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1993-06-16 Council Packet
Kenai City Council Meeting Packet June 16, 1993 KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1993 7:00 P.M. KENAI CITY COONCIL CHAMBERS • • L9 a 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. Ken14 Swisher/Chrystal Smith - Alaska Municipal League Update Presentation 2. Lucille Haddon - Director of Visitor Services/Kenai Visitors & Convention Bureau, Inc. C. PUBLIC HEARINGS 1. Approval - Settlement Agreement Between the City of Kenai and MSM Partnership (Inlet Woods). 2. Ordinance No. 1546-93 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -For -Hire." 3. Ordinance No. 1547-93 - Amending KMC 7.12 to Provide for Monthly Filings of Hotel/Motel Room Tax Returns for Certain Delinquent Accounts. 4. Ordinance No. IS48-93 - Finding That a Portion of the Southeast ;, Section 36, T6N, R12W, S.M. (A 200' Strip Along Evergreen Street), City -Owned Lands, is not Required for Public Use and May Be Sold. 5. Ordinance No. 1549-93 - Amending the Kenai Municipal Code 14.20.150 to Include Revocation of Conditional Use Permits. -1- 6. Ordinance No. 1550-93 - Amending the Official City of Kenai Zoning Map for a Portion of the SE;, Section 36, T6N, R], S.M. (a 200 Foot Strip Along Evergreen Street) . 7. Resolution No. 93-46 — Transferring $1,450 in the Public Works Department for the Purchase of a Computer Upgrade. S. Resolution No. 93-47 - Transferring $2,776 in the General Fund for Replacement of the Ice Machine at the Recreation Center. 9. Resolution No. 93-48 - Transferring $4,000 in the General Fund for Additional Repair and Maintenance Supplies in the City Shop. 10. Resolution No. 93-49 - Transferring $4,147.55 in the Congregate Housing Capital Project Fund for Reinspection Costs. 11. Resolution No. 93-50 - Awarding the Security Services Contract for the Airport Terminal Building, for the Period July 1, 1993 Through June 30, 1996, to Guardian Security Systems, Inc., for $1,274.00 Per.Month. 12. Resolution No. 93-51 - Authorizing the Execution of Cooperative Participation Agreements Among Alaska Municipalities and School Districts Creating the Alaska Municipal League Joint Insurance Arrangement. 13. Resolution No. 93-52 - Transferring $5,000 in the General Fund for Additional Attorney Fees in the Inlet Woods Litigation. 14. Resolution No. 93-53 - Awarding a Radio Maintenance Contract to Southcentral Communications for a Three - Year Period. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E . MINUTBB 1. *Regular Meeting of June 2, 1993. -2- 7 MAYOR'S REPORT JUNE 16, 1993 COUNCIL l[EETING ADD: C-2, SUBSTITUTE ORDINANCE NO. 1546-93 - Additional amendments defined on the memorandum attached to the substitute ordinance. i. • ; = ; -iceh b : 1< < 1. It*& C-6 - Ordina ISSO-93 - PLEASE MAKE A MOTION TO REPLACE R11W WI R12* OUGHOUT THE ORDINANCE. F. 1. *6/3/93 Senator Nurkowski Letter - Regarding Overland Avenue Easement. 2. 6/8/93 APRN/Voices of Alaska - Request for Contribution/"The Wisdom and Words of Peter Kalifornsky." G. OLD BUBINE88 1. Approval - Lease'of Airport Terminal Spaces 28, 29, 30 and 31 - MarkAir. 2. Discussion - Elementary School Renovation/Construction. H. N-Zw BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. ISSI-93 - Establishing Section 13.10.060 of the Kenai Municipal Code, Entitled Sanitary Facilities for Camping on Private Property. 4. Discussion - Settlement/Change Orders - Kenai Courthouse Project. 5. Discussion - Airport Commission Recommendations. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council X. EXECUTIVE SESSION - City Clerk and City Attorney Evaluations. L . ADJOURNMENT -3- LIM S TESTIMONY BIQN-IN SHEET NAME ADDRESS REPRESENTING RK,�b4�)SOo sae_ M0O(Le 000, skv q- G,o roT��� 0'/ This settlement agreement is entered into this day of , 1993, by and between the City of Kenai (City) and MSM Partnership, Stanley S. McLane, Stan A. McLane, Michael P. McLane, M. Scott McLane, George H. Bradford and Bruce D. Robson (collectively, MSM). City sued MSM in Superior Court, Case No. 3KN-89-349 seeking to collect on assessments due and owing on approximately 141 lots located in Inlet Woods Subdivision in Kenai. George H. Bradford and Bruce D. Robson were named in that action although they are no longer partners in the MSM Partnership. Summary judgment was entered in favor of City on December 16, 1992. Final judgment for City in the amount $1,203,743.53 was entered on April 5, 1993. Those rulings have been appealed to the Alaska Supreme Court, No. S5497. In addition, there are assessments totalling approximately $1.5 million owing the City but not yet due on the subject real property. City has also filed a lawsuit against Stanley S. McLane and others in Superior Court No. 3KN-93-115 seeking to set aside certain property transfers between the defendants therein. In order to resolve all issues in both Superior Court cases and the Supreme Court case (collectively, the Litigation), and to settle all claims for assessments owed on the subject real property, the parties have entered into this Settlement Agreement. 1. Settlement Amount As used in this document, the term "Settlement Amount" means $1,762,500, less any sums received by the City as described in paragraph 3 herein. 2. Settlement On or before one hundred twenty (12 0) days after the City signs this Settlement Agreement after approval by the Kenai City Council, MSM will pay the Settlement Amount to City in full satisfaction of: AGREEMENT - PAGE 1 agrees not to assert any such statute of limitations, statutory filing period, or other defense that may elapse during the 120-day period established herein. Upon payment of the full Settlement Amount within 120 days of the execution of this document, as described in Paragraph 2 herein, City shall execute and deliver a Satisfaction of Judgment in Case No. 3KN-89-349, and shall stipulate to dismiss with prejudice Case No. 3KN-93-115, and shall execute such other documents as may be necessary or appropriate to effectuate the intent of this Settlement Agreement. 5. Voidability This Settlement Agreement is void if the Settlement Amount is not paid within the 120 days set out above or as otherwise agreed to in writing between the parties. However, in that event any sums received by the City pursuant to paragraph 3(b) above shall be a credit to the final judgment in 3KN-89-349. 6. Counterparts This agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if all the signatures were on the same instrument. 7. Governing Law This agreement shall be interpreted in accordance with and governed in all respects by the laws of the State of Alaska. This agreement constitutes the entire agreement between and among the parties with respect to the settlement of the matters herein set forth. There are no representations, warranties, agreements, arrangements, or undertakings, written or oral, between or among the parties hereto, relating to the subject matter of this agreement which have not been fully expressed herein. -, M• m. -, Each of the parties hereto warrants and represents that they are competent and fully authorized to enter into this agreement and received the consideration therefore and have had the opportunity to consult with counsel. Each of the parties further warrants and represents that they have not sold, AGREEMENT - PAGE 3 1 a. All assessments, including principal, penalties and interest, owing on Inlet Woods lots owned by MSM. b. All claims asserted in or arising out of the Litigation. 3. During the 120 day period During the 120-day period referenced in Paragraph 2 hereof: a. City agrees not to execute on its Final Judgment against MSM Partnership in 3KN-89-349. b. MSM may sell Inlet Woods lots to third parties in arm's-length sales, subject to approval by the City's Chief Financial Officer or some other individual authorized by the City of Kenai City Council. With respect to any such lots sold, the City shall release its judgment, and shall release its claim for all assessments due, provided that the City shall receive all net sale proceeds from those sales. Net sale proceeds means gross sales price, less real estate commission of not greater than ten percent, normal closing costs, and real property taxes due. All proceeds received by the City under this paragraph shall be a dollar for dollar credit to the Settlement Amount as defined above, or to the judgment in 3KN-89-349. MSM and the individuals entering into this agreement agree that the net sale proceeds for the lots described herein shall be not less than $12,500 per lot. c. The parties agree to file such stipulations with the Supreme Court as are necessary to postpone all briefing deadlines and appellate deadlines. The parties also agree not to prosecute 3KN-93- 115, and shall file any necessary stipulations to that effect. d. Each individual defendant herein and MSM Partnership specifically agrees that any applicable statutes of limitation, period for filing, or other deadline imposed by statute or common law, which would affect, in any way, the City's ability to collect on its Judgment in 3KN- 89-349, in the event the Settlement Amount not paid within the described 120-day period, are hereby waived or tolled, as the case may be, and each individual defendant and MSM Partnership �I AGREEMENT - PAGE 2 assigned, transferred, conveyed, hypothecated, encumbered, or otherwise disposed of any of the claims or demands relating to the subject matter conveyed by this agreement. Should this Agreement become void, the parties hereto reserve all rights and all arguments are preserved, except that MSM and each of the individual partners agree to give up their right to appeal the judgment in 3KN-89-349. FrTMET4. Ya TTV . *... Each signatory to this Agreement, agrees to participate to the fullest extent possible and with their best efforts in the seeking of financing based upon the individual assets of each signatory hereto, and of MSM Partnership, including, but not limited to, the Inlet Woods lots, to obtain the $1,762,500 Settlement Amount referenced in Paragraph 1, within 120 days of this Agreement. MSM PARTNERSHIP Gri�,� TG OR p `' (, By: Its: SLp. Qrwj ��Q Stanley S. McLane Stan A. McLane Michael P. McLane M. Scott McLane George H. Bradford Bruce D. Robson AGREEMENT - PAGE 4 Proposed new Paragraph Eleven Each signatory to this Agreement, except Bruce Robson and George Bradford, who are no longer partners in MSM, agree to participate to the fullest extent possible and with their best efforts in the seeking of financing based upon the individual assets of each signatory hereto (except Bruce Robson and George Bradford) and MSM Partnership, including, but not limited to, the Inlet woods lots, to obtain the $1,762,500 Settlement Amount referenced in Paragraph 1, within 120 days of this Agreement. CITY OF KENAI By: Its: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY THAT on this day of , 1993, before me, the undersigned a notary public in and for Alaska, personally appeared to me known and known to me to be the of MSM PARTNERSHIP, named in the foregoing instrument and acknowledged to me that had, in the official cap�ty aforesaid, executed the foregoing instrument as the free act and deed of the said corporation for the uses and purposes therein stated. WITNESS my hand and official seal this day of , 1993. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) STANLEY S. MCLANE, appeared before me on this date, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal this day of 1993. Notary Public in and for Alaska My Commission Expires: AGREEMENT - PAGE 5 C", STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) STAN A. MCLANE, appeared before me on this date, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal this day of . 1993. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) MICHAEL P. MCLANE, appeared before me on this date, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal this day of , 1993. AGREEMENT - PAGE 6 Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) M. SCOTT MCLANE, appeared before me on this date, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal this day of . 1993. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) GEORGE H. BRADFORD, appeared before me on this date, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he, signed the same as a free and voluntary act and dead for the uses and purposes therein mentioned. WITNESS my hand and official seal this day of 1993. Notary Public in and for Alaska My Commission Expires: AGREEMENT - PAGE 7 STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) BRUCE D. ROBSON, appeared before me on this date, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he signed the same as a free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal this day of 1993. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1993, before me, the undersigned, a notary public in and for Alaska, personally appeared to me known and known to me to be the of the CITY OF KENAI, named in the foregoing instrument and acknowledged to me that had, in the official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said corporation for the uses and purposes therein stated. WITNESS my hand and official seal this day of 1993. Notary Public in and for Alaska My Commission Expires: AGREEMENT - PAGE 8 e- / Date: June 16, 1993 To: Kenai City Mayor and Council Members From: MSM Partnership Dear Mayor WlNiams and Members of the Council: Attached you will find a financial analysis of our settlement proposal. The main thing to keep in mind is that we have not included in our financial analysis any land acquisition costs, development tees, court costs or attorneys' fees as a result of the lawsuit. Our cost amounts to approArnately $ 850,000 cash out of pocket, none of which will be recovered through this marketing proposal. We hope that this financial information will dispel any thoughts that we might profit from our settlement proposal. Respectfully Submitted, a Michael P. McLane MSM Partner Date: June 16, 1993 To: Kenai City Council Members Fm: MSM Partnership Re: Inlet Woods Subdivision Bank Loan Required for Payoff to City of Kenai Payoff to City of Kenai • $12,500/Lot x 141 Lots Cost to Complete Electric/Phone Service in Subdivision Kenai Peninsula Borough - Bring Taxes Current Bank Appraisal Fees Payoff to Bruce Robson's Attorney Attorney Fees Title Insurance (Based on Loan Amount of $2,227,200) Loan Origination Fee (1% of $2,227,200) Bank Loan Fees (2% of $2,227,200) Calculated Total Loan Amount Total Loan Amount Required(Rounded to Nearest $100) $1,762,500 $187,548 $183,290 $11,500 $7,400 $3.000 $5,191 $22,272 $44,544 $2,227.245 Date: June 16, 1993 To: Kenai City Council Members From: MSM Partnership INLET WOODS SUBDIVISION MARKETING COST - ALL 141 LOTS First year Interest $ 222,724 Utilities 187,548 Bank Fees 66,816 Appraisal 11,500 Attorney 10.400 TOTAL COST $ . Break Even Sales Price/Lot $ 15,658 / LOT Marketing Cost Per Lot ($498,9W141) $ 3M9 / LOT Break Even Sales Price with Utilities Completed, Fusty Served $ 19__197 / LOT Date: June 16, 1993 To: City of Kenai City Council Members From: MSM Partnership Re: Inlet Woods Subdivision Marketing Cost for Remaining 91 lots after $ 6W,000 Hall Sale completed With the Hall sale completed at $ 12,000 / lot, the bank loan in place and utilities constructed, loss will be carried over to the remaining 91 lots and will change the break even salsa price to $ 21,207. 50 Lots C $ 12,000/Lot $ 600,000 cost T5,6581tot) ($ 782,900) *(refer to South Central Title Settlement sheet for Phase I Lots) ($182, 900) $182.9Q0 91 = $ 2,0101 LOT + $ 19,197 / LOT = $ 21,207 / LOT PIN .SEC 30 T (5k. R.II W. S. M. "B L O K T E V E ,,,. 041-011 t 0 ®: B 0 0 to ® ® ® 0 .It A4. .N.4 46,61 .49 .1•al, I.1•AS .sial,. •Mali .b A.' .Okt .® 48A,1 is A11• IT I• If 20 t1 = 23 f4 2i 0 IApIMrOOpgo AVENUE 1• .11 A .$ ,p At I = 3 O a Q b PA. . ®1 • 12 B ODIC 71A.e 1, .at Al+ .a4r 2 ®t 2 E . 1 1 ®.la A, .a7 Ato e .a Ad ® 3 12 8L • C 11 a aT4t as t.• u u 3o i! A.t ® .Y yt r • to .r1.1 EN ®, J•A!1 10 2A. It 7a µt ® IG .0 A. ..• 11' y*taf• ( ssA.: ' .asAwt ' l.t a '• ® C 0 ® 6 At AA ' 7 .3 it Ar• �.s O• ,Ab 14WO 40 041 —01L 14 AA a ' ►a s.! © to 11 ..t 01 Y' tit bl ®• I •alNt •aat.a • { � •YM�' 46 210 ..�.. •®s to s- 7"'` P 1V,�,11 19 { 6 � .y`7i OAba ®,,,a • vS ® '°•QD 0. 1 •,1 •a,1,t ®` 1 • •aU.R. 1 C, . •t. ,r �.a -.,- r � �, , pa - .1tYa •MVt j 1 y j e a • 40 n® •.. 10 •'"K , O 7. ® iy �a 10 ® +ws { I -mud 4nj 41 J, • • •` -u/.a P • nn 0 A to r. .g r Q{ •r ��! 6 O w , ® .7ws • •arti ®M1 1 t SAO a { 1 . • 1 c •N•1 a .1 S MOOOi10( AV(MN( so • ! i ® M171.KWW Mt omw t str • !Wt . ® ■1111a10 to Alm 00m w os ® nw�wwA11{11 dw a , , 1 {•ILr 1�Op� ANt/(7 >NIO _�MRr Oq( R(OOUST AV(NY( A•N•sims'• Mae 'v"r waoKGss1 r•MNW Y0MI09%. AI•as• :���- _ - ter-. Southcentral Title Agency 35M 11 wi sw It". SOMOUW AbSM "M (W71 U2-"% • A2-M FAX TO: MSM PARTNERSHIP DEAR SIRS: JUNE 16, 1993 ENCLOSED PLEASE FIND A COPY OF THE SETTLEMENT STATEMENT, THAT I HAVE PREPARED CONCERNING LOT 2 BLOCK 3, INLET WOODS. YOU WILL BRING ME $8.29 AT THE TIME OF CLOSING FOR YOUR PART OF THE CLOSING COSTS. THESE FIGURES WILL CHANGE IF SALE COMPLETED BY JULY 15, 1993 AS TO TAXES AND PRORATIONS. IF YOU HAVE ANY QUESTIONS PLEASE GIVE ME A CALL. THANK YOU. INCERELY, EAN BUNN CLOSER OrdKi K1948 Closing Staftmmt MSM PARTNERSHIP 880 Su eft Biter Su S& AddtM6 Aditu Prapft088C10be L-et 2 S7ock I Inlet Woods ckift ow 7/15/1993 teaNr CREDIT Doff CREDIT of" Prba 15,650.00 Low (t( Tmd OW M) Trod Oaed (0) Trud Deed Depotl b Eecnow • Bmkw 1.565.00 Tax 25.00 Ae009 FWS 17.00 To Pdq 250.00 Ewer FU 1 / 2 Each 75.00 Tilt 3.75 Romm"W" Poelepe Fay TM br Pr a ft Years 1.136.30 Tam kW Cancel Year Prof" 86.24 App *W kftW an ExMV lac Rer 11 PtotaNd _ mm kawam Pmmkn C" RWW AMW Fa Bank Esctaw Sd-w Fa Beak r-mem Awl AMMploe Fa CITY OF KENAI ASSESSMENT 12,500.00 TdTAL 15,658.29 15,650.00 TOW Oua host Buyer Tdd On 80w FROM SELLER 8.29 Balulca 15,658.29 15,658.29 ThmbamrNmWrpeeaalk AMWb*Ch Md1J%perorI -- -A Ao°eplad M 8e1ar AcoWW as &W .� �ssaeai r. i N1iK$ • 4ctaRA 1NL. tC !]uR Re.tt�auas Tt.1Li V4" A^AX Uk=k 10 You o u ! T.�Z+A Z . � • SCTZA.Y POI, Wid4TRV2.A_ Mt X Lip PTI t,./a /t3 "0Am Or& Do0amber 24, 1992 "r usrai Mr. Mike Kolaae P.O. Bolt 468 Soldotna, AX 99669-0468 Dear Mr. Malone: This letter is in regard to your request to provide a cost estimate for providing telephone cable in the remainder of the inlet Woods subdivision. Enclosed are copies of a sample of PTr Communications subdivision Agreement and a tariff sheet addressing the "Extension of Outside Plant Facilities To and Within Real Estate Developments". As these documents explain, the developer is required to pay in advance the estimated cost to install telephone facilities. This sum is then refunded to the developer as customers are provided service. A simple formula of dividing the advance payment by the number of lots determines how much is refunded on a per lot basis. The agreement is effective for a three year period of time. Any lots not sold or connected to telephone service during the three years do not qualify for a refund. The engineers estimate for the Inlet Woods Subdivision is $83,646.00. This is based on a "Joint Trench" installation with Homer Electric Association (HPA). This amount would be substantially less if the developer provides all trenching, conduits, excavation and back -filling. if you proceed with this project, please contact me to discuss your actual construction plans. I will be happy to answer any questions regarding the tariff and subdivision agreement. My number is 564- 3003. sincerely, Jan J. Williams Customer Service Manager cc: Dave Hopkins Bill Hansen Pow-"- °rend ax barpnyry�y,,,.n„ . « M�kF_ Mc 78TI A lb"" brand fax to roffWAN memo n • N'yM ► "mot-/ FILE N D"TZ: 702 N To: miles AfCLIwa. Dear Sir: Pxt M N0. L• LItL Ran r -./y�y lOENSM NO. ' iOZM NO. T►t your request, we have inspected the electrical facilities at Ssbnlle. laffar ...awns_ AID and offer the following quotation of costs to provide the changes you desire. The changes are: 1AM7A r- Pbu-J&Ak Lya._i rn &Ad N.atR e< a/tl. The cost to you to do the above will be S J ib and is based upon our completing the work SA one trip. This quotations is va for 90 days from the above date. if you wish to proceed, please sign in the space provided at the bottom of this letter. The quoted amount is due PRIOR to construction. sincerely, Requested By: xmn ELx=c ASsocIATION, INC. Al KA 4 r.��r:rrtie.r�wn�wfs,r�twRfeu.r*rw��r*�t+r,na*�twre..**�,►,�rw,tsw+rx+r.surwe,rtr**:tx:r*w::.w+t TO: Hamer tleatric Assoatation, Inc. Pouch 5200 Kasai, Ax 99611 Gentlemen: ' lmclosed herewith is remittance in the amount of S which is required de for doing the work outlined above. Please consir t�ii s your notice to proceed. Sincerely yours, BY: Costauote.t Mah ALASKA CER77RED APPRAISAL SERVICES Nc 1. sox 199a • 80=TNA, AK Naa ("7) 26241440 June 7, 1993 Po@W- brand fax uanaax W memo 7f37I •ef pow Z Mr. Mike McLane Ron Moore Company Soldotna, AK 99869 Fax # 262-1444 — Re: Appraisal Proposal Inlet Woods, Soldotna Junction, and Mooring Estates Dear Mike: In response to your request for a proposal to appraise the above referenced properties, we have formed a team of appraisers consisting of John Cristiono, Vince Coan, and myself. Working together we would be able to complete the appraisals within three weeks. All appraisals would be in compliance with FIRREA. Our proposed fees are as follows: Inlet Woods Subdivision: / $4,500 f Soldotna Junction: $3,500 Mooring Estates: 43,600" ; If you have any questions regarding this m please call me. Sincerely, ALASKA CERTIFIED APPRAISAL SERVICES Chuck Osmond, Appraiser (Certificate No. AA45) MOL"o F&9* RNI6MN 1n►pa wrAW&iN PMp*W P&P At. / Date: June 16, 1993 To: Kenai City Mayor and Council Members From: MSM Partnership Dear Mayor Williams and Members of the Council: Attached you will find a financial analysis of our settlement proposal. The main thing to keep in mind is that we have not included in our financial analysis any land acquisition costs, development fees, court costs or attorneys' fees as a result of the lawsuit Our cost amounts to approximately $ 850,000 cash out of pocket, none of which will be recovered through this marketing proposal. We hope that this financial information will dispel any thoughts that we might profit from our settlement proposal. Respectfully Submitted, Michael P. McLane MSM Partner Date: June 16, 1993 To: Kenai City Council Members FYn: MSM Partnership Re: Inlet Woods Subdivision Bank Loan Required for Payoff to City of Kenai Payoff to City of Kenai a $12, 500/ Lot x 141 Lots Cost to Complete Electric/Phone Service in Subdivision Kenai Peninsula Borough - Bring Taxes Current Bank Appraisal Fees Payoff to Bruce Robson's Attorney Attorney Fees 1Ytle insurance (Based on Loan Amount of $2,227,200) Loan Origination Fee (1% of $2,227,200) Bank Loan Fees (2% of $2,227,200) Calculated Total Loan Amount Total Loan Amount Required(Rounded to Nearest $100) $1,762,500 $187,548 $183,290 $11,500 $7,400 $3,000 $5,191 $22,272 $44,544 $2,227,245 Date: June 16, 1993 To: Kenai City Council Members From: MSM Partnership INLET WOODS SUBDIVISION MARKETING COST - ALL 141 LOTS First year Interest $ 222,724 Utilities 187,548 Bank Fees 66,816 Appraisal 11,500 _ TOTAL COST $ , 498.9,E Break Even Sales Price/Lot $ 15,658 / LOT Marketing Cost Per Lot ($498,988/141) $ 3,539 / LOT Break Even Sales Price with Utilities Completed, Fully Served $ 19197 / LOT Date: June 16, 1993 To: City of Kenai City Council Members From: MSM Partnership Re: Inlet Woods Subdivision Marketing Cost for Remaining 91 lots after $ OW,000 Hail Sale completed With the Hall sale completed at $12,000 / lot, the bank loan in place and utilities constructed, loss will be carried over to the remaining 91 lots and will change the break even sales price to $ 21,207. 50 Lots Q $ 12,000/1-ot $ 600,000 Cost-(15,658/lot) ($ 782,900) "(refer to South Central Title Settlement sheet for Phase I Lots) ($182, 900) $I$2= 91 = $ 2, 010 / LOT + $ 19,197 / LOT = $ 21,207 / LOT PIN. SEC 30 T. 6N.. R.11 W., S M041-011 .41 &% .a, A -"AN' .40 .NA. 1 AlAt •0% •MA .K Ad .YAs t .0 I I .1l A+1• 17 1• 1111�, 20 21 22 t• O 23 24 2 .tlA.a 1� � IOo ®OACWWOOD AVENUE " 3 0 © 11 .2f A,e i A. ,A , 01 1j7 li ® B O C .wA.t 13 •uM+ .:a A•+ ® " • ,a r+ I I ®•77,kt .tt Atp : i r u Ad , E A. ' ' as Mt ® .,.A., .7 to 11 .a.•.! EN ®t4 asAat'O a . ® ® A., 2,.y+ • ® A�. ®• Q..t to NIA A.+ 32 . 6: At 7 �� 3 - ®A,` -0. a . ,�! ®AJ ® scr0 041-012 atvt It VA. now,iAd ®A,s .rA• a" .44,6.9 i AO a la 1•. ao• to IL - �, • 7a*t ® It' 0 3 aawa •,tbt ® • iY •T. Mr•� } • 4 ,l ®; �• f0 •,ia• ,®s UAW 10 ® A s 2® r s ©ta n4 ! t7 u.,aMt arcs b do w•�' ,N�„ 1f A 'r t •1• 'au.s,1 ® • • .wA.L W., �® U41-013 4. -AMA '•t 11 1! © 1t .taA.! O MOfl J .p ! . a •,1yt a® +. ! •©Ms 11 O �{' 0 f �` l•• 3u. .10 o ` �?• OO- IO ® ®s • 7 •cart l404A © � •la7NL •1� ' A . W •trat 1 �O 1(w�. t AM t 6 O At 4000 �t,It • uo ® ®t na ° • a Q .s WOODSIDE AVENUE no Aw P80WA'O Kv slaw G ! ww w aaa. AM s tat I ONION 111111 an dw i .®.rrt 1 _ •,Ora war arnt • Od 0 a a s 1 1 IMIJtT 11OOpt Sum •-mRr oNF REDOUBT AVENUE Aepeee!•O Ma' ^ KOwN pOwloawe 8e/Oe914 Alaska /NL r" Woo -cam s- arm"_ "" .,A Southcentral Title Agency 3m K"w w Hw,. SoMotok Ab" 99669 (9W1 2 4*4 • X2-3W FAX TO: MSri PARTNERSHIP DEAR SIRS: JUNE 16, 1993 ENCLOSED PLEASE FIND A COPY OF THE SETTLEMENT STATEMENT, THAT I HAVE PREPARED CONCERNING LOT 2 BLOCK 3, INLET WOODS. YOU WILL BRING ME $8.29 AT THE TIME OF CLOSING FOR YOUR PART OF THE CLOSING COSTS. THESE FIGURES WILL CHANGE IF SALE COMPLETED BY JULY 15, 1993 AS TO TAXES AND PRORATIONS. IF YOU HAVE ANY QUESTIONS PLEASE GIVE ME A CALL. THANK YOU. J,INCERELY, 4 BUNS CLOSER OI*Wt . K1948 C"ng Shkia nt Sew MSM PARTNERSHIP BS / sm sft ftw SSw su AM= Addm r_at 2 Slack 3 Inlet Woods Cbftwe 7/15/1993 MW CREDIT oft P** 15,650.00 Loon (a) Tn* Deed IN TrO Dad (c) TMd Dead Depots b Farrow • BrOW CondlWo 1.565.00 Tax 25.00 Fay 17.00 TWO" 250.00 EWW Fa 112 Each 75.00 Ta 3.75 PAWWWWW P"pt Fa'S - Tm bx PraoadNop Yarn 1,136.30 Taxa lw cww Year Pmmw 86.24 - Appr** a M- on ExW4 Loan Re" Pkw*d _ MW kwxx= Premium CradN RepoA A milt' Fa - 88* Elmw 8aHop Fa 8adc Ewow Am W AwApdon Fa - CITY OF KENAI ASSESSMM 12,500.00 80TOTAL 15,658.29 15,650.00 Tdd Dua bow &W Tdd Do Ssft FROM SELLER 8.29 Bdmm 15,658.29 15 , 658.29 Umbel IF dwpaaMVOA% NMdeCMftofl.S%perarI I _ r._a AaxipW as Salver AcoopW a NWw M s - 4CrCA;LC INC. TO oua. "40"U 1'1.1VS vu.s 10 You at" SQftii.Y r-NM . LJNATI'bVfGl3.. N`1 K ►.IP TI OCC.►iR�Rtt� "�I fit- t-�itauStzt�J . C. /a �'L3 AMiw�, AbM 11lp December 24, 1992 _ � �aami Mr. Mike MUM P.O. Box 468 Soldotna, AX 99669-0448 Dear Mr. Mclane: This letter is in regard to your request to provide a cost estimate for providing telephone cable in the remainder of the Inlet Woods Subdivision. Enclosed are copies of a sample of PTi communications Subdivision Agreement and a tariff shoot addressing the "Extansion of Outside plant Facilities To and Within Real Estate Developments". As these documents explain, the developer is required to pay in advance the estimated cost to install telephone facilities. This sum is than refunded to the developer as customers are provided service. A simple formula of dividing the advance payment by the number of lots determines how much is refunded on a per lot basis. The agreement is effective for a three year period of time. Any lots not sold or connected to telephone service during the three years do not Qualify for a refund. The engineers estimate for the Inlet Woods Subdivision is $83,646.00. This is based on a "Joint Trench" installation with Homer Electric Association (M M). This amount would be substantially less if the developer provides all trenching, conduits, excavation and back -filling. if you proceed with this project, please contact as to discuss your actual construction plans. I will be happy to answer any questions regarding the tariff and subdivision agreement. My number is 564- 3003. Sincerely, Jan J. Williams customer Service Manager cc: Dave Hopkins Bill Hansen k°tM° �i" hae"'^1a�+ mm�g 767', . «..... ►� A u •zti3 P=MO brand tax tfanemieal memo # N r.w • DOW dp :/ nLz N .7OS N TO: .uu.rS Ate-lJIde. Deis Sir: DATZ: gal,Y 1g 3 Ca. It P P, No. Z• L11 L rAy at r--&#j { Kean NO. MWM NO. 71t your request, we have so inspected the electrical facilities at ba=W. zAMAr sad offer the following quotation of costs to provide t e hhW*S you cosire. The changes are: a.tl.S Lv M, AAMS Nw<< s< shn. The Cost to you to do the above will be S V and is based upon our completing the work in one trip. This quotation is vs d for 90 days from the above date. If you wish to proceed, please sign in the space provided at the bottom of this letter. The quoted asamt is due PRIOR to construction. Sincerely, Requested By: umn LLYC'IRIC ASSOCI]1TZON, INC. Mace Met—da,�_ lfnYrrRrtRRttne##M#R!�#RfrMftARf�wftRft#ftlr#*ttitfFttlt##fryntRltlr#ittM###f�R#t#frwse�lrtrlt##ilr#fktRRlt*R1tfr# TO: Homr sleatric Association, Inc. roude 6280 Rsoai, Ax 99611 Gentlemen: ' 3=loaad herewith is remittance in the amount of S which is required for doing the work outlined above. 8lesae consider t�notice to proceed. Sincerely Yours, BY: - CostQuote . C31t: �l► ALASKA CERTIFIED APPRAISAL SERVICES NO t, BOX MO • SOIAOTNA. AK ""S 0071 24$4440 0 0f *NN • June 7, 1993 PpaFlt' brand but trarnitfal tnamo 7671 6i Mr. Mike McLane Ron Moore Company Soldotna, AK 99669 Fax 262.1444 — Re: Appraisal Proposal Inlet Woods, Soldotna Junction, and Mooring Estates Dear Mike: In response to your request for a proposal to appraise the above referenced properties, we have formed a team of appraisers consisting of John Cristiono, Vince Coan, and myself. Working together we would be able to complete the appraisals within three weeks. All appraisals would be in compliance with FIRREA. Our proposed fees are as follows: Inlet Woods Subdivision: , $4,500 J Soldotna Junction: $3,500, Mooring Estates: $3,500 ' ; If you have any questions regarding this ma please call me. Sincerely, ALASKA CERTIFIED APPRAISAL SERVICES Chuck Osmond, Appraiser (Certificate No. AA45) hMLeas Ai P* RAN irp» knowfy AAw*" Avpo*o Apo Ala I YL'GWNI I� May 19, 1993 217 Second Street, Suite 200 ■ Juneau, Alaska 99801 • Tel (907)586-1325, Fax (907)463-5480 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, our 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 all, 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 Kenei Soldotna Conference Hosts May 19, I M page 2 Second, a list of questions/requests/oomments — We need to schedule a site visit so that Chrystal 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 will be. We should plan to schedule at least a couple of (very fug days for this trip. 1 would like to do it as soon as possible, before we begin conference publicity. Tentatively, we vA 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 ocnnp6mtery air transportation or housing. 2. Who will be making contacts with motels/hoteb to arrange for room blocks, coherence rates, and complimentary rooms? Normally we do this, but something John said made us think your committee was planning to handle this. We should talk about the pros and cons of each approach. N we are to handle it, please provide us with a list of the managers of each facility identHied 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 facilities 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 tloorplan for the Carr's Center and your suggestions for how the space might be used. S. 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 If we end up renting all this equipment from the same place. Each exhibit booth will also need a table and 2 chairs (at your F expense). Ksnai-Soldotna Conhrenos Hosts May 19, 1903 page 3 Third, I have attached a copy of the list entitled 'Host Rsquirements for the Alaska Municipal Annual Conference,- which: you saw Oarlisr. It outlines what the host municipalities we **o d to providerAnd I will discuss sock point to ntaont detail below to MOP you end your SW prepares to aaaWl ft i sopte wKh Vftm@W undertaking. .;lug- A-.t 2. F Although the Local Goverrxrwnt Conference itself Is November 10-12, as you -k norwr associated activhkw and maptings meetings, training sessions, Board and AMLJJK maa*Vk elm) wo ooaar;*Onn SWOW .November 7, through Saturday, November 13. Faditiies needed for ills perked include hotel rooms, awe" rooms, and support services. $ae spoclAcs below. AN requests for mssting roonnar furotien odvp*nikj% etc o muet toms through the League. Please refer those with requssfs to Chrystal and do let your local 40MMIttee schedule fa cilhisp miltho aheal fnO vft her. 3. Hotel Amms - Your invitation ku*xfed irilormation.on the holoWmotels in the area and you also indicated that some bed and bro a klasts might be avadlabie should we need them. As mentioned above, we need to decide who vA black the rooms, arrange rates and complimentary rooms, and make reservations. 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 pia m*V committee ha already started working on this. Transportation to and from sepsions and con brence events is the responsibility of the hosts. We can 'walk through" the skumoon in terms of specific needs during our site visit. 5. M22Mg„§2ace - Coordinating the meeting space, especially for the pre- conference events, will be critical to matting the week Arun en-m ay, One of the reasons Chrystal and I want to come soon for a site vielt is to get a fuller understanding of the meeting space and its relation to moh tft tels. The AML staff will coordinate the use of the space and work with your local arrangements committee to make best use of the available options for, pre-oonfererce and conference events, Including r 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, Bi©enfemial Building, 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 vAN have to be able to lock the office. �^ 6. Ban uet Facilities - We will need space for the annual banquet and the three conference luncheons, at which we serve 4W-450 people. I know that the conference planning committee has suggested that the luncheons be held in a Kenaf-Soldotna Conference Hosts May 19, 1993 pope 4 . ►• ♦ . .f-7 71r. l.. 7. Staff. a. You we responsible for providing du Me people to stuff peckft Monday afternooN Noww dM • (war will provide the peoksts). kx*uded in the pookele will be the AML pr ra— and odmm oordorence nVAeriaie as well as whatever Ksnal/Scidslrw malarial you wish to include (e.g., maps, tourist Information, irwiatione, g1as, W. - ail optianai). You will be responsible for assembling all the Kenai/SokkAna materials to be placed in the conference packets or tffatis wWWO to delegates at a table In the exhibit area. b. You we responsible for providing one person to work with AML staff at the registration desk from Tuesday, November 9, through the and of the coriftranes 6n Irrltiay *W4@ tber 12 If at all possible, the same person should be assigned for the entire time to ensure continuity In conference operaWne. C. in addition, you are responsible for providing addkkxmd staff to help with registration, as follows: - ores person Tuesday afternoon - ores Person ail day Widrseday - one person at day Thureft, and - one person Friday mornlrg Other host municipalities have used municipal staff, community volunteers, senkx citizens, and visitor and convention center staff. It is much more convenient and eflldent It each person stays at least one full day so additional training tkne is not required. d. The host municipalities will need to provide staff to help with typing the policy statement and resolutions. This Is a moor work responsibility and critkrai to good policy development and the success of the conhrw tie. It will 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, af6iernoa% and evening of the conhrends, at least two staff persona; (preferably three) will 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 Wordperfect 5.1 diskette — for you to put on Kenal-Soldotm Conference Hoeb May 19, 1993 page 5 your nmm** es. Amendments made to it during the policy sections will need to be added to it on Thursday morning, eftornoon, and evening 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 transmit to yaw staff (an Vllordp,rfect b.1 disk) so they can transfer them to yow word pr+ooesyingl egtsonent. Amer lmkertb to these resolutions by the policy sections and the resolutions committee will need to be made after 1tle committee firkhes ft work NO,Thursday afternoon. Other resolutions, those presented for the first time during the conference, will need to be entered on the word proosssing equipment Thursday. The resolutions and policy statement must be finalized 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 priming these documents is also your responsibility. After the conferenoe s over, your staff will need to provide AMI, with these documents In WordPerfect 5.1. These tasks Involve a lot of work and late hours, and it Is imperative that staff members assigned to them are competent, skilled on the equipment and software being used, available to work until the job Is completed, and flexible enough to take in stride the somewhat hectic nature of this work. S. FigukxnW - We wiN need: a. At a minimum two simple correcting typewriters (e.g., IBM Selectric type — something that will be any for anyone to use without reading a manual). Two IBM-compafible computers with a laser printer would be preferable. These will be used in the on -site staff and delegate office for typing letters and resolutions. b. One small copy machine (with legal -size and letter -size paper trays; uncomplicated; automatic feed and collating capabilities preferred). C. Three portable tape recorders. d. One portable bulletin board for use as message board. 9. 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 slide projector, picture screens, and VCRs and monitors, if needed for the program. I(mud-SokkMa Conference Hoeft May 19, 1993 page 6 g. Sound systems for any meeting rooms. that will need than to allow full PUNCIPBtibn by delegates. h. Skirted head tables for aN conference sessions. We must have all equipment in piece and In operating oondltlon by noon on Tuesday, November 9. In past'yeare, IBM, Xavic, and/or an olke supply store have loaned 'off equipment M exchange for publicity In the program. .1IT, u'.: T TAT,-7LL Mi.1 L11,111 • • ► : a. a flag 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 listed 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 thek names to be listed in the program; and C. entertainment at various fumtIons (including musicians, bands, dancers, thespians, etc.). AML will handle booking the entertainment, but help and suggestions of local talent are welcomed. 10. Conference Program - The host municipality Is responsible for having the conference program typeset and printed. The host municipalities can sell advertising to defray, cosh; however, usually they just pay the whole omit k k your choice, as are the design of the cover, paper stock, color, etc. We provide the program text, except for the mayor's welcome pope. We will need at least M copies of the program. We will need to know the cutoff daft (please negotiate as late a date as possible with the printer) to provide you with flnsl copy. In previous years we have provided the copy on a Wordperfect M 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 n, but that it still takes a fair amount of formatting and printing time. As we get closer to the oonference 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 300400 mkd- programs 'Qust a schedule, with no details) prktted and made available at the hotels for those attending pre -conference activities. These haw been well received. I have included copies of last year's program and mird-program for your intornedon. • ♦ r • • i • • ► • • rL� Lin �-a a17, li♦lu: li" r., �� •1!.lw.tl ♦ ., t • � • r • r _ v • . ♦ y I hope this helps as fir as what is expected of the host munk"iity. New let us know who the conference liaison is as soon as possible so that we can begin to ooibrdinate our planning with yours and work out details for a site visit. Chrystal will be out of town for a week and then'backc in the office June 1 — perhaps we should schedule a teleconference 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 MaWW% Kenai Chamber of Commerce Rich Underkofier+ SokkAns City Manager MhosdtwWN.93 Ll IL it I J-1 III I J Tr F•. :3'. �. 1. - The host municipality must be a member in good standing of the League (dues paid). 2. Facilities necessary for hosting the conference and pre�cordwenc a activities must be available from Sunday to Sunday during the second full week in November. 3. The host municipality must have a minimum of 400 hotel rooms (75 doubles) within walking distance of the conference mosting rooms, or the host mu*,provlda adequate and reasonable free transit service from area hotels to the conference meeting rooms during ,the conference, including all preconference activities (see #2). 4. Meeting specs must be available, at no cost to the League, for a minimum of 450 delegates during general sessions and meals. In addition, individual 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 Me space shall also be provided for League .staff. 5. The host municipality must provide exhibit space and a reasonable amount of equipment, e.g., table and chairs, power, etc., for both the meeting and exhibit spaces. 6. Banquet facilities must be available to accommodate 450 guests. 7. The host municipality must supply kxud 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 resolutlons (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 these to delegates. 71 C3:hosNx*ngs.92 Approved by Board, AprN 30, I= c -a Suggested By: City Clerk CITY OF KWMI NO. 1546-93 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 .z_i DI; O i 2 i_. 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 Computed. 20.05.100 Charter. 20.05.110 Penalty. Rates to be 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,t1 or "Vehicle" means a motor -driven passenger vehicle which is offered for public hire[.} of which any part of the vehicle trig is within the (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. ATTACHMENT A - PAGE 1 OF 4 20.05.020 License Reguired: 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 (101 1(10)1 LILL of operating the same. Legal owner of vehicle -for -hire company. [ PROOF ] Certificate of vehicle insurance. 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 hanst corner. a sticker bearing 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: Th license for an additional vehicle treasury the sum set forth below. ATTACHMENT A - PAGE 2 OF 4 e 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 [DUNE 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. _C%J Licenses cannot be transferred and license fees cannot be Rro-rated. 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 passenger Vehicles -for -Hire Rates to be Computed: 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 7 r' 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 this chapter shall be guilty of a violation and conviction thereof be punished as provided for 13.05.010. r' ATTACHMENT A - PAGE 4 OF 4 any provisions of shall upon violations in KMC TO: Mayor and Council City of Kenai FROM: Carol L. Freas, City lerk City of Kenai DATE: May 28, 1993 RE: KXXAI XWXCIPAL 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 TO: Mayor and Councilmembers FROM: Carol L. Freas, City Cl rk City of Kenai DATE: June 15, 1993 RE: SOB.SrZrVrE ORUNANCB NO. 1546-93 The substitute ordinance adds the following amendments to the ordinance: 1. In order to better define KMC 20.05020(12), Certificate of Workmen's Compensation Insurance, it adds, 'gas reauired.bp As 23,10,035.•' AS 23.10.055 does not require cab companies to carry Worker's Compensation Insurance if they "contract with drivers who receive compensation only from customers and whose relationship with permit owners, operators, and dispatch companies is based solely on a contractual flat fee payment by the driver." Those cab companies who consider their drivers as employees will be required to provide the City with a copy of their Worker's Compensation Insurance Certificate. 2. In order to better define KMC 20.05.040(a), the substitute ordinance adds the word "lower" to the second line, i.e. have attached to its front windshield. on the loner left- hand corner... 3. In order to better define KMC 20.050.050(d), the substitute ordinance adds the words "issuance or" to read as, "All taxes and other obligations due to the City and Borough must be current prior to license issuance or renewal. SUBSTITUTE Suggested By: City Clerk CITY OF KENAI ORDINANCE NO. 1546-93 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 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 Rart 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. ATTACHMENT A - PAGE 2 OF 4 20.05.020 License Required: 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. (10) Legal owner of vehicle -for -hire company. [(10)] fll) [PROOF] Certificate of vehicle insurance. (12l Certificate of Workmen's Compensation Insurance as required by AS 23.10.0559 (13 ) spy 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 low left-hand corner, a sticker bearing 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 3 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 issuance or renewal. _ie.L Licenses cannot be transferred and license fees cannot be pro -rated. 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 Passenger Vehicles -for -Hire Rates to be ComRuted: 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 4 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 C gr: 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 13.05.010. ATTACHMENT A - PAGE 5 OF 4 TO: Mayor and Council City of Kenai FROM: Carol L. Freas, City lerk City of Kenai DATE: May 28, 1993 RE: KANAI XVNICIPAL 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 mo r gki lit - jq Nj Q IY 4: 4 .4 Lj p% 1w ORFir A:s ! I I ;. it q•13; .4 St, Ag it 1�� .,ji' r 4n+.!!w�yyy�,, �}'r•T•, i,+t'. : ,1')1r '::� ''e �F � r^,ri r;,}'- NJ�I C I ! i' +' MAI It o E!,, %u slif r ra 1: MMr m Lamm ■LVH ADVANCED RISK MANAGEMENT TECHNIQUES INC- November 22, 1991 Mr. Steve E. Wells Director of Risk Management Alaska Municipal League Joint Insurance Association, Inc. 217 Second Street, Suite 200 Juneau, AK 9MI COMPARISON OF ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. (AMIJJW TO OTHER PROPERTY AND LIABILITY PROGRAMS Dear Steve: We reviewed the AMI)JIA memorandum of coverage you sent and compared it to major programs we believe are available to Alaska cities. These other programs are: 1. The Insurance Company of North America (CIGNA) 2. Alaska National Insurance Company 3. Illinois Insurance Exchange (police professional and public officials errors and omissions policies) 4. National Union Fire Insurance Company (public officials errors & omissions policy) When compared to its competitors, we found the coverages provided by ANMIA generally offer advantages of: A broader selection of liability, property and crime coverages available from a single source. Purchasing coverage from a single source is important in avoiding coverage duplication and coverage gaps that may arise when coverage is placed through different carriers. Gaps or overlaps in coverage Headquarters 25251 PASEO DE ALICIA. SUITE 100, LAGUNA HILLS. CA 92653-4694 (744) 472-8324 • FAX (714) 472-9228 Independent Consultants r can result in added premium cost, claims disagreement between carriers or uncovered loss. • A broader scope of property coverages available in a single form. • Equal or more favorable scope of liability coverage: Without a policy aggregate limit on general liability. Covering a broad range of city operations with fewer coverage limitations. Offering more flexil le deductible options on law enforcement liability. We believe the program A CWIA offers is one that Alaskan cities would do well to consider. If we can answer any questions, please call. Very truly yours, Charles L. Young Jr., Staff Consultant CLY:mkh P ADVANCED RISK MANAGEMENT TECHNIQUES, INC. T�4 e - � Suggested by: Council City of Kenai ORDINANCE 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 for2aavment-- Collection. (a) Each transient guest is responsible for the room rental tax imposed by this chapter, and the tax shall be due and payable at the time rent is paid. All unpaid tax shall be due when the transient guest ceases to occupy or use space in the facility. (b) Every operator and/or owner renting rooms subject to taxation under this chapter shall collect taxes from transient guests at the time of collection of room rental and shall transmit the same [QUARTERLY] to the City. The tax imposed shall be shown on the billing to the guest as a separate and distinct item. 7.12,040 Rental tax records and 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 payments 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 94 (5/25/93) kl 7 Suggested by: CITY OF KENAI ORDINANCE NO. 1548-93 Administrati,,.. 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-OWN$D 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 purp*Se, 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 r s r �r i s � MISK— -1 :4 8U;_; 7 i Q 6� rod4 j Rswu ell VIM el is e�ei�� Suggested by: Council 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 inlecordance 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: (I) The Planningg Commission. after public notification and hearing. My revoke a conditional use Fgugit if it finds the pconit holder has violated a provision .110 W-7141! am=0 77- .0 �-1 S'!..li+.. 1 k: _011ItIll..4.+ ',!3v CON f "71M 47. r-. 4 4_ _!.- KT!..4 ' + 1! 14.. •."1..� ! �) %.+.• .l+ / a / .. 'li.41...1 111M._! + . _!_: ��! �1_ 1� +._•.4 / 4 1! +_�:. !11 _! _.! ' ! ! 1� .!. _!.� 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: Adopted: Effective: (5/27/93) June 2, 1993 June 16, 1993 July 16, 1993 Suggested By: Planning & Zoning Commission 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, RI IW, 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, R11W, S.M. (a 200 foot strip along Evergreen Street as shown on attached map) are hereby amended to Suburban Residential 1 (RS1). lion 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. Freas, City Clerk John J. Williams, Mayor First Reading: June 2, 1993 Second Reading: June 16, 1993 Effective Date: July 16, 1993 AV LIA m lr7 w %dWU. INICAll labz--Ibblwg-m i5mUlampli 010 0011, 000, 001. ArpmTRI. P3 RBI EBL6A6 EL 2�'� Li7, X I :� crate.WF 6UNaM ��o UA rig, �y mm 1791-1M1 CITY OF KENAI Capjai 4 Au" I f KM, *A M N" M-7=5 FAX 907-283.3014 REZONING APPLICATION 7770CITY OF KENAI RAD DRESS 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 develQ12 medium density residential lots Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE RM THE FOLLOWING, COMPLETE THE BLANKS AND TNTTTAL 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 T 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 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: _ a. MAP 410 b. SIGNATURES C. DEPOSIT/ADVERTISING k d. APPLICATION FORK OR FEE ($100) LETTER CHAIRPERSON 1791-1581 CITY OF KENAI „vd Cap-iia] aj 4i,. 210 MM%= W MAI, AL"U M11 283.75= FAX 907-283-3014 STAFF REPORT APPLICANT: City of Kenai 210 Fidalqo, Suite 200 Kenai, Alaska 99611 Requested Action Rezoning Legal Description A portion of the SE 1/4, Section 36, T6N, R11W, S.M. Present Zoning Rural Residential (RR) Pro o I ed 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. ATTACMLBNT8: 1. Resolution PZ 93-20 2. Application 3. Map CITY OF KENAI AM 3OMIF0 CO=X08ION RMCLUTIOM 12 93-20 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOIHsffiiDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED (RUSOMIxO) SUBMITTED BY CITY OF KENAI (Applicant) WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Rural Residential (RRI 2. The present land use plan designation of the subject property is Medium residential 3. The propose ZONX G DIBTRICT) for the f f ectlt\\d ro� is 1 RIB\I AdR 4. An appropriate public hearing as required has been conducted by the Commission on Na 26, 1993. 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned RESOxll�O) is hereby recommended to the Kenai City Council. pw PA88ED by the Planning and Zoning Commission of the City of Kenai, Alaska, this 26th day of May , 1993. L UWMW MUL FAEiWAW �� ,a ,1 ATT : [planning Secretary W KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 6 MOTION AND VOTE: GowJm made a MOTION to move to Lave a sepatation of these two items. Bannock Second. Bryson Discussion on approval of the catering. Walker I call for a question on that one. Bryson Any further discussion. Vote: Bannock - yes, Bryson - no, Goecke - yes, McComsey -no, Wallow - 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, Goecke - no, McComsey -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 i��' 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 pm*4. 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 17 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 pm ject is, as to what builds 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-plex 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. Marlene 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 n ighborhood. 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 dust around there, I would rather 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 Jackinsld I live at 18M 4th Avenue. I agree with Marlene 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-f1mily homes with the exception of a few duplexes and a couple of four-plexes. What we're all aftaid is going to happen is we're going to see, in the long run ten years down the road, how= 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. Lbw income housing up and down lone 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 artier, I'm not at least, it's just that I want to see a nice quality of neighborhood. Everybody wants to live in a nice neighborhood. Everybody wants their property value to increase, so do I. I used to five in Anchorage on Speed. I don't think we need a Spenarrd type development die. Unless it's mined and there are: covenants regulating development to this property to the extereet 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 COMMISSION MAY 26, 1993 - MINUTES PAGE 11 e-, Ship Again, I concur with my .neighbors. Bryson Are there any questions? Is there anyone else that would like to testify? Gwr1ey Can I speak again? Bryson Are there any objections to a second testimony? Ms. Gourley. Gourley 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. WaUmr 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 bop 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... WaUmr No, I'm talking about a four block radius. Gourly So you're talking all the way up basically to Forest Drive, so you're talking Eadies and all those back into, towards Sears. Wall= 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 we 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 keep 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 burin, 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 wankel to rezone it and the city really 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 just 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. Bamwk 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 see 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... Gourley 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 17 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. Bock 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 fiirther 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. **END OF VERBATIM** Wallow 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. Walloer And that would limit us to... La Shot Single-family, duplex. It's similar to the zone across from the high school. Wall= 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. I� KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - AHNiiTTES 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 8T 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 Suburbem Re dddndal Radon 93-20. Walker Seconded. Bryson Discussion. r�-� Bannock Could we AMID that MOTION to make the new proposed none be RS-I. 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. Wall= Water and sewer would only be available only after the improvements were complete. Barnette 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? La 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 COMMISSION 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. IA 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. I\ 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 I 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, Goeclw - yes, McComsey - yes, WWI= - yes. MOTION PASSED. Bryson Further discussion on the main motion, no requests, call for question. Vote: Bannock - yes, Bryson - yes, Goecke - yes, MWomsey - yes, Willi= - yea. MOTION PASSED. 6. PLANNING a. Proposed City Land Sale Bryson The next issue has already been discussed at length. Jack do you have anything further? 17 e-7 Suggested by: Public Works CITY OF KENAI RESOLUTION NO. 93-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $1,450 IN THE PUBLIC WORKS DEPARTMENT FOR THE PURCHASE OF A COMPUTER UPGRADE. WHEREAS, the Public Works Department desires to upgrade the Administrative Assistants computer system to a more productive system. NOW, THEREFORE, BE rr RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: From: Operating Supplies $ 300 Transportation 700 Advertising 350 Printing & Binding _M Total $1450 To: Repair & Maintenance $1450 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 Written by Public Works: Approved by Finance: c /kv/6/8/93 TO: Keith Kornelis, Public Works Director FROM: Kathy Viall, Public Works Administrative Assistant DATE: May 27, 1993 Since my last memo to you dated April 30, 1993, (attached), I have researched several other options for a computer upgrade. I have a new monitor so I see no sense in purchasing another monitor. All of the set-ups I have looked at are the full package, including monitor, and run anywhere from $1400 up to $2700, not including installation. IISCO has submitted a proposal, (please see attached), that does not include a monitor but includes a one year warranty and local service/support. Following is a cost estimate for the package in IISCO's proposal: Computer: 1419.00 MS DOS 6.0 59.00 Labor (est.) 165.00 Total 1643.00 You have suggested transferring the following funds to R & M to cover this cost: Operating 300.00 Transportation 700.00 Advertising 350.00 Printing & Binding 100.00 /kv xQRADIER TO: Keith Kornelis, Public Works Director FROM: Kathy Viall, Public Works Administrative Assis DATE: April 30, 1993 SUBJECT: I am using a Compaq Deskpro 286 with a 5'A " diskette capability that was purchased in 1986. The hard drive is running out of room which makes it slow and short on memory. The following is a summary of the problems I have recently encountered with this machine: 1. It often freezes while I am typing. I have to shut down and re -start the whole thing in order to get it going again, re -booting doesn't work. Anything that had not been saved prior to the freeze is lost. I have set up an auto save feature so that I don't loose as much information at one time. 2. The response time is very slow, most of the time I am 2 - 3 steps ahead of the computer. 3. I cannot add any more words to my spell check dictionary because I am out of room. 4. I cannot work with two programs together any more, it says "insufficient memory." 5. I cannot add any more programs to my computer because there is no room. I was chosen by Avery to do a national survey on a new labels program for them but I couldn't do it because I don't have the room on my computer. I have transferred all that I can to diskettes to try and make more room and I still get the message "insufficient memory." I would like to upgrade to a 170MB, 4 Ram, 486DX w/5'A" and 31/i" diskettes. I can order the this direct from ALR (Advanced Logic Research) for $1449.00. Mike Eady with Great Lan Computer will install it for less than $300.00. Is there anywhere we could get the money to make this purchase? /kv N INDUSTRIAL INSTRUMENT SERVICE, INC. 300 Airport Way Kenai, Alaska 99611 (907) 283-4230 (907) 283-7766 FAX May 26, 1993 City Of Kenai Attn: Kathy 210 Fidalgo St. Kenai, AK 99611 Dear Kathy, Thank you for allowing me to put a package together for you. Based on the information that you gave me; I surmise the following will meet or excel your system requirements. I am pleased to submit the following proposal for your analysis: COMPUTERS: 1 - BSI 486DX 33Mhz with 4MB RAM Memory, one 1.2MB one 1.44MB Floppy Drive, and a 120MB Hard Drive This system comes standard with: 2 serial/ 1 Parallel/ 1 Game Ports 101 Enhanced Keyboard (BTC 5339R) Super VGA Card (1 MB, OAK SVGA256 colors) 1.2MB & 1.44MB Floppy_ drives 4MB RAM Memory $1389.00 SOFTWARE: 1 - MS DOS 6.0 LABOR: f3o.oa — /7o wr,Q �f/9 • oa $59.00 All labor rates are billed at $55 per hour. '�-, IISCO has some of the most expert field service technicians in Alaska. Employed daily by any of the major oil producers in the Inlet to support their specialized computers and electronic systems, IISCO now provides the same experienced experts to service your office PCs. We specialize in NOVELL networks as well as upgrading and repair of your existing system. Our experience, skills and track record will provide your office with cost effective performance from your computer system. Kathy, in closing I would like to add that the BSI computer comes with a full one year warranty and has local service and support. We appreciate being of service to you and assure you that we will support your system to the fullest extent. Sincerely, Elvin O'Guinn Industrial Instrument Service INC. lowINDUSTRIAL INSTRUMENT SERVICE, INC. d 'F 17 Suggested by: Parks and Recreation I City of Kenai RESOLUTION NO. 93-47 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,776 IN THE GENERAL FUND FOR REPLACEMENT OF THE ICE MACHINE AT THE RECREATION CENTER. WHEREAS, the ice machine at the Recreation Center is inoperable, and the cost to repair the machine exceeds its value; and WHEREAS, it appears more prudent to replace the machine with a new one. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Recreation - Snack Bar Supplies $2,776 To: Recreation - Machinery & Equipment $2,776 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 Approved by Finance: (f qg (6/8/93) kl e'9 Suggested by: Public City of Kenai RESOLUTION NO. 93-48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $4,000 IN THE GENERAL FUND FOR ADDITIONAL REPAIR AND MAINTENANCE SUPPLIES IN THE CITY SHOP. WHEREAS, the Shop Repair and Maintenance supply account has been virtually depleted, and it is estimated that $4,000 should provide sufficient funds to maintain City equipment to the end of this fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Shop - Repair & Maintenance $3,500 Shop - Transportation 500 To: Shop - Repair & Maintenance Supplies S4.000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1993. ATTEST: Carol L. Freas, City Clerk Approved by Finance: C9 (6/8/93) kl 7" JOHN J. WILLIAMS, MAYOR 1791-1991 CITY OF KENAI "Od ed,d4i aj 41"" � 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 253 - 7635 FAX 907-283.3014 TO: Charles A. Brown, Acting City Manager FROM: Keith Kornelis, Public Works Director DATE: June 7, 1993 SUBJECT: Sbo R & M Suoolies As you know, we are very low on funds in our Shop, R & M Supplies. This account is used to pay for repair parts that are needed when city equipment breaks down. We presently have $619 left in this account. Parks has a riding mower with a $300 starter that needs to be replaced. We will probably have more city equipment break down that will need to be repaired before July 1, 1993. Please transfer $3500 out of R & M and $500 out of Transportation into R & M Supplies. This would increase R & M Supplies by $4000. It would leave $3380, ($6880 - $3500), in the R & M account. I hope that this will be sufficient to complete this year and the money will be in the right accounts. I have asked Dave to only make repairs needed to get equipment back working, repairs that would prevent further damage, and repairs needed for safety reasons. If we can hold off ordering repair parts until after July 1, we will. KK/kv Suggested by: Public Wo-rxs City of Kenai RESOLUTION NO. 93-49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $4,147.55 IN THS CONGRBGATE HOUSING CAPITAL PROJECT FUND FOR REINSPECTION COSTS. WHEREAS, a second "final" inspection was required on the Congregate Housing project because of the amount of work left incomplete at the first inspection; and WHEREAS, these inspection costs will be deducted from the contractor's pay. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Congregate Housing Capital Project From: Construction $4,147.55 To: Inspection $4,147.55 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 Approved by Finance: cqQ (6/8/93) kl TO: Charles A. Brown, Acting City Manager FROM: Keith Kornelis, Public Works Director~ DATE: June 8, 1993 SUBJECT: KeiW Congmple Housing Rehnspaction and Second Final hgm:tion FOR: Council meeting of June 16, 1993 Please transfer $4,147.55 from Construction into Inspection on the Congregate Housing project ` to cover the cost of doing a second final inspection by Livingston/Slone. The construction contract the City has with Gaston states, "Add Paragraph 9.8.4: "If the representative making the inspection finds the Work so far from complete as to make a later visit necessary to establish a date of Substantial Completion or Final Completion, the Contractor shall be liable to the Owner for the expense to the rcpneesentative incurred by reinspection."" Since the last final inspection was so far from complete it required another inspection, the City will be deducting this cost of $4,147.55 from Gaston's next pay estimate. KK/kv Suggested by: AdministraLiuji RESOLUTION NO. 93-SO A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE SECURITY SERVICES CONTRACT FOR THE AIRPORT TERMINAL BUILDING, FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 30, 1996, TO GUARDIAN SECURITY SYSTEIIS, INC., FOR $1,274.00 PER MONTH. WHEREAS, the only bid received on June 9, 1993, for the contract years July 1, 1993 through June 30, 1996, was submitted by Guardian Security Systems, Inc. for $1,274.00 per month, and WHEREAS, it is the recommendation of the City Administration to award the bid to Guardian Security Systems, Inc. for $1,274.00 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 Guardian security Systme, Inc., at $1,274.00 per month for security services for the Airport Terminal Building. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol Freas, City Clerk Approved by Finance: e,9ef Suggested by: Fincaimm City of Kenai R280LUTION NO. 93-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE EXECUTION OF COOPERATIVE PARTICIPATION AGREEMENTS AMONG ALASKA MUNICIPALITIES AND SCHOOL DISTRICTS CREATING THE ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ARRANGEMENT. WHEREAS, AS 21.76 enacted by the 1986 Alaska Legislature provides a means for local governments and school districts to join together in a joint insurance arrangement intended to mitigate the cyclical and erratic nature of the conventional insurance market; and WHEREAS, a not -for -profit Association has been established pursuant to AS 21.76 by the Alaska Municipal League to provide risk management services for Alaska municipalities, city and borough school districts and regional education attendance areas; and WHEREAS, this Association will provide pooling of risks, self-insurance management, joint purchase of insurance, claims administration, loss prevention and control, insurance defense and other related risk management services on behalf of its members; and WHEREAS, similar local government associations throughout the United States have been able to assure insurance coverages while obtaining significant long-term economic savings for their members due to the joint buying power of the members, the non-profit tax-exempt status of the Association, the pooling and investment of premiums paid, and risk management services provided for members; and WHEREAS, AS 21.76.010 provides that two or more local governmental entities may enter into cooperative agreements for these purposes; and WHEREAS, the City wishes to participate in the Joint Insurance Arrangement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA AS FOLLOWS: Section 1. The City of Kenai hereby indicates its commitment to become a member of the Alaska Municipal League Joint Insurance Association, organized pursuant to AS 21.76. By making this commitment the City Council hereby accepts Resolution No. 93-51 Page Two and approves the bylaws of the Association, a copy of which is attached hereto and incorporated by reference. Section 2. The City Council hereby authorizes the execution of a Cooperative Participation Agreement, and a second Cooperative Participation Agreement for the Law Enforcement Joint Liability Protection Program (hereinafter the "Agreements") among municipalities, school districts and regional educational attendance areas creating the Alaska Municipal League Joint Insurance Association. The City Manager is hereby authorized and directed to execute said "Agreements" and such other documents as may be necessary to effectuate participation of the City as a member of the Joint Insurance Association. Section 3. The City Council pledges to appropriate sufficient funds for annual premiums and assessments under the "Agreements". The "Agreements" will go into effect upon receipt by the Association of a signed copy of this resolution and signed "Agreements". Amounts payable to the Association, as encumbered by the "Agreements" shall be classified as "operating expenses" and are subject to annual appropriation by the City Council. 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 Approved by Finance: (=qlg (6/9/93) kl 1791-1881 CITY OF KENAI CalaW 4 41 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 263-7538 FAX 907-283-3014 MEKOR71MUM TO: Kenai City Council FROM: Charles A. Brown, Finance Director C 4Q DATE: June 10, 1993 SUBJECT: Insurance As I briefly discussed in a memo to Council on May 27, 1993, I have been spending considerable time evaluating the City's insurance program, including the.possibility of joining the AML Joint Insurance Association (Pool). First, let's summarize current coverages and July 1, 1993 renewal quotes: Property (L.F. Last Frontier), Alaska National, $25,000 deductible $ 37,600 General Liability (L.F.), Alaska National, $0 deductible, $1,000,000/occurence, $2,000,000 aggregate 42,342 Auto (L.F.), Alaska National, $0 deductible, $1,000,000/accident 41,569 Public Officials (L.F.), Lloyds of London, Claims made form, $5,000 deductible, $1,000,000/ occurence, $1,000,000 aggregate 18,420 Police (L.F.), Lloyds of London, Claims made form, $25,000 deductible, $1,000,000/occurence, $1,000,000 aggregate 31,450 Excess (L.F.), National Union Fire, $3,000,000 36,000 Airport (W. & O. Walters & Olson), National Union, $1,000 deductible, $50,000,000 32,975 Contractor's Equipment (W. & O.), Phoenix �^ Assurance, $1,500 deductible 8,169 Memorandum Kenai City Council June 10, 1993 Page Two Worker's Comp. (W. & O.), Industrial Indemnity Subtotal (Renewals) To the above figure, we should add two policies that renew in mid -year: Ambulance Malpractice (W. & O.), $500,000/ $1,000,000 Physician Sponsors (EMT) Total, FY94 estimate (Renewals) 117,713 366,238 2,738 1,728 70 7 4 The AML/JIA pool offers some interesting possibilities. The City administration has never seriously considered the pool before now. There has been an underlying belief, perhaps false, that the City of Kenai would become a deep pocket for losses of a multitude of bush communities. After evaluating the plan, its pooling formula, its stop -losses, its reinsurance, and its management, I believe it can be a valid option to consider. There are actually two Pools, one for police and one for everything else (excluding airport). Let's look at the general pool first. This includes everything listed above except police, airport, and excess. If we joined this pool, I'd recommend buying airport through a broker for next year; I'd also recommend passing on the excess. Key provisions of the general Pool are: 1) First dollar coverage for all liabilities (note the deductibles on our renewing public officials and police coverages). 2) $2,250,000 per occurrence, no aggregates. This high limit is the reason why I believe we do not need excess coverage in the Pool. 3) All occurrence form; no claims made (no tail needed). 4) No Lloyds of London. 5) The reinsurance is placed with "A" rated companies. �'^ Memorandum Kenai City Council June 10, 1993 Page Three 6) For the first time, only a one-year commitment is required. This was a three-year commitment. 7) Refund or surcharge is limited to +/- 30%, individually, per line. 8) In its basic form, losses greater than $10,000 are pooled based on exposure (payroll). However, for the first time, we can select a deductible to escape pooling until a higher level. I'll explain later. The police Pool also provides $2,250,000 of coverage. There is no deductible. The first $100,000 of losses are charged to the affected municipality. Losses over $100,000 are pooled based on exposure. Anything over $250,000 is reinsured. This pool is riskier than the general pool; surcharges and refunds are not limited to 30% of premiums. This isn't as bad as it sounds. In most years, I'd expect significant refunds. It should work out in the long run. And, don't be misled into thinking we are not surcharged for losses now. Our renewal quote from Last Frontier for police went up 59%. The only event was a justified shooting for which no claims were made or paid. In its basic form, the Pool will not initially save the City money. But, refunds should result in savings in the long run. For comparison purposes, I have to add back the airport coverage. Comparable (but not exactly the same) coverages in both Pools will require an annual deposit of about $348,000. Adding the airport brings the FY94 total to about $381,000. Another $1,000 is saved from inclusion of some training materials that we now purchase. This brings the pool cost to about $9,000 more than the renewal quotes. But, that's not what I'd recommend. The City of Kenai is large enough, with adequate reserves, to modify its insurance program. We can safely assume more risk. When possible, I have avoided deductibles on liability lines because the insurance companies are likely to settle claims below the deductible level; it's not their money. But, in the Pool, deductibles can make more sense. The City can participate in adjusting decisions. This is the first year that the Pool has offered deductibles. Memorandum Kenai City Council June 10, 1993 Page Four I recommend the following deductibles in the Pools: General Liability and Public Officials $25,000 Auto Liability 25,000 Workers Compensation 0 Police Liability 0 Property and heavy equipment 50,000 Using $25,000 deductibles on general liability, public officials, and auto will save the City about $59,000. Increasing the property and heavy equipment deductibles from $25,000 to $50,000 will save about $6,000 more. Based on our experience, the City will save money over the long term using these deductibles. With regard to the general pool, the $25,000 deductible would work this way: 1) The City would pay the first $25,000 of each loss (General Liability, Public Officials and Auto). 2) The City would not participate in any loss pooling of the first $25,000 of each loss incurred by other municipalities. 3) Individual losses between $25,000 and $250,000, of the City and other municipalities, will be pooled based on exposure. This will reduce the City's exposure to pooled (other municipalities') losses in two ways. First, we won't participate in their losses of less than $25,000. Second, the 30% maximum surcharge is based on premiums; we just reduced our premiums with the higher deductibles. There are a variety of reasons that have persuaded me to recommend the Pool to the Council. I believe coverages, companies, and forms are better. We would have more flexibility, and the service is expected to be good. The Pool has adequate reserves. This is the direction the City should be heading, pooling its -losses in what is now a stable Pool and assuming more risk. For me, there is an added benefit. I will be able to avoid the annual insurance application and shopping process, the Memorandum Kenai City Council June 10, 1993 Page Five competition of local brokers, and the politics involved in the selection process. I recommend the Council join the AML/JIA Pools and adopt the resolution. If so, I will proceed as outlined above regarding the higher deductibles. ,If the resolution fails, I will°buy the traditional insurance policies (but even then will want to consider some money -saving options regarding coverages and deductibles). . ,e d:1jdw'em.ffl4VCENAH2.XL5 SAM 30 PM PROSPECTIVE PARTICIPANT'S FY94 ANNUAL DEPOSIT CONTRIBUTION From ALASKA MUNICIPAL. LEAGUE June 9, 1993 JOINT INSURANCE ASSOCIATION, INC. 217 Second St oat, Suite 200 Juneau, AK 9M1 OPTION 02 Phone: (907)586-= FAX (90"3-6480 ., CITY: KENAI 1. GENERAL LIABILITY - $26,000 Deductible Reported Payroll: $4,000,000 2. PUBLIC OFFICIALS - $23,000 Deductible Included in General Liability 3. AUTO LIABILITY - $25,000 Deductible Number of A utos: 70 4. WORKERS' COMPENSATION Total Roported Payroll: $4,000,000 6. PROPERTY Scheduled Values: Deductible: $50, 000 $20.158.000 Deductible -Mobile Equip.: $50,000 $1.759,562 6. Law Enforcement Liability Pool LELP TOTAL CONTRIBUTION: THIS IS NOT A BILL Premium: $89,200 Included in OL $15,400 $131,665 $20,158 $1,760 $26.000 c ii ivsTno eoz inc _viriiwtr Te•a c_'t;-nT-n :lA JAf.7c d. Wprem.f94W-ZNA1-1.XL$ SO10 3:S3 PM PROSPECTIVE PARTICIPANT'S FY94 ANNUAL DEPOSIT CONTRIBUTION From: ALASKA MUNICIPAL LEAGUE June 9, 1993 JOINT INSURANCE ASSOCIATION, INC. 217 Second Street, Suite 200 Juneau, AK 99801 OPTION 01 Phone: (907)586-32'Z2 FAX (907)463-5480 M" , CITY: KENAI M«M«r,,:;. • <.u.. :erg .....ct+r•...M..e CoYpeany xposu v: COREPack1w _... 1. GENERAL LIABILITY Reported Payroll: $4,000.000 S132,"3 2. PUBLIC OFFICIALS Included in General Liability Included In GL 3. AUTO LIABILITY Number of Autos: 70 $31,600 4. WORKERS' COMPENSATION Total Reported Payroll: $4,000,000 $131,068 S. PROPERTY Scheduled Values. Deductible: f25,000 $20,155,000 $25,196 Deductible -Mobile Equip.. $26, 000 $1,917,252 $2,397 6. Law Enforcement Liability Pool LELP $25,000 TOTAL CONTRIBUTION: THIS IS NOT A BILL 9 /E V DTOE R9Z LOR V1 mmv ' 0p:9 : PR-OT-C) : LA .IMW ll" ALASAA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. BYLAWS AS AMENDED 10129190 ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. BYLAWS ARTICLE 1 - NAME The name of this association shall be ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. bylaws: ARTICLE 2 - DEFINITIONS The following terms have the following meanings for the purpose of these (a) "AMU" means Alaska Municipal League. (b) "Annual Deposit Contribution" means the amount of contribution payable by a member of the Association for a particular type of risk coverage for a one- year period as determined by the Trustees of the Association, exclusive of entry fee and supplemental contributions, if any. (c) "Association" or "JIA" means the Alaska Municipal League Joint Insurance Association, Inc. (d) "Cooperative Participation Agreement" means a written agreement entered into by two or more local public agencies for the purpose of establishing, operating, or participating in a joint insurance arrangement. For the purpose of these bylaws, the phrase does not refer to any specific agreement but is a reference to whichever agreement applies for a particular program or Participant. (e) "Director of Insurance" shall mean the Director of Insurance of the State of Alaska. (f) "Joint Insurance Arrangement" means a joint insurance arrangement authorized under AS 21.76.010 to enable the participants to pool contributions of public monies, grants, loans, and income from investment of the same in joint insurance funds as are authorized by AS 21.76.010, in order to either assume such risks from losses to the participants as it may determine shall be assumed, or purchase any and all insurance coverage for the participants on a group basis, as authorized by statute. (g) "Local public agency" means any political subdivision of the state, �^ including any municipality, school district or regional educational attendance area as i AML JOINT INSURANCE ASSOCIATION BYLAWS Page -1= 10/29/90 defined in AS 21.76.10 or such other public entity as may be permitted under AS 21.76, and which is a member in good standing of the Alaska Municipal League ("AML" ). (h) "Municipality" means a political subdivision incorporated under the laws of the State of Alaska that is a home rule or general law city, a home rule or general law borough, or a unified municipality, and for purposes of the joint insurance arrange- ment, shall include pursuant to AS 21.76.010 school districts and regional educational attendance areas and all agencies or political subdivisions thereof, including without limitation, municipally -owned hospitals, utilities, service areas, port authorities or facilities, airports, and similar entities, agencies or services. (i) "Participant" or "participating member" means a local public agency which has joined the Association and is in good standing with the AML and the JIA, as set forth in Article 5, Section 1, below. 0) "Public liability" means any liability to which a political subdivision may be subject pursuant to the agreement. (k) 'Trustees" means the Board of Trustees of the Association, as provided in the Cooperative Participation Agreement, and as defined in AS 21.76.900(3). (1) The terms "administrator" and "fund" or "joint insurance fund" shall have the meanings ascribed in AS 21.76.900. ARTICLE 3 - PURPOSE AND OBJECTIVES Section 1 - General Purpose These bylaws are promulgated to create a joint insurance arrangement which may establish and operate such joint insurance funds under the Association as permitted by Alaska statutes, as an essential governmental service to members of the AML and Participants in the Association. Section 2 - General Obiectives The general objectives of the Association are to formulate, develop and administer a joint insurance arrangement for the Participants, to facilitate the availability of adequate coverage for, without limitation, liability, automobile and workers' compensa- tion, and such lines as are authorized by statute and the Trustees, to lower costs and assure availability of such coverage, to provide a program of loss prevention and control services, and to provide claims administration and covered insurance claim defense I--, AML JOINT INSURANCE ASSOCIATION BYLAWS Page -2 10/29/90 services. Risks which may be pooled include, but are not limited to, public liability; automobile liability, including liability to pay basic reparation benefits; automobile collision losses and losses customarily covered by the comprehensive coverage provisions of automobile insurance policies; property loss or damage; and workers' compensation. The joint insurance arrangement to be established pursuant hereto shall not be for disability insurance, health insurance, life insurance or title insurance, so long as such insurance is prohibited by AS 21.76.10(b). Section 3 - Use of Funds The Association shall be nonprofit and all funds in excess of expenses and costs of loss control activities and reasonable reserves required by law or greater, as established by the Trustees, shall be used to reduce the cost of insurance or increase risk protection for the Participants; excess funds may, at the determination of the Trustees, be distributed to the Participants as provided by the Cooperative Participation Agreement. 0 Section 4 - Activities of Association/Ownership of Assets It is intended that the Association shall perform those risk management activities with the assistance and cooperation of its Participants, including pooling of risks, self-insurance management, joint purchase of insurance, claims administration, insurance defense, loss prevention and control, and all other related activities which are essential governmental functions of the Participants. All income and assets of the Association shall be dedicated to the benefit of the Participants and shall be the property of the Participants according to their respective interests and as provided by the Cooperative Participation Agreement. ARTICLE 4 - NATURE OF THE ORGANIZATION The Association shall consist of a nonprofit corporation whose members are local public agencies of the State of Alaska, as defined in Article 2 hereof. Any local public agency in the state may become a member of the Association provided it is a member in good standing of the AML and agrees to comply with these bylaws and the rules, regulations and contractual commitments of the Association. Any local public agency that becomes a Participant of the Association may continue to be a Participant so long as it complies with these bylaws and the rules, regulations and contractual AML JOINT INSURANCE ASSOCIATION BYLAWS Page -3 10/29/90 commitments of the Association including payment of annual deposit contributions, unless membership is canceled or otherwise terminated in accordance with these bylaws and the Cooperative Participation Agreement. Participation in the Association commences upon the effective date of any risk coverage provided by the Association, and as provided in the Cooperative Participation Agreement. ARTICLE 5 - PARTICIPATION Section 1 - Comoosition The Participants of the Association shall be the local public agencies which are members in good standing of the AML, which complete the form of application which the Trustees shall specify, which upon approval of said application by the Trustees shall execute the Cooperative Participation Agreement (provided the JIA shall have received written notice of the execution of said agreement), and which thereafter comply with all of the requirements of the Association. Section 2 - Representation Each Participant shall be represented by a permanent representative who shall be the chief executive officer of each local public agency or his or her designee. Section 3 - Annual Meeting Annual meetings of the Participants shall be held each year, in conjunction with ,the AML Annual Conference. The purpose of these annual meetings is for the Trustees to present an annual report to the Participants concerning the premium year just ended. This meeting will include discussion and review of the program, and will be open to all Participating Members. Section 4 - Special Meetinas Special meetings of the Participants may be called at any time by the Trustees or by the chairman and shall be called by the chairman or secretary at the written request of at least one-third of the Participants or four Trustees. Section 5 - Place of Meetings All meetings of the Participants shall be held at such place in the State of Alaska as shall be designated in the notices or waivers of notice of such meetings, as determined by the Trustees. AML JOINT INSURANCE ASSOCIATION BYLAWS Page -4- 10/29/90 Section 6 - Notice Written notice of each meeting of Participants, whether annual or special, stating the time when, and the place where it is to be held shall be served either personally or by mail, telegraph or other form of electronic written communication, not less than 10 nor more than 50 days before the meeting. Notice of a special meeting that is called shall indicate that it is being issued by or at the direction of the person or persons calling the meeting. Each notice shall be directed to the representative of each Participant at his or her address as it appears on the application to participate in the Association, unless he or she shall have previously filed with the Administrator a written request that notices intended for him or her be sent to some other address, in which case it shall be sent to the address designated in such request. Section 7 - Quorum and Proxy A quorum shall consist of a majority of the designated representatives of the Participants in good standing, attending the meeting in person or by proxy, for purposes of conducting matters upon which a vote of members is required or permitted, provided that a proxy shall be counted only for purposes of establishing a quorum and voting on issues specifically set forth in the proxy. As to matters not specifically set forth in a proxy, the majority vote of the entire membership of Participants shall be required for. passage. No quorum shall be required to conduct a meeting of Participant members at which no vote is taken. Section 8 - Cancellation of Participation The Board of Trustees shall have the right to cancel a Participant's membership in the Association upon a two-thirds (2/3) vote of the entire Board of Trustees for those Participants taking part in any program whereby Participants assume risks from losses on a group basis. Grounds for such cancellation shall include failure to conform to loss prevention or safety programs; failure to adhere to material provisions of the Cooperative Participation Agreement or default in performance of obligations under said Agreement; failure to meet underwriting standards established by the Association; insolvency of the Participant; or such other condition as the Association, acting through the Trustees, shall determine and incorporate by agreement. For any program whereby Participants purchase coverage on a group basis, the Participant's membership in that AML JOINT INSURANCE ASSOCIATION BYLAWS Page -5- 10/29/90 program may be canceled in accordance with the applicable insurance policy and Cooperative Participation Agreement. Section 1 - Function The Association shall be governed by a Board of Trustees. The Trustees shall operate the Association and administer the joint insurance arrangement on behalf of the Participants pursuant to these bylaws and shall be composed of the number of trustees appointed in the manner hereinafter set out, and shall have the functions, powers, and duties hereinafter set forth. Section 2 - Membershin (a) An interim Board of Trustees of nine (9) members shall be appointed by the AML Board of Directors to govern the formation of the Association and its operation until the AML Board of Directors appoints the first Board of Trustees in accordance with subsection (b) of this section. (b) The first Board of Trustees shall be appointed by the AML Board of Directors for the following terms: Two members shall serve a one-year term; Three members shall serve a two-year term; Two members shall serve a three-year term. The first appointed Trustees shall meet the qualifications set forth in subsection (c) of this section. After the expiration of the terms of the first Trustees, the successors shall serve for the terms specified in subsection (c). The Executive Director of the AML shall serve as an ex-officio, nonvoting initial Trustee for a term concurrent with his or her tenure as the AML Executive Director. (c) After the expiration of the term of the initial Board of Trustees, the Board of Trustees will consist of seven M members appointed by the AML Board of Directors for two-year staggered terms. Each Trustee shall hold office until the annual meeting at which his or her successor is appointed. The Trustees will consist of the following: (1) Two (2) AML Board members; and (2) five (5) individuals, including appointed or elected officials from local public agencies appointed for their expertise in insurance, finance AML JOINT INSURANCE ASSOCIATION BYLAWS Page -6- 10/29/90 administration, risk management, law, or other areas of expertise deemed appropriate by the AML Board. (d) The ExecutiveDirector of the AML shall serve as an ex-officio, nonvoting member of the Board of Trustees for a term concurrent with his or her tenure as the AML Executive Director. (e) Not fewer than four (4) -members of the Board of Trustees shag be representatives of Participants. Consideration shall be given to geographic and population distribution when Trustees are appointed. (f) Individuals interested in serving on the Board of Trustees must submit a completed application in a form approved by the Trustees not less than ninety (90) days before the annual meeting. Section 3 - Officers of the Association (a) Chairman and Vice Chairman. The Trustees shall elect a Chairman and Vice Chairman of the Association at its first meeting, each to hold office for a one- year term and until a successor is elected. Thereafter at the annual meeting of each succeeding calendar year, the Trustees shall elect or re-elect the Chairman and Vice Chairman for the ensuing year. In the event the Chairman or Vice Chairman so elected ceases to be a member of the Board of Trustees, the resulting vacancy in the office of Chairman or Vice Chairman shall be filled at the next regular or special meeting of the Trustees held after such vacancy occurs. In the absence or inability of the Chairman to act, the Vice Chairman shall act as Chairman. The Chairman, or in his or her absence, the Vice Chairman, shall preside at and conduct all meetings of the Trustees and shall be a member and the Chairman of the Executive Committee. (b) Administrator. The Administrator shall have the general administrative responsibility for the activities of the Joint Insurance Arrangement and shall retain all necessary employees thereof. The Administrator need not be a member of the Board of Trustees. (c) Treasurer. The Treasurer shall be appointed by the Trustees and shall be a person other than the Administrator and shall not be a member of the Board of Trustees. The duties of the Treasurer are set forth in the Cooperative Participation ' Agreement. AML JOINT INSURANCE ASSOCIATION BYLAWS Page -7- 10/29/90 (d) Secretary. The Secretary of the Board of Trustees shall be appointed by the Trustees and shall. be a person other than the Chairman or Vice Chairman, and need not be a member of the Board of Trustees. The Secretary shall be responsible for keeping and maintaining minutes of the meetings of the Participants and Trustees of the Association, and other records, contracts, and documents pertaining to the Association. Section 4 - Quorum At all meetings of the Trustees, the presence of a simple majority of the membership of the Board of Trustees (i.e., five Trustees for the interim Board and four Trustees thereafter) shall constitute a quorum. An affirmative vote of a simple majority of the membership of the Board of Trustees (i.e., five votes of the interim Board and four votes thereafter) shall be required to pass any motion, except as to those matters for which a greater majority is specified in these bylaws or by contract. Section 5 - Meetinas The Trustees shall meet at least once per calendar quarter and at such other times as determined by the Trustees. Special meetings shall be held whenever called by the Chairman or at the request of three Trustees. (a) Minutes. The Trustees of the Association shall cause minutes of regular, adjourned regular and special meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board of Trustees. Copies of the minutes shall be made available to each participant upon request. Section 6 - Notice Written or telephonic notice of at least five working days shall be sent to each Trustee prior to any meeting, unless waived. Notice shall be deemed given on the day notice is sent. Telephonic notice shall be confirmed by letter, telegram or other comparable electronic or written communication. Any Trustee may waive notice in writing either before or after the date of the meeting, and if such waivers are received from all Trustees not present, any action taken at the meeting shall be valid as though due notice had been given. 7 AML JOINT INSURANCE ASSOCIATION BYLAWS Page -8- 10/29/90 Section 7 - Own Meetings Meetings of the Trustees shah be open to all participating members except the Trustees may hold closed, executive sessions for claims, personnel, litigation or any matter the immediate knowledge of which would adversely affect the finances of the JIA or any of its Participants, or subjects that tend to prejudice the reputation and character of any person, or matters which are required to be confidential pursuant to law. Section 8 - Telephonic Meetings Any meeting which has been duly noticed and which could properly be held by Trustees attending in person, may, at the discretion of the Chairman, or at the request of at least three Trustees, be conducted via conference telephone or similar means of simultaneous electronic communication. Section 9 - Vacancy Any vacancy on the Board of Trustees occurring by reason of an increase in the number of Trustees or the death, resignation, disqualification, removal, the inability to act of any Trustee or otherwise, shall be filled for the unexpired portion of the term by a majority vote of the AML Board of Directors, at any regular or special meeting of the AML Board of Directors. Section 10 - Resignation Any Trustee may resign at any time by giving written notice to the Board of Trustees, to the chairman or secretary of the Association, and to the Executive Director of the AML Unless otherwise specified in such written notice, such resignation shall take effect upon receipt thereof by the Trustees or such officer, and the acceptance of such resignation shall not be necessary to make it effective. Section 11 - Removal Any Trustee may be removed with or without cause at any time by an affirmative vote of three-quarters (3/4) of the AML Board of Directors at a regular or special meeting called for that purpose. Any Trustee subject to such removal shall be given not less than 10 days written notice of the fact that the issue of his or her removal shall be decided, and of the date, time and place of such meeting, and shall be afforded an opportunity to present written or verbal comment upon the proposed action prior to any decision thereon. AML JOINT INSURANCE ASSOCIATION BYLAWS Page -9- 10/29/90 Section 12 - Comoensation The Trustees shall serve without compensation, but shall be entitled to reimbursement of actual and reasonable expenses incurred in the performance of their official duties upon approval of the Trustees. The Association reserves the right to make reservations or prior arrangements for such expense items as airlines and hotels, and to establish a per diem rate or allowance to cover other incidental expenses. Section 13 - Bondina The Trustees may obtain, and expend Association funds to maintain such fidelity bonding or employee or directors' errors and omissions, malfeasance or misfeasance insurance coverage as is deemed appropriate. ARTICLE 7 - POWERS AND DUTIES OF THE BOARD OF TRUSTEES The Trustees may establish and manage any joint insurance funds, pools, policies and other services contemplated in these bylaws, and may: (a) Prepare specifications, request bids, and enter into any contract for the purpose of underwriting, administering or providing any services to the joint insurance funds or their Participants, policies or services contemplated in these bylaws. (b) Determine the rates, risks, benefits and temps of participation in the joint insurance funds, policies or services contemplated in these bylaws; adjust the rates and benefits based on claim experience and file such rates and terms as required by law. (c) Provide for individual or collective underwriting or other agreements for Participants in any joint insurance fund, policy or service contemplated by these bylaws; serve as the policyholder of any group policies; determine the methods of claims administration and payment, consistent with law; determine extent of loss prevention required; provide claims experience reports for Participants collectively or separately; pool or purchase excess insurance and reinsurance. (d) Determine the amount of contributions or appropriations required from Participants for the purpose of participating in any part or all of the joint insurance funds, policies or services established pursuant to these bylaws. (e) Establish standards for eligibility of Participants in any joint insurance fund, policy or service, and procedures for enrollment and withdrawal in any joint insurance fund, policy or service; and establish effective dates of coverage. AML JOINT INSURANCE ASSOCIATION BYLAWS Page -10- 10/29/90 (f) In accordance with a Cooperative Participation Agreement filed with the Director of Insurance, provide for the administration of any joint insurance fund established hereunder, for the manner of payments to such joint insurance fund or funds, policies or services which may be established, and establish procedures for safekeeping, handling and investing such joint insurance fund or funds and any monies received or paid. With respect to each fund, claim reserves are to be accounted for by policy year for incurred but not yet paid, as well as incurred but not reported, losses. (g) Define the duties of the employees of the Association, particularly an Administrator or Insurance Manager and establish record requirements for the Association to enable the correct billing of contributions and fees, enrollment of Participants and their employees, and payment of claims. (h) Serve as or appoint an appeals body for complaints of Participants and their employees regarding allowance and payment of claims, eligibility and other matters (subject to the jurisdiction of the workers' compensation commission and other governmental agencies having jurisdiction), and establish procedures for grievances of �^ Participants and their employees. 1 (i) Study the operation of joint insurance funds, policies or services, gross and net costs, administrative costs, benefits, utilization of benefits and claims administration. 0) Incur expenses, acquire and hold property, and enter into agreements necessary to accomplish the purposes of these bylaws; exercise the full power and authority of any Participant of the Association with respect to risk management matters when required to do so by contract with the Participant; or otherwise provide for necessary activities to accomplish the purposes of these bylaws. (k) Contract for such professional services as it may deem necessary and fix the time, manner, and payment therefor. (1) Contract with any qualified organization to perform any of the functions necessary for the carrying out of a joint insurance arrangement, including excess loss insurance or reinsurance, handling of claims, loss prevention and control services, administrative services and any and all other services that the Trustees shall AML JOINT INSURANCE ASSOCIATION BYLAWS Page -11- 10/29/90 deem expedient for the proper servicing of those Participants who use the services of the Association. (m) Provide for proper accounting and reporting procedures for each of the Participants so that it shall be apprised at all times of the nature of the claims arising within its jurisdiction, the manner in which these claims are being handled, and the impact of the same upon the joint insurance. (n) Provide for annual audit of the books of the Association by certified public accountants and provide a copy of such audit to each Participant and to the Legislative Budget and Audit Committee pursuant to statute. (o) Annually provide for a review of its operations and general condition by a recognized, independent, actuary who is a member in good standing of the American Academy of Actuaries, including a determination that the actuarial assumptions used for establishing reserves in any joint insurance fund are sound, and provide a copy of such review to the Legislative Budget and Audit Committee. (p) Provide for a detailed report of the operation and condition of each joint insurance fund or funds, within sixty (60) days of the end of the fiscal year, to be filed with the Director of Insurance, in accordance with accounting principles established by AS .21.76, and be available for public inspection, pursuant to AS 21.76.080. (q) Terminate membership of any Participant which fails to abide by the requirements of the Board concerning: payment of the annual deposit contribution and any other contributions, installation of safety requirements, accounting and reporting, claims administration, compliance with other risk management standards, cooperation with the claims agents or attorneys representing the Association or any of the Partici- pants; or terminate membership of any Participant which, in the judgment of the Trustees, acts in a manner detrimental to the fiscal soundness or effectiveness of the Association. (r) Develop and prepare Cooperative Participation Agreements to be signed by each Participant as it joins the Association and thereafter. (s) Determine the amount of insurance, if any, that shall be purchased by the Association insofar as catastrophic coverage, excess loss coverage, stop loss or other types of coverage. 7 AML JOINT INSURANCE ASSOCIATION BYLAWS Page -12- 10/29/90 (t) Require the securing of a fidelity bond or similar insurance coverage upon each and all of the employees of the Association and upon other persons charged with the duty of handling any of the monies or investments of the Association. (u) Pay claims by, to, or on the behalf of Participants, including claims made against Participants. (v) Borrow money to carry out purposes of these bylaws and of the Association. (w) Lend money from one joint insurance fund it administers to another it administers on such terms and conditions as it may determine. (x) Review, modify, I necessary, and approve the annual operating budget of the Association. (y) Invest money held by a joint insurance fund as reserves and money not needed for daily operations. (z) Exercise all of the {powers necessary or desirable to carry out the purposes of the Association or the specific powers enumerated in this article. All material contracts, leases and agreements or other legal documents shah be approved by resolution of the Trustees (including omnibus resolution for routine matters) and shall be executed by the chief administrator, chairman or other authorized agent and may be attested by the secretary or assistant secretary if required by such resolution. ARTICLE 8 - CONTRIBUTION OF MEMBERS. COVERAGE LIMITS. RMNTIONS AND EXCESS INSURANCE The Trustees shall establish a method for determining contributions to joint insurance funds using the following guidelines: (a) Any Workers' compensation joint insurance fund shall be separate from any other joint insurance fund. (b) Each joint insurance fund shall maintain a reserve for contingencies. The reserve for contingencies may be advanced to the fund and placed at risk by the Participants contributing to the fund. The Trustees shall determine the exact amount of the reserve, subject to any statutory or regulatory minimum. Advances to the reserve for contingencies shall be evidenced by certificates, which shall bear interest at the rate to be determined by the Trustees from time to time. The AML JOINT INSURANCE ASSOCIATION BYLAWS Page -13- 10/29/90 Association may pay interest to Participants on their respective reserve for contingency certificates, at such times and in such amounts as the Trustees may determine. (c) No joint insurance fund shall commence sharing of risks until the Association shall have received contributions from Participants in the amount required by the Board of Directors. (d) The Trustees may establish a retention for each Participant. (e) The Trustees shall establish the amount of liability with respect to claims against its Participants which each fund shall assume. (f) Each joint insurance fund may obtain excess insurance or reinsur- ance with respect to claims against its Participants which each joint insurance fund shall assume. (g) Each joint insurance fund may obtain excess insurance against aggregate fund liability for all claims as determined by the Trustees. (h) Each Participant or former Participant of a joint insurance fund shall be responsible as determined by the Board of Trustees for additional contributions to the fund in the event as to any coverage year, losses (including incurred but unreported or unpaid losses) and expenses exceed the annual deposit contribu- tion and income earned on such contributions. A former Participant shall be responsible, under this section, for its proportionate share of additional contribu- tions only for losses and expenses attributable to the time period of its participa- tion in the program. Participants taking part only in a group purchase program, however, shall not be responsible for additional contributions due to a deficit in the risk -sharing program. Such additional contributions shall be determined by the Trustees based upon each Participant's proportionate annual deposit contribution in comparison to the aggregate annual deposit contributions of all Participants - for those Participants taking part in a program whereby risks from loss are shared on a group basis. For Participants taking part only in a group purchase program, such additional contributions, if any, may be based on their proportionate annual deposit contribution or other factors. The Trustees shall establish the amount of additional contributions which may be required from any Participant. With respect AML JOINT INSURANCE ASSOCIATION BYLAWS Page -14 10/29/90 (,. to the liability, automobile, and property fund, the amount shall not exceed a specified percentage of the Participant's contribution for the coverage year for which the additional annual deposit contribution is required. (l Annual deposit contributions of Participants shall be deterrraned by the Trustees on the basis of each joint insurance fund's insurance provided, reserve for contingencies, reserve for losses, cost of excess insurance, cost of conventional insurance for each Participant, claims experience, administrative costs, and other pertinent factors. ARTICLE 9 -ADMINISTRATION Section 1 - Administrator The Trustees shall appoint an Administrator to serve as chief executive officer of the Association. The Administrator shall have the general supervisory control over the day -today decisions and administrative activities of the Association. Section 2 - Employees/Contracts for Services The Trustees may appoint such other officers or employees and employ or contract with the AML or other persons or entities for such administrative, planning, research or other services upon such terms as may be necessary or in the Trustees' judgment desirable to carry out the purposes of these bylaws and of the cooperative participation agreements. Section 3 - HirinaPBorrowing" of Employees The Administrator shall have the power to hire such persons as the Trustees authorize for the administration of the Association, including the "borrowing" of management -level or clerical employees from the AML and/or one or more of the Partici- pants to assist in the development phase or subsequent administration of the Joint Insurance Arrangement of the Association, subject to the approval of the Participant. Any Participant whose employee is so "borrowed" according to this provision shall be reimbursed by the Association for that employee's time spent or services rendered on behalf of the Association. AML JOINT INSURANCE ASSOCIATION BYLAWS Page -15- 10/29/90 �rll 1 Section 1 - Executive Committee The Board of Trustees may appoint an Executive Committee of the Board of Trustees which shall consist of an odd number of not less than three nor more than five Trustees, as determined by the Board of Trustees. Two of the members of the Executive Committee, if established, shall be the Chairman of the Board of Trustees, and the nonvoting, ex-officio member from the AML; the remainder of the members, after their original election, shall be elected by the Trustees at the same time the officers of the Board of Trustees are elected at the annual Association meeting each calendar year. The Chairman of the Association shall serve as the Chairman of the Executive Committee. The Board of Trustees may delegate certain powers of the Trustees as outlined in Article 7 to the Executive Committee, as it deems appropriate. The Executive Committee may not take any action contrary to previous action of the full Board of Trustees nor make any decisions that would require an amendment of, or be inconsistent with, the Bylaws or Cooperative Participation Agreement. The Trustees may review all acts of the Executive Committee, and shall have the power to modify and/or override any decision or action of the Executive Committee upon a majority vote of the Board of Trustees. ARTICLE 11 - INDEMNIFICATION OF TRUSTEES, OFFICERS, EMPLOYEES. AND AML The members of the Board of Trustees and officers and employees of the Association shall use oFdinary care and reasonable diligence in the exercise of their powers and in the performance of their duties for the Association and shall not be liable for any mistakes of judgment or other action, taken or omitted by them in good faith; nor for any action taken or omitted by an agent, employee or independent contractor selected in good faith by them or any of them; nor for loss incurred through investment of Association funds or failure to invest. No trustee, officer or employee shall be liable for any action taken or omitted by any other officer, Trustee, or employee. The Association shall defend, indemnify and hold harmless each Trustee, officer, and employee for expenses, including attorney's fees, and the amount of any judgment, money decree, fine, penalty or settlement for which he may become liable by reason of his being, or having AML JOINT INSURANCE ASSOCIATION BYLAWS Page -16- 10/29/90 been, a Trustee, officer or employee of the Association who exercises powers or performs duties for the Association, except in relation to matters as to which said Trustee, officer of employee is finally adjudged in any action, suit or proceeding to be liable for failure to act in good faith in the performance of his or her duties as such Trustee, officer, or employee. ARTICLE 12 - FISCAL YEAR The fiscal year of the Association shall commence July 1 of each year and end June 30 of the succeeding year, or as determined by the Board. ARTICLE 13 - ENROLLMENT Any local public agency which is a member in goad standing of the AML and is otherwise qualified to participate in the Cooperative Participation Agreement may enroll as a Charter Participant of the AML Joint Insurance Association. A Charter Participant shall be a Participant who enters into the Cooperative Participation Agreement prior to its initial effective date. The Trustees may provide such incentives to encourage charter participation as it deems appropriate, including without limitation, the levying of additional administrative expenses and cost sharing adjustments against Participants which elect to join at a later date. ARTICLE 14 - WITHDRAWAL FROM PARTICIPATION A Participant may withdraw from the Association, subject to the provisions of these bylaws and of the Cooperative Participation Agreement. A Participant may not withdraw from participation until after a three-year period, except that Participants enrolled only in a group purchase program may withdraw in accordance with the applicable insurance policy and Cooperative Participation Agreement. The required three-year period commences on July 1, 1988 for Participants executing the Agreement prior to that date and on July 1 of the calendar year in which coverage commences for Participants executing the Agreement on or after July 1, 1988, except that Participants taking part only in a group purchase program may begin their participation when coverage commences under the applicable insurance policy. Any withdrawal by a Participant shall be effective only at the end of the fiscal year, and only after giving the Association not less than six (6) months written notice of intent to withdraw. The first opportunity to provide such notice of intent to withdraw shall be not less than six (6) months prior to the expiration AML JOINT INSURANCE ASSOCIATION BYLAWS Page -17- 10/29/90 of the initial three-year period. These limitations on the time and notice required for withdrawal shall not apply to Participants taking part only in a group purchase program. Those Participants may withdraw according to the applicable Cooperative Participation Agreement and insurance policy. Such withdrawal shall not exonerate a withdrawing Participant from liability incurred during the term of its participation, or pursuant to the Cooperative Participation Agreement. ARTICLE 15 - DISSOLUTION In the event of a dissolution of the Association, but only after the payment, or provision for, all debts, claims and liabilities, any remaining assets shall be paid over to those local public agencies who have been Participants at some time during the three- year period preceding the dissolution date established by the Board, in proportion to their respective contributions to the Association during the three-year period immediately preceding the dissolution date established by the Board and as provided in the Cooperative Participation Agreement. Participants who have taken part only in a group purchase program shall not share in the distribution of assets upon dissolution. Section 1 - Interim Amendment Procedure (until Mav 1. 1988). Until May 1, 1988, the interim Board of Trustees may amend the bylaws by motion approved by two-thirds of the membership of the interim Board of Trustees; i.e., by six votes. Any such amendment will become effective only after presentation to the Participants, provided that a majority of the Participants do not submit their written disapproval within the time prescribed by this section. Upon the approval of the interim Board of Trustees, the amendment shall be sent by certified mail, return receipt requested, to all Participants. Said amendment shall become effective at the time specified in the amendment, unless the JIA receives the written disapproval of a majority of the Participants within fifteen (15) days after the Participants' receipt of said amendment. In no case, however, shall any amendment become effective until the time for receipt by the JIA of such written disapproval has expired. AML JOINT INSURANCE ASSOCIATION BYLAWS Page -18- 10/29/90 .- i.��_'4i� 1 _Amendment Procedure after = May �•�= lnfti4on of • After May 1, 1988, amendments to the bylaws may be proposed by the Board of Trustees, (in accordance with subparagraph (i), below), or by any designated JIA representative, (in accordance with subparagraph (ii), below), for approval by the Participants as described in paragraph (b), below. passed by the Board of Trustees, an amendment to the bylaws shall be submitted to the Participants in accordance with paragraph (b), below. proposed amendment prepared by any designated JIA representative shall be presented to the Board of Trustees not less than one hundred twenty (120) days before the annual or special meeting at which the amendment will be presented, to allow the Board time to investigate the amendment, determine its feasibility, prepare written statements concerning the pros and cons of the amendment. -and make its recommendation. Such information shall be mailed to the Participants for their review not less than thirty (30) days before the annual or special meeting. If the Trustees determine that the amendment is unacceptable in form as presented, they may send the amendment back to the Participant who prepared' it, with suggested changes, and the Participant may revise the amendment and return it to the Board for further consideration. (b) Presentation to Participants. of Trustees. If an amendment is initially proposed by a designMed JIA representa- tive and is deemed acceptable in form by the Trustees, or Is initially proposed by the Board of Trustees, a ballot will be prepared, and the Trustees will present any such amendment to the Participants at the annual meeting or a special meeting, along with the written statements and ballot. The designated local public agency representatives will take the proposals back to their local public agency, to determine if they wish to accept the amendment, and the local public agency will AML JOINT INSURANCE ASSOCIATION BYLAWS Page -19- 10/29/90 formally pass a resolution to accept or reject, and return it to the Trustees as its official vote. (ii) Amendment if Form Unacceptable to Trustees. Any Participant will have the right to -bring an amendment before the Participants at the annual meeting or a special meeting, even if the Trustees do not judge the amendment to be in acceptable form, if such Participant presents a petition approved by resolution of 30 percent of the current Participants. (c) Amendment Procedure. Any amendment to the bylaws proposed under this section must be approved by not less than two-thirds of the Participants. Such amendments shall take effect at the time set out as the effective date in the amendment, or, if no such effective date is provided, at the beginning of the following fiscal year. No amendment shall affect existing contract rights, unless such rights are modified by mutual consent. ARTICLE 17 - OFFICE The principal office of the Association shall be in such location as the Trustees shall decide within the State of Alaska. The Association may also maintain offices at such other places within Alaska as the Trustees may from time to time determine. ARTICLE 1 - OFFICIAL The Trustees of the Association may adopt an official seal in such form as they may determine, which seal may be affixed to official documents of the Association. The undersigned certifies the foregoing bylaws have been adopted as the amended bylaws of the Association. DATED this day of o v cm A r r , 1990. CHAIRMA {t v� �q » ✓ c. AML JOINT INSURANCE ASSOCIATION BYLAWS Page -20- 10/29/90 Suggested by: Administrat. f City of Kenai RESOLUTION NO. 93-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $5,000 IN THE GENERAL FUND FOR ADDITIONAL ATTORNEY FEES IN THE INLET WOODS LITIGATION. WHEREAS, attorney fees in the Inlet Woods special assessment litigation have once again exceeded the City Administration's estimates; and WHEREAS, the Administration's latest estimate is that the case will incur an additional $5,000 of fees by the end of the current fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $5,000 To: Legal - Professional Services $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1993. ATTEST: Carol L. Freas, City Clerk Approved by Finance: �gd (6/10/93) kl r JOHN J. WILLIAMS, MAYOR Suggested by: Administration City of Kenai RESOLUTION NO. 93-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A RADIO MAINTENANCE CONTRACT TO SOUTHCENTRAL COMMUNICATIONS FOR A THREE-YEAR PERIOD. WHEREAS, the City of Kenai scheduled a bid opening on June 7, 1993 for maintenance of City radios and radar equipment for a three-year period; and WHEREAS, no bids were received; and WHEREAS, the City negotiated a three-year contract with a potential bidder. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a three-year contract for radio and radar equipment maintenance be awarded to Southcentral Communications at a cost of $8,988 per year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1993. ATTEST: Carol L. Freas, City Clerk Approved by Finance: C (6/11/93) kl T' JOHN J. WILLIAMS, MAYOR =I KENAI AIRPORT COMMISSION June 10, 1993 City Hall Council Chambers Chairman Hill Toppa 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. APPROVAL OF MINUTES May 6, 1993 5. OLD BUSINESS a. Roadway Vote - (Tabled from May 6th) b. Kenai Airport Alliance 6. NEW BUSINESS tea. Curbside Parking mob. Short Term Parking Policy c. Car Rental Lease Rates d. Rental Space Partitions AIRPORT MANAGER'S REPORT 8. COMMISSION COMMENTS AND QUESTIONS 9. INFORMATION ITEMS a. User Fee b. Awarding Taxiway C. Floatplane Advertising Schedule for June d. City Council Agenda - June 2, 1993 e. Space Bid f. Landing Fees 10. ADJOURNMENT D,:5 KENAI HARBOR COMMISSION f-" June 7, 1993 Kenai City Hall Tommy Thompson, Chairman 1. ROLL CALL: The meeting was called to order by Chairman Thompson at 7:07 p.m. Commissioners present were: Thompson, Spracher, Munn, and McCubbins. Commissioners absent: Eldridge, Altland, and Jahrig. Also present were Councilman Bookey, and Messrs. Freden and Kornelis from the City of Kenai. 2. APPROVAL OF AGENDA: Hearing no objection, the agenda was approved. 3. APPROVAL OF MINUTES OF MAY 10, 1993: MUNN MOVED FOR APPROVAL OF MINUTES BY UNANIMOUS CONSENT AND MCCUBBINS SECONDED. MINUTES STOOD APPROVED. 4. PERSONS SCHEDULED TO BE HEARD: Swede Freden Everything is ready for the start of the season. Already a few fuelers have been in. The restrooms are all together. The ramp is getting used, especially over the holiday weekend. The fee collection box is not up yet but should be done within the next week. It needs to be mounted and instructional signs will be made and placed just above the box. Discussion regarding the length of the ramp and the old Valdez 50 ft. steel plank. Mr. Kornelis will ask for some photographs and talk with Valdez regarding the condition, weight, and possible cost of shipping it to Kenai. 5. OLD BUSINESS: a. Nothing new. b. Kenai River Viewing Flats. McCubbins stated Polar Screens had offered to do an 8 ft. x 2 1/2 ft. board of the four major mountains/volcanos with dates of the eruptions for $335. Kornelis stated he would look in his budget to see if he could find money for the project. Discussion whether it should be out of Harbor or Parks budget. Councilman Bookey stated he would bring it up before Council to get their feelings regarding such a project. HARBOR COMMISSION June 7, 1993 - I - C. Ramp. Mostly covered with presentation from Swede Freden, however, Councilman Bookey stated this type of project could be considered under the capital improvement wish list the Mayor will take to Juneau next session. d. Mud at dock. Eldridge, Altland, and Jahrig were to be contacting people regarding their assistance in the cost of dredging. Since none of the Commissioners were in attendance, discussion will be postponed until the next meeting. 6. NEW BUSINESS: a. Draft Ordinance. Discussion regarding enforcement of such an ordinance. It was felt that the situation of allowing people to camp without sanitary facilities needs to be addressed and this ordinance may be a place to start. Last year the Harbor bathrooms were trashed by campers/cannery workers coming over and using the facilities because none were supplied to them. This ordinance could possibly give the private property owners and police some leverage. ACTION TAKEN: MCCUBBINS MADE A MOTION TO PASS THE DRAFT ORDINANCE TO THE CITY COUNCIL FOR THEIR APPROVAL. NUNN SECONDED. MOTION CARRIED UNANIMOUSLY. b. Goals and Objectives. Setting goals and objectives has not been done for some time so Chairman Thompson recommended each Commissioner to start thinking about specific projects for the Harbor. The needs and opportunities will be far more visible this summer than in the winter. Drawing up some goals and objectives will provide direction for the Commission. The Commissioners were encouraged to bring their ideas to the next meeting to start working on the goals to tie into the budget appropriations. 7. INFORMATION: None. 8. DISCUSSION: None. 9. COMMISSION COMMENTS AND OUESTIONS: None. 10. ADJOURNMENT: The next meeting is scheduled for July 12, 1993. Councilman Bookey and Chairman Thompson will probably not be in attendance. HARBOR COMMISSION 17 June 7, 1993 MUNN MOVED TO ADJOURN AND MCCUBBINS SECONDED. CHAIRMAN THOMPSON ADJOURNED THE MEETING AT 8:40 P.M. Respectfully ubmitted, Earlene Ree Recording Secretary for the City of Kenai KENAI ADVISORY LIBRARY COMMISSION June 1, 1993 Kenai Community Library Jerry Hanson, Chairman 1. CALL TO ORDER: The meeting was called to order by Chairman Hanson at 8:07 p.m. 2. ROLL CALL: Commissioners present were: Hanson, Heus, Brown, Rodes, and Brenckle. Also present were Library Director Mrs. DeForest, Councilwoman Monfor and KPC Librarian Clausen. Ed Meyer was also present during the meeting. 3. APPROVAL OF AGENDA: Hearing no objections, the agenda was approved. 4. APPROVAL OF MINUTES OF MAY 4 1993: The spelling was corrected on two names. BRENCKLE MADE A MOTION TO APPROVE BY UNANIMOUS CONSENT THE MINUTES AS CORRECTED. THE MINUTES STOOD APPROVED. 5. PERSONS SCHEDULED TO BE HEARD: Nancy Brown spoke regarding the Summer Reading Program that will run through July 10. Corrie Hall will be helping with the program and the theme this year is "Go Wild With Wetlands". 6. LIBRARIAN'S REPORT: The new computer disks still are not in because a program upgrade needed to be installed. Director DeForest is hoping the disks can be installed and be on-line by next Wednesday. Seven first -grade classes toured the library in three sessions just before school let out. The teachers were given pencils and library card applications to pass out to the children when the returned to their classroom. Eighty-three children attended the four story hours in May. So far 125 children have signed up for the summer reading program. Tom Murphy has advised Library Director DeForest he will be moving to Anchorage for a job and will have to resign. Applications for commission vacancies have been received from Ed Meyer and Pastor Hay. A student rep application was received from Amy Price. KENAI ADVISORY LIBRARY COMMISSION June 1, 1993 Page - 2 OLD BUSINESS: A. Goals and Objectives. Mayor Williams appreciated seeing the revised goals and objectives that the Commission is working on. Discussion regarding the list of goals accomplished. Emily DeForest will have them for the next meeting and at that time the Commission may recommend the entire package to go to the Council. 3. Book Sale. The book sale will be Friday and Saturday, June 11 and 12, from 9:00 a.m. to 5:00 p.m. A sign-up sheet for volunteers is on the back door and all commissioners were encouraged to sign up. C. Survey Results. Discussion regarding the approximately 175 completed surveys received. Chairman Hanson will write a summary of the survey and a package of the survey, complete with comments, will be made for a late August or September Council meeting. D. Student Representative. Discussion regarding the application of Amy Price who will be a senior next year. BROWN MOVED TO RECOMMEND TO THE COUNCIL THE ACCEPTANCE OF AMY PRICE AS STUDENT REPRESENTATIVE FOR THE LIBRARY COMMISSION. BRENCKLE SECONDED. MOTION CARRIED UNANIMOUSLY. S. NEW BUSINESS: A. Next Meeting Date. There will be no meeting in July and the next meeting will be August 3, 1993, at 7:30 p.m. 9. COMMISSION COMMENTS AND QUESTIONS: Heus commented on the news article regarding Jeanette Neel and her service to the library. She felt it was very good publicity for the library. 10. ADJOURNMENT: BROWN MOVED TO ADJOURN AND HEUS SECONDED. CHAIRMAN HANSON ADJOURNED THE MEETING AT 9:05 P.M. Respectfully sik�mitted, Earlene Reed, Recording Secretary for the City of Kenai D-5 KENAI PARKS & RECREATION COMMISSION June 8, 1993 Kenai City Hall Richard Hultberg, Chairman 1. ROLL CALL: The meeting was called to order by Chairman Hultberg at 7:24 p.m. Commissioners present were: Hultberg, Sandahl, Carlson, Gifford, Massie, Seibert, and Student Rep. Cox. Also present was Mr. McGillivray from the City of Kenai. 2. APPROVAL OF AGENDA: Hearing no objections, the agenda was approved. 3. APPROVAL OF MINUTES OF MAY 11 1993: SEIBERT MOVED FOR APPROVAL BY UNANIMOUS CONSENT. GIFFORD SECONDED. MINUTES WERE APPROVED. 4. DIRECTOR'S REPORT: a. Summer Hire. The summer hire crew came to work on June 1 and have been put to work on various tasks. b. Beautification Update. Bob Frates sat in on the committee meeting this afternoon. The Blue Star Memorial is being done by the Boys & Girls Club. The concrete around the memorial is falling apart and they asked the City to supply new cement. Since the City is unable to supply, the cement and rock will be pulled out and an edging will be put in. The volunteers have collected $611 in donations and expect to use that to purchase additional plants. C. Little League. The league is now is full swing. Work needs to be done on the fields. d. Adult Softball. The adult softball just completed a tournament with six teams and a local team won. 5. OLD BUSINESS: a. Budget. At the last Council meeting, Councilwoman Swarner made a motion to reduce the firepit fund by $1,500 and to transfer that money into personnel which passed unanimously. b. Bernie Huss Fitness Trail. Peninsula Fence is drawing up a quote to fence the area. If a fence gets put up, then they can look at what can be done to repair the stations. KENAI PARKS & RECREATION COMMISSION June 8, 1993 Page - 2 c. Rec Center. Effective June 1 the Rec Center will be closed on Sundays. 6. NEW BUSINESS• a. Goals and Objectives. Discussion of park expansion or development and budgeting restrictions. At least two work sessions will be needed to review what has been discussed in the past and what new development should occur. Also, the recreation programming needs to be looked at. Commissioners will come to the August meeting with their ideas and then will scheduled desired work sessions. b. Oilers Park. Gifford commented on the Oilers Park stating it needed a good cleaning. ACTION TAKEN: GIFFORD MADE A MOTION TO APPROACH TO THE OILERS TO CLEAN UP THEIR PARK, PAINT THE OUTSIDE OF THEIR FENCE, AND FILL IN THE OUTSIDE STRIP FROM THE FENCE TO THE ROADWAY ALONG WITH A GENERAL LITTER CLEANUP. SANDAHL SECOND. MOTION CARRIED UNANIMOUSLY. Gifford was appointed to contact Steve Horn of the Oilers with the Commission's concerns. 7. CORRESPONDENCE/DISCUSSION: Gifford was informed that the new playground equipment on will probably be put up first on Fourth Street. The Arco -Jesse Owen Games will be on June 26 and volunteers will be needed for the event. S. ADJOURNMENT: There will be no July meeting. At the August meeting, Commissioners need to come prepared to discuss their ideas for goals and objectives. MASSIE MOVED TO ADJOURN AND CARLSON SECONDED. CHAIRMAN HULTBERG ADJOURNED THE MEETING AT 7:49 P.M. Respectfully submitted, Earlene Reed, Recording Secretary for the City of Kenai 1791-18H1 �—� L11Y OF KENAI 210 FroALOO KENAI, ALASKA 9mi TELEPHONE 283 - 7535 FAX 907.283-3014 �r�t***flr�tRwtlYAiItIMAi!*i*i�4t2r#!*i*�Ri�r*!!*A�t1M�klA*!A#t�*�k0:��#��tA�t�RtM�tIA*A�*A MEMORANDUM DATE: June 4, 1993 TO: Planning and Zoning Commission FROM: Loretta Harvey, Administrative Assistant RE: JUNE 9TH MEETING The above referenced meeting has been canceled due to lack of agenda items. The next regularly scheduled meeting will be June 23rd. 1791-1991 D4 CITY OF KENAI „DEC Capdal 4 4i4d,4�„ 210 FIDALGO KENAI, ALASKA 99511 TELEPHONE 283 - 7535 FAX 907-283.3014 6 ZONING COIMISSION May 26, 1993 - 7:00 P.M. City Hall Council Chambers Lx� ROLL S"L ry(v [APPROVAL OF AGE T - May 12, 1993 ti •_4•:•, : : All S. v J Resolution PZ 93-17: vb.,y�Resolution PZ 93-20: 6. PLANNING Kcherita Katering (Continuation) Rezone Along Evergreen Street R5-1 ODi. Proposed City Land Sale Coastal Management Program Consistency Reviews Residential Floating Dock: Beaver Creek 13 - Bailey 7. NEW BUSINESS 8. OLD BUSINESS 4'1 X�,,iW. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) a. Quandt Property a. City Council b. Borough Planning C. City Administration :�;: •,: • is :,� • -. � -. MAGM4 . KE NAI PLANNING & ZONING COMMISSION MAY 26, 1993 - 7:00 P.M. CITY HALL COUNCIL CHAMBERS Commissioners present: Absent: Also present: MOTION: Duane Bannock, Kevin Walker, Ron Goecke, Lori McComsey, Phil Bryson Carl Glick (excused) (1 vacancy) Jack La Shot, City Engineer, and Kathy Viall Administrative Assistant Goecke MOVED approval of Agenda. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. MOTION: Wallmr MOVED approval of minutes as presented. Bannock SECONDED. PASSED BY UNANIMOUS CONSENT. a. Resolution PZ 93-17: Kcherita Katering Bryson This is a continuation of a public hearing that was initiated at the last regularly scheduled meeting. At this point I would open that public hearing up for public comment. If you testified at the last meeting that testimony is part of this record, if you have additional things to say you are welcome to add these comments. "PUBLIC HEARING - VERBATIM" Myrna Davidson, I believe my husband testified at the last meeting. We were the original subdividers, um, we also built the house that the proposed catering service is going to be at and as he told you before, the house is not a very large house and it's not really adequate for, um, an inn, well or dining facility. Also, along the back of it, I don't know if anyone said anything KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 2 or not, or you'll notice in your packet where they have indicated there is a second access from the Spur Highway onto this property. I need to let you know that access is not a legal access off the highway and, um, if you'll go back to the original records when we subdivided it states in there that there shall be no access onto the property that borders the highway other than the approved roads in the subdivision and that is not an approved road. That was originally put in there years ago before it was ever subdivided when my husband, uh, granted a right-of-way to the adjoining property owner and that right-of-way was vacated when we subdivided so you need to know that is not a viable option. Uh, the traffic that we get down through that road, we live at the end of that road, and we get a lot of traffic down that road in the summer time from people looking for the river, even though it says not a through road there. Um, I don't think that this would be real compatible with the area around there, one thing we've got strict covenants on the subdivision and that's the very reason we put them on there to begin with because we did not want this area to erode into a business area. We wanted it strictly for single- family dwellings and, you know, that's what we'd like to keep it as and let you know that we strongly object to any other use of that property. Bryson does anyone have any questions for Ms. Davidson. Is there anyone else that would like to speak on this item? Sherman Jones I live at 520 Robin Drive, I live on the adjacent property, right next to it, lots 14 and 15. Uh, uh, on this access road there they're talking about, that access road is actually on another mans property it shouldn't even be on this map. The state gives very clear where it's at back on my property and uh, also the, where they plan on putting the uh, parking lot in the front where it's over the water well that infringes over my property there also. And uh, I went over and talked to Bob at the Dept. of Environmental Conservation and there has not been anyone there to ask about any DEC approve or have filed a contingency plan and without that they can't even open it, it has to be approved before they can even ask for a permit from the commission. Uh, and it says the operator Section 18 AAC 31.210 "The operator of an establishment shall dispose of sewage and liquid waste into a public sewer or a sewage disposal system built and operated in accordance with 18 AAC 72," which is commercial. Uh, that is not in this book or I would read it, to you, but uh, before anyone can, I would think ask for a permit they would have to make sure that it could be approved by DEC. You have to have approved plans and specifications and that you are not allowed to do anything without those, (inaudible) approval from the regional supervisor or the designed, which would inspect it. I ask that this commission turn it down on that basic fact alone. Uh, and also, that you don't break the covenants of our subdivision, maybe think about how you would feel if someone wanted to start something like that in your subdivision, or by your residence. Also the very next day after the May 12th meeting, I was working out in the shop and there was a little llh year old girl walking up the street all by herself headed for the highway, it could happen again, but I picked her up and took her home, her mother happened 17 to be asleep so I'm just glad I'm there, that kind of thing does happen in our neighborhood, not KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 3 very often but it could possibly happen again. We certainly wouldn't want that kind of traffic coming in there and as I spoke last time they will be serving alcohol and they will be impaired. That's another reason I ask the commission not to pass this. That's all. Bryson Any questions? Thank you. Is there anyone else that would like to testify on this resolution? Tom Rhyner I live at 505 Robin Drive. Because we do have covenants, I think it would be real important anyway for you, if you're seriously considering granting this to check with the City Attorney at least and see what the City's responsibility is to abide by covenants that subdivisions have inside the city. The fact that Jim and Myrna both came and told you the reasons the covenants were put in was to make sure that businesses didn't move into the neighborhood and I'm sure that's the intent of single family dwellings only, doesn't mean a house that you run a business out of, it means a house that you live in, period. And, uh, since that's the intent and they told you the intent, I think it would be real important at least to make sure that the City Attorney would feel that, if you were to grant this, that it wouldn't be placing the city in a (inaudible) position. That's all I have. Bryson Thank you, is there anyone else that would like to speak. Hearing and seeing none we will come back to the commission for action. Wishes of the commission. **END VERBATIM" Goecke I would like to ask Jack if there has been anything more that he has heard? La Shot No. Bryson If there's a motion to be made I think it might be (inaudible). MOTION: Bannock MOVED of Resolution PZ 93-18. Walker Bryson Discussion on motion. Bannock Mr. Chairman this past week I have been going over some of this and my thoughts on this particular issue are, it really looks to me that in this weeks packet we don't have as much information as we did last week, but it really looks to me like there is two separate requests here. With permission of the commission, I would like to address both of those requests individually. Request no. 1 being the catering, request no. 2 being the reservation only fine dining. Perhaps I would like to make a motion that we could address those each as separate issues. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 4 Bryson If you wish to address those separately I would, you want to segregate the issues. Walker I would like to offer an amendment to the motion that we have before us on the table I think we can probably do that, rather than split the question. I don't think we can split the questions legally. At this time the amendment I would like to offer would be to delete the fine dining portion of the business as requested on the permit, that would leave only the catering portion on this permit. Goecke Second. Bryson Discussion on the amendment. My comments are there's been a request specific for catering and fine dining, as far as the conditional use permit I don't know that we have leeway where we can delete one from consideration. Might (inaudible) one of them, but as far as delete from the application I don't think so. If we had someone to rule on that I would feel more comfortable, but that's my opinion. Walker I fully realize that they may very well desire only the permit as stated and if they were represented here they could answer that specific question, I do not see a representative here so I chose to enter that. We can vote it up or vote it down, I don't think it would be appropriate to split the question in one way or another so we can vote this up or down as this group chooses. 17 If they decide that they don't want that type of permit that would be certainly their option. Bryson Further discussion. Vote on the amendment. I1.1 Z 10)V� • Walker moved to not split the motion, Goecke seconded. Vote: Bannock - yes, Bryson - no, Goecke - no, McComsey - no, Walker - no. Bryson Motion fails due to lack of quorum. We have the main motion before us right now, at this point represented by the original Resolution. I guess addressing the general concerns expressed during testimony, I guess I am quite uncomfortable approving a use that flies in the face of the intent of covenants, even though they're not highly specific on what uses, they do somewhat infer that business issues are not one of the things they intended there. I don't necessarily feel that the DEC situation is an issue because I think that is something before they operate they will have to conform to the permits for a class c well and a sewage system capable of serving the area and I believe they would have to get a waiver from the conditions to fit on the lot any way. They have their chores set out for them. At this point I stand opposed. Bannock I feel in a box about this because, as a conditional use permit perhaps we can get out of it. I don't have a problem with the catering part of it for a couple different reasons. Like you I'll not really weigh the DEC because that's a problem between the applicant and the state, it's 7 KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 5 not something the City of Kenai is really involved with. In regards to the question of covenants, I did specifically ask that question last week and to see if the City of Kenai has a responsibility to uphold covenants. As reflected in the minutes, the city does not. I do think however, the code can cover for that where it says "such uses must be in harmony with the intent of the zone." I find it, I think that the catering portion could fit in there, not that much more different than the previous business that was going on in there. I know that there is a covenant here that says there will be no commercial business going on here, but a commercial business is a commercial business and there was a commercial business operating out of this particular spot before. I don't see that the catering business, I wish Mr. Morrison were here so I could be a little more specific on it, my views of the catering and my idea of what would go on in the catering portion of it would be that the food would be assembled,, packed, and arranged then carried to someones party. That is what I see as the catering business. Not people coming to the house to eat, not people coming to the house for dining, but rather the trays and that effect. So, as a conditional use permit, I really think that we have the ability to offer that to the Morrison's I'm just not sure of the right language to put it into a positive and if we have to vote on exactly what is requested or not. If we have to vote on the whole thing or nothing then I'll have a no vote. I'd like to figure out a way that we could get the catering part in there because I would be willing to offer a positive vote on that. Bryson Other discussion? I personally don't feel a separation of the issue is the problem, Kevin thinks it is and I stand corrected if I am wrong. As long as both issues are at rest per the original application, I would think it would be reasonable to, if it was interpreted as a motion made originally then there was no seconds. Bannock Would then a motion be appropriate that said something like approving the catering business and denying the fine dining business? Bryson I would say that flies in the intent of the original motion. An amendment cannot change the intent of the original motion. If they were taken as separate issues for approval I would think that they would be concurring. Goecke Mr. Chairman, would it be appropriate to make a motion addressing only recommending approval of catering, and then making a motion for, that's kind of what we just talked about. I'm trying to figure a way to.... Bryson We have a motion before us to approve the resolution the way it was written. It needs to be, is they need to be split apart so they can be voted on separately, if that's the intent of the commission. Goecke In other words, what we need to do now is to remove from the floor the original motion and second? KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 6 Bryson No, all you have to do is request a segregation of the question. MOTION AND VOTE: Goecke made a MOTION to move to have a separation of these two items. Bannock Second. Bryson Discussion on approval of the catering. Walker I call for a question on that one. Bryson Any further discussion. Vote: Bannock - yes, Bryson - no, Goecke - yes, McComsey -no, Walker - 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, Goecke - no, McComsey -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 r KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 7 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 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 they 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 event 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 (prevent) 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 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-plex 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 7 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 dust around there, I would rather 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 Jaclonski 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, homes 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 least, it's just that I want to see a nice 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 Spenard type development there. Unless it's rezoned and there are covenants regulating development to this property to the extent 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. I KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES 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. Gourley 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. Walker 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... Walker No, I'm talking about a four block radius. Gourly So you're talking all the way up basically to Forest Drive, so you're talking Eadies and all those back into, towards Sears. Walker 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 keep 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 really 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 just 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 see 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... Gourley 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. **END OF VERBATIM** 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 Residential - Resolution 93-20. Walker Seconded. Bryson Discussion. Bannock Could we AMEND that MOTION to make 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. Walker Water and sewer would only be available only after the improvements were complete. Barnette 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? La 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 I KENAI PLANNING & ZONING COMMISSION 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 I 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, Walker - yes. MOTION PASSED. Bryson Further discussion on the main motion, no requests, call for question. Vote: Bannock - yes, Bryson - yes, Goecke - yes, McComsey - yes, Walloer - yes. MOTION PASSED. 6. PLANNING a. Proposed City Land Sale Bryson The next issue has already been discussed at length. Jack do you have anything further? KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 17 La Shot We pretty well covered it. We're simply running it by to see what you think, if any of these parcels should be retained for any reason. Bryson Comments? Goecke I concur with what the city's planning to do, get some of this property out of city hands. At this point in time we could get some housing going, get some energy as far as residents are concerned moving in this direction, I think we'll all be better off. The more building that you have in an area it seems like you get a good push from the whole area. I think that's what the city needs. Bryson There is pressure for small lots on water and sewer. Builders have been looking for these. Walker This property, as noted, is good level property, reasonable water table, adjacent to road, easy to develop, I can't think of a better spot in town because of access and water and sewer are easy to stub out. Do we have to take any action on this? Bryson No, I think this is more of an informational item. La Shot Unless you find or recommend another purpose for this land. Bryson Is this in conformance with the land use plan? La Shot Yes. Bryson I am glad to see an area upgraded to this zoning level because that's the first time it's been used. The other area was R1. I think RS-1 has a good purpose, it just hasn't been utilized. La Shot It seems like there's been a scurry of people inquiring about lots. Several builders are looking at Inlet Woods but of course they're tied up. Bryson Any other comments? On to the next issue. b. Coastal Management Program Consistency Reviews Residential Floating Dock: Beaver Creek 13 - Bailey Bryson Any comments? Bannock Is this draft from the City Administration or Borough Planning. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 18 Bryson Kenai Peninsula Borough. Bannock What kind of action are we looking for on this? Are we looking for an approval or what? Bryson This came before the Borough Planning Commission last Monday. Mr. Bailey had requested to speak on the issue. His intent was to respond to any questions that were asked. His comments were accepted by the Planning Commission and the project was recommended for approval so at this point the city could comment on this, the comment period is only open until today, I guess. Doesn't give any time. There was a concern on the Borough review staff on the type ax (?), but the planning commission did not have a concern. MOTION AND VOTE: Bannock made a MOTION of non -objection to approval. Wallace SECOND. Passed by Unanimous Concent. 7. NEW BUSINESS None 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/ 14/92) Bryson Has he been contacted? I would expect him back in town soon. 9. CODE ENFORCEMENT a. Quandt Property Bryson There's no update in this issue? La Shot I haven't looked in the past few days. The state was giving them until June 1 to try for a CUP or remedy the situation. Bryson It looks like they're being moved around a little. Any further comment? No City Council or Planning Commission report. The one issue that concerned the commission was the Beaver Creek Floating Dock, it was recommended to be approved. The other item that drew a lot more comments was a complicated platting issue further up the Kenai River, Sterling area, granting a permanent easement to a property owner. City Administration, any comments. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 19 11. PERSONS NOT SCHEDULED None 12. INFORMATION ITEMS None 13. COMMISSION COMMENTS & QUESTIONS La Shot I think our new building inspector will be here in a couple of days, several capital projects we're bidding and getting ready to bid the Evergreen area paving if Council approves. McComsey Over on Walker Lane and Lawton there has been a garage sale going for the last month. Has anyone else complained about that? La Shot I'll add that to my list. I don't think they're supposed to go for more than a few days. I'll check it out. Walker Jack, Councilman Smalley's not here, could you provide any information regarding the Courthouse building. What is it's supposed to be completion date? La Shot July 15 or August 1. At this point it looks like it's going to be later. Walker Any more on the piles of dirt? La Shot I don't know, I'm not as close to the project as Keith is. Bryson Have you looked into testing it since it's been aerated? La Shot I think there'll be less contamination now than at first. Bryson Commission questions. Goecke I heard today that Clint Hall has bought 50 or so of the lots in Inlet Woods, yesterday. La Shot I don't know if that's true or not. Goecke The city does not have all of those lots tied up because there is still payments coming due and when the payment comes due they attach them a few more lots. They've not ever gotten to that point. Right now the city is talking about this settlement thing, basically letting them off the hook for a high dollar number. i KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MINUTES PAGE 20 La Shot I haven't heard that Clint was trying to get in there. He has come to the city several times asking if there was a way to do such a thing, but I haven't heard that he actually pulled something off. If he did it's with the McLanes. Bryson The title to those are solidly clouded and it all the legal parties will know at the time if there is a sale. La Shot The deal we read about in the paper whereby McLanes are offering a certain amount and using personal property as collateral maybe a future deal will allow them to be sold. There are a few lots there that are privately owned. Walker Doesn't the city outright own a few lots in that area and didn't we have a sale concerning some of those. La Shot There was about eight of them. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:45 p.m. Respectfully submitted Kathy Viall for Loretta Harvey Administrative Assistant RSNAI BEAUTIFICATION CONKITTBS June 8, 1993 *** 1:30 p.m. Public Works Conference Room Chairwoman Loretta Breeden *AMENDED AGENDA 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES May 11, 1993 4. OLD BUSINESS Reports on: a. All America City Garden - Delilah Langenhuizen b. Boys & Girls Club Garden - Linda Bonewell C. Various Flower Plantings and Lilacs/Roses - Linda Swarner d. Plans for Volunteer Appreciation - Jeanene Benedict (" e. Volunteer List - Nina Selby f. Financial Report - Sharon Williams g. Extension Service - Donation of Shrubs/Perennial Plots h. Fire Pit Status i. Kenaitze IRA Plantings j. Annette Saling's Plantings Cooperative Extension Garden k. Planting on Lake Street 5. NEW BUSINESS a. Next Years Plans for Beautification Projects b. Thank You Letters C. Letter to Editor General Thanks d. Care and Maintenance of Plantings e. Requesting Top Soil From Spur Highway Project f. Payment of Bills (Washburn, Feldman, Swarner, etc.) g. Adopt -a -Park: Municipal 6. COMMENTS AND QUESTIONS 7. ADJOURNMENT Please contact Loretta Harvey at 283-7933 if you are unable to attend, so we can establish a quorum. KENAI BEAUTIFICATION CONKITTEE June 8, 1993 *** 1:30 p.m. Public Works Conference Room Chairwoman Loretta Breeden XIN0TE8 1. ROLL CALL Members present: Delilah Langenhuizen, Glenn Jackson, Annette Saling, Jeanene Benedict, Loretta Breeden Also present: Councilwoman Swarner, Bob Frates, Linda Bonewell, Loretta Harvey 2. APPROVAL OF AGENDA Additions to the agenda were: 4. Old Business: i. Kenaitze IRA Plantings j. Annette Saling's Plantings Extension Sign k. Planting on Lake Street 5. New Business: g. Adopt -a -Park in Municipal Park Area 6. Questions & Comments. MOTION i VOTE: under Cooperative Jackson MOVED agflroval of agenda as amended. Benedict SECONDED. PASSED UNANINOUSLY. 3. APPROVAL OF MINUTES May 11, 1993 Changes were: Linda Swarner added to attendance. Carroll Martin (not Harold) Page 3 (Paragraph 2): Should be "Breeden asked if Washburns could be reimbursed for roses and lilacs from donations made by Benedict and Martin to the Beautification Project." Delete 2nd sentence. Delete last half of last sentence and replace with "After discussion the Committee decided that most people had donated toward the purchase of roses and lilacs." Under motion and vote: Change motion to "Benedict moved to pay $171 to Washburns for roses and lilacs from Beautification Project Account." ��' KENAI BEAUTIFICATION COMMITTEE �... June 8, 1993 - Meeting Page 2 Under 5d. Breeden "appointed" Benedict, Williams and Langenhuizen volunteered to help. Page 6: Last paragraph Breeden offered to help Frates with "locations" of the roses and "lilacs". Minutes APPROVED as amended. 4. OLD BUSINESS_ Reports on: a. All America City Garden - Delilah Langenhuizen Letters have been sent to the other cities regarding this garden but there has been no response to date. The garden was supposed to be dedicated on July 4th, so it doesn't look like it will be finished this year. b. Boys & Girls Club Garden - Linda Bonewell The children have been preparing the beds in the Blue Star Memorial and in front of the club. The rocks on the Blue Star bed crumbled and Bob Frates suggested just eliminate the bottom tier. Bonewell offered to help remove the rocks. They are planning to plant at 3:00 p.m. Tuesday the 15th. Lori Evans from the Clarion may do an article on the day the kids plant the bed and Ron Holloway is planning to have an item on his radio program. Bonewell invited members of the committee to help. Breeden said she felt it was a wonderful program for the children. C. Various Flower Plantings and Lilacs/Roses - Linda Swarner The perennial beds received more flowers on Friday there are still some irises to be planted. The plantings around the Fire Station should be started soon. The Chamber has been planted. Frates reported the roses and lilacs seem to be doing well, the crew is watering three times a week. The crew will try to start edging around the beds next week. d. Plans for Volunteer Appreciation - Jeanene Benedict Benedict reported that she had not had time to work on this since the last meeting. f', KENAI BEAUTIFICATION COMMITTEE June 8, 1993 - Meeting Page 3 e. Volunteer List - Nina Selby Breeden reported that Nina was having some health problems. She asked that the Committee remember Nina if surgery is required. Swarner asked that Tricia Spencer be added to the volunteer list. f. Financial Report - Sharon Williams Breeden reported for Williams: 682.00 Beginning balance - 171.00 Paid to Washburn 100.00 Contribution Kenai Air 611.00 Ending Balance g. Extension Service - Donation of Shrubs/Perennial Plots Breeden reported for Sig Restad, they will be donating some shrubs. Breeden invited the Committee members to visit the plot today because he is doing some gardening. All community garden plots have been filled this year, the interest may be up due to the "Year of Beautification" project. h. Fire Pit Status Swarner reported the budget for this item was approved by Council for $2,500. i. Kenaitze IRA Plantings Breeden reported for Leah Spaulding. Spaulding had contacted the Library and they had not gotten back to her on plantings there. She had informed Breeden that any gardening efforts by Ryan's Creek would be a "major pain". She will also be meeting with Pat Porter and Swarner regarding plantings at the Kenai Senior Center and Kenai Bicentennial and Visitor Center. j. Plantings under Warren Larson Sign Saling said a request has been sent to the Alaska Railroad for ties for this bed. k. Plantings on Lake Street Selby had told Breeden about this. Cone had donated the dirt for this. Selby would be contacting Merle Dean Feldman for some flowers. KENAI BEAUTIFICATION COMMITTEE June 8, 1993 - Meeting Page 4 5. NEW BUSINESS a. Next Years Plans for Beautification Projects Breeden asked if the Committee wanted to do more projects next year or just maintain the existing beds. The Committee agreed to see how the project progresses for one year and than reevaluate projects for the coming year. Everyone agreed that the project should continue in some form, since there were alot of nice areas that could still be planted. Jackson commented he would like to see improvements in the restrooms, including water to each one. Frates said he would like to see adequate park signs in the future. Swarner said she would like to see a circle planting at the end of Leif Hansen in front of Dan's TV. b. Adopt -a -Park Swarner said she had talked to a representative from Redoubt Plumbing who would like to adopt -a -park. Kayo talked to her about Municipal Park and said she should talk to Frates about this. Swarner said she had a list of signs to be made for the Warren Larsen test plot which would identify the trees, etc. Bobbie Jackson had some small roses which she would sell the City of $1 each. C. Thank You Letters From the City Breeden said she would talk to Mayor Williams about who should write the letters of thanks from the City. d. Letter to Editor General Thanks The Committee agreed that Breeden should write a letter of general thanks to the Applause section of the Clarion. e. Care and Maintenance of Plantings Breeden reported that Kayo McGillivray, P&R Director is concerned about the maintenance of the beds due to limited P&R staff time. Several members said they were checking on the beds and pulling weeds, etc. on a regular basis. KENAI BEAUTIFICATION COMMITTEE June 8, 1993 - Meeting Page 5 f. Requesting Top Soil From Spur Highway Project Swarner reported that a request has been made but that it is unlikely the City can get free topsoil since the Contractor can usually sell it. Swarner said the City could send a letter but they may not get a response. g. Payment of Bills (Washburn, Feldman, Swarner, etc.) Already discussed under item 4 f. 6. QUESTIONS & COMMENTS Jackson said there needs to be a restroom near the Cooperative Extension garden. 7. ADJOURNMENT There being no further business Jackson moved to adjourn the meeting at approximately 4:00 p.m. The meeting was adjourned. Respectfully Submitted, Loret earv:e--y r i�i+W_r_t+wr± r D4 KENAI BEAUTIFICATION CONKITTEE May 11, 1993 *** 1:30 p.m. Council Chambers Chairwoman Loretta Breeden 1. ROLL CALL ;• • MARI 5 1 a 3. APPROVAL OF MINUTES April 13, 1993 4. OLD BUSINESS a. Review of Status on Beautification Project b. Resolution, Discussion, and Comments on: 1. All America City Garden 2. Fire Pit 5. NEW BUSINESS a. Immediate Future Plans for Beautification Project b. Managing Donation Funds C. Recruiting Volunteers/Service Organizations d. Develop Plans for Volunteer Appreciation 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 F.' KENAI BEAUTIFICATION COMMITTEE 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; Councilwoman Linda Swarner Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA 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 Carroll 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 RENAI BEAUTIFICATION COMMITTEE May 11, 1993 - Meeting Page 3 o Airland Transport will be transporting the roses and lilacs, (Mayor Williams suggested thank you letter to Chet Soares, 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 Cooperative 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. KENAI BEAUTIFICATION COMMITTEE May 11, 1993 - Meeting Page 4 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 donations so thanks can be sent. Breeden asked if Washburns could be reimbursed $171 for roses and lilacs from Benedict and Martin's contributions to the Project Account? After discussion the Committee decided that most people had donated toward the purchase of roses and lilacs. MOTION AND VOTE: Benedict MOVED to pay $171 to Washburn for roses and lilacs from Beautification Project 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 appointed Benedict to head this committee. Williams and Langenhuizen volunteered to begin 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. 6. PERSONS SCHEDULED TO BE HEARD 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. KENAI BEAUTIFICATION COMMITTEE May 11, 1993 - Meeting Page 5 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 recommend to Council reviewing Hansones 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 their 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. 7. OUESTIONS AND COMMENTS Swarner reported that Council had taken an unofficial poll at a previous work session and decided to offer Tom Manninen of Michigan the City Manager position. Benedict reported that the Seniors had worked on cleaning up the Bridge Access road as part of the State's Adopt -a -Highway Program. Frates said he needed some help in placing roses in the Blue Star Strip. RENAI BEAUTIFICATION COMMITTEE May 11, 1993 - Meeting Page 6 Breeden expressed concerns that some of the stakes had already been moved. She said she would help Frates with the location of the roses and lilacs. • • ) Z_a; There being no further business the meeting was adjourned at approximately 4:00 p.m. Respectfully submitted, ore Harvey Administrative Assistant E-/ AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUN Z, 1993 7 t 00 P.M. KENAI CITY COUNCIL CNAMBERS 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. MarkAir Representative: Leasing former SouthCentral space at Kenai Airport. 2. ERA 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. C. PUBLIC HEARINGS 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 P� 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 Training 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 i Associates for design and project management services on the Street Paving 1993 Haller, Evergreen, XcKinley, North Gill, Second, Third, Fourth, Jefferson, and Eadies flay 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 Games of Chance and Contests of Skill Permit Application - Sons of the American Legion Squadron #20. 16. *1993 Games of Chance and Contests of Skill Permit Application - Kenai Peninsula Archers. 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. f • .I WOW S 1. *Rights -of -flay on Fish & wildlife Service, U.B. 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. r 4; 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council K. PROPOSED EXECUTIVE SESSION -- Inlet Woods KENAI CITY COUNCIL REGULAR NESTING JUNE Z, 1993 7:00 P.I[. KENAI CITY COUNCIL CHAMBERS JOHN J. WILLIAKOp MAYOR ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Smalley, Monfor, McComsey, Bookey and Swarner (arrived at 7:04 p.m.). Absent was Measles. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: C-6, Additional Information regarding 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. D-4, Library Commission - Appointment to replace Commissioner Tom Murphy and appointment of student representative. Williams requested C-13 be moved to be heard prior to C-1 in order that Mr. Coffey be able to leave on an earlier flight to Anchorage. MOTION: Councilman Smalley ROVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilwoman Monfor SECONDED the motion. There were no objections. 80 ORDERED. • . ; .44 �..1" Mayor Williams requested the following change to the Consent Agenda: ADD: H-e, *Ordinance No. 1550-93 - Amending the Official City of Kenai Zoning Map for a Portion of the SE 4, Section �36, T6N, R11W, S.M. (a 200 Foot Strip Along Evergreen I, Street). KENAI CITY COUNCIL MEETrNG MINUTES JUNE 2, 1993 PAGE 2 MOTION: Councilman Smalley ROVED for approval of the amended consent agenda and requested 01711tI1[OUS CONSENT. Councilwoman Monfor SECONDED the motion. There were no objections. 80 ORDERED. Xarkkir Representative: Leasing former SouthCentral space at Kenai Airport. WILLIAMS: The first item of business to come before us this evening under Scheduled Public Comment, we have a representative here from Mark Air regarding the former SouthCentral space at a, leasing space, at Kenai Airport. Please give your name. We have a sign in sheet there. Your name for the record please. JONES: Thank you Mr. Mayor and members of the council. My name is Greg Jones. I'm Vice President of Properties for Mark Air. I um, I came tonight to formally request the opportunity to move our ticket counter in the city's airport into the space formerly occupied by SouthCentral. We um, I believe the space became available in March. We applied very quickly thereafter for that space. I think the city has properly advertised the space. At the time of the advertisement, if I'm not, if I'm correct, I believe we were the only ones to indicate an interest in it. And we're still interested. The space that we have now is inadequate for a couple of reasons. Our ah, the back office portion of it is too small for the level of operations we have, both in terms of the administrative activities, as, and the passengers and freight. The operational end of it, the space that we've requested is far, is larger and far more adequate for the level of operations that we provide to the community. We ah, we enjoy serving the Kenai/Soldotna area. We think we've done a good job. We ah, our market share tends to support that contention on our part. We are doing very well here. We're committed to stay in ah, in this area. We are, we try to be good corporate citizens. Provide benefits to the community to the charities and the local groups that need assistance, um, both in terms of donations, as well as travel assistance. And, ah, I KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 3 think, I think that you would find, it, it would be difficult to find better corporate citizens in this type of, in this type of environment. We have had a, as you are all aware, had a much publicized, bout in bankruptcy court. We shortly to emerge from that and ah, emerge as a healthy airline. We've, we believe we've used the bankruptcy codes as they are intended to be used and that's to reorganize our airline to continue to serve this community and the rest of the state and the portions of the Lower 48 that we currently serve. We're here to stay. Ah, we're here, and I'm here to make that commitment to you that we're going to stay and continue to serve this community. We're going to continue to come up with innovative methods to serve the community, such as the van service that we do, and ah, what we'd like is an opportunity to expand our service to occupy the space that, that we have entered, indicated an interest �j in. Um, I guess at this point I am unsure what your procedures are to accomplish this in the future. We're not sure where, where we go from here in order, in order to take the next step. Ah, and I'd be glad to answer any questions about what, what our intentions are and we can and can't do and would, would very much like to hear what we can do to accomplish this. WILLIAMS: Ah, it's interesting to note that we, ah, we've been coasting along here for a few months, and all of a sudden we have both carriers before us this evening requesting that we, you know, that we look at their position with regards to leasing that other space. Ah, we do have a request from ERA Aviation with regards to leasing the space as well. Ah, one of the questions I might pose to you is that if you're willing to apply to the Bankruptcy Court for permission to pay off indebtedness to the city prior to us considering any lease transfer of that sort? JONES: Absolutely. We, as you know, those payments that were caught in limbo during bankruptcy, we're not free to pay. We clearly are able to pay that, that indebtedness. And all we'd need to do is, if it's a condition of the city... if occupancy of that ticket counter is a condition, if, if payment of that debt is a condition of occupying that ticket counter, we'll simply ry immediately apply to the Court and we think we'd be able to show KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 4 the benefit necessary to get the Court's approval. Because it is a much better ticket counter. We're, we're in the, you know, you have two good ticket counters, we're in the, and you have one bad one and we're in the bad one right now. So, we think we could show the benefit necessary to get approval to do that. And would be happy to do that immediately. WILLIAMS: Questions from council? Councilwoman Monfor. MONFOR: Ah, I, I guess this would be a question for either Randy or Cary. We advertised. I saw the advertisement in the Anchorage paper. Mark Air applied for this space. Did ERA also apply or is just this letter from ERA now asking for it. Was this in response to the advertisement also? ERNST: This is their response, their current response to wanting this space. MONFOR: And it's dated after Mark Air's response? ERNST: Right. MONFOR: And they would not be, ERA would not be able to move until the fall and then I'm asking Mark Air just, this is a "what if,"... JONES: I understand... MONFOR: What if we said okay, you pay us all the money you owe us, you can move, and when would you be able to move? JONES: We'd move immediately and would be willing to pay the ah, there'd be probably a week or two while we were moving in, while we were moving trans ... ah, ah, communication equipment and things like that, and we'd be happy to pay the overlapping rent on both spots during the move. SWARNER: Mr. Mayor, I have another... WILLIAMS: Yes, please speak... SWARNER: "what if" question. What if we said we would consider your application, how soon would you pay us? JONES: Well, as, as the mayor pointed out, we have to go to Court to get approval. i;"'*, KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 5 SWARNER: How long would that take? JONES: We would apply, if, if, you voted tonight, ah, we would instruct our lawyers tomorrow, we'd have it in court by Monday. Ah, ah, we typically, on an item of this magnitude, can get an answer in a matter of a few days. We would, I think we could get an answer. I believe we could get an answer. Without my lawyer standing next to me, I hate to commit, but I believe we could get an answer by the end of, by this time next week. And we would, I'd just devote my efforts to get that done. MONFOR: Mr. Mayor? WILLIAMS: Yes. MONFOR: Another question for Randy. Cause we don't do this very often, would you refresh our memory, when we have a situation like this, we've put the lease in the paper. We've advertised. We have two applicants for the same space. How have we, have we had this situation before and if so, how have we... ERNST: It's, it's the first time we've had this situation with the airlines and the only other situation that would be similar was with the car rental agencies and we had two people vying for the same, the same car rental agency's office and we did simply by lottery. We put two names in the hat and who ever drew it... MONFOR: Okay. That's pretty fair. That, or flipping a coin. ERNST: And the reason we did that was, and it's similar to the airlines, is, there is, there is no difference in the lease, or there wouldn't have been for the car rental agencies. MONFOR: Right, right. That's why I was asking how we would do this because there isn't... ERNST: It's the first time it's come up because since my tenure, these were already set. I mean, there was SouthCentral, and at the time there was Valdez Air and then ERA and then blank. And then there was Friendship Air and then Mark Air and Ryan. So that, they just kind of fit into slots as they became available. MONFOR: Thank you. WILLIAMS: Councilwoman Swarner. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 6 SWARNER: Then I guess I have another question. What if we said that we would rent to um, Mark Air, or lease the space to Mark Air. Could you continue to be current on your payments? JONES: Absolutely. I believe, I think, this will airport will concur that we are current post -petition, which is what we're required to be. We've paid, we are current, current with our payments now ah, not counting what was frozen as part of the bankruptcy. We've paid our bank payments since then and we'll have no trouble continuing to do that. WILLIAMS: At this time, as I understand it, no formal application has been made by either company, is that correct? JONES: Well my understanding is response to the advertisement and letter, what's the date on it? MONFOR/WILLIAMS: May 25th... JONES: Yeah. And ah, and um, application. That's what I need want to do whatever is necessary SMALLEY: Mr. Mayor? WILLIAMS: Councilman Smalley. that the letter we wrote was in it was written ah, you've got the I thought that was the formal to find out. If that's not, I to make a formal application. SMALLEY: I have a question for Mr., is this the same type of application we've received en masse from other lessors out at, or lessees at the airport. A letter in response to that? ERNST: Well, basically we request a letter first and take it to the council with what they expect to do in the space, and in this case, of course, it's obvious what, what's happening. And then at that point in time, we just enter into a lease agreement. SMALLEY: Then we draw up the lease agreement so this would suffice... ERNST: Right. And there was, just to refresh your memory, there was a letter prior to this one. MONFOR: Yes. SMALLEY: Yes. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 7 MONFOR: From Mark Air. ERNST: From Mark Air. JONES: Yes, the May 25th letter is not the first one. I think the one in March, actually. WILLIAMS: Does Council have a suggestion? Well, in light of the fact that we have two letters, both in response to a current advertisement for that space, ah, both having been received in a timely manner, there are two ways that council can approach this. Ah, one company says that due to the busy season, they'll not consider moving until fall and the other company wants to move right away. You could either accept it on that basis, or accept both, flip a coin, if the one wins, he moves right away, if the other one wins, we have to wait until fall. Two choices it appears. Any other choices? We will give the opportunity for the ERA people to discuss the matter a little bit. I think what we'll do is we'll combine both of these on the agenda, both one and two, into one discussion. And, if you don't mind, I'll ask the ERA representatives if they care to address the matter at this time. B-2. ERA Aviation Representative Shirley Roberts: Leasing former SouthCentral space at Kenai Airport. ROBERTS: Shirley Roberts with ERA Aviation. Mr. Mayor, city council members, ah, towards the letter that you have in front of you there, I would just like to add another statement in there. This is the busy season for ERA Aviation, which we have stated in there. We also would like, if this, if this request is not satisfactory, we would also like to apply for the space at this time. And, a reminder that ERA has been serving the community as of the end of this year, for ten years and that we have been stable here at the airport and we would like you take that into consideration. And that's what I would like to add to the letter in front of you. MONFOR: Mr. Mayor? WILLIAMS: Yes. MONFOR: I have a question for Shirley. If, if the City were to award that space to ERA Aviation, then is ERA's plans to pay the space rent on both... KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 8 ROBERTS: ...until the move is complete. Yes. WILLIAMS: Well we have ah, through the two letters that we've received and from comments given by both companies this evening, we have identical offers ah, as to the space itself. Ah, concern of payment of course, on one side of other funds. Both companies have agreed to pay the interim rents. It appears as though we're down to the syndrome we had with the automobile rental agencies and that's drawing a name out of the hat. Ah, it reminds me of one time of a one-man layoff we had out at a construction job and he's a good friend of mine that was in my crew and we drew his name out and he got laid off. He said it was the first time I've ever won a lottery and lost a bundle of money. Ah, how does council feel about a, just... Councilwoman Swarner first and then... SWARNER: I've a question of Randy, I guess. What's the fair market value rent up there now? ERNST: It's a dollar -sixty-five a square foot and is what we're charging. Each one of them are paying the same, of course. Ah, there is a little bit of difference, you have to remember SouthCentral Air was one office, and it's the bigger office. I believe it's 480 square feet and the other offices are 420, so there's about a sixty square foot difference there in space. But they're also including the one that used to be the Ryan Air space that's next to it for getting both offices. So it's just a touch more in square footage. You know, it's sixty square feet or so. SWARNER: Well, I guess my feeling is I'd like to know who's willing to pay the most per square foot. WILLIAMS: Well, I think we're pretty locked into that. Councilman Smalley, you had a question? SMALLEY: Ah, not a question, more of a comment. Ah, I know both applicants are, are, agreeable and amenable to pay the rent. Both of them look like they're equal, however, I would have to go with the fact that Mark Air applied back in March. They also applied prior to the ERA letter. So they have two of them actually prior to the ERA letter and I would probably have to, if we consider them equal, I'd have to give my weight to one that came in first. WILLIAMS: Thank you. Councilwoman Monfor, did you have question? KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 9 MONFOR: No, I was going to ... I think in this case, you have to put any personal feelings aside that you have about either airline and the fact that,SouthCentral is no longer flying. And fair is fair, and the fact of the matter is, Mark Air did come and apply to us right after SouthCentral went out of business. I believe in good faith. We in turn said we are going to do the right thing and we're going to put it out for advertisement. Which we did. They came back. They were the first letter again requesting the same space. I'm not one that's going to point the blame and say you are in bankruptcy. That could happen to anybody or any company. At the time we were not, we were not informed that they could go to Bankruptcy Court and ask for release of past payments. I don't believe that would have made any difference then because we needed to go out and advertise and do it correctly. So, I personally will put my personal feelings aside and I would have to support Mark Air. WILLIAMS: Councilman McComsey. MC COMSEY: What was the deadline on the advertisement for the applications to be in? ERNST: There was no deadline. it was strictly an ad saying that we had space available and it wasn't necessarily directed to the two people that are already at the airport. It was directed at... MONFOR: ...at anybody... ERNST: ...a new carrier. MC COMSEY: I, I understand. But, there was no deadline for the letter to come in? ERNST: No. MC COMSEY: Then I think that would be a moot point who ah asked first or wrote the letter first, or whatever. WILLIAMS: I'd ask a question of the Administration. What was the date of the ad? What period of time did the ad run? ERNST: We may not have that information readily available here. We can check. HOWARD: It ran for about two weeks. About three times each week. Shortly after, shortly after that second meeting in March. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 10 WILLIAMS: It didn't run in May, is that correct? HOWARD: I don't believe so. No, it didn't run in May. WILLIAMS: Did we advertise it both locally and in Anchorage? MONFOR: I saw it in the Anchorage paper. ERNST: It was in the Anchorage paper. MC COMSEY: Again, I think it's a moot point ah, who wrote first or whatever. I think that both companies being equal, that we should draw a name out of a hat, flip a coin, or do something such as that. I just... SWARNER: How about a one-time bonus fee? (lots of laughter) Let's get money into this. Was there a second on Halls motion? SMALLEY: I didn't make a motion. SWARNER: Oh, I thought you made a motion. Okay. Can the attorney research that if we can have a... GRAVES: I don't know of any prohibition to charging a different lease rate. If we were going to do that, we would have to put a request for proposals in the paper and open it up with the criteria that we're going to base this on a one-time bonus and then charge everybody a $1.65 a square foot if that's what the Council wants to do. MONFOR: No, I'm not willing to do that. ROBERTS: May I, may I ask one thing please? Can we lay this out on the table until we find out if Mark Air in deed can clear that money from the Bankruptcy Court? And then come back to Council at that time to draw the name out of the hat? MC COMSEY: That'd have to be part of it anyway. SWARNER: That would have to be part of the deal. WILLIAMS: We can ah, probably in order to expedite the matter, if we were to draw a name tonight, ah, and if Mark Air were the, were the apparent winner, it would be contingent upon them producing the funds within a specific period of time. If not, then they would KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 11 naturally default and you know, the other person, that's considering that you might not be the lucky one and win the draw. So, in other words, it -would be contingent upon... ROBERTS: And if ERA came out of the hat first, Mark Air would know tonight they didn't have to go to Bankruptcy... WILLIAMS: That's right. ROBERTS: ...Court to pay the city. WILLIAMS: That's correct. And we're still setting here out our funds until the Bankruptcy Court makes the determination. Councilwoman Swarner. SWARNER: I kind of like Shirley's idea about getting the money first. WILLIAMS: Well, as I said in order to expedite the matter, we can go ahead and pull the names tonight... SWARNER: It's been vacant this long, what's another two weeks? WILLIAMS: I'm not at all sure that you can file a petition unless you have a firm offer. SMALLEY: That's right. SWARNER: That's right. WILLIAMS: A comment from the Mark Air representative. JONES (from audience): If we, if there were to be a drawing, which I think would be unprecedented, but there were to be a drawing, we would immediately apply for ERA space if we didn't win. So, ah, we don't want to stay where we are. So, I think we're going to be all in the same boat. Especially with which space we began. WILLIAMS: I think in the great Alaska spirit of chance, we should just have a drawing. ROBERTS: Everybody has to pay a dollar first, right? SWARNER: Yes..(lots of laughter). MC COMSEY: Before you get out the door. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 12 SWARNER: Right. MONFOR: Mr. Mayor, I think you should take a vote. WILLIAMS: All right. Would someone pose a question. MONFOR: It could be an informal vote or whatever... WILLIAMS: Okay. Let's just have a little motion on the floor as to how to handle it, whether to have a drawing and then we'll vote on it. Who wants to introduce a motion? MC COMSEY: I can make a motion that we put both names in a hat and draw. WILLIAMS: All right. The motion is to ah, put two names in a hat, draw them, and settle the issue at hand now. Is there a second? BOOKEY: Second. WILLIAMS: It's been seconded. Further discussion of the motion? Clerk will call the roll. FREAS: McComsey: Yes Smalley: No Williams: Yes Bookey: Yes Swarner: No Monfor: No Measles: Absent Three, three. WILLIAMS: All right. We won't do that. Ah, the next question or the next suggestion was that ah, well, we can't have you make a formal application until the offer's been made. That's the problem. The final question is a motion to award to one of the two. That's what I think we're down to. We're not going to draw it out of the hat and we can't be sure that they're going to make the application prior to the offer so we're down to the final element and that's the motion to award. Councilman Smalley? SMALLEY: I would move to lease the space 28, 29, 30, 31, the old SouthCentral Air space at the Kenai Airport to Mark Air, contingent upon their ability to get back debt out of Bankruptcy Court owed to the city. WILLIAMS: So do we have a... 1 ^' KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 13 SMALLEY: ...So they become current. WILLIAMS: Would you have a, would it be fair to assume that could be done in a thirty -day period or sixty-day period or...? JONES (from audience): I, I think we could do this in thirty - day... WILLIAMS: All right. I think there should be an amendment or an addition to your motion allowing for a thirty -day... SMALLEY: Can we determine that it's going to take thirty days to go through the ... that's the problem with putting a time limit on it. Can we determine how long it's going to take to get their bankruptcy clear? WILLIAMS: Well, the representative says he's sure thirty days is sufficient. T SMALLEY: So amended. Thirty days. WILLIAMS: All right. The motion then is to award to Mark Air contingent upon a thirty -day period in which they have to recover the funds from Bankruptcy Court. Is there any further discussion. SMALLEY: There is no second. WILLIAMS: Is there a second. Excuse me. Is there a second to the motion? MONFOR: I'll second it. WILLIAMS: It's been seconded for... MONFOR: ...for something. WILLIAMS: ...for discussion. Is there any further discussion. Seeing none then, the Clerk will call the roll. MONFOR: Now wait, Mr. Mayor. WILLIAMS: All right. The Clerk will wait just a moment. The motion is to award the contract to Mark Air, or the space to Mark Air with the contingency. l MONFOR: The contingency is thirty days. KENAI CITY COUNCIL MEETING MINUTES DUNE 2, 1993 PAGE 14 WILLIAMS: Yeah. They must have, we have not addressed the subject within the motion to allow ERA the space. We'd have to do that at a later time. Or make that part of the motion now if you want. MONFOR: To give ERA what space? WILLIAMS: The second choice if they're money isn't forthcoming. SMALLEY: I, I would not want to cloud this motion with that. WILLIAMS: Okay, so we have a separation of that question. Then we'll deal with the other... SMALLEY: I would prefer that. MONFOR: Okay, never mind. WILLIAMS: Okay. The question then is to whether or not to allow the space to be leased to Mark Air. Clerk will call the roll. FREAS: McComsey: No Smalley: Yes Williams: No Bookey: No Swarner: No Monfor: Yes Measles: Absent. Four no's, two yes. WILLIAMS: All right. The question is to whether or not to lease to Mark Air fails and Councilwoman Swarner has a... SWARNER: I move that we lease the old SouthCentral space and the adjoining space to ERA Aviation beginning immediately. BOOKEY: I'll second it. WILLIAMS: The motion then has been moved and seconded to lease the old SouthCentral space to ERA immediately. Further discussion on the motion. Clerk will call the roll. FREAS: McComsey: No Smalley: No Williams: Yes Bookey: Yes Swarner: Yes Monfor: No Measles: Absent KENAI CITY COUNCIL MEETING MINUTES DUNE 2, 1993 PAGE 15 Three yes, three no. WILLIAMS: The only other element left then, since we've voted in all directions, is to perhaps suggest a bonus lease and ah, that was Councilwoman Swarner's original position. Now, there are a couple of things I, I'd like to point out to council before you make that kind of a decision. Enplanements are off dramatically the first quarter of this year. I'm not sure that they're picking up yet, but according to my figure, for the first quarter of this year, we're down about 4,000. Is that right? That's a dramatic decrease from the previous three years. ROBERTS: Airfare has also gone up Mayor, since the beginning of the high... WILLIAMS: Pardon? ROBERTS: ...When Mark Air came in and the airfare was at $25.00. 1` That year you'll see that the enplanements were at their largest and they have typically dropped since the fares have gone back. At that point, there were people that were travelling through the airport that normally would not be able to get an airplane at this rate. WILLIAMS: Our ah, our figures indicate that the first quarter dropped the first three month drop this year is the equivalent of the entire drop between the year of 1991/92. 91 was the highest year at 110,800. We have 4,000 total dropped in the 92 year and we're off 4,000 the first quarter. That's a, kind of a, so I want you to take that into consideration before we discuss bonus leases. Yes. JONES (from the audience): I guess that I, I'm not sure if the offer, because of the contingency, and that potential thirty -day delay would not, would not because of the potential thirty -day delay. If Mark Air is up for the space, ultimately, we' d be happy to pay for that thirty days it would be tied up I don't think it will take thirty days anyway. But for whatever time it takes to go get the Bankruptcy Court Is approval, since you are, in essence, holding that off the market for our benefit, we would pay for that from tonight's action. WILLIAMS: Council, I'd strongly suggest, since we are at the wall with all of our ideas, that we go ahead with Councilman McComsey Is, I don't know if it was a motion or not, to just draw a name from KENAI CITY COUNCIL MEETING MINUTES DUNE 2, 1993 PAGE 16 the hat. We've already exhausted three, three ah possibilities, including his first one at the beginning. So ... Councilman McComsey, the Chair will re -entertain your motion again. SWARNER: I think it has to be risked for... MC COMSEY: I thought I was moved to the side, wasn't I? SMALLEY: (laughter) I think we all were. Let's blame Ray. MC COMSEY: I mean... WILLIAMS: Motion to reconsider... MC COMSEY: Motion to reconsider? WILLIAMS: Yeah, someone will have to have a motion to reconsider. What's the prevailing side when the vote's three/three. It's a no vote. So, someone on the prevailing side would call for reconsider. (Pause) Is there a motion to reconsider? Seeing no motion to reconsider then, ah,, I will ask that this matter be set aside. I think that there needs to be some direction though as to the next move that Council would like to ah, before I set the matter aside. Councilwoman Monfor? MONFOR: What, the last vote was ah three/three, right? Three yes, three no? SMALLEY: Four/two. MONFOR: No. FREAS: The vote for, to award ERA was three/three. The award to Mark Air failed at four/two and the draw names was tied. It failed at a tie. WILLIAMS: The simplest way to settle this matter is just to draw names. Mr. Ernst? ERNST: Well, if let me, let me just take the pressure off you a little bit. There, I really don't think that there's a whole big difference here you know, as far as if, if ERA wins and they move KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 17 forward, Mark Air 's going to move forward. If Mark Air moves forward, ERA stays where they are. You know, it's, there's, it's a pretty small difference. There is some more square footage. there and you're getting it a little bit more a month. Someone's going to have to pay a little more a month, but I don't know if it*s... WILLIAMS: Councilman Smalley. SMALLEY: Randy, on the automobile rental situation, that was a draw of the hat that determined that? ERNST: Well, what happened was we, we had four car rental agencies at the time and we added one booth. So that made, because we had interest in another car rental agency slot. So then we, we made a whole new booth. SMALLEY: But how, what was the determination to give the one booth that was a preferred booth to ... ERNST: It was just, it was the one on the end. It was, it was, at that time, it was AAI's Raven Transit or something and we cut out that little half piece and made Raven Transit over there and had an empty space. SMALLEY: Why was Raven .... okay. But there were two applicants for one space prior to adding the space, is that correct? ERNST: That's correct. SMALLEY: And how was the determination to put Raven Transit in the last one then that was created? ERNST: Well, by the time it came around that Raven Transit was no more so it became a moot point, although we had already built that section. How they just, because there was a limousine, that Raven Transit was a limousine thing and not a car rental agency. WILLIAMS: Councilwoman Monfor. MONFOR: I was just wondering, um, how Mr. Jones and how um Shirley felt about the drawing. I know Mr. Jones said he thought it was pretty unprecedented, but this council has done some different things in the years I've been here. WILLIAMS: Everything in the airline industry is unprecedented. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 18 JONES (from the audience): (inaudible) I deal with 23 different stations in Alaska and I've forgotten how many outside the State of Alaska and have never run into this problem before. Typically, it is, when there is an unopen-elided advertisement, we have space available, first sign in the `door gets the opportunity. Fine. If there is a deadline and a bid or a competition which has, which does occasionally occur, then it's based on meritorial criteria or set. But, the reason we responded so quickly in March was because we wanted the space badly. We still want it badly, so I think that that's the most appropriate way to award it. The ah, the luck of the draw seems to be like (inaudible) gaming permit (inaudible). MONFOR: I think we have one of those. SWARNER: We have one of those. SMALLEY: Try another motion. I would move to lease space at the Kenai Airport, spaces 28, 29, 30, 31 to Mark Air contingent upon the thirty -day deadline of their getting the back funding owed the city out of Bankruptcy Court. Mark Air will become responsible for the rental rate immediately upon signing the lease and if after thirty days, the funding has not be returned to the city that's owed, the space will automatically go to ERA. MONFOR: Second. WILLIAMS: Councilman Smalley? SMALLEY: Yes sir. WILLIAMS: It isn't clear at this point, there may be an implication here that we'll sign the lease before we get the money by your motion. Before we get the Bankruptcy thing. SMALLEY: What, ah, the gentleman from Mark Air, Mr. Jones, indicated that they would be willing to be responsible for the rental rate immediately, if memory serves me right. JONES (from the audience): That's correct. WILLIAMS: Is there a second to that motion? MONFOR: I seconded it already. WILLIAMS: Seconded. Further discussion? Clerk will call the roll. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 19 FREAS: McComsey: No Smalley: Yes Bookey: No Swarner: No Measles: Absent Four no's, two yes. WILLIAMS: We're back to the hat. SMALLEY: We're deadlocked. Williams: No Monfor: Yes MONFOR: It's amazing why anyone does business with us. WILLIAMS: Okay. Ah, Council at this point, the advertisement itself did not lend itself to have anyone believe that there was a deadline. It appeared to be an open-ended advertisement. We did not publish in the advertisement anything to the effect that there was a first -come -first -served situation. We did get two people to apply for the same spot. Therefore, it brings us back to the draw of the hat. Councilwoman Monfor. MONFOR: Mr. Mayor. In March, Mark Air came to the City and asked to lease SouthCentral Air's space. We did not hear from ERA Aviation. Council said, put an advertisement out to say space is for lease to see if there's any other interested parties. Our biggest concern then, and I think it's still one of the biggest concerns now, is the fact that Mark Air was in bankruptcy and they owed the City a great deal of money and there were unpaid taxes. That was a very major problem with this council and I believe still is. So, we did that. Mark Air again came back, and I know nobody wants to use the date, but they did come back on the 25th of May with a letter stating their intent to lease the SouthCentral Air space. On May 28th, ERA Aviation came forward and said they also wanted to lease the SouthCentral Air space. Now this is ridiculous. We have two companies doing business in the City of Kenai and we can't accommodate either one of them? No wonder people hate bureaucracy. You know, personally, I would vote for ERA in a minute. They have been here forever. They're the airline I fly. I flew SouthCentral till they quit flying. That's the airline I want to support. But, in good conscience, I can't, because of the things that happened before that. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 20 WILLIAMS: Well, I think we have to let all of those things rest and again we have to come back with the fact that we do have two legitimate offers from two separate airlines, both in a timely manner, because there was no discussion of a specific date or timely manner and um, there has been more than one major issue and indeed, corporate name changes and financing arrangements that have turned on the draw of the card or the flip of a coin or a draw of the hat. I think ah, while we've seen here that we can't seem to get any motion to pass, except (inaudible) no motions, ah, that perhaps the quickest way to settle the whole thing, and the fairest, would be to let the luck of the draw prevail. We're both of the opinion that both will do what they intend to do. Either both indicate that they will do what's right with regard to leasing immediately. The City will be receive its accounting in either case. The question is, which of the two. MC COMSEY: Should we hold a duel? ROBERTS: If I may suggest to Council, thirty days waiting for Bankruptcy Court judgment, if the money's coming to the City of Kenai, and we were unable, we are wanting to move, but we really did not want to move until our busy time was over, if Council were to allow ERA to reapply at the same time that they were equal with Mark Air and the Council had enough time to make their decision in that time, you wouldn't have to draw out of the hat tonight. WILLIAMS: I'm not quite sure I understand... ROBERTS: Well, if you're willing to wait thirty days to hear from the courts, if Mark Air's even going to be able to apply for this space... WILLIAMS: Yeah, that, that question.... TAPE BREAK. whether the period is there or not, whoever gets the space is going to wind up paying from tomorrow morning on. I don't even see a hat to draw out of today. There's an interested party from the audience who might offer, shed some light. Want to state your name for the record? JAY SHIP??? (from audience): My name is Jay Ship and I just have a suggestion. I'm new in town and the first time I've come to this meeting... KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 21 MONFOR: And probably will never come again. SHIP: ......if this space is in such a demand, why not put it out to bid? WILLIAMS: Well, we discussed the cash bonus and that's what raised the fact that our enplanement figures are down dramatically, which you know, just compounds the problem of losses. One more comment from ... FITZPATRICK: Ruth Fitzpatrick. Why don't you play "piggy move up" and you both will have good spots. Just move right up the line, the two of them. ERA and Mark Air and you'll both have... (inaudible). SMALLEY: The question then becomes, do you move to the right or do you move this way (laughter). I know what you mean. WILLIAMS: All right, we'll take ... yes, Commissioner Bannock. BANNOCK: Mr. Mayor, if I could just comment on this briefly. Clearly, it's the hot spot in the airport, by the testimony today and I think that if you'll research a little bit of history in the airport in regards to lease out property, the option bid is not uncommon. I believe it was done on the airport. I believe it was done with the restaurant the first time and so I don't think it's a bad idea. If it is, indeed, the hot spot with two competitors wanting it, if one competitor wants greater than the other, only the City of Kenai will stand to benefit from it. WILLIAMS: My only comment to that is if were such a hot spot, how come SouthCentral shut down. BANNOCK: To these two people. WILLIAMS: Yeah. So ... well the chair is willing to entertain one more motion and then we're going to move on to other items of business. SWARNER: I would move that we direct the Administration to advertise again for lease proposals, including a one-time bonus payment to the City for that space. BOOKEY: I'll second it. F KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 22 WILLIAMS: It's been, a motion then is on the floor and a second follows that a both, that a new advertisement for lease be posted with requirement of a bid bonus as part of the lease application. MC COMSEY: How long is this bid process taking? WILLIAMS: You want to advertise for how long? SWARNER: Whatever the Administration thinks is necessary. WILLIAMS: Follow normal procedures for leases. Mr. Ernst? ERNST: Well, ordinarily, we advertise for at least thirty days or so, why not just let the two submit bids, a bonus bid. WILLIAMS: Immediately? ERNST: Sure. WILLIAMS: Tomorrow morning. ERNST: They both, is that not equitable? No one else responded to the... WILLIAMS: All right, the chair will entertain a friendly amendment to the motion. SWARNER: To seven days. Give them seven days to come up with a bonus proposal... WILLIAMS: Bid bonus? SWARNER: A bid bonus. WILLIAMS: A formal letter of application and bid bonus. SMALLEY: Has it been seconded? SWARNER: Yes, it's been seconded. WILLIAMS: All right, Councilman Smalley? SMALLEY: A question for the two applicants. Do you have a problem with that? ERA? ROBERTS: No sir. 71 KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 23 SMALLEY: Mark Air? JONES: No, that's fine. SMALLEY: Let's get on with the vote. WILLIAMS: The Clerk will call the roll. FREAS: McComsey: Yes Smalley: Begrudgingly, yes. Williams: Yes Bookey: Yes Swarner: Yes Monfor: Hey, it doesn't make any difference anymore. Yes. Measles: Absent ERNST: As a point of clarity. We just ask them to each give us a bonus bid. WILLIAMS: Bonus. SWARNER: Um-hmm. SMALLEY: Seven days. ERNST: That will be the attorney's office. WILLIAMS: I want to assure those of you that are here this evening that generally items of this nature don't take this long. B-3. Kenai Peninsula Borough school District Representatives Margie Campbell and Jacquie Imle: Renovation of Kenai Elementary School building vs. construction of new building. Jacquie Imle spoke to Council in regard to the possibility of the renovation and reopening of the Kenai Elementary School. The School District will be asking the City's opinion of whether they would support the renovation of the present school or the building of a new school adjacent to the Sears Elementary School. Imle stated if the ballot is approved by voters this fall, the renovated school would be ready for use next fall. The ballot issue last fall was to renovate the building and the cost would have been borne by the taxpayers. Now, with State monies available, the State may pay a 70% share. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 24 Imle stated an architect has reviewed the building and has found nothing wrong with the building structurally. A new computer laboratory will be added, as well as an elevator and the playground will be upgraded and perhaps enlarged (if the Borough purchases adjacent property). Imle left a copy of the schematics for the renovation with Administration for review. Margie Campbell - Past PTA President. Campbell stated the question is to either ask the School Board to build a new school or renovate Kenai Elementary. Campbell stated they are aware that People Count, Boy's and Girl's Club, and the Alternative School will be dislocated if the school is renovated. Voter approval is still required and they need to think about getting approval of voters in other areas of the Peninsula. Campbell added the School Board needs to know the opinion of the Council by June 14. Campbell reviewed some of the pros and cons for both the renovated school and a new school. Council requested Imle ask the School Board to delay their decision on this item until after June 16, 1993 in order that Council could prepare a resolution in support of either the renovation or a new school at their June 16, 1993 meeting. Williams is to write the resolution. ITEM C: PUBLIC HEARINGS C-13. 1993 Liquor License Application - Requesting to transfer liquor license from Casino Liquor Store to K-Mart. Moved to this position by Mayor Williams during agenda approval. Attorney Dan Coffey and Brad Adams, Kmart Manager, requested Council's approval of the liquor license transfer. Clerk Freas stated she had received word from the Kenai Peninsula Borough that approximately $40.00 was owed by Casino Liquor Store in sales tax and filings. Freas requested a motion from council to approve the transfer of the liquor license upon notification from the Borough that all payments and filings were current. MOTION: Councilman Smalley MOVED to send a letter of non -objection by June 10, 1993 upon notification from the Borough that all taxes and filings are current. Councilwoman Monfor SECONDED the motion. There were no objections. 80 ORDERED. 7 KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 25 C-1. Ordinance No. 1542-93 - Increasing Estimated Revenues and Appropriations by $6,504 in the Council on Aging Title III Fund. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1542-93 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Absent MOTION PASSED UNANIMOUSLY. BREAK: 8:20 P.M. BACK TO ORDER: 8:28 P.M. C-2. Ordinance No. 1543-93 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1993, and Ending June 30, 1994. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1543-93 and Councilman Smalley SECONDED the motion. Public Comment: John Torgerson - 10735 Kenai Spur Highway, Kenai. Torgerson presented reasons for Council to add 1993-94 Kenai Peninsula Caucus membership dues to the 1993-94 budget. Torgerson reviewed some of the activities and lobbying the Caucus had been involved with this past year, i.e. Wildwood reopening, AML Conference to Kenai/Soldotna, etc. Torgerson also discussed the amount of travel in the Caucus' budget and past membership dues. This year's dues will be $949 for the City of Kenai (based on a $.15 per capita basis). Charlie Pierce - 555 Dolchok, Kenai. Stated his concern that there was no money budgeted for dust control applications for the 93-94 budget. Pierce stated there are approximately 20 homes in his area KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 26 and because of more traffic, the dust is very bad. Pierce requested funding placed in the budget for dust control applications for his area. Pierce also stated during break-up approximately 18" of water collected where a culvert was blocked up in his area. Pierce stated when he telephoned City Hall, he was told the road should not have been accepted by the City and it was not up to standards. Pierce stated he did not like that answer as he needed to know when help would arrive. Pierce added he appreciates the efforts made by the City, however he does not believe he should have to go to the "top" to get a response. Pierce added he is willing to do his part if the City does its part. Pierce requested reconsideration and funding budgeted for road treatment. Kathy Scott - 3080 Kim-N-Ang, Kenai. Scott stated she is Pierce's neighbor. Scott stated the Council and Administration have done a quite adequate job. Scott requested Council fund dust control treatment as it is their civic responsibility to those citizens who do not live on paved streets. Scott added she believes it is a safety issue and thinks it an essential service. Scott stated she reviewed the budget to see if there was somewhere she believed money could be cut and added into dust control funding. Scott stated she felt that would be better left to Council. Scott requested reinstatement of dust control as a paving district would be at least several years away for her area. Brown stated the cost for one dust control treatment (from last year's budget) was $55,000 ($43,000 for supplies and $12,000 for the contractor). This amount was for a treatment on both the east and west sides of town. Williams stated he was prepared to request Council to go slower on the paving project on Evergreen/Haller, etc. He has received concerns from citizens in regard to time to allow for water and sewer connections to be done prior to paving. Williams suggested to wait until next year and perhaps the interest earned on the funding for the project would cover the additional cost for holding the project. Brown stated any interest would go back to the General Fund. Monfor suggested Council return their attention to the budget. McComsey stated he would vote against the budget as he did not feel the one police position should be placed back in the budget. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 27 MOTION: Councilwoman Monfor MOVED to amend the budget by adding $950 to include dues for the Kenai Peninsula Caucus' 93-94 membership dues. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. MOTION: Councilman Smalley MOVED to increase the budget by $29,882 in regard to the agreement for the new city manager as explained in C.A. Brown's 5/26/93 memorandum included in the packet. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. MOTION: Councilwoman Swarner MOVED to increase the budget by $2,000 in the library's budget for books. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. MOTION: Councilwoman Swarner MOVED to decrease the amount in the budget for the fire pit to $2,500 from $4,000 and move the $1,500 to Parks & Recreation or Beautification for salaries. (Because there is not enough money in Parks & Recreation to pay for mowing, etc. in the spring.) Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. Monfor stated she does not know the price for this, but will be going with the paving for the west side of town. Monfor added there will not be curbs, gutters and sidewalks. It will be strip paving. fHej 4 f*YAR Councilwoman Monfor MOVED to increase the budget by $30,000 for dust control for the 1993-94 year. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. Williams stated the increases adjust the budget by $62,832. Williams added the General Fund will now be impacted by $662,832. T� Williams asked if there were other amendments to be made to the budget three times. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 28 MOTION: Councilman Smalley KOVED to approve the budget as amended and Councilman Bookey 82CONDED the motion. There was no further discussion. VOTE: McComsey: No Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Absent MOTION PASSED. C-3. Ordinance No. IS44-93 - Increasing Estimated Revenues and Appropriations by $797,765 in the Evergreen/Haller Paving Capital Project Fund. (LOTION: Councilman Smalley ROVED for adoption of Ordinance No. 1544-93 and Councilwoman Monfor SECONDED the motion. Public comment: (Verbatim) RUTS FITZPATRICK: I live at 1613 Third Avenue and this dollar amount, how does it affect the total cost then to the residents for the paving and what is this dollar, what is this money for? WILLIAMS: I think Mr. Brown and Administration has prepared a ah, an assessment roll that indicates what the cost of each property owned in the area will be. FITZPATRICK: But will this extra dollar amount add to that is what I wanted to know. WILLIAMS: Mr. Brown. BROWN: See, the ordinance before the Council is to appropriate the money like we would for any capital project. The, the issue you're probably really wanting to speak to is, ah, it's a related matter and you might speak at both, but C-8 in the council packet is the resolution to actually form the assessment district. And that resolution has attached an assessment roll which assesses KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 29 approximately $185,000. So, this ordinance appropriates money to build the project of almost $800,000, and of that, 185 would be assessed. FITZPATRICK: That's what I wanted to know. Thank you very much. WILLIAMS: I think that ah, what we'll do. Let's, let's take it just for a moment here, I'm not sure if we maybe had our ordinance and resolution reversed. Let's hold comments directing the continuation of the Evergreen, Haller, McKinley, North Gill, to item 8. We'll go ahead and appropriate the money for the project now, unless you're adamantly opposed to the appropriation of the money. In that case, you may speak now. If you're concerned about the project itself and related elements such as the assessments, the time element, and things of that, please hold those until item 8. Yes. MONFOR: Mr. Mayor? Before, because I believe some of these people haven't been here, I would like to get Mr. Brown to kind of tell them, in assessing this, that they don't have to pay the money tomorrow. They don't have to pay it in one lump sum and how exactly the payment schedule runs. Because that may be a fear of many people exactly, it's the money. WILLIAMS: Okay. You want to discuss the elements of the appropriation itself. We'll discuss just the appropriation at this time. BROWN: All those questions really didn't deal with the appropriation. I have, I have to really speak to C-8 in order to... MONFOR: Fine. We know that it's going to cost $793,000. But these people are not going to have to pay the $793,000. That's, they need to know that they're only going to pay what Mrs. Fitzpatrick asked and how they're going to pay it. BROWN: Right. Okay. The assessments are levied when the work is all completed and we know all the costs. If the work were to be done this summer, by the time the contractor's paid off with his retainage, interest on the retainage, and then ah, we can't require, if it's a lump sum payment, we can't require a payment for sixty days and if it's a time payment, then it would be due a year later. So, if it were a lump -sum payment, it's hard for me to �-- imagine the payment being due before around December of 1993. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 30 WILLIAMS: Then explain what constitutes a lump -sum versus... BROWN: If it's a lump sum payment, and Council decides that, I mentioned this in the memorandum, they set a pay-off schedule later when all the job is done and they approve a final assessment roll. If it's a lump -sum payment, then we'd require payment sixty days after December. So, in February it would be due. If it's a time - payment plan, considering the rather small amounts, I would think that a five-year payment plan might be appropriate. Ah, that decision isn't made now. That decision is supposed to be made later, but I understand why you'd want some indication now. My recommendation to Council would be that a time payment plan of a short duration wouldn't be a- problem. However, I, there have been schemes in the past that have been discussed where a small assessment is due lump sum and a larger assessment due over a time payment plan. But that causes a problem because some people may have small assessments but own multiple lots. My recommendation would be to make them all the same, small or large, if it's a five- year payoff, then so be it. I lean toward a lump -sum payment on small ones, but some of these aren't so small. Some are ah, $4,400. So, I think what would happen is if Council wanted to go with a five-year time payment plan, the people that would have real small assessments, like only a couple hundred dollars, would probably pay lump sum to avoid the interest. And, so we wouldn't really be dealing with that many accounts on an annual, annual billing. SOMEONE FROM AUDIENCE: At what rate of interest? BROWN: In the past, we've charged ten percent interest. Ah, I think the city code allows the council to set the interest rate. On most accounts the city has, the city code will prescribe ten percent interest, but on an assessment district, they can have a different rate. RIMBERLY JACXXNSXY - My name is Kimberly Jackinsky and I live at 1803 Fourth Avenue. Um, what he is saying though is that the City is not going to decide on whether we're going to make payments or pay in a lump sum until later. I don't know if any of the councilmen that are going to go out and buy a new car and the dealer tell them either, we'll tell you tomorrow whether you pay for it in full or we give you payments. I can't understand you asking us to decide now before you tell us how we're going to have to pay for it. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 31 MONFOR: Mr. Mayor? WILLIAMS: Yes MONFOR: Can't, on something like that, can't we have some unofficial consensus? WILLIAMS: Well, yes, I was just going to look at Mrs. Jackinsky's amount and see how much it is. JACKINSKY: I'm right at 500. WILLIAMS: One lot? And how much was it? JACKINSKY: And it's under McCreary. It's under my maiden name. WILLIAMS: All right. How much is it, do you know? �- JACKINSKY: It's right at 500 or, I think it's at $492.00. WILLIAMS: 492? Mrs. Fitzpatrick, your's is at $422.00. All right. I think that ah, you know, if council wants to discuss that matter now, a little premature, but... MONFOR: Well, if they feel more comfortable, I'm game to discuss it. BROWN: From a practical standpoint, I would be the one drafting the resolution in December to do the final assessment roll and that's the one that sets the payment schedule. If Council were to direct me tonight, that a year from now, or whenever it is, six months from now when I draft the final assessment roll, to put it in that way at a five-year payment schedule or ten percent or eight percent, I'd do that. Ah, it doesn't bother me having the time payment plan as long as they're uniform. WILLIAMS: Councilman Smalley? SMALLEY: Yeah. Unofficially, I suppose, that's probably what I would support when it came time to make that motion is that payment plan. MONFOR: Five years. BOOKEY: Five years. Right. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 32 WILLIAMS: Has that come to at C-8? BROWN: It hasn't even come then. It comes when the final assessment roll... SMALLEY: It comes later on, but we can still... HERB SCHRM: I'm Herb Schaan, 1707 Fourth Avenue. I just have a few information questions. The City is assessing 25 percent of the cost. This percentage, ah, can you just tell me how that was arrived, the 25 percent. I understand that some of you sitting here have a nice pavement in front of your home for twelve percent of the cost. Can you explain that please. WILLIAMS: You want me to explain that? MONFOR: Do you want me to take you off the hook? SCHAAN: I would start at that end of the line please. Anybody. WILLIAMS: Yes, as a matter of fact, ah, in my area, the entire eastern part of town under the last major assessment district, next -to -the -last, we paid 12'h percent. I ran on the basis of having all the roads in that area paved for nothing. I was elected and I was re-elected based on that promise. I don't know if I was re-elected, but I was elected based on that promise and I've never backed up from that promise. At that time, we had a considerable amount of capital money available to us from the state purposely for paving. The people in my area did not feel, since there was a substantial amount of money available, that they wanted to pay anything since it was all grant money. This money that we're using for this particular job, does it contain any grant money at all? BROWN: No. WILLIAMS: There is no grant money whatsoever in this. This money is all being funded by the taxpayers of the City of Kenai, of which I am one and every member of this community is one. So, the elements are slightly different in this case. No grant versus grant money. Free money versus money that we're all paying out of our own pocket. i KENAI CITY COUNCIL MEETING MINUTES DUNE 2, 1993 PAGE 33 Also, I believe the elements of this ah, paving project, were brought about by the citizens of the community who petitioned the City Council for this assessment district, knowing full well at the time that there was a 25% assessment district that would apply. I hope that answers your question. SCHAAN: Yeah, I still, I still think that something more equitable, closer to the 12%, you know, I don't know, if you're going to different parts of town and treat people differently, I feel that in our dusty part of town we're treated a little bit more cost -wise and yet we have to suffer with dust and things like that. I think that some arrangement closer to the 12% or less than the 25% ought to be considered. Ah, I have a lot that is more than 150 feet back. I only have 30 feet frontage to the road. I'm charged nearly twelve hundred bucks. My neighbor has three times the frontage and is charged like 500, which is all right with me. I didn't understand the system before, but these rules now, what happens when you're more than 150 feet back, you get charged as if you're fronting the road and things like this. I'm not sure, you know, the equitability of the, of the whole system here. WILLIAMS: The mechanics of how we arrived at the assessment district can be handled by the Administration. They did it based on a per square foot basis, ah, and in some cases where there were very large lots, they subtracted amounts of the rear property as well. SCHAAN: Do we, do we have the ability to appeal the subtraction of this, of this amount or are we locked into this, ah, this whole system? WILLIAMS: Well, you mean as far as the, the total amount is concerned or the method by which the lots were... SCHAAN: Well, let me ask this way. The method by which this all was arrived at is identical to what is done in all other parts of town. Is it? This is identical same method, is that right? MONFOR: Yes. WILLIAMS: Well, it is now. Yes. SCHAAN: It is now, meaning since when, what time? WILLIAMS: Since there was no more free money. Since the money became an issue. Since there is no more capital monies and all of KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 34 the money that's being used to pave roads, build water and sewer, well not water and sewer, but to pave roads in this case, now is money coming from the taxpayers' pockets. It now becomes an issue. Well, now, let me give you an example... SCHAAN: So our ... go ahead. WILLIAMS: Okay. We estimate that the cost of this paving job will be 793,000 dollars, of which about 180,000 will be paid for by the residents, leaving a balance of about 613,000 dollars to be paid by the citizens of the City of Kenai. That 613,000, if we did not do the paving job at all, would probably balance our budget this year. It's just about the same amount that we will reach into our savings account ah, to balance the budget. So, effectively, what you might say is that we are actually reaching into the savings account of the people of the City of Kenai and subtracting 613,000 dollars to pave the streets. And the citizens of the City of Kenai are the people that are here. It's your money that we're taking out of the savings account to pave the streets. ^� SCHAAN: Ah, the letter, the letter that I got had a phone number that we could contact the city manager if we wanted. Tonight, I picked up the thing that has the rules of how this all was arrived at, I think I would have appreciated receiving this in the mail along with the letter so that I'd understand the assessment. Ah, it's sort of the process that we, we rely on everybody's ability to track down and to figure out individually to you, as city manager, how all this assessment is arrived at when it could have been done by a letter and we could have gone through this ahead of time as well. I know we had the opportunity to do this, but if everyone of the residents would phone you up and ask you how did you arrive at this, you can see how many phone calls you'd have on here. And I'm, I was following this and I'm belatedly coming into this ah, how all this is being arrived at. Ah, and I would have that as a suggestion, that information ah, your letter, ah, be included in the initial thing that we got. WILLIAMS: You mean the resolution and everything? SCHAAN: The explanation, the memorandum, the May 26 memorandum from the city manager. WILLIAMS: I know that Item C-8, which contains the map of the assessment roll was sent to everyone there. If you did not get it, then your proper address is not on file. Ah, but this map and the assessment roll showing how much your cost was sent to everyone. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 35 SCHAAN: We did not get the memorandum. Not the memorandum, no. I'm speaking to the memorandum portion. I would just like to register an objection ah, to the 25% assessment and I think I would leave it at that, that I think we're being treated in that part of town for our patience after requesting it already five years ago and more, requesting it that the ah, the paving and that being done in, in deference to Thompson'* Park and all these other places and, and ah, other projects going ahead of our part of town, we're rewarded with an, with a 25% instead of a 12% because of the delay in time and now th& end of funds and I would just like to object to the 25%. WILLIAMS: Let the record show, of course, that Thompson Park is not on the paving schedule. SCHAAN: No, I understand, but these were some of the reasons given before ... My personal property, if I have hardly any frontage and I'm being assessed a great deal more. I can take that up ah, as a private matter, but ah, I just think, I'd like to just state that I think the 25 jump, to 25% is treating us differently than the other citizens in town. Giving us strip paving, which we appreciate, ah, and that too, at a higher cost... WILLIAMS: Councilwoman Monfor. MONFOR: Ah, Mr. Mayor, I would just like to make a point of clarification for some of our audience that may not know this. The first ah, group of people that ever came to us for paving was Eagle Rock Subdivision and they were charged fifty percent. The next group was the east end of town and that was 12, 12h percent and we almost came to blows over that. The next group that was paved, and they didn't come and ask for it, was VIP Subdivision and they were also charged 25%. The City went a long time ago, when we had the discussion of how much people should pay when they ended the free money was looming at us, and 25% was low to some of us, 50% was high, and we said never, ever again would we go under 25% because we had too many of the areas of the city that needed to be covered and everybody should have the chance of paving. SANDRR CARR: My name is Sandra Carr. I have a lot on McKinley Street and I spoke to Charlie Brown prior to myself taking up this petition in order to circulate it and I said no one will be willing to sign a blank check and hand it over to someone else. I needed an approximate assessment in order to give the property owners. He told me, this is how it was explained to me, that we would be assessed by 150 feet. That would be square footage. Not by the KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 36 entire lot which the assessment that I have been mailed out isn't being charged by the entire lot and I have a 2h, 2'h acre parcel wh ch'to me, I don't feel that just because you have a larger lot, you should be assessed for more. I have two ah, road frontage roads. Someone else who also has, who had a 2h acre parcel, who subdivided, has three sides with roads on it and I'm being assessed $1200 more than he is. I realize the City of Kenai is being charged by the linear foot. Am I correct? On the paving? Then why are we being charged by the square footage of our entire lot, when part of it does not even assess roads. I mean, have access to roads? WILLIAMS: Well, I don't have an answer to that. Ah, I suppose that there, you know, there are methods by which you could change it around. You could take the actual linear feet ah, involved, the total linear feet divided into the cost and ah, come up with a per lineal foot cost in which case you with a 2h acre parcel would be charged for 660 feet and the person with 75 foot of frontage would ^- be charged for 75 feet. I mean, that's a different method of doing it. CARR: Well, I, I feel that everybody that's in this area is benefiting. Is it possible to give a flat rate on the first portion and then go in the 150 feet per lot and assess it at that? I mean, just like that gentleman was saying. He has thirty feet of road frontage. He's being charged nearly $1200, where the person next to him has ninety feet of road frontage and he is being charged five hundred. That doesn't make sense to me. If we are, if we are being charged, you're being charged by the linear foot, how it can be so controversy on the amount, the dollar amount. WILLIAMS: I don't understand you're having thirty feet of road frontage. CARR: I believe it's called a flag lot. WILLIAMS: Oh, yeah, I see it. CARR: His are not the only ones, there are several others are being charged that way. WILLIAMS: The benefits accruing to his lot are just as great though, if you consider your access. There are a lot of anomalies KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 37 to this thing by the very nature of the subdivisions themselves. You know, there are some instances, there's no rhyme or reason why they were subdivided as they were either. I think, what I'm hearing here is that there is a deep concern for the method by which we arrived at each assessed value to each lot. Keith, do you have a... KORNELIS: Yeah, I'll attempt to I wasn't involved in the actual, square footage. The first thing the City's position is to try and owners. As far as the 25% we dollars is what we're going to determination of, of how we arriv one property owner's, or decrease means respectively, the other prof have to go up. try to explain this, even though the actual determination of the you, we should all realize that, be equitable to all the property set that amount, that amount of ,ssess the property owners. The ad at that figure, if we increase one property owner's amount, that ►erty owner's amounts are going to So, we're trying to be equitable as, as Charlie and, and the city engineer have worked to try to be as equitable as they could to everybody. And, the method, if you have this letter of Mr. Brown's of May 26th, he quotes the code in dark letters here and that says that, "except as otherwise provided by law, ordinance, or by the Council, the approved policy for particular local improvement district..." In other words, the Council can make some changes. "...the cost 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 in depth if unsubdivided residential areas." CARR: Up to 150? KORNELIS: Okay. The big question that you have is whether or not this is subdivided area. CARR: I know that mine is not. KORNELIS: Okay, it's a government lot, and, and, it's sort of debatable whether or not a normal government lot is larger than most cases. But, the question is, is, if it is a subdivided area, then we take the whole size of the lots. If it is an unsubdivided area, then you're correct, it would go back 150 feet. There should be 150 feet from the road. F KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 38 CARR* Is that right Charlie? From my understanding you said it was by the square footage of the entire lot. KORNELIS: That's the way it's set up now. Because we're saying that it's a subdivided area. BROWN: And I did tell you that in the past, we had often used a 150 foot back on government lots. I did tell you that. CARR: Right. BROWN: I apologize if you took that to imply that I was, in this preliminary stage, when you and I were talking, I had never seen a plat of this area and the lots like this behind. CARR: Okay. Well, I brought the map in to you and we discussed it. BROWN: Yeah. But at that point, we were talking, you were pressing me for a figure and I said the average figure would $1,000, a lot more for large lots, a lot less for smaller lots and I believe we even talked about other methods of assessment. That at that point... CARR: No, that was the only method that we had discussed. BROWN: Did we not talk about linear foot method that you just now... CARR: Well, it says from the letter that I got from Jack La Shot, you said, okay this says approximately $40 linear foot. When I talked to you, you said, hey, there's no way, we don't charge by the linear foot. BROWN: No, he's talking about a construction costs. CARR: Okay. BROWN: But, what the code says is that if it's a subdivided area, then you use the entire square footage. And if you look at the plat, look at the entire area, I had to make a decision, is that a subdivided area or an unsubdivided area. Not with each lot, not whether each lot was subdivided or not, but the area as a whole. And I believe it is a subdivided area. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 39 CARR: How do you derive that? With the City it is? It's on McKinley and Third. WILLIAMS: On McKinley and Third? All right, that a 2'h acre parcel? Well, out of the two squares, two are subdivided and two are not, out of the four squares. There are four 2h acre tracts in that block. Two of them are subdivided, two are not. CARR: You're speaking of Andersen and Mr. Peterson? WILLIAMS: Right. That's correct. Your total assessment was $4400, was it? CARR: Yes. WILLIAMS: All right. Most of the 2'h acre tracts were written at about $4400. CARR: Ah, you know, the reason that I picked up this petition is because I had an estimate cost of $2,000. That was approximate. Ballpark figure. WILLIAMS: Do both sides? CARR: Yes. For the entire lot because Charlie said you, what the method that we discussed, you went in 150 feet from either one way or the other, say half way. Then you come in from this direction. You do not assess this portion twice, correct? Approximately $2,000 was what I had in mind, maybe a little more, 500, whatever. But not over double. I just feel it's just way off. When other people were willing to sign the petition at a $1, 000 for an average lot, they are being assessed for less than 500. I don't see why I'm being assessed by so much more just because my lot's bigger. Yet it has less frontage than this. This has three different streets and they're $1200 less than I am. So, if I cut my lot and have another road here, you're saying I would be charged less? That doesn't make sense, I mean, to me that doesn't make sense. WILLIAMS: Well, we can go back and we can redo or take a second look at how we arrived at the assessment per square foot or for linear foot or whatever. What will occur is that if we find what appears to be a more equitable situation for you, it will become less equitable for everyone else. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 40 CARR: Oh, I'm, I'm well aware of that. But when the petition was really, when it was originally sent out by Nancy Gourley, she quoted a price of approximately $1,000 for these lots here. And they were willing to sign at a $1,000. They are assessed 500, 5- 34, right around there. WILLIAMS: For those of you that ah fall in the $500 category, do you have objections to your assessments going up to about 750. JACKINSKY (from the audience): , I didn't sign her petition to begin with. VOICE FROM AUDIENCE: And neither did I. JACKINSKY (from the audience): We're in Farm Homes. We took low- income housing. We just make our payments. 'We sure don't want to dish out more. That was the whole point of going in there. WILLIAMS: What you're saying is you don't want your street paved. JACKINSKY (from the audience): No I don't. I live by a bar. They use it as a cutoff. I don't want it paved to make it convenient. WILLIAMS: Well, the problem is we did have 51% of the people who obviously signed the petition. MONFOR: That's right. JACKINSKY (from the audience): Excuse me, Mayor. Now, considering the amount of dollars that's come up, I mean she admits that this is more than a lot of people agreed to and less than some. Let's do another petition. Now that they know what it's going to cost them out of pocket, let's see if they want it paved. CARR: The majority of the people that Nancy Gourley received, I believe were 80 some signatures that were willing to pay a $1,000 to have their road paved. I got approximately 25, 28 signatures after that on the pretense that they would assess by square footage up to 150 feet. WILLIAMS: All right. If we were to use this method that has been proposed by this resolution on C-8, and we sent this list around showing exactly how much everyone else is supposed to pay and ah, 75% of these of people agreed to pay that much, you would be in the same position you're in right now, you see. In KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 41 other words, we'd have 75% of the people in the neighborhood wanting to pave at this rate and your level of payment of $4,400 would still remain the same. The only way... CARR: Why is that? WILLIAMS: ...to alter this is to change it, readjusting your figures down a little bit, their figures up a little bit and resubmit the whole thing and see if everybody's willing to go along with it. CARR: I like this price right here. Maybe $3,200. It makes more sense to me to get that when I only have two roads of good frontage that I'm paying so much more than this person that has three roads when it's by linear foot. WILLIAMS: Well, I say, if we readjust, if we take it and, say we just took it for say, for argument, we took it on the basis of square foot. We took the entire square footage available in the j entire area to be subdivided... CARR: And then we wouldn't have, we would not have signed the petition at $4,400. WILLIAMS: Well, now, wait just a minute. It could very well be, if we do that method, everyone else will come up and you'll come down. See what I'm saying, take the entire square footage, total, regardless of depth of lot, width of lot, frontage of roadway or anything else. Every lot would be benefitted equally by the amount of square footage served. Okay. Take the entire square footage that would be benefitted by paving. Divide that into the cost. Well, they're saying, you know, in some cases they used the 150... KORNELIS: No, no, no... WILLIAMS: All right, so we went to the entire square footage there? Well that's the most equitable way of doing it. CARR: You think it is, huh? I don't see how it could be when you're being assessed what you're being charged by lineal feet. I'm paying more, apparently, don't you own Gill Street Investments? WILLIAMS: Well, yes, I don't have any problem... CARR: Is that a big controversy why we're doing it this way? Or j what? KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 42 WILLIAMS: I don't know. I don't have any problem with the assessment myself, but, then I'm not speaking from my standpoint at this point... TAPE CHANGE KORNELIS: not. CARR: That's right. KORNELIS: But we, what they did, and I think Charlie and our city engineer are correct, because they took that whole area in there, they took the square footage there and then they proportioned it out according to each lot proportionately that had the square footage. Just like the Mayor had said. That's how the assessment was done. They thought that was the fairest thing. If you were tomorrow, to go out and subdivide your property and, and have six or eight lots, you would still have the same assessment as you do now, as the other people do. They thought... ,. CARR: Yeah, and then I'd have the taxes on top of that eight times over. KORNELIS: They did it because they thought it was equitable. CARR: I don't agree. Just like that gentleman said, when he only has 30 feet of road frontage and other one has you know... KORNELIS: In this, in this particular case, if we went 150 feet back, he would have 70 feet by 70 feet in the back of your lot that you would not be assessed... CARR: How could it be $1200? KORNELIS: ...and he would pick up the extra cost on his flag lot as would all the other property owners. CARR: I believe he already did. Wasn't it all, Charlie just said every lot was assessed by ... KORNELIS: Right, his square footage, total square footage for his flag lot is proportionate to the total square footage for the whole area. Just like your square footage for your lot is proportionate to the whole area. Just like every person who has a lot in there, their square footage for that portion is proportionate to the whole KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 43 area. So basically, we took, or Charlie and the city engineer, took the total square footage and took the individual one and divided that by, the total square footage divided into that, and then multiplied that times the portion of the cost so that everybody was treated equally. Now, it can be done differently, but if yours went down, then the other method would mean the same amount of money at the end would have to go up somewhere else. CARR: I realize that and they were willing to pay and so was'I at the 2,000. Okay? That's all I'm saying. WILLIAMS: It's just, give me kind of an idea Keith, if we were to take the lineal foot method and assess by the frontage only... KORNELIS: We have never done that before. Ah, with a lineal foot method. WILLIAMS: Would that, how would that, do you have any idea how... 1 KORNELIS: That would change all kinds of things. A flag lot for instance, he would only be charged for 30 feet, whereas somebody else that had a wider lot would be, he could have tremendous square footage, because he could have the whole government lot back there all in one lot with just a little three foot, thirty foot entrance to it... CARR: But none of them are that way. KORNELIS: ...but his flag lot is. CARR: Well, it's not a government lot though. KORNELIS: No. MONFOR: Mr. Mayor. WILLIAMS: Yes. MONFOR: I don't really think that this is appropriate now because we've accepted the petition. We've accepted to make this an assessment district. We haven't gotten anything from 51% of the other people saying they don't want it to be an assessment district any more. I think what we need to do now is call for the question and vote on this and then... KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 44 WILLIAM: Well, I, that's why I say I think we've moved into two different categories. MONFOR: That's right. WILLIAMS: We should deal specifically with Ordinance 1544 and appropriate the money now and when we get into C-8 give it some more discussion and at the point we reach C-8, we can, we can, or C-8, we can suggest that we slow this whole thing down as I was going to suggest anyway and let them all go back and take another petition if they want. MONFOR: I'm not willing to do that Mr. Mayor. But, you know, what I think that, what people are also forgetting is that, I'm sure I'd be overwhelmed with a $4,400 assessment, thinking that I'd have to pay it off in five years, but on the other hand, out of the taxpayers' coffers is coming $680, 000 to do everything else but put the strip of pavement down on the road. So, for your money, you're getting a real deal. You're not going to have dust. You're not going to have the graders out there all summer long. You're not going to have to worry about whether the city will money for dust control. It's going to be easier to take care of in the wintertime. It will make a lot of difference and if you don't believe me, ask some of your neighbors that lived on those gravel roads and now have paved roads. So, you know, I know it is a lot of money for some people. Even $500 is a lot of money. But I think that the Council is willing to work so everybody can afford it and you're not even looking at any kind of a payment until next year and over five years and who knows between now and then we can work out, something can be worked out with the assessments. But it took them over a year to get this petition to us and I'm not willing to ask them wait any longer. I call for the question... WILLIAMS: All right. The question has been called for on Ordinance 1544-93. This is the appropriation ordinance only. All right, the Clerk will call the roll. FREAS: McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Absent MOTION PASSED UNANIlMOUSLY. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 45 C-4. Ordinance No. 1545-93 - Increasing Estimated Revenues and Appropriations by $11,433 in the Rehabilitation of Taxiway A-3 Project. NOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1545-93 and Councilman Bookey BECONDBD the motion. There were no public or council comments. VOTE: McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Absent MOTION PASSED UNANIMOUSLY. C-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. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-38 and Councilwoman Swarner 8ECONOED the motion. Public Comment: Ruth Fitzpatrick - Stated she spoke with Williams before the meeting. Fitzpatrick stated she moved into her home on Third Avenue nine years ago. Rises in water and sewer rates over those years total $160.00. Fitzpatrick stated $160.00 may not be a lot to many, but she is on a fixed income. Williams stated Social Security has gone up in that time. Fitzpatrick stated when Social Security has raised, so has Medicare and other costs. Williams stated it has become necessary to raise the rates due to EPA regulations mandating certain items be done; the sewer treat plant upgrade; the lack of federal grants available to defer costs for EPA regulation compliance work; and the vacuum truck needing repaired. Kornelis requested an amendment be made at page PU-1, Item A(d): remove "stop and waste." Kornelis also stated Council discussed, but did not set a raise in permit fees at page PU-9, Item (c). KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 46 MOTION: Councilwoman Swarner MOVED to amend the water permit fee to $100.00 and sewer permit fee to $100 for new hook-ups. Councilman McComsey SECONDED the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. VOTE: McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Monfor: No Measles: Absent MOTION PASSED. C-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. MOTION: Councilman McComsey MOVED for approval of Resolution No. 93-39 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-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. Councilman McComsey MOVED for approval of Resolution No. 93-40 and Councilman Bookey SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. There was no public comment. Williams stated to the audience the mill rate will remain at 3.5 mills this year. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 47 VOTE: There were no objections. 80 ORDERED. C-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. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 93-41 and Councilwoman Swarner SECONDED the motion. Public Comments (VERBATIM): LORI OLSON: My name is Lori OlsOn. I live at 404 Jefferson. Um, I'm one of the people who signed the petition requesting that this r paving go through. I am hopeful that you'll pass this resolution. WILLIAMS: Please speak a little louder. OLSON: I'd like to see the streets paved. I think it's a health concern. I think the City would save money because you wouldn't have to come out with the graders in the summer after it rains and all that. You'd still have to come out in the wintertime and I think that the, the city workers who do clear the streets do an excellent job, if I might add that comment. You wouldn't have to oil the streets. We wouldn't have to put up with the dust. It's a safety issue as far as the kids are concerned. More than half of the people who live in this area did sign the petition. Whether they were misled or not or confused about how much it would cost, I think that there will be a for everyone to come to some kind of an understanding and it will be fair and the people who live in the area are the ones that have to put up with the dust and the front end alignments and so on and I would hope that you would pass this resolution. Thank you very much. WILLIAMS: Councilman Smalley. SMALLEY: Just a comment on Mrs. Olson's testimony if we could change the word oil to CSS-1 for the record, I'd feel more comfortable with it. r_. WILLIAMS: Thank you for that. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 48 MC COMSEY: We don't oil roads any more. WILLIAMS: Please state your name for the record. DAWN BARNETTE: My name is Dawn Barnette. I live at 1804 Fourth Avenue. I've lived in my house now for, let's see, 81, 82, oh, going on about eleven years now and I've put up with a lot of dust and the reason that I have is because I am in a Farm Home and I cannot afford a lot of stuff. I have a lot of children. Ah, when I found out about the paving, I didn't sign the petition asking for it because I knew it was going to be expensive because I'm looking at the other end of Fourth Avenue and I see that beautiful paving, with the sidewalks and the gutters and everything else. You're now telling me that you want to just lay down a strip of pavement. I still have ditches, and you're going to get rid of the dust. That would be great. I'm not happy with being on the other side of Fourth Avenue and not being appreciated as much as the first part of Fourth Avenue that has beautiful paving. If I'm going to have that type of paving, I would rather wait. I don't want it now. I really can't afford it and ah, there is a safety factor here. There are a lot of children in our area. The other day it was noted to us that the, the Sears Elementary bus, when it came by, seventeen small children got off in one spot. Our concern is that there is no stop signs on Fourth Avenue except down by Evergreen Street and down by Forest Drive. We have people that come from Larry's Club, taking the back road, and of course, Fourth Avenue is it, and they barrel down that road. It's a 25 mile -an -hour road. They barrel down that road going 40 and 50 miles per hour. We have not seen any policemen in that area stop anyone yet. I believe there have been a couple accidents that have been, that people have been cited for, for running stop signs or just going too fast. But, as of lately, we have not seen any police officers stop anyone. Now, we hear cars every night. So, right now, like my neighbor said, I don't want to make it convenient for them. I would much rather put up with the dust. I know I have some more stuff I wanted to say, but I can't remember them all. I'll think of it though. WILLIAMS: I note that your assessment would be about $2,200, is that right? BARNETTE: Oh, that's, no sir. Nine's just, I think, was a little over $500. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 49 WILLIAMS: Oh, $537. BARNETTE: Right. WILLIAMS: Dorothy Cooper is $2,200. Is she here this evening? Don't see... BARNETTE: Oh shoot, now you made me forget what I was going to do... WILLIAMS: I didn't mean to scare you. BARNETTE: Oh, that's it. The assessments. Is what we got in this letter with our names on it, is that carved in stone? Does that change at all? WILLIAMS: I think, we're assuming this based on our best guestimates of cost. Now it could fluctuate a few dollars, ah, one way or the other. But, we've been in the paving business long enough that we pretty well know what those costs are going to be unless, some dramatic thing takes place and the price skyrockets. BARNETTE: Okay. Would our assessments be affected because you've now changed Evergreen Street from RR to an RS and have the ah, having it subdivided and everything, is that going to affect it? WILLIAMS: That has nothing to do with it. The fact of the matter is, the City is sharing in the cost. That strip of land along ah, Evergreen Street, ah, to the west is it? That portion of it is being paved with City funds anyway. So, we'll absorb the cost of 660 feet of paving it looks like, on one hand. BARNETTE: Yeah, but after it's sold, you get it back. WILLIAMS: Well, I can say the same thing for those who have large parcels that they're planning on subdividing and selling off. They'll get their money back too, you know. BARNETTE: Okay. Now the other thing I just thought of asking you is that if you put this strip paving down, how, how long can you guarantee it's going to be up kept? WILLIAMS: Kept up? BARNETTE: Kept up? Up kept. Whatever. Are you going to take care of it? KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 50 WILLIAMS: That's a, that's a dangerous question if you and it has a lot of political implications to it, ah, and I would be hesitant to answer that question. The City of Fairbanks is considering tearing up a lot of their pavement, going back to gravel roads because they refuse to assess themselves the necessary taxes to maintain them. BARNETTE: Okay. Why are we wasting our money putting it down now then anyhow? WILLIAMS: We don't know that our citizens will choose not to pay the bill later on. In other words, you can't second guess the future. We went through one heck of a economic crunch in 87, 88 and 89. We survived. The City's in better shape than it ever was. We're hopeful that the future will bring us a better economy that we're all working towards. Ah, you know, we can't see in our crystal ball what the future might bring so those kinds of guarantees are pretty hard to offer. BARNETTE: Okay. I'm not trying to be facetious or anything, but how come the east side of town got paved before the west side of town. WILLIAMS: Because the fellow over there that ran for mayor demanded that the paving be done. BARNETTE: Yeah, but there was grant money for everyone though wasn't there? WILLIAMS: That's true. That's true ... then. BARNETTE: Yeah, but it was all spent on the east side of town. Why not on the west side of town. WILLIAMS: I wouldn't say that. That was another time. BARNETTE: A majority of it is because there is, there is hardly any gravel roads on the east side of town on the Spur Highway, off the Spur Highway. WILLIAMS: Well, I think from the east side of town also includes all of Vahalla and Thompson Park and, and and all of that... BARNETTE: Correct. I understand that way out there past Beaver Creek they do not have any paved roads. I mean, we're sitting KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 f PAGE 51 right in the middle of town. We're five minutes from the middle of town, but all this time, for the eleven years that I've been there, no one has ever suggested that we any paving. MONFOR: No, that's not true. WILLIAMS: That's not true. MONFOR: No, that's not true. WILLIAMS: No, a lot of people have... MONFOR: Even this council has had suggested, made the suggestion themselves many times. WILLIAMS: I think it took the citizens that are in that area to finally come forward and say, by golly, we want paving. BARNETTE: Yeah, but we're all lower income people. We can't afford what everybody else is paying though. That's why we've put it off. WILLIAMS: Well, the City of Kenai is reaching into its savings account and taking nearly $700,000 out of everybody else's money to insure that there is paving. BARNETTE: Okay. WILLIAMS: It's all your money. BARNETTE: Yeah, that's right. It's my money. KIM JACXXNBXY: I'm Kim Jackinsky off of Fourth Avenue again. Um, in line with Dawn's comments, is this time, is there someway we find out on the project um, where they're going to put stop signs in or what other improvements they're going to put on the road in order to counteract the pavement versus what we have now. I mean, the gravel does slow them down a little, it's slowing them down much, but pavement is definitely going to send them up. Um, is there any, is there anything in the project to put in more speed signs. I petitioned the City last year, it took me almost two months to get a speed limit sign on Fourth Avenue at my end. There wasn't one. WILLIAMS: We can address the Public Works Director. What is our ^� policy with regards to putting up stop signs. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 52 KORNELIS: We work very closely with the Police Department and the engineers of course, they have certain engineering traffic requirements that that would go into effect. But there are instances where we would have four-way, could have four-way stops. The project is not engineered. In fact, you'll see later on in the budget there'll be an appropriation, there'll be an award to an engineering firm to do the engineering on it. Our normal procedure would be to get this project preliminary designed. Then we would have a public hearing that would involve the property owners in this area. They could come in and actually have their input as far as driveway cuts and um, and things like stop signs. Those types of things. We would have drawings and they would actually be able to look at the drawings. JACKINSKY: Okay. How are we, as the individuals, going to get informed of this? Councilwoman Monfor mentioned the fact that this is the first time a lot of us has come in. This is the first time a lot of us got paperwork. I'd didn't get formed, I didn't know anything about a meeting to do pavement until tonight. This is the first meeting that I got information on. KORNELIS: Are you the registered owner of the property with the Borough? JACKINSKY: Yes, I am. I'm listed on this paperwork as the registered owner. KORNELIS: Then you should have got a letter. WILLIAMS: When did the first notice go out? JACKINSKY: I got the one on rezoning and then I got the one first that stated for the meeting tonight. BROWN: That's the one. There was a notice notifying you of the public hearing tonight? JACKINSKY: Right, but there, Councilwoman Monfor said that there was other meetings regarding the pavement to begin with and we weren't informed... MONFOR: Oh, this was a long time ago. You haven't missed it this year. This is in past, past council years when there was money and that's ... When we have a capital... Every year we have work sessions on our capital improvement projects where we invite the public to come and that's when the council sets their priorities with what KENAI CITY COUNCIL MEETING MINUTES r JUNE 2, 1993 PAGE 53 they're going to go to Juneau and ask for the money. And that's how a,h, the congregate housing got built, that's part of the monies that 'ws used to pave VIP Subdivision. That's how, we're getting the sewer line to Thompson Park is by putting these on a priority list and working through the list and as the project is completed then we go to the next one. But truly, where you live, I think ah, Mrs. Olson hit it right on the head, it's really a health issue also because it's such a large area that's not paved and if we continue to have this weather, and even if we do dust control, all that little dust is up in the air for the whole town to be breathing in. It's the same as the project down on Dolchok Lane, but at least that's a less populated area. So, you know, I, I really understand what you're saying about the money, but if you could look at the fact that... JACKINSKY: The money isn't near the issue as the fact we do butt up to a bar and it is terrible. The traffic on Fourth Avenue is terrible because of the fact that we have no four-way stops. You go on Third Avenue, you're going to get stopped at every intersection. MONFOR: That's something then we can take care of. We can engineer four-way stops. Hey, we can, the City can do about anything you ask as long as it's legal. JACKINSKY: Yeah, but like I'm saying, look how long it took to me to get just a speed limit sign, I mean... MONFOR: That's right, well it doesn't need to take that long and it's .... JACKINSKY: I had to go to the City. I had to go to the Police Department. I had to hassle the Police Department. I had to hassle the City maintenance yard. I mean it took several phone calls just for a speed limit sign. MONFOR: And that shouldn't happen. And we're going to try to make sure it doesn't happen any more. JACKINSKY: Thank you. RZRH SC RAN: I'm Herb Schaan, Fourth Avenue and I just want to express my appreciation for your considering paving in that I think it is important to get it paved and especially since the volcanoes have blown. It's not just dust, it's volcano dust and it is KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 54 definitely a different scene. Ah, my suggestion is that a consideration be made, not for developers who own big chunks of land, but for residents, who by fluke of the way it's processed, that we get charged double and triple of what average assessments are, that there be a cap, say eight or nine hundred dollars or something. The excess of which would be taxed at a lower rate, assessed at a lower rate to the excess be spread out over the group again. That there be a cap around a certain medium -high mark that then is at a different rate than is spread over the other to make it more equitable since we allure, are benefiting equally, rather than on the basis of square footage only. Thank you. WILLIAMS: Have, have you looked at the assessment rolls, the whole assessment roll itself? If we take everyone that's there and I don't even pretend to know how many is on this list. There are only... CARR (from audience): There are approximately 133 property owners with 195 parcels. WILLIAMS: We have 195 parcels, only about 27 of them exceed $1,000 in value in assessments. Ah, out of the hundred -and -some -odd, there are ah, there are only ten that exceed 2,000, eleven that exceed $2,000 out of how many, 193? CARR (from audience): I believe it's 195. WILLIAMS: 195 parcels. There are eleven that exceed $2,000 and 27 of them were totalled exceed 1,000. Anything further? One at a time, please. RUTH FITZPATRICK: I have one quick question, Mr. Mayor. You had mentioned that you were going to ask that this be put off for a year possibly. What is that going to do to the cost? Cause you know, as normal, I mean, if you wait awhile, the cost goes up. Which means, I want, I want the street paved. WILLIAMS: Let me address that matter to the Council. It may have some bearing on their thoughts, it may not. We had originally planned on doing this paving this summer and fall. Correct? There has been a number of people come to me from the general area there, ah, and again, those who own the large parcels are. the ones I'm speaking about now, who have said, we are either ill -prepared engineering -wise or financially, to deal with stubbing out water and sewer at this point and time. The City has a rule that you will not cut that paving for five years after it's laid down. That -N, KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 (� PAGE 55 would render some properties valueless during that period of time because we also have a rule that says if you're within 200 feet of water and sewer you will hook up to it. If they are within 200 feet and they want to subdivide the property and sell it and they can't hook up to it, they can't sell the property chances are, within that five-year period. I'm not at all "set in concrete on that matter. I would still like to hear some more from the general public and have the council discuss that matter of perhaps putting off the paving until next spring or early summer, maybe allowing those who have the opportunity and need to get that water and sewer stubbed out, to do it this summer and fall. Becatse, remember, there is the five-year rule there that says you will not cut that pavement. MONFOR: Where does the five-year rule come from? WILLIAMS: It's been a part of the rules for... MONFOR: Where is it? Is it written anywhere? BOOKEY: Is it an ordinance? BROWN: No, no it is not. We... MONFOR: Well, then... BROWN: I informed the Council of that in the beginning when we set up this assessment district in concept and then the letters I wrote to the individuals announcing tonight's meeting, I told them that the City would prohibit, I can't remember my exact language, but we didn't want them to cut the pavement. So, if they planned on developing it in the near future, to, or in the future, to go ahead and do the water and sewer stub -outs now. FITZPATRICK: Well, I haven't seen any big flurry of people trying to buy lots in that area. Like I said, I've been there nine years and ah, but I am concerned that if it is put off any more length of time, the cost is going to go up even more and I think this has to be considered also as for these people that just had to leave. I mean, they're having problems paying the bills, let alone, coming up with the money for the pavement. And I mean, I, you know, I mean, I don't have a lot of money either, but ah, I would love to have the dust cut down. It would be fantastic. WILLIAMS: All right. I think that's strictly a matter that ah, that Council decides to address that issue and give assurances that KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 56 the five-year period is not going to be set in concrete and if the rest of you have no objections, those who have been planning to do water and sewer, understand that once, once the asphalt is down, you're going to have to cut it open and be responsible for proper repair of it and proper laying it back if Council so desires to, to allow you to do that. I don't have any objections to doing it right away. My concern was if we locked you into a five-year period, that it may very well work some hardships. That's an understanding council has to make. DAN NC KXZRNAN: Yeah, Dan McKiernan. I have some lots on Fourth and Gill Street. And ah, my concern is that ah, I think it's a wonderful idea and waiting, is them people that wanted, want to wait and stuff, probably don't live there and suck the dust. And as a resident, and the lady says the speeding and stuff, at least you'll be able to see them when the pavement ... you know, now you can't see them. I mean, it's a pretty cut and dry and ah, I was fortunate enough to buy a piece of property over there that somebody had already subdivided. So, I'm paying three little bits and pieces, but I pay the Borough a lot more money on the yearly basis than the people with the big chunk. So you could give your money to the Borough or you can give it to the City. WILLIAMS: Thank you very much. MONFOR: We really want the money. DENNIS LUSK: Dennis Lusk, 406 Jefferson Street. I just moved in in October. Really liked it. I would like, I'm for the paving. As far as the people with larger lots, maybe you can make an exemption to that five-year deal and for the larger money, maybe you can make a longer term loan available to them. WILLIAMS: Thank you. Any further discussion. JAY SHIP: My name is Jay Ship. Ah, 313 Haller and I would just like to know that I'm very much in favor of paving the roads along there. The dust is terrible and ah, and I'm an asthmatic and so it makes breathing difficult at times. So, I'm sure if you don't get the roads paved very soon, we're going to have more asthma cases on our hands. Thank you. MIKE SEAMAN: Mike Seaman, 408 North Gill Street and I'm one of the big property owners and I say go for it. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 57 WILLIAMS: Any further discussion? Seeing no further discussion, then we will bring the matter of Resolution No. 93-41 back to the Council. MONFOR: I'd like to ask for UNANIMOUS CONSENT. WILLIAMS: Is there any objection to unanimous consent. Seeing none, Resolution No. 93-41 does pass. Now I want to take the opportunity on behalf of the rest of the council and all that's here tonight to thank all of you for coming up and giving us your input on this matter. MONFOR: Yes, very much. END OF ITEM C-9. Resolution No. 93-42 - Ratifying amendments to the Airport Regulations. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-42 and Councilman McComsey SECONDED the motion. There were no public or council comments. VOTE: Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. C-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. MOTION: Councilman McComsey MOVED for approval of Resolution No. 93-43 and Councilman Smalley SEED the motion. Councilman McComsey requested U39JAIKOUB CONSENT. There were no public or council comments. f KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 58 VOTE: There were no objections. 80 ORDERED. C-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. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-44 and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no public comments. McComsey stated he understood when the new addition was made the fire house, the roof was fixed. Kornelis explained no, at the time it was the rainy season and it was decided to wait and hold the project until now. LILCJ 4 -In There were no objections. 80 ORDERED. C-12. Resolution No. 93-45 - Awarding a contract to William J. Nelson i 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. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-45 and Councilman McComsey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-14. 1993 Ganes of Chance and Contests of skill Permit Application - Alaska State Hospital and Nursing Home Association. Approved by consent agenda. - 1N KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 59 C-15. 1993 Games of Chance and Contests of skill Permit Application - Sons of the American Legion Squadron 020. Approved by consent agenda. C-16. 1993 Games of Chance and Contests of skill Permit Application - Kenai Peninsula Archers. Approved by consent agenda. BREAK: 10:16 P.M. BACK TO ORDER: 10:33 P.M. D-1. Council on Aging Swarner reported the annual fashion show was held and well -attended at the Senior Center. Swarner added the Congregate Housing facility is filled. D-2. Airport Commission Ernst reported the next meeting is scheduled for June 10, 1993. Monfor requested Ernst update Council in regard to the use of the Float Plane Basin. Monfor suggested giving free rental for six months as an advertisement in order to get more people to use the facility. Ernst reported three of the five commercial slips are rented. Two others should soon be rented. Six of the 25 long-term slips are leased. The basin has been open 33 days and has had So+ operations, averaging three operations a day. Ernst added he has discussed the idea of a free slip with the Airport Commission. Ernst believes it is a good idea, however the length of time would be for four months due to ice on the basin. Ernst stated they are still waiting on the court's judgment in regard to the condemnation of property for placing the gates. Ernst added it will help business when the fuel service is situated there. Ernst stated the advertisements that council reviewed at the last meeting will start on June 15. Ernst hopes a turn -around will occur. f KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 60 D-3. Harbor comsission Bookey stated the next meeting is scheduled for Monday. D-4. Library commission Monfor reported a meeting was held last night. The summer reading program has started and will continue through July 15. A survey is being conducted and will be reported to council in August. Monfor reported Commissioner Tom Murphy has resigned. A memorandum was included in the packet with copies of applications on file. Monfor stated the Commission recommended Ed Meyer to fill Mr. Murphy's term and Amy Price be appointed as student representative to the commission. Williams offer those names for Council's approval. MOTION: Councilman Smalley MOVED to appoint Ed Meyer, to fill Murphy's position and Amy Price as the student representative to the Library Commission. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. D-S. Parks i Roaroation Commission McGillivray stated there was no report. The next meeting is scheduled for Tuesday evening. Monfor requested the Parks & Recreation Commission, as well as other commissions and committees, establish goals and objectives. Monfor also requested the Parks & Recreation Commission's first two goals be to complete the municipal park which is now closed to camping and to establish a camping area, within walking distance to the downtown area, etc. for cannery workers as well as other visitors to the area. Monfor added the camping area should provide water and sewer, fire pits, showers, etc. Monfor stated the camping area should be planned for next year. Swarner stated she has been asked that the outdoor ice skating rink, previously in front of the Chamber, be placed at the old football fields by the FAA towers. Williams stated he believed it a good idea for the commissions and committees to establish goals and objectives. Williams stated at the last meeting he suggested Council make a list of small projects KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 61 needing to be done in the area. Williams suggested Council should meet with Mr. Manninen and set goals and objectives. Williams added he would like any CIP projects to be well -documented this year with lots of backup information to take to Juneau. D-6. planning is zoning coamission Smalley stated he was not at the meeting, however he was told the Commission continued their public hearing on the permit for Katerina's Katering. The permits requested were for catering and fine dining. Both permits were defeated. Smalley added the rezone for Evergreen Street was passed. Smalley stated Commissioner Geocke was in the audience if Council had questions. There were no questions. D-7. Miscellaneous Comissions and Comittees Swarner reported the Beautification Task Force has been busy planting the trees, bushes and perennials. Williams reported the All -America City sign on top of the Welcome to Kenai sign was leaning and needed extra support. Williams requested Kornelis to have more support added to the sign. ITEX E: MINUTES 3-1. Regular Meeting of May 19, 1993. Approved by consent agenda. S-2. Board of Adjustment Meeting of May 19, 1993. Approved by consent agenda. F-1. Letter from Jim Arness regarding Townsite Historic District. Williams asked if the old ordinance for Townsite Historic had been canceled in regard to the recreational vehicle park being built on the bluff. Smalley stated old pavement, etc. has been thrown over the bank and is killing vegetation. Williams read a portion of ' Arness' letter in regard to Council's "non -action." KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 62 Graves stated there are no "not allowed" uses in the old Townsite Historic zone. That was one of the problems. If a building permit is required, there is a process, however Graves did not know if a building permit was required. Bookey stated he was required to obtain a conditional use permit for the portion of his RV park which was inside the Townsite Historic Zone. Smalley stated he wondered what kind of permits would be needed to make adjustments to the bluff. Williams stated he did not want the Task Force to think the Council has failed to act on the Townsite Historic zoning changes. This was not the intent of Council. Council had decided to review the new ordinance at a later time due to a heavy schedule earlier last month. Smalley suggested a cease and desist be placed on the construction if it is not allowable by code. Kornelis stated he believed La Shot's interpretation different and he has the same question of whether the work is allowable or not. Smalley stated he believed any development in Townsite Historic is to go through Planning & Zoning first. Williams suggested this item be reviewed very carefully. Williams added he will do a letter to Arness and the Task Force members with information reported by La Shot. _AY f •4100_1114 a-1. Rights -of -Ray on Fish & Wildlife Service, O.S. Survey 1435/Overland Drive. Approved by consent agenda. a-2. Approval - Agreement with Tom Manninen for City Manager position. NOTION: Councilwoman Monfor MOVED for acceptance of the employment agreement between the City of Kenai and Thomas Manninen for our city manager for a three-year contract. Councilwoman Swarner SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 63 Councilwoman Monfor asked Council to consider the fact that Charlie Brown has been the interim city manager for practically the past twelve months, or will have been when Mr. Manninen comes on board, and he has not only been the acting city manager, but has also been the city Finance Director and she felt it was time Council remunerate him no less than $2,000 a month for the last twelve months. Monfor stated she wanted the payment made in one lump sum now that they have accepted Mr. Manninen as the new city manager. Williams stated he believed there is a portion of the code that allows for the acting city manager to draw city manager's pay. Monfor stated it was never done and it was definitely time since they have hired a new city manager. Graves stated Kim Howard was paid extra when she was acting city manager. Monfor agreed and added Council set a sum and paid her. Williams stated he wanted to know how the code addresses it. Swarner asked Graves to research the question and let Council know at the next meeting. Monfor stated she thought Council should just give him a lump sum. Monfor added Kim was paid a lump sum when she was acting city manager and there is no reason why Council could not do this at this time. Monfor added, this should not be put off. Monfor stated she believed Council had been remiss in not doing something in the past ten months and that Brown barely took a vacation during that time. Smalley stated he seconded Konfor's suggestion. Smalley stated he though Council should pay Brown the extra money and then if it is found they cannot pay the amount (by code), legal counsel can override Council. Smalley asked how much money it will be. Monfor answered $24,000. Williams suggested $22,000 as it amounts to what Monfor proposed: eleven months at $2,000, or $22,000. Monfor was agreeable. Smalley stated Monfor's request was for twelve months. Monfor agreed, but stated she did not want to argue and that $22,000 was good. McComsey stated the it had been motioned and seconded and asked for UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 ^* PAGE 64 VOTE: There were no objections. 80 ORDERED. H-1. Bills to be Paid, Bills to be Ratified NOTION: Councilman Smalley MOVED to pay the bills and Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilwoman Swarner MOVED to pay the purchase orders over $1,000, ^� but to add on Greenscapes, the $5, 000 rental for the terminal, that will be paid when their sales tax is current and any other purchase order over $1,000 that is not current. Councilman Smalley SECONDED the motion. Councilwoman Swarner requested MMNIMOVS CONSENT. There were no objections. 80 ORDERED. H-3. Ordinance No. 1546-93 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -for -Hire." Approved by consent agenda. H-4. Ordinance No. IS47-93 - Amending KMC 7.12 to provide for monthly filings of hotel/motel room tax returns for certain delinquent accounts. Approved by consent agenda. H-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. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES DUNE 2, 1993 PAGE 65 H-6. Ordinance No. 1549-93 - Amending the Kenai Municipal Code 14.20.150 to Include Revocation of Conditional Use Permits. Approved by consent agenda. H-7. Letter regarding AML conference in Kenai. John Torgerson made a presentation to Council and reviewed the memorandum included in the packet in regard to the AML Conference being held in Kenai/Soldotna in November. Torgerson brought Council up-to-date in regard to plans being made, steering committee members, i.e. Mayors Williams, Reeder, and Gilman; Betty Glick, John Torgerson, KBVCC and the KPB Marketing Council. Torgerson stated they are requesting the Chambers of Commerce to join in the project. They hope to divide the committees up and each take a different item of project. Torgerson added that AML's Crystal Smith and Kent Swisher will be in the area in June. Williams added they will be addressing Council at the June 16, 1993 meeting. Torgerson stated $24,000 is needed to accomplish the project and through donations of travel funds budgeted to go to Juneau from Peninsula municipalities and KPB, they have $23,500 of the $24,000 at this time. Administrative Assistant Howard stated Tom Manninen will be in Kenai from June 15-18, 1993. Manninen will be here to look for a house, but will be attending the June 16, 1993 meeting as well. H-8. Ordinance No. 1550-93 - Amending the Official City of Kenai Zoning Map for a Portion of the SE ;, Section 36, T6N, R11W, S.M. (a 200 Foot Strip Along Evergreen Street). Added and approved by Consent Agenda. I-1. mayor No report. (� 1-2. city Manager No report. Swarner stated her concern in regard to the memorandum included in the packet about discontinuing the use of community KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 66 service workers for different city departments. (The memorandum discussed the fact that the State does not cover the workers with insurance.) Swarner stated the community service Workers have done a lot of good for the city. Monfor suggested Brown get in touch with Representative Navarre and discuss the problem with him. Brown stated he would work on the problem more and try different angles. Brown added he is not getting anywhere with the State. Brown stated he will try the judicial system. If something cannot be worked out, the judicial system will not have anywhere to put those people to work. Brown added he spoke with the Borough and they do not use community service workers. The City of Soldotna will not use them in high risk areas, only for library workers and washing cars. I-3. Attorney No report. I-4. City Clerk No report. 1-5. Finance Director No report. 1-6. Public works Director No report. 1-7. Airport Manager No report. At this time Council made their comments. Swarner thanked Brown for his hard work. Swarner asked if a traffic study had ever been done for Main Street Loop and Willow. Swarner asked if a traffic counter could be placed there. Kornelis stated the City does not have a traffic counter. Smalley a. Stated he will be out of town from June 14 through July 6, 1993 to attend an International Education Association meeting. Smalley asked Council if they had any information from the city or Peninsula to take along, please let him know. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 67 b. KCHS understood the cancellation of Government Day this year due to scheduling problems with budgeting and city manager interviews, etc., but hopes it will be done again next year. c. Has received concerns regarding the Bed and Breakfast sign on Beaver Loop and Bridge Access. Smalley stated he understood the sign for the business must be on the property of that business. Kornelis stated he believed a letter has gone out in regard to the sign. d. Asked about the vehicle with the sign on top of it in advertising Photo Quick. Kornelis stated he telephoned DOT and they are checking into it (the vehicle is parked on State right-of- way) e. At the same plaza, a jeep is blocking the alleyway between Photo Quick and the Uptown. Smalley added it may be private property, but if not and is a public alley, the owner should be told to move the vehicle. Kornelis stated he would check into it. f. Appreciates Brown's efforts and believes the monetary payment is barely enough to cover what he has done for the City. ITZX J: DI8CII88ION J-1. Citizens VERBATIM: PEDERSON: Honorable Mayor and distinguished members of the Council, my name is Larry Pederson and I'm chief executive officer of Commercial Financial Group. I came before your body on May 18th at your regular scheduled meeting and presented to you a proposal for the settlement of the Inlet Woods matter or at least an outline proposal for the settlement of Inlet Woods matter. Ah, at that time, your body asked that the matter be referred to the Administration. At that point, Mr. Brown and myself carried on numerous, some heated and some cooled conversations, and I believe we're pretty much to a consensus of what might be the foundation of a workable situation ah pending the ratification by your body tonight in your executive session. Ah, it started out what we wanted to have as a simple agreement and of course, along the way we had to bring the attorneys into the matter. I think ah if it was left to Charlie and I, we could of probably had a real simple agreement. Um, but it's sort of like my KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 68 attorney said the other day when we were um, conferring on another matter, and I was, I was asking him the legal rate of charge on a particular matter, ah between a client and ah, and the lender, and ah he gave me the proper answer and then he said ah, and then I said, well after reading the statute, what you're telling me doesn't look like what the statue has written here. And he said, ah, that's right Larry. He said ah, you got to remember, the law was written by attorneys and attorneys are practicing law and they continue to practice law until they get it right. So, consequently, what started out to be a simple foundation has now become, not a real complex, but um, several issued document. We believe that ah, we have the foundation of what can work. Ah, we originally ah, offered one -million -seven -hundred -sixty-two thousand five hundred dollars ($1,762,500) predicated on the fact that McLane's would have to borrow said funds`. Um, and also, ah, we offered that ah, should the offer of sale for any lots come in, or offer for purchase of any lots come in in the interim, that net proceeds would ah, would go to the city of Kenai and would therefore, reduce the ah amount of judgment and the amount of the offer accordingly. Ah, those, those stipulations have changed somewhat. The dollar amount has remained the same ah, but the nuances of the, of the transaction has changed somewhat. Ah, I believe the new, the new format that will be laid in front of you, in front of the executive session, will state that gross proceeds ah, go to the City of Kenai, rather than the net proceeds. Ah, it also stipulates that ah, that ah, there will be waiver on the part of McLane's ah, in their, ah, to move forward with their appeal process. That's considerable savings to ah both sides if that can happen. Ah, it's all predicated on whether or not the McLane's can borrow the money and every time we add a nuance, adds another pound of weight that this thing has to carry through that loan process. Um, it's important, I think, to put this matter to bed. Both sides have spent a lot of money trying to get to a point where ah, ah, a resolution can be reached. I believe that we're there. I believe if Mr. Brown here right now, in this position, would probably agree that what we have is a ah, a workable outline to come together. Um, all negotiations have to leave something on the table ah, for both parties. Ah, it doesn't work to keep adding poundage to the deal if McLane's can't make it work. It doesn't work ah, if the r_ KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 69 City gets the lots back and the City has to start selling these lots ah by themselves. Ah, I've been the public forum and I can tell you that ah, and from personal experience, that ah, the private sector is still where you're going to maximize the return on .something like this. Ah, it just doesn't happen to a government body. Um, it's not without great stress that this thing is coming before you on the part of McLane's. It's still predicated on the fact of whether or, not they can borrow the money. We've made some initial, initial contacts to lenders regarding this thing. But we could not come to them with anything formal, since we didn't have anything formal from the city. One of the successes of this thing moving forward from a loan standpoint, after being thirty years in the lending business as I can tell you, that time is of the essence. We need to move with a decision from you folks, now. The success of this loan moving forward is going to be predicated whether or not a lender believes that the McLane's or any other persons marketing these properties for the McLane's, can move these lots to perspective buyers and perspective developers, or builders, this season so that there is identifiable source of repayment for these funds being marketed. If we miss that season, if we get into mid -June, late June, July, we're not going to be there any more and the lender is going to be less enticed to fulfilling what we believe is a reasonable chance of success for Time is of the essence and I would urge, I would urge all of you to approve ah, the proposal that will be coming before you tonight. Again, I appreciate so very much ah, you're giving us the opportunity to ah, come forward and to try to resolve this issue and, and end the costs for both sides. Thank you very, very much. If you have any questions, I would be more than happy to deal with them. WILLIAMS: Let me confer with the Administration for just a moment. LONG PAUSE. WILLIAMS: Council, I've been conferring with the Administration, both now and earlier this evening, regarding this matter. I think Council will agree with me that the time for executive sessions have come and gone. Ah, we know basically what all of the elements of the proposals are. Ah, McLane's ah, intermediary, has been KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 70 working with our people. They're pretty much in an agreement, as we had directed them to come to as to the elements of this whole package:. Ah, we cannot move tonight to settle this issue because of the fact, and we, and we're back to the issue of leaving what on the table. The City of Kenai is leaving about a million -nine - hundred -thousand dollars ($1,900,000) on the table. That's our contribution to the failure of this project. Since we are, in fact dealing with public funds and in fact, our on -the -table amount takes public scrutiny, everything that we do from henceforth is going to have to be done in the eyes of the public. So, with that in mind, and with the Administration's comments, I would suggest that what we do is direct the Administration to bring back to us the total package in a form, ready to act upon, at the next regular meeting. And, the only other way we can do this would be to speed the process up by having a special meeting and that element I'm going to leave to Council to decide. I'm very reluctant to call special meetings, ah, especially with regards to this issue, since it's been going on for seven years. PEDERSON: If I could speak to that? Um, I stated earlier, and I'm serious when I say this. No lender is going to look at a project like this ... First of all, you have to operate off the assumption that McLane's don't have a million -seven -hundred -sixty- two thousand five hundred dollars ($1,762,500) laying in their checking accounts. Ah, most developers, ah most builders, that I have known over the thirty-year period, don't have those kinds of funds laying around. They must be borrowed funds. In order for a borrowed project to work there's several things that have to come into play. A history, the management, the source of repayment, the collateral -- all of these things are part of a loan package that's either going to have to be approved or disapproved. And, one basic thing we're talking about here is source of repayment. We cannot get in to June and July before we know, before we're able to take this thing to a bank. It's going to take a bank two to three weeks to act upon this thing. Now we're into July. Ah, and now, only then, are we going to be able to go out and market these, these things. It's really putting a damper on the ability for this thing to be successful. WILLIAMS: Having worked with the Alaska Housing Finance Corporation and having been in the public sector yourself, you understand, I'm hopeful, the need for public notice in these matters. We cannot act without public notice. This matter, KENAI CITY COUNCIL MEETING MINUTES DUNE 2, 1993 PAGE 71 having, you know, been so many years in the process, and there having been so many executive sessions regarding the matter that's finally brought us to this point, we are not only not comfortable dealing in an executive session, but the bottom line is, the public must know what the final outcome is. PEDERSON: I certainly don't have a problem with that, I'm just saying, if, if we have to do this in another meeting, I really urge that we do this in a special meeting rather than in another two or three weeks down the road. We just, we're, we're really running out of time to make this thing successful. I mean, I think we have come together, and I have come together in good faith with the City and on behalf of the McLane's and Mr. Brown and you folks saying we want to resolve this issue and put it behind us. Ah, and I think we have done that. I think we have tried to offer some things that didn't come easy. I had to do a sell job on the McLane's on some of these issues. They were not things that they wanted to relinquish. Um, I think we have a �l window here and we need to seize that moment of opportunity as soon as we can. WILLIAMS: Councilman Smalley, what is your exiting date? When are you leaving? SMALLEY: The fourteenth. WILLIAMS: Councilman Measles will not be here until... MONFOR: Next week. BOOKEY: Next Monday. WILLIAMS: Which would be the seventh of June? MONFOR: Mr. Mayor? WILLIAMS: Yes, Councilwoman Monfor. MONFOR: Even, even if we went in to executive session tonight, nothing, whatever was decided, we wouldn't have done until our next meeting anyway. We could, we could go in and direct the Administration to prepare the documents to bring it to our next meeting. I mean, that's basically what we would do because it's something that will have to be brought before the public. I mean, we wouldn't have a choice whether we went into executive session KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 72 tonight or did the same thing we're doing right now. It has to come to the public. And the public meeting is the sixteenth of June. PEDERSON: I, I believe that there are many ways to bring it before the public... MONFOR: I know we could go into, have.special meetings, but you know, we've had both, I think both sides have had so much adverse publicity, that the time now, if we're going to finish it, is to finish it right on a positive note and do it the right way and that's by bringing it to the meeting on the sixteenth for ... we can do, if we're doing an ordinance, we can do it in one meeting. There's nothing that doesn't, we don't have to introduce it and then bring it back in July. We could do everything the sixteenth. Hopefully, by that time, we can conclude it. WILLIAMS: Councilwoman Monfor, I'm, according to the Administration, there's a probability that we don't really need an -- ordinance. It can probably be done by resolution. MONFOR: Still it has to be, a resolution has public hearing. WILLIAMS: That's correct. Our problem is that our window of opportunity rests between the seventh and fourteenth if we do a special meeting and the problem with that is our attorney will be absent until the eleventh. He'll be gone all next week. Ah, I think that ah, I don't know how the rest of you feel about an open process at this time. I feel uncomfortable with an executive session ah, in any time henceforth from this point since, in fact, we know pretty much the elements of the offer and I don't think there's really, anything to hide in this process anymore. PEDERSON: We, we don't have a problem with an open meeting. Ah, not at all. In fact, that's why we're here tonight. If we had a problem with it, we wouldn't have been at the last or this meeting. WILLIAMS: If we perhaps, hear the main elements of the plan tonight, we could authorize the Administration to proceed on the basis of the main elements of the plan and act upon the whole issue on the sixteenth. Ah, if we in fact, hear the elements, and offer the Administration our comments to act and prepare a resolution for us, that would be our good faith offering to you to say, move ahead with your financing. PEDERSON: Is that what you're telling me? KENAI CITY COUNCIL MEETING MINUTES DUNE 2, 1993 PAGE 73 WILLIAMS: Well, I'm saying, we need to hear the elements of the offer first. But if we hear the.... PEDERSON: Elements of the, the, I will tell them to you now. The elements of the offer are a million seven -hundred and sixty-two thousand five hundred dollars ($1,762,500), predicated on the fact that they're able to borrow the money. Ah, any lots that would be sold, and of course this would be for a 120 day period of time, any lots that may come before the McLane I s as a result of other broker, their own broker, whatever, would be a minimum, I believe Charlie, is what, twelve thousand five hundred? BROWN: Right. PEDERSON: That's part, that's... BROWN: Twelve thousand five hundred ($12,500) and that could be net proceeds... PEDERSON: That could be net or gross, but it's the minimum of twelve thousand five hundred ($12,500). Ah, we think that that may be a deal breaker from being able to sell the lots for this 120 day period of time, but we are intense upon making this thing come to a resolution to the extent that we are able to and we are at the straw -that -breaks -the -camel's back here. We're almost to a point where we can't make it work anymore. Because sales history, at this point, indicates to us that we're not going to be able to sell them for twelve thousand five hundred ($12,500) net. Gross maybe, but not net. There are costs involved in the sales of these lots. But to make this thing work, to get this whole issue behind us, we're willing to live with that. The second thing is, that ah, you folks wanted a waiver of further ah, further ah, pursuit of the appeal on the part of the McLane's. Thev've agreed to do that. Ah. and that is... WILLIAMS: Let the Council get a clear understanding of what we're speaking about here. What we're speaking of here is that McLane's have agreed to waive pursuit of appeal against the Supreme Court judgment that we now have. In other words, there will be no appeal on their part. Even if they don't get ah, the loan for the properties. Is that my understanding? PEDERSON: That is your understanding and that is correct. Ah, the ,�- basic other elements of the, of the agreement are more window dressing than anything Charlie, I mean that's the basic hardliners. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 74 BROWN: Yeah... PEDERSON: Go ahead. You fill in if you'd like. You probably have... BROWN: Some of the Councilmembers may be a little confused because I told them, as recently as today, that it looked like no deal and at five minutes to seven tonight, I got word that this last element, the element of them giving up their right to appeal to the Supreme Court, they accepted that issue. And with that, as he's, as he's laid it out and he has a copy of what I have, this is the second draft of it came back to our attorney, I'm in favor of this agreement. This, this is good enough for me. Ah, I think, I'm 99 percent sure, more than that, that we have an agreement. It's just a matter now of having it redrafted the way we just discussed it and put it before you. And I'm sorry we can't do it faster, but I understand the public ... had we been able to reach agreement by packet time, you know, last Friday, I guess we could have had the public hearing tonight, but we just didn't have agreement then. So,... WILLIAMS: The law requires and prescribes a period of time in which the public must be notified of the meeting. PEDERSON: Oh, hey, listen, I'm totally aware of that, and, and, having been a public official, I know what, I know some of the burdens you're dealing with and they couldn't be more frustrating to you than they were for me when I was in that forum. The only thing that I can say is that, you know, the success of this particular proposal is resting in the hands of private sector and the private sector could really care less whether your meeting comes up on the sixteenth or the fourteenth or the eleventh. What they really care about is do we have enough time left in this season to sell these lots and make it a profitable and a successful loan project. They, one thing they're going to be looking at is that the City of Kenai has already looked at an unsuccessful period of time with this, are we just buying problems? We've got a really uphill sell job on this thing and we every day that goes by, lessens my possibilities and chances of being able to be successful. That's, that's the only stickler to me is I need the time and I need every day I can get. WILLIAMS: Well, again, knowing, knowing the full elements, having been disclosed right here, there are no other major elements that we're concerned with, do we feel comfortable with directing the Administration to move straight away with a proposal to bring back KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 75 to us? That's the first question. The second question is, when can we act on the proposal? If not the sixteenth, if, if sooner than the sixteenth, when if not, then the sixteenth. If those elements are agreed to by the Council, then you have our good -faith offer that you can move ahead and begin negotiations with the bankers... PEDERSON: That's really important because I can go to the lender and say, hey, everything has been disclosed. At this point there isn't an objection. At this point the City has offered us, you know, advised us to move forward with it and they have a good faith ah, ah, intention of seeing it through. I think I can work from that, but um, it's still an uphill battle and I need the time I can get. WILLIAMS: Well, and of course, I want you to understand our position too from the standpoint of the general public. There are a lot of questions out there unanswered and there's a lot of people out there who feel very unhappy about this particular offer. PEDERSON: Oh, I'm sure there are... WILLIAMS: You know, they're not prepared to consider this as, you know, an offer on behalf of the entire City. PEDERSON: If I can say something about that and, and, I don't want to interrupt here, but um, when Tom Behand and I took over Alaska Housing in its troubled years, um, every decision we made was second-guessed by somebody else who had, ah, either an opposing or a favorable opinion about it. And, some of the decisions we made back then ah, have been some of the best decisions we made, and some of them have been some of the worst. But, you can't, you can't always, you can't make a silk purse out of a sow's ear. And, this thing has been troubled from the beginning. It's going to have some troubles down the road just by the mere fact that of the dollars they're offered. The dollars they're offering means they're going to have to get somewhere around twelve -five or substitute other collateral to make up the difference, which is what they're having to do. Which means they're taking the bail -out of a bad project out of your hands and now taking on the full responsibility. You're taking the debt, I understand, but you can't go back and relive history. You were there. The best thing we can do is make the best decision we can now and move forward with it and I think that's what we're all trying to here. Um, it doesn't ah, it doesn't do any good to say, well, I should have done KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 76 this twenty years ago only to learn from it. We can make the best of the situation that wee have now. I think that's, that's the decision we have to make. WILLIAMS: Should Council decide to go ahead and direct the Administration to prepare this ah, agreement for our approval, it will, the agreement will have to be prepared in total, ah, by the end of this week. The Administration will have had to have done it's work by the end of this week. Ah, we cannot meet between the seventh and fourteenth in a special meeting. Ah, or if we were to meet in a special meeting, it would have to be between the seventh and fourteenth, without Council being here. I'll leave that up ... without our, our legal counsel being here, I'll leave that up to the Council. The matter, I suppose, should be resolved if Council decides to have an earlier meeting. Ah, and that's, I think, the only remaining point. First of all, let me ask Council, are we prepared to direct the Administration to move ahead with the agreement? As we understand it? Could I see a show of hands perhaps? SWARNER: I have a question about the property taxes and I, I didn't ever get my question to you Charlie. Um, is that in addition to the 1.7 or is that the property tax comes out of that? BROWN: Well, essentially, it is in addition to because if they would, if they sell some lots, the taxes are liened against the property. They have to be cleared. In the initial agreement, whatever the sales price was, the gross sales price, the taxes would be paid and then we would get money after that. And now, it's, the agreement says it's twelve thousand five or more net. But that means, that means that the taxes have to be paid off a higher sales price to net down to the twelve five that we get. They always have to clear those taxes. There are liens on the property. This agreement only deals with special assessments. MONFOR: John, I just want this, I think it's because it's very late, the bottom line is, the City will be getting a million seven, da, da, da... PEDERSON: And change... MONFOR: and, a waiver of them not appealing to the Supreme Court. That's it, pretty much. -- R KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 77 BROWN: The deal is, if we sign this agreement, they waive their rights to appeal to the Supreme Court. That's a given. Whether or not we'll get one million seven... MONFOR: That's based on their financing... BROWN: Exactly. I can't guarantee that, nobody will. MONFOR: Well, what happens if they don't get their financing? PEDERSON: You lose. WILLIAMS: We move back to determine... MONFOR: We go back to... PEDERSON: Well, but you don't lose anything. MONFOR: We don't lose anything. PEDERSON: You don't lose anything, in fact, you gain because you no longer have the battle of the appeal rights and attorneys fees on that issue. WILLIAMS: The remaining element there is that we exercise against the judgment. Ah, we take everything that we can get that is necessary to make the City whole, including the 141 lots and anything that's obtainable. SMALLEY: What about title to those 141 lots. Would that be still be clouded for ten years? WILLIAMS: Ah, we went through this issue. GRAVES: If we foreclosed on them, we have title. The problem is, is the title insurance companies don't feel comfortable with insuring the properties so people who buy it, if we foreclose on it, can't get loans unless... WILLIAMS: The only way to clear that is if the McLane's ah issue a warrant... PEDERSON: Quit claim... WILLIAMS: Quit claim deed to their entire rights... KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 78 GRAVES: ...to us. The other way, if we have the property, is to do a quiet title action on every lot. If, if they get the loan and the 1.7 million and pay us, then they have the lots now. We just clear the lien off of the lots and they're there's free and clear and they can market them and they would have marketable title assuming we pay the real estate taxes. So they would have clear title that would be marketable and we wouldn't have the property. We'd take our 1.7. WILLIAMS: One other element in this is that if we exercise against the judgment, we wind up with all of the properties back in our position, or in our possession, with title. We become responsible for the taxes to the Borough. Sans our three -and -one-half mills or less. Everything that's owed to the Borough in the past, we would wind up having to pay. That's, that's another difficult element. PEDERSON: McLane's are buying a 120 day window to try to perform, to try to make a proposal that will be palatable to both sides. WILLIAMS: I think ah, if I might, just for a moment, speak in favor of the idea, we go back to 1984, we take a look at that window of time and all of the things that were going on. The whole project, at that time, seemed very viable... MONFOR: Yes, it did. WILLIAMS: ...not only to the McLane's, but to the city council, to the people of the city of Kenai because they, in fact, voted for the bonds to do the project. It became very apparent late in the history of the construction of the project, that things were not working out well and in 1987, everything failed. There were a lot of people that failed during that period of time. I think that I'm inclined to buy the deal, simply from the standpoint that the people of the city of Kenai were willing to take the chance during the good times and they voted the bonds in. The project looked good. The city council went for it, and in fact, things turned around and turned sour through no fault of either the people of the city of Kenai, or the council members, or the McLane's. The result is, everybody is going to lose in this deal. Everybody. We've lost a million nine hundred thousand dollars, we the people of the city of Kenai. I'm not sure that, the only element that I'm not sure about, is how much we rightfully should be asked to lose, versus how much the McLane's should be rightfully asked to lose. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 79 If the McLane's are able to make themselves whole through the sale of these properties to the point that their debt of one million - seven -sixty-two is paid, they skate. The people of the city of Kenai get stuck for a million -nine. PEDERSON: That's not half bad, I can assure you. WILLIAMS: If they can't, then they lose whatever the difference is between what they can make and the million -seven -sixty-two. I personally don't know how you're going to pull it off given the interest rates, the taxes that have to come on top of it, the realtor's fees, and all of those things. I, I'm personally skeptical of the plan would work as a business deal. PEDERSON I'm not, I'm not kidding anybody when I say, there's a reasonable chance that if we can pull it together, but I want to tell you, it's very, very thin. We're going to try our darndest and best effort all the way around to make it work. I, I work ah, in brokering these transactions. I brokered all in Anchorage. I brokered to many, many lenders ah, in the lower forty-eight. Ah, Anchorage, Anchorage lenders right now are probably more warm on deals in Alaska than anyone else is. You still have to go outside when you're going to get a long-term lender or even short-term lenders and drag them up here. Their, their message information on Alaska is still four and five years behind time and it's not a good, it's not a good image. I've coupled with the fact that if you're talking with the east coast lenders, they're unraveling themselves back there because of an overbuild situation. All of the banks now in New Hampshire are failed. Every single last one of them. Ah, all but one in Connecticut has failed. Ah, it's been a real estate crash as we've seen it here. So, you know, getting lenders from outside to come to Alaska where the rumor mill is still very much told, it's a tough deal. It's not going to be an easy sell, but I believe there's a reasonable chance that ... WILLIAMS: Let me ask you two more questions and certainly we can make a decision. There's an element of 51 lots floating around out there at six hundred and, six hundred and how many thousand dollars? PEDERSON: $600,000. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 80 WILLIAMS: $600,000. That money would come directly to the City. That money would reduce from the one -million -seven -sixty-two the principle amount, is that an element of this? BROWN: Exactly. It's an element of it, but that deal would have to go back to between the McLane's and the, the ah, buyer because it wasn't enough money... PEDERSON: .....together as it was proposed so it would have to go back again. WILLIAMS: Let me, let me rephrase the question then. Whatever the element of financing or how much ever cash there is involved in that element of financing, the City would expect to get the majority of it. BROWN: All of it. WILLIAMS: All of it. Okay. Whatever it winds up at. We would then reduce that from the principle amount. PEDERSON: That's right. WILLIAMS: Now, would your clients also be willing, in 120 days if they fail, to finance this thing, without any further discussion, without any more concern for the legal process, be willing to deed to us, in total, the entire remaining lots of the subdivision. PEDERSON: I don't think so. I think we're at, I think we're at a place in time where we have packaged all of the weight that this thing can carry. WILLIAMS: I'm only, I'm looking for protection here. PEDERSON: I don't know that there is that protection out there for anyone Ah, I just don't know that there is, I mean, ah, they've given up rights they have under the law to try to make this thing, and that's the appeal right. That's very important to that family. Ah, I had to go back and discuss that with them at great length. That did not, that was not an easy, that was not an easy issue of negotiation. I, I think what we're going to do is cause it all to be something in history if we start trying to pack more camel's weight on it. WILLIAMS: Where do you see us in 120 days if the deal fails? If you fail to obtain... -N KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 81 PEDERSON: to predict the future. WILLIAMS: Well, if you fail to obtain the financing for the remaining amount and we accept the deal in which a purchaser's bought off on 51 of the lots, what now remains.... PEDERSON: couple of options . I could tell you that as a public official, you can't get as much out of a lot as a private entrepreneur can. We've tried it both ways at Alaska Housing and that's when we finally went to the designated broker program and then, I don't know what we finally ended calling it, but we found that we were able capitalize and get more dollars for repossessed and foreclosed properties when it was in the hands of the private entrepreneur, entrepreneur, making a private entrepreneurial transaction. One of the options that may be able to you is ah, the McLaneIshave the interest in making something come together as, as close to maximizing the transaction as possible. I mean, they're the ones that have everything to lose, along with the City if it doesn't work. One scenario might happen in 120 days if this doesn't code together is the McLane's actively market the property for the city. I mean, they would have every interest to maximize the dollars out of every single lot transaction if they were put into that position WILLIAMS: So you would see us entering into a new agreement? PEDERSON: see that, I said, that's a scenario, but one, one may want to look at if this, if the lending transaction don't work. It's a way for, instead of working against each other, for you to team up with each other and minimize the losses for the McLane's, as well as the City yourself. WILLIAMS: In other words, we'd be looking at ah, developing some new and unknown agreement if, if this one fails. And that's an area the City doesn't want to get in to is a partnership arrangement of any kind where we're involved in trying to be a partner to a marketing scheme of some sort. PEDERSON: No, and I know that and I know the reasons why you don't and sometimes though, I think, to make the best out of a bad situation, sometimes you have to entertain those kinds of things. We didn't want to get into, as Alaska Housing, want to get in to business with every real estate broker in town, but we found out rshortly, and very soon, that, that it made sense to have the KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 82 private individual, and maybe you don't want to use McLane I s, maybe you want to use somebody else, I mean that's a possibility, but, but I think it's important that it be, that it be marketed privately to minimize the losses on both sides. But, we found out that it was to our advantage to have, to have that unity between private and government sector, and it worked for us. Sometimes it does not and I understand the problems with it, but it did work for us. To give you an example, at 20 months time, we moved 5, 000 repossessed properties down to less than a thousand, and at the same time all this was happening, we were foreclosing on four hundred new ones every month. We could not have done it without the help of the private sector. WILLIAMS: I understand that. PEDERSON: The last thing, I think, anyone wants to do here is for both sides to fold up and whatever happens is going to happen because I can tell you, that's disastrous, for both parties. WILLIAMS: Well, well the... PEDERSON: I can see two years' delays if that happens. Two years of more attorney fees and costs escalating and living with an attorney on one leg twenty-four hours a day. That's just exactly what happens... WILLIAMS: The alternative to it is, I've explained to Council one time before, is that we take the entire amount of property ourselves. Wash the debt that the McLane owe, McLane's owe, we foreclose on the property. We put it in the bank until the bonds are paid. We retire the debt and we give this whole thing to our children when they become councilmembers and we say, kids, here's an estate for you to handle. We screwed it up, you fix it up. That's in the year 2004. That's, that's the only other alternative. I'm inclined to go along with it but Council, we're taking a big chance. We're taking a big chance of getting the entire million - seven -hundred -sixty -two -thousand -five -hundred dollars ($1,762,500). Ah, ... PEDERSON: Well, you're taking a chance, but you're taking an upside chance. The downside chance is still there and if they don't come up with the money, you've eliminated some attorney -~, KENAI CITY COUNCIL MEETING MINUTES DUNE 2, 1993 PAGE 83 costs. If they don't come up with money, you're right back to where you are tonight, making another decision, but only 120 days later. The upside is, you end up with a million seven -hundred and some odd thousand in cash. WILLIAMS: Let me poll the Council one more time. Are you ready to direct the Administration to proceed with drafting an agreement? TAPE CHANGE. (from Clerk notes) Councilwoman Monfor MOVED to have Charlie Brown prepare the agreement between the City of Kenai and McLane's as discussed tonight, for the next meeting. Councilwoman Swarner SECONDED the motion. (from tape) SMALLEY: I will not be here at that meeting if it's a regularly scheduled meeting, but it's my assumption that this is something that will be discussed before 11:30 at night? WILLIAMS: Absolutely, I'll request that the Administration bring it to us as the first item on the agenda, position it at C-1. SMALLEY: And, there will be, it will be posted in the paper of the public hearing and all the good stuff? WILLIAMS: Yes. MC COMSEY: Legal counsel will be at that meeting? WILLIAMS: Meeting of the sixteenth? GRAVES: Sure. WILLIAMS: Absolutely. GRAVES: Will be back Friday. WILLIAMS: Ah, further discussion. Clerk call the roll. KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1993 PAGE 84 FREAS: McComsey: No Bookey: No Smalley: Yes Williams: Yes Swarner: Yes Monfor: Yes WILLIAMS: Another remaining question is, does the Council want to entertain a special meeting between the seventh and fourteenth? (no) Okay. The vote is very, very narrow as is every element of this agreement. It's four to two. We will only have six members at the meeting of the sixteenth. Smalley will not be here. Measles will be here. So, we all need to go into this with our eyes wide open at ten minutes past twelve, and understand the margin of acceptance is very narrow. PEDERSON: I appreciate your time and I appreciate your consideration very, very much. Thank you. J-2. council Discussed during Item I. ITEM X: PROPOOND EXECUTIVE 8 8� 8ION -- Inlet Woods None held. ii IT • 9i.�1r_= 4 The meeting was adjourned at 12:12 a.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk -1. FRANK H. MURKOWSKI ALASKA COMMITTEES: 'SELECT COMMITTEE ON INTELLIGENCE MICE CHAIRMAN) ENERGY AND NATURAL RESOURCES FOREIGN RELATIONS VETERANS' AFFAIRS SELECT COMMITTEE ON INDIAN AFFAIRS Innind *att$ Matt WASHINGTON, DC 20510-0202 1202) 224-6665 Ms. Stephanie Solien ,assistant Secretary for a Legislative affairs U. S. Department of the 1849 C Streets, N.W. Washington. DC 20241 Dear his. Solien: June 3, . 199i C one ress Tonal Interior F-/ 19071 456-0233 P.O. Box 21647 JUNEAU. AK 99602-1647 (9071 566-7400 130 TRADING BAY ROAD. Surn 360 KENAI. AK 6961 1-7716 (9071 283-6609 109 MAIN STREET KncmmAN. AK 99901-6489 (9071 225-6660 I am referring the enclosed correspondence from The Honorable John Williams, Mayor of henai, -Alaska, to you for an inquire and appropriate handling. As explained in the correspondence, the Cite of i:enai is mired in a right-of-way land dispute involvin&z ttco DOI agencies. it certainly seems from the information I'%'e been provided that the Cit.- should not be subject to assessments from the U. S. Fish b Wildlife Service when 25 vears ago BLM apparently granted permission for them to use the subject land for the road right- of-way. If the permission was granted in error and the Native Association is ultimately- entitled to the land, could their entitlement be expanded by that amount elsewhere? There must be some provision within the law and DOI regulations to grar►t conveyance or perpetual use and I would appreciate your assistance in expeditiously resolving this matter. Please keep me apprised of your progress in that regard by corresponding with my :anchorage office. Thank you for Your consideration of this matter. Sin • rely, loop Frank H. Aurkot.ski United States Senator Enclosures cc : Join! .i . t: 11 i.ams Mavor Cit. c)f Kenai _1; Fidai�o Kenn i , A K. 9E., i i JUN 08 '93 12:42 APRN 907-277-2776"FAXO 263-7450 F-a r: qLACUMMAIL Nbl"Is OF: Aluka Pablk Radio Network * 610 Pm hfinib Avenwt Aq loq a, AhWo l9SW3M Pboee (907) 277 3776 : Fax (Wn 363.70k . FACSZMILE TRANSMISSION COVER 810= • w w w w w w w w w ....... w w w- w w w ....... w w w w w w w w w w ... w w w w w w w w w w w- w w w w w w w w w THIS TRANSMISSION CONSISTS of PAGES (INCLUDING %XIS COVER SHEET) QhTZ � A, /4, TO: MW FACSIMILE NUMBER: ( ) 29 3 "" 30) 4t Colleen Casboan Laibart FROM: Marketing Director Kim We'd like the Kenai City Council to be a sponsor of this special program. If thin is appropriate to be brought up at the next meeting, We'd appreciate any; contribution you could make toward defraying our sspenses, and would be pleased to provide the City. of Kenai on -air recognition. Thanks. Colleen i T_'N OF '93 12:42 A1ORN 927-277-2776'7XA 263-7450 P.2i3 JUN 08 '93 12:43 APRN VOICES OF ALAsIKA Alaska Public Radio Network * $10 Ea4 Ninth Avenue * Anchon , Alulu 99501-3826 Phone (907) 2772776 * Fax (M 263-7430 THE WISDOM AND WORDS OF PETER XAA LIFORNSICY AN APM1 TRIBMM P.3/3 The voice of Peter Zalifornsky-has been silenced. The Xonaitae Indian writer and elder died of:cancer Saturday at the age of al. Be will be buried on Wednesday. A vital part of our estate's history, Xalifornsky is credited with preserving the oral tradition of the Dens Iina people as its last Native speaker. He won many;,honors for his work, including Distinguished Humanist from the Alaska Humanities Forum, AFN's Citiaen of the Year, and hook Of the Year award from the "Before . Columbus" Foundation. Join AM and its member stations as we explore the written legacy of Peter Kalifornsky in :a special halt -hour show, produced by Susan Xernes for the Alaska Public Radio Network, profiling the man who kept the Dena'ina language alive. The program is being made available to public radio stations across Alaska for airing live or at a later time. 2Po38Sas§ : Sponsor receives statewide opening and closing: message on this- half-hour special. gm:, $300 "...made possible by k for contributor '- Ir is ww .a. • fa�wMsf►s • �.e.ie re4we Coo e ENIMA r N-i - • [YUKAw n«be • uevu4ChMk W p�rlp�•iR:�tlryMelN•xilyMAWlk,11Ww•=IYV�t�lilea,+liY�R+wllili�M•li�i1►�[ikt�w IMOO tJM...• i►lYfiwi/lMMra•ff l fink a•> MOii�dt• IOW&* IMF • afar+#1 +i�t INNS" �l114e+ • f llt flub UNNIMMIL f MCI WaMob MIU0110IM • it1e�A:fi4u is•6 [Mrn�ll TO: FROM: DATE: RE: 1791-1991 / CITY OF KENA G2djadal 4 4ia4"' f 210 FIQAL.00 KENAI, ALASKA 99d11 TELEPHONE 283 - 75M FAX 907-283.3014 MEMORANDUM Kenai City Council Randy Ernst, Airport Manager June 9, 1993 one Time Premium Bid for Spaces #28/29 and #30/31 Kenai Municipal Airport Terminal As directed by the Kenai City Council at the June 2 meeting, the Administration accepted one time premium bids for spaces #28/29 and #30/31 at the airport terminal, from Mark Air and ERA Aviation, Inc. Bids were opened at 3:00 p.m. on June 9 at Kenai City Hall. Mark Air bid $5,011.00. ERA Aviation, Inc. bid $100.00. Based on the discussion at the last council meeting, the administration recommends awarding the lease to Mark Air, providing they become current in delinquent taxes owed to the Kenai Peninsula Borough and lease amounts due to the City. The current lease Mark Air has with the City will expire on June 30, 1993. The City will not enter into a new lease agreement for Space #28/29 and #30/31 with Mark Air until they become current. - r 1791-1991 CITY OF KENA "Od G'dpdal °J 4Z „ _ 210FIDALGO KENAI, ALASKA 99611 TELEPHONE 293-7535 FAX 907-283.3014 TO: Councilmembers FROM: John J. Williams, Mayor City of Kenai DATE: June 11, 1993 During our meeting of June 2, 1993, it was the Council's desire that we should prepare a resolution in support of a school construction project or remodeling Kenai Elementary in the City of Kenai. In attempting to draft a resolution, I have tried to gather as much information as possible regarding the two projects, i.e., both the remodeling of the old school and the construction of a new school, so that I might best consider how to draft the resolution for your review. After talking with John Dalgren at length over the issue, I finally decided that it would be best not to draft a resolution, but rather to present you with as much information as possible and discuss it at an open council meeting. From that point, you, as the Council, could direct me to issue a letter to the School Board showing what your wishes in regard to this matter are. With that in mind, the following represents as close as I can tell, the issues on behalf of the two projects. First of all, the cost of renovating the Kenai Elementary has been placed at $3,841,643. This would entail taking care of most of the problems within the facility, including handicap access and renovation of the heating system, etc. In comparison, it appears that the cost of a new school at the Sears Elementary location would be approximately $9,770,000. This represents a tremendous spread between the two, however, there are many other factors that need to be reviewed. -1- The area, as we know, is in a growth period and will probably continue to grow for some time. During the period of 1981-82 through the period of 1991-92, that ten-year period:, including the downturn portion that we experienced in the 1997-88 period, the district growth in students equalled 36%. Arid I point out that represents a 3h% per year gain. As mathematical curves go, we can expect better than a 3h$ gain in the following ten-year period. With this kind of gain, it could become altogether too possible that if we were to renovate the Kenai Elementary, that in a very short period of time, it too would be too small and we would be looking at the same situation we have now in having to put in portables and housing students in other manners. If we were to renovate Kenai Elementary, and it were filled to its new capacity of about 420 students, in a short period of time, we would once again be out of space. We would have spent the money that we were allocated for bonding, and we would not be able to get any money to build a new school and therefore would have no way to cope with future growth. On the other hand, if a new school were built, the school would house at least 500 students in the beginning and with the forty acre site the school will be situated on, there will be room for future expansion that would also allow for facilities in the playground areas and other areas that are necessary to a larger school. That of course is not the case with the Kenai Elementary because of the limited amount of property associated with the entire complex. Now we come to the issue of the financing. During this legislative session, the Legislature authorized the bonding of $250 million for the construction of schools throughout the state. However, in the authorization of the bonding, they set caps for certain areas. First of all, a cap of $133 million was placed in position for Anchorage. An additional $67 million was allotted for the Fairbanks School District, and that left $50 million for the entire rest of the state. The due date for application of this funding is July 15, 1993. This puts severe time constraints on all parties involved. We know from outstanding requests that there is approximately $650 million worth of construction requests out in the entire state. The $50 million that is allotted for the entire state, aside from Anchorage and Fairbanks, is but a mere drop in the bucket compared to the absolute need. I am not at all sure that any of us know how the priority list for this funding is going to be developed and whether or not the Kenai Peninsula Borough even has -2 - F*"� a chance of getting enough money to do the work necessary, including both Tustamena and either a new grade school or renovation of Kenai Elementary in Kenai. Now to the issue at hand as to whether there should be a new school versus renovation of Kenai Elementary. If we were to remodel Kenai Elementary and open it as a grade school again, we, of course, would lose the resources of People Count, Alternative School and the Boy's and Girls' Club. There are no other facilities within the city that can be had for their purposes at the kind of money they are paying for that facility. This would probably necessitate their moving to other areas and possibly splitting the three programs up which would be a detriment to the whole thing. If status quo is maintained, they can continue to operate there for the foreseeable future, however the School Board is anxious to make some other arrangements for their long- term operation. With regard to the construction of a new school. The worst part of the whole scenario of course, is the $9,770,000 construction cost. The other issues, I believe, are moot, but should be examined. First of all, it appears that the ideal place to build the new school would be at the Sears Elementary location, primarily because the bedroom of the community is growing in that direction. If settlements are reached with the Inlet Woods Subdivision problem, we can expect to see growth in that area which would or should require that the school be built near the bedroom. Another point in their favor is the land exists there, I believe there is forty acres, for future expansion, for playground development, and for continued centralization of the grade school in the future. The question of the economics is one that must be studied very closely. Our original debt curve was projected to taper off to an end at about the same time the oil development played out in the Inlet. In other words, about the time we would lose the tax base from oil development, the greater share of the bonding debt that we now carry would be paid for. A small glitch was put into that plan, when extra bonding was created for new high schools. That actually carried the debt line further out than the production or the ability of the tax base to pay for it. That put us somewhat at risk at having much higher taxes to cover the debt. However, as most of us know, with the new oil find and the development of additional $500 million in tax base over the next few years, that problem of the debt service to the existing debt has pretty well been taken care of. The problem we face now is somewhat similar to the problem we faced when we last increased -3- the debt and that is to increase the debt line out to another new projected point where the future may, once again, show us in a position of not having sufficient tax base to pay for it. one, however, must keep in mind that there are at least three more lease sales scheduled for the,Lower Cook Inlet, one in 1994, 1996 and 1998, which may conceivably expand the tax.base once again, thus solving the problem or dilemma we face at this point which is whether to incur more debt. Council surely by now has recognized the fact that no matter what we do, if we plan for the future and expect growth, we're going to wind up having to pay for it. I can. point specifically to our own problems right here in the City in which the sewer plant required $1.5 million and now we're faced with the situation of having to purchase a new fire truck primarily because we've all been enthusiastic about economic development and growth. one other issue that I would like to discuss with you as long as I am writing this lengthy letter is the future of the existing occupance of Kenai Elementary. In my mind and in the mind of some other folks involved in the process, it is possible for the City to acquire Kenai Elementary School for one dollar. It would then be possible for us to release the building back to a private, non-profit corporation for one dollar. In doing that, it would become the responsibility of the private non-profit corporation to raise the necessary monies required to pay the utilities and the electric bill and maintenance of the facility. The overall cost of operation of the building at the present time for utilities is about $50,000 a year. The problem is that the income to the facility is only $36,000 a year, thus producing at least a yearly shortfall of $14,000 and that does not include any maintenance on the facility which could cost another $20,000 per year. If the City were to acquire the building with the dollar program and release under the same program to a private non-profit organization, that organization would have to seek tenants to increase the revenue for the facility. There are public sector tenants who would be able to occupy space in the building, thus increasing the amount of revenue to the project. However, some of those public sector tenants may very well be leasing public sector environment office space at the present time. A program of this nature may very well incur some descent from private property owners who are now leasing to agencies of the state and other governments. Perhaps the best issue is to let that matter lie for the time being and make a decision, having knowledge of the above problem, with regard to the two school projects. My personal feeling is to opt for the new school project, even though it does mean incurring new debt. My primary reasons for opting for the new project are as follows: 1. The debt issue should be covered with future expansions in the economy and future development in the oil industry. 2. The growth period that we see now, I believe, will only continue through the rest of this decade. 3. The 36% growth of students in the last ten years will surely be repeated in the next ten years. 4. In my estimation, there is not available sufficient area at Kenai Elementary to allow for expansion of any sort beyond the present physical facility. 5. The evolving bedroom community in the Inlet Woods area would further dictate that many new and young people will be living in that area and that the school to serve them should be accessible to them in their immediate neighborhood. I am sure that Council will have many other ideas to discuss. I merely offer these as guidelines for you. I am hoping that after the June 16, 1993 meeting I will be able to draft a letter of support with some meaningful content and pass it on to the School District. Thank you very much for your patience. I am hoping you are able to read the entire message and I am also hopeful that some of the comments will be able to help you in your decision. I look forward to further discussion at the June 16th meeting. JJW/clf M-M N i ►y N N 3c =• M � « i « w r r r w r « m � C « r i « r r N M M � N M 0 « f•7 N'1 ti l0 O� p O y �O r� y eti Rs w1 y9 b N i N r M w w r r N M N N N M « i i N M « O N N « �'7 7� t. i•"1 Ir •O p �ti f•"1 N N � cl: 4 ['� w N i M M r r i N i N i M M M r i r N r y y y i N r r H a p- AC H a w r N « p. W v2 o. N i « r a en Op y O « E N r� �-+ H ►-� a H a « • «a H e.. ..a �, H of « O « ar a m t+K H OA e~ia i Li V FA FA to.~ ¢ OeJ N i N N N N M M N N r N M « M r N r « « « N N N pp y p M17 N M H a pad y y y .-7 a~u a4 CO O O ; H O m o a a�a u w N N « i « « A« N N w w w r H 7 U go V 31c i N N w M « M N N i N M w w O N M by w M Fi M M {n y •�+ cj V Da n.a PIC « N M za M O ►� E J/ 06 an y - H W R' N v r ba n. ad H w2 Cq sa w r •-a y ad 'JS M i O U « w w « A OO M M « « w i m « M N t w�C• Y-r M N y CAC o w 0 « « a�. o w o a as ►0-� 0 i F. « « u u ma ba M U y M O i ~ si sat s O = C o w 0 y y /- .-a ci cc H m i y i St t a v 04 a6 O r - O C .l1 ai m m ✓) m O cz O O m r ! W z .K Y � w �. -� m a R m Z i tl : ! y H a. a y EZ Z 0. y H m Z i y ti Or � A m Z ! w z Y Y tl a r m oa : :at at s ns a 7f s 30 E w a a .p � y ►� ..y J .A ..y r � ..e .t) •'� �•-� y V „ .,tit "� .a « Z « •-� ae ae u y y H m as •mr z_ .�-C' a_ 6_ r_ � y •-� r_ r_ r u i. !« « Y s r Z r O Z V! or r oa oc V as 7E CD w S ! y z o O m F cm x _ = x 6 O [-• V ..i i CI C C.7 r) .Oi �.n M y tl. ..a .4 a.a ...t « m om w n ��. � o m � c omit r � r_ m "ram a z •re .rV. a .r, Ga r 12 .-a x rC V i ..a x Gq wr" m m m u y m N r O y /f E'•' .a F r vra "'a E '-a 0.� V O y S •n y U N ?� m W E t tJ w ,� va rie m F r "•' tl r ti-. = T 7 �C V - E U a. R V « � •-a .s _ r p V � s C� � F`zy' y m ..i c.) i .a. „z•, m 0 F x 5 w m K .�. ter-. w • r r w O m F r w .+AR r••,a i ! Z .w.a =_ r e- y O_ Z r M as Li "w• R y O p W � m O Y 't m r r r r '7` r W r O m y V p c_a E O ,aT�O rZ-� � m N ••i � 0. O O � .0 � E W! V Z U r G7 p m F-• M a G V m .n x a d OrO ..i ems .: r r%s rf T Z _ o 17 W iat Ci y M W W y Z = y = rM y m p y V PO ft! Z i d r S O O y C.9 E r U Of 7p 7C O 1.2 p N MV Z ! P•1 ^ ~ rpp f W i M O � M Y� m r � � � E � CZ9 0. u Vs r ri O iC � ¢ H FZ•� ► ypp i V M Mr U O f r « rfi A IL, wi _� ppi � a �•a IS « r r r nri Y „� e, 0. r r w F F oft p El �.'� b i O m Suggested by: Harbor CITY OF KENAI ORDINANCE NO. 1551-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING SECTION 13.10.060 OF THE KENAI MUNICIPAL CODE. WHEREAS, individuals camping on private property without adequate sanitary facilities create a public health hazard to the citizens of Kenai; and WHEREAS, it is in the best interest of the City of Kenai to ensure that campers on private property are provided with adequate sanitary facilities; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 13.10.060 READ AS FOLLOWS: 13.10.060 Mary Facilities for Camping an Private PmoerTv: (a) Camping on private property, without the written permission of the owner is prohibited. (b) The person camping shall be in possession of written permission from the owner of said property which shall include the name of the person allowed to camp on the owner's property and shall specifically state the property owner's permission for the camper to use the sanitary facilities of the property owner and state the location of the facilities. (c) Sanitary facilities shall be provided by the property owner who allows camping on their property and shall be adequate for the number of persons camping on the property and shall be located within a reasonable proximity of the camping area. (d) A violation of any provision of 13.10.060 shall be punishable by a fine as provided for violations in KMC 13.05.010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: (6/2/93) June 16, 1993 July 7, 1993 August 7, 1993 1791-1891 CITY OF KENAI "Od Capdal 4 4"rp 2"FXMLQO KOW,ALA9KA nell TELEPHONE 283- 7saa FAX 907.283-3014 TO: Kenai City Council FROM: Randy Ernst, Airport Manager DATE: June 11, 1993 RE: Airport commission's to the City Council At its regularly scheduled meeting of June 10, 1993, the Airport Commission made the following recommendations: 1. Eliminate the vehicular service mad from the east side of the airport apron. 2. Request the City install glass partitions between the car rental offices. The City Administration does not agree with the Airport Commission's recommendations for the following reasons: 1. The vehicular service road should not be eliminated. Safety and liability are the two prime reasons for having a vehicular service road established and delineated on the uncontrolled areas of the main apron at the airport. Employees, tenants, and contractors who service aircraft parked on the north apron or in front of the terminal use this roadway as a means of access. The service road also acts as a buffer or separation between vehicles and aircraft which lessens the possibility of an incursion between the two. It gives order to what could otherwise be a dangerous or chaotic situation. The Kenai airport is an FAA certified airport and therefore falls under the rules governing the certification and operation of land airports which serve any scheduled or unscheduled passenger operation of an air carrier as outlined in Federal Aviation Regulations Part 139. In paragraph 139.329 (Ground Vehicles), Section (b) it states: "Each certificate holder shall establish and implement procedures for the safe and orderly access to and operation on the movement area and safety areas by ground vehicles ..." , the implication here is that there should be some means by which vehicles can enter the controlled areas of an airport and a service road provides that access. Presently, there are no specific guidelines pertaining to service roads, however , the FAA is updating its Advisory Circular 150/5340-1 (Airport Marldng) to acknowledge the need for these roads and where they should be placed. Currently, service roads are dealt with on an individual basis as they pertain to each airport's unique situation. In conclusion, the 1986 placement of the service road at the Kenai airport was not an arbitrary decision to cause conflict. It was meant to allow for safe and orderly access to and 1n aircraft and to and from users leased property. It does require a degree of awareness on the part of pilots and ground personnel as to the location of the service road and that is true at any airport. Every airport has its own set of regulations. The service road should not arbitrarily be abandoned on the request of one or two users of the airport. There are other users at the airport who have stated they want the road to remain. 2. The administration has no objection to the installation of glass partitions between the car rental offices as long as all the partitions are done at the same time and the plans are approved by the administration. A modification of this type, however, is more beneficial to the car rental agencies than it is to the general public. Therefore, the materials and installation should be paid for by the car rental agencies. RAE/sp June 16, 1993 Hello, My name is Teresa Werner-Quade. I serve on the Kenai Airport Commission. At our last meeting, the Commission voted to eliminate the vehicular service roadway at the east side of the main apron. I abstained from voting because I believe that Randy Ernst, the Airport Manager, is best qualified to make this type of safety and liability decision. I do not believe that commissioners should be made to vote on a matter of such high safety liability without first having extensive study and input from professionals in the business. Voting on such results is undermining Mr. Ernst's position as Airport Manager, a job he has been hired, and the City has placed confidence in him, to do. I abstained from voting because as part of a collective group of volunteers, truly I feel I am not in a position to decide traffic liability issues between land vehicles and airplanes at the Kenai Municipal Airport. INFORKATION ITZKO Kenai city council meeting of June 16, 1993 1. 6/2/93 Council Meeting "To Do" List. 2. 6/6/93 KK/J. La Shot memorandums regarding Toyon Villa RV Park; Coyle's Landing B&B sign; Foto Quick car sign; vehicle blocking alleyway between Foto Quick and the Uptown. 3. 6/11/93 J. La Shot memorandum regarding Rainbow Bar beer sign. 4. Pay Estimate No. 12 - Kenai Courthouse Project - G&S Construction/$474,326. 5. Information regarding capital appropriations to Kenai. 6. 3/27/93 Governor Hickel letter regarding reapportionment. 7. 6/93 Greater Soldotna Chamber of Commerce, Your Chamber Today. TO DO LIST COUMIL MEWING O! JUNZ 2 , 1993 CRa/RAE - Advertise for lease proposal including a one-time bonus payment for the rental of the Kenai Airport terminal space formerly occupied by Southcentral Air. Proposal to have a seven-day time limit. JW - Prepare resolution regarding support of either building a new elementary school in Kenai or renovating the old Kenai Elementary School. Prepare for June 16, 1993 meeting. CLB - Do non -objection letter to ABC Board for transfer of Casino package store liquor license to Kmart upon Casino being current with taxes and filings. Letter of thank you to Tom Murphy. Letter of appointment to Library Commission to Ed Meyer and Amy Price (student representative). Add AML •presentation to 6/16/93 council meeting agenda. Place McLane settlement agreement discussion early on 6/16/93 agenda. CAB - Make the following budget amendments: Add to budget: $ 950 Legislative/93-94 Pen. Caucus dues. 2,000 Library books. Cut fire pit budget to $2,500 (from $4,000). Place remaining $1,500 into Parks & Recreation or Beautification for summer employee salaries. Add to budget: $29,882 City Manager costs. Add to budget: 30,000 Road Treatment/Dust Control Total adjustment to budget = $62,832. CAB - Try different angles in regard to the City using community service people. Prepare agreement between City of Kenai and McLane's as discussed during 6/2/93 meeting for council action at 6/16/93 meeting. -1- xo/KX/RAE/ PP - Add to agendas - Setting goals and objections of your commission/committee. RR - Have support added to All -America City sign on top of Welcome to Kenai sign. Sign on top of car in front of Foto Quick -- allowable? JL - Investigate RV park by Toyon Apartments - Do they need a conditional use permit, building permit, etc.? Investigate pavement, dirt, etc. being pushed over the bluff at that site. Give report to CLF for forwarding to council. Investigate the B&B sign on Bridge Access and Beaver Loop. Does the sign need to be on the B&B property? Report back to council. Investigate whether it is okay for the jeep to be blocking alleyway between Foto Quick and the Uptown (is it private property or not)? JW/CLF - Write a letter to J. Arness and Townsite Historic Task Force members regarding the RV Park at Toyon Apartments. FINANCE DBPT - Cut check to CAB in amount of $22,000 as remuneration for working as Acting City Manager, as well as Finance Director, for eleven months. Check should be in one lump sum. Don't pay Greenscapes until they have paid sales tax owed. Also any other business receiving payment of over $1,000 should be checked as to whether they are current in paying sales tax prior to payment. -2- y p CG n � -• •� ImpE/A/ T COYLQ �� Q d B C�y,e Siij�,v - f'c - efUicK V,4 z e TO: Jack La Shot, City Engineer FROM: Keith Kornelis, Public Works Director DATE: June 7, 1993 Please write me a memo that I will pass on to Council concerning the following items: 1. Information on Vozars' RV park, located on the bluff behind the Toyon Villa Apartments. What are the past and present codes and regulations concerning building RV parks in this Kenai Townsite Historical Zone? Does this use meet the present P & Z codes? Council is planning a work session with P & Z on June 16 to discuss this zone. Do you have any idea how the P & Z Commission and the task force feel about RV parks in this zone? Have you issued any permits, (building permit or conditional use?), for this RV park? Do you know if the Vozars have a Corp permit to push material over the bluff? 2. Information on BB signs. The sign that Council is questioning is the BB sign located on the Bridge Access Road near Boat Launch Road. Is the size of this sign ok? Does the sign have to be on the property that it is advertizing for? 3. Are signs on top of cars, such as the one on top of the car in front of Foto Quick, a legal sign? I did call DOT/PF about them being in the R.O.W. which is not legal. They are checking to make sure the car gets moved back onto private property. Are they legal on private property? 4. Council also asked about an alleyway between Foto Quick and the Uptown. I explained that I thought it was private property with no dedicated alleyway. As you can see from the attached, it is private property with no dedicated R.O.W. I know you are really busy, but I need this before Wednesday at 5:00, June 10, 1993. KK/kv KEIIAI RIVER CROMNO JUN 0 9 1992� MEMORANDUM DATE: June 60 1993 TO: Keith Rornelis, public works Director FROM: Jack La Shot, City Engineer RE: ITEMS DISCUSSED AT THE JUNE Z, 1993 COUNCIL MEETING Beluga Point R/V Park This RV Park began operation last summer in a limited capacity (basically they let RV's park there without utilities). The way the code is set up, we have not been able to regulate uses in the TSH zone, therefore no CUP was issued. The amendments being proposed to the TSH zone would regulate uses and incorporate them into the Land Use Table (LUT) of the Code. Better regulation of uses has been the thrust of the TSH Task Force. They have specifically omitted RV Parks from the TSH Zone amendments (a conditional use permit could still be applied for even though not listed in the LUT). In any event, the present code for this zone, only regulates construction requiring a building permit. The Vozar's submitted utility plans to the City and ADEC for approval, however, these facilities do not require a building permit. They have also obtained the proper excavation permit for utility tie-ins within the right-of-way. I have kept the Planning and zoning Commission and others in the Administration informed of this RV park because I knew there would be concern when people saw the utility system being installed. I understand there is some confusion over the CUP for Overland RV Park. The first phase of this park required a CUP due to it being in a Commercial Zone. The next phase, constructed in the TSH Zone did not. We thought it did at first, then changed our stance after further interpretation of the Code. This second phase was however reviewed by the Planning & Zoning Commission due to it being City lease lands. As far as any fill that has been pushed over the bluff, the Vozar's are responsible for this, and any Corp permits necessary, if needed. Coyle's Landing B&B Sian This is an unpermitted sign and appears to be in, or close to the right-of-way. We are sending a letter (copy attached) to the owners of the B&B notifying them of this violation. T-T91410 This has come up before. The question was whether this is a portable sign or simply a car with a sign on it, such as taxis, pizza joints, etc., would utilize. To my knowledge, the City has never dealt with signs on cars, even though by definition, they are signs. We will again request the City Attorney to give direction before we send a letter to the owner. Travelway between Foto-Quick and the Uptown There is not a dedicated right-of-way or public use easement between these two businesses for which the City has any authority. This would appear to be a situation the businesses should work out for themselves, as they (or one of them) has created a travelway. These items are part of a long list of similar issues that we are trying to deal with now that our Building Inspector position has been filled. For the past 10 months, these types of enforcement items have not held a high priority unless they became a problem. We will be notifying people in violation of the KMC and forwarding non-compliance situations to the City Attorney for assistance when necessary. Loretta will keep records of these items and make reports to P&Z. 7' ',—'ei, 13 J_L 1791-1991 CITY OF KENAI %ail G'dlailil 4 4" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 293 - 7535 FAX 907.283.3014 April 26, 1993 Paul and Sandra Vozar 1001 Mission, #19 Kenai, AK 99611 Subject: Beluga Lookout RV Park Dear Mr. & Mrs. Vozar: I have completed my review of the referenced project and have the following comments: Sewer System (0-' 1. Patch and repair the main line, tie-in area within the City right-of-way. 2. The City has a very important drainage inlet to an outfall through the bluff located at the northerly property boundary of Tract A, Kenai Municipal Reserve, Sub. No. I. If needed, city crews will work with you to ensure proper drainage into this structure. Water System 1. The water meter vault shall be readily accessible and a remote readout installed in a location where it is accessible and protected. 2. As with the sewer, the main line tie area within the street will be repaired. General Notes 1. Plans must be approved by ADEC prior to construction. 2. A City Excavation Permit will be required prior to work within the right-of-way. 3. The future OFFICE/RESTROOM building will require a separate review and permit. Page 2 Vozar 4/27/93 4. Adequate drainage from the RV park must be provided so as to protect surrounding properties and city streets from runoff. 5. The entrances and exits must be planned for safe and effective passage to and from city streets. If you have any questions, please contact me at 283-7535. Sincerely, � ��4 Ja �La Shot, P.E. City Engineer JL/kv cc: Sam McLane, McLane & Associates From : TOYON VILLA 907-283-4939 �1 rF in) a LIS , ,--,,L"iI L f ( �1 & 4 J DEPT. OF ENVIRONMENTAL CONSERVATION KENAI DISMICT OMCE Mr. Paul Vosar c/o Hctane and Associates P. O. Box 469 Soldotna, Aiiaska 99669 May. 13. 1993 05:03 PM P02 WALTER J. H/CKEL, GOVERNOR 35390 K-Beach Road Suite 11 Red Diamond Center �Soldotna, Alaska 99669 May 11, 1993 Phone: (907)262-5210 Pax: (907) 262-2294 RE: Beluga Point R/V Park, Renai, Alaska Approval to Construct a Approval to Construct Class B Water System Dear Mr. Vosar: This office received plans for the above -referenced project on April 12 and May 7, 1993. The plans are hereby approved for the construction of a Class B water System. Enclosed is a "Construction and Operation Certificate." This certificate aunt be returned to this office once construction is completed. The department will then sign the "Approval to Operate" section, granting approval to operate for the interim period of ninety (90) days. The certificate must again be returned to our office within the ninety (90) day period with the as -built plans. If the as -built plans confirm that the system was constructed as approved, final approval to operate will be granted. The certificate will be signed a third time by the department and returned to you for your records. Please contact as if you have any questions regarding these procedures. Enclosure Sincer ly, S v d X. ohnLP.Environs p•N.IMU (NI socys w PAY►f b v — From : TOYON UILLA 907-283-4939 May.13.1993 05:03 PM P03 STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION CONSTRUCTION AND OPERATION CERTIFICATE for PUBLIC WATER SYSTEMS A. A"ROVAL TO CONSTRUCT Plans for the construction or modification of Class "S" public water system boated In City of Yanai Alaska, submitted In accordance with 18 AAC $0.100 by McLane and Associates have been reviewed and are 301 approved. conditlonall approved (see attached conditions). PUNK- avi E. ohm on TTu Lnviroamental Engineer was If construction ha t farted within two yews of the approval date, this certificate Is void and now plans and specifications must suf MI"od for ravlow and approval before tonstfuctbn. 9. APPROVED CNANOE ORDERS Change vAntr m.tin M. v m mp we Approved by Date C. APPROVAL TO OPERATE The "APPROVAL TO OPERATE" section must be completed and signed by the Department before any water Is made available to the public. The construction of the public water system was completed on (date). The system Is hereby granted Interim approval to operate for 90 days following the completion "to. NY TME DATE As -built plans submitted during the Interim approval period, or an Inspection by the Department, has confirmed the system was constructed according to the approved plans. The system is hereby granted final approval to operate. w TMA DATI Do~ — 1. Ym�L10 - 010o "* lo«�women� M+� al ear Ni DATE: May 17, 1992 TO: Finance FROM: Loretta Harve RE: Conditional Use Permit (CUP) Fee - Bookey Due to an error in interpretation of the code, Bookey does not need a CUP for his RV Park addition. Please refund his $100 fee as soon I as possible. Thanks. Ea. 1791-1991 CITY OF KENAI &'anal 4 4�"�" _ 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 MEMORANDUM TO: Kenai Planning and Zoning Commission FROM: Kim Howard, Administrative Assistant. DATE: December 5, 1990 FOR: December 12, 1990, Meeting RE: Application for Lease Lot 2, Gusty subdivision No. 8 Attached is a copy of a lease application submitted by James C. Bookey III and Phyllis J. Bookey for the referenced property. The appropriate good faith deposit and filing fee have been received. The application is based on a preliminary plat which was approved by the Planning and Zoning Commission on October 10. The final plat will be finalized soon. The purpose of leasing the site is to add space to Mr. Bookey's -^- existing R/V park. The City Manager informed the City Council of this request at the September 5, 1990 Council meeting. A letter from the Kenai Bicentennial Visitors and Convention Bureau supporting the project was distributed to the Council at that meeting. Attached are the minutes regarding this and a copy of the letter from the KBVCC. Also attached is a preliminary site plan. This property is Airport Lands and the appraisal must be reviewed by the Federal Aviation Administration. The City is in the process of obtaining a permanent easement from the Bookey's for Lot 1, Block 3, Townsite of Kenai, U.S. Survey No. 2970 A & B. This lot is shown on the diagram the Bookey's included in their application. The City has used this property for many years for access to the Chamber building. KMC 21.10.030 (5) states the intended use must comply with the zoning ordinance and comprehensive plan of the City. Jack? `La Shot has informed me;:that the conditional ruse permit for the ' R/V'park will need'to be amended'to'include the new ,existing park.1 Does the Planning and Zoning commission recommend approval of this lease application? Mr. Bookey has indicated he will attend the December 12 Planning and Zoning Commission meeting to answer any questions that you might have. /kh cc: Kenai Parks and Recreation Commission James Bookey III MNAI RIVER CROWING 11 W w 1791-1991 CITY OF KENAI %Od G'apdai 4 44"a _ 210 FIDALOO KENAI, ALASKA 99M1 TELEPMONE 283 - 7535 FAX 907-283-3014 June 8, 1993 CERTIFIED: P 880 624 037 Coyle's Landing Sharalyn S. Wright 1412 Barabara Drive Kenai, AK 99611 RE: UNAUTHORIZED SIGN NEAR BRIDGE ACCESS ROAD The referenced sign advertising Coyle's Landing Bed & Breakfast has not been permitted and appears to be in violation of KMC,14.20.220 Signs and Advertising Devices. Attached is a copy of the code with potential violations highlighted. Please apply for a permit and correct any violations within 10 days of the date of this letter or risk penalties as provided in KMC 13.05.010. Also, if the sign is in the right-of- way, it will be removed by the City and disposed of. If you have any questions, please contact me at 283-7535. Sincerely, 2(/ 1tit, Ja hot City Engineer JL/lh encls. cc: Richard Beck, Building Official Cary Graves, City Attorney across the lot adjoining points on eech right-of-way twenty (20) feet fin the racoon of the right-of-way Lim (OnL 9M 14.20MO (a) Geoeerai Rspill III a C (1) Ae;:ptlteit she�il be obts ed goat the •adkW Own da t >s prot►idect a leiY diet 10 'AW&W ttt0ooe+ti0oft with th,.aaitM tliiti tisi%eset 9riiirrt (� �lttrapis abtldlneed 0trtleeaaaeetteeos a[a baihilh:. sign: for that bmi v" 'ftnlbnm to t6 Cade sheen be deed, so ph of the valnati= of buldeg. The fee for fta hot oaf by a bueikft I e ucbt sbaU be as Mom: Hance Ooatpation Signs $ 5.00 Portable Sighs 5.00 Pitt Suns 5.00 inlet Sipes 23.00 All Other Signs 15.00 (3) A p wmit for a commercial sign shall be issued oniy if the up will be located on the p anises adeneds+ed, at on the eomon. prorperty avtdlable for such purposes to aU oocup�tt of a cos t deeti%mureuteot such a: maUs. "Me City Of S stray OWN. or SMYr twatrl agency to erect, inform d= signs as they deem neeomy. (4) PMWN for vioittm of OWsadon shad be as set f th in KMC 14.20.260 e). (3) if stay of the provisions of the Code adopted diet with the Uniform Sign Code adopted by re�noe, the p mvis m of this Code will prevail. (6) S*s shall be , d mini tailitIlIJ11W pigonb, IeN"ei, and true and loept repaired. paunoed, and hoed- M -ftiMftg OMai "die the area of all signs and shall classify all signs. (8) Esrisang sins for which no pestmt was obtained: When the owner of record of a lot or lessee of a lot on which a sip or signs are locood that do not conform to the pcovisdcsaa of this Code ho been nod led dw such sips or signs are noacaofottning�, the shell mdoe th+e rips or signs cxiafo rriag within'ton (10) days from thedoe of such noticat or room .he sigh- (9) All sips except. W0040oOk2y sips shall be designed according to the Uniform Sign Code. (10) Riegel from any of the providoat of tlds sectiaa may be provided by a variance as g�ennder KMC 14.241.180. (11) A pa'viv it tared ender the prbvi>iiciitts of this section shall beoosme nuU and void if rho sipo Alp: son or oter wak ae toc ed by such petit is not cotnmenoed 46-11/13/87 14-38 CITY OF KEiAI within ninety (90) days of the date of iswanoe, or if the sign display or work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the display or watt is commummdt. cb) Probibbea. Sip (1) No si ' ' " be et+mca d at any location wb a by rehaaan of ft;os t on, shape U*0849 oc col* of Such or it ghat ire with, obst = the w w!: of, or be conft Id raa�'pdt' Or V11* *P�. cut daeioe, 14 sha ll be attached to any taft, qp of *pki 40AM or to atagr p*& sign or sight post. (2) No other tha Public mt slh 4 be play d W"WI o< tw =q (20) fat of any intenewon ns tspted frond the ic>a oaf street right• v r line. (3) Mudeg si* or an not peami dd eat pt time and tempexathhte, automatic cbangmi ttsigthsand toai tialiday decorations. Only that put of time and tempo mute and changing munp,signs wbwh contain advertising will be c onsidenO at part of allowable sign area. (4) Audio sa W are >6 X ipexahi 1- - in any zone. (5) The use of profaowe or indecent wads or illustrad= is prohibited. (6) Beaoon signs are: p Wb tai. (7) Bench signs are PtobiMUKL (8) No emaaaiti al equq* xn t or electrical appamms of any idad which causes interference with radio or tdleyision reception shall be used in the openti n, of any O1�in i dW in any dot- f wip - i*- a - CRY per► nay be removed by they C by mild dispawd 8f. (10) S riot motioned in this Code are prohibited. (11) Nd sip, except roof signs, shall be higher than thirty-two (32) feet above the adjacent pound or pavement level. No toot sign shall be highes than eight (8) feet above the roof on which it is placed.. (12) PartWo claauhgeswble letter electric or non-cle ctric signs are not permitted except as provi�3ed for in OAC: 14.20.220(ex3). (13) No off-p ntie ties cow advertising signs, including billboards. are allowed in any zom (c) Sighs Not Requiring a Permit: (1) suit eresecaod on a lot or lots that are fenced or screened so that no part is visible from a pWft right-of-way or anodha lot are, exempt from this Code. (2) sigma may be dwkyed in any zones =cept consarvabon without permit but m nt�compiy with the MgWatioos of this Code. All political signs shall be removed within two (2) weeks after the data of the election that the signs were displayed to Vk0luote. (3) C0111191 P - ash signs: Dating cahsnuction, repair, or alUntion of a structure, temporto signs which denote the architect, exhgiaeee, oonttstetoc, at builder or which demosp the tame of the structure aad its use or oam pang -to -be may be exacted on thh : hitrthdtiOn site. Each sign shall be thirty-two (32) squ m feet or less in size And no Mare` than one such sign shall be permitted for each architect. engineer. l� 46-11/ 13187 14-39 CITY OF KENAI contractor, budder, oar, or deno ft the noose, vas and -ao4n of the snucture. Any of these may be m m nihined on am or more signs but to load sqwn footage of the sign or signs shall not coed that set am above. Ail caaatruaeon shall be removed when tiee.caaamctian is mod. (4) Pdft9' yVajoa"safy Ohba prtbiic (e.g•, "no toftqq MumC 4jVaijMtjW a& so lln�',. IO&OW.0'"Auft mow) raay be locos* tat nernded for ptnbiic mo tlr. ' be wooed by my gover4li'• (S) Ibsen can ups: 00 u trot exaaedlog Am (5) heat sdvexudng the sale. resoi - or, law of ft baiidisg or peeae m m whiolz it is noft aieed. (6) SJWwiddh a bWWbg• M Temparmy mgm of not more then five (3 sgone fart mri be duisployed in any zone except coreserva>oion for one,week hat mast y with other peatianent regulations of ft Code. Sirs adYetdlie s s, sack asNNIM1816• Otnewft • O , a "house," or Ikoo@@W MY be 410rd MM dbandw ad men i *e name, address. =d,,. 'O( I anaGoMkMftqaft 'a & ad UMbe dared. (S) No Peruat is i ;N is W ft r aW dkospe ca a 1 g �boNsd too" or marquee, for teeMi s ao erns o moo orior''c�orpy changes on signs iset in t WW-Coin -IrMM ilan11016 let 1 vand numbers. (9) A fiq or insiSMS Of say melon, oeg 1 of nardons, strove, barroagb, city, religiom civk. fill �il lidaa, oredscadand psion g�,ftp used in COUINOC6010. with a coal ; 0 M 1odron ar as as a*AK63 ag deoice.. (10)1'miitiomai hofidW drrdrrerrtiao� (11) Sigss in the nume of cs r1 oil ses, q I M I of"*40& hismricwl signs. building tLIM sad street mwrmbW. (d) Sigmas P=WAW imft (1) Sigm idmtif I ng home %X mpeeiaoa: One sign pear usre not CUMUng four (4) squaw 'lbbt iA roars. Sock sigh bs.ao+aiarnr >hmi to (I0) fee, to my peoperty line or shall be flat against the building. No Hgbfmg is 11 1 1 11te I (Z %Oft 'hloads*- : �Haillr ft boaft or peemom chingeaift kner signs located on the pyt mixs shall be perrthis for chains, tmtra►iat c aismuo ty curs, and public, cbW*t *k, or insdmtiomi uses. UsIess otber*wimre Pam, is the am, such signs owmi no,axx don ddirty-two squat fleet in uma. Such signs may be used as wall sigma may be used, ae j, i si gos when located a minimum of ten (10) l et flraro Mba:serest lot lilm nay be y illuminated; and acne such sign shall be pad for eech streak from. (3) S%wLIV oftpectiiNot sardreo diksal mars: Owsip,per the not to sacred ddtq-ttwrrr► (32) irrrst iv oars• fW- medti, dws, chrbs, proles:titr r�i atad+Wwr WmAtru ei Smelvdp, Woo I-M - - don face 00) at shall be flrtt spimrt-. (4) SIWIOr -UaneIMfmh is ueegs A bqd normnrr c m ing uses in a reakleoaai zone may have am alga Per propexey, mHOled, and no IWW three tweaty (20) squaw 17. 46-11/13/87 14-40 CITY OF IIAI feet in area. Such signs sW be fatapam the building or shalt be located no closer than ten (10) feet to my propmy lino. (5) Rai eststts signs of more than five squats feet: Real estate signs advertising the sale or lease of two acres or mac, or five or more contiguous lots may be combined ictto cue lips of not tI inm tea thiae"tvro (3a) sequemzfeet. The display of such sign shad,be iisotiesmd tQ a I Wind of two ycmam Prior to the a pkatk a thawi, the aped am nor as extra ion of not than ooe yerer from the Commisstiao. no sign shall be removed upon th*e Cquat oa of the two-yeer, period orextensim.themem A parts dnc subdivision sips , be. �at crime waa subdWisiataa► and may coonin only the name of the subdivision. Such sign shall not exceed dhi=ty-taro (32) square feet. Any iiluareeesoioar OW be by Winnmews. A sips wed in C.ammeveier AM hwkw oai-Zones, (1) AR sipss pereesmed by this Codee. Provided that the square footage of all signs other *= vaL mwone-40d Mot,siyea stbssag not excead a total of 81 square feet per busioe m tbeae IS LMM tMsm oftlefsbeaUM oaa a per, a combine sign for aIL be imMIM an dW pINIM et siW aft exmd 154 squac lass. (2) Sips ' nee snout above. (3) 1 l usat o(poeradole ale letter electric or non-elocnric 4M. The permit shad be valid for display of such signs for a continuous V dud of fro Vim' *0 semen (') d LyL An ap;Wmt shalt to limited to two I duft my, t0miWoMock, period- Such sigats died comply with all requirements of the lea. (4) Fence signs shall be nuanced in a plane parallel to the fence or wall and shall not amod obove tithe top of the team or wall. (5) Sips may not pMea b *vW the property lie. (6) Peunasmt signs shall not exceed eight (8) square feet for each pramcmant nor sixteen (16) squ m fat total per lot» ('A Roo OWS MM UMW fhamaE &C t..% square feeet shall conform to all of the requirements of this Cade. (f) Sigo$ Peaesgeted itt the Cosmsaeac an M Zoos` No sign shalt be permitted in a conservation zone MWIP OW eaeerted by the Oily of KeenaL (8) Specifia, Deasidoas Fig to sips: (1) AUMM is My far-P� or noon-proSt enterprise, or organization, or any individual ame soft as behalf of soft aaa eat g1tisse or organization. (2) Agmajin is a sign that emits a noise or souse, either spoken words, music, or singins. (3) ins a lighst with one or mom begins capable of being directed in any ditaoo�e-1W of Q&V*k of being rw olved. (4) AMkAKe any on or atsaehed to a seat, chair, or bench, any of which are vismble to the paift. (si p is a sign incotpoorating nay combination of the features Of pole, phi. am loci • 46-11/13197 14-41 CITY OF KEYAI (6) Q jdLjj= is the line at the face of the curb nearest to the street or roadway. In the absetaee of a curb, the chub line sWR be COMMidod by the City Engineer. (7) ��pj;��;, is the area made avulable by the up structure for the Ftu' of dim ape "wMi"g memo (8) tl is aiy sips Haag dlecasi al want& but dues not include signs inumimmd by m Wrterioc light sontae. (9) a= ig is, a sap dis *IW upon f+aaces or upon walls that are tmx an �� Ian't of a $ or walls thatt M used as ho"L (10) EbLjftis asip which is nppmnPP1vAx*byabWkMgorpudyby poles and patdy by a bonding. (il) Ma t is a saga wbtch is = portted by one or mare uprights. pules, or braces in or upon the pound other than a eambiaetieoa sip, fin sips, or pole sign as defined by this +Code. (12) tom,. �,�.yn& is a lute by ocft=aa beyond which a building to bWit. A WW seebeck line sash► to a pen oty Mae. (13) a pe:rta>acet waaitsaemoof 1xim awned to and supported by a bueid ! p f= the gait of tbe� . (14) . is a sips plea incaod of ilasefdale matetial. such as cloth, which morass u bong subjected to I by the wind. (15) AVA$M,is a sign wholly v poftd by a sings structaxre in the pound. (16) BMW n is a sign praiteooth , a candAft far polritial office, promoting nay polhiaj portion, opinim or promotipg any posh m on a ballot proposition. (17) PanW)le disw surface is a display surface temporarily fined to a standardind advertising str == which is regularly mead from sttttaaue to structure at periodic intervals. (18)ja is a sign other than a temporary sign thus is not attached to any building or stnx==. It may readily be moved hones one location to another. It is dengaw to rest on the ground when displayed and may be wide or witboor, its own wheels. It may or may not be lighted. (19) ;,,sigI3 is a sign other than a wall sign, which projects form and is supported by a wail of a building or structure. ( $gg jgg�ga is a sign advertising the We. lease or rent of one or more Ica or ig I or tea improvaimts them by a real estate company or individual licensed by the Shaw of Alaska. (21) Roof siagnis a sign erected upon or above a roof or puapa of a building or structure. (22) SIM mesas any words, leWrs, pasts of letters. figures, numeaais, phrases, sentences. embiems, devices, trade names. or trade mar'.,: by which aayddag, is made known, such as are used to a isiptate an individual, a firth. an anocia tion, a corporation, a p�tofels on, a bus -.new or a commodity or product which are visible from any public want or highway and used to atu m anendon. 46-11/13/97 14-42 Cr Y OF Si NM (23) Sj ga ema= is a structure which supports or is capable of suppbrbag any Stan as defined in this Code. .k sign strocwto may be a single Pole or Polet and may or may not be an integral part of a building. (24) T si:n is any sign, baser, pennant. valance, or adverdsing dispiav constructed of cloth. canvas. light fabric. cardboard. wall board, or voter, H of materials, with or with=4t'' I I dead to be displayed for a limued period of time only. (25) w&,,ygn is any sign attached to. painted on. or erected against the wall of a building or structure. with the exposed fi m of the sign in a piano puzilel to the Mane of the said wall. (Ords. 961. 1052) 14.20.221 BoMddo In addition to the pwtides by XWC 14.20.260, signs in v ioiation of this chq= shall be subject to forfeiture. (Ord. 961) 14.20.230 „Q� (a) Intent. It is the intl.n' t of this chapter to permit some occupations which are apale with other permitted uses and with tM residential :iarac= of a neighbathoa and which are clearly secondary or ill to the residential use or the maul building. In general. a hates: oocapmin is an accessory use so located and conducted that the average n igltbM under normal, vMouid not be awaris of its existence other than for a sign as permitted in this chapter. Home are permitted accessory uses in residential zones only so long as all the development nequiremmtts listed in this section are observed. (b) Uses Pertaitted. Subject to the development requireameats of this section, home occupations include, but are not limited to, the following uses: (1) Art steno. (2) Day care of no more than eight children under the age 12, including children related to the caregiver. (3) Dressmaking. (4) MiI. (5) Bear parlor. (6) Tutoring and musical instruction. (c) Uses Prohibited. (1) Commercial auto and boat repair. (2) Commercial kennels or similar uses. (3) Coevalsment homes for the care of more than two patients. (4) Mortuaries. (5) P rivaso schools with organized classes. (6) Reti estate office. (7) Restaurants. (d) Deve* t m Requirements. (1) Not mare than one person outside the family shall be emploved in the home occupation. (2) No more than thing (30%) percent of the gross floor area of all buildings 46-11/ 13/87 14.43 CITY OF KENAI MEMORANDUM DATE: Juno 11, 1993 TO: Keith Rornelis, Public Works Director /19 FROM: Jack La Shot, City Engineer RE: BEER SIGN - RAINBOW BAR The Code does not specifically address signs within the TSH Zone, either in KMC 14.20.105 Tgwnsite Historic (TSH) Zoning District or KMC 14.20.220 Sig and ,advertising Devices. Even in "Commercial and Industrial Zones, "wall" signs are not limited by square footage as the freestanding type signs are. The only problems I can find is under 14.20.200 (6) and (9), which state: (6) Signs shall be erected and maintained plumb, level, and true, and kept repaired, painted and maintained. (9) All signs except temporary signs shall be designed according to the Uniform Sign Code. I haven't been able to locate a permit for the sign either, therefore we could write the owners and give them 10 days to come into compliance with the KMC for the above mentioned items. 7 APPLICATION FOP :ONTRACT PAYMENT NO: !2 PAGE 1 OF D 12 PRO?ECT: KENAI STATE COURT HOUSE KENAI ALASKA ,WNER: CITY OF KENAI le, W- /2 210 FIDALGO $7. IENAI. AK. 99611 - ------- JUN 1993 FROM CONTRACTOR: G 6 S CONSTRUCTION BOX 1493 �ro I?m Cif-4 i;nT1aj 21 6 i!o lg3 SOLDOTNA. AK, 99 P11h'ic r:urks Dept ARCHITECT: VCOOL CARLSON GREEN Pin/ -- PN/• APPROVED BY COUNCI! DATE CITY CLERK 'ERIOD FF.OM:4-26-03 `/ ADJUSTED CONTRACT AMOUNT TO DATE FAY REQUEST FOR CITY USE IGINAL CONTRACT ACOUNT $4704000.00 `/ T CHANGE BY CHANGE ORDERS SQ6073.00 31A_ k'/ 7 3. NEW CONTRACT AMOUNT 55130073.00 pro 9 T I - - --- --- - - - -- ---- --- - - --- - --------- -- - WORK COMPLETE" a. TOTAL COMPLETED AND STORED 13672953.76 6 7. 9 S-N 5. LESS RETAINAGE OF JQ PERCENT 1367295. 3E 3 b 7�� 9 s- 5. TOTAL EARNED LESS RETAINAGE 13305658.3; 3 3 o s' L, (' 9 '. LESS AMOUNT OF PREVIOUS AMOUNTS i2A31333.00 3. BALANCE DUE THIS -PAYMENT 1474325.3! )ISTRIBUTION OF EXECUTED PAY ESTIMATE OWNEF ARCHITECT/ENGINEEF CONTRACTOF ALASKA COURT SYSTEM CONTRACT PAYMENT N0: 12 PAGE 2 OF 5 PROJECT : KENAI COURT HOUSE KENAI ALASKA"''' 1 2 CERTIFICATION BY CONTRACTOR ACCORDING TO THE BEST OF MY KNOWLEDGE AND BELIEF. I CERTIFY THAT ALL ITEMS AND AMOUNTS SHOWN ON THE FACE OF THI? APPLICATION FOR CONTRACT PAYMENT ARE CORRECT: THAT ALL WORK HAS BEEN PERFORMED ANNOR MATERIAL SUFFL IED IN FULL ACCORDANCE WITH THE REQUIREMENTS OF THE REFERENCED CONTRACT DOCUMENTS. AND/OR DULY AUTHORIZED DEVIATIONS. 3UBSTITUTIONS. ALTERATIONS. AND/OR ADDITIONS THAT THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE CONTRACT ACCOUNT UP TO AND INCLUDING THE LAST DAY OF THE PERIOD COVERED BY THIS CONTRACT PAYMENT. THAT NO PART OF THE BALANCE DUE THIS PAYMENT HAS BEEN RECEIVED. AND THAT THE UNDERSIGNED AND HIS SUBCONTRACTORS HAVE COMPLIED WITH ALL THE LABOR PROVISIOINS OF SAID CONTRACT. BY CONTRACTOF SIGNATURE OF AUTHORIZED REF. S - 7x- - 19' 3 TITLE 'Q%g -v� STATE OF: COUNTY OF: SUBSCRIBED ANAEXPI TO BEFORE ME THIS DAY 193 NOTARY PUBLICi_k ^AC u MY COMMISSIONS: q-St • ' ,� CERTIFICATION BY ARCHITECT OR. ENGINEER I CERTIFY THAT 1 HAVE CHECKED AND VERIFIED THE ABOVE AND FOREGOING CONTRACT PAYMENT: THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF IT IS A TRUE AND CORRECT STATEMENT OF WORK PERFORMED AND/OR MATERIAL SUPPLIED BY THE CONTRACTOR: THAT ALL WORK AND/OR MATERIAL INCLUDED IN THIS PAYMENT HAS BEEN INSPECTED BY ME AND/OR BY MY DULY AUTHORIZED REPRESENTATIVE AND THAT IT HAS BEEN PERFORMED AND/OR SUPPLIED IN FIR./ ACCORDANCE WITH REQUIREMENTS OF THE REFERENCED CONTRACT DOCUMENTS: AND THAT PAYMENT CLAIMED AND REQUESTED BY THE CONTRACTOR IS CORRECTLY COMPUTES ON THE BASIS OF WORK PERFORMED AND/OR MATERIAL SUPPLIED 10 DATE. AMOUNT CERTIFIED AS DUE: i 2 :IGNED4DATE v - �r �� ARCHITECT OR ENA ER STATE OF: ��S 4!t COUNTY OF: SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF "L-i 19D NOTARY PUBLIC: ,- 4 lei T� Cc�J MY COMMISSION EXKIRES: 4-.�ci - r7 OTHER APPROVAL: ALASKA COURT SYSTEM SIGNED DATE: OWNER APPROVAL BASED ON THE ABOVE CERTIFICATION OF THE CONTRACTOR AND ARCHITECT OR ENGINEER. THE CITY OF KENAI WITH THE KENAI CITY COUNCIL CONCURRENCE. AUTHORIZE PAYMENT. SIGNED DATE 47 or 1FPLICATION FOR PAYMENT AIA DOCUMENT 'RO?ECT: AFFLICATION NO. TO OWNEF: KENAI COURT HOUSE PERIOD TO: CITY OF KENAI FIDALC•0 ST. 'FO?ECT NO, .,I. AK. 99611 :ONTRACT DATE: '-24-02 CONTRACTOF: ARCHITEC?: G h S CONSTRUCTION CONTRACT FOR: KENAI AK. STATE COURT HOUSE CONTRACTORS APPLICATION FOP PAYMENT Application is made for payment. as shown below. in connection with the Contract. Contin ation Sheet. AIA Document 6703. is attached. CHANGE ORDEF SUMMARY --- ------------------------------ -------- ------------------------------------ ORIGINAL CONTRACT 14704000.00 CHANGE ORDERS APPROVED IN PREVIOUS MONTHS BY OWNER _. Vet :h&w by Change Order 1426073.00 APPROVED THIS MONTH ?. CONTRACT SUM TO DATE: 15130073.00 NUMBEF DATE APPROVED C.O. t1 1249.9Q2 ;, TOTAL COMPLETED AND STORED TO DATE: 13672953.76 C.O. f2 1126,096 C.O. 13 18317.00 Not yet approved RETAINAGE: 1367295.38 C.O. I4 1207.E40.00 Not Yet approved C.O. 05 112.995.00 C.O. 06 135,000,0f C.O. M7 C.O. 4E ---- --------------- -------------------------- ---------------- �. TOTAL EARNED LESS RETAINAGE 13M%58.38 APPROVED 1426.073.00 ------------------------------------------------------------------------------ 'FSS PREVIOUS PAYMENTS: 12831333.00 NET CHANCE BY CHANGE ORDERS 1426073.00 ------------------------------------------------------------------------------ CURRENT PAYMENT DUE: $474325.38 The undersigned Contractor certifies that to the best of the Contractor's knowledge. information and belief the Work covered by this Apolication for oaument has been 0 BALANCE TO FINISH. PLUS RETAINAGE: 11324411.621 completed in accordance with the Contract Documents. that all amounts have been oaid by the Contractor for Work for which orevious Certificates for oayment were issued and payments received from the Owner. and that current payment shown herein is now due. CONTRACTOR: s R G k S CONSTRUCTION R. DANIEL GREEN BY: �.`�/ DATE: --�3 Amount Certifie'or 32-5. 3 g ���----=__--•---_-__ Architect: BY: A Ad-� DATE: le This certificate is not negotiable. The AMOUNT CERFIFIED is payable only to the Contractor named herein. Issuance, payment and accootance of oayment are without prejudice to any rights of the Owner or Contractor under this Contract. Of 19' EX, HB 275: Salmon Marketing and Enhancement Taxes. Intended to raise salmon demand by increasing sales in the Lower 48, this bill levies a 1 percent tax on harvest sales by limited entry permit and interim use permit salmon fisheries. It is expected to raise about $4 million in the coming year, depending on the price of fish. The bill also gives harvesters equal representation on the ASMI board, increasing their numbers to 12 seats, the same number held by processors. The board will also include one public member not associated with the seafood industry. The bill was passed by the House in late April, then had a difficult time getting through the Senate. It finally passed May 7 on a strict majority/minority vote of 11-9. SB 183: Capital Appropriations. The Cit of Kenai received PY funding for the following projects: State Courthouse $400,000 Boys & Girls Club Van 20,000 Hospice Equipment 5,000 Community Care Center Parking Lot improvements 10,000 Library Acquisitions 5,000 Two emergency medical services life pack defibrillators 20,000 Women's Resource & Crisis Center equipment & parking lot renovation 11,000 The state also provided $1,350,000 as part of the 50% municipal matching grant program for Thompson Park water and sewer system construction. An additional $750,000 was provided for this project from the district's discretionary capital funds. For much of the session, a proposal promoted by Speaker Ramona Barnes would have closed down the Wildwood Correctional Facility. I spent a considerable amount of time working with Speaker Barnes and her staff to work out a viable compromise to keep the facility open. A deal was ultimately struck that involved several unrelated issues to insure that the facility was funded. 17 WALTER J. HICKEL GOVERNOR The Honorable John J Mayor of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: STATE OF ALAt5KA OFFICE OF THE GOVERNOR JUMEAII Williams May 27, 1993 I ��N `cr ,�. �93 P. 0. eox i Q —� Juneau, Alaska c (907) 465-. Thank you for your comments regarding a reapportionment plan for south Anchorage and the Kenai Peninsula. 1 carefully considered the many suggestions / received in arriving at a decision on a final reapportionment plan. The overwhelming majority of responses from the Kenai Peninsula were in opposition to the plan proposed by my Advisory Reapportionment Board. I received close to 200 letters and phone calls opposing the plan for this area and fewer than 50 in support of it. In addition, the cities of Kenai, Soldotna, Seward, and the Kenai Peninsula Borough were opposed to the changes. For this reason, l have decided to continue with the interim reapportionment plan which is identical to my original Senate districts for the Kenai Peninsula and south Anchorage. My advisory board did an excellent job, but l believe absent a real need to make more changes, it is time to put reapportionment behind us. Thank you again for your many responses and suggestions on a reapportionment plan that is most fair to the residents of this region of the state. With best regards. Sincerely, Walter . Hickel Governor V D" YOUR CHAMBER TODAI / Newsletter of The Gmater Solbbtna Chamber of Conxno-W ............. Volume 6 Issas 6.............. June 1993 N ATROW AIR CHUCK WMOOWu ist-isssa 'IP S ! r • �s�����a ' LEarint;. �. ■M1 .f h +!a, '+>� o- R:, •¢�> �• � � `'pro- ` T •'yy ' �fh �'+• � �h . 1` ALYESKiA R i s LAURA' s *ARK LYLE SAL f' a. CRlpalC�eD•• r RWP*RK, . FIN42 "A > •� 5 j5 woo , SS. i' •hti� ^t a7{ Jt✓` ,��, F'er.•#�# :{ 's7. .. DEANA•. Spada! rppiraflK%p : rrorwtA�: ea.ii�i�*'Ash' s .; o C �} : •.. 4 r •a:a. je t IT'S YOUR CHAMBER MAKE THE MOST -OF IT A Chamber of Commerce, like any other organization, is a representation of its members. Being a member organization, a Chamber is only as strong and effective as its members want it to be. All members are important to the organization, and participation is the backbone and key to success. How, you might ask, can you as a member become involved? Tip #1 - Attend weekly luncheon programs. There is no obligation to purchase a meal (if you can resist the delicious food being served!), but your attendance helps to support this function, guest speakers do feel more important and at ease when addressing a "full house", you have the opportunity to interact with other business people, and you might find out about something you didn't know or should be aware of. Tip #2 - Join a committee. The Chamber has many standing and special event committees. Our committees work hard to make the Chamber what it is. They allow you (or your employees) the chance to network and develop new skills, provide the Chamber with valuable talents it needs, and gets you involved in activities outside of everyday work (which can be helpful in reducing stress and burnout!). Tip #3 - Host a Business After Hours. We would like to regularly schedule these programs quarterly throughout the year. You provide the location, refreshments and entertainment (optional), we provide the Newsletter insert to promote the event and members to attend. Show off your business, products and services and have a great opportunity to meet others, share ideas and just have fun. Con't... Continued from page r... Tip #4 - Send us your newsworthy information. Everyone wants to share in your good news, but we can't tell others if you don't all us. Submit information about special recognition or honors you have received, new services, an open house, etc. Or provide an insert flyer for the Newsletter. This is an easy and effective way to let the community know about you and your business. Tip #5 - Sponsor an event. Most Chamber events rely on support by businesses. Sponsorship can come in many forms SIA as mb netary conrtributions, prize donations, discounted or free of chap supplies, covering the cost of advertising an event, etc. It's a great way to obtain publicity and help the Chamber at the same time! �r THUMB'S UP ao The annual Spring Clean Up held last month was another successful project. Much thanks is due to each and every resident who took the time to help pick up roadside litter and make our community more attractive. Special appreciation also goes to this year's chairman - Mavis Blazy, who once again took the lead to assure everything ran smoothly. We would like to acknowledge those businesses and organizations who supported and sponsored the 1993 Clean Up Days: Peninsula Sanitation, for providing the trucks, drivers and $500 1st Place Group Prize; Lynden Trans for bringing the boxes of yellow bags down � Anchorage at no cost; Peninsula Center Mall, for providing a location to hand out bags; the Soldoma Senior Citizens, for handing out bags all week long at the Mall; Soldotna Lions Club and VFW Post #10046 for donating bicycles for the random drawings. Thank you all for your participation and involvement in this event! You may have noticed that the banners are up on the street poles throughout town. Kudos to the City of Soldotna for taking over the jab of hanging and securing the banners this year. A big thank you to Betty Obendorf, for mending those banners which were torn from last year's high winds. Your contributions are very much appreciated! MISS ALASKA TO HOLD BBQ The Board of Directors for the Miss Alaska Schohnbip Fund cordially invite you to attend their annual Dignitaries Barbecue on Saturday, June 12th from 12:00 noon until 2:00 p.m. at the Visitor Center in Soldoma. Be sure to purchase your tickets for the pageant, slated for 7:00 p.m. that same evening at the KCHS Auditorium. There will be several beautiful contestants and great entertainment. For more information contact Mavis at 2624591. PATTERSON NAMED EMPLOYEE OF THE MONTH Kay Patterson, administrative assistant for the Kenai Peninsula United Way, was chosen the Soldoma Chamber May Employee of the Month. Bob Rubadeau, the organization's executive director, presented her certificate of award at a recent luncheon and noted that Kay is a very motivated and dedicated worker. She is able to take difficult tasks, break down the strategies for success and follow through. Bob also stated that she is a real pleasure to work with. Congratulations, Kay! BEAR PAW FESTIVAL TO BE HELD The Chugiakc agle River Chamber of Commerce is sponsoring the eighth annual Bear Paw Festival July 8th - 11th. The 19993 theme is "Bear With Me in '93" and the Festival will feature many events including an arts 8t crafts fair, open air entertainment, community grand parade on Saturday, July 10 at 1:00 a.m., Classic Car Show and much more. For more information call the Chugiak-Eagle River Chamber at 694-4702. SOME COMPLIMENTARY FEEDBACK A word of praise and encouragement: Having recently diversified, eaabatiang on a new venture, I'm glad I chose to join the Soldoma Chamber of Commerce. I would like to thank the Chamber for it's help and encouragement in inm)ducin* my new company to the Peninsula. I strongly recommend to any new business out there that is looking for an avenue of exposure, to become a member. I've had an enormous reply from prospective customers, all due to the Chambees newsletter. Once again, thank you - Sincerely, Barbara Kang&%Midnight Sun Video Brochures Editor's note: Thank you Barbara, we are happy to be of assistance. PERSONNEL PRACTICES What you can do, what you can't do, and how to fed the difference. WEDNESDAY, JUNE 9, 1993 KENAI MERIT INN Co-sponsors: Alaska Employment Service Kenai Peninsula Borough Economic Development District For additional information and registration, call: 283-3335 Cost: $10 NELSON APPOINTED TO BOARD Nick Nelson was recently appointed to the Soldoma Chamber Board of Directors, replacing Jay Weimar, who left our area and moved back to Florida. Nick has been a resident of Soldoma for several years, and is known by many for his community service through local organizations, most notably the Soldotna VFW Post # 10046. Nick is now involved in a new venture, Nelson Enterprises, featuring advertising specialties and promotional items. In addition to his appointment, Nick has accepted the position of Co -Chair of the Chamber's Membership Committee. We look forward to having him serve on the Board and his active involvement in our programs. Welcome aboard, Nick! "Okay, hero comes some cars.. . Let's see those smiles!" JUNE CHAMBER LUNCHEON CALENDAR TUESDAY @ NOON, TIDES INN June 01 George Church, DOT, Fred Copeman, Borough Road Maintenance June 08 Senator Suzanne Little June 15 Don Gilman, Kenai Peninsula Borough Mayor June 22 Dave Husk, Site Acquisition Manager, Fred Meyer June 29 Representative Gary Davis GREATER SOLDOTNA CHAMBER OF COMMERCE PO BOX 236 Soldotna, AK 99669 (907) 262.9814 City of KanaUJohn Williams 210 Fidalgo Kenai AK 99611 BULK RATE U.S. Postage PAID Pemrit No 5 Soldotna, AK 99669 1993 BOARD OF DIRECTORS President John Torgerson.................... ,ElectraNk (RadioShack)........... 262-6192 Vice -President Kurt Erikason....................... National Bank of Alaska ............. 262.4435 Secretary/Treasurer Betty Harris ......................... J &B Stor 'N Lok ....................... 262-4771 Past President Ginger Steffy ....................... Kenai Peninsula College .......... 262-5801 Mavis Blaay......................... Blazy's RentalWB & B ............... 262-4591 Joyce Bocksnick.................. Ineumnce Connection.............. 262-2515 Roger Byerly....................... AngWs Lodge S Fish Camp..... 282-1747 Frank Fiala .......................... Lake Clark National Park........... 283-5855 Steve Horn .......................... Steve Hom Company............... 262-1831 Ken Lancpstor Jr .................. A -Point of View Realty.............. 262-7006 Nick Nelftn......................... Nelson Enterprises.................. 262-2798 Mike Sweeney ..................... Sweeney's Clothiing ................. 262-5916 Executive Director Cathy M. Clark ...................... Soldotna Chamber................... 262-9814 Ofte Agt"nt Susan L. Hensler Bookkeeper Loretto M. Lunn 7 1111,3.1 111��4 '8 a NO N N �i j