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HomeMy WebLinkAbout1993-07-21 Council PacketKenai City Council Meeting Packet July 21, 1993 KENAI CITY COUNCIL - REGULAR MEETING JULY 21, 1993 7 s 00 P.M. XXNAI CITY COUNCIL CHAMBER8 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. Bill Dunn/Dave Yragui - Redoubt Industries - Kenai Congregate Housing 2. Barry Thomson - Resource Development Council Membership. C. PUBLIC RZARING8 1. Ordinance No. 1552-93 - Increasing Estimated Revenues and Appropriations by $95,172 in the Capital Project Fund Entitled, "Airport Safety/Security Gates." 2. Ordinance No. 1553-93 - Decreasing Estimated Revenues and Appropriations by $13,975 in Two Senior Citizen Funds. 3. Ordinance No. 1554-93 - Amending KMC 14.20.290 Entitled, "Appeals - Board of Adjustment." 4. Ordinance No. ISSS-93 - Increasing Estimated Revenues and Appropriations by $16,533 in the General Fund as a Result of Receiving Three Library Grants. -1- t 5. Ordinance No. 1556-93 - Amending the Kenai Municipal Code by Enacting 23.40.140 and 23.40.150 and Amending 23.40.130 (Family Leave). 6. Ordinance No. 1557-93 - Increasing Estimated Revenues and Appropriations by $521,627 in the General Fund for Purchase of a Fire Department Aerial Device. 7. Resolution No. 21-56 - Accepting Eight State of Alaska Municipal Grants. 8. Resolution No. 93-57 - Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. 9. Resolution No. 93-58 - Awarding a Contract for the Construction of the 1993 Kenai Municipal Airport - Airport Security Gates Project to Jahrig Electric for the Total Amount of $209,600.16. 10. Resolution No. 93-59 - Requesting the Kenai Peninsula Borough to Register Vehicle -for -Hire Drivers for the Collection of Sales Tax on Their Fares. 11. Resolution No. 93-60 - Transferring $3,578 in the General Fund for a Computer Aided Design System. . ..i • ma or � - . 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. NINOTEB 1. *Regular Meeting of July 7, 1993. 711 -2- C H. HAN BUSIN888 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1558-93 - Amending KMC 22.05.040(c) and (d) to Clarify Lessees' Right to Negotiate the Sale of Their Leased Land, at Not Less Than the Fair Market Value, After Leasing the Land for a Two -Year Period. 4. *Ordinance No. 1559-93 - Increasing Estimated Revenues and Appropriations by $4,050 in the General Fund From the Reserve for Athletic Expenditures. 5. Approval - Dedication Plaque - Kenai Courthouse Project. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCD88ION 1. Citizens (five minutes) 2. Council X. -3- MAYOR'S REPORT JULY 21, 1993 COUNCIL MEETING ADD: D-6, Code Enforcement List/Planning. I-1, Mayor's Report Jerry Hanson letter regarding Tree - Planting Grant. I-6, Public Works Director Report - 7/21/93 J. La Shot memorandum regarding Spur Highway Reconstruction - Urban Section. • . = A . ; i = = • ' I T Mr. John J. Williams, Mayor P.O. Box 459 Kenai, AK 99611 14 July, 1993 Dear Sir, On July 21, I will be giving a short presentation to the Kenai City Council on the pending membership of the City of Kenai in Resource Development Council of Alaska. For your perusal, I am forwarding the notes of my presentation. This forms the basis as to why it is an advantage for the City of Kenai to retain their membership in this organisation. The bottom line is that without economic activity which remits revenue to the state of Alaska there will be continued shrinkage of, money for state programs, ranging from roads and municipal revenue sharing to social programs. Resource Development Co cil has long advocated responsible development of Alask ' resources to maximize economic benefits consistent wit reserving the Alaska way of life. As I write this, Sitka is facing the closure of the Alaska Pulp Corporation mill and the loss of some 400 jobs, and Ketchikan Pulp Corporation is planning an extended shut- down of their plant, both due to a combination of government regulation and a potential $100 million cost for pollution reduction equipment. While uncontrolled economic activity is not advocated, over -regulation in this case is leaving nothing. Your consideration of this investment by the City of Kenai would be appreciated. Yours faithfully �I _� ow"s - Barry Thomson Board member Resource Development Council of Alaska 7 Address to the members of Kenai City Council 21 July, 1993 The City of Kenai, along with Soldotna, Seward and Homer have been members of Resource Development Council of Alaska for several years. This year, membership, along with some other other items in the budget has come up for review. I would ask the members of the council to consider retaining your membership in this group. we rely on the State to support cities and citizens through finances and services. The State itself must generate revenues through taxation, royalties and fees. These revenues come back to municipalities for roads, construction, social programs, schools and revenue sharing. Alaska has several segments to its economy, each of which contributes differing amounts to the state coffers. MANUFACTURING has a small base and is almost entirely within the state. Transportation costs conspire to prevent effective interstate competition. TOURISM has seen an explosive growth in the last decade. Unfortunately most of the Kenai Peninsula tourism trade is from Anchorage visitors. Tour ships in the south- east have little impact on state income. Passenger tickets, food and fuel are all transacted outside the state, and in many cases the boost to local economies consists of essentially trinket sales to passengers. FISHING provides a living for several thousand people throughout Alaska, but the amount contributed to the State in the form of taxes is largely offset by the cost of fisheries management. RESOURCE DEVELOPMENT provides, and has the ability to continue to provide a large continuing cash flow to the State through royalties and taxes. Presently 85% of the State operating revenues comes from resource oriented industries. So, Alaska is primarily a resource state. Alaska has been blessed with a disproportionate amount of Americas' natural resources. We have huge amounts of timber, hundreds of years worth of U.S. coal consumption, and commercial quantities of most minerals. We are a leading producer of oil and gas, and with responsible development Alaskans should continue to prosper in the coming years. Resource Development Council of Alaska is an organization which suppo such responsible development. RDC was formed in 19 and i s' purpose is to encourage a strong, diversified res r e de pment sector in Alaska and to expand the StatVoResource economic base. The goals Development Council include, but are not limited to: Educate and inform the public and policy -makers on resource and economic development issues, Advance legislation and regulations that lead to responsible resource development and economic expansion on state and federal levels, Maintain a stable tax environment to enhance long term resource investment in Alaska's economy, Protect private property holdings in resource assets from seizure by government through regulation or zoning, Encourage development of infrastructure systems to access and transport resources, Encourage international and domestic trade to promote Alaska's resource development. RDC works for all resource sectors, including mining, oil and gas, fisheries, timber, agriculture and tourism. It brings people together to debate issues and formulate long- term policy to help guide Alaska in these areas, as well as in wetlands use, transportation, power development, land -use, wilderness, international trade and economic development. Unfortunately, groups from outside Alaska have capitalized on the fashionable environmental safety trend to push anti -development agendas within the state and to raise large sums of money for their organizations by claiming a need to solve essentially non-existent problems in Alaska. As almost all Alaskan lands are under Federal, State or Native ownership, these special interests can hamper resource development using nuisance legal appeals and pushing the limits of existing laws. RDC has by default been positioned to protect the resource development industries against unfair attacks by these groups. As a leading spokes -person for responsible development within Alaska, RDC is committed to preserving the Alaskan way of life along with having a healthy state economy. Unlike groups such as the Sierra Club who recently mailed out 500,000 fund-raising letters for donations to "Save Alaska's Wilds", RDC relies only on membership fees for operations. The $1,636 membership of the City of Kenai will come back several times over each year if responsible development can bring jobs, people and a stable economic environment to the local area, not to mention the increased state revenues flowing back as services. I hope your council will see fit to support this worthy cause and renew your membership to Resource Development Council. Barry Thomson I� 7. Suggested by: City of Kenai ORDINANCE NO. IS52-93 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $95,172 IN THE CAPITAL PROJECT FUND ENTITLED "AIRPORT SAFETY/SECURITY GATES". WHEREAS, the City of Kenai has received a grant from the Federal Aviation Administration to replace existing safety/security gates; and WHEREAS, because the lowest bid exceeded project estimates, the City has applied for another grant in the amount of $85,068 and has divided the project into two phases; and WHEREAS, the City has further requested a grant increase to the existing grant (phase I) in the amount of $10,104; however, the timing of the grant increase is doubtful, and the City will temporarily finance the proposed increase with City money. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Safety/Security Gates Increase Estimated Revenues: FAA Grants $79,751 State Grant 2,658 Transfer from Airport 12.763 Increase Appropriations: Phase I - Administration $<2,600> Phase I - Engineering <2,376> Phase I - Construction 15.080 10,104 Phase II - Inspection 2,376 Phase II - Construction 82.692 85$952 7 Ordinance No. 1552-93 Page Two Airport Land System Increase Estimated Revenues: Appropriation of fund balance $12`763 Increase Appropriations: M & O - Transfers out $12.,763 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: July 21, 1993 Approved by Finance: c s a (6/24/93) kl e"� Suggested by: Administration City of Kenai ORDINANCE NO. 1553-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $13,975 IN TWO SENIOR CITIZEN FUNDS. WHEREAS, at the time the City budget was approved by Council, the grant awards for the Council on Aging Title III fund and the Kenai Peninsula Borough Senior Citizens fund had not been approved. The City budget reflects the amount that we requested in the grant proposals. Since that time, grant awards have been approved by the State of Alaska, the Kenai Peninsula Borough, and the United Way; and WHEREAS, the Council on Aging Title III fund is $5,297 less than the City budget, and the Kenai Peninsula Borough Senior Citizens fund is $8,678 less than the City budget, after providing $4,188 from Fund Balance; and WHEREAS, these budget shortfalls will cause a reduction in work hours for a driver position, resulting in a loss of medical benefits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases (decreases) be made in the following funds: Council on Aging - Title III Fund Estimated Revenues: State Grant USDA Cash In -Kind Rent Appropriations: Access - Salaries Access - Leave Access - Medicare Access - PERS Access - ESC Access - Workers Comp Access - Health Access - Supplemental Retirement Access - Rentals $ <3,989> <864> <444> < 7> <629> <5> <9> <24> <3> <49> <1,200> <25> <222> <2.166> -^, Ordinance No. 1553-93 Page Two Congregate Meals - Salaries 4,595 Congregate Meals - Medicare 66 Congregate Meals - Social Security 285 Congregate Meals - ESC 23 Congregate Meals - Workers Comp 240 Congregate Meals - Operating Supplies <2,868> Congregate Meals - Rentals <222> 2.119 Home Meals - Salaries <740> Home Meals - Leave <15> Home Meals - Medicare <10> Home Meals - Social Security 71 Home Meals - PERS <74> Home Meals - ESC <3> Home Meals - Workers Comp <86> Home Meals - Health <3,600> Home Meals - Supplemental Retirement <76> Home Meals - Operating Supplies <717> <5.250> I Total <5 97 Kenai Peninsula Borough Senior Citizens Fund Estimated Revenues: Appropriation of Fund Balance $ 4,188 Kenai Peninsula Borough Grant 22 Miscellaneous Donations 1,100 United Way Grant <13.988> <8 67 > Appropriations: Salaries $ <5,744> Medicare <83> Social Security <356> ESC <29> Workers Comp <300> Operating Supplies <1,766> Repair & Maintenance <500> Miscellaneous 100 <8 678> PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR -^, Ordinance No. 1553-93 Page Three ATTEST: Carol L. Freas, City Clerk Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: July 21, 1993 Approved by Finance: c 4 Q (6/25/93) kl Suggested By: CITY OF XENAI ORDINANCE NO. 1554-93 e,5 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.290 ENTITLED, "APPEALS - BOARD OF ADJUSTMENT." WHEREAS, procedures for filing an appeal of the administrative official or the Planning & Zoning Commission require amendment to better define the appeal directions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.290 be amended as follows: 14.20.290 Agooals - Board of Adjustment: (a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within thirty (30) days of the decision. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. (b) Procedure: (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above -mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All meetings of the Board shall be open to the public and the Board shall keep minutes of its proceedings showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be made a public record. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. ATTEST: Carol L. Freas, City Clerk John J. Williams, Mayor Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: August 21, 1993 2-� f^ Suggested by: Administration City of Kenai ORDINANCE NO. 1SSS-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $16,533 IN THE GENERAL FUND AS A RESULT OF RECEIVING THREE LIBRARY GRANTS. WHEREAS, in January, 1993, the City of Kenai received a State of Alaska grant through the Kenai Peninsula Borough for $10,000, and the City has previously appropriated $8,500 of that grant; and WHEREAS, the City has received a $7,000 grant from the State of Alaska for services to Wildwood Correctional Facility; and WHEREAS, the City has received an $8,033 grant from the State of Alaska for library books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State (KPB) Library Grant $ 1,500 State Library Grants 15,033 �16.533 Increase Appropriations: Library - Salaries $ 5,704 Library - ESC 29 Library - Workers Comp. 30 Library - Medicare 83 Library - Social Security 354 Library - Transportation 360 Library - Books 9,973 $16,533 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR ordinance No. 1555-93 Page Two ATTEST: Carol L. Freas, City Clerk Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: July 21, 1993 Approved by Finance: C4 (6/28/93) kl 7 d'J" Suggested by: Adminisuauon CITY OF KENAI ORDINANCE NO. 1556-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE BY ENACTING 23.40.140 AND 23.40.150 AND AMENDING 23.40.130. WHEREAS, the United States Congress has enacted the Family and Medical Leave Act of 1993; and WHEREAS, the State of Alaska has enacted legislation substantially similar to the Family and Medical Leave Act; and WHEREAS, the personnel code of the City of Kenai needs to be brought into conformity with the state and federal requirements; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 23.40.130 is amended and KMC 23.40.140 and 23.40.150 are enacted as follows: 23.140.130 OATERNITY LEAVE: (A) IMMEDIATELY PRECEDING AND FOLLOWING CHILDBIRTH, AN EMPLOYEE IS ENTITLED TO TAKE A TOTAL OF NINE WEEKS LEAVE. THIS LEAVE WILL BE CHARGED FIRST TO ANNUAL LEAVE AND IF THIS IS INSUFFICIENT TO LEAVE WITHOUT PAY FOR THE BALANCE OF THE PERIOD OF NINE WEEKS. (B) UPON APPLICATION AND UNDER EXTENUATING CIRCUMSTANCES, ADDITIONAL LEAVE MAY GRANTED BY THE APPOINTING AUTHORITY. A PHYSICIAN'S CERTIFICATE SHALL BE REQUIRED TO SUPPORT THE ADDITIONAL LEAVE REQUEST. WHERE A MATERNITY LEAVE OF ABSENCE IS TAKEN IN ACCORDANCE WITH THIS SECTION, THE EMPLOYEE SHALL ACCUMULATE SERVICE CREDIT DURING SUCH PAID LEAVE OF ABSENCE.] FAMILY LEAVE: (a) A� lo, ee is a ',ale to take family leave if the employee has been eMWoyed for: (1) at least 35 hours a week for at least six consecutive months immediately preceding the leave: or (2) at least 17.5 hours per week for 12 consecutive months immediately pz&C&g the leave: or (3) at least one yes immediately pmceding the leave during which the em2ja= has worked at least 1.250 hours. The leave My be unpaid leave However, the em IW= must exhaust a1_1 accrued annual leave before uM aid leave is allowed The City shall permit an empjovee to take family leave for a total of 18 work weeks within a 12 month period because of a serious health condition or pregnancy and childbirth. adoption or foster placement The right to take family leave for =gnancy and childbirth. dption or foster placement of a child expires one year after the birth or ,placement of the child An eligible =W= is entitled to take family leave: Mom, *'I FIA, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: August 21, 1993 (6/24/93) C -4 Suggested by: Administrati.r.. City of Kenai ORDINANCE NO. 1557-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $521,627 IN THE GENERAL FUND FOR PURCHASE OF A FIRE DEPARTMENT AERIAL DEVICE. WHEREAS, the City of Kenai desires to purchase a 95' platform aerial device for the'Fire Department; and WHEREAS, funds are available for such purposes in the Equipment Replacement Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Equipment Replacement Reserve $521,627 Increase Appropriations: Fire - Machinery & Equipment $521,627 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: 0?,q (7/1/93) kl July 7, 1993 July 21, 1993 July 21, 1993 CITY OF KENAI FIRE DEPARTMENT a° ®\ 105 SOUTH WILLOW STREET y�4 KENAI, ALASKA 99611 °MENTION (907) 283-7666 A � KENAI TO: Charlie Brown, Acting City Manager X:��941 FROM: David C. Burnett, Fire Chief 1( DATE: June 30, 1993 SUBJECT: AERIAL FIRE APPARATUS BID As you are aware, on June 28, 1993 the bid opening for the Aerial Fire Apparatus was conducted. The Department sent bid specifications to the following manufactures: United Fire Service, Inc. 5648 221st Place S.E. Issaquah, WA 98027 McPherson Supply Company 8222 Portland Avenue Tacoma, WA 98404 Simon -West Coast, Inc. 14670 Randall Avenue Fontana, CA 92355 Sutphen Corporation 7000 Columbus -Marysville Rd. Amlin, OH 43002 Of the above list, the City received one (1) bid from United Fire Service, Inc., which met full specifications without exceptions and is within the budgeted range (80' Aerial - $425,142.00 and 95' Platform - $521,627.00). - I have attached the leasing program for your review. I recommend option number 2 due to early delivery. Either way the City goes (option #1 or option #2) payments will not begin until after July 1, 1995. The lease purchase contract is also attached for the City Attorney's review. I further recommend that we submit a resolution on July 7, 1993 with full recommendation for the 95' Platform. Let me know if you need any further information. attachments 1791- IWI CITY OF KENAI "Od G2apdal 4 44"„ 210 FIDALGO KENAI, ALASKA 911011 TELEPHONE 263-7535 FAX 907.283-3014 TO: Kenai City Council FROM: Charles A. Brown, Finance DirectoreQ? DATE: July 1, 1993 SUBJECT: Fire Department Aerial Attached is an ordinance to purchase a 95' platform aerial device for the Fire Department. By Council action, the aerial was deleted from the administration's FY94 budget. However, Council directed that the City administration obtain bids for an 80' ladder and a 95' platform. The prices bid were $425,142 and $521,627, respectively. The administration is recommending the 95' platform because of greater utility and weight bearing capacity. At the time the City Council directed the administration to bid the aerial, the question of form of payment was left undecided. We were told to investigate a lease purchase form of payment. The City Attorney and I have reviewed the lease purchase agreement. Neither of us feel comfortable with the agreement. At this point, I need to explain the purpose of such lease purchase agreements as they relate to governments. The City cannot incur general obligation debt without a vote of the citizens. A time payment plan is general obligation debt. Over the years, attorneys have devised "nonappropriation clauses" to allow governments to pay for capital purchases over time without legally incurring debt. The obvious purpose is to pay over time without asking for voter approval. These nonappropriation clauses are escape clauses. They essentially say that if the legislative body fails to appropriate money to make the payments, the equipment is returned to the seller and the payment plan is cancelled. Memorandum Kenai City Council July 1, 1993 Page Two Bond attorneys claim that a payment plan, with a valid nonappropriation clause, will not constitute debt. It may look and smell like debt, but it's something else. (The accounting profession has never agreed with this theory. We analyze these agreements using a "substance over form" approach. Regardless of the attorneys' opinions, material lease purchase debt is always booked as general obligation debt in government financial statements.) Cary and I do not feel comfortable with the lease purchase agreement presented by United Fire Service. This is a very technical area, and we both admit we lack expertise in these matters. If we err, we wish to err on the side of conservatism. A mistake will result in a violation of our City charter. For the nonappropriation clause to be valid and meaningful, it should truly provide an escape from future payments. We think the clause in this agreement fails that test, for two reasons: 1) It places an obligation on the City (and thus the Council) to place each year's payment in the budget. The City could never fail to appropriate the funds if it acts according to the contract. 2) Even in the case of nonappropriation (which seems impossible, based on 11, above), the contract requires 90 days notice. The City has barely begun budget work for the next fiscal year by March 31. The 90-day notice makes the nonappropriation clause meaningless. The seller requires an opinion letter from an attorney, certifying that the lease purchase agreement is authorized pursuant to constitutional, statutory, and home rule provisions (charter) and that it qualifies as tax exempt debt. Given the above problems, Cary is not prepared to make those statements. If Council wants to pursue this lease purchase arrangement further, we recommend that you retain bond counsel. Now that I've said all that, I'll restate my previous comments on this matter. A lease purchase arrangement is not financially sound. It will cost an extra $108,078 (payments of $125,941 x 5 = $629,705, less $521,627 cash price.) It doesn't make sense to me to pay 5.94% interest on debt when our latest investments earn about 3.8%. Memorandum Kenai City Council July 1, 1993 Page Three (Ironically, the Council just authorized early payoff on the 1980 general obligation debt because the interest rate on the debt was greater than our interest earnings rate.) If the money is taken from the Equipment Replacement Reserve, the balance will be: Equipment Replacement Reserve, 7-1-93 $ 900,000 FY94 contribution 300,000 FY94 appropriation (grader) <200,000> Fire Aerial <521.627> Balance, 6-30-94 $ 478,373 C-7 r Suggested by: City of Kenai RESOLUTION NO. 93-56 Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING EIGHT STATE OF ALASKA MUNICIPAL GRANTS. WHEREAS, the State of Alaska has offered the City of Kenai eight municipal grants; and WHEREAS, the State requires that the Kenai City Council accept the grants by ordinance or resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City accepts the State of Alaska grants as follows: it Brief Description 9/94-011 Boys & Girls Club Van 8/94-028 Kenai Peninsula Community Care Center Parking Lot Improvements 7/94-036 Women's Resource & Crisis Center Equipment & Parking Lot Renovations 7/94-035 Library Acquisitions 6/94-001 State Courthouse Overruns 5/94-013 Emergency Medical Services Life Pak Defibrillators 4/94-021 Thompson Park Water & Sewer 3/94-007 Hospice Equipment Amount $ 20,000 10,000 11,000 5,000 400,000 20,000 750,000 5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. ATTEST: Carol L. Freas, City Clerk Approved by Finance: C 13(3 (7/12/93) JOHN J. WILLIAMS, MAYOR d'9 Suggested by: Administration City of Kenai RESOLUTION NO. 93-57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING THE AUTHORIZED SIGNATURES FOR WITHDRAWAL FROM DEPOSITORIES OF MUNICIPAL FUNDS. WHEREAS, due to position turnover, it is necessary to authorize additional individuals to sign checks and otherwise withdraw municipal funds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: That for banking purposes, the persons listed hereinafter are authorized as signators on accounts of the City of Kenai and any two of such persons may sign checks and other negotiable instruments for the City of Kenai. Thomas J. Manninen, City Manager Charles A. Brown, Finance Director Sandra Parnell, Accountant Carol L. Freas, City Clerk Robin G. Feltman, Accounting Tech. II Kim Howard, Administrative Assistant Section 2: For purposes of internal control, any check or other negotiable instrument of the City of Kenai must bear two of the signatures identified above. One of the signers must be employed in the Finance Department. However, only one of the two signers may be employed in the Finance Department. Section 3: That all prior resolutions designating and authorizing signators are hereby rescinded. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: g2 (7/14/93) kl Suggested by: Airport Mans CITY OF KENAI RESOLUTION NO. 93-58 c-9 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE 1993 KENAI MUNICIPAL AIRPORT - AIRPORT SBCURITY GATES PROJECT TO JAHRIG ELECTRIC FOR THE TOTAL AMOUNT OF $209,600.16. WHEREAS, the following bids were received on May 13, 1993, for the above referenced project: Jahrig Electric $209,600.16 Consolidated Contracting 222,772.00 Engineers Estimate 205,670.00 WHEREAS, the following is a description of the basic bid: Furnishing and installing electrical security gates. WHEREAS, this resolution and award of the project is contingent upon FAA approval, and WHEREAS, the City of Kenai has received a State grant and two FAA grants to help fund this project, and WHEREAS, the recommendation from Nelson & Associates, the project design engineer, the Public Works Department, and the Airport Manager is to award the contract to Jahrig Electric for the total cost of $209,600.16, and WHEREAS, The City Council has decided that Jahrig Electric's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of the 1993 Kenai Municipal Airport - Airport Security Gates be awarded to Jahrig Electric in the amount of $209,600.16, which includes the basic bid. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Written by Public Works: '-- Approved by Finance: <= 9-lD SUGGESTED BY: Council City of Kenai RESOLUTION NO. 93-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE KENAI PENINSULA BOROUGH TO REGISTER TAXICAB DRIVERS FOR THE COLLECTION OF SALES TAX ON THEIR FARES. WHEREAS, Senate Bill 174 was passed by the Legislature which exempts taxicab companies from providing, among other items, Alaska Workers' Compensation for their drivers if their drivers work on a contractual basis; and, WHEREAS, taxicab companies operating in the City of Kenai have stated they do not collect or remit sales tax on their drivers' fares because their drivers work on a contractual basis; and, WHEREAS, the Kenai Municipal Code identifies drivers who work on a contractual basis as companies who should pay sales tax on fares collected; and, WHEREAS, the Kenai City Council is adamant to have sales tax collected and paid to the Kenai Peninsula Borough on taxi fares; and, WHEREAS, Kenai Peninsula Borough Administration has stated the Kenai Peninsula Borough Code does not permit the individual registration of taxicab drivers for the collection of sales tax. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to urge the Kenai Peninsula Borough to amend the Kenai Peninsula Borough Code to permit the individual registration of taxicab drivers in order that sales tax may be collected on their fares. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. ATTEST: Carol L. Freas, City Clerk T John J. Williams, Mayor Suggested by: Public Works City of Kenai RESOLUTION NO. 93-60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $3,578 IN THE GENERAL FUND FOR A COMPUTER AIDED DESIGN SYSTEM. WHEREAS, the Public Works Department requests funds to purchase a computer aided design system; and WHEREAS, it is believed that this system will save the City money by enabling the City to design certain projects in- house, rather than having to contract for professional services. 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 S 3,578 -1 To: Public Works Administration - Office Supplies $ 3,000 Public Works Administration - Repair & Maintenance Supplies 578 3,578 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: G,?a (7/14/93) kl p—/ COUNCEL ON AGING MEETING July 6, 1993 Kenai Senior Center 11 AM AGENDA Approval of Minutes Old Business 1. Center Store 2. Memorial Plaque 3. Smoldng Policy 4. New Business 1. Budget 2. 3. COUNCIL ON AGING July 6, 1993 - 11:00 a.m. Kenai Senior Center Chairperson Joanna Hollier 1. ROLL CALL Present: Joanna Hollier, Elmer Seay, Pauline Gross, Sam Huddleston, Georgietta Funk, Paul Padilla, Al Pease Also Present: Councilwoman Swarner, Pat Porter, Loretta Harvey Agenda was APPROVED as presented. Huddleston MOVED approval of minutes as presented. Pease SECONDED. Minutes APPROVED as presented. 4. OLD BUSINESS 1. Center Store Pat Porter reported that the cost of the store will be over $1,000 so the Council will need to approve the purchase order. Porter has ordered a book on how to run a Senior Center store. 2. Memorial Plaque Joanna Hollier reported that she was still working on this. The Historical Society has placed a plaque honoring the Petersen's on Arness's building in old Town. She invited Council members to go look at this sign to see if they wanted something similar. 3. Senior Center No Smoking Policy Hollier said she felt that the no smoking policy was working well and that she had heard no complaints. Linda Swarner asked if it appeared that use of the facility has decreased since the policy was in force? Porter said that meals served last month were actually above the meals served for the same time last year, so it does not appear there has been any drop in center attendance. COUNCIL ON AGING July 6, 1993 - Meeting Page 2 S. NEW BUSINESS a. Budget Porter presented a budget work sheet to each member (attached). She said that she had to make a couple of cuts that will affect programs due to a reduction in operating funds. The biggest cuts were from the Older Alaskans Commission (-4,000) and United Way (- 7,000). The City has agreed to pay the utilities and has dropped the mileage rate for the vans from 20 cents a mile to a flat fee, which reduced that budget item from $11,000 to $3,000. Porter said she had reduced the driver's hours from 30 to 20 a week, this will not affect home meal delivery. Present staff will help with transportation needs, which should be minimal. Also the craft director's position has been cut, but an Activity/Volunteer Coordinator has been added, per approval by the Council at an earlier meeting. Porter noted that the budget cuts from the Older Alaskans Commission was not due to an error in the grant. She noted that the application score percentages were 100% in every category. Also under Staff rationale, comments about targeting, and other comments: "Wonderful program, excellent grant application. Shift in funding is only to make south central region funding more equitable." Georgietta Funk thanked Porter for her excellent work on the grants. The 194/195 budget will be cut by an additional $9,000 so Porter suggested that the price of senior meals might be raised to offset this deficit. She also suggested the Council discuss charging for exercise classes to offset the cost of that program. Hollier felt that a $10 per month fee for exercise (line -dancing) would be reasonable. Swarner suggested that this be discussed at the next meeting to get additional comments from the seniors that would be affected by this charge. Hollier said she would talk to the dancers to get there opinion about this and it would be carried over to the next meeting's agenda for further discussion. Porter suggested that the Council appoint two or three people to discuss the possibility of increasing meal prices with the Soldotna I Center. The increase would not be in effect until next year but it would be good if the centers could be consistent with meal prices. COUNCIL ON AGING July 6, 1993 - Meeting Page 3 Hollier volunteered to meet with the Soldotna Center Board to discuss this possible increase. Al Pease and Pauline Gross also offered to serve on this committee. Porter also suggested that the bus rate might be increased. Presently the cost is 25 cents each way, which is the lowest rate in the state. She asked the members to think about this and it would be discussed at the next meeting along with charging exercise fees and increasing the meal price. • -15-11-'! + "i There being no further business Huddleston moved for adjournment at approximately 11:55 a.m. Funk seconded. Meeting was adjourned at that time. Resp ctfully submitted, 0q1 oretta Har ey Transcribing Secretary OLDER ALASKANS COMMISSION SFY 94/95 OPERATING GRANTS STAFF FUNDING RECOMMENDATION NUTRITION, TRANSPORTATION & SUPPORT SERVICES Applicant Kenai Senior Services Project: Nutrition Tra-ts ortation and Support Services Reviewer: B. Knapp NTS SERVICES PROPOSED x Congregate Meals x Information _ Homemaker _ Statewide Media x Home-091iwred Meals Referral/Personal _ Chore _ Volunteer Services x Transportation Advocacy x Shopping _ Preventive Health Services Escort _ Home Repair _ Statewide Legal APPLICATION SCORE PERCENTAGES SUBSTANTIVE REVIEW General Requirements Project Description Cast Proposal Overall Score 100 % 100 % 100 % 100 % 100 % PROJECT RESOURC S FY 93 FUNDING LEVEL (Adjusted by Staff for Errors) STAFF PROPOSED FUNDING AWARD BY OAC NTS Funds $ 138,524 S 138,524 $ $ Local Match 0 9'e Required) 15,392 15,392 To Be.. Daterm:ined USDA 15.325 15,606 in Revised;6adet Program Income: from clients 33,933 34,250 Process not from clients 360 I 750 Other Sources 151 272 158,783 TOTAL s354,806 s 363,305 Staff rationale, comments about targeting, and other comments: Wonderful program, excellent grant application. Shift in funding is only to make south central region funding more equitable. Recommended Special Conditions: 4:l48uU0&U* lyPMPcht OLDER ALASKANS COMMISSION NUTRITION, TRANSPORTATION, AND SUPPORT SERVICES SFY 95 RECOMMENDATIONS BY REGION AND GRANTEE SFY 95 Shins NEW SFY 95 SFY 94 Within SFY 95 III F RECOM Begin Regions BASE SS AWARD TOTAL FEDISTATE FUNDS AVAILABLE , . TOTALS OBLIGATED 5,370,128 1 0 5,370,128 25,600 5,395,728 BALANCE UNDER MOVER) OBLIGATED 0 0 0 0 STATEWIDE Legal Services: Alaska Legal Services Corp 140.120 0 140 120 0 140,120 Statewide Media: Older Persons Action Group 133,837 0 133.837 10,600 144,437 STATEWIDE Total 273,957 0 273,957 10,600 284,557 STATEWIDE Total Available (92) 5.10% of TOTAL STATEWIDE Balance TOTAL FED/STATE FUNDS AVALI ABLE AFTER STA IE W DE 5,096,171 5,096,171 15.000 5,111,171 TOTALS OBLIGATED 5,096,171 0 5,096,171 15,000 5,111,171 BALANCE UNDERCOVER OBLIGATED - 0 0 0 0 ANCHORAGE AnchorAGE Center Inc 68,585 0 68,585 15,000 83,585 Chuaiak Senior Chkons Inc 13 174 10 000 1 174 0 127174 . Salvation Army 958,7161— 10,000 6 0 968,71 ANCHORAGE Total 1,164,475 0 1,164,475 15,000 1,179,475 ANCHORAGE Total Available (92) 22.86% after Statewide ANCHORAGE Balance INTERIOR Alaska Community Services Inc (Fairbanks) 35,307 0 35.307 0 35,307 INTERIOR Total INTERIOR Total Available (94 15.48% after Statewide INTERIOR Balance NORTHWEST NORTHWEST Total . NORTHWEST Total Available (92) 5.96% after Statewide NORTHWEST Balance 788,8871 0 1 788,887' 0 788,887 303,T32 0 303,732 0 303,732 SFY 95 Page 1 of 2 OLDER ALASKANS COMMISSION NUTRITION, TRANSPORTATION, AND SUPPORT SERVICES SFY 95 RECOMMENDATIONS BY REGION AND GRANTEE SFY 95 SOUTHCENTRAL Copper River Native Association SFY 94 Begin 110,462 Shifts Within Regions 8,500 SFY 95 BASE 118,962 NEW SFY 95 III F RECOM $S AWARD 0 118,962 Cordova Community Hospital 70,197 9,000 61 197 0 61,197 H mw i itlzene Inc 127,012 12OM2 0 enai, CI of 130.405 0 1 Mid- eniors Inc p Ninilchk Senior Citizens 19,817 0 19 817 0 19,817 Palmer Senior Citizens Inc 118,384 0 11 3841 0 118.384 Seldovia Village Tribe 22254 7,500 29,7541 0 29,754 Senior Citizens of Kodiak Inc 1 $ S == i0 125,578 Seward SorWor Oftens IncSim 0 "' 0 52,265 Soldotna Area Senior ens Inc 1 p Valdez Senior ClUxons Cantor 0 0 3ZS69 Wasilla Area Seniors Inc 0 119,682 SOUTHCENTRAL Total SOUTHCENTRAL Total Available (92) 19.57% after Statewide SOUTHCENTRAL Balance SOUTHEAST Alaska Community Services Inc Juneau 997,321 37,294 0 01 997,321 37,294 0 997.321 0 37,294 Catholic Community Services 1.101.730 0 1,101,730 0 1,101,730 Metlakatla Indian Community 64,516 0 64,516 0 64,516 Mt View Food Services Inc 31,772 0 31,772 0 31,772 SOUTHEASTTotal SOUTHEAST Total Available (92) 24.24% after Statewide SOUTHEAST Balance SOUTHWEST Ale na Ik, City of 1,235,312 9,197 0 01 1,235,312 9,197 0 1,235,312 0 9,197 Bethel, City of 122,638 10,000 132.638 0 132.638 Bristol Bay Native Association 198,931 10, 1 1 0 1S8,931 Dillingham, City of 134,707 0 134,707 0 134,707 Kus uk School District 29,078 0 29,078 0 29,078 Lower Kuskokwim School District 86105 0 86.105 0 86,105 Unalaska Senior Citizens Inc 25,788 25,788 0 88 SOUTHWEST Total SOUTHWEST Total Available (92) 11.9% after Stateewide SOUTHWEST Balance 606,444 0 606,444 0 606,444 SFY 95 Page 2 of 2 �r CITY OF KENAI KENAI SENIOR SERVICES T • kL _ Older Aaskan Commission 134,535 Kenai Peninsula Borough 48,022 United Way 11,012 U.S.D.A. 15,606 Program Income 37,600 Meals 34,250 rides/other 2,600 Non -Client 750 Title V 17,857 City of Kenai (in -kind) 45,684 Rental 91000 Unemcumbered Balance 41188 Five Year Grant 11200 Senior Connection 41000 Non -Departmental 15,600 Total $3454994 !1 L POSITION HOURS SALARY TOTAL Director 40 53,449 67,164 Administrative Assistant 40 32,122 4Z,7B7 Cook 35 17,636 24-w Kitchen Helper 14 5,744 6,512 Kitchen Helper 18 7,866 9,U14 Driver 20 10,078 1zM Driver/Kitchen Helper V 14 41346 5,034 Outreach Visitor V 14 4,346 41863 Kitchen Helper V 14 4,346 4,927 Program Aide V 14 4,346 4,723 Security Aide 2 878 984 Sub/Cook 769 Sub/Driver 561 Activity/Volunteer Coordinator 14 7,054 7,665 Total- $12 435 , . SUPPLIES Gasoline yrlp • Cost per meal 2.29 27,150 meals Program Income 34,250 U.S.13 A. 15,606 O.A.C. 3,409 Borough 8.132 Non -Client 750 Operating Supplies Office Supplies Printing Repair/Maintenance Supplies Small Tools Total r Q147 SAN 800 600 400 800 $73.615 M_ Travei for training and meetings 1,500 Total $10500 FACIUTY EXPENSE In -Kind Rent 4UN Match 15,341 Surplus 30f343 Communications 2,600 Postage 600 Phone 2,000 Utilities T;600 Janitorial 51500 Total $69f384 MISCELLANEOUS Exercise Insturction Security Aide Other Total Repairs of Equipment Store Set-up Total I 111 1,2W F1"i Personnel 19W Travel 1,9w Supplies 74615 Facility 6w Equipment 0 Repair and Maintenance 3,ZD Miscellaneous 4AW TOTAL $345994 D-3 �^ KWMI HRRBOR COMMISSION July 12, 1993 Kenai City Hall Tommy Thompson, Chairman 1. ROLL CALL: Commissioners present were: Jahrig. Also present were Messrs. Kornelis and Freden from the City of Kenai and Councilman Bookey. Mr. Reynolds and an unidentified female were also present in the audience to answer questions regarding the gangway. The meeting was cancelled due to lack of quorum. Res lectfully bmitted, arlene Reed, Recording Secretary for the City of Kenai 9(Enai Community _fdnaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA M11 REPORT FOR THE MONTH OF JUNE 1993 Circulation Adult Juvenile Easy Books Fiction 2359 1159 2174 Non -Fiction 2107 326 611 Periodicals 104 Kits Puzzles Phonodiscs Cassettes Videos Misc. 24 5 23 109 495 82 Total Printed Materials .. 8840 Total Circulation .. 9578 Additions Docs Adult Juvenile Easy Books AV Gifts 3 27 1 4 23 Purchases 22 2 5 5 Total Additions .. 92 Interlibrary Loans Ordered Received Returned Books 70 42 38 Interlibrary Loans by our Library .. Books 58 Volunteers Number .. 40 Income Total Hours .. 310 Fines and Sale Books 828.60 Lost or Damaged Books 151.45 Xerox 296.50 Donations 47.50 Total Income for June 1993 .. $1,324.05 a-4 9(-enai Community-fdmaiy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued June 1993 Kenai 124 Anchor Point 1 Kasilof 5 Nikiski 15 Ninilchik 1 Seward 2 Soldotna 45 Sterling 2 Other 148 343 Library Patronage .. 9,624 Persons 9;�enal Community _Pdnaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR FISCAL YEAR 1992-1993 Circulation Adult Juvenile Easy Books Fiction 22994 8287 17947 Non -Fiction 26439 2145 5516 Periodicals 1259 Kits Puzzles Phonodiscs Cassettes Videos Misc. 139 146 268 1073 5030 599 Total Printed Materials .. 84587 Total Circulation .. 91842 IT' Additions Docs Adult Juvenile Easy Books AV Gifts 151. 721 125 258 221 Purchases 976 193 265 72 Total Additions .. 2982 Interlibrary Loans Ordered Received Returned Books 724 613 570 Interlibrary Loans by our Library .. Books 743 Volunteers Number .. Average 27 Total Hours .. 3668 plus Kenai Middle School .. 46 Total Hours .. 62 Income Fines and Sale Books 10,799.68 Lost or Damaged Books 2,504.55 Xerox 3,951.,75 IT" Donations 443.02 Total Income for Fiscal Year 1992-1993 .. $17,699.00 _wenai Co►nn2anity-flgtaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued Fiscal Year 1992-1993 Kenai 1058 Anchor Point 3 Clam Gulch 6 Cooper Landing 2 Homer 4 Kasilof 74 Nikiski 207 Ninilchik 14 Seward 3 Soldotna 431 Sterling 24 Other 322 2148 Library Patronage ... 87,331 Persons I m sw r- we N .•u7..ninnr c he r rU Is 9 m r-' b w•1 y .y rl .M N N u -• Z aPl ,se w oQrm f- %D IU N r M r 0 9 }•p M4 w MN n rm ILm m M N Mb" mn p.Mi M J I In mm IU +T•+ 9 +s�eNw 0fi I ,'D ,,+ ,,o 5% .5 r -• q m a r •o Q ; u. - m a .o M r It N M (U OD Ol ,D r+ m + I 0 F- I } LL I L W ISO M p N 'a ni •. B ^• yi @ r ,, Q+ J c mr.»moirim ,. M .. .. ., .. 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N ►- ++ E ni a 4� Z C 0 rt+ Z -..r. W aU 17.* c. E E -.. e W a -+ to aroc jn Z c a n > L .+ Of _ Ta 03 -+ 's. C C > o m s•s u�m c In Co -.0 Z c E LU Z Q Ix N.�. �.. Em J• y rT. fi -+ r- N :U s N ftJ T 0't • t :p M jai y] fU .y fn '" a� L J 3 W xZZ0 W 9W! ix KENAI PLANNING it ZONING COUNISSION July 14, 1993 - 7:00 P.M. City Hall Council Chambers *Amended AG 3. APPROVAL OF MINUTES - June 23, 1993 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Kathy Scott - Cheap Tow 5. PUBLIC HEARINGS a. Res PZ 93-29: Encroachment - Rogalsky - Kiel S/D b. Res PZ 93-30: Sign Variance - Kenai Baptist Church 6. PLANNING a. Res PZ 93-28: Replat - Petersen S/D No. 3 may, b. Res PZ 93-31: Home Occupation - Donahue c. Landscaping/Site Plan Review - Kentucky Fried Chicken d. Res PZ 93-32: Kiel S/D Addition No. 1 7. NEW BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) a. City Council b. Borough Planning C. City Administration s~ r-1 E+ W tT r-+ O► to O •r4 't3 -.a t~ La N 3 'tf tT 4J > 'O 4) O 4 4) N r 0► G) U O W r_ -H 4J __� U cif > U > M •rl to 11 U •rl 4J Q) •r-1 %D r •r4 •,4 O N 4J V a) O 0 10 ,X 44 N O >4 41 ea+►�� op 0 m p >aao V = 41�ro as a m r tm o v o a •ra to 4) b a+ w Z ).l -,i U iJ V x rA•rl 4) N C 4) m dJ r-+ o o ti) N •rl w o $4 ro a r-1 ro r-1 N $4 -H a) ro a) d 4) a) a) k •rl $4 a) o WO roa1 4)3c xVw 9V00fu VO +Ji o •rq ty'> C UN H �.. to $l ro O G) w V V U 4 M Lrt 4'.. Q .E: W O = M $4 .0 A A H h U: M oo I,- N to N 1�'04j N N rl >v N >. 4) 4) 'd 4) r-1 Ar' O O O o O h ^ rN ro v► A ro a) r-1 r-1 UO� UyO UO^ •V •� OIH., CA NA x+N N O d > •• O •• O •• O w r� •` r �N >TN ^ U A •r•l eP r-I •r4 -W •rq v %o V < to 9-4 — N r4 0 r-4 ... h h - - O ;J L1 O cl Ln In 4J t b to 4 w wr o• G a) a) o U v 4J s~ H. Q $4 > (a Ak •r+ 3 to O ro $4 fo CJ+ O+ $4 x _ " a) �o •r•l 4J W ama x° �+ ro OC»-Hr4x �z W NA 14 l0 Xa' .0k � ro (D0 m $4 CO 0941 rowoa mA . s~ N >1 O a cn a) ro 0 r-+ (0M $4 A ro a) O E� 'O a ro o I aJ to x r-+ ro 14 x {J k CO U- r•l CO -ra O r4 $4 a O •r4 d CO -vq r-1 A Aq O ra 0 M Ns a 9 rl ro% as r+ ri N ro N q CI cl r-1 O to 0 r A A oo •r+ •rl O H O ro O V to 0 V r-4 N r V 0.0Ir Q)a ro ro 00r+ o0A O oM o ro :10 o +� U to H a4 H c>~ zq rl Ol a a h N ,•a ✓ a N 14 c� U O Fa A ) � P-4 14 !~ s~ r q O •rl c� RfWU 0 U a�4i � O:Sr.b++ U V -H U G �� � .0 D 9 • U 41 (d O 10 a 1 O H b N CT •C •ri Ux a --� - -- - L / / / _ 1791- INN D-7 CITY OF KENA, "O,til OapdW 4 144t4" " _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 263 - 7535 FAX 907-283.3014 KENAI BEAUTIFICLTION COMITTEE July 13, 1993 *** 1:30 p.m. Council Chambers Chairwoman Loretta Breeden 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES June 8, 1993 4. OLD BUSINESS a. Volunteer Appreciation Party - Jeanene Benedict b. Financial Report - Sharon Williams C. Formulation of Plans for Next Year d. Meetings Closure and Reopening Date 5. NEW BUSINESS a. All -America City Garden Donation 6. REPORTS a. Kenaitze Indian Tribe IRA Plantings b. Adopt -a -Park in Municipal Park Area C. Cooperative Extension Service Sign and Plantings by Annette Saling d. Shrubs Donated by Extension Service e. Boys and Girls Club Plantings 7. PERSONS SCHEDULED TO BE HEARD 8. QUESTIONS AND COMMENTS V�Lllpjlel iVU; KENAI BEAUTIFICATION COMMITTEE July 13, 1993 Page 2 b. Financial Report - Sharon Williams Williams reported that a $100 donation had been received from K-Mart and also a donation for $18.95 was received from Rockford, Illinois for the All America City Garden with the suggestion of a spirea, honeysuckle, or lilac bush to choose from. The total in the account is now $729.95. MOTION AND VOTE: Gerry Sparks MOVED to buy a honeysuckle bush with the donation from Rockford, Illinois. Annette Baling SECONDED. PASSED UNANIMOUSLY. Swarner submitted a bill for topsoil from Peninsula Landscaping used in the Perennial beds. It had been ordered to prepare the beds for planting. Breeden said she felt this money should not come out of the money which had been donated for flowers. MOTION AND VOTE: r,.... Gerry Sparks MOVED to send bill from Peninsula Landscaping back to Parks and ROC for payment. Jeanne Benedict SECONDED. PASSED UNANIMOUSLY. C. Formulation of Plans for Next Year Breeden asked the Commission to start making a list of projects they would like to see started next year. Williams said she would like to see different flowers in the airport triangle. She thought it would be nice to create flowers designed in the shape of the All -America City emblem. Sparks felt a thank you should be sent to Trinity Green House to for the nice job they had done on the flower boxes. d. Meetings Closure and Reopening Date Breeden suggested the group meet in August and then not meet again until January. She reminded the group that an election of officers will take place at the January meeting. She said she hoped that all seven members would serve as Chairman at least once. MOTION AND VOTE: Benedict MOVED that the Committee most in September and than close meetings for October, November, and December (unless needed). Meetings will resume in January. MOTION PASSED UNANIMOUSLY. KENAI BEAUTIFICATION COMMITTEE July 13, 1993 Page 4 d. Shrubs Donated by Extension Service Kathy Wright had come down from Palmer to indicate which plants the city could have. e. Boys and Girls Club Plantings Breeden reported that she and Delilah Langenhuizen helped the children with this project. The Clarion did a nice story on the plantings and listed the names of all the children that participated. 7. 8. QUESTIONS AND COMMENTS Benedict asked if Gerry Sparks had been thanked for the $100 donation she had made to the "Year of Beautification" project before she left for vacation? Also what happened to the money? Sparks said that she had donated the money for Merle Dean Feldman to purchase seed and trays for the project. Sparks offered to check into purchasing some roses from Bobby Jackson for $5.00 per pot to replace dead plants in the airport triangle. Swarner said she had talked to Nina Selby. Nina is home after her surgery and getting along pretty good with a walker. It is still too soon for her to attend meetings. Breeden expressed concern that the Parks & Rec summer hire might clean out the perenniel beds in the Fall. Swarner said she would talk to that department and ask them to leave the perenniel beds for the volunteers to clean and apply mulch over the plants. 9. ADJOURNMENT There being no further business the meeting was adjourned at approximately 3:45 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant 11 17 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 7, 1993 7:00 P.M. XENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Gretchen Graeif - Kenai Headstart Program. C. PUBLIC HEARINGS 1. Ordinance No. 1551-93 - Establishing Section 13.10.060 of the Kenai Municipal Code (Providing Sanitary Facilities for Individuals Camping on Private Property). 2. Resolution No. 93-54 - Transferring $4,000 in the General Fund for the City's Share of Alaska Municipal League Conference Costs. 3. Resolution No. 93-55 - Awarding a Contract for the Architect/Engineering Schematic Design and Design Development Phases on the Project Entitled "Kenai Animal Shelter" to Kluge and Associates for the Not -to - Exceed Amount of $23,500.00. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -1- 10. Approval - Petition to Vacate the Right -of -Way and Utility Easement, Government Lot 12, Section 1, TSN, R11W, S.M. 11. Discussion - Vehicles -for -Hire. 12. Discussion - Fence Between Carr's and Bernie Huss Memorial Park. 13. Discussion - Kenai Spur - Water and Sewer Crossings. I. 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 L. -3- �..., KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 2 They are lacking a building to use to house their program. Graeff added they are applying for a federal grant which funds building renovation. Graeff stated she wanted to inform Council of their existence. Graeff stated she understands the City has no building space available at this time and she will keep in touch with Kim Howard with regard to space availability. Graeff added their program will serve pre-school children aged three to five years old. Williams stated this would be the type of organization which he believes would fit into the Kenai Elementary School if the City purchases it from the Borough and rents it out to non-profit organizations. Williams suggested the health nurses could also be moved into the school as well. Williams added he believed it would be a possibility for the City to seek a grant from the State to place an elevator in the building and for the removal of asbestos, etc. Graeff stated that type of renovation work could fit into the renovation funding which she spoke about. Williams added first the October vote will decide whether bonds will be sold to build a new school. If the vote decides the people want a new school, he will start a committee to discuss this issue more. C-1. Ordinance No. 1551-93 - Establishing Section 13.10.060 of the Kenai Municipal Code (Providing Sanitary Facilities for Individuals Camping on Private Property). MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1551-93 and Councilman Bookey ONCONDED the motion. Public Comment: W.L. Brown, a resident manager for a local recreational vehicle park. Brown stated he believed the ordinance, as written, will send the wrong signal to tourists who come to Kenai. Brown was concerned about the wording regarding "sanitary facilities." Brown stated recreational vehicles' tanks can hold several days of waste before needing to be dumped. Brown added he believed the ordinance needs to recognize recreational vehicles as "self-contained." KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 4 NOTION: Councilwoman Monfor XOVED for adoption of Resolution No. 93-55 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. Williams asked if the total cost of the project will be ascertained with the design schematics. Architect Kluge was in the audience and stated the total cost of the development of the building will be included with that information. VOTE: There were no objections. SO ORDERED. ITEX D: COMISSIONICOID(ITTRE REPORTS D-t. Council on Aging Councilwoman Monfor reported for Councilwoman Swarner. Monfor stated the Council on Aging is presently reconvening the Task Force to compile a memorandum to Council suggesting what additional items could be added to the congregate housing facility. As requested by the City Council, the building committee will report back to the City Council at their first August meeting. Kornelis stated the amount of money left from the project will not be known until the contract is settled by Gaston & Associates. Monfor suggested the building committee could wait until the first September meeting before reporting. Williams agreed. It was also reported the Council reviewed the budget. The Council meals and rides. They will again date. D-2. Airport Commission on Aging, at their last meeting, suggested price increases for discuss the prices at a later Ernst reported the meeting minutes were included in the packet. The next meeting is scheduled for July 8, 1993. KENAI CITY COUNCIL MEETING MINUTES .7 JULY 7, 1993 PAGE 6 D-6. planning 6 zoning Commission Smalley stated he was out of town and did not attend the meeting. Smalley added minutes of the meeting were included in the packet. Smalley reminded Council of a vacancy on the Commission. Williams referred to applicants for the position which were included in the packet. Williams recommended Charlie Pierce. There were no objections from Council. Clerk Freas will send the appropriate appointment letter. D-7. Miscellaneous Commissions and Committees Monfor reported there have been approximately 500 visitors a day at the Visitors Center this summer. Also a dedication program for the eagle display will be given on July 9 at the Visitors Center. ITEM IN: MINUTES E-1. Regular Meeting of June 16. 1993. Approved by consent agenda. F-1. 6/28/93 J.Willians letter to Kenai Peninsula School Board. Approved by consent agenda. � tW 05 I 11I-1411-f Z3 None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 8 H-S. Ordinance No. 1557-93 - Increasing Estimated Revenues and Appropriations by $521,627 in the General Fund for Purchase of a Fire Department Aerial Device. Approved by consent agenda. H-9. Bet Hearing - Board of Adjustment - Appeal of Mary and Jack Keck. MOTION: Councilman Smalley MOVED to set the Board of Adjustment hearing for 7:00 p.m., July 21, 1993. There were no objections. sO ORDERED. H-10. Approval - Petition to Vacate the Right -of -Way and Utility Easement, Government Lot 12, Section 1, TSN, R11W, S.M. MOTION: Councilman Smalley MOVED for approval of the vacation of the right-of-way utility easement, Government Lot 12, Section 1, TSN, R11W, S.M. and Councilman Bookey SECONDED the motion. There was no discussion. VOTE: Williams: Yes Monfor: Yes Smalley: Yes Bookey: Yes Swarner: Absent Measles: Yes McComsey: Yes MOTION PASSED UNANIMOUSLY. H-11. Discussion - Vehicles -for -Hire. Williams stated he requested this item be included on the agenda for discussion. Williams added the issue of the payment of the license fees and who should pay them has been decided. However, Williams stated he wanted to inform Council that he has discussed the matter with the Borough and has learned the Borough will not register cab drivers to collect sales tax. Williams stated the issue of sales tax is not resolved. The Borough is reluctant to expand their code in order to register the drivers. Williams KENAI CITY COUNCIL MEETING MINUTES 'IT DULY 7, 1993 PAGE 10 Monfor asked if Administration has discussed the matter with Carr's. Williams started Carr's is a lessee and does not own the property. Monfor asked if Mr. Norville (owner of the property) has been contacted. Monfor suggested the cost could be split. Williams suggested a block wall could be built. McComsey stated a block wall would deteriorate quicker. Monfor suggested replanting the area with natural habitat. Smalley agreed. Measles stated anything placed -there will be a problem with regard to vandalism, etc. Smalley encouraged discussions with Norville to see if he will work with the city and pay half the cost. H-13. Discussion - Kenai Spur - Water and Sewer Crossings. A memorandum from Kornelis, included in the packet, explained that the State Department of Transportation has requested that design of water and/or sewer mains to cross the Spur Highway be completed and provided to them prior to their scheduled reconstruction work. The City must do the design work and pay for that construction work, but the design would be handled by the State as part of their project. Kornelis' memorandum stated his Department recommended a water and sewer main line crossing at Highbush Lane and Swires Road. They also recommended a main water line crossing at McCollum Drive. Kornelis' memorandum referred to additional information in the packet regarding the possible purchase of AutoCAD software which would enable in-house design of the crossings, as well as other future in-house projects. Kornelis requested direction from Council whether to proceed with the crossings and if the AutoCAD software should be purchased or design of the crossings should be hired out to consultants. Williams suggested more crossings are needed. Kornelis stated the work has already been bid. Measles asked if there is someone on staff that knows how to use the AutoCAD system. Kornelis stated the engineering technician has received training for its use and she will teach La Shot and himself how to use it. Kornelis added purchase of a plotter will not be necessary as the Borough and other consultants already have that equipment and will allow the City to use it. 17 Smalley asked what funds will pay for the cost. Kornelis stated he would have to review the budget. Kornelis stated the purpose �^ KENAI CITY COUNCIL MEETING MINUTES I JULY 7, 1993 PAGE 12 congregate housing project could be reappropriated for the purchase of the fire truck. Total cost of the truck is $525,000. The city's portion would be $157,500. 3. Highway Crossings - Williams believes this should be fully funded with federal highway funds. 4. Parks & Recreation Upgrades and New Construction - Williams suggested restroom facilities and permanent electric power be placed at the picnic area along side the ball fields. This area could then be used for the July 4 booths, etc. The area could also be used by other groups who could have the power turned on by HEA and be billed for its use. Williams also suggested up grade of dugouts and covered stands on three of the ball fields. Williams suggested there are blueprints available from a former design or the design work may be done in-house. Williams also stated the Bernie Huss Trail is in need of repair and maintenance. Williams stated his list of projects' total costs would be $1,475,000. However, the City's portion of cost would be $412,000. This amount includes all on his list except the highway crossings. Williams added it appears there will be more capital money available next year. The Legislature will have additional settlement monies. Williams added he though the Legislature seems to want to spend the settlement monies as they come in. Williams stated he believes the City could receive $1 million. Smalley stated he enjoys softball, but thought $150,000 for upgrades of dugouts, etc. was a lot for the small amount of time the fields are used. Williams stated he is ashamed of the concession stand and would like to have covered stands so that he will not have to sit in the rain to watch the games. Williams stated he would like Council's additions and ideas. Williams added he did not want to start "mega" projects this year. Monfor asked if they would be discussing this list again. Williams stated between now and September 1. Monfor suggested a tent camping park and its amenities should be placed on the list. Smalley added if the municipal park is reopened to camping, upgrades of those restroom facilities will be needed. Monfor suggested an advertisement be placed in the paper asking the citizens for suggestions. b. KMart opening - Williams stated the KMart personnel are concerned about traffic control for the grand opening. Williams KENAI CITY COUNCIL MEETING MINUTES tom' JULY 7, 1993 PAGE 14 1-2. City Manager No report. 1-3. Attorney Graves requested authorization from Council to file an appeal of the HEA decision by Judge Link. Council concurred. 1-4. City Clerk Freas referred to her memorandum included in the packet delineating when ordinances for placement of propositions on the October ballot must be passed. I-5. Finance Director No report. 1� 1-6. Public Works Director No report. 1-7. Airport Manager No report. Williams referred to Brown's memorandum included in the packet regarding the financial troubles of Lloyd's of London and its affect on the City of Kenai. Williams asked Brown if the insurance payment will be made tomorrow to purchase the City's Public Officials and Law Enforcement insurance. Brown stated yes. Williams stated the Council has authorized Administration to proceed with the present broker. The broker will be purchasing coverage from Lloyd's of London. Williams stated the City has some concern in regard to Lloyd's financial problems. McComsey asked where else this type of insurance could be purchased. Graves stated in the AML-JIA discussion before Council, their representative stated they could get it out of London, not Lloyd's however. Graves added Cigna carriers this type of insurance. Measles stated if Lloyd's goes under, there will be many businesses throughout the world that will come to a standstill. Williams stated if that happens, the City will be liable. KENAI CITY COUNCIL MEETING MINUTES f JULY 7, 1993 PAGE 16 and this is the RV park and this is called the Municipal Reserve and there is a drainage ditch right here that all the streets in Kenai are built to drain into this municipal reserve and then the water goes down the municipal reserve into the Inlet. And what I am concerned.about is in 1986 we had a bad rainfall and this is what happened to me at the Toyon Villa. A huge chunk of land ... I lost a huge chunk of land at the Toyon Villa because of this drainage ditch. And, in the article in your ah, little packet here, you'll see this chunk of land and this is Richard Strong standing there just above the chunk of land, and he says in the article on the very next page, "ve watched big chunks of the bluff caving in. It happened pretty fast. Strong explained the area is a natural drainage for Old Town and a lot of water came his way in during the rainy weather. Strong alerted the City of Kenai and plenty of equipment and workers showed up, unplugged the drain and got the water diverted back where it belonged in short order." There's a drainage ditch there that all the roads drain into. What concerns me is I've come to find out that this drainage ditch, the Municipal Reserve, has been sold by the City of Kenai. This particular lot was sold right where the drainage ditch is. Now this piece, this lot, is right, has a fantastic view of the whole Inlet and the Swarners and O'Connells purchased it. Mr. Swarner and Mr. O'Connell purchased it from the City of Kenai for $7,700 which is what it was appraised for. The reason that tract of land, the tract of land two tracts over from it is owned by Hakkinnen and he wants $100,000 for his. The reason that tract of land was sold for $7,700 is that Swarners and O'Connell had to give the City of Kenai an easement 20 feet, or ten feet on both sides. You'll see a copy of the Quit Claim Deed in your packet. You'll see a copy of the Grant of the Easement and they gave an easement on both sides of this drainage ditch so that the City could take care of any kind of drainage problems. Now this land, that was sold, was sold under Title 22 and that's in your packet also. There's a little number at the bottom of your page that says number seven. And, on it, it was explained to me at the City on page 8, if the tract of land, this was land was leased by the way, by the Swarners and O'Connell from 1984, I believe it was until they purchased in November of 192, last I year. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 18 If you'll look back on the lease, which is Page 10, there's a copy of the lease, there is a lease schedule. It says Lease Application and the items are highlighted. It's Page 11. The intent was to put on a Kenai Vision Center. The property to be used is for patient parking and the description of development was supposed to be asphalt on a gravel base. Time schedule for the proposed development is beginning date March 85, proposed completion September 85. 1992, no development had been done. None. So therefore, under the first section, it was told to me that the City was selling the property under, oh what is it, 22.05.040, section (c) there was no development done. The lease, from my understanding from the attorney that I talked to, was an invalid lease. They had not lived up to the lease agreement and then were allowed to purchase the land without making any improvements to it either without having to go to outcry auction. And you will see, there's a page here, up, it's marked number 15 at the bottom and at the top it has recording information, page 0258 or book, page 819. And this is the plan that was with the lease and it states the proposed vision center and the parking and that was what was recorded with the document in 84 that was supposed to be done and it wasn't done. Now I, I'm doing my RV park and I get a letter from Jack La Shot that says and it's page 16, it says, and it's dated April 26, 1993, "Mr. & Mrs. Vozar. 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. 1. If needed, city crews will work with you to ensure proper drainage into this structure." My question to the City is, is this an important drainage ditch or is this not an important drainage ditch. Was it in the, was it responsible for the City to sell this piece of property for seventy-seven hundred dollars and, God knows, everyone of you and everybody in the City would have stood in line to buy that piece of property for seventy-seven hundred dollars just to sit a camper on it every year. This is the point where the Kenai Visitors Center, you go to the Visitors Center and where do they send you, to Beluga Point. Right down there and the City sells the piece of property for seventy-seven hundred dollars. Now, if these people are allowed to put a parking lot on top of this piece of property and they KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 20 building. It could wash out my RV park. It could wash out anything that's there. There's a lot of force of water that comes down those roads. And the sale, the way I read the City Code, is not correct and this sale should not have happened. It's not only, Mrs. Swarner is on the Council and even with that, there should have been a hands on thing that said, hold on a minute. Let's, let's advertise. Let's take it to the Council. Let's get some more input on this. That's all I have to say. WILLIAMS: Thank you very much Mrs. Vozar for bringing this to our attention. Are there any questions from Council? All right. What I'm going to do... SMALLEY: I was, I just was thinking, I didn't believe Mrs. Swarner was on the Council back in 84-85. WILLIAMS: That's probably very true. VOZAR: She was in 92 when this sale took place. WILLIAMS: What I'd like to do is direct this entire matter to the Administration, both the attorney's office and the engineer's. office and ask that they come back to the Council with a report on this. Is that all right with Council. All right. We'll take a look at it and look into it... END OF DISCUSSION. J-2. council Bookey - a. Stated he saw a water truck without a meter getting water from a hydrant and it was not a city vehicle. Kornelis stated he would investigate. b. Requested McGillivray to speak to the summer crew in regard to driving lawnmowers on city streets. C. Stated he had received a telephone call from Councilwoman Swarner. She requested him to ask about the fires used by tent campers on the Dragnet property. Are they allowed. Chief Burnett stated warming fires are allowable. No permit is needed for warming fires. Konfor - a. 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W W = V] d W U z V m H W # U# F Vf 1"'1 �O w O --f F .4 a H U U w O H U d 1 :4 E cx� w* df `�' °, �" m E w w z O o o o c z U c� U w >. o d o x X d fx a a d w u w o o ¢ a H U p� U p J q # u # u u u O u it o # # ri R i*t Z C w i*i * -4a t'b E 6 U U�] cr y O # a U O W cn w 1.3 P4 m U U w qW H ena1 i*t 0 p,t d W H E .4z Ln W cn 1 4 Z E. a F Z W P4 W O+ i*t W U w 04 Z a U U U w E O N Z U H O W -t CM4 U OH4 002 = Wl aW > 0-4 ~ ryt J G j a 07 Cd, Z .r Dj 4: it w :4 z W J - U , U OG vwi ,-ar] a. �"1 H m £ CO E 3 aL -4 N to a i. ? ¢m E. £ p w W 1¢.t 6 V1 O O G U O a 1"+ N in p( # O u E U Z C E x A U I U F-, O a d w i*t w ,*94 f t Z al W m W 6 "'a x W a O W O r 2 O O H a y d z ¢ �• . ># a Z w H F a w U of 3 A 6 W Z H ti F+' d A t-+ -'f A d Suggested by: Administration CITY OF KENAI 0RD210MZ NO. 1538-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.040(c) and (d) TO CLARIFY LESSEES' RIGHT TO NEGOTIATE THE SALE OF THEIR LEASED LAND, AT NOT LESS THAN THE FAIR MARKET VALUE, AFTER LEASING THE LAND FOR A TWO YEAR PERIOD. WHEREAS, Ordinance No. 1134-86 amended KMC 22.050.040(c) by requiring that a lessee of lands must have either leased for a period of two years or completed development in conformity with a development schedule before he has a right to negotiate a purchase at fair market value, and WHEREAS, it appears KMC 22.05.040(d) was not amended to reflect the intent of Ordinance No. 1134-86, and WHEREAS, it is in the best interest of the City of Kenai to clarify the above -mentioned ambiguity. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 22.05.040(c) and (d) be amended as follows: 22.05.040(c) If the tract of land (airport or otherwise) proposed to be sold is leased land (WHERE THE LEASE SETS FORTH A DEVELOPMENT SCHEDULE], the lessee may, at his request, negotiate the sale of said land at not less than the fair market value. The current lessee obtains this right to negotiate a sale only after he has leased the land for the two-year period immediately preceding the sale or the lessee has to the satisfaction of the City Manager, completed development as detailed in the development schedule which has been incorporated into the lease agreement [(THIS CONDITION APPLIES TO AIRPORT LANDS LEASED AFTER JUNE 1, 1986)]. 22.05.040(d) If the tract of land proposed to be sold is not leased land, [OR IS LEASED LAND WITHOUT SUBSTANTIAL IMPROVEMENTS,] then the tract of land may only be sold by outcry auction or by competitive sealed bids. If the tract is to be put up for such competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall also be posed in at least three public places within the City at least 30 days prior to the date of sale, and such other notice may be given by such other means as may be considered advisable by the City Manager. Such notice must contain: (1) the legal description of the land, (2) a brief physical description of the land, (3) the area and general location of the land, 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, AL.ASKA 9"11 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: July 8, 1993 RE: Dennis Swarner/Robert O'Connell Land Sale At the July 7, 1993 City Council meeting, Ms. Sandra Vozar objected to the sale of Tract A, Kenai Municipal Reserve No. 1 to the above referenced lessees. I would like to assure Council this sale was in line with our normal sale policy. However, Ms. Vozar has brought to our attention an inconsistency in the City Code. As a brief history, the City entered into a 99 year lease with the lessees on March 5, 1985. The lease application was approved by the Planning and Zoning Commission on August 8, 1984 and by the City Council on February 2, 1985. The original construction completion date was September 30, 1985. The Planning and Zoning Commission and Council granted three extensions to the construction completion schedule. In March of 1992, I contacted the lessees and told them they were able to purchase the property under KMC 22.05.040 (c). They opted to proceed with the purchase, at fair market value, as specified in the code. A copy of the appraisal is attached for your information. Also attached, is a map of the area and Borough assessed values. Note the subject property is assessed at $6,400 and sold at $7,700. An example of another sale to a lessee who leased property for two years and had not made substantial improvements, is a lot to Walter Craycroft in August, 1990, for the property behind his dealership building. It is the City's policy to tell prospective lessees they may purchase the property after it has been leased for two years. Attached is a copy of Ordinance No. 1134-86. The introductory language in the ordinance clearly indicates the intent of the ordinance to allow leased property, without substantial improvements, to be sold to the lessee. The administration's opinion is the specific language of this ordinance overrides any inconsistency alleged by Ms. Vozar. T r,. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1134-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.040(c) BY REQUIRING THAT A LESSEE OF AIRPORT LANDS MUST HAVE EITHER LEASED FOR A PERIOD OF TWO YEARS OR COMPLETED DEVELOPMENT IN CONFORMITY WITH A DEVELOPMENT SCHEDULE BEFORE HE HAS A RIGHT TO NEGOTIATE A PURCHASE AT FAIR MARKET VALUE. WHEREAS, the Federal Aviation Administration (FAA) is concerned that lessees of Airport Lands may be leasing property with the intention of subsequently purchasing the property by negotiation, and thereby avoiding competitive bidding; and, WHEREAS, the City and FAA have agreed that a two-year waiting period will reduce the number of occurrences of such leases; and, �^ WHEREAS, delaying purchases until development is completed or two I years have passed is in the best financial interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 22.05.040(c) be amended as follows: 22.05.040(c) If the tract of land (airport or otherwise) proposed to be sold is leased land where the lease sets forth a development schedule, [UPON WHICH SUBSTANTIAL IMPROVEMENTS HAVE BEEN MADE,j the lessee may, at his request, negotiate the sale of said land at not less than fair market value. The current lessee obtains this right to negotiate a sale only after he has leased the land for the two-year period immediately preceding the sale or the lessee has to the satisfaction of the City Manager, completed development as detailed in the development schedule which has been incorporated into the lease agreement this condition applies to Airport Lands leased after June 1, 1986). TO 82833014 P.01 Zf 04707106 •0470711S r , OA707108 J,� 8 04707308 ' '"''" 22 / g 0 f:0O 1109r 04707110 1 ' ` \`•OA707 .(l r 2 �''' 1— B 21. ! ' ! 'A7\ •' ,� 4707208 , : oa7arl r ► ,2V %� ` \` a ` ;. � , ,, tMTOT t 26 l. ►,, , �• � � i � t ;_A,, - . ,��.� ., '" "j ` ,; ' fldT071,25 H , + `Qa707205` �% t 047or I 1 z ,�' r 047071 r� ..� o470T20e Is j �=' 04708606 04707120 04708609 ` Za 4 -' 70TI 04708505 b4 � At s TOYON r 408 \`� `, , 2 �0 vT1� oaro9 TR. A r 04708610 470061 7 TR. B 04703612 470930 04709307 '------- KENA1 MUNICIPAL RESERVE NO. I -- - a Apa y E.4` 1 , D, 1+� 0��� D� O4TOld08 O ' � •; 5�,� r 7 ! �i 0 47 � Ca - - ^ - R ovwoM iLocx KiN11! PJW0 iMA ~ � �� Go0�vo'vN J� ~ PARCM 04706&0. 0470MIL �r wM.aw+«Mrs w+ p�iiHy'n�.ww. ... aw ... �s t•/w TOTAL P.01 E kli IL � $ ■ � � IL k � � . . $ dig §� ■ � §� � s. a ■ s � § �<. � � ■ �� §� 7 ■ ' � � � � �.• . . � . � 2 � ■ � lot $' g � � & .� 1791-1991 ® � CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 293 - 7535 FAX 907-283-3014 July 15, 1993 Jim Doyle Weaver Brothers PO Box 2229 Kenai, AK 99611 Subject: Ci�tiDtas�e Van Dear Mr. Doyle: Thank you very much for transporting the City's storage van from Anchorage to Kenai. Mayor Williams and the City Council are obtaining some historical artifacts that the City will store in this van. You have saved the City time and money by your generous donation and we do appreciate it. Thank you. Sincerely, Keith Kornelis Public Works Director KK/kv cc: Mayor Williams City Councilpersons JUL-15-93 THU 15:33 KPB PUBLIC WORKS FAX NO. 907 262 6090 .*.M= TITLu1 MMI JIV=W LA rOROOGH SCHJM C=IT ACT= ROt HIP 0-4 RtitS IW M. GION: CC LOCATION: KINI C=PLLTION OAT&: 'PROPRIATION M.00T6Pr :MO MORA '.YPC1 ADMMAL • REPL :10 PRCCRAIIM TRANSPORTATION r :'NOING :AP IM ?Z2ULST 2P9RAT:NG COSTS .:CZ FEDERAL RYCE!PTS: SEMERAL MM MATCH: :704 GENLRAL #-UMi 854.0 ::06 ;ITCRACLNCT ALCL:PT3z ::TALS: st.'29.: 351.0 P. 02 rIscL& Tint :l94 CLCC.ION Ols"ICt: i 7MAIC1 4 Iry POSITIONS MT) 0 •.LAR ALTONATLt rY'N/A ?US 9XP94M4 M 94 ?ROJLCT 2ISCRt9TI0H: MIS PROJ&CT WIL;, R9=HSTROM. TRL 9X1T :SACZIR ROAD MON THM SWARD MIGNMAY QQ 0.:1 40 -Mg QiUGACM NAT:.HAL FOM M 30UPDART IMP 7.91. ::i& i:A61 1.6 MILES DLTWLEN M lEWARD HIGHWAY AND sox CANTON CRICK ml" SL MEN C'3NSTWJCTIOM OF A 72 ':OT W109 PAVED ROAD WM:CM WILL MASS A AES1213MAL U801VISIOM. -Mt SOX CANYON SRICCL %I:: SE REPLACED. FROM SOX :Aw1YOM CRIER 4MP :.61 TO ::IL FOREST SOUNDART. .HE, PROJECT WILL :INSTRUCT A 28 FOOT WIDE, SRAVEL ROAD. iOJ[C? usT:r:CATIQNs .JILT ZLACILA AD rL000S ANNUALLY; LXIS'.:MG ROAD VM, 3E REROUTED TO L`lPRDV& ROAD LOCATION AND ORA:MACE AND TO PIM ROAD AWAY FROM TH& RESIDENTIAL ARLA. :MLS PROJIC: WILD ::NNECT WITH A PROJECT AT MP 3.9 WHICH U::IIZLO FEDERAL FWMZC ICHMAY rUNDtMG TO At:GCNs:ROCT 'THE :pptR SLGmw tr TM& LXI2 GLACIER ROAD. ME C..AC:ER ROAD TRAVEAStS MMACH NATIONAL ::REST AND PROVIDES ACCLSS TO TNC RUA: f_OROS MAT:ZMAL PAPA'S EXIT 3LMIER RECREATION AREA. TMIS 7ROJECT WM COMPLETE .LCOMZTR41CT::N Or TMC AC:ESS ROAD TC A MAJOR TMIRIST ATTRACTION FOR T11L SEWARD AREA AND SUPPORTS 7ME GOVERNOR'! GOAL To ;:t.WLATC ECONOMIC TEVELOPM M. THE, ADT FOR :MIS ROAD :S $20. .•-1*11 +INC71S1S0 3AW93 e FREON= Or CONTRACT PAYMENT NO: 16 PAGE 2 OF 5 PROJECT : KENAI COURT HOUSE KENAI ALM (" IIFICATION BY CONTRACTOR ACCORDING TO THE BEST OF MY KNOWLEDGE AND BELIEF. I CERTIFY THAT ALL ITEMS AND AMOUNTS SHOWN ON THE FACE OF THIS APPLICATION FOR CONTRACT PAYMENT ARE CORRECT; THAT ALL WORK HAS BEEN PERFORMED AND/OR MATERIAL SUPPLIED IN FULL ACCORDANCE WITH THE REQUIREMENTS OF THE REFERENCED CONTRACT DOCUMENTS, AND/OR DULY AUTHORIZED DEVIATIONS. SUBSTITUTIONS. 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. CONTRACTOR SIGNATURE OF AUTHORIZED REP. '1- %Z 14NJ TITLE e- STATE OF: NlckAkOl 9F., SUBSCRIBED AND SWORN TO BEFORE ME THIS jam, DAY OF �u1Ty 1933 NOTARY PUBLIC: .4 L-P& 1� , MY COMMISSION EXPIRES: T - T CERTIFICATION BY ARCHITECT OR ENGINEER ----------------------- ------------------ ---------- ------ -------------------------------------_�------------------ I CERTIFY THAT I 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 MIATERIAL 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 FULL ACCORDANCE WITH REQUIREMENTS OF THE REFERENCED CONTRACT DOCUMENTS; AND THAT PAYMENT CLAIMED AND REQUESTED BY THE CONTRACTOR IS CORRECTLY COMPUTED ON THE BASIS OF WORK PERFORMED AND/OR MATERIAL SUPPLIED TO DATE. AMOUNT CERTIFIED AS DUE: ' '•ram SIGNED DATE ARCHITECT OR ENGIN STATE OF: Cdajt4 OF: SUBSCRIBED AND SWOR 0 BEFORE HE THIS le —DAY OF 1923 NOTARY PUBLIC: MY COMMISSION EXPIRES: ' OTHER APPROVAL: ALASKA COURT SYSTEM SIGNED DATE: OWNER APPROVAL QED ON THE ABOVE CERTIFICATION OF THE CONTRACTOR AND ARCHITECT OR ENGINEER, THE CITY OF KENAI 'I THE KENAI CITY COUNCIL CONCURRENCE, AUTHORIZE PAYMENT. SIGNED DATE Y/7 APPLICATION FOR PAGE 1 OF 5 ✓ CONTRACT PAYMENT NO: 14 14 PROJECT: KENAI STATE COURT HOUSE KENAI ALASKA WNER: CITY OF KENAI -•fit.°--� 210 FIDALGO ST. KENAI. AK. 99611 FROM CONTRACTOR: G 6 S CONSTRUCTION BOX 1493 V3 SOLDOTNA. AK. 99669 AgCe -<< :.., ,. _.,. .,�._ i i::1a uF — -, Attcrrrey "d GitY a=. ii ' -.-- • - City Clerk ARCHITECT: MCCOOL CARLSON GREEN 1Gµhxk�deDti - �; �,:..,, „_L'�'✓ Pin/ ..;RnU((ftl Ry Ck APPROVED BY COUNCIL ---------- ---------- DATE CITY CLERK PERIOD FROM:5-23-93 T0:7-12-93 ADJUSTED CONTRACT AMOUNT TO DATE PAY REQUEST FOR CITY USE ORIGINAL CONTRACT AMOUNT 11004000.00 `ET CHANGE BY CHANGE ORDERS -1Wuw; 43f , &Z7 o. NEW CONTRACT AMOUNT-1039 1 00 y27 =____==-_------------� =-�==-------=-------------------===-=-------=--==-----=-=-------------------- WORK COMPLETED 4. TOTAL COMPLETED AND STORED 5. LESS RETAINAGE OF fQ_ PERCENT 6. TOTAL EARNED LESS RETAINAGE 7. LESS AMOUNT OR PREVIOUS AMOUNTS B. BALANCE DUE THIS PAYMENT DISTRIBUTION OF EXECUTED PAY ESTIMATE IM8836.00 $454883.60 $4093952.40 $3713407.20 $380545.20 9 Yj-..Z 0 N SQ ALASKA COURT SYSTEM OWNER ARCHITECT/ENGINEER CONTRACTOR f4 bjCv-r ri AC.I �APrv✓c/ V♦r� till lic A., all all 0 1 wl 04 In ................ 77 APPLICATION FOR PAYMENT AIA DOCUMENT PROJECT: APPLICATION NO. 14 TO %1NER: KENAI COURT HOUSE PERIOD TO: 7-12-93 1 CITY OF KENAI 210 FIDALGO ST. PROJECT NO. KENAI. AK. 99611 CONTRACT DATE: 7-24-92 CONTRACTOR: ARCHITECT: G & S CONSTRUCTION CONTRACT FOR: KENAI AK. STATE COURT HOUSE CONTRACTORS APPLICATION FOR PAYMENT Application is made for Payment, as shown below. in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. CHANGE ORDER SUMMARY ----------------------- CHANGE ORDERS APPROVED IN PREVIOUS MONTHS BY OWNER ------------------------- ------------------------- APPROVED THIS MONTH NUMBER DATE APPROVED C.O. #1 1249.982 C.O. #2 $128.096 C.O. #3 00".90 Not -vet -=roved— y0, 0 C.O. 94i ?i%8.88 Notes approved— friD C.O. 15 $12,995.00 C.O. 06 $35.000.00 C.O. #7(#39,256.00) C.O. 18 $544,810.00 TOTAL APPROVED $931,627.00 NET CHANGE BY CHANGE ORDERS q3 � & 27 The undersigned Contractor certifies that to the best of the Contractor's knowledge. information and belief the Work covered by this Application for Paument has been completed in accordance with the Contract Documents. that all amounts have been paid by the Contractor for Work for which Previous Certificates for payment were issued and payments received from the Owner, and that current Payment shown herein is now due. CONTRACTOR: G 8 S CONSTRUCTION R. DANIEL GREEN BY: DATE -- I-- Q_--\3 1. ORIGINAL CONTRACT 14704000.00 2. Net change by Change Order q3q IVZ7 -$*IB - .00 3. CONTRACT SUM TO DATE: 51(p170/427 Sb196 Prffi- 4. TOTAL COMPLETED AND STORED TO DATE: $4548836.00 5. RETAINAGE: #454883.60 6. TOTAL EARNED LESS RETAINAGE #4093952.40 7. LESS PREVIOUS PAYMENTS: 8371340. 8. CURRENT PAYMENT DUE: #380545.20 9. BALANCE TO FINISH. PLUS RETAINAGE: $1541674.60 -M---Y N Amount Certified: 3 8� 54� Zo Y= Architect: BY: BY: �E DATE: This certificate is not negotiable. The AMOUNT CERFIFIED is Payable only to the Contractor named herein. Issuance. payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. ;111 T-, MILLER SELECTED EMPLOYEE OF THE MONTH Angie Miller, property management assistant with Accounting & Property Management, was selected as the Chamber's June Employee of the Month. Susan Anderson, the firm's vice president, presented Angie with her certificate of award at a recent luncheon meeting. Susan reports that Angie's cheerful attitude makes her a joy to work with. She is wonderful at making collection calls and leaving the person she is talking to feeling good about themselves when she's done .... a real art! Those who work at the company appreciate her efficiency and accuracy in all that she does.Congratulations Angie! SUMMER BEAUTIFICATION CONTEST The Kenai and Soldotna Chambers will hold their annual summer beautification contest on Thursday, August Sth. An application form is included with this newsletter for you to enter your residence and/or business. Ribbons will be given for the grand overall, 1st place, 2nd place and 3rd place winners in both residential and commercial categories. Entry forms for judging will accepted until 2:00 p.m., Wednesday, August 4th. We all work hard during the summer months to enhance our landscapes and beautify our communities - this is your opportunity to be recognized for these efforts! STAFF CONDUCTS B & B TOUR The staff and some of our volunteers for the Visitor Information Center have recently concluded an in depth tour of Chamber member bed & breakfasts and lodges. it took several days and a lot of scheduling changes, but a majority of our members 'with this type of business were included in the touring. We would like to express a big thank you to member Karen Walters (Daniel's Lake Lodge) for the grilled halibut lunch, and Sara Waisanen (Spruce Avenue B & B) for the hearty breakfast as part of the tour. The staff reports that our visitors are well fed and pampered during their stay in our community. Every year, VIC personnel visit different member businesses to acquaint themselves with the products and services being offered. This type of "hands-on" experience is invaluable in familiarizing the staff and providing insight into what is available to visitors. A SPECIAL THANK YOU The Chamber staff would like to extend our sincere thanks to Freddie Billingslea and Janice Fairchild for their assistance in assembling the monthly newsletters for the past several months. This is a very time consuming job and the extra help is always welcomed and appreciated! 11 r YOUR CHAMBER TODAI,,*-g Newsletter of The Greater Soldotna Chamber of Commence ............. Volume 6 Issue 7.............. July 1993 WELCOME NEW ME' MBERS 01 PENINSULA FORD L!& ISDN • ���-e �+ beige: Celebrathqg Yong NORTH STAR LODGE el*23,26 JERKY PFAFF The Chamber staff and Progress Days committee TTf•a13Y have been busy preparing for this year's annual GRANDMA, CHUCKwAGON event. There are many activities planned DIANA MILLS . 2624 7-a r.. . . throughout the weekend, beginning with Go -Kart MACTEL CELLULAR SYSTEMS Races from 6:00 to 9:00 p.m. at the Soldotna SCOTT DAYISICHRIS SPOERHASE Airport on Friday night. In addition, the + I dr.. °° Challenge Cup Softball Game between the Kenai NAhIiWRA.MART KAY and Soldotna Chambers will be held at 7:00 p.m. BEAUTY-'CQNSULTANT at the ball fields on K-Beach Road. If you would KIM HINER 282.2718 like to participate on a team, just call our office PENINSULA M6M LODGE 01841 (262-9814) or the Kenai Chamber office JACK ROLLER (283-7989) to sign up. If you are not planning to { 21 -,9181 play, come on out and cheer on the players! .ROBIN PLACE FABRICS ' PAt"MESE A parade application form is enclosed with this 1S1+B438 newsletter P enter yourself, group or business. CELLULAR ONE There are lots of categories and always a good KELLY STEMBER 8S#•1122 crowd in attendance to watch. Parade line up is TWOWSHOP at 9:00 a.m. on Saturday at the old H.E.A. NORM a OPM sTUARD building. Judging will take place at 10:00 a.m. 152.1703 with the start of the parade at 11:00. The HARBOR TERRACE INN Soldotna Airport Alliance will officially start the RALPH MELOON, JR. parade with an aerial fly over. 1Sl+S�B1 Ii MIEE Beginning at 10:00 a.m. Saturdayare a number Ii�a.iaa;L of special events including the Arts & Crafts Extravaganza on the lot next to 4-D Interiors. ra�oiP s a E� ; • g R,AV.14.. VN.p-voRAK Ks Booth space is available by calling 262-1423. The Soldotna Senior Center will hold a Public Arts & r rw 1 SDLDaTiIA -r cH£VRON Crafts Bazaar, with tables renting from $15.00 - FRO HAMMON $20.00, call 262-2322 for more information. 261.4311 Also at the Senior Center will be a People's "►►" ` ANNCX:i s a B Choice Quilt Display sponsored by the Finer ° CDlfl * MCKER Si'14435 Point. Con't... JULY CHAMBER LUNCHEON CALENDAR TUESDAY @ NOON, TIDES INN July 06 Dave Feeken, President, Kenai Peninsula Board of Realtors July 13 Sean Adair, General Merchandise Manager, K-Mart July 20 Commissioner Frank Prewitt, Dept. of Corrections July 27 Presentation by Arco GREATER SOLDOTNA CHAMBER OF COMMERCE PO BOX 236 Soldotna, AK 99669 (907) 262-9814 Progress Days schedule enclosed Please Post City of Kenai/John Williams 210 Fidalgo Kenai AK 99611 BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK 99669 1993 BOARD OF DIRECTORS President John Torgerson................... Electrotek (RadioShack)........... 262-6192 Vice -President Kurt Erlksson....................... National Bank of Alaska ............. 262-4435 Secretary/Treasurer Betty Harris ......................... J SB Stor'N Lok ....................... 262-4771 Past President Ginger Steffy ....................... Kenai Peninsula College.......... 262-5801 President Elect Ken Lancaster Jr .................. A -Point of View Really.............. 262-7006 Mavis Blazy......................... Blazy's Rentals/B & B ............... 262-4591 Joyce Bocksnick.................. Insurance Connection.............. 262-2515 Roger Byerly....................... Angler's Lodge & Fish Camp..... 262-1747 Frank Fiala .......................... Lake Clark National Park........... 263-5855 Steve Horn .......................... Steve Horn Company............... 262-1831 Nick Nelson ......................... Nelson Enterprises.................. 262-2798 Mike Sweeney ..................... Sweeney's Clothing ................. 262-5916 Executive Director Cathy M. Clark ...................... Soldotna Chamber................... 262-9814 Office Assistant Susan Hensler -Watson Bookkeeper Loretta M. Lunn _ TO DO LIST JULY 7, 1993 RFNAI CITY COUNCIL ![FETING PP - Reconvene Congregate Housing Design Committee to make recommendations of what they think needs to be added to the facility. Report to Council at September 1, 1993 meeting. CAB - Prepare ordinance for 7/21/93 meeting to appropriate money to purchase a sprinkler for Parks & Recreation from Daubenspeck funds. CLF - Send appoint letter to Charlie Pierce (P&Z). Send out necessary Board of Adjustment notices. Contact Boy Scouts about flags. Send flowers to Mart for opening on 15th. CLF/JR - Draft resolution for 7/21 meeting regarding Borough allowing cab drivers to be registered to pay sales tax. JW - Contact Norville and Carr's regarding placement of natural (shrubbery, etc.) or fence barricade between Bernie Huss Trail and Carr's property. Set up committee to find grants in regard to Okha/Kenai sister -city relationship. xx - Continue with water and sewer crossings as recommended and prepare a resolution to transfer funds for purchase of AutoCAD system. Check into when barrier curb will be placed in front of old entrance to the Senior Center. CRG - Go ahead with APUC appeal. KE - Report to Council regarding Swarner/O'Connell purchase of bluff property regarding Vozar comments. KO - Advise crews not to drive mowers on streets. Board Actions * Approved selling Kenai Chamber of Commerce "Snow Goose Classic" tickets at the visitor center and Chamber office * Approved the purchase of a 1/3 page display ad in the 1994 Kenai Peninsula Tourism Marketing Council Vacation Planner * Sent a letter of opposition to the City of Soldotna regarding the closure of city owned property along the Kenai River to bank fishing * Nominated and elected Board member Ken Lancaster to serve as the 1994 Chamber President Continued from page 1... Several beautiful, handmade quilts will be featured. The Soldotna Airport is the site for the Grand Prix Races, sponsored by the Alaska Sports Car Club. European motorcycles and an automotive show will be featured as well. At noon, the Taste of the Kenai will be held at the Peninsula Center Mall, sponsored by KWVV. Area restaurants are invited to provide samples of their Peninsula cuisine. The Kenai National Wildlife Refuge Visitor Center will be showing a film "Time of the Grizzly" on the hour and from 1:00 until 6:00 p.m. the Soldotna Library will host a used book sale. More racing excitement will happen at the Soldotna Airport beginning at 4:30 p.m. with a Solo II Car Race. Of course, Progress Days would not be complete without the annual Chamber BBQ Dinner and Dance. This year the event -will be held at the Tides Inn under the big tent. Come on out for barbecued ribs and chicken, and dancing past midnight to live music by Men With No Pride. On Sunday, beginning at 8:00 a.m. there will be an Arena Horse Show at the Soldotna Rodeo Grounds. Back by popular demand is the Fly -In Breakfast from 9:00 a.m. until noon at the Soldotna Airport. The Young Eagles Flight Program will have aircraft on display during this time. The Grand Prix Races get underway at 10:00 a.m. with Go -Kart Races at noon and the Solo II Car Races at 4:30. The Peninsula Cruisers will hold their "Show and Shine" at Hutchings Chev/Olds/Pontiac/Buick/Cad, Inc. from 11:00 a.m. to 4:00 p.m. The Chamber will present our annual Progress Days Bingo, with a total pay -out of $5,000 at 2:00 p.m. at the Superstructures Building. The Soldotna Post Office will feature a special Progress Days hand cancellation stamp all week from July 19th - 25th. This makes for a unique collector's item and special remembrance of this community celebration. INFORXATION ITZKO Kenai City Council Keetinq of July 21, 1993 1. 7/7/93 Kenai City Council Meeting "To Do" List. 2. 7/93 The Greater Soldotna Chamber of Commerce, Your Chamber Today. 3. Pay Estimate No. 14 - Kenai Court House/G&S Construction - $380,545.20. 4. 7/15/93 KK letter to J. Doyle regarding storage van. 5. 7/15/93 W.L.Robson memorandum to ISTEA Technical Committee Members regarding area project justifications and descriptions. 1791-1991 CITY OF KENAI "DEC Ca dal 4 4iad�„ 210 FIDALOO KENAI, ALASKA 99611 TELEPHONE 293 - 7535 FAX 907.283.3014 bIEMORANDUM TO: Keith Kornelis, Public Worrector FROM: Jack La Shot, City Enginee DATE: July 21, 1993 SUBJECT: S� v ReconstrimAon - Urban Secdcm The Spur Highway Reconstruction project from just past Swires Drive to Ryan Drive, (the Urban Section), is reaching a point in design where the ADOT/PF had planned to be able to request bids yet this year, start utility relocates, and probably start construction next spring. To this point, the plans were to utilize a typical section of 111' in total width, including 4 - 12' lanes, a 20' median, 8' shoulders, a 10' sidewalk on the south side, and a 6' sidewalk on the north, (see the attached typical section). Recently, however, Rory Reddick, with the State, told me they were looking at narrowing the design somewhat to reduce costs and ease utility conflicts. This seemed understandable at the time. More recently I have heard rumors that the redesign would reduce the 111' typical section to something between 70' and 80'. Ken Burkholder, Project Manager with ADOT/PF, confirmed that he had received orders from the Commissioner that all area projects were to be re-evaluated using more minimal design standards. This project would therefore have the 20' median reduced to 12' to 14' and probably 18' at the intersections, the 8' shoulders reduced to 2' , and the bike/pedestrian sidewalk on one side fitted into the right-of-way where convenient in a "floating" alignment. The redesign, according to Burkholder, would save approximately $800,000 and was planned to be carried out without any further notice or public hearings. The project all along has been represented as having a much wider typical section through all public hearings. I have requested that the state have another public hearing concerning this redesign as I am sure most people here would feel like they were getting a project totally different than has been presented to this point. Mr. Burkholder said he would see what he could do about a public hearing. It may be best to pass this information to the City Council. JL/kv JERRY HNNSON July 20, 1993 Mayor John Williams Kenai, Alaska 99611 John: I'm enclosing an advertisement for a Tree Planting Grant that ran recently in the Anchorage Daily News. I talked a few minutes ago with Loretta Breeden about the possibility of Kenai participating in a project and she suggested I talk with you and see if you could get an application packet ordered immediately.' The applications are due on August 2 so there is very little time. This grant would provide up to $6000 which would be matched 50% by cash, materials or in -kind services. I think we could easily provide volunteer services to plant trees that would most the in -kind services requirement. Kenai is blessed with an abundance of trees that adds to the beauty of the city but spruce beetles are slowly starting to kill trees in this area. With a tree planting project started now, we could insure a variety of trees that would replace those lost to disease and pests. Cinnnrcly 107 Paula Street, Kenai, Rlaska 99611 • 987-283-7929 F U W N 51 _i J Z IC.illll= Q l M= l o. �(r-�M_=1 -III— �I z �I__ D _ ONIG33S_29 11OSd01 JO SDrill! _ _l 77_ r o ONI9I121J �P JNR1V3l0 30 SlINVII 1 �i � I 9 W \ O rn z a) a IIII w •- �" �� 't co W ' W (IN w W 5 = 1f) 10 11 N� U U Q l� W Qa �� Z N 1 a W J O I U'CX Q Q U U V W NEZ / U((nn a yaWk a .- Q J ' i- t- 3 le < X t z Q Q = U W J O 1 =otnJOz Q U j tanY UVW1V W N E Z I Q U s W4J F- V) ,.. Q 1 ` F i0 M (n U 2 J N W Q N KJ U !+C ti o z ' a ' 00 N w Q p m i = a+o I = _ I Q U �! ZO i QT /1CL V C CaD I U _ W a J O NtiZ aw t%H OZ �g as �9 V) in d to O N� JNIenHo v ONISY310 -40 simn � l i I Y Q �z ` rn O j I aW T—� < a Z j�1-Ij"'j-� I � U_ W 1-11 �1 c g�l N 32� OC :- JNI03j�LV 110Sd01 d0 SllYVll JNIenw v DNIUV310 d0 Siiwll OD .t OD I tv — 1N3143AVd d0 Go a N ON1033S V 11OSdOl 30Silrill in JNIenMJ v ONINY310 d0 S11PVn LiNIiU1'k M(I R— RAM �)OH d CITY OF KENAI FAX TRANSMITTAL CITY OF KENAI PUBLIC WORKS DEPARTMENT 210 FIDALGO AVENUE, SUITE 200 KENAI, ALASKA 99611-7794 FROM: C4 of Kenai Kathy Viall. Public Works Admin. Asst. NUMBER OF PAGES, INCLUDING THIS PAGE: PHONE: (%7) 283-7535 FAX: (907) 283-3014 1-700 - 414 -tsyov WA Subject: Attached is a copy of the plaque that I discussed with you. It would be similar to the one you did for us for Vintage Point in September, 1992, project number 92-44916-P, and will include the All -American City logo. Please call me with a cost estimate as soon as possible or if you have any questions. I can be reached at (907) 283-7535. Our fax is: (907) 283-3014. Thank you. Keith Kornelis, Public Works Director thy vialf Public Works Admin. Assistant s A61" ��r""7 F ♦+.tax �L�n� v.,. ` • ' OFF , it '. Al - -WIN .. DJVLlkmw Plftmd=gofkx - oomm>s. Abccxit �ISA�.a�'+� sd ♦ - Me bpi Septr �Q.1t. v a `r ww fumbse . wadi a'vor sbm �- '�iK r CbmmoftFamoyct- 762-A=. , NHITE - VENDOR 'ROD - ACCOUNTING 3LZY - ACCOUNTING SHIPPING b RECEIVING 3REEN - APPROVED COPY 'INK - REQUISITIONER PURCHASE ORDER CITYOFKENAI 210 FIQALGO ST. PHONE 283-7538 KENAI, ALASKA 99611 VENDOR NO. 15514 �Andco Industries Corp. PO Box 7366 TO Greensboro, NC Ordered by: Kornelis SHIP VIA: J THIS PURCHASE ORDER NUMBER ^W Arm" ON lI J1f G TQ THIS PIA . CHASE. No. ome 7/15/93 DELIVERY DATE PREPAY SHIPPING - CHARGE FOB PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE ilty �D UNIT I UNIT PRICE AMOUNT Dedication plaque for the new Courthouse 1167.00 Shipping estimate 75.00 TOTAL 1242.00 /o?yQ? . DEPARTMENT BY FOR COUNCIL APPROVAL J Y 21, TM'"' 1781-1881 �/— CITY OF KENA - ad G apdai 4 Au"" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - M5 FAX 907-283-3014 TO: Thomas J. Manninen, City Manager FROM: Keith Kornelis, Public Works Director DATE: July 14, 1993 SUBJECT: Kenai Courthouse - Dedication Plague FOR: City Council meeting of July 21, 1993 Mayor John Williams has suggested a dedication plaque to be put up in the new courthouse the City is building for the state. I have attached a copy of what the Mayor would like to see on the plaque. This plaque was not included as part of the project so the City will have to pay for it. Andco Industries has given me a cost estimate of $1167.00 for this cast bronze plaque and $75.00 for freight. Does the City Council want to pursue the purchase of a cast bronze plaque and what would the Council want on the plaque. KK/kv Menuhalumn of AreAlMamW lntrrior and Exterior SiSasgs Quotation Andrn InduttNtltl Corporellee JOtJ Vln--m D I- Crctlnd.nn NC 27Juo-om 910d110AM V I � a / � � �, 1•AIM1.17Utl4rOQ fv4ii !i1V•YtlY•�7tW �s93�Quotation Number. ~-�i36 f��J%" tlalr• Attn rrn�eet: PHONE 0: 1-800-476-8900 FAX 0: 919/299-4700 nM gmew"e dwo ma 1wd.do mw Weal of dwo now ue p 11m fir 30 dam Hilt WNDLTICIM OF THIS SALE ASK ON flip MIME SIM. DESCRIPTION �# M*-P#aX. YOUR COSTr FOB ' :---- � � --=-- ------ REMARKS: DELIVERY: Approximately r8 weeks after approval. TERMS OF PAYMENT: Net payable within 30 days UPON APPROVED CREDIT after shipping or installation. A service charge of 1-1/2% per month will be applied after 45 days. Awepiud Uy: company Name: _ 9/3o Water -Reels will increase your yields, maintain the good looks of your turf grass, Improve athletic field playing conditions and preserve the beauty and value of landscaping. Easy -to -use irrigation when and where you need it. Water -Reels are "Made in USA" to the high standards associated with a company that has manufactured traveling irrigators for more than a quarter of a century. Booster Pump Booster Pumps are used in conjunction with existing systems for two reasons: 1. To raise inadequate pressure to permit the installation and use of a Water -Reel. 2. To raise the pressure to enhance the machine performance. For example, with adequate pressure it is possible to irrigate an area equal to a football field with a single pass through the center. (For actual pressure requirements, see Performance Guide overleaf.) Rowcrop Cart A'High Cart' is available for use with the B160 machine. The cart has an adjustable wheel track and 28 inch crop clearance. 1993 KENAI COURT HOUSE BUILT ON BEHALF OF THE ALASKA STATE COURT SYSTEM BY THE CITIZENS OF THE CITY OF KENAI KENAI LEGISLATIVE DELEGATION REPRESENTATIVE MIKE NAVARRE SENATOR JURY SALO KENAI CITY COUNCIL JOHN J. WILJAMS, MAYOR H. RAYMOND MEASLES, VICE MAYOR ART McCOMSEY LINDA SWARNER CONTRACTOR G&S CONSTRUCTION CHRISTINE MONFOR HAL SMAL EY JAMES C. BOOKEY, III ARCHITECT McCOOL CARLSON GREEN Ordinance No. 1559-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 1993. ATTEST: Carol L. Freas, City Clerk Approved by Finance: C4l.1 (7/14/93) kl r' JOHN J. WILLIAMS, MAYOR Introduced: July 21, 1993 Adopted: August 4, 1993 Effective: August 4, 1993 Suggested by: Parks & Recreation Director City of Kenai NO. ISS9-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,050 IN THE GENERAL FUND FROM THE RESERVE FOR ATHLETIC EXPENDITURES. WHEREAS, in 1980, the City Council adopted Resolution No. 80-178 that accepted land from Harold A. and Rita Daubenspeck; and WHEREAS, that resolution provided that revenues derived from the oil, gas, and mineral rights of the land "be dedicated to athletic programs sponsored by the City of Kenai"; and WHEREAS, at June 30, 1993, the balance in the reserve for athletic expenditures is $76,088; and WHEREAS, the City's ballfields and parks are integral parts of the City's athletic programs; and WHEREAS, the Parks and Recreation Director has requested that the Council approve the purchase of a water reel traveling sprinkler. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Reserve for Athletic Expenditures Increase Appropriations: Parks - Machinery & Equipment EZPERIENCE: September 1991 to Present Frykholm & Schaafama Appraisal Appraiser Trainee October 1987 to July 1990 Schauenburg Flexadux Corp. Operations Manager - Manufacturing October 1985 to October 1987 Track II Marketing, Inc. Licensed Motor Vehicle & Heavy Equipment Salesman, Bookkeeper January 1980 to April 1983 EDUCATION: Salt Creek Mining Co. Purchasing Agent, Coal Mine Mesa State College, Grand Junction, Colorado 2 years study with emphasis on accounting, economics and business law. 1983-1985 ^} Various professional business seminars including: In Search of E;cellence (1990), Stress Management for Professionals (1989), Purchasing Management, Effective Negotiation, Effective Communication (1980-1982) Real Estate Related Courses 11/91 Real Estate Case Law and Contracts 2/92 Alaska Thermal Standards Seminar TYPICAL CLIENTELE: Farmers Home Administration National Bank of Alaska First National Bank of Alaska Frontier Alaska State Credit Union Key Bank of Alaska Northland Mortgage Co. Various Individuals FRYKHOLM & SCHAAFSMA APPRAISAL. I i '� warn is i 00 ? W - o r L ri STATE OF ALASKA ) )es. THIRD JUDICIAL DISTRICT ) This certifies that on the Zlic day of , 19920 before me, the undersigned, a Notary in andfor the State of .Alaska, personally appeared It088R'i' D. 01 CONNELL, to as known .to. be the person named as GRAIMR in the foregoing Easement —and, ,acknowledged to me that he executed the same freely -4:hd voluntarily for the uses and purposes therein mentioned., WITNESS my hand and official s 1 the day and year 4n- �i,�is: certifioate first above written. ,. .' Y'PUALIC or az Alas aoam�ission expirea:,,Y;Pd Page 2 of 2 ryLL w rq Y DFL ENAI Ito RKMP 01 =3-3"1 W SSJ014 �1.1_2_. • '�i._ _L _ • Candidate Member - Appraisal Institute - #R86-0936 Licensed Residential Real Estate Appraiser, State of Alaska - #AA55 HUD -FHA Approved Appraiser - #2022 EDUCATION: University of New Hampshire, Bachelor of Science - Forest Resources 1979 Various Real Estate sales related courses including: Prelicense, Listing & Sales, Financing, etc. K�� Real Estate Appraisal Principles (Exam #lA-1/8-1) 8/85 Basic Valuation Procedures (Exam #lA-2) 8185 Residential Valuation (Exam #8-2) 3/87 Standards of Professional Practice (Exam SPP) 10/87 Western Resources Institute - Uniform Energy Rating System, 11/85 AMBA/SREA/AIREA - 1 to 4 Family Appraisals for AHFC, FNMA, & FHA, 5/86 SREA - Uniform Residential Appraisal Report, 2/87 SREA - R41C & the Residential Appraiser, 3/87 HUD - Uniform Residential Appraisal Report Industry Meeting - 4/87 FNMA - Anchorage Underwriting Seminar, 8/89 SREA - Physical & Environmental Concerns in Housing, 9/89 Appraisal Institute - General & Residential State Certification Review Seminar, 4/91 14514 4 __ it i q: a --IA tr March 1984 - Present - Frykholm & Schaafsma Appraisal Independent Fee Appraiser October 1981 to March 1984 - ERA/Property World, Inc. Real Estate Sales Alaska Housing Finance Corp. Alaska State Bank Alaska USA Fed. Credit Union Alaska Valuation/Farmers Home Admin. City of Kenai City of Soldotna Continental Bank & Trust Fannie Mae Fed.Deposit Insurance Corp. (FDIC) First Alaskan Mortgage & Escrow First Federal Bank of Alaska First Interstate Bank of Alaska First National Bank of Anchorage Frontier Alaska State Credit Union FSLIC Goldome Realty Homequity Relocation Co. HUD -FHA Key Bank of Alaska MGIC National Bank of Alaska Northland Mortgage Co. Ninilchik Native Association Phillips Petroleum Co. Record Data Relocation Travelers Relocation Texaco Union Oil Company Various Individuals & Businesses FRYKHOLM & SCHAAFSMA APPRAISAL. VIEW OF SUB= PROPERTY FROM MISSICN AVE. LOOKING SOUTHWEST. T '.'IEW FROM Ll,'=OR OF SUB= PROPERTY LOOKING NORTH. y m � i ► W Y O N 1%j • t S W = a b= a Ci W T� a O K G r J W + 10 I ♦'M u �• W y p Y, J s A 20 ! s �^ 9SM&ASSUMMOM AM LIMITIM CCEDITIONS 1. Reproduction of this report for distribution to other than associates of the client, financial institutions, or to attorneys on condemnation cases is prohibited without permission of the author. Distribution, for instance, to promote a sale of the property may be restricted to protect certain information of a confidential nature. 2. Disclosure of the contents of this report is further governed by the regulations of the Appraisal Institute. Neither all, nor any part of the contents of this report shall be disseminated to the public though any public means of communication without prior written consent of the author. 3. This report bears an effective date of appraisal and is based on data known, or reasonably construed to have been available at the time, and events since that date may have changed the subject's value. 4. The property is appraised as if free and clear unless otherwise noted, with no responsibility assumed for title and legal matters. 5. All information supplied or found through available records and sources is assumed correct unless otherwise noted. If errors are found, the right is reserved to modify the conclusions. 6. The data and conclusions embodied in this appraisal are part of the whole valuation. Any part of this appraisal may or may not stand alone, is not to be used out of context, and constitutes only part of the evidence upon which a value judgement of the whole is based. 7. The appraisal does not imply the right to court testimony on the part of the appraiser without mutually satisfactory arrangements. S. Market value is defined as "The most probable price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus". The majority of land is sold on terms. Typical terms in the market may include a 10 to 20% down payment with the balance at 9 to 12% interest for 10 years. Market time for land generally exceeds 6 to 12 months. 9. That no engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area were taken from sources considered reliable, and no encroachment of real property improvements is assumed to exist. r IL craws ANOMW )F KINAi fldwoo INUO 14011 14"1 M"U T4ae MOMPAS A. SXMZR and ROBERT D. o 1 CONNELL (hit it iTORS) , whose address is P. O. Box 1360, ` 90611. Ift good and valuable consideration receipt of r .. sni►lodged, do hereby convey to the CITY OF ZMA and assigns (hersinafter called GRAMM) , whose address is 210 Fidalgo Ave., Kenai, Alaska 92611, an &&assent for maintenance and operation, construction repair, and access, including ingress and egress of an undergrowW storm sewer line through and under the following described real property situated in the Third Recording District, Third Judicial District, State of Alaska, to -wit: A ten foot section on each side and parallel to the centerline of the Underground storm sewer line located on Tract A, Komi Municipal Reserve ,Subdivision No. 1 according to Plat No. 85-92 This easement is given to the GRANTES with right of ingress and egress from the premises for the ,purposes herein granted. The said GRANTOR is to fully use and enjoy said premises except for the purpo"slherein granted to the said GRANTEE and provided the said GRAMRshall not construct or permit to be constructed .any house, structures or obstructions on or over said easement granted herein. STATE OF ALASKA } THIRD JZDIC=AL DISTRICT ) This oartif ies that . on the 'day of me, the undersigned, a Notary lic 1A Alaska, personally appeared DENNIS A. On known to me to be the person named as 04 LEasement and acknowledged to me that he ex and voluntarily for the uses and purposes WITNESS my hand and .official certificate first above written. 6 1 1992, before the State of to , ° known and in ths foregoing I Uw same freely. n ioned� f. Page 1 of 2 s Sales of bluff lots in the Original Townsite of Kenai are limited. The comparables used to value the subject include an older 1983 sale of a bluff front lot, two recent sales of non bluff lots, and two listings of lots for sale by the owners. One is a bluff lot (resale of C-1) while the other is a non bluff lot. C-1 is an older 1983 sale of a 27,886 sq.ft. bluff lot located 1 lot east of the subject property. The property lines extend beyond the bluff and the owner indicated there is about 140, useable depth. It is estimated that the site has approximately 20,000 sq.ft. of useable ground. C-2 is a 1991 sale of a 9500 sq.ft. lot located approximately 1 block northwest of the subject. It has a partial Kenai River and Cook Inlet view, and was purchased for use as a building site. The City of Kenai indicates water and sewer was not to the site and the buyer subsequently purchased a utility easement from the adjacent property owners and extended water and sewer approximately 68',from Overland Avenue to the property. The appraisers were unable to confirm the details with the buyer and have estimated the additional costs for water and sewer between $2,000 and $3,000. C-3 is a 1991 sale of a 9200 sq.ft. irregular shaped non amenity lot fronting on Upland Street approximately 1 block northeast of the subject. It was purchased by an adjacent property owner. The seller indicates that it was purchased for future development of summer housing or an RV park but remains vacant to date. C-4 is a current listing of two contiguous non amenity lots totaling 8640 sq.ft. for sale by owner. The seller is asking $20,000 with 20% down and terms. The property is located at the southeast corner of Peninsula Avenue and Broad Street, is wooded, and all utilities are available. C-5 is a current listing of the previous sale, C-1, which is for sale by the owner. The owner is asking $95,000 with owner financed terms which were not disclosed. No recent sales were found of lots with a similar easement limiting the highest and best use. There have been historic sales in the past of various lots which have limited utility due to small size, limited access, etc. This type of property sells as excess to an adjacent site. Analysis of these sales indicate a discount of approximately 55% to 75% of the unit value. Considering the subject's small size, irregular shape, unknown fill and easement a 75% adjustment is used in the market data analysis. After adjustments, the five comparables used indicate a range in value for the subject from $.94/sq.ft. to $2.04/sq.ft. Considering the subject's limited use, a value is concluded toward the lower end of the range at $1.00 per sq.ft. or $1.00/SF X 7667 SF = $7700 (R) r 10. That maps, plats and exhibits included herein are for illustration only, as an aid in visualizing matters discussed within the report. They should not be construed as surveys or relied upon for any other purpose. 11. That no opinion is expressed as to the value of subsurface oil, gas or mineral rights and that the property is not subject to surface entry for the exploration or removal of such materials except if expressly stated. 12. That no detailed soil studies covering the subject property were available to the appraiser. Therefore, premise as to soil qualities employed in this report are not conclusive, but have been considered consistent with information available to the appraiser. 13. That, since earthquakes are common in the area, no responsibility is assumed due to their possible effect on individual properties. 14. In computing values, the figures have been rounded off to the nearest significant amount. 15. This appraisal is made in accordance with the standards of practice of the Appraisal Institute. 16. In this appraisal assignment, the existence of potentially hazardous material and/or the existence of toxic waste, which may or may not be present on the property, was not observed by me; nor do I have any knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The existence of potentially hazardous waste material may have an affect on the value of the property. The client is urged to retain an expert in this field, if desired. FILE N0. K92-061 ADDITIONAL COMPARABLES ITEM Suq.el Prop" COMPARABLE NO. (� COMPARAOLE NO 5 COMPARAKE No. 6 Address Tr.A,M NjaWAL Lot 5, S A, Blk. 7 Lot 7, Blk. 20 vg Sign C+TK OTK Pro.imn to BLOCKS 1 Lot . saw$Price s s 20,000 Is 95,000 11 Nice s �' 2.31 is 4.75 * 1 Data Source Seller Seller Date OI Saleand DESCRIPTIONCRIPTION" DESCRIPTION '" DESCRIPTION •1' FStocauon Time Adlu.lmeM t — 1 I IeNNw� i +1.16 Bluff1 ; Size 7567 $640 27,RR6— i —•Ii--- : I — z I I Access nra�rvml Paved Nome 1 -1.73 Nme 1 -3.56 or Financing I I Ciance.slon.am A (Total) ❑ Plus. ® Mmu.l 1 .57 1.74 ❑ mu.: ® Mims. Is 3.56 1.19 ❑ Plus: Q MWA s of Subject T The undersigned does hereby certify as follows: 1. We inspected the subject on 5-20-92. 2. We have no present or contemplated future interest in the real estate which is the subject matter of this appraisal report. 3. We have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 4. To the best of our knowledge and belief the statements of fact contained in this appraisal report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. 5. This appraisal report sets forth all of the Limiting Conditions (imposed by the terms of our assignment or by the undersigned) affecting the analysis, opinions, and conclusions contained in this report. 6. This appraisal report has been made in conformity with and is subject to the requirements of the Appraisal Institute. 7. No one other than the undersigned prepared the analysis, conclusions, and opinions concerning real estate that are set forth in this appraisal report. S. The real property which is the subject of this appraisal report, was valued as of May 20, 1992. File No. X92-061 71 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1134-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.040(c) BY REQUIRING THAT A LESSEE OF AIRPORT LANDS MUST HAVE EITHER LEASED FOR A PERIOD OF TWO YEARS OR COMPLETED DEVELOPMENT IN CONFORMITY WITH A DEVELOPMENT SCHEDULE BEFORE HE HAS A RIGHT TO NEGOTIATE A PURCHASE AT FAIR MARKET VALUE. WHEREAS, the Federal Aviation Administration (FAA) is concerned that lessees of Airport Lands may be leasing property with the intention of subsequently purchasing the property by negotiation, and thereby avoiding competitive bidding; and, WHEREAS, the City and FAA have agreed that a two-year waiting period will reduce the number of occurrences of such leases; and, IT years delaying purchases until development is completed or two years have passed is in the best financial interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 22.05.040(c) be amended as follows: 22.05.040(c) If the tract of land (airport or otherwise) proposed to be sold is leased land where the lease sets forth a development schedule, [UPON WHICH SUBSTANTIAL IMPROVEMENTS HAVE BEEN MADE,j the lessee may, at his request, negotiate the sale of said land at not less than fair market value. The current lessee obtains this right to negotiate a sale only after he has leased the land for the two-year period immediately preceding the sale or the lessee has to the satisfaction of the City Manager, completed development as detailed in the development schedule which has been incorporated into the lease agreement this condition applies to Airport Lands leased after June 1, 1986). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of May, 1986. TOM WAGONER, YOR 47— ATTEST: Jybt Whelan, City Clerk • 0 First Reading: May 7, 1986 Second Reading: May 21, 1986 Effective Date: June 21, 1986 1791-1991 CITY OF KENAI vu / !Q/ 210 FIDLGO KENAI, A ALASKA 911611 TELEPHONE M - 7M FAX 907-283-3014 MEMORANDUM TO: Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: July 8, 1993 RE: Dennis Svarner/Robert O'Connell Land Sale At the July 7, 1993 City Council meeting, Ms. Sandra Vozar objected to the sale of Tract A, Kenai Municipal Reserve No. 1 to the above referenced lessees. I would like to assure Council this sale was in line with our normal sale policy. However, Ms. Vozar has brought to our attention an inconsistency in the City Code. As a brief history, the City entered into a 99 year lease with the lessees on March 5, 1985. The lease application was approved by the Planning and Zoning Commission on August 8, 1984 and by the City Council on February 2, 1985. The original construction completion date was September 30, 1985. The Planning and Zoning Commission and Council granted three extensions to the construction completion schedule. In March of 1992, I contacted the lessees and told them they were able to purchase the property under KMC 22.05.040 (c). They opted to proceed with the purchase, at fair market value, as specified in the code. A copy of the appraisal is attached for your information. Also attached, is a map of the area and Borough assessed values. Note the subject property is assessed at $6,400 and sold at $7,700. An example of another sale to a lessee who leased property for two years and had not made substantial improvements, is a lot to Walter Craycroft in August, 1990, for the property behind his dealership building. It is the City's policy to tell prospective lessees they may purchase the property after it has been leased for two years. Attached is a copy of Ordinance No. 1134-86. The introductory language in the ordinance clearly indicates the intent of the ordinance to allow leased property, without substantial improvements, to be sold to the lessee. The administration's opinion is the specific language of this ordinance overrides any inconsistency alleged by Ms. Vozar. Also, note the words "upon substantial improvements have been made," were deleted from KMC 22.05.040(c) by this ordinance. It was clearly the intent, and has been our policy, that once the property was leased for two years the property could be sold to the lessee. When this code revision was made, the reference to substantial improvements in (d) should also have been deleted. It is the recommendation of the administration that Ordinance 1558- 93 be adopted to clarify the code. Under 22.05.040 (c), the words "where the lease sets forth a development schedule" should also be deleted. This would allow older leases, some of which do not have a development schedule attached and may have a building on the property, to be sold to the lessee. /kh Attachments 07-08-1993 12:10PM PROM PLANNING/ASSESSING* TO B2933014 P.01 ♦�� .`OA707106 04707115 A 04707308 / / ♦ ♦ `� �� ' (� } / �� s '� - Od07��99' 04707110 ;`'.♦�.'-�'' ,[i�7071 1 a r2,^C 0a7o7206 '` '- 21' �+-`' 1_A♦,♦ ♦ �f ♦ ♦♦`�`p4707205♦♦�, �' ,'' 20 \, 04707126 �. 4� 1' ♦r�\ ,�-,/`. 047071,25\'. ` �l ' - 047071 12 ,� ' ,,•''� �`,� ` 70860T �1;'''yoa7o7202 ♦. ' -' .', , '♦;�� �! , 04707203'-Ii � ♦,`�j r`. ; 19 047071 19'' 000712311�, 04708606 `, `„- 1 `�`c'' 16 ' 04708609 •' 04707 120 i ` 7071 f 0 4 ,_ 04708805 ,-- -- `d4707 �' i 408 �, ��, TOYON [k I r ♦` ' 6 14) 2 UT OA709 04708610 470861 , 1 n -- . _ R. B O470Ss12 KENA I MUNICIPAL RESERVE NO, 8 470930 7 04709307 04 o�'Cam° % � r � r 6 ! a r J• O 1C r 1° % ' 0470 408 % % 1 `♦ ---------- LS *' 047g85C,\ wc.�w�na ��vbn r .nrar. �rwr +rr • w . �rAw �wrr NORTH Illr �� N Ali 1/M. KiNAI P§NikSIAA 1104101J!'H 41,13, DIVISION PARCUS O470MO. 0470l611. 0470=7, 04700= .�.. I. .11 � ..►N I �-M. A TOTAL P. (4) the minimum acceptable offer for the land (which shall be its appraised fair market value), (5) the terms under which the land will be sold, (6) any limitations on the sale of said land, (7) the time and place set for the auction or bid opening, (8) the amount of deposit to be submitted with each bid in order to cover the City's expenses such as survey, appraisal, and reviews, (9) any other matters concerning the sale of which the City Manager believes the public should be informed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 21, 1993 Adopted: August 4, 1993 Effective: September 4, 1993 (7/9/93)kh Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1558-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.040(c) and (d) TO CLARIFY LESSEES' RIGHT TO NEGOTIATE THE SALE OF THEIR LEASED LAND, AT NOT LESS THAN THE FAIR MARKET VALUE, AFTER LEASING THE LAND FOR A TWO YEAR PERIOD. WHEREAS, Ordinance No. 1134-86 amended KMC 22.050.040(c) by requiring that a lessee of lands must have either leased for a period of two years or completed development in conformity with a development schedule before he has a right to negotiate a purchase at fair market value, and WHEREAS, it appears KMC 22.05.040(d) was not amended to reflect the intent of Ordinance No. 1134-86, and WHEREAS, it is in the best interest of the City of Kenai to clarify the above -mentioned ambiguity. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 22.05.040(c) and (d) be amended as follows: 22.05.040(c) If the tract of land (airport or otherwise) proposed to be sold is leased land [WHERE THE LEASE SETS FORTH A DEVELOPMENT SCHEDULE], the lessee may, at his request, negotiate the sale of said land at not less than the fair market value. The current lessee obtains this right to negotiate a sale only after he has leased the land for the two-year period immediately preceding the sale or the lessee has to the satisfaction of the City Manager, completed development as detailed in the development schedule which has been incorporated into the lease agreement [(THIS CONDITION APPLIES TO AIRPORT LANDS LEASED AFTER JUNE 1, 1986)]. 22.05.040(d) If the tract of land proposed to be sold is not leased land, [OR IS LEASED LAND WITHOUT SUBSTANTIAL IMPROVEMENTS,] then the tract of land may only be sold by outcry auction or by competitive sealed bids. If the tract is to be put up for such competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall also be posed in at least three public places within the City at least 30 days prior to the date of sale, and such other notice may be given by such other means as may be considered advisable by the City Manager. Such notice must contain: �^ (1) the legal description of the land, I (2) a brief physical description of the land, (3) the area and general location of the land, it it O to O J O to ^ to O O O C O O C p C O O C p m O t zit :" CD CO N C N O to W O C O O O p S N p 00 O it N C 10 coto N 00 N O O O C m O to C S _ O 0 M M it O -s D rl .O C, J .+ J a 'i m co p O ul$ O L: N p s M S it-N it d '•. 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U i w i Y G Y i i i i Y V4 W =M Y Y w Y -C U "� DR« o Y « Y a -C o y Cox m o H x O o U_ qC ada as a L--• 04 H M « « E p aO E U O o U E~.. U y g'aa ..1% 9 o •+ w Wa o u ad ad o 2C to 1--� P m '.J• 9 2. O a coati w o w 9-/ KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 21 b. Asked Kornelis of the status of placing the curb in front of the old street entrance to the Senior Center. Kornelis stated he would investigate, but believed it was on the list of work to be done by Tri-City Construction this summer. Kornelis stated it will be a barrier curb. C. Requested Administration to contact the Boy Scout leader who has come to council meetings and requested donations to purchase flags to be placed around the city on special occasions. Monfor stated she has been disappointed in that the flags were not displayed on Flag Day and were not on July 4, but were on July 5. Monfor stated she did not mind donating the money to purchase flags, but suggested the city think twice about giving the donation if they were not going to display them on the appropriate days. d. Monfor requested a plant be sent to KMart for their grand opening. Freas will order one for delivery. e. Monfor complimented the Chamber, Beautification Committee, etc. for the work done for the Fourth of July celebration. Measles - Nothing. MaCoasey - Will not be at the next meeting. Asked if there has been any news in regard to the McLanes matter. Brown stated no. Smalley - Asked for an update of the grass contract on the airport. Ernst reported it is in progress. The contractor has seeded the area and is fertilizing, etc. Williams - Suggested as a courtesy that council stay clear of City Hall for a few days so that Mr. Manninen will have time to familiarize himself with Kenai. Smalley suggested Manninen attend the work session July 13 as well. ITEM K: ADJOURNM NT The meeting adjourned at 9:35 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 20 building. It could wash out my RV park. It could wash out anything that's there. There's a lot of force of water that comes down those roads. And the sale, the way I read the City Code, is not correct and this sale should not have happened. It's not only, Mrs. Swarner is on the Council and even with that, there should have been a hands on thing that said, hold on a minute. Let's, let's advertise. Let's take it to the Council. Let's get some more input on this. That's all I have to say. WILLIAMS: Thank you very much Mrs. Vozar for bringing this to our attention. Are there any questions from Council? All right. What I'm going to do... SMALLEY: I was, I just was thinking, I didn't believe Mrs. Swarner was on the Council back in 84-85. WILLIAMS: That's probably very true. VOZAR: She was in 92 when this sale took place. WILLIAMS: What I'd like to do is direct this entire matter to the Administration, both the attorney's office and the engineer's office and ask that they come back to the Council with a report on this. Is that all right with Council. All right. We'll take a look at it and look into it... END OF DISCUSSION. J-2. council Bookey - a. Stated he saw a water truck without a meter getting water from a hydrant and it was not a city vehicle. Kornelis stated he would investigate. b. Requested McGillivray to speak to the summer crew in regard to driving lawnmowers on city streets. C. Stated he had received a telephone call from Councilwoman Swarner. She requested him to ask about the fires used by tent campers on the Dragnet property. Are they allowed. Chief Burnett stated warming fires are allowable. No permit is needed for warming fires. Monfor - a. Monfor stated she received a telephone call from Councilwoman Swarner as well. She was concerned (and wanted to bring to Council and Administration's attention) about the amount of campers on the bluff by the congregate housing facility. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 19 pave it and there's this huge drainage ditch going through it that's fifty feet over the bluff, can you imagine how much dirt the City's going to have to dig up and how much is it.going to cost the City to take care of it and then is the Kenai Vision Center going to come back and say to the City, you replace the pavement that you've dug up and you've also disturbed our business because now we don't have a parking lot for our Vision Center. I feel that, and I would like the City to rescind this sale for the property and revert it back to Municipal Reserve and to leave it that way and I would like to see O'Connell and Swarner be given a letter from the City as to not to proceed with any improvements or drawings until this thing can be settled because if they're going to have some engineering plans to build this Vision Center, although it's been on the book since 84 as far as they're concerned, they could have already had some design work done and then they're going to come back to the City and say, hey, we just spent $10,000 for an engineer to design this building and you're saying, after you sold me the land, and now I can't buy, I can't ah do my building. But it's something that seriously needs to be looked at. If, right now, we have not had, I've heard today, about watering the flowers and the grass here in the City of Kenai and it's and we've been busy watering. We have not had much rain in the last three weeks. I invite any of you to come down there and look at that drainage ditch and you will see in the last three weeks the water path that has cut through there. That has gone down there just from the water we've had in the last three weeks and we have disturbed a lot of dirt with our RV park. You can clearly see the water path. Those roads, every one of them was designed in Old Town to drain in that drainage ditch and if you're wanting to improve Old Town and do things with Old Town, this drainage ditch is important unless you're going to tear up all the streets and revert them in a different direction not to do it. When my bluff washed out and I had this big hole in here, because the City didn't clean out the drainage ditch, you know what the City told me? "You've got a problem Mrs. Vozar." In fact, when I had a fit, did they finally bring a backhoe over and some equipment and put some dirt in that hole and I had the check that I wrote to the City of Kenai to pay for the City's equipment to fill a portion of that hole. And I don't feel that it's fair and it jeopardizes my piece of property. I'm putting, this could have, this would have washed out by the Toyon Villa. My KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 18 If you'll look back on the lease, which is Page 10, there's a copy of the lease, there is a lease schedule. It says Lease Application and the items are highlighted. It's Page 11. The intent was to put on a Kenai Vision Center. The property to be used is for patient parking and the description of development was supposed to be asphalt on a gravel base. Time schedule for the proposed development is beginning date March 85, proposed completion September 85. 1992, no development had been done. None. So therefore, under the first section, it was told to me that the City was selling the property under, oh what is it, 22.05.040, section (c) there was no development done. The lease, from my understanding from the attorney that I talked to, was an invalid lease. They had not lived up to the lease agreement and then were allowed to purchase the land without making any improvements to it either without having to go to outcry auction. And you will see, there's a page here, up, it's marked number 15 at the bottom and at the top it has recording information, page 0258 or book, page 819. And this is the plan that was with the lease and it states the proposed vision center and the parking and that was what was recorded with the document in 84 that was supposed to be done and it wasn't done. Now I, I'm doing my RV park and I get a letter from Jack La Shot that says and it's page 16, it says, and it's dated April 26, 1993, "Mr. & Mrs. Vozar. The City had 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. 1. If needed, city crews will work with you to ensure proper drainage into this structure." My question to the City is, is this an important drainage ditch or is this not an important drainage ditch. Was it in the, was it responsible for the City to sell this piece of property for seventy-seven hundred dollars and, God knows, everyone of you and everybody in the City would have stood in line to buy that piece of property for seventy-seven hundred dollars just to sit a camper on it every year. This is the point where the Kenai Visitors Center, you go to the Visitors Center and where do they send you, to Beluga Point. �^ Right down there and the City sells the piece of property for seventy-seven hundred dollars. Now, if these people are allowed to put a parking lot on top of this piece of property and they KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 17 I am an adjoining property owner. I was never notified, that this tract of land, No. 1, was leased or No. 2 had ever been sold. So, I said to them, to the City, I don't understand, how can this piece of property be sold. Why didn't I get a certified letter or something. They don't have to send a certified letter. The City does not have to send a certified letter to me because the property had already been leased by these people for two years and the City code says, "if the tract of land proposed to be sold is leased land where the lease sets forth a development schedule, the lessee may, at his request, negotiate of said land at not less than the fair market value." That was what was done. The current lessee obtains this right to negotiate a sale only after he has leased the land for a two-year period immediately preceding: the sale or, the lessee has the satisfaction of the City Manager, completed development as detained in the development schedule which was incorporated into the lease agreement. But that was the section that was under, that was highlighted for me. This, I took this to an attorney. I could not go to an attorney locally because myself and O'Connell/SWarner use the same attorney, Rick Baldwin, so I had to go outside to an attorney. The attorney read the very section, he asked me to get a copy of the Code and I gave it to him. Then, the very next item (d) says, "if the tract of land proposed to be sold, or leased land without substantial improvements, then the tract of land may only be sold by outcry auction or by competitive sealed bids. WILLIAMS: Would you read that sentence again, please sentence (d) . VOZAR: It's not, it's number 9, page 9 at the very bottom of your corner, (d). WILLIAMS: (d). Would you please read that again. VOZAR: "If the tract of land proposed to be sold is not leased land, or is leased land without substantial improvements, the tract of land may only be sold by outcry auction or by competitive sealed bids." This is a vacant piece of land with no substantial improvements on it. Now, we can go back to the first part, Schedule C and it says that, Page 8, "if the tract of land proposed to be sold is leased land where the lease sets forth a development schedule..." KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 16 and this is the RV park and this is called the Municipal Reserve and there is a drainage ditch right here that all the streets in Kenai are built to drain into this municipal reserve and then the water goes down the municipal reserve into the Inlet. And what I am concerned -about is in 1986 we had a bad rainfall and this is what happened to me at the Toyon Villa. A huge chunk of land ... I lost a huge chunk of land�at the Toyon Villa because of this drainage ditch. And, in the article in your ah, little packet here, you'll see this chunk of land and this is Richard Strong standing there just above the chunk of land, and he says in the article on the very next page, "we watched big chunks of the bluff caving in. It happened pretty fast. Strong explained the area is a natural drainage for Old Town and a lot of water came his way in during the rainy weather. Strong alerted the City of Kenai and plenty of equipment and workers showed up, unplugged the drain and got the water diverted back where it belonged in short order." There's a drainage ditch there that all the roads drain into. What concerns me is I've come to find out that this drainage ditch, the Municipal Reserve, has been sold by the City of Kenai. This particular lot was sold right where the drainage ditch is. Now this piece, this lot, is right, has a fantastic view of the whole Inlet and the Swarners and O'Connells purchased it. Mr. Swarner and Mr. O'Connell purchased it from the City of Kenai for $7,700 which is what it was appraised for. The reason that tract of land, the tract of land two tracts over from it is owned by Hakkinnen and he wants $100,000 for his. The reason that tract of land was sold for $7,700 is that Swarners and O'Connell had to give the City of Kenai an easement 20 feet, or ten feet on both sides. You'll see a copy of the Quit Claim Deed in your packet. You'll see a copy of the Grant of the Easement and they gave an easement on both sides of this drainage ditch so that the City could take care of any kind of drainage problems. Now this land, that was sold, was sold under Title 22 and that's in your packet also. There's a little number at the bottom of your page that says number seven. And, on it, it was explained to me at the City on page 8, if the tract of land, this was land was leased by the way, by the Swarners and O'Connell from 1984, I believe it was until they purchased in November of 192, last year. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 15 McComsey stated it does not matter who they go through, they will still be going through Lloyd's. Brown stated he did not believe that is a fair characterization. Good domestic companies have reserves of their own to handle losses and are making money. If the City deals with Lloyd's directly, it will not know what syndicate is handling it. Brown stated he cannot get a list. Brown reminded Council he discussed this matter with them last year and Lloyd's situation has deteriorated since then. Brown continued this is a situation where the only reason to buy insurance is to transfer the risk and Brown stated he did not believe the City will be doing that. The policies have to be good for twenty years. Measles stated Lloyd's is not defunct, but some of the syndicates are insolvent. Measles added they will not know until a claim is filed. Bookey asked if the City had another broker to go through. Brown stated he has to deal with this kind of insurance through one broker for this insurance. Brown stated if he told the broker that he did not want certain types of insurance and if that is all he could get for him, he would go to another broker. Brown stated he does not have that leeway at this time and has to deal with this broker. The broker has stated this is the only insurance he can get. Brown stated he has talked with other brokers and they have told him there are other good domestic companies that handle this type of insurance. Williams stated the Council will be taking a leap of faith. Brown stated the discussion will be back again next year. J-1. citizens VERBATIM Sandra Vozar - My name is Sandra Vozar and my husband and I own the Toyon Villa here in the townsite of Kenai in Old Town and we also own the new RV park that's going in. However, um actually I have a handout that if you could pass it down everybody could look and see what it is that I'm talking about. What I'm concerned about is in 1986, we have a drainage ditch that's directly in front of the Toyon Villa. It's called the Municipal Reserve and you'll see this. This is the Toyon Villa �T KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 14 I-Z . City ]Langer No report. I-3. Attorney Graves requested authorization from Council to file an appeal of the HEA decision by Judge Link. Council concurred. I-4. City Clerk Freas referred to her memorandum included in the packet delineating when ordinances for placement of propositions on the October ballot must be passed. I-5. Finance Director No report. 1-6. Public Works Director No report. I-7. Airport Manager No report. Williams referred to Brown's memorandum included in the packet regarding the financial troubles of Lloyd's of London and its affect on the City of Kenai. Williams asked Brown if the insurance payment will be made tomorrow to purchase the City's Public Officials and Law Enforcement insurance. Brown stated yes. Williams stated the Council has authorized Administration to proceed with the present broker. The broker will be purchasing coverage from Lloyd's of London. Williams stated the City has some concern in regard to Lloyd's financial problems. McComsey asked where else this type of insurance could be purchased. Graves stated in the AML-JIA discussion before Council, their representative stated they could get it out of London, not Lloyd's however. Graves added Cigna carriers this type of insurance. Measles stated if Lloyd's goes under, there will be many businesses throughout the world that will come to a standstill. Williams stated if that happens, the City will be liable. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 13 asked if the City has handled traffic control and if Administration could authorize overtime pay for the Police Department for the opening. Police Chief Morris stated he has discussed the matter with the KMart manager. KMart is making arrangements to have personnel from Guardian Security to work traffic control in the parking lots. The Kenai Police Department will be doing traffic control on the streets as needed. Morris stated he has advised KMart not to use Guardian Security on the streets. c. Okha Relationship - Williams reported there are funds available specifically to the State and the University of Alaska for developing business training programs to teach Russian citizens to be capitalists. Part of the training will take place on the Kenai Peninsula. The University is hoping to have a center for Russian studies here for capitalism and democratization. Williams requested the City authorize a Friendship Committee to be set up through the auspices of the Mayor's office. Williams added he did not believe the Committee would come to Council for funding. The Committee would be set up as an established recognized committee for the purposes of finding grants through Sister -Cities, the State of Alaska, etc. and to get involved in the exchange program. Bookey stated he believed it to be a good idea to maintain the Sister -Cities relationship. Smalley agreed. Monfor agreed, as long as it is not a commission. Williams added the grant monies may have to be funneled through the City's accounting system. Brown stated he did not have a problem with that. Williams stated the first group of people will number about 50 and will stay in the area for as much as nine months. There is a concern as to how to get the visitors to go back after they have been here for that long. Williams stated he will get in touch with a few of the committee members and set it up. 4. work session/Tovnsits Historic Zoning code - A work session for July 13,.1993 at 7:00 p.m. was set by Council. This will be a joint work session with the Townsite Historic Task Force, Planning & Zoning Commission and Council. S. Summer Work Crags - Williams commended the Parks & Recreation Department and work crews for all their good work. Williams received a number of compliments over the weekend on what a beautiful city Kenai is. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 12 congregate housing project could be reappropriated for the purchase of the fire truck. Total cost of the truck is $525,000. The city's portion would be $157,500. 3. Highway Crossings - Williams believes this should be fully funded with federal highway funds. 4. Parks & Recreation Upgrades and New Construction - Williams suggested restroom facilities and permanent electric power be placed at the picnic area along side the ball fields. This area could then be used for the July 4 booths, etc. The area could also be used by other groups who could have the power turned on by HEA and be billed for its use. Williams also suggested up grade of dugouts and covered stands on three of the ball fields. Williams suggested there are blueprints available from a Former design or the design work may be done in-house. Williams also stated the Bernie Huss Trail is in need of repair and maintenance. Williams stated his list of projects' total costs would be $1,475,000. However, the City's portion of cost would be $412,000. This amount includes all on his list except the highway crossings. Williams added it appears there will be more capital money available next year. The Legislature will have additional settlement monies. Williams added he though the Legislature seems to want to spend the settlement monies as they come in. Williams stated he believes the City could receive $1 million. Smalley stated he enjoys softball, but thought $150,000 for upgrades of dugouts, etc. was a lot for the small amount of time the fields are used. Williams stated he is ashamed of the concession stand and would like to have covered stands so that he will not have to sit in the rain to watch the games. Williams stated he would like Council's additions and ideas. Williams added he did not want to start "mega" projects this year. Monfor asked if they would be discussing this list again. Williams stated between now and September 1. Monfor suggested a tent camping park and its amenities should be placed on the list. Smalley added if the municipal park is reopened to camping, upgrades of those restroom facilities will be needed. Monfor suggested an advertisement be placed in the paper asking the citizens for suggestions. b. KX&rt opening - Williams stated the KMart personnel are concerned about traffic control for the grand opening. Williams KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 11 of the memorandum was to get Council's concurrence as to whether the crossings are needed and if yes, whether the design should be done in-house or hired out. Kornelis added the purchase would probably come from contingency. Measles was concerned whether there will be time for the work to be completed in-house. Kornelis stated he believed there would be no problem in getting the software quickly and the engineering technician believes there would not be a problem getting the work done in time. Measles again stated his concern there would not be enough time to pass an ordinance, etc. as Kornelis had stated. Kornelis stated a transfer of funds would be in the form of a resolution. The purchase order for purchase of the software would be included in the list of purchase orders over $1,000. These items would be included in the July 21 packet. They will have August and September in which to do the work. MOTION: Councilman Smalley MOVED that Public Works continue with the Swires, Highbush and McCollum and other crossings as recommended and develop a resolution to transfer funds to purchase the AutoCAD system as stated in the La Shot/Clark memorandum of July 2, 1993 which was included in the packet. Councilman McComsey SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. BREAK: 8:17 P.M. BACK TO ORDER: 8:36 P.M. I-1. Mayor a. Preliminary Capital Improvement List - Williams referred to the list distributed prior to the meeting. Williams reviewed the list with Council. Williams stated his list costs were based on a 70-30% split with the State. The State to carry the 70% of the cost. 1. Animal Control Shelter - Anticipated cost is approximately $400,000. City's share would be $120,000. 2. Fire Truck - Williams spoke with Representative Navarre. Navarre stated he felt excess funding from the KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 10 Monfor asked if Administration has discussed the matter with Carr's. Williams stated Carr's is a lessee and does not own the property. Monfor asked if Mr. Norville (owner of the property) has been contacted. Monfor suggested the cost could be split. Williams suggested a block wall could be built. McComsey stated a block wall would deteriorate quicker. Monfor suggested replanting the area with natural habitat. Smalley agreed. Measles stated anything placed there will be a problem with regard to vandalism, etc. Smalley encouraged discussions with Norville to see if he will work with the city and pay half the cost. H-13. Discussion - Kenai Spur - Water and Sewer Crossings. A memorandum from Kornelis, included in the packet, explained that the State Department of Transportation has requested that design of water and/or sewer mains to cross the Spur Highway be completed and provided to them prior to their scheduled reconstruction work. The City must do the design work and pay for that construction work, but the design would be handled by the State as part of their project. Kornelis' memorandum stated his Department recommended a water and sewer main line crossing at Highbush Lane and Swires Road. They also recommended a main water line crossing at McCollum Drive. Kornelis' memorandum referred to additional information in the packet regarding the possible purchase of AutoCAD software which would enable in-house design of the crossings, as well as other future in-house projects. Kornelis requested direction from Council whether to proceed with the crossings and if the AutoCAD software should be purchased or design of the crossings should be hired out to consultants. Williams suggested more crossings are needed. Kornelis stated the work has already been bid. Measles asked if there is someone on staff that knows how to use the AutoCAD system. Kornelis stated the engineering technician has received training for its use and she will teach La Shot and himself how to use it. Kornelis added purchase of a plotter will not be necessary as the Borough and other consultants already have that equipment and will allow the City to use it. Smalley asked what funds will pay for the cost. Kornelis stated he would have to review the budget. Kornelis stated the purpose KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 9 suggested Kenai's code be repealed which would eliminate problems that return every year and the Clerk's time involved in dealing with the re -licensing. R.L. Roper - Owner, Inlet Transportation. Roper stated he was prepared to pay for all the permits and collect sales tax from his drivers. Roper stated he believed there are enough regulations as they are. Roper stated he would like to have the rules and regulations enforced at the airport. Williams stated the problem is having the operator of the car paying sales tax to the Borough. The Borough does not seem interested in changing their ordinance in order that the sales tax can be collected from the drivers. Williams stated the driver is identified as a dependent contractor. The state statute has been amended in regard to workmen's compensation, etc. The cab company is not required to have workmen's compensation when the drivers are on contracts. (A copy of the amendment was included in the packet.) Nick Schulcraft - Driver for Alaska Cab Company. Schulcraft stated he begins his work $65 in debt each day. That is the amount he pays to the company for lease of the vehicle. Schulcraft stated he drives to Nikiski, Ninilchik, Homer, etc. Schulcraft asked how he would collect sales tax for all those different places when sometimes the fare starts in Kenai (5% sales tax) and ends in Homer (different sales tax) or visa versa. Monfor suggested a resolution be drafted to make a formal request to the Borough that they amend their code to allow cab drivers to register in order to collect sales tax. There were no objections from Council to bring forth a resolution in regard to cab drivers and sales tax. H-12. Discussion - Fence Between Carr's and Bernie Huss Memorial Park. Williams referred to the information Kornelis prepared with regard to the cost for placement of a fence between the Carr's property and the Bernie Huss Trail. Williams stated he also included the fence, as well as some improvements to the trail, on his preliminary capital improvement list. T KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 8 H-8. Ordinance No. 1557-93 Increasing Estimated Revenues and Appropriations by $521,627 in the General Fund for Purchase of a Fire Department Aerial Device. Approved by consent agenda. H-9. sot Hearing - Hoard of Adjustment - Appeal of Mary and Jack Keck. MOTION: Councilman Smalley MOVED to set the Board of Adjustment hearing for 7:00 p.m., July 21, 1993. There were no objections. SO ORDERED. H-10. Approval - Petition to Vacate the Right -of -Way and Utility Easement, Government Lot 12, Section 1, TSN, R11W, S.M. NOTION: Councilman Smalley MOVED for approval of the vacation of the right-of-way utility easement, Government Lot 12, Section 1, TSN, R11W, S.M. and Councilman Bookey SECONDED the motion. There was no discussion. VOTE: Williams: Yes Bookey: Yes Swarner: Absent Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. H-11. Discussion - Vehicles -for -Hire. Williams stated he requested this item be included on the agenda for discussion. Williams added the issue of the payment of the license fees and who should pay them has been decided. However, Williams stated he wanted to inform Council that he has discussed the matter with the Borough and has learned the Borough will not register cab drivers to collect sales tax. Williams stated the issue of sales tax is not resolved. The Borough is reluctant to expand their code in order to register the drivers. Williams KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 7 H-2. Purchase Orders $zceeding $1,000 MOTION: Councilman Measles MOVED to approve the purchase orders exceed $1,000 and Councilman Smalley BECONDBD the motion. Williams questioned the repainting of a police car for the Airport Manager's use. Brown stated it was included in the budget. Ernst stated another vehicle is needed because the half- time employee many times is using the truck when doing maintenance, etc. There are occasions when Ernst cannot respond to airport business because he does not have the truck. Ernst has been using his private vehicle for airport business also. Ernst stated the half-time employee works year around, i.e. half time for airport and half time for streets. Ernst added the vehicle to be painted is a retired police car. H-3. Ordinance No. 1552-93 - Increasing Estimated Revenues and Appropriations by $95,172 in the Capital Project Fund Entitled "Airport Safety/Security Gates." Approved by consent agenda. H-4. Ordinance No. 1553-93 - Decreasing Estimated Revenues and Appropriations by $13,975 in Two Senior Citizen Funds. Approved by consent agenda. H-5. Ordinance No. 1554-93 - Amending KMC 14.20.290 Entitled, "Appeals - Board of Adjustment." Approved by consent agenda. H-6. Ordinance No. 1555-93 - Increasing Estimated Revenues and Appropriations by $16,533 in the General Fund as a Result of Receiving Three Library Grants. Approved by consent agenda. H-7. Ordinance No. 1556-93 - Amending the Kenai Municipal Code by Enacting 23.40.140 and 23.40.150 and Amending 23.40.130 (Family Leave). Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 6 D-6. planning i Zoning Comission Smalley stated he was out of town and did not attend the meeting. Smalley added minutes of the meeting were included in the packet. Smalley reminded Council of a vacancy on the Commission. Williams referred to applicants for the position which were included in the packet. Williams recommended Charlie Pierce. There were no objections from Council. Clerk Freas will send the appropriate appointment letter. D-7. Miscellaneous Conaissions and Co=ittees Monfor reported there have been approximately 500 visitors a day at the Visitors Center this summer. Also a dedication program for the eagle display will be given on July 9 at the Visitors Center. -_10 0 41614-f7j E-1. Regular Keating of June 16, 1993. Approved by consent agenda. F-1. 6/28/93 J.Willians letter to Kenai Peninsula School Board. Approved by consent agenda. �VO-A-Y f • 1 : None. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 5 D-3. Harbor Commission Bookey reported there was no meeting in June. The next scheduled meeting is for July 12. Kornelis reported the ramp fee charges are progressing well. They have collected an excess of $30.00 each day. There have been some seasonal passes purchased as well. D-4. Library Commission Monfor reported there is no July meeting scheduled. Monfor reported over 300 children have signed up for the summer reading program. Also, there were 597 people in the library on July 6. D-5. Parks i Recreation Commission McComsey reported Parks & Recreation crews are having a hard time keeping lawns and flowers watered due to the dry weather and the increase in flowers and gardens needing to be watered. McComsey added Parks & Recreation Director McGillivray handed him a flyer describing a water wheel. The cost of the water wheel was discussed. McGillivray stated the water wheel can operate off of a fire hydrant and is very efficient. McGillivray requested Council review the information. McGillivray added he believed this type of equipment could be purchased with the Daubenspeck funds. McGillivray stated he believed there was approximately $70,000 in the Daubenspeck funds. Brown stated he believed this equipment could be purchased from that account. Brown added an ordinance would need to be passed to appropriate the money for this purchase. Williams stated he was concerned about the budget as the water wheel had not been included. McGillivray stated he was planning for next year. The wheel would not be received until spring. McGillivray reported new playground equipment is being placed at the Municipal Park and at the Fourth Street playground by the summer crews. Monfor complimented McGillivray and the crews for their work at the Municipal Park. Monfor stated she drove through and saw the park was being used by a number of people. McComsey requested an ordinance for the appropriation of funds to purchase the water wheel. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 4 NOTION: Councilwoman Monfor NOVED for adoption of Resolution No. 93-55 and requested UNANINOUB CONSENT. Councilman Measles SECONDED the motion. Williams asked if the total cost of the project will be ascertained with the design schematics. Architect Kluge was in the audience and stated the total cost of the development of the building will be included with that information. VOTE: There were no objections. 80 ORDERED. ITEM D: COXXI88ION/COMMITTEE REPORTS D-1. council on Aqinq Councilwoman Monfor reported for Councilwoman Swarner. Monfor stated the Council on Aging is presently reconvening the Task Force to compile a memorandum to Council suggesting what additional items could be added to the congregate housing facility. As requested by the City Council, the building committee will report back to the City Council at their first August meeting. Kornelis stated the amount of money left from the project will not be known until the contract is settled by Gaston & Associates. Monfor suggested the building committee could wait until the first September meeting before reporting. Williams agreed. It was also reported the Council reviewed the budget. The Council meals and rides. They will again date. D-2. Airport Commission on Aging, at their last meeting, suggested price increases for discuss the prices at a later Ernst reported the meeting minutes were included in the packet. The next meeting is scheduled for July 8, 1993. T KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 3 Smalley asked Graves if there is a recreational vehicle park with recreational vehicles parked there, would that be classified as adequate sanitary facilities. Graves stated the intent of the ordinance is to allow for a recreational vehicle with adequate sanitary facilities. Graves added the ordinance was meant to prohibit tenting on property where there is no sanitary facilities. Graves suggested an amendment to be added to paragraph (c) as follows: "A recreational vehicle, motor home, or camper with adequate self-contained sanitary facilities shall be considered to have adequate sanitary facilities for purposes of this ordinance." NOTION TO AMEND: Councilwoman Monfor MOVED to amend the motion with the addition of the change suggested by Attorney Graves. Councilman Smalley SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. VOTE ON AMENDED MAIN NOTION: Williams: Yes Bookey: Yes Swarner: Absent Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes NOTION PASSED UNANIMOUSLY. C-2. Resolution No. 93-54 - Transferring $4,000 in the General Fund for the City's Share of Alaska Municipal League Conference Costs. NOTION: Councilman Monfor MOVED for approval of Resolution No. 93-54 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. C-3. Resolution No. 93-SS - Awarding a Conti -act for the Architect/Engineering Schematic Design and Design Development Phases on the Project Entitled "Kenai Animal Shelter" to Kluge and Associates for the Not -to - Exceed Amount of $23,500.00. KENAI CITY COUNCIL MEETING MINUTES JULY 7, 1993 PAGE 2 They are lacking a building to use to house their program. Graeff added they are applying for a federal grant which funds building renovation. Graeff stated she wanted to inform Council of their existence. Graeff stated she understands the City has no building space available at this time and she will keep in touch with Kim Howard with regard to space availability. Graeff added their program will serve pre-school children aged three to five years old. Williams stated this would be the type of organization which he believes would fit into the Kenai Elementary School if the City purchases it from the Borough and rents it out to non-profit organizations. Williams suggested the health nurses could also be moved into the school as well. Williams added he believed it would be a possibility for the City to seek a grant from the State to place an elevator in the building and for the removal of asbestos, etc. Graeff stated that type of renovation work could fit into the renovation funding which she spoke about. Williams added first the October vote will decide whether bonds will be sold to build a new school. If the vote decides the people want a new school, he will start a committee to discuss this issue more. ITEM C: PUBLIC BEARINGS C-1. Ordinance No. 1551-93 - Establishing Section 13.10.060 of the Kenai Municipal Code (Providing Sanitary Facilities for Individuals Camping on Private Property). MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1551-93 and Councilman Bookey SECONDED the motion. Public Comment: W.L. Brown, a resident manager for a local recreational vehicle park. Brown stated he believed the ordinance, as written, will send the wrong signal to tourists who come to Kenai. Brown was concerned about the wording regarding "sanitary facilities." Brown stated recreational vehicles' tanks can hold several days of waste before needing to be dumped. Brown added he believed the ordinance needs to recognize recreational vehicles as "self-contained." 3 KENAI CITY COUNCIL REGULAR MEETING JULY 7, 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:04 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Bookey, Monfor, Measles, McComsey, and Smalley. Absent was Swarner. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: I-1, Mayor's Report - Preliminary List, City of Kenai Capital Projects 1994. Information Item No. 4 - J.La Shot's memo to KK regarding Thompson Park Sewer Interceptor (Phase I), and Thompson Park Sewer, Water Systems & Streets (Phase II) . Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. There were no changes to the consent agenda. Councilman Smalley MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. B-1. Qretchen Graeff - Kenai Headstart Program. Ms. Graeff reviewed the information regard the Headstart Program which was included in the packet. Graeff stated it appears they will receive funding for their program either this year or next. 10. Approval - Petition to Vacate the Right -of -Way and Utility Easement, Government Lot 12, Section 1, TSN, R11W, S.M. 11. Discussion - Vehicles -for -Hire. 12. Discussion - Fence Between Carr's and Bernie Huss Memorial Park. 13. Discussion - Kenai Spur - Water and Sewer Crossings. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council L. T -3- i F. 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees 1. *Regular Meeting of June 16, 1993. 1. *6/28/93 J.Williams letter to Kenai Peninsula School Board. H. NEW BUGINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1552-93 - Increasing Estimated Revenues and Appropriations by $95,172 in the Capital Project Fund Entitled "Airport Safety/Security Gates." 4. *Ordinance No. 1553-93 - Decreasing Estimated Revenues and Appropriations by $13,975 in Two Senior Citizen Funds. 5. *Ordinance No. 1554-93 - Amending KMC 14.20.290 Entitled, "Appeals - Board of Adjustment." 6. *Ordinance No. lSSS-93 - Increasing Estimated Revenues and Appropriations by $16,533 in the General Fund as a Result of Receiving Three Library Grants. 7. *Ordinance No. ISSS-93 - Amending the Kenai Municipal Code by Enacting 23.40.140 and 23.40.150 and Amending 23.40.130 (Family Leave). 8. *Ordinance No. 1557-93 - Increasing Estimated Revenues and Appropriations by $521,627 in the General Fund for Purchase of a Fire Department Aerial Device. 9. Set Hearing - Board of Adjustment - Appeal of Mary and Jack Keck. -2- AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 7, 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Gretchen Graeff - Kenai Headstart Program. C. PUBLIC HEARINGS 1. Ordinance No. 15S1-93 - Establishing Section 13.10.060 of the Kenai Municipal Code (Providing Sanitary Facilities for Individuals Camping on Private Property). 2. Resolution No. 93-S4 - Transferring $4,000 in the General Fund for the City's Share of Alaska Municipal League Conference Costs. 3. Resolution No. 93-SS - Awarding a Contract for the Architect/Engineering Schematic Design and Design Development Phases on the Project Entitled "Kenai Animal Shelter" to Kluge and Associates for the Not -to - Exceed Amount of $23,500.00. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission T -1- KENAI BEAUTIFICATION COMMITTEE July 13, 1993 Page 4 d. Shrubs Donated by Extension Service Kathy Wright had come down from Palmer to indicate which plants the city could have. e. Boys and Girls Club Plantings Breeden reported that she and Delilah Langenhuizen helped the children with this project. The Clarion did a nice story on the plantings and listed the names of all the children that participated. 7. PERSONS SCHEDULED TO BE HEARD 8 UESTIONS AND COMMENTS Benedict asked if Gerry Sparks had been thanked for the $100 donation she had made to the "Year of Beautification" project before she left for vacation? Also what happened to the money? Sparks said that she had donated the money for Merle Dean Feldman to purchase seed and trays for the project. Sparks offered to check into purchasing some roses from Bobby Jackson for $5.00 per pot to replace dead plants in the airport triangle. Swarner said she had talked to Nina Selby. Nina is home after her surgery and getting along pretty good with a walker. It is still too soon for her to attend meetings. Breeden expressed concern that the Parks & Rec summer hire might clean out the perenniel beds in the Fall. Swarner said she would talk to that department and ask them to leave the perenniel beds for the volunteers to clean and apply mulch over the plants. 9. ADJOURNMENT There being no further business the meeting was adjourned at approximately 3:45 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant KENAI BEAUTIFICATION COMMITTEE July 13, 1993 Page 3 e. Mowing Grass at Fort Kenay Bob Frates asked the Committee if it was under their jurisdiction to request that property be mowed. Swarner reported that the Church had possession of the property and they had asked the city to help maintain it. But the city cannot mow grass for any private property. After further discussion it was decided that this issue was something the City couldn't really do anything about. f. Thank you for Private Beautification Frates felt that several local businesses should be thanked for the extra e4forts they took in decorating in the "Year of Beautification". Breeden felt it was a good idea. And recommended they get a list from the Chamber of the different businesses. She asked the Committee to keep track of any businesses they would like to thank. 5. NEW BUSINESS a. All -America City Garden Donation Swarner reported that four cities of the 10 All -America Cities had donated plants for the garden which will be in Lief Hansen Memorial Park. She is looking into the cost of purchasing signs to identify the different plants. P. - a. Kenaitze Indian Tribe IRA Plantings A planting has been completed next to the Chamber of Commerce. b. Adopt -a -Park in Municipal Park Area No action has been taken by the Redoubt Homemakers. C. Cooperative Extension Service Sign and Plantings by Annette Saling The sign is installed and the flower bed has been planted. Several Committee members commented on how good the bed looked. Saling thanked Frates for placing the railroad ties. KENAI BEAUTIFICATION COMMITTEE July 13, 1993 Page 2 b. Financial Report - Sharon Williams Williams reported that a $100 donation had been received from K-Mart and also a donation for $18.95 was received from Rockford, Illinois for the All America City Garden with the suggestion of a spirea, honeysuckle, or lilac bush to choose from. The total in the account is now $729.95. MOTION AND VOTE: Gerry Sparks MOVED to buy a honeysuckle bush with the donation from Rockford, Illinois. Annette Baling SECONDED. PASSED UNANIMOUSLY. Swarner submitted a bill for topsoil from Peninsula Landscaping used in the Perennial beds. It had been ordered to prepare the beds for planting. Breeden said she felt this money should not come out of the money which had been donated for flowers. MOTION AND VOTE: Gerry Sparks MOVED to send bill from Peninsula Landscaping back to Parks and Roc for payment. Jeanene Benedict SECONDED. PASSED UNANIMOUSLY. C. Formulation of Plans for Next Year Breeden asked the Commission to start making a list of projects they would like to see started next year. Williams said she would like to see different flowers in the airport triangle. She thought it would be nice to create flowers designed in the shape of the All -America City emblem. Sparks felt a thank you should be sent to Trinity Green House to for the nice job they had done on the flower boxes. d. Meetings Closure and Reopening Date Breeden suggested the group meet in August and then not meet again until January. She reminded the group that an election of officers will take place at the January meeting. She said she hoped that all seven members would serve as Chairman at least once. NOTION AND VOTE: Benedict MOVED that the Committee most in September and than close meetings for October, November, and December (unless needed). Meetings will resume in January. MOTION PASSED UNANIMOUSLY. 1. ROLL CALL Members present: Also present: KMM1 BEAUTIFICATION CONKITTEE July 13, 1993 *** 1:30 p.m. Council Chambers Chairwoman Loretta Breeden ***MINUTEB*** Gerry Sparks, Loretta Breeden, Annette Saling, Jeanene Benedict Sharon Williams, Councilwoman Linda Swarner, Loretta Harvey �' ; 10111 A #I I • �`• Additions to the agenda were as follows: NEW BUSINESS: e. Mowing Grass at Fort Kenay f. Thank you for Private Beautification Agenda approved as amended. June 8, 1993 Minutes were amended as follows: Page 3. j. "Saling said a request has been sent to the City for railroad ties for this bed." Benedict MOVED approval of minutes as amended. Sparks SECONDED. Minutes approved as amended. 4. OLD BUSINESS a. Volunteer Appreciation Party - Jeanene Benedict Benedict said tentative dates had been chosen: August 15, 21 or 22. After discussion it was determined that August 29th would be a date most convewnient for the Committee. Sharon Williams, Delilah Langenhuizen and Benedict were also working on getting items for the picnic. The committee has contacted, K-Mart to donate the paper items, McDonald's for beverages, Louie Is for chicken and Carrs for sheet -cake. Committee members will be asked to bring salads. Breeden provided a list of the volunteers so Benedict can send out invitations. 1791-1991 D-7 CITY OF KENA, %%Od 62aja4W 4 4"f' 210 FIDALGO KENAI, ALASKA M11 TELEPHONE 283 - 7535 FAX 907-283.3014 KENAI BEAUTIFICATION COMMITTEE July 13, 1993 *** 1:30 p.m. Council Chambers Chairwoman Loretta Breeden 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES June 8, 1993 4. OLD BUSINESS a. Volunteer Appreciation Party - Jeanene Benedict b. Financial Report - Sharon Williams C. Formulation of Plans for Next Year d. Meetings Closure and Reopening Date 5. NEW BUSINESS a. All -America City Garden Donation 6. REPORTS a. Kenaitze Indian Tribe IRA Plantings b. Adopt -a -Park in Municipal Park Area C. Cooperative Extension Service Sign and Plantings by Annette Saling d. Shrubs Donated by Extension Service e. Boys and Girls Club Plantings 7. 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Landscaping/Site Plan Review - Kentucky Fried Chicken d. Res PZ 93-32: Kiel S/D Addition No. 1 7. NNW BUSINE88 S. OLD BUBINE88 a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) a. City Council b. Borough Planning C. City Administration _]1: • . A r W O. 'i• CD 14 '9 N �+ C ro S. In S N R! r- L ii, - R! -+ V, Rl r_1 .+ 1 • z 7 ~ QSr L L, f t7 Y ^• ru ++ O La ++ JI n lo.1i00 a N O O U. 1 1 of xxxa:x x 0# .S 1.0 .a !n rn S. > c , L b 949bti[� .+ �a t 3 t In co fn L u 7 0l J ~ � X L > U1 I 0 0- D CL 0. + V 03 •i� f W m e Q z N E 2 (L F- ,+ E ni m n. 2 cO mZ .. r. w w u "T. * S. .• Z E -.. W M + m LOMM Za' a a c :3a i Z c W n > :.:�: r c c 1 0 m S.-S. J. L C b?W ..P7 r 0 OS s Z Q x 5L ?' f+l .+ •j � 7 L m ?• y �T. i b-, et -. Ct :T rn 0 -+ C� n.l f l nm J' , H JUL-15-93 THU 15:32 Tor Eam Date: Suweck KPB PUBLIC WORKS FAX NO. 907 262 6090 MEMORANDUM JUL 1993 ISTEA Technical Committee Members �= [' P� s Copt W. L. Robson, Public Work's Director j , , July 15, 1993 r Area Project Justifications and Descriptions P. 01 I have recently been contacted by Pat Beckley, Kenai Area Planner for DOT/PF. His office is requesting Project Descriptions and Justifications, which are to be a short paragraph, two to three sentences each. Please fax these to, his office, as soon as possible, per the respective jobs in your areas. I have included, for those who were not involved the previous year, a copy of the State's justification and description as an example. I would ask that these again be faxed directly to Pat for the sake of expediency. It is not necessary to fax to my office. DOT/PF, I understand, is underway with the grading of these respective projects per a criteria that is used for the state highway system. Pat Beckly will be informing us as to how the ranking comes out for the KPB projects versus other boroughs and state projects. These will then be submitted to DOT/PS headquarters in Juneau next week. I would appreciate your assistance in expediting this information. Again, Pat has asked that it be kept short. We should provide the same for all projects whether they are listed as a priority or as an alternate backup. Thanks again for your assistance. Distribution: Fred Korpinen, KPB Director Road Service Area Steve Bonebrake, City of Soldotna ✓ Keith Kornelius, City of Kenai Bob Ferguson, City of Seward Joe Vincente, City of Homer Poeth en ,d Ivan Widom, City of Seldovia FITZU V-, transmittal memo 79M 1 # 01 Pao" . �•'i Pill b w � a +i f ! ! f H�nOOOOm�O ♦� ��177 galYYXSCYlC�YIdC *0 Y Y ]L ![ a 1 U. 0 w 40D 111 If I t� wow 1► 1q �7OM4 �.y �1 �• Z oe o 60 'd 0609 M L06 'ON XVA MHOM 011Md RAI Pp:gt nw. PR-qi-inr