reporter in favor of advocacy on this issue. One-sided coverage, slanted reporting, loaded language, and misstatements were pretty much the order of the day in coverage of this issue. Posr 4 Unfortunately, "Preedom of the press," as WMiam Rasdalph Hearst is repotted to bove remarked, "is for the man who owfls one — or, is -our tittle, one who owns a broadcasting Abd ty. AMA., does not own a printing press or a radio or TV station - our strength lice in one-on-one, live-to-igoe discussion of reality at the local level. Our only way of Counteracting the kind of campaign the press has been conducting, and our beat legislative tactic, is to nail down each and every misimpression with each and every legislator and, to the meat possible, with the press at tbt local level. This is a slaw and time-consuming process, but if done well the bons taught wHl stick, and we can arm the legislators wifit the information they new to defend against criticism for hdping to ft the current MOSS. Some Specifics: The press said that if a "quorum equals a meeting" definition is adopted, groups of five or sir; ofift : will be meeting behind closed doors all over the state on all kinds of things. The truth is that 159 of the Alaska's 165 itt o tporated municipalities have governing bodies of saver or fewar members - so a mmamim of three local offidals Could encounter one another without it being a "me eting." Only three Municipalities — Anchxage, the Fair nnb North Star Borough and the Northwest Arodc Borough — have eleven -member governing bodies, which would mean that a maximum of five persons at a gathering would be permitted The "majority of a quorum" standard, wbieb was offered as an alternative to AML's proposal, would arena that not more than three people Could talk in Anchorage or the Fairbanks North Star and Northwest Amic Boroughs; no more than two in the overwlhelmming majority of municipalities; and none at all its five -member school boards. The press said that if a gathering of local officials equal to one loss than a quorum is OK (AML's position) then the group that met — legally but privately — need only talk to one ether person to control eouncWassembly decsions. The truth is that such a'practice is a "meeting in series," is illegal now as a carcctmvention of the Open Meetings Act, and would remain so under all of the bills we have sun. Yes, it is possible — no matter how "meeting" is defined — but it is illegal now and would not be authorized under any bill introduced. If people are determined to violate this at any otherlaw, they probably can. But I think we need to flatlyand ANZ Le ish im DaWn #18.9 May 14,1993 aggressively eject the Pro tbat,.kical of icaiah are willful violators of the law. This kind of statement is an attack on the p==Q integrity of everyone in local of5m and should be bandied in that way. The press said that if authority. is granted for local government to sooner wish its lawyers in eoaaitive session, "they can taut about anytbing if they can get a lawyer in the room." JU truth is that the purposes for which a 000tive sessions may be called are statutorily limited to a few narrowly defined hates. Additionally, both current law. and the proposed SC.S CS HB 254 (Ruin) provide that if subjects are to be discussed at a meet4 is executive session, "the meeting must first be convened as a public meeting and the question of balkling tan executive session to discuss matters that �JkW [COME VVITHIN THE F.Xi�,MPTTONS tC0 �►It�TEDj in (c) of this section shall be detod by a majority vote of the ROVeTn1nQ beady. Subjects may not be considered at the executive saw aaaapt those mentioned in the motion calling for the c:ccutive session.-." (from Sec. 2 of the bill, amending AS 44.62.310(b)) It seems pretty clear - the eounciftnenbly can only call an executive session by voting to do so at a public meeting and must announce the subject matter of the session and stick to only that topic. The press said the bill would create a new authority to act to settle lawsuits or adopt labor contracts in executive session. 11m fact,a that the bill gates the ability to direct legal counsel or labor negotiators in an executive session. Introduction and adoption of an ordinance im pienenting the. direction given in executive session am sqpomw.actions, which must be taken in open,sessim It is absolutely essential that local government have the ability to discuss certain matters in etiecutiae session. If the "other side" in a lawsuit, a nlatio�n over the purchase or sale of property, or a labor negation can learn the public agency's "bottom sine" for settlement of the issue, the public is going to pay at least that price. If dociding what the municipality will pay and telling the attorney or negotiator what to do is "action," then the statute must authorize it. AM L.airkds Burin #19-9 May I4,IM Funding for Manicipsd Assistance and State Revenue Sharing Progeants TU Abu" Municipal L "Me requests that the Maabdpai Assistance Prdsmas (AS 29.60.360) and State ROWPnue Shsdmg (AS 29 "18) praipsns be fteded 94 the FY 93 imd 1do= far Municipal Aselatance and 7i1,= tar Rdm Sharing in rODNP d*m of the states 11 01 7 to share Adman's public resources gaitaW to benefit its cidnaos and to bdp local prmoments provide esum" services is Alaia's citiaees at the koew level. Funding for Municipal Assistance and Revenue Sharing took another hit this year, but not as large a once as the Governor had proposed. In his attempt to present a reduced budget to the legislature, Governor Rickel had included a 25 percent in each of these Program of municipal support. Legislators understood the importance of this funding to help municipalities provide basic services, however, and limited cuts to only 7 percent. Municipal Assistance was funded at $39,912,066 and Revenue Sharing at $32,80 A%. While this result is better than it might have been had the Governor's proposal been accepted, two important points need to be made. First, the Governor has the authority to cut budget items from the appropriation level - local ofilcials should contact Governor Mickel to acpr man their support for the legislature's action in funding those two programs and ask him to act soon an the. budget bills so that they will know what funding will be available prior to July 1. Second, the Governor and the legislators nevi to be reminded that the 7 percent cut is not an isolated attack on these programs, it is just the latest in a series of cuts - Municipal Assistance has been cot nearly S1 percent since FT 85 and Revenue Sharing, over 45 percent:! Pap 3 Education FoaamrdOa Formula Funding and Revision The Alaska Municipal Lsag■e requests fail finding for the Education Fouadadon Formula, the suite's "Oft adea towad the costs of "Medial public da calloi4 in recooddwa of the suite's erhnstitadonal obiiggdon. M p ooMe education for all of Aladoes children. As of Jmuswy 1993► flea finding for FY 94 is 0900 lM at-$&4723,100. The Lague also supports an leaaase in the itmtruelional salt value to $ and doinoodden of s meaniogfislscma tax to help fend edaadoa. Addidooally, the Leapt supports d1bris to revise the formals to enhance funding adego"7 Md "WAY. As reported earlier, Governor Hickel signed SCS HB 45 (Fin) - Education immdation and school debt reimbursement fnadbg, on April 6, ensuring full (and early) funding for the foundation formula and for debt reiatbursetaertt for FY 94. Legislators opted to deal with the education cation funding issue earlier than in recent memory, gives school districts the advantage of more compicte information when they were preparing their budgets. Generally speaking, although the mood of the legislature was to cut back on formula and operating types of expenditures in favor of capital, education was strongly supported, both in the operating and capital expenditure plans. Funding for School Construction Debt Reimbursement and Construction Grant Program The Alaska Municipal ague supports full handing of the states obligation to pay its share of school constructiondebt incurred by municipalities prior to 1990 under provisions of AS 14.11.100. The cost of meeting that obligation folr FY 94 is estimated at Just over $99, million as of "late January 1993. The League also supports funding for construction of Priority 1 through 6 projects under the School Construction Grant Program (AS 14.11.005 - AS 14.11.019) through Issuance of state general obligation bonds. When the House and Senate "working group," an informal and unofficial but, ultimately, very powerful group that consisted of Senators Pearce, Frank, and Rieger and Representatives Larson, MacLean, and Hanky (with Ulmer sitting in during toast sessions) finished fts work, many of the needs of Alaska's communities for schools had been addressed. The ultimate solution to the disagreement between the houses on whether to fund construction with cash or to reimburse bbndbd inddbuednees was to do both. CS SB 7 (Fin) ass 8 esitablipes two now programs, a sehed mrdor s esiammeam grant program to parallel the school cbn$UUWM grant program established by HB 37 in I99Q and a new debt refmbarsthsherst ps+og,Ram. In a victory for the administration, which has been pushing the concept of local share or thatch as a way of ensuring local responsibility for all" a of grants made to communities, school dktricts will be required to provide a match for grants uniar either the maintenance or construction programs — matches will range from 5 to 35 percent depending on the district's full vaWADM. REAAs wlil the f equired to provide a 2 percent share. Another important change mice relative to grants for school construction' was the creation of a Bond Reimbursement and Grant Review Committee to review and approve priority recommendations made by the Department of Education, establish criteria for grams, and generally overft dt programs. The committee will incltxie individuals with school construction eagw1ence and with school facilities management eatperience. CS SB 7 (Fla) am H also calls for the establishment of a new debt reimbursement program. Authorization is given for re I I mrsement of 70 percent of debt incurred for school construction, up to a total debt of $250 million- Of this amount, $133 million is allmted to A acharmp and $67 million to Fairbanks. The remaining SM million will be available to all other municipalities in the state that may wish to bond for school construction. Fairbanks and Anchorage twill have three years to use their allocation; if it is not used by therm prior to that it will be available for use by other districts. For the time being, municipalities will be required to bond for the entire amount of construction projects, and the state will, depending on the appropriation process, of course, reimburse its share of the debt from current year assets. If a constitutional AML L rWat re Buftin #18.9 ' Page 6 May 14 M amendment croating a dedicated school construction and main a fund were adopted by the voters, the Municipal flood Back would, be authorized to issue bonds for the stow's share. HCS CS SB 60 (Pis) asss H appropriated S172 million for the construction and maintenssoe accounts, with 44 projects wavamd by the construction portion and another 28 pojects slated to be funded from the major mainsenassaa account. Ham leaders, speaking during floor debate, said that this toot care of all the Priority 1 school soak and most of than in Priorities 2 and 3, as well ss,a few in Priority 4. Although the most pressing needs were taken care of by the appropriations fn HB 60 and more state resources won dedicated to education construction than in recent maomory, not everyone was happy with the result. Larger districts received some funding in the cash progtaM,but an expected to benefit most from the debt taimbursaDaeat proposal. Both the equity of this allocation of debt authorized under the proposal and the one-year commitment of cash (to mostly rural areas) vs. the multi -year commitment to debt reimbursement (fox' urban areas) ware debated hotly in the swion'a fi d ihour% with Repr=cntadvers Navarre, Dwri6m Hodgman, and Carney expressing their disappokMant with the agreement. All in all,_howover, the legislature demonstrated its commitment to investing in new, aspanded, and renovated awbools ale Is to be commended for its efforts. Revision of Municipal Motor Vehicle Registration Tax Schedule The Alaska Municipal League urges the legislature and the governor to support legislation to revise AS 28.1QA31, which oatsblisbes a schedule for the municipal motor vebkk registration taz The schedule, which was established in 1978 and has not been changed since than, needs to be revised to reflect changes in the value of motor vehicles and assess ownt! levels. Revising the schedule will allow for greater equity in taxation of vehicles compered to other forms of personal property. Near the end of session, the House amended SB 99, an omnibus fees bill, to include a 10 percent increase in the Motor Vehicle Registration Tax (MVRT). AM L4gidWbr BoMiw #18.9 May 14, M While ptcwiftl a little additional money for mtmidpalities that participate in this program, the increase is nowhere near the JS pwcent6w for two yawn increase; the League bed supported. Nor does it adequably address the Inequities in the taxation of different ftms of petrsmol property. In ©onjun Won with three 10 petaw increase in the mgisltation tar;, the staters dare (collected to cover admh* iaa of the program), also increases from 5 percent to 8 pevoent. This will leave mutnicipatities with an increase of just over 7 perroentl Senior CltixenslDisabled Veterans Property Tax IE a aalidw Mandate The Abu" Municipal League supports legislation to solve the praMem of than nefeeded mandate imposed on municipalities by AS 39.4 A^ which, establishes the SeWW Chisenwaso led Veterans Property Tax Exemption Propum. TUe Laagee supports replacement of mandated municipal party to exemptions with a direct she rebate program for gnalilled senior colinus and disabled veterans who paid real property trines an 0096ed property. This has not been a great year for older Alaskans, who are confronting the loss of the longevity bonus for future seniors and the possible loss of the municipal property tax awmption mandated by the state. But for chance, the latter would have happened this year. In addition, social service programs for the disadvantaged are being reduced, removing some portion of the "safety net" which might otherwise have been available to seniors in financial need. H8 66 would have repealed the state mandate to exempt the first $150,000 of property owned and used as a primary residence by a senior or disabled veteran. In its place, the bill would have provided local options to exempt property, to defer collection of taxes, or provide relief to these groups through some combination of exemption and deferral programs. This would have enabled keel governments to create programs that responded to local circumstances and provide relief to those who need it without making a gift to those who don't. Under the current structure, local government must tax a poor and struggling younger family while aneadiag a trot exemption to older people whether or not they need it. Pair 7 The mature made : its way all the way through the House and the Senate, was passel by the Senate and then, after a dUh between the two bodies, was killed by the Senate to "send a masage" to the House. What is particularly frustrating in this situation a that had the bill been pawed a day or two earlier, it would have been safely on its way to the Governor, a day or two latex and it would have still been in committee and not available for use as a 'bressage." This was a bad break for local Sowernme;at in„that the legislature, having cut off tba 9 Donut this year, may be reluctant to fattbar arouse the seatiore im in 1994 — especially since the state has no financial stake in the issue. SB 102, the Senate version of the ball, can be worked next session, but given that it is an election year, passage would exrt d* be an uphill fight. Because of his desire to repeal the program, ft Governor had not included any funding for it in the FY 94 budget. Hoene members concerned about the effect of this decision on municipal finnan, under the leadership of Rotative MacLean, did provide S 1.5 million to reimburse 11111nieipelMM for the cost Qf the homeowners program for FY 94 (municipal tax year 1993) and that figure was adopted by the Conference Committee. While that a better that either the Governor or Senate supported, it a still only about 10 percent of the cost of the program for this year!! Budget News:: The Republican -led 18th Legislature came to Juneau determined to cut the budget and, indeed, the Operating Budget, which includes funding for state agency operations, transfer and formula programs, education, and loan and debt repayment, was, at $2,358,700, slightly under the FY 93 appropriation level of a2,372,300 (not counting supplemental appropriations). However, total spending soared as the legislators approved the largest capital projects budget in over a decade. Capital spending elements included $172,200,000 for schools (HB 60), state agency capital expenditures ($339,200,000 in SB 183), $80 million in Pear 8 legislative discxetionmy greats (SB 183), $20 million for the nearly approved OTM matching Scants program (authorized in HD 124; funded in SB 183), and 592,000,000 for new em ly intertied (SB 126). This spending level will require use of nearly all the British Petroleum settlemm money MM million) during FY 94. In addition to concerns about spending this one-time windfall all in one year, some legislators and observers of the state's political and economic some are worried about putting so much money into the economy in ow year. Will the state's design, engineering, and eon companies be able to handle it or will the infusion of capital attract outsiders in a repeat of the booMbirut cycle so familiar to Alaska? According to now reports, few legislators realized that they had authorized expenditure of so much of the state's resesim — in response to ciitiaam of their actions, the Governor, who is known to favor expenditures on construction projects, has suggested that legislators and others let him know which capital projects, ` within their districts, they would like to sae vetoed. This year's budget and adjounm a nt plan process was interesting. After Conferena Committee (on the Operating Budget) work slowed to a Laic and the House adjourned and ,then U44ourned, House and Senate leaders finally agreed to work together. A "working group" was appointed to negotiate on a funding package, including which bills would include which elements, what fundittg levels world be taken back to each house for approval, and how the bills would be moved through the process. The working group, composed of Representatives Larson, MacLean, and Hanley (with. Ulmer also participating) and Senators Frank, Pearce, and Riegeor, met over the course of several days and worked out compromises. Sim it was an unofficial group, howeNer, each decision bad to then be tad = back to the caucuses in each house and taken through the c7on imittee process on each side. In the process, several bills were combines anti recombined, which mattes tracking any of the appropriations legislation a little difficult. For those looking for speak information, here are the appropriation bills and what was kr Aided in each: IEIB 45 - education foundation formula, debt reimbursement, and single -site funding for 12 of 21 sites. AW Lgisbdm Bye #F18.9 May 1.4 1993 fi HB 55 - operating bWIJeI, loan p WMM ciPcooes HB 66 school a xv&ucdm and maintenance grant funds and dqb-dW hWdiPg for 9 remaining school districts (also included in HD 55) SB 126 - power intestic Projects SB 163 rdsppmpdations and supplemental, aPPtapriai to and fmm Abvaka settlement fund SB 193 - capes Projects (including legisktive discretioaaatg), capIN matcching grants Program, restoration and oil spill rpill oote projects MZ',L4*h gim Pasrd NOTE: Legislation of special significance or that changed is the MAI days of session Is highlighted here. See the Indelt (attached) for a list of other bills of municipal interest that passed the 1993 legislature. SCS CS HB 124 (Fin) am S - Capital matching grants. This legislation, a priority of Governor Hickel's for the last three years, passed in the final days of the session. It establishes a Capital Project Matching Grant Program. An appropriation for the program of S20 million for FY 94 was included in SB 183. AML had bead supporting the idea and worked with legislators and the administration to improve the original bill Under the new program, municipalities (and unincorporated communities) will receive a minimum of $25,000 each year the program is funded to use on a pre -approved Est of capital projects, provided they have the required Match. iUe level of entitlement under the program will be brined on population, with an adjustment fac:tbr for the smallest communities. Each year funds will be allmted to an account for each community, and funds can be accumulated for as long as five years. To get money from their capital matching grants account, communities will have to provide a list to the Office of Management and Budget in October each year (provisions for the current year will be different - - see below). The Governor will then include these lists in the capital budget for approval by the legislature. Each draw from the matching grant account will have to be matched by the community — required matches range from 5 to 30 percent, depending on the population and, in a few cases, the .IML LRl"m Sualiw N1&9 May 14, M wealth of the community). In general, municipalities with a population of 5,000 or mov will be required to provide a 30 percent notch these with a population of 1,000 to 4,999 a match of IS pwanst, and those with a population rather 1,000, a match of 5 percent. Unincorporated communities pities will ban to provide a 5 percent match. Matcbes can be satisfied with a number of things, Wduding labor, materials, or equipment used directly in the construction of the project. Land may also be used as a match. Not more than 10 per+aent of the amount received from a community's account may be used for administrative costs. Projects on which the funds may be spent are those with a cost exceeding $10,000 to ac"m or improve an asset with an anticipated lifespan of mane than one year. Land acquisition, construction, repair or structural improvement of a facility, engineering and design for a facility, and acquisition or repair of equipment will all be eligible. AML was successful in defeating a stove to require matches for all legislative discretionary grants and etcpaoded authority of the administration to regulate those grants. For FY 94, municipalities wishing to use their initial allocations under the program will be asked to submit a list to OMB. In an effort to retain legislative oversight, each list will have to be approved by the community's representative and senator. OMB has begun work on itaterim regulations and will be contacting each community soon with an explanation of the new program and the application process. It is uncertain how long it will take to get the money distributed, but OMB has indicated it wants M get it "on the street" as quickly as possible. Municipal officals should be thinking about a project or projects they may want to do this year or whether their project requires saving up their allocations, and match money, for a longer period of time to undertake a more substantial project. SCS CS HB 167 (Jul) am S - Air quality permits - In the final days of the 18th Alaska Legislature, SCS CS HIS 167 (Jad) am S, dealing with air quality permits, passed. This was a top priority bill because without its passage, federal highway moneys would have been in jeopardy. Pair 9 The *Oft ion an out the procedures for appWft and receMag aft quality permits. It allows the state to set standards that arse mum stringent than Woral standards and sew up dassifications of facilities and sources.. The Bnvirci>amontal Protection Agency will have review authority on every operating permit (not construction permits). The bill also sets up permit and annual emission fees, which are based on the quantity of air contaminants emitted The purpose of the emission fee is to distribute the costs of performing those functions of the permit proram that bent or assist all permit holders. These are indirect costs of the program and include costs such as rent, utilities, accounting, the small business assistance program, and working with EPA to erasure that new federal laws are reasonable for Alaska situations. The Alaska Department of Environmental Conservation will revise the fee structure after the third year. The department will also be able to assess interest for late payment of permit foes. The legislation allows a small business assistance program to be established to assist affected small businesses in understanding and complying with the requirements of the Clean Air Act. The program will be funded from revenues generated by emission fees. Another section of the bill establishes that a municipality or local air quality district may establish more stringent requirements than the state, but precludes kocal tents from collecting air permit fees. Financial ampstarioc may be provided from the state Clean Air Protection Fund after legislative approval. Regulations will be developed by ADEC. Questions on the new legislation should be directed to the Air Quality Manageaent Section at 465-5100. CS HB 264 (Fin) - Fisheries landing tax. This bill, which provides for a sharing of landing tw= with municipalities, was one of the last to finally pass the Senate. Strong opposition to its passage from representatives of the factory trawlers (based primarily out of state) nearly sank it, but last-minute Senate action and a reversal of votes saved it. Court challenges have been threatened by opponents, including the food giant Tyson Processing, which recently acquired a large Seattle -based factory trawler Paso 10 fleet and had tired several "big gun" lobbyists to defeat the maasum Support eame From Alaskan. based processors seeking a "bvd playing field (or sea)" with regard to taxation and from municipalities. This was a high priority for coaeml communities, both because of the revenue they will roccivt and because it provides some protection for their local processors. HCS CS SB 97 (Fin) am H - FAhu ed 911 emergency m"rdng rya. Bill passed the House on 50 and now awaits the Governor's signature. It will enable local governments to develop, manage, and control enhanced 911 systemic, establish methods for the payment of costs rof spy sytstet®s, and establish broad protections for tettiag up and operating such systems. A municipality moy establish a surcharge to fiend an enhanced 911 system; for those over 100,000, the surcharge may not exceed 50 cents and for those with fewer residentsit may not awced 75 cents. This legislation was a high priority for both the Kenai Peninsula Borough and the Municipality of Anchorage. CS SD 106 (Fin) am (eW fld) - Traoskr of AEA programs, andmwizing internee,, etc. Among other provisions of this bill, which was controversial, is a transfer of savesal projocts currently managed by the Alaska 1 txrgy Authority to the Department of Community and Regional A&Irs and the phaseout of AEA Among the projects transferred to DCRA are the power project fund, the rural ciectri5cation revolving loan fund, and the power cost equalization (PCE) program. A Southeast energy fund and a ,Four Dam Pool transfer fund are also established in DCRA, as are the bulk fuel revolving loan fund and an electrical service artension fund. DC RA is established as the agency to provide technical assistance to rural utilities. PCE payment levels are reduced and a separate fund — the power cost equalization and rural electric capitalization fund — is established. AA& Leiire Bu"x #t18-9 may 14, 1993 MAN SifibmW Upddo Jude tI AG GOIn Last-Mileute I. a Bhft ad 2 May saqrt the Brash at based" As municipal leaders have probably heard, Fairbanks Superior Court Judge Greene ruled recently that there were sonic problem with C h. 66, the Mental Health Trust settle zuent enacted in 1991. The problems iitm an two issues - unooetstitu onwl deli ttion of autliti ty to prepare the hypothec ded land list (because of the lack of expressed staagarmis) and the applimbility of planning and c huffl ation provisions of AS A04 and X05 to conveyances of land selected under C IL 66. The legislature had been working a little on the Mental Health Lands Trust issue during the aes:ion, with representatives for time groups that are prousting the Ch 66 settlement lobbying in support of a inm settlement, one that would have dedicated an income stream of either 3 percent or 6 percent of the General Fund to me" irlstlRth in perpetuity, in addition to returning some 5fl0,000 acres of trust land that has not been granted to others. The administration opposes this approach and Attorney General Cole said the Governor would veto any such proposal. After Judge GreetWs derision, Cole proposed amendments to Cb 66 to remedy the "infirmities" found by Judge Greene and the Governor induced solution of this problems on his last-minute priority list. Cole inBrrrted the Senate Finance Committee that if the amendments were not adopted, thus allowing the courts delleerations to go on and, ultimately, moving the case to the Supreme Court for a final decision, he would be forced to move to reconstitute: the Mental Health Trust. COWS position is that the plainriffs will likely pull out of the agreement, the state wig continue to be in breach, and he will have to move to recapture the lands transferred to individuals and municipalities. According to Judge Green, over 93,000 acres (888 parcels) have been transferred to municipalities. When the bill (CS SB 67 (Fin)) was moved to the floor there was lots of confusion about what the administration's position, was, i.e., whether it was crucial to pass the amendments to Ch 66 this year or AAIL Leji"m BuNWx #►I8-9 May 14, 1993 whether the issue should be disotased further. LgislatMe loaders =wUng to intrtmiuce yet another oontcove niah topic during the se nion's final days apparently co rAMd Kew administration officials that the issue sbotrid not be coed now, and the bill was and the bill was returned to the Rules Committete. The questions still remain — will the plaintiffs pull out of the agreement, as Colt esqXCts, and with he then move to mcionstitute the Trust? Can such action be postponed until after the 1994 Legislature has had a chance to study the issue ftdw? Will a legislative decision stand up without court action eventuality? Is the C h 66 settlement, which is at WW part way along in the court process the best alternative? What will happen to municipalities if Attorney General Cole hooves to reconstitute the Trust? Municipal officials with Trust lands should consider this issue, find out more about what is happening, consider what type of action AMC, should take, and be prepared. There is same talk about asking for a Special Session in the fall to deal with the issue in isolation and without the information overload that so often happens during the session. If you have thoughts on this, please contact AML staff at S86-132S to express your opinion. New Bft In The Hoare HB 297 - Manidpal property tax limitations. Introduced by Representative Larson on 420I93- Adds a new section to allow a general law municipality to impose limitations on the amount of property tam that may be levied by the municipality. Identical to SB 191. Referred to Community and Regional Affairs, Judiciary, and Finance. BB 290 - Emmpting certain sport ofcials Lem workers' compensation comrallc Introduced on 4/22 by Representative Mulder. HS 290 adds a new section to awrapt sports off ckh who officiate only at sports events in which the players am not compensated from workers' compensation coverage. Referred to Labor and Commerce and State Affairs. Pace 11 HB 364 - Rdaling to ewevg=3 phundog and resposlntroducedbyRepta se. sentative T harrisult on 5/9. This bill maim wvwW cbanges to the way emersoxy pla nft and response action are handled by the state: Tbas State EnwrVo3cy Response Commission would be transfeffed to the Departtnetu of Military and Veterans' Aflsi w The bill trandas responsibility for establishing and maintaining emergency response depots and the all and hazardous substance response carps to the Department of ErnironsaranW Comantion and clirminates a requirement that the state and regional on ditc4up prevention and continpacy plant be revised annually. Referred to Coomisipji*y and Regional Affairs, State Afairs, Resources, and ftiance. In the Senate SB 202 - Removal, appropriation, and purchase of state water by municipalities. Introduced by Senator Miller on 421. Exempts municipalities from being charged a fee for using state water. Referred to Community and Regional Affairs, Resources, and Finance. SB 203 - Requires ani6ed municipalities to provide police protection and law enforcement services. Introduced, on 421 by the Senate Labor and Commerce Committee in response to the Hillside police protection issue in Anchorage. Referred to Community and Regional Affairs. SB 20S - Comprehensive Health Insurance and Payment Reform Act of 1993. Introduced 4124/93 by the Health, Education, and Social Services Committee. Comprehensive health insurance package. Referred to Health, Education, and Social Services, .Judiciary, and Finance. SB 211 - Amends the definition of subdivision and street. Introduced by the Resources Committee on 515. Changes the definition of street to mean an access way in common use including all of the land lying within a dedicated right-of-way as delineated on a plat showing streets, whether improved or unimproved. Changes the definition of subdivision to mean the division of tract or parcel of land into two or more lots or by the creation of public access. Referred to Transportation and Community and Regional Affairs. Pear 12 SB 214 - Allows commmsidu 10 probiMt the sale of P804SM and lire mg 1 4060 of pal14W games. Introduced by Senator Lincoln on 5/8. Allows communities to hold a local option election to prohibit the ",of pull -tabs. Referred to Community anti Regional Affairs, Labor and Commerce, and Judiciary. SJR 34 - Constitutional amendment on right to keep and bear arms. Introduced on 427 by Senator Leman. Similar to UJR 40 and does not include language allowing the legislature to define and punish misuses of firearms or exempting existing laws. Referred to State Affairs, Judiciary, and Finance. AML Position: Oppose (93 PS ID.F.11). Mnni c ipal News. AML Board Takes Action on Membership Question At its meeting in Juneau on April 21-22, the Alaska Municipal League Board of Directors voted to establish new procedures for the distribution of votes at the annual meeting. The Board wanted to recognize the size of a municipality in allocating voting power among the AML members. The new structure will be based on an eight -vote spread, from the smallest jurisdktion to the largest. The structure treats dues and service fees as being identical and is based on AML dues. For example, a municipality which pays under $1,000 in dues will have one vote. The amount of votes increases with the amount of dues paid, with the larger municipalities receiving a maximum of eight votes. A change in the League's Bylaws will be necessary to implement the change recommended by the Board, and detailed information will be provided to members prior to the annual meeting in November. Vacancy on AML Board of Director The AML Board of Directors is seeking applicants for a vacancy on the Board from District 1 (most of southeast Alaska except Juneau). AML members AML Laritbdre BuLdin #18-9 May 14, 1993 from the district are encouraged to consider nominating an hidividual to fill out, the balance of the term, which spines in November 1993, wirers new directors will be elected during the annual conb reaoe. The AML Hoard of Directors provides leade ship for the League, overseas AMI. and its programs, and, in conjunction with the mciaalm of the Legislative Committee, develops and carries out the Loagtte's legislative program. Serving On the Board offiata an opportunity to n*&. an L ,Portent contribution to local get throughout Ahab nx AML. Board mom 4-5 .times per year. In addition. teleconferences of the Hoard are scheduled when necessary. Mombers are expected to attend all meetings of the Teasel. For further information or nomination forms, phase call 586-1325. 1* deadline for receipt of nominations is June 4, 1993. Summer Board Meeting Sebeduled for Sitka The summer meeting of the AML Board of Directors will be held Friday, August 20 and Saturday, August 21, at Sitka's Centennial Hall. The Alaska Conference of Mayon will meet prior to the AML Board meeting. The ACoM session a scheduled to start in the early afternoon on Thursday, August 19, and continue through the morning on Friday, August 20. The Board meeting wol begin about noon on Friday and continue through Saturday. Rooms have been reserved at the Westmark Slice Atika. Reservations can be made by calling 747.6241 and identifying yourself as a member of the AML group. Rooter v&be 589, tingle or double. Rooms in Sitka are in short supply in the summer, and the room block will not be held after July 18, so call now! More information about the meetings will be available later in the summer. AW Le;imk" DUNS& #1&9 May 1 4, 1993 VENAMPOTNA AM TO HOST'93 CONFERENCE At its April meeting, the AML Board of Dire+ews acegstad'theAMMon alike Kenai Peniaft, DWOW1114,00 Lift Of Key w steel Soil�ltsd 'ilbltt tilslr' 9rd AAWAI Local dr'Lbs its Noviamber. The itte ht;I 10-1% with k ho N ember 7 tbro* 13. The Board of Dhatws 'appreciated the emhtssf ak tapaose of the area's residents and the ioeeeat to b=ft aboom 'in the witatiM lmmn ibe.eoattMpities. AD Local G n , mean t Cookwum Week maMties will be b0l in `tine area, 90 -moose new evems are planted. Watch your mail for more fnl uiation on Cont rcuct 93 - KenalMoldotna and mark your calendars now for the week of November 7-13. Page 13 New Video an LmM Regalatlone Available Strict new federal regulations governing all new and expanding mtu pal WE go into COM in less than sit 'mootbs. Fkd ty Ox Complying with the regulations, kntm apt Subtftle D of the R,eaot = Conservation and Re mory Act (RCRA), can be obtained #u EPA-ap provW state program. ICMA is 6&rij a ZS-n mute video, Do4e m R- A LandyM Update, which provides an overviow of the regulations and helps local govnxaments to understand what decisions tbey will have to make before and after the October deaftiI: Tire video portrays bow two counties and oft small, cry successful met the challenges of Subtler D. Options explored include privatizing your bait, going to a regional facility, or going it alone. The most sigmi =t oasts under the new regulations will be associated with design and financial requirements. New units will have to be lined, have leachate and gas collation systems, a final cover, and ground water monitoring to continue for 30 years after closure. To prove their ability to pay for monitoring and corrective action if contamination is found during the post -closure period, municipalities will have to demonstrate financial assurance. This requirement can be met in several ways such as buying insurance, taking out a letter of credit, or passing a local government financial test. Funded through a cooperative agreement with the U.S. Environmental Protection Agency, the video features commentary from EPA's Director of Solid Waste, Sylvia K Lowrance, and showcases the views of local officials on this costly new solid waste program that will protect our ground and surface water sources from landfill contamination. To order Deadline on D. A Landfill Update, call 1-800- 745-8780, item number 40920. The video costs $15.95, plus shipping and handling. For further information, contact Environmental Programs project manager June Beittel at (202) 962-3615. Peke 14 Communky Development Coordlnabor - Labe and Paden nle Boroq* (Planner/Grantwriter/Assistant Borough Manager). Labe and Peninsula Borough (pop.1,700) is accepting apNargoti.1 for the position of Commwoity DevelopuV at Coordinator. The primary responsibilithis of this position will be to assist the Borough Mange aid serve 'as staff; to the Borough Planning Oommbsion. Tie general duties Will inCh* amistins co tics with oweining and speCW Projects. The position will require frequent rural travel to borough aom ounhiea and a knowledge Of or experience In grant writing, community management, permit systems, finin sail record keeping, subdivision review, and familiarity with construction of roads aril ctructu es. Appiipmts must have a baebelbes degree in a pls g-relaW discipline or five years experience and possess aftmg leadership/ organizational and public relations skills. Well - developed public speaking and technical writing abilities are also required. Salary DOE. Applicants should submit a resume, Incli job -related references, to the Borough Managar, Lake and Peninsula Borough, P. O. Haut 495, King Salmon, Alaska 99613. Applications will be received until 500 pm. on June 4, 1993. For further information, call 907-246.3421. Clay Pfaaur - City of Borne Bay. The City of Thorne Bay (" 637) is accepting applications for temporary City Planner. 'This is a contract position for a special planning prof The Pig project will consist of detreloping a municipal zoning ordinance to be adopted by the dq council and related forms and flow charts, and it will require attendsnoa at public workshops, meetings, and heatitylt. Applicants must hot a planning degree or five years planning experknee and possess strong leadership/organizational skills, wall -developed public speaking and writing ability. Salary DOE. Applications with resume, including references, may be submitted to the City Clerk, City of Thorne Bay, 120 Freeman Drive, P. O. Box 19110, Tborne Bay, Alaska 99919. Further information and copy of project work plan may be obtained by contacting the City Administrator at the above address or by calling 828-3380. The City of Tborne Bay is an Equal AML 14rl"►e Bar #18-9 Mai 14, M Rstum com leaed farm oo: NACo Conference Registration Center P.O. Box 26307 Akron, OH 44319 i Conference Registration ,,,,,,,i,w,,, Chicago H&= 6t Towen Chicago, Minois Judy 16.20, 1993 Postmark Deaclline June, 14,1993 Conference registration fee MUST accompany this form and must be received before registration or housing can be processed. Sad check, voucher, county purchase order, claim or the equivalent made payable to the National Association of Counties. Please make a copy of this form for your tecoeds. Please type or print clearly all applicable information requested below. Infortration fo1kniitsg asterisks M wig appear an the conference badge. 'Name 'Name Mr/Mrs/Ms (LAST) (FIRST) 'ride 'Catmry Address City "State Zip Telephone REGISTRATION FEES: Early Bird Aduraeee Check boa that applies pwtmaeked portanseked after M SILS 5iU & ON SITE Member county attendee O $245 ❑ f275 Nan-member.aunty attendee O $295 ❑ $345 Other `ovetnmeett attendee O S295 05345 Other private sector 011320 03170 Spouse O $50 O $50 Youth O $30 ❑ $30 TOTAL "Nickname Fax AFMIA71 INFORMATION — Check boa that applies O NACRC O NACCA O NCECE O NACHFA O NACP ❑ NACTFO D NACE O WIR O NACHO O WON O NACTEP ❑ NCCAE O NAG O NACHSA D NACCO O NACAP O NACITA O NACCED Z) NACIO ❑ ICMA O NACPRO ❑ NACIRO ZI NACS ;3 NACMHD POLITICAL AFFILIATION O Republican , Democrat O Independent Spouse Full Name Youth Full Name(s) _ PAYMENT METHOD: Select one, please O CHECK O VISA/MC O P.O. or Voucher CREDIT CARD INFORMATION: (Check ate) O VISA v MasterCard Card N Exp Date: Cardholder's Name: Signature. CANCELLATION POLICY — Refund of conference registration fee, less an administrative fee of $50, will be made if written notice of conference repsaaoah cancellation is postmarked no later than )owe 14, 1993. C wella wn nqueaft patgaaae, 'June 15 or lacer. will be subject man administrative fee equal to one-half of the tt gisnation fre C ie egtce relliscrwon fee MUST semanpaur this fexmandmustbeneceivedbgd- oregbmtroncmbcpmcessmiSendadwckvcucher.countypwchmorder,madepsv"tDdwN&don lAsociationofCoumom PumhaseorderoWyh"reguaation. Purchase order mum be paid below nVoterstg for confegegtee. NOTE: ALL REGISTRATION FORMS POST7MARKED AFTER JUNE 14,1993 WILL BE PROCESSED AT THE ON -SITE REGISTRATION DESK. HC gU RESERVATION HOUSING REGISTRATION — Housing reservation must be made by completing this form. AM Arrival Date / / PM RomReservation Name Departure Date / / M Roommate Name Arrival Date / / PPMM Do you have a special housing request.' Please describe any special disability or handicap needs. PLEASE CHECK YOUR DESIRED HOTEL Indicate fiat choice with 1. Then number other hotels from 2 to 3 in the order of preference. You will be assigned the first available room rate, chest to the rate you requested, based on availabdiry at the time your request u processed. Each reservation requires one nighi s deposit. Single/Double Sinak/Double Hilton & Towers (Headquarters) ............ $119 Palmer House ........................... Shuttle.... $104 Hilton & Towers - Towers Level ............. $150 Palmer House - Towers Level ... Shuttle ...... $140 T to Congress Hotel ....... Walk ............... $ 790 Please check one of the following: 1 person, I bed 2 persons, I bed 2 persons, 2 beds Do you wish to rent a suite? NO YES (You will be contacted) HOUSING DEPOSIT — Your room reservation can be guaranteed by either of the following methods: Office Use Only Date Rec'd Check No. Amt of check Total Date entered Entered by 1. Complete the Credit Card Authorization section of this form. The NACo Conference Registration Center can guarantee your room with the hotel by your credit cars. i his 4 s the easiest way to guarantee your room reservation. I 2. Your acknowledgement will be sent by the NACo Conference Registration Center no later than two (2) weeks after receipt of your registration form. AFTER receiving your hotel acknowledgement, send that hotel a check, money order, claim purchase order or voucher. CREDIT CARD AUTHORIZATION O MasterCard O Visa O American Express Card Number Cardholder's Name Exp. Date The NACo Housing Center is authonzed to use the above card to guarantee my hotel reservation. I understand that one night's room charge will be billed through this card if I fad to amve tot my assigned housing at the conttnned M� � May 12-15 Western IaHerawe Region Contausce, Phoentr, Arisons. The theme i. "Public Lands: Under New ManagemenO The oat is SM. Call AML at 586-1325 for regiattation information. May 18-21 AWia Management Institute, Aube Lake Campus, University of Alaska Southeast, Juneau. Call 46S-8748 for trace information. May 23 - 27 International Imtitute of Municipal Clerb (11MC) Annual Conference - Orlando, Florida. For more information, call IIMC at 918-7956153. May 26-28 Community -Band Policing Conference, Kenai. Conference of Alaska Peace Officers Association. For more information, contact Don Savage, 2624M May 24, 25A June 21 SkWath Seminar - "Managing Multiple Projects, Objectives, dt DesdlioW Learn how to get and beep control of concurrent projects, competing priorities and critical deadlines. Seminars to be held in Anchorage on May 26 and June 21, Fakbanb on May 24, and Juneau on May 25. Cat is $99. CaU 800473-7545 for more information. June 3-5 Communities & Tourism 193 - A Conference for Local Governments, Park City, Utah. Sponsored by ICMA. Call (2M 962-3652 for more information. (See article in this Legislative Bulletin), June 9-10 Alaska EnvitonmenW Regulation Briefing, Egan Convention Center, Anchorage. Registration fee is $995. Call 800-93140M for tame information. June 15 ICMA Cable TV Compliance Workshop, Washington, D.0 Workshop is to assist communities in understanding and complying with the new federal Cable Act and FCC Rulemakinp on Customer Service and Rate Regulation. Registration fee is S250, which includes workshop, loneb, and wnrksbop bandbooL Call 202- 962-3575 for more hnformadon. June 21-24 National CeRified Imyatiiptallmpoctor Training Program, Anchorage, Alaska. Call the State Ombudsman's Office at 4656970 for registration materials. July 16 - 20 National Association of Counties (NACo) Annual Cc daceee, Cods County (C ldcep� Winces. Registration deadline is June 14. Registration fee $275 for member attendee; $345 for nonmembers. For additional information, contact NACo at 202-3934M or AML at 586-=- August 19-20 Alsab Conference of Mayors (ACC Summer Meeting, Sitb. Call AML at 586-1325 for mere information. August 20-21 Ahab Municipal League Board Meeting, Sitks. For more information all 586-1325. Sept. \19-22 ICMA s 79th Annual Conference, OprylaW Hotel, Nashville, Tennessee. The general theme is I-adcrship and ProfessiooaWm in a Changing Wood." To register or to receive a preliminary program packet, c ntam Michele Frisby at 202-962.3638. November 7 -13 AML LOCAL GOVERNMENT CONFERENCE WEEK, Bend/Soldota s area. Plan now to attend the Ord Annual Iwal Government Cea uvieft and related events, inclading meetings of municipal associations. the Newby Maded OIBeWs Seminar, amoral mewing of AMUJIA and AML Indent Pool, esWW* and many other activitMs set the beanUfnl Bengt Peninsula Conference information will be sent to AML Members, Associates, and AMIlatee in late Jane. Others should call AML at 586-t325 to be plated on the maWng list. AML Laida a Bvksfia #t18-9 Page 16 May 16 1993 x W G z z H J m W W zLU Q V U H W m N C? r, 0o r co r co co r m Goo Go 14 fl ►� ui v v ►• C2 Go T ago co T Gro G'o ao T d ,ri c6 c4 ch to C6 C6 rS C co C6 T Co co r co a6 Go T T Go r Go Go co T CV N N N N N N N N N N O N r T Cq N N CV N N CO 0 co r r r Go Go co Go Go r r T T T Go ao r T Co co Go Go r T T T Go Go Go Go T T T T Go r Go co r T Go ao T r z V1 In V1 fq z Q N w Q W W w N W W U U* g N Q U Q 1- 2 2 == U tZ O J U H u. 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E C E C G E G v � H O is ch c m m c m E t`17 a`a .d E E > y E U io EE U ro C c Oi N y N CL Y O G ap R{ ai N mC m 0an N E lom) l) V Y an 2 U as Q m c C - t�p� O C O Q 2 E GO C c`5 Z C C m c10 2 E E E c E o E c c c E e o � a R ) ati m fif cc a� lU cC l6 ip as s l0 J p � ` C J C m a`s h M ea v C C!! bU m C c o IOW oEcV M �Tn U C� 2 O li U s V) 2 CO R N cal chi c i M Q 2 Q tt fJC OC Q 2 Q cc 2 cr Ir cZ NC/) cn c co Cl) co ch N z O J U) w Q z W Q IZ m U z O U LU Q z W N d o O a L CD 0 C o � U! � c C ias � ac = m 0 U U y an m U G r- c c s LL ~ z II LL cr U_ W ~ a o � =5 m II C 75 cn U 0 wac E� E Q a E aD E �O U J O II 11 II II co U`JO an I i7 4-VN-� - 5 (6) (7) Reacation cabins; Si family and dW1= residences; (4) Trails; (9) Visual corridon and viewpoints; (10) Wes• (c) Permitted Accessory Uses and Structures: (1) (2) Parking ->not to mcluda large trucks or trailer vans; (3) Emential mvices (as dpOned in KMC 14.20.320(b)(28); (4) Watchman or caretaker dwelling. (d) Conditiaal Uses and, Sttuctut+es: (1) BW harbors, docks, wharfs, launching ramps; (2) H2nic6o, bed & b�, hunting & fishing lodges; (3) Foal Miles for rivar boat traffic; (4) Comveafmce or „graoery outlets; (5) Marinas, including boat rentals; (6)y (7) Chaster or guiding services; (8) RV parks; (9) Multi -family units; (10) Hotels; (11) Restaurants. (e) Prohibited Urns and Structures: Any use or structure not of a character indicated under permitted principal use or conditional use shall be prohibited. (f) Minimum Lot Iuirenments: Shall follow the requirements for the Rural Residential (RRj Zone, *b*% the 100' setbrack from slopes, bluffs, or banks as described in the Comprehensive Plan, Coastal Zone Management Plan, and Kenai River Special Managemment Ana, Elan. (g) Required Off -Street Parking and Loading: Adequate off-street parking and loading shall bad, prry dad in connection with any permitted use in accordance with the provisions of 8MC 14.20.250. (h) Signs: Signs may be allowed in conformance with KMC 14.20.220(g). (Ord. 89-1343) 14.20.150 ftiaoal Uses: (a) Intent: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use of the conditions and requirements listed in this chapter are met. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (Ord. 1504-92) (b) Conditional Uses in All Zones: (1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: S61-01/05193 14-26 CITY OF KENAI [i] Such uses must be similar to principal uses permitted in the zone; [ii] Such uses must be in harmony with the intent of the zone. (2) Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted together with the necessary buildings and apparatus, provided that the following conditions are met: [i] The benefits to the City in terms of economic development must outweigh any adverse effects on adjoining properties; [n] A sight -obscuring fence or uncieared buffer strip of good appearance acceptable to the Commission shall be provided between such uses and all adjoining residential zones and all adjoining public rights -of -way. (3) Surface extraction of natural resources may be permitted provided that the standards are met and the procedures set out in this chkpw are followed. The usual procedures for conditional use permits contained in this chapter. shall not be applicable to conditional use permits for the surface extraction of natural resources. (c) Procedure: (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shall contain the following data with respect to the property and the applicant: (A) Legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) A non-refundable deposit/advertising fee of $100.00. (2) The public hearing and notification procedure for a'conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances has not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. (Ords. 925, 987, 1460) 14.20.151 ADD ication for Conditional Use Permit for Surface Extraction of Natural $: An application for a conditional use permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the requisite fees. All applications shall be accompanied by the following documents and information: (a) A site plan, drawn to scale, containing the following: (1) Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet; S57-10/18/91 14-27 CITY OF KENAI (73) "Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this ordinance, on the same lot on which a building is situated. (74) "Yard, front" means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. (75) "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. (76) "Yard, side" means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. (77) "Zoning change" means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. (78) "Zoning ordinance or ordinances" means the zoning ordinance of the City of Kenai. (Ord. 925, 1017, 1305-89, 1306-89) 14.20.321 Bad & Breakfast EstabLtunents: (a) Intent: It is the intent of this chapter to permit bed & breakfast establishments by conditional use which is compatible with other permitted uses, with the residential character of a neighborhood, and which is clearly secondary or incidental to the residential use of the main building. (b) Provided that these establishments shall be owner -operated, not more than one person outside the family shall be employed in the bed and breakfast; rent out no more than thirty percent (30%) of the total floor area; have adequate off-street parking for owner and all guests; and shall meet all other requirements as set forth by the Planning & Zoning Commission at the time of public hearing. (c) The bed & breakfast establishment must meet all area, height, and setback requirements of the zones in which they are allowed according to the Land Use Table. (Ord. 1305-89) ---------------------------------------------------------------- S51-05/09/8914-61CITY OF KENAI NOTICE OF CLOSURE, OVERNIGHT CAMPING KENAI MUNICIPAL PARK Under the authority granted in Chapter 18 of the Code of Ordinances of the City of Kenai, Kenai Municipal Park on Forest Drive in Kenai, Alaska is closed to overnight camping. All vehicles, campers, tents, personal property, and persons shall be removed from the park between the hours of 9:00 p.m. and 6:00 a.m. Penalties for violations of this provision shall be as set forth in KMC 18.35.030 and 13.05.010. ADOPTED by the City Manager on May 21, 1993, to become effective immediately. ATTEST: FORMS\CLOSUREATC r Charles A. Brown Acting City Manager 1791-1991 CITY OF KENAI "Od G'dpddl 4 4ia�„ 210 ROAL OO KENAI, ALA8KA 9961 TELEPHONE M - 7535 FAX 907-283-3014 May 26, 1993 Mr. Douglas S. Hart P.O. Box 1725 Kenai, AK 99611 Dear Mr. Hart: Thank you for your interest in leasing space at the Kenai Airport Terminal. However, the type of concession you are proposing would be in conflict with the current restaurant and gift shop leases. The restaurant lease grants the concessionaire the exclusive right to serve food and non-alcoholic beverages at the airport terminal. The gift shop lease grants the same exclusivity with regard to typical gift shop items (i.e. hats, T-shirts, novelty items, etc.). The Airport Cafe lease will expire February 28, 1997 and will be rebid approximately three months prior to the expiration date. The gift shop lease, on the other hand, is due to expire on November 1, 1994. It also will be rebid approximately three months prior to the expiration date. I regret to inform you that your request can not be granted at this time. However, we look forward to your participation in the future on bids for these concessions. Again, thank you for your interest in leasing space at the Kenai Airport Terminal. Sincerely, Randy Ernst Airport Manager Kenai Municipal Airport October 9, 1992 P.O. Box 1079 Kenai, AK 99611 Kenai City Airport Mr. Randall Ernst Dear Mr. Ernst: This letter is in reference to the telephone conversation between you and I the latter part of September in regard to the possibility of me leasing the former Penney's Travel spot in the airport lobby with the purpose of installing a snack bar. My intentions would be to make the snack bar an extension of The "Licles Inn, providing such items as: sandwiches; muffins; ice cream; hot and cold beverages; hats, novelty items; etc.. Through conversation with you, I understand that at this time, you feel this may be a conflict of interest with the existing restaurant. I would like for to be my official notice that I desire to have first option at this purposal should the restaurant close. I personally feel that a snack bar would be no more of a conflict with the existing restaurant than the airline that gives away free ice cream, the several vending machines that provide snac.s or the Upper Deck that provides microwavable appetizers. With the hours and frequency of flights in and out of the Kenai Airport, I believe this snack bar could better accomodate it'spatrons. The Tides Inn is a DEC approved restaurant. These food and beverage products and service would be a positive addition to the Kenai Airport. Please let me hear from you regarding this request for lease including date available, terms, etc. Thank l-ou for your considertion. r Sincerely, / Douglas S. Hart 1791-1991 0 O CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 293 - 7535 FAX 907.283.3014 O N May 26, 1993 Coyle's Landing 1412 Barabara Kenai, AK 99611 RE: Hotel/Motel Room Tax Return, First Quarter 1993 Certified #P 139 410 176 NOTICE OF INTENT TO FILE CD/lL ACTION Because of your failure to respond to the May 3, 1993 letter from Charles A. Brown, Finance Director, your account has been referred to the City Attorney. Unless the above -mentioned amount is received at my office fifteen (15) days from receipt of this notice, I will file a civil action against you in the District Court for the Third Judicial District. Filing fees in District Court are $60.00 and service fees are approximately $26.00. If you were to default or not prevail in the action, you could be liable for these fees as well as a reasonable attorney's fee, in addition to the taxes, interest and penalties. Send your completed return, the taxes owed plus 10% of the tax as penalty upon receipt of this notice to avoid legal action by this office. Very truly yours, CITY OF KENAI C R. Graves City Attorney CRG/sp (Copy also sent via first class mail.) 7" -