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1997-12-17 Council Packet
Kenai City Council Meeting Packet December 17, 1997 AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 17, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.Kenai.net/ city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Michele Brown - The Nature Conservancy/Kenai River Water Monitoring Plan C. PUBLIC HEARINGS 1. Ordinance No. 1765-97 - Increasing Estimated Revenues and Appropriations by $9,000 in the Boating Facility Enterprise Fund to Purchase Additional Fuel. 2. Resolution No. 97-83 - Amending Morrison-Maierle, Inc. Engineering/ Design Contracts on the ARFF. 3. Resolution No. 97-84 - Transferring $1,400 in the Animal Shelter Capital Project Fund. 4. *1998-99 Liquor License Renewal - Kenai Golf Course Cafe - Restaurant/Eating Place. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission -1- 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES 1. *Regular Meeting of December 3, 1997. F. CORRESPONDENCE G. OLD BUSINESS Discussion - Cunningham Park Property/Garcia Building Encroachment. H. NEW BUSINESS Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1766-97 - Replacing the Current Kenai Municipal Code Land Use Table (KMC 14.20) and Its Footnotes ,j: ith the New Land Use Table and Footnotes (See Exhibit "A" Attached). 4. *Ordinance No. 1767-97 - Amending Kenai Municipal Code 14.20.160(b)(6)[A) To Specify Allowed Building C3verage of Lots for Townhouses in All City Zones. 5. *Ordinance No. 1768-97 - Amending the Officiai City of Kenai Zoning Map for Certain Lands Described as Tract 1A, Parson's Homestead Subdivision No. 3, T06N, R11W, Section 30, Within the City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska From rural Residential (R) to Suburban Residential (RS). 6. *Ordinance No. 1769-97 - Appropriating an Alaska Highway Safety Planning Grant of $8,016.40 in the General Funs. -2- 7. Approval - Commission/Committee/Board Reappointments 8. Discussion - New Street Lights EXECUTIVE SESSION - None Scheduled. 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 K. ADJOURNMENT -3- MAYOR'S REPORT DECEMBER 3, 1997 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA ADD TO: D-7b, Historic District Board Report - Applications for appointment from Rebecca Lambourn and Cecelia Richard. ADD TO: G-1, Discussion - Cunningham Park Property/Garcia Building Encroachment - 12/4/97 Sara Cunningham Scott letter and attachments. No Changes CONSENT AGENDA MAYOR'S REPORT 1. Youth Detention Center 2. Maintenance Shop 3. Animal Shelter - dedication plaque order. REQUESTED BY: Clerk City Manager COUNCIL MEETING OF /UCG Zt C k� y-4-' �i %a it PAGE �� OF M 8 V SWARNER MOORE MEASLES i BANNOCK BMALLEY WILLIAMS BOOKEY M 8 V EIWARNER MOORE MEASLES 13ANNOCK SMALLEY WILLIAMS BOOKEY SWARNER MOORE MEASLES /t BANNOCK SMALLEY WILLIAMS BOOKEY -- M 8 V SWARNER'--.. MOORE MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY 1, M S V SWARNER MOORE MEASLES�� BANNOCK SMALLEY WILLIAMS t BOOKEY --- M S V SW R MOORE MEASLES BANNOCK ~\"� SMALLEY WILLIAMS BOOKEY __-_ Salutation Name Company Address CityStateZip PhoneNo Mayor Navarre Mayor Mike Kenai Peninsula P.O. Box 3040 Soldotna, AK 907-262- and Ms. Parker Navarre and Lisa Borough 99669 4441 Parker Mayor Lancaster Mayor Ken City of Soldotna 177 N. Birch Soldotna, AK 907-262- and Mr. Lancaster and 99669 9107 Boedeker Tom Boedeker Mayor Williams Mayor John 210 Fidalgo Kenai, AK 907-283- and Mr. Ross Williams and Ave., Suite 200 99611-7794 7539 Richard Ross Mr. Swan and Mike Swan and Kenai Soil and P.O. 800 Kenai, AK 907-283- Mr. Cook Herb Cook Water 99611 8732 Conservation District Mr. Tarbox, Mr. Ken Tarbox, Alaska 34828 Soldotna, AK 907-262- Nelson, and Ms. Dave Nelson, Department of Kalifornsky 99669 9368 Litchfield and Jenny Fish and Game Beach Rd., Bldg. Litchfield E Ms. Mahoney Barbara National Marine 222 W. 7 Anchorage, AK 907-271- Mahoney, Kenai Fisheries Service Avenue, #43 99513-7577 5006 River Representative Mr. Liepitz Gary Liepitz Alaska 36130 Kenai Soldotna, AK 907-260- Department of Spur Highway 99669 4882 Fish and Game Mr. Trasky Lance Trasky, Alaska 333 Raspberry Anchorage, AK 907-344- Regional Department of Road 99518-1599 0541 Supervisor Fish and Game Mr. Buchholz Les Buchholz, Department of 35390 Soldotna, AK Environmental Environmental Kalifornsky 99669 Specialist Conservation Beach Road, Suite 11 Ms. Brown and Michele Brown Department of 410 Willoughby, Juneau, AK 907-465- Mr. Hock and Jeff Hock Environmental Suite 105 99801-1795 5185 Conservation Mr. Degernes Chris Degernes, Kenai River P.O. Box 1247 Soldotna, AK 907-262- Director Special 99669 5581 Management Area - Alaska State Parks Ms. Fisler Suzanne Fisler Alaska State 36130 Kenai Soldotna, AK 907-260- Parks Spur Highway 99669 4882 Mr. Stratton Jim Stratton, Alaska State 3601 C Street, Anchorage, AK 907-269- Director Parks Suite 1200 99503-5921 8700 Ms. Major Elaine Major UAA - ENRI 707 A Street Anchorage, AK 907-257- 99501 2731 Mr. West Robin West, Kenai National P.O. Box 2139 Soldotna, AK 907-262- Refuge Manager Wildlife Refuge 99669 7021 Mr. Sonnevil Gary Sonnevil, U.S. Fish and P.O. Box 1670 Kenai, AK 907-262- Project Leader Wildlife Service 99611 9863 Mr. Harp Deanne Harp Chugach P.O. Box 390 Seward, AK 907-224- and Diedre St. National Forest - 99564 3374 Louis Seward Ranger District Mr. Blanchet David Blanchet U.S. Forest 3301 C. St., Anchorage, AK 907-271- and Mr. and Dean Service - Suite 300 99503 2500 Davidson Davidson Chugach National Forest Mr. Frenzel and Steve Frenzel U.S. Geological 4230 University Anchorage, AK 907-786- Mr. Dorava and Joe Dorava Survey - Water Dr., Suite 201 99508-4664 7100 Resources Division Phil Phil North Environmental 222 W. 7 Ave., Anchorage, AK 907-271- Protection #19 99513-7588 5083 Agency Mr. Mark Natural P.O. Box 800 Kenai, AK 907-283- Weatherstone Weatherstone, Resource 99611 8732 District Manager Conservation Service Mr. Kuhl and Don Kuhl and U.S. Army Corp 36130 Kenai Soldotna, AK 907-260- Mr. Tabois Joe Tabois of Engineers Spur Highway 99669 4882 Ben Ben Ellis, Kenai River P.O. Box 1228 Soldotna, AK 907-262- Executive Sportfishing, 99669 8588 Director Inc. Mr. Kircher Karl Kircher, Kenai Peninsula 34824 Soldotna, AK 907-262- President Fishermen's Kalifornsky 99669 2492 Association Beach Rd., Suite E Mr. Fandrei Gary Fandrei, Cook Inlet HC 2, Box 849 Soldotna, AK 907-283- Executive Aquaculture 99669-9707 9433 Director Association Mr. Arthur Walt Arthur, Kenai River 9521 Emerald Anchorage, AK 907-243- Chair Property St. 99515 8088 Owners' Association Mr. Banda Dennis Randa, Trout Unlimited P.O. Box 3055 Soldotna, AK 907-262- President Alaska 99669 5920 Mr. Matthews Theo Matthews, United Cook P.O. Box 389 Kenai, AK 907-283- Executive Inlet Drift 99611 3600 Director Association Mr. Shavelson Bob Shavelson, Cook Inlet P.O. Box 3269 Homer, AK 907-235- Executive Keeper 99603 4068 Director Mr. Malone Mike Malone, Alaska P.O. Box 90011 Anchorage, AK 907-428- President Flyfishers 99509 6532 Association Mr. Dale Paul Dale, Kenai River 34824 Soldotna, AK 907-262- President King Salmon Kalifornsky 99669 2492 Fund Beach Rd., Suite E Mr. Hanes Joe Hanes, Kenai River P.O. Box 251 Soldotna, AK 907-262- President Guides 99669 6388 Association Mr. Segura Jim Segura, Salamatoff P.O. Box 2682 Kenai, AK 907-283- President Native 99611 7864 Corporation Ms. Cartv Penny Cartv, Salamatoff P.O. Box 2682 Kenai, AK 907-283- Chair Traditional 99611 7864 Council Ms. Zirul Diane Zirul, Kenai Native 215 Fidalgo, Kenai, AK 907-283- President Association Suite 203 99611 4851 Ms. Smagge Rita Smagge, Kenai Indian P.O. Box 988 Kenai, AK 907-283- Executive Tribe 99611 3633 Director Mr. Tai Bill Tai, Senior Cook Inlet 2525 C Street, Anchorage, AK 907-274- Land Regional, Inc. Suite 500 99503 8638 Management Officer Ms. McCord Anne McCord, Cook Inlet 910 Highland Kenai, AK 907-283- Executive Regional Avenue 99611-8033 7222 Director Citizens Advisory Council Ms. Hardina Pat Hardina Cook Inlet P.O. Box 8163 Nikiski, AK 907-776- Processing 99635 8174 Mr. Walsh .lim Walsh Dragnet P.O. Box 1260 Kenai, AK 907-283- Fisheries 99611 9291 Mr. Earslev Scott Earsley Inlet Salmon P.O. Box 530 Kenai, AK 907-283- 99611 9275 Mr. Foley Dan Foley Pacific Star P.O. Box 190 Kenai, AK 907-283- Seafoods 99611 7787 Mr. Dragseth Marvin Dragseth Royal Pacific P.O. Box 1370 Kenai, AK 907-283- Fisheries 99611 9370 Mr. Scott Bob Scott Salamatoff P.O. Box 1450 Kenai, AK 907-283- Seafoods 99611 7000 Mr. Dale Paul Dale Snug Harbor P.O. Box 701 Kenai, AK 907-776- Seafoods 99611 5342 Mr. Brindle Bill Brindle Wards Cove P.O. Box 1589 Kenai, AK 907-283- Packing 99611 9276 Catherine Catherine Kenai Watershed P.O. Box 2937 Soldotna, AK 907-260- Cassidy Forum 99669 5449 KENAI RIVER WATER QUALITY MONITORING PLAN Fact Sheet December, 1997 The Kenai River watershed drains about 2, 170 square miles of the Kenai Peninsula. The river supports a popular and productive fishery that generates as much as $78 million a year in direct economic benefit to the local economy and has about 330,000 angler days of fishing effort. A healthy Kenai River contributes to a healthy Kenai Peninsula economy. Recent years have seen an increase in the number of activities related to ensuring a healthy river. Many individuals, agencies, tribal organizations, and citizen groups are interested in tracking the health of the Kenai River by developing and implementing a water quality monitoring plan. The Kenai River Comprehensive Management Plan and the Upper Kenai River Cooperative Plan include several recommendations specific to water quality monitoring. During the fall of 1997 twenty-one representatives from local governments, state and federal agencies, citizen groups and the community college met to discuss current Kenai River water quality mon- itoring activities. A Work Group was formed to develop an approach for coordinating future water quality monitoring activities. The Work Group identified three basics considerations: First, any new water quality monitoring plan should be integrated with existing plans for the Kenai River. This is to reduce duplication and streamline data collection. Second, identify acceptable sampling methods and protocols. This is to ensure that the data collected by any agency, citizen group, tribe, school group or individual who follows the agreed upon methods will be contributing to baseline data on the river. Third, coordinate efforts to assemble, maintain, and make available the baseline data. This is to make it easier to access the information for community discussion and understanding of change's in water quality through time. The Work Group developed a draft goal for the coordinated approach: To provide a water quality monitoring strategy to ensure the environmental integrity of the Kenai River watershed. To achieve this goal the Work Group identified four objectives: (1) Develop a coordinated water quality monitoring plan; (2) Develop an implementation strategy to carry out the water quality monitoring plan; (3) Develop an evaluation assessment to assess the results of the water quality monitoring plan and describe a process to make adjustments to the plan; and (4) Develop a public outreachleducation plan. During the nest several months the Work Group will be discussing: how will existing organizations coordinate efforts? What water quality indicators to measure, and where and when to measure? How to make this information available to those who want it? For further information, please contact: Michelle Brown, The Nature Conservancy 262-6377 or Les Buchholz, ADEC & KRSMA Board Member 262-5210 Kenai River Water Quality Monitoring Plan Work Group Sign-up Sheet DATE: 12/ 15/97 NAME, AFFILIATION PHONE FAX email Michelle Brown, TNC 262-6377 262-6377 mhbrown@alaska.net Steve Bonebrake, City of Soldotna 262-9107 262-1245 Les Buchholz, ADEC 262-5210 262-2294 lbucholz@envircon.state.ak.us Catherine Cassidy, Kenai Watershed Forum 262-6189 260-5412 Herb Cook, Kenai Soil & Water Cons. Dist. 283-8732 283-8158 Vicki Davis, USFWS 262-7021 262-3599 vicki_davis@mail.fws.gov Joe Dorava, USGS 786-7104 786-7150 jmdorava@usgs.gov Ben Ellis, Kenai R. Sportfishing Assoc. 262-8588 262-8582 kenairiv@ptialaska.net KRSMA Board Gary Fandrei, CIAA 283-5761 283-9433 Glenda Landua, KPB, Planning Dept. 262-4441 262-8618 glandua@borough.kenai.ak.us ext337 Gary Leipitz, ADF&G Kenai River Center 260-4882 260-5992 Ginny Litchfield, ADF&G Shana Loshbaugh, Peninsula Clarion 260-2939 262-6009 262-4709 262-6176 ginnyl@fishgame.state.ak.us Phil North, USEPA 271-3401 171-3424 north.phil@epamail.epa.gov Lisa Parker, KPB, Planning Dept. 262-4441 r 262-8618 (park�i1 er borough.kenai.ak.us Dennis Randa, Trout Unlimited 262-9494 Robert Ruffner, Kenai Watershed Forum 260-5449 260-5412 Susan Saupe, CIRCAC 283-7222 283-6102 Bob Shavelson, Cook Inlet Keeper 235-4068 235-4069 keeper2@xyz.net Diedre St Louis, USFS Seward 224-3374 224-3268 Mike Swan, Kenai Soil & Water Cons. Dis. 262-1014 262-1014 David Wartinbee, Kenai Peninsula College 262-0377 262-0358 ifdcw@uaa.alaska.edu William Ashton, EcoSynergy 563-0889 563-0095 esynergy@alaska.net FROM : The Nature Conservancy,Kenai R PHONE NO. Dec. 08 1- KENAI RIMER WATER QUALITY MONITORING PLAN Fact Sheet December, 1997 The Kenai River watershed drains about 2, 170 square miles of the Kenai Peninsula The river supports a popular and productive fisher, that generates as much as M million a year in direct economic benefit to the local econan), and has about 330,000 angler days of fishing effort A healthy Kenai River contnbutes to a healthy Kenai Peninsula economy. Recent years have seen an increase in the number of activities related to ensuring a healthy river. Many individuals, agencies, tribal organizations, and citizen groups are interested in tracking the health of the Kenai River by develnping and implementing a water quality monitoring plan. The Kenai Rivrr Comprehensive Management plan and the Upper Renal River Conperadve Plan include several recommendations specific to water quit)' monitoring. During the fall of 1997 twenty-one representatives ficym local governments, state and federal agencies, ciuzen groups and the community college met to discuss current Kenai River water quality mon- itOring activities. A Work Group was formed to develop an apprmch for coordinating future water quality monitoring activities. The Work Group identified three basic considerations: First, anv new eater quality monitoring Plan Should be integrated with existing plans for the Kenai River. This is it) reduce duplication and strearnlirie data collection. Second, identify aomptable sampling methods and protocols. This is to ensure that the data collected by any agency, citizen group, tribe, school group or individual who follows the agreed upon methods will be contributing to baseline data on the river. Third, coordinate efforts to assemble, maintain, and make available the baseline data This is to make it easier to access the information for ec=rnunity discussion and understanding of change's in water quality through time. The Work Group developed a abaft goal for the coordinated approach: To provide a water quality monitoring strategy to ensure the environmental integrity of the Kenai River watershed. To achieve this goal the Worst Group identified four objectives: (1) Develop a coordinated water quality monitoring, plan; (2) Develop an implementation strategy to carry out the water qual i ty monitoring plan; (3) Develop an cvaluation assessment to assess the results of the water quality monitoring plan and describe a process to make adjustments to the plan. and (4) Develop a public outreach/education plan. During the next several months the Work Group will be disuming: how will existing organizations ",ordinate efforts? What water quality indicators to measure. and where and when to measure? How to make this information available to those who want it? For further information, please vontact: Michelle Brown, The Nature Comtervancy 262-6377 or Les Buchholz, ADEC & KRSMA Board Member 262-5210 Suggested by: Public Works Direct_ City of Kenai ORDINANCE NO. 1765-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI. ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $9,000 IN THE BOATING FACILITY ENTERPRISE FUND TO PURCHASE ADDITIONAL FUEL. WHEREAS, some boat operators are fueling their boats at the City dock later than usual in the year; and WHEREAS, additional money is needed for fuel purchases: and WHEREAS, revenue for fuel sales this fiscal year is $9,000 more than budgeted and sales will continue. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Boating Facility Fund Increase Estimated Revenues: Petroleum Sales $9,000 Increase Appropriations: Boating Facility - Operating Supplies $9,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAS .A, this 17th day of December, 1997. JOHN J. WILLIAMS. MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: December 3, 1997 Adopted: December 17, 1997 Effective: December 17, 1997 Approved by Finance: (11/25/97) kl Suggested by: Administra City of Kenai RESOLUTION NO. 97-83 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING MORRISON-MAIERLE, INC. ENGINEERING/DESIGN CONTRACTS ON THE ARFF. WHEREAS, Morrison-Maierie, Inc. has been awarded contracts for design and construction services for the ARFF facility; and WHEREAS, Morrison-Maierle, Inc. has requested a $17,800 increase in the contract for design and construction administration of a non -potable well; and WHEREAS, the City administration agrees that the increase in scope for the well construction justifies the increase in the contract cost. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract to Morrison-Maierle, Inc. be increased by $17,800. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 171h day of December, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (12/10/97)jet MEMORANDUM TO: Rick Ross, City Manager FROM: Jack La Shot, City Engineer - DATE: December 10, 1997 .SUBJECT: ARFF - Well construction Please review the attached request from Morrison-Maierle, Inc. to provide design, coordination, and construction administration for the non -potable well. The request is to increase the contract $17,800. This cost seems high for a project that is expected to cost $40,000 to $80,000 to construct, however. the design revisions to the pump room and controls was more involved than originally thought. Also, all costs, including construction administration and subconsultant fees considered. Normally, I would consider the consultant fees to be in the neighborhood of 20% of construction costs. The redesigning necessary and need for subconsultants has pushed the costs somewhat higher. Also, for your information, the actual change order to construct the well should be ready for approval in January. I have instructed Tim Orthmeyer to include the potential cost savings of changes to the audio visual system and generator switch with the change order. We are hoping that these changes and an expected significant underrun in sitework quantities will keep the overall project well under contract amounts, even with the well construction. Do you wish to present this contract amendment to the City Council for approval at the next meeting? Suggested by: Administration City of Kenai RESOLUTION NO. 97-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $1,400 IN THE ANIMAL SHELTER CAPITAL PROJECT FUND. WHEREAS, a change order for light fixtures is necessary in the Animal Shelter project; and WHEREAS, the funds for the change order are available in the contingency account established for this project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Animal Shelter Capital Proiect Fund From: Contingency $1,400 To: Construction $1,400 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1997. JOHN J. WILLIAMS. MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (12/11/97) kl CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 Memorandum TO: Rick Ross, City Manager FROM: Keith Kornelis, Public Works Director ( DATE: December 11, 1997 SUBJECT: Animal Control Shelter Project As we discussed last week, the Animal Control Shelter Project contract needs to be changed. The contract specifies 17 strip light fixtures (Type C) that need to be changed to fully enclosed fixtures (Type D) for damp locations. The additional cost is $1,388.20. It is my understanding that the Finance Dept. is preparing a Resolution to transfer the funds from Contingency to Construction. KK/jet c: Larry Semmens, Finance Director .Jov-20-97 03:24P Slazy Construction 907-262-2691 P.O1 COST PROPOSAL j r)A E. 11/20/97 I FRom: BLALY CONSTRUCTION j 44539 Skniing Hwy., Ste. 301 Soldoma, AK 99669 TM (907) 262 - 3 R 10 IFAX: (907) 262 - 2691 m! Klulge & A-mmwiater 210 ridalgo Ave., Ste. 200 Kenai, AK 99611 FM-. (907) 283 - 7535 .OAK- (907) 283 - 3,014 � YAC;kS: coxrncr: Kelly J. Keating, FROJBCr: City of Kenai Animal Control Shelter CON VAUr C ixx.PWITN-rIi Alf' 00349N A'rM: Bill Kluge 3LM&Cr: In response to your request for a coat prnpogai for Request for information NTo. E4, the cost is as foliows: Change in light fixture type C to be equal to type U ........................ $1,388.20. Please call me with any quesdow. Sep-1.7----97 09:37A Bruce Mattson PE 907 _4 6878 P.02. iut :11 h._uGE and ASSOCIATES 28B �::8 P.02 Date: _ q- q - r% To: Kluge & Aisoclates 130 Trading Bay Road Ste. 330 Kenai, AK 99611 J C Enterprises PO BOX 3171 Kenai, Ak. 99611 907-283-7541 RF.QUFS'I' FUIt INFOR.%iA'1'ION: Project: ANIh1AL CUNIRO L SI IEL'1'ER 1land llclivered [r} Mailed AT'IN; i3111 kluge (� faxed Subject: Seetion(s): ? S _ SpCcification / flan Refcrencea: j�_0�! y) Problem / Information Requested; `(! ' SPEC'S a1� Please realxmd by or before in order to minin1i7c delay or interference with the agility to prmced with the work. Information RcyucJled 13y' Response Conlirmaiion: T ii° E �C� T 0 &C EgLt A t- -gyp T yl'2Lr '6 Yi � / �L-r UAC .5.� C / IE! E' D � /Y')3,t, l Tb � V W z3?r j%Z 6B . Tyio6 0/"OR. O.t) ;�rl�C-� scXlf-r p.4v,f �2e`Aa V w ,vQ r -rW a W 0, vE C. 4 •_/s_J_4E� -7--46 �tir'/2A T ��+ eo-i't _a+D Lev �'-ofT 01r X r4i16s. Approved BY: Date: STATE OF ALASKA DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, City Clerk City of Kenai 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 Dear Ms. Freas: RECEIVED 1971 KEN .1 CITY CLERK TONY KNOWLES. 550 W_ 7TH AVENUE. SiE. 350 Anchorage. Alaska 99501-6698 Phone: 907-277-8638 Fax 907-272-9412 December 1, 1997 We are in reciept of the following application(s) for renewal of liquor license(s) within the City of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. Restaurant/Eating Place Kenai Golf Course Cafe cc: Kenai Peninsula Borough •, l December 9, 1997 Ms. Donna Johnson KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 LINDA MURPHY, CMC BOROUGH CLERK RECEIVED DEC ! 21991 KENfAl CITY Re: Application for Renewal of Liquor License - Kenai Golf Course Cafe Dear Ms. Johnson: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application for renewal of liquor license for the Kenai Golf Course Cafe. Since the Kenai Golf Course Cafe is located within the corporate boundaries of the City of Kenai, the Borough Assembly is not required to review and make recommendation with regard to the approval of this designation. However. our Finance Department did review its files and has raised no objections based on unpaid or delinquent taxes. Sincerely, Kenai Peninsula Borough Linda S. Murphy. CMC/ . E Borough Clerk cc: City Clerk. City of Kenai Kenai Golf Course Cafe Delinquent Accounts File S '.WP%VIN%DAT A'BOARDS ABCRESE%� AL FRN1 Stz ofAfas,a A.cohaic Bev we Control Board g a 50 LIQUOR LICENSE APPLICATION PAGE OF 5W. 7th. Avenue. Suite 350 (Please read separate Instructions) ew,a Path 1 and 2 be the ABC Board. Anchorage. Alaska 99501 - l Keep Port 7 for yotw fBes. (907) 277•sM - - -- ,...a.+......, n T..... weer C9 Seasonal - Dates of operation not to exceed 12 mos. OCCTION A. LICENSE I Must be Cot Dieted for all ryoea a ebpllCatldha. License Fee $ ' 3&L( . 4J0 f Apobilon. Type - a Reference I For License Year FedfiN Filling Fee: $ au U� i �Ll , r' (�+ :J os.tt. _ r - L QFt ❑ OutsiW Mmicpallty LJ Nor r a Ratwwi LYE Current Liquor License Naarow I wai. has the license been exercised or active t least 30 eight -hour peflal {fu ryears? (AS O4.11.330(3)% applicable) $ ❑ Trenstw of C+ v �a i t•i .. tlays during If no. application will be denled unless written raPrast ro. License Holder rl YES ToiSl 1 www of o b approved by the AlWhoz Bwarage Submllted S r ❑ Rebcaalon � ' f ❑ NO C-�l Board. Enter aoolconrs or translww's name and mailing g-&feweeaMl Nam/e) (S"ComInn taunity CouncN Name end Meeng Addraaa �T (3es Ir>eflrucbone( address w n should appear on the amens•: , F_ Oo LI R S L n A P-b _ JIthest �rtuN l�k, I��'-a.�r.,.��':n �1C �-•'-�H'�1" ryVE _��Z Clly / C'. z6 EJLN Suaelew Phone Number(s) ❑ THIS 1S A NEW MAILING ADDRESS ,-1 - If SECTION B. PREMISES TO BE LICENSED. mu— combed for N— and Relocation OPP0080pni then or iese than So mess from the boundaries of a Name to be used on public sign or In advertsi ng to Idientify premises: I is location of premises greater rtunicpeo y (Incorporated city, bo"hor unlfled.mutild MWN ? Closest School Grounds: I Dleterce measured under: t3 Lew than 50 riles ❑ Not Appavbie ❑ AS O4.11 Al 0 OR Greeter than 50 moss Chosest Church: ❑ Lx* Ordlnence No. ❑ Plans submitted to Fire Marshall (Required for new and proposed ailldnga) Premises to be Ncansed Is: ❑ Existinb FgcHfty New Building ❑ Pr000ssd BuildIN Diagram of Premises Attached (Required for so New and Relocation ) SECTION C. RENEWAL INFORMATION. Must oe comosted for Renewal aopewlions. at the annual Has licensed premises where alcoholic beverages are Has the statement of tinancmi interest changed from the noACceA�GEui�ORder is ISAAC 1 renewal sold, served, consumed, possessed and/or storso been last statement submitted. beverages n response to written orders? changed from the last diagram submitted? ❑ YES NO ❑ YESr NO ❑ YES ❑ NO CTION D. TRANSFER INFORMATION. V'm be `n"D'at'd for Trensrw of Liwnw Holder and Relocation applications or Mokartary Transfer. AI6r11documentaww hloh aeldwhce'defeurundASO4.11.670. I Nwnefs),end Melling Addr•w of Current LicenaeWa) ❑ Beguiler Trerh-la. Any Inetnanenn executed arndsr AS O4.11.670 for burooem of applying AS O4.11.361)(4)(8) in ■ later Invokwawy transfer, must be feed with this application (15 AAC 104.107). Rest w peraonei prop" conveyed with this [renter is: (Attach extra shests M necwery) BEFORE TRANSFER, Doing Business An: (Business Name) BEFORE TRANSFER. Street Address or Loudon SECTION E. CORPORA71ON INFORMATION. "t"toa°o detail"°o° ca" o.co-apwlcantIsawrooratan. (ASO4.11.390) Corporate N Do" Business As (Business Names n Date of Incorporation In Alaska Mall Address SL eat Address or Location of Business I ' D2 MQ zggl lac !_TL -_ r— r� _ _- - i C 1 zgc7 , . _— city. Suits, Zip Gods �. City and State 1 CorporatrlOffke Phone No. K N/ /o — G Is the above n oorporaeon n good sta X" with the State of I Region Agent (Name and Mailing Address) Agents Aliaa/slu Residency Aiaor Departmeit of Commerw w end Economic Delopment7 a., ! .1w N Years' .0 2 Mwlttia: /,i Agents Phone No. �-3 7/kv7 ❑ YES ❑ NO '— N . I JUc L y CORPORATION DIRECTORS AND STOCK HOLDERS (Ilse addslonai Sheeler If necesser)l % or Sher" Of Ownership Full Name (Do not caw InRlab) Han• Adders Dot• of Birth _ -- _ l i�u'✓L . c JAG z i /, 1i. (HIS AREA OFFICE USE ONLY License, NurtOw I Dab Approved Directors Signature Form o4-901 Page 1 (Rev &95 ALASKA LIQUOR LICENSE APPUCAT10N PAGE 2OF2 SECTION F. INDIVIDUAUCORPORATE OFFICER INFORMATION. The tonowi it omiatbn mat be provided for ead applicant of corporate otllow 9 the eppaeant or co-appkent Is a corporation, me officers Salad must Include the President. Vice-prveidenl. Secretary armed Treasurer. Use additional peg" as necessary. Fun Name too not use Intel Full Name (Do not use Inalial Maslrg Address Mall" Admen City, state. Zip Code City. State, Zip Code Honor Address(If dnlaront tom mal ig endress) Home Address (it different from mailing address) . • / L Date of Birth Hem" Phone " ._ I Work Phone Deu of Birth Home Phone Work Phone /2 _7 _ ->• j �. Lengthot Alaske Residency nappaom Is. —pm tim, Identny the corporate office you Length of Alaska Resider" ffappataurtbacorporabn, bentltythecorporate offkeyou Yeas; Months ham_ --- Ymm 6bnthe hold. I Fun Nana (Do not use InitWs) Fun Name (Do not use Initlats) — Malting Address ' Mmelrg Address . --- City, state. AP Code City, state. Zip Code F' f h✓� Home Address (a different from mailing addreu) Home Address (If dMerem from manarg address) l' � Cc,'H Date of BfM j Hone Phorri Work Phone Date of With Hone Phon. Work Phone Length of Abeke Residency if applicant In a corportlm Idantlfy ire corponteoffbe you Length of Almelo Residency if appYcerrt is acaporatbn, Identity the corporate office you Y"B i Months hold. Years Months hold. SECTION G. INDIVIDUAL/CORPORATE OFFICER BACKGROUND. wteamnoteaforeutypesoleoolllcawns. Dose any IndNlduel or corporate officer named above novas have airy direct or Indirect Interest many other alcoholic beverage bualnesa licensed In Alaska or any other ail 11 NO ❑ YES n yes, give ate. name od business. and address. - If never having filed or since filing of the last application, has any individual or corporate officer listed above been convicted of a felony. a violation of AS 04. or been convicted 1 as as licensee or manager of licensed premises in anotner state of the liquor laws of that state? ! NO ❑ YES n YOU. piece" aipafrr on eeparate ah"t of paper. SECTION H. DECLARATION. Wmm be road and c'^med by each applicant I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the applicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. If application Is for a Beverage Dispermary or Package Store license, I certify that each applicant named on this application has resided In the state of Alaska for at least one year pnor to the date of this application; andlor the applicant Is a corporation registered and qualified to do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the stale of Alaska for at least one year prior to the date of this application. SIGNATURES OF CURRENT LICENSEES(APPLICANT) SIGNATURES OF TRANSFEREE(S) Subscribed and evrom to before me this Subscrood and sworn to before me this day of ---'j-:,�- , - 19 - day of 79 NOTARY PUBLIC IN AND FOR ALA.SKAA _ _ _ _ NOTARY PUBLIC IN AND FOR ALASKA MY comnraon eballres My conmeabn wiplree Form 04-901 Page 2 (Rev "S) KENAI AIRPORT COMMISSION DECEMBER 11, 1997 Kenai City Council Chambers Tom Thibodeau, Chairman ***AGENDA*** ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - November 13, 1997 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Airport Manager Search Update ITEM 6: NEW BUSINESS ITEM 7: AIRPORT MANAGER'S REPORT ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agendas (11 / 19 / 97 and 12 / 3 / 97) ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISSION December 11, 1997 - 7:00 p.m. Kenai City Hall Council Chambers Chairman Thomas Thibodeau *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Members Present: Ron Holloway, James Bielefeld, Henry Knackstedt, Barbara Edwards, Bonnie Koerber, Tom Thibodeau Members Absent: Sandra Hudson Also Present: Councilman Raymond Measles, Airport Manager Randy Ernst, Contract Secretary Barb Roper 2. AGENDA APPROVAL KNACKSTEDT MOVED TO APPROVE THE AGENDA. MOTION SECONDED BY EDWARDS. AGENDA APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES a. November 13, 1997 HOLLOWAY MOVED TO APPROVE THE MINUTES OF NOVEMBER 13, 1997. MOTION SECONDED BY KOERBER. 4. PERSONS SCHEDULED TO BE HEARD - None S. OLD BUSINESS a. Airport Manager Search Update Ernst reported that the position has not been filled yet. The City Manager will be contacting Richard Davis in Colorado on December 12 to discuss employment. The person that was the City's first choice called back and said he would not be available until March. The City Manager stated that could be worked out. The applicant then requested an additional $1,200.00 per month. As a result, he was not offered the position. Kevin Bunell from Colorado was flown to Kenai and interviewed. He has Airport Commission November 13, 1997 Page i not contacted the City since he returned home so is no longer being considered. Ernst reported his last day is December 31, 1997. Keith Holland will assume the Manager's duties at that time. Swede Freden will handle the street department. When the new person is selec_ed and is on board, Ernst indicated that he would come back for a week to introduce the new manager to various agencies and to spend time in the office. 6. NEW BUSINESS - None 7. AIRPORT MANAGER'S REPORT Ernst handed out the enplanement report prior to the meeting. Ernst stated it was great working with everyone and expressed his appreciation for the help from past and present Airport Commissioners. This will be his last meeting. 8. COMMISSIONER COMMENTS AND QUESTIONS Thibodeau reminded everyone of the retirement party for Ernst on January 9, 1998 at Don Jose's. 9. PERSONS NOT SCHEDULED TO BE HEARD - None 10. INFORMATION ITEMS a. Kenai City Council Meeting Action Agenda (11 / 19/97 and 12/397). 11. ADJOURNMENT HOLLOWAY MOVED TO ADJOURN. MEETING ADJOURNED AT 7:10 P.M. Respectfully Submitted, Barbara Roper, Contract Secretary Airport Commission November 13, 1997 Page 2 KENAI ADVISORY HARBOR COMMISSION MEETING DECEMBER 8, 1997 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN WILL JAHRIG AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES a. Regular Meeting of November 10, 1997. ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: REPORTS a. Director b. Dock Foreman ITEM 6: OLD BUSINESS a. Dock Fuel Operations ITEM 7: NEW BUSINESS ITEM 8: COMMISSIONERS' COMMENTS/QUESTIONS ITEM 9: INFORMATION a. Kenai City Council Action Agendas of November 5, and 19, 1997. b. USCG Boating Accident Report Form C. 1996 Alaska Boating Accidents d. USCG Press Release #03/97 - Winter Fisheries ITEM 10: ADJOURNMENT KENAI HARBOR COMMISSION December 8, 1997 - 7:00 p.m. City Hall Council Chambers Chairman: Will Jahrig *** MINUTES *** 1. ROLL CALL: Chairman Jahrig called the meeting to order at 7:10 p.m. Members Present: Ray McCubbins, Will Jahrig, George Spracher Members Absent: Barry Eldridge, Michael McCune, Tom Thompson Others Present: Keith Kornelis, Contract Secretary Barb Roper Chairman Jahrig canceled the meeting due to lack of quorum. 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES a. Regular Meeting of November 10, 1997 4. PERSONS SCHEDULED TO BE HEARD - None 5. REPORTS a. Director b. Dock Foreman 6. OLD BUSINESS a. Dock Fuel Operations 7. NEW BUSINESS 8. COMMISSION COMMENTS & QUESTIONS 9. INFORMATION a. Kenai City Council Action Agenda of November 5, and 19, 1997 b. USCG Boating Accident Report Form C. 1996 Alaska Boating Accidents d. USCG Press Release #03/97 - Winter Fisheries Harbor Commission December 8, 1997 Page 1 10. ADJOURNMENT Respectfully submitted, Barbara Roper, Contract Secretary Harbor Commission December 8, 1997 Page 2 KENAI ADVISORY LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM DECEMBER 2, 1997 @ 7:30 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES a. Regular Meeting of November 4, 1997. ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Tess Whalen - Economic Development District ITEM 5 • REPORTS a. Director b. Friends of the Library C. Public Relations Committee ITEM 6: OLD BUSINESS a. Library Christmas Open House ITEM 7: NEW BUSINESS ITEM 8: COMMISSIONERS' COMMENTS / QUESTIONS ITEM 9: INFORMATION a. Kenai City Council Action Agendas of November 5, and November 19, 1997. ITEM 10 • ADJOURNMENT Kenai Advisory Library Commission December 2, 1997 - 7:30 p.m. Kenai Community Library Activity Room Chair Bob Peters *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Chairman Peters called the meeting to order at 7:30 p.m. ROLL CALL Members Present: Bob Peters, Lorrene Forbes, Janet Brown, Janice Rodes, Vincent O'Reilly, Carol Brenckle, Members Absent: Kathy Heus, Elissa Fahnholz Also Present: Emily DeForest, Councilman Joe Moore, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA FORBES MOVED TO APPROVED THE AGENDA. MOTION SECONDED BY BROWN. AGENDA WAS APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES FORBES MOVED TO APPROVE THE MINUTES OF NOVEMBER 4, 1997. MOTION WAS SECONDED BY BRENCKLE. MINUTES OF NOVEMBER 4, 1997 WERE APPROVED AS WRITTEN. 4. PERSONS SCHEDULED TO BE HEARD a. Tess Whalen - Economic Development District Whalen attended the meeting at the request of Chairman Peters to discuss fund raising strategies with the Library Commission. Whalen explained that she was aware of the activities of the Friends of the Library and the Commission with regard to raising funds for the library addition. She stated she would make suggestions on how to communicate the needs of the library to the community. Economic Library Commission December 2, 1997 Page 1 development is both a process and a strategy and Whalen stated she will discuss ways in how to bring a project to life. The following suggestions were made: Identify the movers and shakers in the community who could ignite public interest. 2. Identify the supporters and those that do not support the library addition. Whalen suggested a letter to the Editor of the local paper. 3. Promoting and facilitating public meetings. Again this will bring out the supporters and the opposition. Once the issues and/or concerns are laid on the table the Commission can systematically attack those reasons by coming up with positive arguments on why the library addition is essential to the community. Once the interest is there then the Commission could build on it. 4. Another avenue would be a philanthropist. Whalen explained that she had an extensive library of philanthropists that has been developed over the past ten years. She would be happy to help with the search for one. However, she also indicated that in order to get support from this avenue, good community support and interest is necessary. 5. Educate the public on the library and what it can do for them individually. Promote local public awareness and focus on all age groups. 6. Go to other organizations in the community to discuss the needs and explain why they are needed. Discussion took place on the bond issues that were turned down twice. Peters stated a needs assessment was done and a survey of the community was taken. This information was submitted to the City Council and they were sold on it to the extent to let the public decide. Peters indicated there was not a lot of support from local government. The extent of the support was allowing the Library Commission to have a bond issue. Brenckle stated the most devastating attack was when this Commission was going for more space the opposition came out with a chart of libraries that were smaller than this one in larger communities and were viewed as sufficient. 7. This library should offer more to kids than what the schools do. Library Commission December 2, 1997 Page 2 8. Get positive press which focuses on the advantages. Utilize celebrities to raise money by donating time. Go for matching or challenge grants. Challenge major businesses in the community to match other donations. Consider local television ac-rtisements. 9. Utilize resources that are available to get the needs out to the public. Economic Development is a resource and is available to help. Forbes asked if plans were needed before a philanthropist would assist with funding. Whalen answered, a plan doesn't have to be in place as a schematic would be sufficient, however, accurate estimates would be required. Discussion took place on how to get plans drawn up. It was suggested that an architect be approached to see if a donation is possible. O'Reilly stated the appraisal earlier of the lack of Council's support of the library was accurate. The defeat from the last bond issue was exhausting and terribly disappointing. O'Reilly asked what role the library plays in economic development. Whalen indicated the library is referred as a technical resource for individuals writing a business plan, developing marketing strategies, etc. Peters thanked Whalen for her presentation and invited her to the Library's Christmas Open House. A general discussion took place after Whalen left and it was pointed out that most of the suggestions made were already in place. Additionally, there is no real urgency to complete the fund raising effort as Council indicates it would take about 3 to 5 years before the library has another chance at a bond issue. Rodes referenced the television advertisement comment and thought perhaps there would not be much support from that since the stations are based in Anchorage and they are in the process of closing some satellite libraries. S. REPORTS a. Director DeForest just returned from vacation. Circulation is down from last month but up compared to last year's figures. Library Commission December 2, 1997 Page 3 Ross was hired as the City Manager and has a three year contract. Discussion also took place on the possibility of hiring an Assistant City Manager. Moore stated this would be considered during the budget process. This assistant may also handle personnel issues for the City. b. Friends of the Library: Brown reported the raffle held the end of October raised a total of $14,225.32, after expenses. It was again noted that all but two tickets were sold. The fund now has over $20,000.00. The Christmas Open House is scheduled for Thursday, December 18 from 4:00 p.m. to 7:00 p.m. The City provided Friends with $500.00 for the party. Commissioners were asked to contact Linda McNair for a list of things that need to be done. Poinsettias will be placed around the Library for decoration. Brenckle suggested the KCHS choir be asked to sing carols during the reception. Moore also suggested the Kenai Middle School band and choir be asked to perform. James Roderick, author of "Crude Dreams" will be at the Library at 1:30 p.m. on December 17, 1997. O'Reilly asked if Roderick needed to be picked up. DeForest thought that he would not as he was speaking at the Chamber that day. Friends decided not to do the membership tea this spring because just the same few people show up. Notification will be sent out to members, however, asking for renewals. Brenckle suggested a place to sign up be available during the Christmas Open House. C. Public Relations Committee The public relations committee meeting was canceled and has been rescheduled. 6. OLD BUSINESS a. Library Christmas Open House Scheduled for December 18, 1997 from 4:00 to :00 p.m. Contact Linda McNair for a list of things that need to be done. 7. NEW BUSINESS - None Library Commission December 2, 1997 Page 4 S. COMMISSIONER'S COMMENTS / QUESTIONS Commissioner Rodes asked if special meetings need to be held to invite people to come in and offer comments regarding the library addition. Peters answered, yes but at this time he is unclear when the Commission would be prepared for the meetings. Discussion took place on how to get people in to discuss the library issues. Moore suggested the top ten tax payers in the City of Kenai be invited. Commissioner Forbes thought Ms. Whalen's presentation was very good and is re -encouraging. Forbes suggested the Commission find out who some of the people were that were involved in building the cultural center because surprise was expressed at how much money was raised and the City then had to match. Forbes also suggested those involved be invited to a meeting to give an outline of their procedure. After some discussion it was decided that Peters and Forbes will do some research on who was involved with the cultural center. Forbes asked if anyone had seen a request from the library for money for building plans. DeForest stated that will go to the City Manager with the budget. Forbes offered to do the letter to the Friends of the Library for their fantastic efforts with the fund raiser. A copy will be provided to the newspaper. Commissioner Brenckle felt the meeting was interesting and is somewhat discouraged but at the same time feels that it is important to keep trying. Brenckle suggested a feature article in the Clarion recommending the public give the library a banned book for Christmas. DeForest stated the library has copies of the banned books. Discussion took place on various banned books. Commissioner Peters thanked Moore for the suggestion of inviting Whalen to the meeting. The presentation was enlightening and motivating. Peters also thanked Forbes for offering to do the letter to the Friends. Peters wished everyone a happy holiday and hoped to see them at the Christmas Open House. Commissioner O'Reilly again offered to pick up author John Roderick if needed. 9. INFORMATION a. Kenai City Council Action Agendas of November 5 and November 19, 1997. Library Commission December 2, 1997 Page 5 10. ADJOURNMENT O'REILLY MOVED TO ADJOURN. MOTION SECONDED BY FORGES. MEETING WAS ADJOURNED AT 9:10 P.M. Respectfully submitted, Barbara Roper Library Commission December 2, 1997 Page 6 t-d �/j oMayor John Williams & 2 Members of City Council 210 Fidalgo Ave. 6Kenai, AK 99611 v a 11" �t�%K�C'1L24 o The Library Needs Your (Support Help e OU!, 3 L.sA4fVo,,wu �P �n ?0 ` Mayor John Williams & z Members of City Council 210 Fid ve. Kenai, K 9 a 0 2ct ba , E . Mayor John Williams & Members of City Cou it / 0 210 Fidalgo Ave. L,1� � r `) 'Kenai, AK 99611 X D Ij \ 1 l U _Werzai Community _fdxaz A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283.4378 REPORT FOR THE MONTH OF NOVEMBER, 1997 Circulation Adult Juvenile Fiction 1879 442 Non -Fiction 2066 341 Periodicals 71 Kits Puzzles Phonodiscs Cassettes 4 1 - 124 Total printed materials .. 6314 Total Circulation .. 7522 Additions Docs Adult Gifts 10 62 Purchases 187 Total Additions ... 306 InterLibrary Loans Ordered Books 36 �-w Easy Books 1173 342 Videos Misc. 598 481 Juvenile Easy Books AV 7 11 1 11 27 Received Returned 34 29 Interlibrary Loans by our library .. Books .. 38 Volunteers .. Number 22 Income Fines and sale books Donations/Lost books Xerox Total hours .. 127 $1,141.65 268.75 287.25 Total Income for NOVEMBER, 1997...... $1,697.65 Xznai Community -fdma zy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 LIBRARY CARDS ISSUED NOVEMBER, 1997 KENAI 89 ANCHOR POINT 1 CLAM GULCH 6 COOPER LANDING 3 KASILOF 8 NIKISKI 26 SOLDOTNA 31 STERLING 13 OTHER 15 TOTAL 192 Library Patronage .... 5,971 Persons MUN T HL'r MANF;GEMEHT F Ev i it - Ilonthl, Manaaement Feoort kenai Communit,; Libi e.r. a�0:-er„iew•• krl OLf l'�'a' Lhanae I. N(7V t' ':+r Chanae Fi iD I_aat F✓l'Li l_hanue - t o 217) NO'' - to DO NO% at > Buie Lhec4 out. 4 LSc 11 . +i _u -1 11 . bS 2,c1---I �Ur tie Feneviala -71 11krL " .3 - - ewale 17r" 242 -27 v?^�• "i O,-If li]n'� _.�,f_,1 i3h. ��_� -Ifr "�'., 1�1F"ilk l_r_�1 lll�i F. ��1�•T',: HLL1 UUIL 11l -IL.2 2t• I 14. 14. +• uIaI- C:heCl in=_ ;rr rv,c;r• -lt.7i 4554 11.=;%. 30.?1 27t'97 �,- e Ch_ _!:ins 1 �E•� 1^�' -2L' . � t'. / � - 13'. -22 7'/, 6.2i-12 704 1 - t c, .ti' NEL1lhJ_, --- r.13 74t.t. or)_ keaietel- ea 1'�.• 22c -1 E r ins Deleted -_ -22' -moo -" 3'; -_-'•' MONTHLY MANAbElIENT REPORT Monthly Manaoement Reool- t bf- HNCH - i:enal Cc)mfnt.init,/ Librai-, ol Hu", kR ltr-in '.St--kt,stl—lk Classes —Use Counts (A NOV hzk f, a e Chancre FY TD Last FYID t o 3(.-,) NOV to 3(L�) NOV �Ai 4F t40Wh IC.TioPA HDULT) 20) 1 . 3-1 V. 10223 1 (m)67 I uI(JuRAFHY 3-- 3(-,, b .7% 133 1 S, 2 4-JUILIJ -2") 471 2 CAII C F UD I CHL3 4 - 4 1 5S 22 .4% 423 415 [101 - Eli-)Cl IMENTS 1 71 14 W 0 1 E. - 25 . o% 34 ".2 4 5 .21 , EF EH5r F I C I It iN I I IE2 I t. C 1:. -233 .4% 1032 13 f-.% 8211 6814 20 EI'll Ef21�,', NDN-FICTION 342 425 - i 3 15 1-71 - 3 7 1974 2124 -7.1". F-1`14 EtW�FAf-EFDA,il: % 7. 1 ED E U U I Fil E I'J T 1 2% 17r- -_J.4 C-44 -24 -2*, FICTION (HL11 JL 1-.) Cj I t-7 3 7 4 3 a E. ;262 3 ILL fN7I--FL-IDF0F)' LOAN 2L .2", 1 22 INT IPJTEFI,JET p) U,' AUDIDJ A'�-.-IETTES -42 57 313 IF I UV FICTION T, E J 59 - .3 417 14 2451 2,75 )FI-m JUV . F I I-rIS,'F I i- M51 F I ll'IF NON—F L L r I ON -141 '4 - I 3 -1,47 - iF jUk F H 0 N 0 D 1 S C S JF Ult j(jYEiIILE Pi4-F-,-L;HC1 -21 1 4 v) 6E,4 3 4 4 I.IT I IT q 12 -21%1 wy 44 39 12 3'/1 MAF MF r1ICA--0FIL-j,i/F.[C.JiL Ill I j1- F'(JZ-'LES /GAML 13 1 4 5 IlRDF MACHINE READAbLE DA 2 1 HIJ I I I IHr I I- [ (I I [ ()I,l I t,l F FI-104 I' I,f Ml it lo I SI !3 6 P H I'l 1`W'VHLFT' 2(;I(;) Q) PBf . P A F t, fe Eq A i K S 32, b 53.tr% 18(7)2 1534 35 1 VC YI I , ED Cf45t3El TES -3 .5% 48 7 22 35 3063 292 J iF ''Eh I [CAL FILE 2 1 2 x X BE 6113 BOOT INT INTERNET i:OMF'UTER E Ui-iul BAG 010t IDWS W I TH F E=NA UDIu CASSETTE I ANEF,a4 LF' ri I FF I- IODIL'AL EciC� HI -NCI A LiOCijl,IErdTE I1 1:('UIi-NLN1 f i`ILf1 S RJ' �,�J'1 I�r,f'IE_• 601 uLNEALud, ILL IHTERLIBRAh,'(LCJHN 1FS [F;3 rUBLICATIONS Jl IT JUVEi'41LE i IT IF JIGSriW F'IJ=-LES I I E IT PIAr flt'F MF tIICF.OFILII/FICHE 1111-' F 1 LNIS 11f;OF CHII'dE F;E-'iE,4 E3LE DA F FHOIIODISC. F IM t RIPHLET F EE F'AF'ERBACI Pt Ft 1 PLANERS 14 l 1 L F'F.RENLL I E H1 t;L. UOUI L ' [ DEiO (_kiSF-T TEO VF It_.FTICAI._ Fli E It-rt,il-_ ( LIMN LOU, nbOSICENj MOf•ITHL ( MHNAGEMENT REF'OR r Nlunthl.. Management Reoort BRANCH - -- k:enai Commi.inity Library - 01 NOV 1997 —Item Tvpes**Use Counts 01 NOV al OCT Y. %tinge 01 NOV % Change FYTD Last_ FYFD % Cl�anae 15"7 lwi r 1996 - to 30 Nov - to 30 NOY 514 1S_ 1221. ,. 51 5D50 40SO - . poi, 30168 ES51E 5.W. 05 64 l .b% Sc'_ -20.7% 417 3 o. ILA 1-+4-�c•.1% 1`_5 --17.3% 735 35? -4. 1 % to 18 .6% 421 3-9 _ . _,. 2v 21 33.1% 17 70.6% 181 to 223.2', o - 100. i-l" 4 1 E -61J 1 4 -75.OX -F,�,,7% 1 19 4 0 -50.W.' 4 1%I,iil% 40 24 6 .,.. � 1 jr,lti,.it: 2 -1 i!n=r -100.0%, 4 -1000% 0 13 -moo._„ ?7 28.6% 100.0% 22 21 4.0,. 4,'.; 4 63% -23.2% 319 51 .7% 2299 21r%�4 3i. % -,�.'l.(o% ,+ -2`,.r_rV. 21 A - I L.,... SA c 2'? -C . ` % 073 OWN 3273 0289 - 0 .5% 500 620 -3 .5% 480 22 .5X 3063 2925 4 .. . t'Il I &woo l.t:.% 41417 .em_., u _, _. • ' " .. - . •.,., 01 NOV 10-7 LL COOLER LANDING !I N1 NTNILCHIr s; A A w t! .19-c4, 5601 rulm HESIDL E »us me «. _ c <zAm cap RLAD W \\ C CHILD ,-- TO s, 791 u HONLP RESIUEmI : u+ m TER-LIaRAR¥ LOHN :c , ,uvEOILL rc -1Si 400 r rEUAI CITY RESIDGJ 3973 rA EASILOF RESIDENT 346 u u R3 wJ RE:IDEwT 153n uw r M£uRA+z oR NUM -RE 113 0 OFF THE RE 2 RSUEA R !! OF uRGAMl=ATImi !z s SnLDOTNA RE3IDEwI 1051 3E SEWAFU Sm SENIUR L Glzeu (65 ISO ST STEALING SE u reG! COLLEGE SIUDE w WILDWOOD CORRECTION 10 yA £ouuR ADULT i14-1e, E71 MONTHLY MANAGEMENT REPORT Month1v Management Reoor! BRANCH - - Penal Community Elbrary - 01 uov 1992 --r w ron slatisn cat classes• -use Eounls w! OCT : Lhange m! u09 t change FYTD East FYTD : Chan, !«m 199G - to 30 Nov - to 5@ NOV - 266.7k 100.0% 1; 0l2s.av a 8 2% 21 15V1% 134 - ` �9 G3 -11A 5170 9.0% 31717 e9w67 2,3 , 1c77 100.w% IS2 , 8100.+ 10 1o.05 ,c -51.8% 160 115 e4.4% 05S - 7.44 706 12.0% ' saeO 4590 10 w: ! 100.0% E -66.7% e@ 66 .2222% :9 - 7.7X 2A 50.0% 161 US -4.2: W) -22.5% 38S 25.3% 3372 25e4 as.Ci 4080 -15.IV B557 11.711 22929 20492 422 -18.0% 347 -0.3% 1718 1551 16.W. 1741 -11.7% 1484 3.6% 91S6 8541 7.0, 145 -LS.6% e5 e37.Ik 1171 33D 2e1.eG e 37.5; 5 22 WX 24Q lee e5.2; 7 71 A; 6 I@o.OK !!! ! If, c -ec.a5 1154 -3.5 905 16.7% Sea! 5430 7.4K ! -100 3; . !00 ws z!4 -28.0% 97 58.0K 1066 240 e6.9: 113 -27.4% 56 46.4% 696 564 23.41 ! -!a>w: ze -5.02 !e 58.3% 92 00 -7.lx E57 5.41 22S 18.9% 1397 1193 17 Ar: MONTHLY MANAGEMENT REPORT Monthly Management Report BRANCH - - f*enai Community Library - 01 NOV 199-7 ►P.A t r LD n Statistical Clisses**New Adds W NOV 01 OCT A Change 01 NOV X Change FYTD Last FYTD K Chanm c I JUI LF; L,1 ILI 1 1AG 15,7 2 to 3@ P40V to 30 NOY Pli I N i LCH 1 0.0% 00 OV. 4 1 W v)", 100.0% 100.0% 2 ,,.CULT , r1ii-hul, 14L - 17 6!/, 31 44.4X. 7 2'::# 4 71 J�_- I 14'L - 1 _I_M _iLLL[l t,E,_IbCN( 100.0% 3 CHILD SIDS3) 21 25 9 133.3% 1@1 0 60 H HOMER NESIDENT Zvi12 Allt ILL JiITEhLlBRCkV LOAN 1 IE 2 -100.0% 1 4 75 . Wl. lliVEHILE (Q 13) 26 215 30.0% 3 15 -66.7% 73.3% 15 133 It, 5 0. Q� ILA 4AI CIT( RESUENT 61 95 -35.8% 43 41.9% 364 39 267 4 9 4',. WASILOF RESIDENT 3 -50.OV. 3 32.3% 45 24 30 K ,, Nif II -I I RE,)IDLl,JF 4 31 9.7% 12 MAX 146 30 M 124 rLNFOFtLlh', OR NON -RE 5 1 V I q) % 1 OFF THE FLI'111'45ULA F: 3 -100.0/ 3 3 2 ORG IJ f , G,=; N I T I ON N _-,, i)ULDOFNA RL31DEHT 20 2z 0.0% is -100.0% 76.9K SE REWARD 141 86 _+ "EN10F, LIFI-EN kt,lf, j 2 -50.W. L -100.0% _IEFI 1 0.0% 1 3 232 W, ENAI COLLL6E STUDS t 5 20.0% 2 200.0% 30 25 w ,JILLIvJuOD I-OHRECTION GUNG ADULT ( 14- 18) 1 -100.0% 1 0 A 0 . W. 44 1 (-;) 0 .0 MONTHL( MHNAGEMENT REPORT Monthly Management Repori HPANCH - - Kenai Community Library - 01 NOV 1,�97 **P6tron Tvpes**New Adds I NOV v,I OCT V, Change w 1 NUV Chanae FYTD Last FYTll r, ChanaE 17 6 to 30 NOV to 3(; NOV I L L ilATEF-LIBk. F-( LOAN 1 I v -66 .7% 14 NR NON -F; Elj I DENT 5 12 41.7% 140 .12 52 .2,,. F, i,TIUN 1 -) . 7) 1(;111' - 1, ES I Dt.-P,l 1 1 32.7% 676 -�24 ff hl F f-11- I [,E14T k t- I AEWF4L 55 -IS.2i. 4 1 2 `_7. . 273 24 1 o� STAt- F: VOt HNTEEF rot --A S 2e2 113 E-3 . 6% 111; 3 fi, IfIt. .2;. KENAI PARKS & RECREATION COMMISSION AGENDA DECEMBER 4, 1997 CITY HALL COUNCIL CHAMBERS CHAIRMAN RICHARD HULTBERG ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - November 6, 1997 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion - Water at Kenai Cemetery b. Discussion - Hansen Park Proposal/Review and Design Work ITEM 6: NEW BUSINESS a. January 1, 1998 Commission Meeting (Suggested change 1/9 or 15/98) ITEM 7: DIRECTOR'S REPORT a. Kenai Peninsula borough Trails Commission Update - Homer Meeting b. Summery of Teen Center December Events C. Three -on -Three Basketball Tournament d. Teen Center Computer e. Street Pole Decorations f. Elks Hoop Shoot ITEM 8: QUESTIONS & COMMENTS ITEM 9: CORRESPONDENCE ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 11 • INFORMATION a. Council Action Agenda - Meetings of November 5 and 19, 1997. b. 1997-98 Adult Recreation Basketball League Master Schedule. C. Certificate of Appreciation to the Kenai Teen Center from the Kenai Peninsula Food Bank, Inc. ITEM 12: ADJOURNMENT KENAI PARKS 8a RECREATION COMMISSION *** MINUTES *** December 4, 1997 - 7:00 P.M. City Hall Council Chambers Chairman Richard Hultberg 1. CALL TO ORDER AND ROLL CALL Vice Chairman Sandahl called the meeting to order at approximately 7:10 p.m. Members Present: Dale Sandahl, Jack Castimore, Tim Wisniewski Members Absent: Richard Hultberg, Ronald Yamamoto, Kelly Gifford Also Present: Director Bob Frates, Councilman Duane Bannock, Contract Secretary Barb Roper Sandahl canceled the meeting due to lack of quorum. 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES -NOVEMBER 6 1997 4. PERSONS SCHEDULED TO BE HEARD - None 5. OLD BUSINESS a. Discussion - Water at Kenai Cemetery b. Discussion - Hansen Park Proposal / Review and Design Work 6. NEW BUSINESS a. January 1, 1998 Commission Meeting (Suggested change 1/9 or 15/98) Parks & Rec Commission December 4, 1997 Page 1 7. Director's Report a. Kenai Peninsula Borough Trails Commission Update - Homer Meeting b. Summary of Teen Center December Events C. Three -on -Three Basketball Tournament d. Teen Center Computer e. Street Pole Decorations f. Elks Hoop Shoot 8. QUESTIONS & COMMENTS 9. CORRESPONDENCE - None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD - None 11. INFORMATION a. Council Action Agenda - Meetings of November 5 and 19, 1997 b. 1997-97 Adult Recreation Basketball League Master Schedule C. Certificate of Appreciation to the Kenai Teen Center from the Kenai Peninsula Food Bank, Inc. 12. ADJOURNMENT Respectfully submitted, Barbara Roper, Contract Secretary Parks & Rec Commission December 4, 1997 Page 2 KENAI PARKS & RECREATION COMMISSION December 4, 1997 - 7:00 P.M. City Hall Council Chambers Work Session Vice Chairman Sandahl requested an informal work session as four representatives from the Kenaitze Indian Tribe were present to discuss the Hansen park proposal. Also present for this discussion was Public Works Director Keith Kornelis. Councilman Bannock explained the Hansen Park Proposal was approved by resolution but had two stipulations attached. The first was that the park be named the "Erick Hansen Memorial Park", and secondly, as long as the park remains in the City's hands it will remain a park. It was noted that should the City give up ownership the park would revert back to the original owners. The responsibility of the park with regard to design and development lies with Parks and Recreation. The department will report back to Council on the progress, etc. Kornelis prepared a cost estimate and it was discussed. A lengthy discussion took place on the condition of the area and what would need to be done. Kornelis indicated a lot of fill would be required as what is currently there is not suitable for a large structure. It is also recommended that a wood fence be provided rather than concrete due to the instability of the ground. Dr. Hansen would like to put a statue of a boy scout in the park. It was noted the statue would not be large. Discussion also took place on a sprinkler system for the park. The group reviewed sketches of the area and a lengthy discussion took place on the fact that it is a burial ground. It was noted that if any digging went 10" it should be okay, any deeper however it is possible to find remains. The Kenaitze representatives asked what would happen should any remains be found. Kornelis stated any work in progress would be immediately stopped and the State Historic Society would be notified. Bannock noted this particular area is the most stable area of the bluff. Kornelis stated the RV park next to the lot used topsoil and seed for their area and it did very well until the snow removal efforts last winter pushed it all over the side. It Parks & Rec Commission December 4, 1997 Page 1 is possible the same type of topsoil and seed will be used for the park. A representative from the Kenaitze Indian Tribe recommended that native grass seed be used as anything other than that would possibly kill other vegetation in the area. Sandahl expressed his interest in the park and stated that it would be nice to have a peaceful place to visit. He also stated that he would like to see a fence type structure that goes around the perimeter that would give a chronological history of the area. Discussion took place on the type of educational information that could be provided. The Kenaitze representatives would like to see signage that designates the area as a burial site to assure respect and honor of the area. It was also suggested that informative brochures be available at the park. The Kenaitze representatives also suggested that children work to build the park as it will be better accepted by the public when kids are involved. Sandahl recommended that representatives from the Kenaitze Indian Tribe attend the Parks and Rec meetings that have discussion on the park. Kornelis noted that the exact cost of the park would be discussed during the budget process. The Commissioners and the representatives from the Kenaitze Indian Tribe expressed their willingness to work together on the project and are very positive about it and its potential. Parks & Rec Commission December 4, 1997 Page 2 CITY OF KENAI �" 5 Od Cap" 44"C4& 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b� 'lull 1992 MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: December 10,9797 RE: PARKS & RECREATION COMMISSION MEETING January 1, 1998 The Parks 8s Recreation Commission Meeting normally meets on the first Thursday of each month. In January, 1998, the first Thursday is New Year's Day. The Council Chambers will be available and their won't be a conflict for the contract secretary on Friday, January 2; Monday, January 5; Friday, January 9; Thursday, January- 15; and, Friday, January 16. Does Council have any objections in changing Parks & Recreation Commission's meeting date for their January meeting? If no, to what date do you want to move the meeting? CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS November 26, 1997 - 7:00 p.m. http://www. Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: November 12, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-49—A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with Footnotes b. PZ97-54—A resolution amending the Kenai Municipal Code 14.20.160(b)(6)(A] Townhouses to include total lot coverage for all zones in the City of Kenai. 7. NEW BUSINESS: 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Memo dated 11 /13/97 requesting cancellation of 12/24/97 meeting b. KPB Planning Commission Action of October 27 & November 10, 1997 c. Memo from KPB Planning Department dated October 18, 1997 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION November 26, 1997 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, Karen Mahurin, Carl Glick, Michael Christian Members Absent: Barb Nord Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: CHRISTIAN MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: - November 12, 1997 GOECKE MOVED TO APPROVE THE MINUTES OF NOVEMBER 12, 1997 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. Bryson requested that the last sentence in the third paragraph on page three be changed to "Bryson stated that a 40' minimum may be desirable". Bryson pointed out that a 40' minimum is not a requirement. WITH THE ONE CHANGE NOTED THE MINUTES FOR NOVEMBER 12, 1997 WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None S. CONSIDERATION OF PLATS: - None 6. PUBLIC HEARINGS: a. PZ97-49 - A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with Footnotes Planning & Zoning Commission November 26, 1997 Page 1 GOECKE MOVED TO APPROVE PZ97-49. MOTION SECONDED BY WERNER-QUADE. No public comment. Kebschull clarified that on page 2 of the Land Use Table, under RR1 Zone, Commercial should have read C19. When the table was printed the C19 did not print. Kebschull noted in her memo that it was unclear whether or not warehouses under RS needed to be a C19. The information and comments in the staff report need to be reviewed to make sure the intent is to not allow any manufacturing in the RR or RS zones. Kebschull noted that the Commission may want to consider keeping it a C considering the gentleman who wants to build cabinets in his garage. C19 requires egress and ingress from the Spur Highway. Kebschull reported the Historic District Board questioned why the entire residential section of the table had permitted uses only in the one and two-family dwellings and conditional for everything above that in the current table, and permitted in all sections on the new table. The Board was not necessarily against it but wondered if this is what was actually wanted. Glick referenced the last item regarding the townsite and asked Smalley if that is what Council had recommended. Smalley replied that he was sure it is what Council had recommended. It was verified that it was permitted instead of conditional. Kebschull stated the townsite items were noted from the staff but never changed or discussed. Kebschull reported that she talked to the building official about it after the townsite meeting and the property sizes were looked at. They vary greatly and the building official felt that lot sizes would determine building size. Christian stated there were already some large family dwellings in the area so a change now would seem inconsistent. Christian asked about the other area of concern with regard to manufacturing in the RR 1 and RS zones and whether or not the 19 footnote should be kept on it. Kebschull verified that the 19 footnote would allow only the use on lots with access from the Spur Highway. Christian stated that he had no problem with leaving the footnote on table. Kebschull reported there is concern that conditional uses are similar to permitted uses and in general are not considered as commercial. When Planning &. Zoning Commission November 26, 1997 Page 2 a conditional use is reviewed in a neighborhood it is usually a low-key, family operated type business which can always be denied under the conditional use process if someone comes in for a commercial type warehouse. Staff is concerned about taking away an individuals right to operate. An example would be someone making jewelry in their garage and warehousing or storing it for craft shows. Goecke stated in most businesses with the footnote under RR1, Commercial, are going to take place off the Spur Highway anyway. The one that should not have the footnote is the professional offices as there are many that are not right on the highway. MOTION # 1: CHRISTIAN MOVED TO CHANGE Cl' DESIGNATION IN THE RR1 AND RS ZONES UNDER MANUFACTURING, FABRICATION, ASSEMBLY AND STORAGE AND CHANGE IT TO A REGULAR "C." MOTION SECONDED BY MAHURIN. Werner-Quade stated that since they already ask for a conditional use permit, access will probably be questioned at the time of application and an appropriate review will take place then. Christian stated the RR1 and RS zones seem quite widespread and to require that it has to be on the Spur Highway seems too restrictive, especially for RS. VOTE (Motion 1) BRYSON No WERNER-QUADE Yes GOECKE Yes NORD Absent MAHURIN Yes CHRISTIAN Yes GLICK Yes Motion passed with five yes and one no Kebschull requested clarification on whether or not C19 should be included under warehouses in the RS Zone. Bryson stated the RS zone is very large and operational activities vary widely. The majority of these businesses do not front on the highway and that would be a reason to change it as most situations are not addressed. MOTION #2: BRYSON MOVED TO SHOW THE WAREHOUSE UNDER THE RS ZONE TO BE A "C." MOTION SECONDED BY GOECKE. Planning & Zoning Commission November 26, 1997 Page 3 7. 8. VOTE (Motion 2) WERNER-QUADE Yes NORD Absent CHRISTIAN No GLICK Yes GOECKE Yes MAHURIN No BRYSON Yes MOTION PASSED WITH FOUR YES VOTES AND TWO NO VOTES. MAIN MOTION: VOTE (Main Motion) GOECKE Yes NORD Absent MAHURIN Yes CHRISTIAN Yes BRYSON Yes WERNER-QUADE Yes GLICK Yes MOTION PASSED UNANIMOUSLY b. PZ97-54 - A resolution amending the Kenai Municipal Code 14.20.160(b)(6)[A] Townhouses to include total lot coverage for all zones in the City of Kenai. GOECKE MOVED TO APPROVE PZ97-54. MOTTION SECONDED BY CHRISTIAN. No public comment. Kebschull referenced Mr. Springer's memo where he explains how some things were not taken into consideration when previous recommendations were made. VOTE NORD Absent MAHURIN Yes CHRISTIAN Yes BRYSON Yes WERNER-QUADE Yes GOECKE Yes GLICK Yes MOTION PASSED UNANIMOUSLY NEW BUSINESS: - None OLD BUSINESS: - None Plann:--lg & Zoning Commission November 26, 1997 Page 4 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS: a. City Council: Councilman Smalley provided the following report using the City Council Agenda of November 19, 1997 as a guideline. Item C-1, Comprehensive Plan, this item will be discussed at the next meeting. Item C-3, Donated property to the City from Dr. Hansen. There was a resolution from the Kenaitze Indian Tribe objecting to the proposed park. This resolution was read into the record. After much discussion the representatives from the Kenaitze Indian Tribe relaxed and felt better about the proposal but were unable to withdraw the resolution as it required Board action to do so. The Kenaitze Indian Tribe will be involved in the development of the park. Smalley noted that the lot is not within the Townsite Historic Zone, it is one Iot out. Item B-1, The City granted a six month lease to Dottie Fischer to operate a travel agency from the glassed in area of the terminal. It is the intent to have Fischer operate from the gift shop once the City is able to bring the existing lease to closure. Item H-4, the employment agreement with City Manager Richard Ross was approved. Mr. Ross will be the City Manager for the next 2.5 years. During the budget process the Council will be looking at developing an Assistant City Manager position. Under the Administrative reports the City is reviewing the possibility of logging the beetle kill trees in Section 36. The problem in the past dealt with logging and hauling the stumps out. It is possible that a shredder will be used to shred the stumps and the material will be put back into the ground. Discussion took place on providing water at the cemetery. Several options were considered and it appears a tank would be provided. This tank will clearly state the water is not drinkable_ The Visitors Center had received eight moose antler carvings. These will be displayed in the exhibit area. Planning & Zoning Commission November 26, 1997 Page 5 The Library and the Visitors Center is having their Christmas reception on December 18. The Planning and Zoning December 24 meeting has been canceled. The ARFF project is going very well. The animal control shelter should be ready for occupancy the first part of Februarv. Four Council members went to the Municipal League Conference in Ketchikan. Smalley reports the State is very envious of the City of Kenai. One reason being that Kenai has close to $20 million in ongoing projects and only about $200,000 is being funded by the City. Discussion took place on the permanent dividend fund interest and the possibility that the various municipalities will receive half of the money for various projects and/or improvements. Smalley wished the Commission a Happy Thanksgiving. Christian asked Smalley since the City is considering an Assistant City Manager perhaps they should also consider an Enforcement Officer to take care of the violations. Kebschull confirmed there is no official enforcement officer within the City. When a problem occurs, Springer is sent out to investigate. Smalley stated the Assistant City Manager position will not be discussed until closer to budget time. Christian suggested that perhaps the interest from the permanent dividend fund would better benefit the State if it were used for the education endowment or similar issues. Werner-Quade requested that Smalley comment on Bannock's question to Council regarding the Challenger Learning Center. Smalley reported that discussion came up with the Challenger Learning Board about who will own the equipment in the building. The Challenger Board felt that since they will be licensed to operate the facility they should owned the property within the facility. Smalley stated from very early discussion it was understood that the City will not only own the building but they would own the equipment within the building as well. b. Borough Planning Bryson reported there was a Borough Planning Commission meeting on November 24, 1997. Prior to this meeting there was a plat hearing. D-1, Poachers Cove Addition No. 1 was discussed. This is an area where recreational lots were platted and they require community water and sewer. D-2, Baron Park No. 11 was approved. Planning & Zoning Commission November 26, 1997 Page 6 In the regular meeting Item G-1 under Pubic Hearings is a petition to vacate a right of way and a section line easement that goes from a dedicated road wav to the beach. This parallels a situation in Kenai where the Dutweiler's petitioned to vacate the right of way on the southern border of the beach. In this case the DOT did not agree to the vacation. In the new case in Anchor Point the DOT, Division of Lands, the Anchor Point Advisory Planning Commission, and approximately five adjacent property owners went on record as being opposed to the vacation. After public testimony the Planning Commission recommended denying the vacation. This may be a petitioned reversal at the Assembly level. Item G-2 is a request to vacate a portion of a cul-de-sac in the Cooper Landing area. This is a situation where a well was constructed in the cul-de-sac. The owners of the adjacent property are concerned that shortening the cul-de-sac would shorten the potential for development of their property because the only access is along the right-of-way. Action was postponed on this item to find out exactly where the well was located and whether or not the entire width of the right-of-way is needed. Item H-1, Anglers Acres, vacation of an easement area for HEA was approved. Item I-1 the proposal to break 160 acres into four 40- acre tracts and a request of a waiver of the requirements for surveying was granted. Item Q-2 is request in Cooper Landing to reclassify Borough property from resource management to recreational. This is an area that overlies a mining claim and a residence. The Planning Commission had requested to postpone action on this until March 9 of next year but the Assembly declined to do that. This request was subsequently denied at the last Assembly meeting. C. Administration: Kebschull reported, building in the City has continued since the weather has been cooperative. 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Memo dated 11/13/97 requesting cancellation of 12/24/97 meeting. Planning & Zoning Commission November 26, 1997 Page 7 b. KPB Planning Commission Action of October 27 & November 10, 1997 C. Memo from KPB Planning Department dated October 18, 1997 12. COMMISSION COMMENTS AND QUESTIONS: Commissioners Werner -Quad, Christian, Goecke and Glick wished everyone a Happy Thanksgiving. Commissioner Mahurin reminded the Commission that she will not be at the next meeting and also wished everyone a Happy Thanksgiving. 13. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 7:45 P.M. Respectfully submitted, f Barbara Roper, Contract Secretary Planning & Zoning Commission November 26, 1997 Page 8 7�1 / CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS December 10, 1997 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: November 26, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-55—Rezoning Application —Tract 1 A, Parson's Homestead #3 from Rural Residential (RR) to Suburban Residential (RS). Application submitted by Clint D. Hall, 1212 First Avenue, Kenai, Alaska. 7. NEW BUSINESS: a. PZ97-56—Home Occupation Permit —Massage Therapy —Lot 9, Block J, Woodland Subdivision (610 Laurel Drive) —Application submitted by Sharon L. Van Natta. 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB letter dated 11 /26/97 to Brian Lowe b. KPB Planning Commission Action of November 24, 1997 c. KPB Planning Commission 1998 Calendar d. City of Kenai Ordinance No. 1763-97 e. City of Kenai Planning Commission 1998 Calendar 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION December 10, 1997 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at approximately 7 :00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Teresa Werner-Quade, Ron Goecke, Barb Nord, Michael Christian Members Absent: Phil Bryson, Karen Mahurin Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. CHRISTIAN SECONDED THE MOTION. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: - November 26, 1997 WERNER-QUADE MOVED TO APPROVE THE MINUTES OF NOVEMBER 26, 1997 AND ASKED FOR UNANIMOUS CONSENT. CHRISTIAN SECONDED THE MOTION. MINUTES FOR NOVEMBER 26, 1997 WERE APPROVED AS WRITTEN. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: - None 6. PUBLIC HEARINGS: a. PZ97-55 - Rezoning Application — Tract 1A, Parson's Homestead #3 from Rural Residential (RR) to Suburban Residential (RS). Application submitted by Clint D. Hall, 1212 First Avenue, Kenai, Alaska. GOECKE MOVED TO APPROVE PZ97-55. MOTION WAS SECONDED BY NORD. Plannir_g & Zoning Commission December 10, 1997 Page 1 Trish Sorrels, 1703 Redoubt asked if the rezone would affect anybody with livestock in the area or would it change the ordinance. Glick replied it would only affect the land that is being rezoned and unless she lived on the land being rezoned she shouldn't be affected. Sorrels stated she lived across the street. Glick informed Sorrels that her property would not be rezoned. Joe Moore, 1006 Inlet Woods stated he had a copy of the Land Use Table that will be considered by Council soon. Moore further stated he had no problem with the rezone as proposed with the exception of the RR which permits 5 and 6 family dwellings as a conditional use. Moore indicated this is the way the land is zoned now. The proposed change is to RS which is a "P" for permitted use. Moore continued, stating the minimum lot size in RR is 20,000 sq. ft. and a RS minimum lot size is 7,000 sq. ft. He stated, he was concerned that a five or six -family dwelling could be put on a 7,000 sq. ft. lot without a "C" (conditional use permit). Moore asked, if the rezone was approved, could the Commission put a "C" or an asterisk on the approval to note that multi- family dwellings of five or six families would be conditional on this parcel. Christian stated this was addressed and it was determined that a certain number of feet is required by other rules in order to have a 4, 5, or 6 family dwelling. Kebschull stated for clarification that in addition to the Land Use Table there is a Developments Requirement Table. In a RS zone, a five -family dwelling would require a minimum of 10,000 sq. ft. and a six -family dwelling would require 12,000 sq. ft. These require public water and sewer. The minimum lot size of 7,200 sq. ft. would be up to a three- family dwelling. Moore asked if the minimum lot of 7,200 sq. ft. would require city water and sewer. Kebschull replied, the table would probably need to be clarified but DEC requires at least 20,000 sq. ft. if there is no public water or sewer. Moore asked if there was City water and sewer in the Parson's Homestead. Kebschull answered, no but there will be water for sure and possibly sewer. This will be part of the installation agreement when the plat is presented. At this time, they are just asking to rezone the property and then will come back with a plat. The plat would be divided into lots and at that time the City will address water and sewer requirements, street width, designs, standards, etc. Moore asked who would put in the water and sewer? Kebschull Planning & Zoning Commission December 10, 1997 Page 2 answered, the developer. Moore reiterated his concern of the large lot being "permitted" and the small lot "conditional." Christian asked if there was a discrepancy in the Land Use Table would it be possible to amend it before it goes to Council. Kebschull stated the reason the larger family dwellings are allowed in the RS zones is because the lots typically have water and sewer. Kristine Schmidt, Kenai, Alaska stated she didn't have a chance to review any of the information but understands a rezone is being asked for in order to put more houses on the same piece of land. Kebschull stated, she thought it was 75 acres they asked to rezone and, at this time, it is one piece of land. Kebschull again stated a plat has not been seen but the rezone will determine the lot sizes. Schmidt continued, she was against rezoning in general because it changes the Comprehensive Plan. There is a reason for the Comprehensive Plan that was a result of a lot of input from people in the community and the public officials in the City. The Comprehensive Plan should not be changed unless there is a public reason to change it instead of only for private interest. Schmidt added, she believes the request for a rezone from RR to RS is for the development of a high -intensity subdivision. Schmidt said "you can still subdivide under the RR classification, you just can't put as many homes in the same area, you have to go to the RS designation then". Schmidt stated there is already a lot of high -intensity subdivisions in the area and there is no need for any more. There is affordable housing, empty lots, and a very large subdivision right next door that has many empty lots available that was subsidized by the taxpayers in the City of Kenai. (Schmidt pointed out the various areas on the map.) Schmidt added, she felt any more competition in that area would cause more tax dollars to be spent to subsidize the subdivision. :additionally, the infrastructure in the area is already at the breaking point with City water and sewer. There is bad water pressure, bad water, roads that are sub -standard and overcrowded. More high intensity subdivisions in the area will only add to the problem. Subdividing the proposed area will put a lot more pressure on Forest Drive because people would use Forest Drive to access the Spur Highway and not use Redoubt. Schmidt also mentioned the overcrowded elementary school where kids can't even attend their neighborhood school anymore because it's only Kindergarten through second grade. Schmidt stated, since the City does not require subdividers in the City of Planning & Zoning Commission December 10, 1997 Page 3 Kenai to pay their fair share of costs to the infrastructure that their developments cause, then the City should be very selective about allowing further high -intensity subdivisions in the area. Again Schmidt pointed out the various subdivisions on the map as Woodland, the area by the prison, and Inlet Woods. Schmidt stated the developer can still develop the lot and subdivide it, but it just won't be at the high intensity that the RS designation allows. Schmidt believes the burden is on the applicant to justify a rezone and she didn't think this rezoning request is in the public interest. Christian expressed concern with the infrastructure in the area and mentioned the State's plan to improve Forest Drive. Christian asked if any new water or sewer would be put in when the road work is being accomplished. Kebschull replied that it was not part of the plan at this time. She also pointed out the developer may be required to put in a lift station for the sewer. Christian asked if the increase in sewage water was the major problem as opposed to water pressure. Smalley answered, in the peak use time (summer time) is when the water pressure goes down, especially on the west side of town. He continued, the City is investigating placing an additional well off the end of Lawton by the golf course which will help to correct this problem. There is a good aquifer in there and the pressure and volume problems should be remedied once that well is on line. It was asked when this new well will be operational_ Smalley answered, there was no real time line, but perhaps in one to two years. Smalley addressed Schmidt's statement about the many available lots in the subdivision. Smalley pointed out that many of those lots are in litigation and nothing is being done or can be done with them until the issues are resolved. He doesn't see anything being done with that in the very near future as it's already been 10 to 12 years for some of them. Smalley continued, in a subdivision where water or sewer (or both) is put in, which the developer will probably be doing here, the lot does not remain RR. Kebschull verified that was correct, and added, the City Engineer has had conversations with the developer at which time he was told the lots will not be 7,200 sq. ft. She explained, if the developer plans for lots that size, he may be required to pave and put in curbs and gutters. The developer wants to develop a RS zone, but the lots proposed will probably be in average of 15,000 sa. ft. Christian asked if he would not be required to do any of the work mentioned if he had the larger size lots. Kebschull replied, with the new DEC regulations regarding drainage where you cannot put in dry wells, it basically has to drain into the ground. If the area is paved then there Planni;g & Zoning Commission December 10, 1997 Page 4 would be no where for the water to go as it is all flat. When the plat is reviewed it will probably be recommended that he do strip paving and ditches so that the water can run off. All of these issues would come before this Commission when the plat comes in for the installation. The developer also has to put a bond in with the City and the plat cannot be finalized until the installation is complete. Nord asked if the developer planned to put in the septic systems or will he hook into public water and sewage. Kebschull answered, he has asked and received information on hooking into water. Kebschull thought he may be planning to hook into sewer, at least for those lots in front. The lots in the back will probably not be developed for some time as it will be a phased -in project. The developer will not spend the money for a plat until he knows what happens with the rezone. At this time he is just looking at his options. If the rezone does not go through, then he may just put in septic systems. Goecke stated, he thought the cart was being put before the horse because the developer was requesting a rezone at this time. When the plat is before the Commission and they find they don't like what he has drawn up, they can turn him down. Goecke continued, Forest Drive is a problem but he hoped to see the improvements made in the near future. He added, he felt that if he lived over there he would probably come out by the corner of Spenard's to come to town. Goecke noted, he had no objection to rezoning the area at this time. Goecke felt the City needed some land to develop, especially since the adjoining subdivision was still tied up legally. Werner-Quade requested that staff state for the record who "he" or the "developer" is. Kebschull replied, Clint Hall. Nord expressed concern regarding the water pressure in the area and is hesitant to rezone until the problem has been recitified. She did not think one to two years was acceptable. If the new houses go in the area the water pressure problems will increase. Nord added, she was not against the rezone per se or rezoning in other areas, but the area in question was already overtaxed in regard to the water system goes. Christian agreed that more areas are needed for housing development as most subdivisions are full except for the new one on Swires Road which has a ways to go before it is completely developed_ Christian also agreed the infrastructure in the area and Forest Drive was not ready for a large subdivision. He added, he didn't think the water pressure was sufficient and it appeared the drainage would be a problem if there was going to be a large number of lots, especially small lots, all trying to drain into the swamp behind the subdivision. Plannir_g & Zoning Commission December 10, 1997 Page 5 Kebschull verified the drainage would go straight down because new DEC regulations state direct drainage is not acceptable. Christian stated he would like to see RR size lots in there then. Christian noted that Swires Road development had a plat available for Planning and Zoning to review before the zone was changed from RR to RS. He stated he would like to see at least a preliminary plat and has a problem with changing the zone right now. Goecke explained, by leaving the property an RR zone, the developer would have larger lots but wouldn't have to tie into anything. He could drill wells and run septic systems on each lot. Goecke added, he didn't think this was best for the City and would like to see the zone changed to RS to prevent the developer from putting in wells and septic systems on each lot. Smalley stated based on his conversations with Kornelis, the Public Works Director, he could not imagine there would be that big of a demand on water pressure and didn't think it would be a problem. Smalley also stated, to ask the developer to provide a plat at this time would put an expensive burden on him. When asked what the estimated cost would be, Kebschull estimated several thousands of dollars. She continued, Hall had fulfilled the code requirements in regard to his application which does not require a plat to request a rezone. Additionally, the City Engineer's comments that the City land use plan designation is medium -density residential was taken from the Comprehensive Plan and is consistent with the development next door in Inlet Woods and the Comprehensive Plan. Glick asked for a roll call vote. When Werner-Quade was asked to vote she responded that she was not prepared to vote because she hadn't really made up her mind. She added, she would like to see something in place before she approves a rezone, even though she thinks that it is politically correct to approve a rezone. Also, she wants what is best for the town and more developable subdivisions are needed. VOTE Bryson Absent Goecke Yes Mahurin Absent Glick Yes MOTION PASSED UNANIMOUSLY. Werner-Quade Yes Nord Yes Christian Yes Planning & Zoning Commission December 10, 1997 Page 6 7. 8. Glick requested that staff pass on to the developer that his plats will be closely scruitinized. Kebschull replied, the City Engineer will be responsible for placing the requirements for the installation and he will make sure the City's interest are taken into consideration. Christian asked if there is one small section remaining that will remain RR. Kebschull answered, there is an RR across the street. NEW BUSINESS: a. PZ97-56 — Home Occupation Permit — Massage Therapy — Lot 9, Block J, Woodland Subdivision (610 Laurel Drive) — Application submitted by Sharon L. Van Natta. CHRISTIAN MOVED TO APPROVE PZ97-56. NORD SECONDED THE MOTION. Staff had no additional comments. Christian noted the applicant was not available but indicated he lived in the area and doesn't see how this type of home occupation could be much of a problem for the area. It would actually be a welcomed item as it would not cause a lot of traffic. Christian indicated he would approve the permit. VOTE Goecke Yes Mahurin Absent Bryson Absent Glick Yes OLD BUSINESS: - None 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council: Nord Christian Werner-Quade None Yes Yes Yes Smalley reported the City donated $300.00 to the Peninsula Winter Games. This money was budgeted last spring. Public Hearings - Item C-1 was passed unanimously. This is the $1,000 received from the Wal-Mart Foundation pledged to the Challenger Learning Center. Plannir_g & Zoning Commission December 10, 1997 Page 7 The discussion on the Cunningham Park / Garcia Building Encroachment was postponed because the day of the meeting Mr. Garcia received some partial information seeking additional information. Item H-4, Dairy Queen property - the appraisal came in at approximately $245,000. This property is being put up for sale for that amount. The standard is 15% down, 10% interest for 10 years. Smalley noted the building has very little value, therefore, the appraisal is basically the property. Christian asked if the land would be leased. Smalley answered, the land is for sale. Item H-5, discussion on the American Heritage River Initiative. Councilman Moore represented the City when this came up for discussion and he was the only descending vote. Since that time, the City of Soldotna had changed their position and are now opposed. This issue is basically on hold for at least another year. It will come back and the residents of the City of Kenai need to be aware that there are outside interests that would like to see their regulations on the river. Their regulations would have some impact on usage of the river. Item H-6, letter of support for Frontier Community Services. This letter is basically a letter of recommendation from the City for approval of grants. These grants are not from the City and do not come through the City. Discussion was held on the timber harvest of beetle kill trees. Consideration is being given to grinding down the stumps and leaving the material in the area. This was done at the ARFF project and it worked quite well. b. Borough Planning No Borough Planning report. C. Administration: Kebschull reported she will be working on goals and objectives for next year and the information should be available for review at the first meeting in January. Kebschull asked the Commissioners to contact her if there is anything they would like to see included. The end of year reports will be prepared. The Land Use Table and Townhouse Ordinance will be introduced at Council on December 17. Planning & Zoning Commission December 10, 1997 Page 8 The Borough Planning and City calendars were included in the meeting packets. Kebschull asked that the City calendar be reviewed closely. 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. KPB letter dated 11 / 26 / 97 to Brian Lowe b. KPB Planning Commission Action of November 24, 1997 C. KPB Planing Commission 1998 Calendar d. City of Kenai Ordinance No. 1763-97 e. City of Kenai Planning Commission 1998 Calendar 12. COMMISSION COMMENTS AND QUESTIONS: Commissioner Nord stated she was happy to be back in Alaska Commissioner Christian commented on the Norville site stating that it gets worse and worse each week and noted there had been two uncovered trash cans there for awhile and felt nothing was being done to keep the property from being an eyesore from the highway. He added, stacks of plastic bags were outside by the dumpster today. Christian stated he would like to keep up the comments on that site as the developer was not in compliance with his plan. Kebschull stated, Norville had been sent a letter advising him that he is not in compliance. She added, they are operating under a temporary occupancy permit which is good through late spring. If they have not fulfilled all the requirements at that time, they will be shut down. Glick also noted that people are leaving the parking lot via the bike path. Christian added, the developer requesting the rezone has also had problems in fulfilling landscape plans. Christian wished everyone a Merry Christmas. Schmidt (from the audience) pointed out the Commission went past Item 11, Persons Present Not Scheduled. Glick apologized for the error and stated we would go back to that item after the Commissioners were through with their comments. Commissioner Werner-Quade stated she was glad Christian mentioned the dumpster by the video store as she had made note of that as well. 11. PERSONS PRESENT NOT SCHEDULED: Schmidt suggested the Commission consider a method .o increase public access to the r: ;nning & Zoning process. Schmidt added, the City only recently began publishing meeting notices in the newspaper. Prior to that, they Plannir_ s & Zoning Commission December 10, 1997 Page 9 were only posted on a bulletin board. Schmidt continued, the publishing of the meeting notices was now being done, but appeared only two days prior to meetings. She suggested the scheduled be published seven to ten days prior to a meeting. Schmidt also suggested street addresses be included along with legal descriptions to better identify properties, as well as the developer's name and the largest streets to which the properties were closest. Schmidt also requested the Commission's consideration of having a more neutral process, noting she felt it appeared staff took the sides of developers, permit applicants, etc. or made arguments on behalf of them. 12. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:45 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Plannir_g 8s Zoning Commission December 10, 1997 Page 10 ��\in It�Italtoli�K�Izelryl�4l��1 xtl En N 0 z x cy TR. I -A NO. 3 IM REDOUBT AVE. BACKKOOD AVE. e Lf 12 ��1134 1 iA�l j"rj)4 °1�� Z 5X1 f II i Q e �' a o x �Im 5 =zo 4 W as �f 6� a �Z ZPT * O r�410g a� �,!� 3 13 12 11 1 U eF Q 4 53k 1 z I COD DR. q Q_ 'G01 13 6 zo �►'` ��4�' "0 � g � �1~ c� �OD l7 2 3� 18 4 a a 5�r 4 53 8 ' 11 f dl 9 ,��� 13 2 101 1 0 Q�124 9�d ,El N Cl , 2 0 dl 10 7 +y O 7 ,+�gi'S1 7 11 TR. 2 a a 10 t �7 2 9� �5 a �a a 4 1 4 2 W ,... ,..� 3 STA I IRD SUBD• 1/00DSIDE AVE. 2 4 3 HISTORIC DISTRICT BOARD November 17, 1997 - 6:00 - 7:00 p.m. WORK SESSION * * * AGENDA*** Kenai Council Chambers Chair Dorothy Gray 1. Preservation Plan a. Memo explaining status & needs b. Preservation Plan Outline c. "Preparing a Preservation Plan" d. Excerpts of meeting minutes of 2/27/96 & 3/26/96 e. Draft "Mission Statement" f. Procedure for Nomination of Future Historic Sites REMEMBER: WORK SESSION SCHEDULED FOR 6 TO 7 P.M. PRIOR TO YOUR REGULARLY SCHEDULED MEETING. HISTORIC DISTRICT BOARD November 17, 1997- 7:00 p.m. Kenai City Hall Council Chambers Chair Dorothy Gray *** WORK SESSION*** Work Session begin at 6:00 p.m. MEMBERS PRESENT: Dorothy Gray, Bill Kluge, Ethel Clausen, Mike Huhndorf, Gloria Wik MEMBERS ABSENT: Alan Boraas ALSO PRESENT: Marilyn Kebschull, Carol Freas, Mayor John Williams, Mike Carpenter Preservation Plan a. Memo explaining status and needs Gray asked if all items needed to be voted on individually when the preservation plan is accepted in the meeting. Kebschull replied that she wasn't sure how it should be done. The goals and objectives were discussed and sent to Council but were never adopted by motion. The draft was never presented to the Board nor has a copy been provided to the City. Additionally, Huhndorf's notes regarding nomination procedures were never discussed by the Board. Huhndorf explained where the information came from. Directions on how to complete the National Register form was also included. Kebschull indicated this could be completed and accepted as a document which will probably be the most appropriate way to handle it but each item should be discussed. Gray asked how the Board felt about preparing the preservation plan as a final draft to present to Council for approval. b. Preservation Plan Outline Gray read the goals and objectives that are included in the mission statement of the Board. Discussion took place on Item 2 of the goals and objectives. It was decided the paragraph will read "Make specific recommendations to the Planning and Zoning Commission relating to matters of historical and cultural concern, nominations of historic places for the National Register, and protection of archeological resources." Gray reported that Boraas' rough draft was available and asked Huhndorf if this material could be published as part of the Preservation Plan. Huhndorf thought the material needed to be edited before Boraas would allow it to be used. Grav stated that if Boraas' material is not used there is a section from the historic survey that is appropriate. It was decided that Boraas would be contacted to see if his writings could be used, if not then the material in the survey would be used. Boraas' absence from the meetings for the past year was discussed. It was asked why he was not dropped. Huhndorf replied it was always maintained that Boraas is considered an "unofficial" member of the Board. It was pointed out that it is a requirement to have an archeologist on the Board. Huhndorf stated due to the short time allowed by the work session that he would not mind working with Boraas in editing his writings for use in the preservation plan. Gray reported, State statutes require a preservation plan be provided. It has been over a year since it was last worked on and some type of draft needs to be submitted to Council for review and approval. Huhndorf stated since the sign grant project is complete this Board should concentrate on the preservation plan for next year. The nomination process is complete and the citizens should be educated on the Historic District Board. Kebschull recommended calling Boraas as he may have a full document because he was preparing similar information for an elementary school curriculum. Kluge felt the survey addresses the education issues with regard to the historic character of the community. Huhndorf stated he has spent a lot of time with the contributors and working with the Tribe with the survey document but was unclear on where this Board was trying to go. Gray replied that the Board is required as a CLG to complete the plan. Kluge felt the Board had provided a lot of information for the plan and in time it will become more knowledgeable about the history of Kenai. Kluge also stated since Boraas did not complete the document and has not been active as a member of the Board, his work should not be included. HISTORIC DISTRICT BOARD WORK SESSION NOVEMBER 17, 1997 PAGE 2 Gray stated the plan needed to be completed tonight. She agreed with Kluge that as the Board learns more about the history of Kenai then the plan can be added to, changed, or altered. This could be an annual task of the Board. After more discussion it was decided that Item 2 would remain an ongoing effort and the Board will review the plan on an annual basis. Gray stated that Item 3 (pages 47 to 49) is complete. Item 4 which is the survey and the entire book is complete Item 5 is included in the entire package. The outline should be renamed to "Archeological and Historic Context of the City of Kenai" and is covered in pages 11 through 49". Item 6 should be renamed to "Property Data" and is found in Chapter 4. Item 7 is a new item and would be named "Procedure for Nominations". Huhndorf stated this item is not completed but will be submitted. Item II of the procedure references pg. I-9, Desk Ref., Huhndorf asked that this remain in the procedure. The Board went through the Procedure for Nominations for Future Historic Sites prepared by Huhndorf and the following comments were made. Item I, Certification of Local Governments - No changes noted. Item II, Participation of Local Governments - No changes noted Item III, Participation of Property Owners - after discussion it was decided the Desk Ref note will be removed. Additionally, a procedural process needs to be included which will outline the application procedure. Gray stated that after Item Q (on the last page) it should state "See How to Apply The National Register Criteria for Evaluation for Complete Details." It should also state the registers are available from the State Office of Historic Preservation and the applicable addresses and phone numbers should be provided. Discussion took place on where a citizen can easily access information on how to apply to the National Register. It was agreed this information should be assembled in one location to allow citizens to get basic information. The library seemed the logical place. It was also noted that if more detailed information was required, a person can pursue that on their own. Gray stated the Board can also help people by advising them of the procedures. HISTORIC DISTRICT BOARD WORK SESSION NOVEMBER 17, 1997 PAGE 3 It was suggested that Huhndorfs proposed procedure should be used as a guideline for citizens to use. It was also suggested that the following statement be put at the beginning: "For further information contact the Historic District Board who will provide assistance for nominating properties using the guidelines in National Register Bulletin # 1 S". The official procedure could also be cited. It was noted that anyone can make the nomination but the owner needs to have reasonable time to consider it. It was suggested that nomina- tions be made once per year. Kebschull asked what the benefits or ramifications were to having a building nominated as a historic site. Kluge replied that one advantage is an income tax credit if the property owner kept improvements to a historic context. Freas asked if a historic site and/or building had to be available for tours. The answer was no, but the property would be designated with a sign. Freas suggested the benefit and property owner responsibility be noted somewhere in the procedure. Kluge stated the procedure should not be too involved but agreed with Freas that it should be briefly stated what type of property could be considered for nomination. The responsibility of the property owner should be included once the property is declared historic. Kebschull asked if the outline was prepared by the Board in order to change the title. Gray replied the Board had to prepare the outline and submit it to the State office so this should be considered a working outline which can be changed if necessary. Kebschull suggested that all this information be kept in a central location and available to the public. Perhaps an information packet could be prepared to go along with the procedure. Item 8 of the Preservation Plan Outline is complete. Item 9, Walking Tour, the draft is complete and had been submitted to Kebschull. Item 10, Development Recommendations needs to be completed Item 11, Historic Board Membership is complete. Item 12, Statement of public sector responsibilities is complete. HISTORIC DISTRICT BOARD WORK SESSION NOVEMBER 17, 1997 PAGE 4 Item 11, Historic Board Membership is complete Item 12, Statement of public sector responsibilities is complete. Kebschull noted that she didn't have anything on this. Gray indicated this had to be looked at again. Item 13, Agenda for future action/projects needs to be completed. Huhndorf asked if it was all right to pursue Item 2 by adding to it or amending it. Kluge stated the preservation plan will be an ongoing process and should be reviewed periodically for additions and amendments. C. "Preparing a Preservation Plan" d. Excerpts of meeting minutes of 2/27/96 and 3/26/96 e. Draft "Mission Statement" f. Procedure for Nomination of Future Historic Sites Work session concluded at 7:05 p.m. Respectfully submitted, Carol Freas, City Clerk Transcribed by Contract Secretary Barb Roper CF/br HISTORIC DISTRICT BOARD WORK SESSION NOVEMBER 17, 1997 PAGE 5 HISTORIC DISTRICT BOARD November 17, 1997 - 7:00 p.m. *** AGENDA*** Kenai Council Chambers Chair Dorothy Gray 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: October 13, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. HISTORIC BOARD REVIEW: 6. NEW BUSINESS: a. Land Use Table b. Townhouses - KMC 14.20.160(b)(6)[A] 7. OLD BUSINESS: a. Mission Street Project b. Preservation Plan 9. INFORMATION: a. Council Agenda (10/1 5/97 & 11 /5/97) b. Preservation Advocate News 10. BOARD QUESTIONS AND COMMENTS: 11. ADJOURNMENT: 1. 3. 4. 5. 6. HISTORIC DISTRICT BOARD November 17, 1997- 7:00 p.m. Kenai City Hall Council Chambers Chair Dorothy Gray *** MINUTES *** CALL TO ORDER AND ROLL CALL Chairperson Gray called the meeting to order at approximately 7:13 p.m. Members Present: Members Absent: Also Present: APPROVAL OF AGENDA Dorothy Gray, Ethel Clausen, Michael Huhndorf, Gloria Wik, Bill Kluge Alan Boraas Marilyn Kebschull, Carol Freas, Mayor John Williams, Mike Carpenter Huhndorf requested the walking tour be added under Old Business as Item 7- C. AGENDA WAS APPROVED WITH THE ADDITION. APPROVAL OF MINUTES - October 13, 1997 MINUTES FOR OCTOBER 13, 1997 WERE APPROVED AS WRITTEN. PERSONS PRESENT SCHEDULED TO BE HEARD - None HISTORIC BOARD REVIEW: - None NEW BUSINESS a. Land Use Table Gray pointed out the revised Land Use Table was included in the meeting packet. Planning and Zoning made some designation on each item in the table and there were no land use changes to the townsite zone. Kebschull thought there were some changes and a copy of the current land use table was attached to the back of the Ordinance as requested Historic District Board Meeting November 17, 1997 Page 1 by the Board. Kebschull stated the blanks that were filled in for the townsite zone was information taken directly from the Ordinance. Gray asked about the 5, 6, or 7 family dwellings and whether or not the Ordinance stipulated no more than two-family dwellings in that particular zone. Kebschull replied the current land use table permits up to two families. Kebschull reported that any comments and/or recommendations made by this Board will be taken to Planning and Zoning for their public hearing scheduled for November 26, 1997. Kebschull pointed out under the development requirements table it notes that more than 4 or 5 family dwellings in the Townsite Historic District are subject to approval by the Commission. Currently, this also requires a conditional use permit. Gray thought the number of family dwellings should be checked on to assure consistency with the Ordinance. b. Townhouses - KMC 14.20.160(b)(6)[A] Gray referenced the memo included in the packet regarding townhouses. Kebschull stated anything that changes the code within the Townsite Historic Zone is to be brought to this Board for review before going to Planning and Zoning. The change in the code for townhouses is recommended as not all zones were included, however, this would not change the townsite zone as it was already included in the Code. 7. OLD BUSINESS: a. Mission Street Project Gray referenced a memo from Kornelis regarding the Mission Street project and the sidewalk. The Board had previously questioned the texturing or color coding of the sidewalk and had asked for additional information. In his memo, Kornelis did not recommend texturing of the sidewalk as it would make walking difficult, especially for those individuals who are physically challenged. Kornelis, however, did suggest a green color to match the light poles or a red color to have the sidewalk stand out or look different. He is asking for input from this Board. After discussion the Board recommended the standard concrete color be used. b. Preservation Plan Historic District Board Meeting November 17, 1997 Page 2 C. Walking Tour A copy of Huhndorf's long version walking tour was provided to members in the meeting packet. Huhndorf referenced the Clarence Ladd property which was included in the walking tour because of its eligibility with the National Register and the significance that it holds for Old Town. This property may have to be removed as the property owner did not want a sign placed in front of his home. Huhndorf recommended the tour be reviewed throughout the year. The map will also need some work as changes were made to accommodate the walking tour. Gray pointed out the walking tour is the long version which will be sold at the Kenai Visitor's Center. A tri-fold brochure will be available at no charge for those individuals taking the tour. During discussion it was suggested that since the walking tour was just provided tonight it should be brought back for discussion at the next meeting. This will allow the Board more time to review it. Kluge suggested the map be done graphically with the numbers matching that of the tour. He also suggested a draft form be provided to a printer so that they can come up with the actual format. Gray asked if there was money available to pay for this. Huhndorf reported he would have to get back with Kim to see where the connection is. Huhndorf hopes the walking tour and map would be completed by spring. Gray recommended a larger print for the map. Kluge thought a tour such as this should be entertaining and fun. He recommended colorful stories of the area such as what happened to Moose Meat John, explain the cross on the church, how the odd shaped properties were developed, etc. Carpenter requested that the Dolchok House be recognized as a coffee house since other properties were recognized by their current businesses. Huhndorf stated the omission was not intentional and could be changed. Carpenter asked for a response to his request from more than just Huhndorf, specifically from Gray. Gray replied that the walking tour is in draft form at this time and not a finished product. Carpenter requested Gray's personal opinion on the issue. Gray replied that as Chairperson it didn't seem proper to inject her personal opinion. Carpenter again asked if there were any other comments other than from Huhndorf. Kluge stated he didn't have a problem with mentioning Historic District Board Meeting November 17, 1997 Page 3 the business owner or the type business. Wik stated she didn't review the walking tour so doesn't have a comment. Huhndorf again apologized for the omission and reiterated that it was not intentional. Kluge stated that once the walking tour is developed and printed, the Board wouldn't want to modify it when and if a business changed in Old Town. Kluge recommended that the business names be removed from the walking tour to eliminate the need for modification as businesses change. KLUGE MOVED TO STRIKE ALL BUSINESS NAMES FROM THE WALKING TOUR. MOTION SECONDED BY WIK. VOICE VOTE - ALL IN FAVOR, MOTION PASSED UNANIMOUSLY 8. REPORTS - None 9. INFORMATION d. Council Agenda (10/15/97 & 11/5/97) e. Preservation Advocate News 10. BOARD QUESTIONS AND COMMENTS Gray reported that the next regular meeting is scheduled for December 15, 1997. Clausen reported that she would not be available. It was suggested that a work session be held instead as without Clausen there would not be a quorum. KLUGE MOVED TO REQUEST THAT COUNCIL CANCEL THE REGULAR SCHEDULED MEETING OF DECEMBER 15, 1997 AND TO SCHEDULE A WORK SESSION THAT DAY AT 6:00 P.M. MOTION SECONDED BY WIK. VOICE VOTE: ALL IN FAVOR, MOTION PASSED UNANIMOUSLY. The next regular meeting is scheduled for January 19, 1998. Gloria Wik asked if the letter from Mayor Williams would be incorporated into the minutes. Wik felt it should be part of the record for future reference. Mayor Williams stated there was a lot of other material from other locations who run historic societies that should have been sent with the letter. The letter was provided to show that even though the structure is the way it is, it can be changed. Council would like to see the Historic Board as a successful committee but over the past couple of years there have been some ups and downs. There have been times when it becomes relatively successful, then it Historic District Board Meeting November 17, 1997 Page 4 wanes and wanders. This is not the way a good committee should operate. If there are changes that should be made then the request needs to be submitted. Mayor Williams referenced his first comment with regard to what the Board should do. WilL=. s stated it is the responsibility of the Board to provide Council with a long range plan which will include what the committee is doing and where they are going. Williams indicated that he may have leaned heavily on the issue of responsibility or authority but it came to him in a rather a heavy handed manner. There is no way the Council will allow this Board, committee or commission to operate in any other manner except by what is prescribed by Code. Specifically, there is no responsibility or authority with this Board. This Board is advisory only and Council has the absolute final say in everything when a comes to responsibility, authority, fiscal management, etc. The reason is because of the statutes and codes that are operated under. If a committee member wants responsibility and authority they should run for elected office. Williams stated the Board's membership has caused some concern. The Board was created after much discussion and in a manner unlike any other committee or commission the City has. This is a special board, there is no other committee or commission in the City that is created in this manner. This Board was formed to compliment the City by bringing in some talented people from other areas outside the City as well as broadening the base of the Board by keeping enough seats open for more talent in this area. It appears there is trouble in bringing the talent together or the talent isn't always interested in coming. There seems to be a breech of clear direction with regard to the membership of the committee. It is possible to cut the number of member back from nine to seven members and double the responsibility. Other individuals can be brought in to act in an advisory capacity when needed. Wik asked about the type of reports Williams mentioned and asked if they are year-end reports and has this Board been asked to provide such reports before. Williams replied that may not have been the case, it may be the City has been negligent in asking for the report. However, most committees and commissions understand that come budget time it is necessary for them to ask for money to operate and the City wants to know what they did the year before. In the case of the Historic Board there is no budget but there are expenses associated with any committee adopted by the City. There are costs associated with the Board for meetings which requires the building, staff at the meetings and the transcription of minutes. Wik stated if the Council wanted such a report that some other type of indication should have been given other than a reprimand. Williams confirmed that this was a reprimand. He reported that Council wanted a much heavier Historic District Board Meeting November 17, 1997 Page 5 letter than what was submitted. Wik felt the Board couldn't go on assumptions so direction from Council certainly would not hurt. Wik continued by stating it seems Council would ask for a five year plan if one is required. Williams verified that Council is working on a five year plan for the City but it is not absolutely necessary that every commission or committee have a five year plan. However, they need to have a plan which indicates where they are going and what they are doing. This will influence other things that are being put together. Williams discussed Dr. Hansen's proposal for a park next to Showalters. There are some difficulties with this proposal as it is an old burial site, there may be some artifacts in the area and it's an area this Board should be looking at as well. Williams strongly suggested that someone from this committee attend the public hearing to listen to both sides of the presentation so when it's done this Board won't be out there saying it had no knowledge of the project. Huhndorf stated that he didn't hear about this new park before and asked if a notice could be provided in the packets or a letter be sent individually. Williams stated it is in the public sector, it's on the agendas, on the Internet, and it's been published in the newspaper. Discussion took place on the burial site in the area of the park. Williams stated that reports provided by the University of Alaska show the bones that were recovered several years ago from that vicinity show they are about 200 years old and are perhaps a cross between Athabascan and local, coastal native. There is also good reason to believe there are more there. The question that remains is should the City take control of the property and if so what should be done with it. This is where this Board can play a big part in the decision process. Gray reported that some of the things mentioned by Mayor Williams are things that have been worked on during the work session. Gray stated the preservation plan outline includes an agenda for future action and projects that this Board would like to work on. It also includes other things that take into account the projects that have already been worked on which includes the townsite historic site survey. Gray stated the comments she wanted to make with regard to annual reports is the Board normally has a City Council member present at the meetings who reports back to Council on the activities of the Board. Gray also stated that a couple of years ago she prepared a presentation for City Council on what the Historic Board was doing and at that time asked if the Board could be a part of the comprehensive planning session. Gray stated she has never received anything to be part of the Planning and Zoning land use table when a part of it does impact the townsite historic zone. Gray also mentioned the beach project that cuts through some of the townsite historic property, this Board was never made aware of what is going on there. Historic District Board Meeting November 17, 1997 Page 6 Williams addressed each of Gray's issues separately. With regard to the committee report, Mr. Moore does bring to Council the highlights of the townsite historic meetings but that is not the same as having a collective report that reflects the work over the year. With regard to the sand dunes, this project encompasses the Harbor commission, Planning and Zoning, if there were some historic land, then the Historic District Board would be involved. It also encompasses the federal and state government, the Exxon oil spill group, etc. Williams expressed surprise that the Board was not aware of the project considering the size of it. Williams referenced the paragraph mentioned earlier where it states it is the responsibility of this Board to adhere to the established ordinances and all other laws of the city, state, and federal government and to maintain its membership, conduct its meetings with quorums, report to council on a regular basis, and advise other boards, committees and commissions who may have overlapping responsibilities in the same area of the Board's plans. Williams addressed the comprehensive plan. The comp plan utilized joint funding of the Borough and the City. The City questioned the validity of utilizing comp plans back to back on occasion. Coming before Council on the first reading at the next meeting is a question of whether or not the City will match the Borough's money of $30,000 to do a comp plan, which may or may not be needed at this point at this time. It is possible the City would not accept the Borough's money as a comp plan was just done recently. However, when a comp plan is put together input is taken from all committees and commissions. Gray agreed with Mayor Williams but wanted to know if there is a way this Board could be officially included on the mailing list and notified in advance so that it could be put on the Historic Board agenda. Gray reiterated that to her knowledge this Board was not made aware of the two projects mentioned previously. Williams reminded that the agendas are published in the newspaper and posted on the bulletin boards. All commission and committees get their own agenda and Council gets its own agenda_ There is a City page on the Internet which has the full agenda for the week. The home page also has the ordinances and resolutions available. Williams indicated there may be room for some broader communications and it will be looked into. Huhndorf again expressed his desire to have communication come directly to members with regard to notification. Williams asked if this information should be just limited to townsite historic information or if it should be broadened. Huhndorf answered, the Board should be notified about anything affecting historic, archeological or architectural matters. Williams referenced the membership situation. The Board was asked if a seven member board would be more beneficial to the committee. Gray replied that she talked to Judy Bittner at the State Office of History and Archeology about the topic and Bittner reports the state guidelines say that a reasonable effort Historic District Board Meeting November 17, 1997 Page 7 will be made to compose a committee to seat members including an architect, archeologist, and a historian plus four members making a seven member board. Bittner stated that it would be fine to have fewer members but in the report must be state that attempts were made to have this number. The most important thing in the composition of the board is to have the architect, archeologist, and historian as consultants. However, they may not be officially able to attend meetings. Williams stated that having a seven member board with access to the consultants may be something to consider at this time. Freas reminded the members that originally it started out as a seven member board but there were problems then trying to get a quorum. Williams stated the Board should be reformed with citizens who are objective, who wish to serve and who can commit their time and energy to the Board's work. Williams pointed out the current members are but obviously there isn't everybody on the Board that feels the same way. Kluge stated one of the reasons he joined this body was because he thought he may have some influence on development in Old Town. There has been talk in the community for some time to see development occur in Old Town that had some flavor and historical character to it. Kluge asked what clout does this Board's recommendation have with Planning and Zoning. Williams answered that it bears as much weight as any other committee or commission within the City. Williams added that sometimes it may take physical presence before the Planning and Zoning Commission. The Planning and Zoning Commission is the only commission that acts with a fiduciary responsibility to the citizens in the scope of the work they do. Planning and Zoning has to look at the legal ramifications of everything they do. The City is not going to get caught in a law suit that's been developed because somebody didn't cover all the bases. This issue was addressed in the litigation, i.e, Pelosa. A man has a right to quiet title and use of his property, it can't be zoned away from him. It can't be recommended strongly to the Planning and Zoning Commission that they circumvent the laws or rules or some other procedure that's already been looked at by the courts. It's difficult to get some answer to some of the questions but it's vital that care is taken on how it is done. Local government is the finest government there is because it works right here with the people but it's also the first government that gets hit with every frivolous suit that comes in. Williams again suggested that members go to the Planning and Zoning Commission meetings. Gray asked to go back to the issue of the number of members. Gray points out that a change in the number would require a revision of the ordinance. Williams indicated that a revision would be easy to do. Gray reported that City Attorney Graves was asked to the last meeting because of the ordinance and the Board's interpretation as it compared to that of Histo:.c District Board Meeting November 17, 1997 Page 8 Planning and Zoning and Councils. Gray continued by stating that Graves was not asked to the last meeting in order for the Board to gain more power but to get clarification on what this Board's exact purpose was as when the ordinance was read the words "all" and "will" were taken for literal value. Graves was told if this is not what the Council wants this Board to do, then the ordinance should be reworded. Gray again reiterated that there was no intention by the Board to try tc get more footing. Gray stated the Board recognizes the ordinance needs some fine-tuning if it is to be worded properly. Williams stated there is one other situation where a committee is subservient to a commission, the Beautification Committee is subservient to the Parks & Recreation Commission. Williams continued by stating that this does not mean this Board has to take any orders from the Planning Commission but anything done by this Board must be approved by the Planning Commission. Williams thought what really needs to be done is to look at the ordinance and see where it may be restructured then send it to Planning and Zoning Commission for their review. Williams stated the issue of membership needs to be addressed Huhndorf addressed the article that appeared in the paper approximately three weeks ago regarding the signs in Old Town. He stated he asked Lucas, the reporter who wrote the article, to include some photos about what the Historic Board has done with regard to the signs. Williams suggested that the Dispatch be contacted as well since they do more human interest articles with pictures. Williams stated he was pleased to be present at the meeting. Gray reiterated that the group will meet on December 15, 1997 at 6:00 p.m. for a work session. The next regular meeting is scheduled for January 19, 1998. Discussion took place on the vacancies on the Board. Freas recommended that the Board really make an effort to find some people to fill the vacancies to eliminate the quorum problem. It was also recommended that the day of the meeting be considered as well. 11. ADJOURNMENT - MEETING ADJOURNED AT 8:45 P.M. Respectfully submitted, Carol Freas, City Clerk Transcribed by Contract Secretary Barb Roper Historic District Board Meeting November 17, 1997 Page 9 CITY OF KEK c9d 164 I.- Iv% 10 yl-- 1 4 4i 7164� 210 FIDALGO AVE., SUITE 200 KENA1,AL TELEPHONE 907-283-7535 FAX 907-283-3014 ortywi CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES F TO COMMITTEES AND COMMISSIONS DATE: NAME: 1997 Resident of the City of Kenai? HiKeRAI CITY CL Residence Address -�-L r; Mailing Address '7 '1- - ,, — Telephone No. Business Address Telephone No. EMPLOYZR: Job Title NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? 4 Fr 11 j Signature (V\ WEE 1: 26 'M :ENAI CCN`J EURIAU hY Nv, -? _ CITY OF KENAI " Od era,124;&I 4 41C11412a if 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 CITY OF SEN I 199: BACKGROUND AND PERSONAL DATA - CANDXDATES FOR APPOINTMENT TO COMMITTEES AND COMIMISSIONS DATE: �� ' % fv `22 NAME: ��PCe /.'a P Resident of the City of Kenai? U How long? A? Residence Address LC�(c� Mailing Address ,2!L &y /? Telephone No. �'3-� J33 Business Address c t //Telephone No. EMPLOYER: 6071 P& f Job Title //&Ue-I �ft�dL� C 0Q/1L 6d NAME OF SPOUSE: 6k�� K-- IC�C�a�-dl Current membership in organizations: �Tr ,i l�plall�. Past organizational memberships: Loue N(I COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO B/E� INVOLVED WITH THIS, COMMISSION OR COMMITTEE? gnature r�- AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 3, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenai.net/city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) Kathy Sullivan - Peninsula Winter Games C. PUBLIC HEARINGS 1. Ordinance No. 1764-97 - Appropriating $1,000 Received From the Wal- Mart Foundation. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report -1- E. MINUTES 1. *Regular Meeting of November 19, 1997. 2. *Notes of Council Work Session of November 19, 1997. F. CORRESPONDENCE G. OLD BUSINESS 1. Discussion - Cunningham Park Property/Garcia Building Encroachment H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1765-97 - Increasing Estimated Revenues and Appropriations by $9,000 in the Boating Facility Enterprise Fund to Purchase Additional Fuel. 1. Discussion - Dairy Queen 2. Discussion - American Heritage River Initiative EXECUTIVE SESSION - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attornev 4. City Clerk S. Finance Director 6. Public Works Director 7. Airport Manager J. 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -2- KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 3, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.Kenai.net/city VICE MAYOR H. RAYMOND MEASLES, PRESIDING ITEM A: CALL TO ORDER Vice Mayor Measles called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Vice Mayor Measles led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bookey, Swarner, Moore, Measles, Bannock and Smalley. Absent was: Williams A-5. AGENDA APPROVAL Vice Mayor Measles requested the following changes to the agenda: ADD TO: H-2, purchase order to Cummins Northwest, Inc. - $3,500. REMOVE FROM: H-2, purchase order to Government Computer Sales (Library computer purchase) ADD AS: H-6, Discussion - Request for letters of support from Frontier Community Services. ADD AS: Information Item No. 6 - L. Semmens memorandum regarding KPB Ordinance No. 97-73, amending personal property tax. REMOVE: G-1, Discussion - Cunningham Park Property/Garcia Building Encroachment. City Manager Ross explained Garcia reported to him he had received a letter from the heirs today which indicated they would have additional information forwarded which would confirm their heir authority. Because the letter had not been received until today, Garcia requested he be removed from this agenda and included on the December 17 council meeting agenda. This will give time for the documents to be forwarded and reviewed prior to coming before council. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 2 There were no further changes to the agenda. VICE MAYOR MEASLES ORDERED THE AGENDA APPROVED AS AMENDED. A-6. CONSENT AGENDA Vice Mayor Measles reported he had no changes to the consent agenda. There were no further changes to the consent agenda. VICE MAYOR MEASLES ORDERED THE CONSENT AGENDA APPROVED AS SUBMITTED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Kathy Sullivan - Peninsula Winter Games Sullivan introduced herself as the Executive Director of the Peninsula Winter Games. Sullivan explained, the purpose of the Games was to bring families and communities together as well as being an economic benefit to the Kenai Peninsula. She indicated more Games were to be held in Kenai, i.e. racquet ball, pool, as well as outside games to complement the Village Health Fair which will be held at the Kenai Central High School. Sullivan also reported, the start of the Tustemena Sled Dog Race (the last qualifying race for the Iditarod Sled Dog Race) would take place at the Kenai Dock. Sullivan referred to the information included in the packet and noted there were various levels of sponsorship and advertising. She requested council's financial support of the Games. Councilwoman Swarner noted she had contacted the Kenai Visitors & Cultural Center because they promote activities in the city and keep a master calendar of activities. She found that no one from the Peninsula Games organization had contacted the KVCC. Sullivan explained, there were a number of people contacting various groups and she was unaware whether the KVCC had been contacted. Sullivan assured council she would contact the KVCC. Swarner noted her concern that there was an agency in place to promote activite sin the Kenai area that was not being utilized. MOTION: Councilman Smalley MOVED to donate $300 presently in the budget to the Peninsula Winter Games. Councilman Bannock SECONDED the motion. Councilman Moore asked, referring to the sponsorship information, if the city would increase the donation to $1,000, would Kenai citizens have free entry to the events. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 3 Sullivan answered, children will not be charged entry fees and there were some events adults will have to pay a fee. However, all entry charges will go back into the Games fund for future use. VOTE: Councilman Bannock requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1764-97 - Appropriating $1,000 Received From the Wal- Mart Foundation. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1764-97 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Absent ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging - No report. D-2. Airport Commission - Vice Mayor Measles reported the next meeting was scheduled for Thursday, December 11, 1997. D-3. Harbor Commission - Councilman Bookey reported the next meeting was scheduled for December 8. He noted he would not be in town and requested another council member to attend in his place. D-4. Library Commission - Councilman Moore reported a meeting was held last night at which there was an excellent presentation by Tess Whalen, Director of the Economic Development District. Her presentation KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 4 included information for strategic planning for promoting the library. The net income from the Friends of the Library raffle was reported to be $14,000. Moore reminded everyone the annual Christmas open house at the library was scheduled for December 18 from 4:00 p.m. to 7:00 p.m. D-5. Parks & Recreation Commission - Councilman Bannock reported the next meeting would be held December 4 at 7:00 p.m. D-6. Planning & Zoning Commission - Councilman Smalley reported the Commission last met on November 26 at which time the updated Land Use Table was approved. He noted, there had been a couple modifications, i.e. ingress and egress along the Spur Highway was relaxed in a couple areas due to established businesses in the area which were not fronting the highway. Smalley also noted it was clarified on the Table, the RR1 zone, Commercial should have read C 19 but when the table was printed the "19" did not print. Smalley also reported the Townhouse ordinance was also approved by the Commission. The Commission's next meeting is scheduled for December 10. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee - No report. D-7b. Historic District Board - Councilman Moore reported the Board was given permission to cancel their next meeting and hold a work session in its place. D-7c. Challenger Board - Councilman Bannock reported the Board would meet December 4 at 4:00 p.m. He explained each board member's term is for three years, however the seats are to be reappointed each year. Bannock asked council to reappoint the city representatives on the Board as required by the by-laws. MOTION: Councilman Smalley MOVED to reappoint Councilman Duane Bannock and Mayor John Williams to the City's board of director positions on the Challenger Board. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 5 Bill Popp, Challenger Project Coordinator - Popp thanked council for the donation of the $1,000 Wal-Mart Foundation award. Popp reported, they had received their 501(3)(c) non-profit designation. He also noted, the by-laws also require the alternates of the board members be reappointed each year. MOTION: Councilman Bannock MOVED that Councilman Smalley and City Manager Rick Ross be named as alternates to the Challenger Board of Directors. Councilman Bookey SECONDED the motion. Councilman Bannock requested UNANIMOUS CONSENT. Ross suggested council may want to consider someone else as an alternate for the Mayor as he (Ross) would be negotiating a management agreement with the Challenger Board over the next several months. He added, his being an alternate and negotiating the agreement could be difficult for the city. No changes were suggested. VOTE: There were no objections. SO ORDERED. Smalley reported he attended a Challenger Committee meeting on Monday at which time they discussed time lines in regard to the progress of the Center and the development of an RFP. It is planned to have the RFP developed and forwarded to the Challenger Board by January 21 and then to council for consideration. He added, groundbreaking may not take place in June. Popp explained, at their last meeting, they learned from Rob Robson, KPB Capital Projects Coordinator, that if the project was started in the next construction season, there could be a 60% increase in the cost. The increase would come from huge amounts of overtime for architectural services in design of the facility in order to go to an RFP and break ground in a six-month period. A new construction schedule would be summer of 1999 with completion late in October of 1999. Council will be apprized of the schedule upon its approval by the Challenger Board. Popp added, city administration concurred with this time line because the shortened amount of time would also increase construction costs upwards of $600,000 (not including cost overruns with architectural services). Instead, a wintertime bid will be prepared for the following construction season which will save the project money. Popp noted, the $2.5 million grant will be transferred to the City of Kenai and then funds would be expended for architectural services, etc. D-7d. Kenai Visitors & Convention Bureau Board - Councilman Bookey reported the next meeting would be held on December 10. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 6 D-7e. Alaska Municipal League Report - No report. ITEM E• MINUTES Regular Meeting of November 19, 1997. Approved by consent agenda. E-2. Notes of Council Work Session of November 19, 1997. Approved by consent agenda. ITEM F: ITEM G: G-1. - None. OLD BUSINESS Discussion - Cunningham Park Property/Garcia Building Encroachment Removed and rescheduled for council meeting of December 17, 1997. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 as amended (the addition and removal included). Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 7 H-3. Ordinance No. 1765-97 - Increasing Estimated Revenues and Appropriations by $9,000 in the Boating Facility Enterprise Fund to Purchase Additional Fuel. Introduced by consent agenda. H-4. Discussion - Dairy Queen Ross referred to the proposal and pertinent portion of the property appraisal included in the packet. He explained, the proposal is to advertise the property for sale with terms and interest rates allowed by Code. However, council may require a larger down payment and increase the term of payment. Ross continued, what was included in the packet memorandum is what administration was recommending. Ross added, the appraisal placed very little value on the structure (net over the next five years was at $38,000). The property, with improvements, was valued at $245,000. Ross noted, unless council had other terms in mind or other conditions of sale, the presented proposal was how administration intended to proceed. MOTION: Councilman Smalley MOVED for the city to proceed as per the memorandum (H-4). Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-5. Discussion - American Heritage River Initiative Councilman Moore reported he had been contacted by Susan Fessler of State Parks who was conducting a phone poll among the KRSMA board members. She asked the board members their opinion in regard to continuing forward with the nomination of the Kenai River for the American Heritage River Initiative. Moore continued, it was the consensus of the Board to back -off with the nomination at this time, in light of the action taken by the Kenai Borough Assembly. He concurred. He added, he told Fessler he was looking forward to hearing their proposal at this evening's meeting in order for the council to become more informed on the issues, etc. He was told Ben Ellis, who was to make the presentation, was ill and wouldn't be available to make the presentation. H-6. Discussion - Frontier Community Services/Request for Letters of Support. Leigh Hagstrom-Sanger - Administers the Senior Services Coordination portion of the Frontier Community Services. Sanger explained, funds are available through the KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 8 Mental Health Trust Grant for equipment and other items. She will be applying for grant funds to begin a Gatekeeper program, a program to train members of the community (bank tellers, grocery store clerks, etc.) who are in contact with older people and others of need. The community members are trained to recognize warning signs of people who are vulnerable, given a list of area services for those in need, and a list of programs and facilities to which those needing care can be referred. Swarner asked Senior Director Porter if this program would complement or differentiate from the city's program. Porter answered, the Gatekeeper program would not be in conflict with Senior Center programs. She referred to the second paragraph of the letter requesting support for "other consumers in need of transportation," and asked Sanger if they would include elderly. Sanger explained, it would not. The van would be used for transporting clients of their Residential Program (River Hills housing). However, it came to their attention there is a separate grant for that type of transportation and now are no longer asking for support for the van. They revised their request and are now asking for a computer instead. Swarner asked Sanger to clarify for what they were asking support. Sanger answered, she was asking for support of the Gatekeeper Program itself. She explained, there are three different departments within Frontier Community Services who could use grant funds for equipment (computers), remodeling, etc. They combined the requests for support into one letter, giving potential supporters a choice of what programs they would want to support. Swarner asked if their Gatekeeper Program was a part of their senior services. Sanger answered, yes, if they received the grant. Porter asked if what they were proposing to do was to develop a program that would be taken statewide or only locally. Sanger answered, she hoped to have the program go statewide. They have an "800" number (Healthy Alaskan hotline) to incorporate into it as well as wanting to include public service announcements, a video, etc. She added, the idea of the Gatekeeper Program is to train people to train others. She noted, she would want to start the program on the Kenai Peninsula and then contact other agencies within the state and pass the program on. Swarner asked Porter if the Senior Center receives any funding from the Mental Health Trust Fund. Porter answered, the city senior programs do not receive funding from the Mental Health Trust Fund because they do not have a specific program for those people with Alzheimer's and what funds Frontier was requesting would not be in competition with the city's senior programs. Porter added, from reviewing their letter, she understood they were developing a statewide training program. However, KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 9 Sanger had stated it would be concentrating the program locally. Sanger explained, the grant asked for a three-year program and she wants the program to begin locally and progress to statewide, improving the program as it goes along. Swarner asked how much they were requesting in the grant. Sanger answered, she was waiting on some cost information in regard to the video, etc., but estimated between $5,000-10,000. Sanger added, the information she has on the Gatekeeper Program is to take it, shape it, and pass it around. She received her information from Washington and wants to suit the program for rural Alaska, initially beginning on the Kenai Peninsula. Measles asked if the senior services portion of their business was relatively new. Sanger answered, yes. Measles asked if Sanger saw their program, now or in the future, overlapping or duplicating efforts of the five senior centers in the area. Sanger answered, no. She added, it would bring people in contact with the centers. If someone questions the location of a senior center, programs available, etc., the "800" number on the video will connect them with a statewide referral source. Swarner asked Porter if that information was already available and Porter answered, yes. She added, the State Office on Aging offers an "800" number, as well as the Older Persons Action Group in Anchorage. Porter noted, any senior agency would be able to make a referral. Swarner stated, she was concerned that some of what Frontier wanted to do would duplicate information already available. Sanger noted, they were asking for a support letter for this particular program. MOTION: Councilman Moore MOVED to send a letter of support for the Gatekeeper Program for Frontier Community Services and Councilwoman Swarner SECONDED the motion. There was no additional discussion. VOTE: There were no objections to the motion. SO ORDERED. EXECUTIVE SESSION - None Scheduled. ITEM I: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 10 Mayor - No report. I-2. City Manager f. Timber Harvest - Ross reminded council he had asked them to consider harvesting timber on Section 36, sending out a survey letter to loggers to find out if there is interest in the logging, and then development of an RFP for the harvesting. Also, if council was agreeable to put out a survey and RFP, would it be acceptable to them to have the slash ground and spread. He noted, it was his experience, grinding of the slash would make the project more economical than having the slash trucked out. Ross explained, unless there was objection from council, he would distribute a survey letter to the previous RFP holders to see if there is a market and if it is an opportune time to do an RFP. There were no comments or objections. g. Animal Control Shelter Project - Ross explained, in the past, council had wanted to see and approve all change orders on projects even though Code states the city manager has the authority within a specific account to transfer up to $1,000 and not hold up some change orders. Holding change orders under $1,000 for council approval holds up projects. Ross reported, he would be bringing several change orders before council at their next meeting (adding to approximately $1,900) unless council wanted to change their policy. Ross asked if council wanted to continue to review all change orders or have him report on those under the $1,000 code transfer limit. Bookey stated, he thought it was ludicrous for council to review small change orders. He added, until something happens to prove differently, he thought the city manager could report on those under $1,000 as code allows. Swarner agreed and added, she hoped the city could save money in not having to review change orders under $1,000. Smalley and Measles also agreed. Ross noted, he would be reviewing all change orders. h. Multi -Use Ice Facility - Ross reported, he had made several attempts to contact Lisa Sutherland in Senator Stevens' office in regard to the multi- use ice facility. He has had no returned calls. He added, their interest in the project may not be very high. i. Challenger Memorandum of Agreement - Ross noted a copy of the Memorandum of Agreement was included in the packet. He added, KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 11 administration was exploring some options with the Challenger franchise contract in light of Councilman Bannock's questions about ownership at the last council meeting. Ross explained, when Challenger sells equipment under a contract, they will buy it back if they close down the program. At this time, they are considering a three-way contract system in which Challenger National and the non-profit agree the only way the system can be moved would be with the consent of the City of Kenai, if it is to be used at another site in a Challenger program. Ross noted, Challenger can close a program down and has the absolute right to buy back the equipment as it is their national agreement with everybody and they are the owner. However, administration is attempting to work out language where the city is protected in that the equipment cannot be moved to another location in Alaska for another Challenger program. Bookey clarified, he was talking about Challenger -National and not Challenger -Kenai. Ross agreed and added, the Challenger National agreement was with the local Challenger, but they were interjecting the City of Kenai into that agreement for protection of the location for the Challenger program in Alaska. Attorney Graves added, it was their idea to have Challenger -National, the local Challenger, and the city have a three-way agreement that the city has veto power to prevent the program being moved to another location in Alaska. That was their understanding of council's concerns. Ross added, he wanted council to be aware of what they were doing because they would be working on the agreement in the next few weeks. Airport Manager Position - Ross reported, they were still in background checks and negotiations with some potential candidates. At this time, they were having to look out of the state to find people with the proper experience, etc. Under the code, he is authorized to negotiate moving expenses. He asked council if there were any objections to negotiate moving expenses within the parameters of the code as part of a hiring package. Also, in looking at the candidates, most of the candidates they were seriously reviewing would be taking a pay reduction. Under the code, the city manager has the authority to negotiate up to a "D" step and he intends to do that unless council objects. There were no comments or objections. k. City Maintenance Facility - Ross referred to a copy of his letter to Senator Ward which better defined council's request for funding for a KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 12 new city shop. Ross added, Ward had requested the letter for a committee meeting in which he was involved. South Spruce Street Parking - Ross referred to a copy of his letter to Representative Hodgins and a copy of the project proposal for Exxon Valdez Oil Spill (EVOS) funding for the South Spruce parking area. He added, the proposal would not be submitted until February when the new application packet is distributed. In. Central Peninsula General Hospital - Ross referred to his memorandum included in the packet, which discussed his service on the Strategic Planning Committee of the Central Peninsula General Hospital. He noted, he serves on the Committee in his individual capacity and not as a city representative. At their last meeting, issues arose which he had to address concerning the city's activities in regard to the hospital. Ross explained, the memorandum noted the representations and asked for council to correct him if necessary. He added, there would be recommendations from the Committee going to the Hospital Board. There were no council comments. n. Holiday Party Door Prize - Ross reminded council, in the past an extra vacation day has been used as a door prize at the holiday parry. He asked council if they had any objections to offering one again this year. There were no objections. Moore asked, within the code, what were the provisions for length of employment in regard to negotiated moving expenses. Graves answered, there is a pay -back scheduled provided in the code and read it to council. Smalley asked, had not they used the term signing bonus instead of moving expenses in the past. Graves answered, a recent Supreme Court decision states the only amounts having to be paid back are the employee's (a plane ticket for the employee, and does not include any family members) transportation costs. The past concerns of administration have been abated by the Supreme Court decision. I-3. Attorney - No report. I-4. City Clerk - Freas referred to her memorandum in the packet in regard to Games of Chance and Skill Applications. She noted, council had directed a copy of their objection letter of April, 1995 be attached to all future applications (the letter stated the city would no longer approve or disapprove applications because objections they 'iad submitted on several applications had been ignored by the state). Freas added, the applications had been revised and no longer required approval from a KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 13 local government. She asked if council wanted to continue sending the objection letter with copies of the application or did they want only to see the applications as information items in the packet. Council directed Freas no longer had to send the April 1995 letter, but to continue including applications as information items in council packets. Finance Director a. Retainage - Semmens reminded council they had discussed retainage on construction projects during the last meeting. He explained, the city currently retains ten percent of a construction project's billing to further insure the city that the project will be completed. State law requires the city pay 101/2% interest on the retainage. Semmens added, it is administration's opinion that the city really didn't need the added insurance because it holds the contractors' bonds. Instead, something different can be done to insure completion, such as withholding two percent of the project after 90% of the project is complete. That way, small items at the end of the project, if necessary, could be done out of that money. Semmens added, at this time Morrison-Maierle was working with Alcan Construction and Symtron to make sure they agree with doing that. If they do, there will be contract amendment coming forward as a change order to council. b. KPB Personal Property Tax Amendment - Semmens reported he attended a KPB Finance Committee meeting on the proposed personal property tax amendment and noted a memorandum reporting on the meeting had been added as Information Item No. 6 at the beginning of the meeting. He offered to answer any questions council may have on the matter. Bannock noted, Semmens' memorandum stated the net loss to the city would be $22,259 if the proposed amendment was adopted by the city. He asked, what that number was less than. Semmens answered, it was less than the 1997 Borough's projected personal property revenue of $155,000. If all the changes take place, the city would get $130,000. Semmens added, the city is under no obligation to make any changes. If the city chooses to do nothing, the Borough would still be required to tax and assess personal property the way the city's code is now. If that would happen. the city would then receive an additional $25,000 due to the change in the motor vehicle tax. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 3, 1997 PAGE 14 Semmens noted, there were some differences of opinion with Assembly members. However, there was no outright opposition though comments were made that there would be amendments, especially concerning the motor vehicle tax. (Some would like to see the ordinance pass, but didn't want an increase to the motor vehicle tax.) Semmens added, the final public hearing was scheduled for December 16, 1997. Measles asked, if the ordinance was amended as proposed, but with no increase in motor vehicle taxes, what would the cost be to the city. Semmens answered, it would be another $530,000 for the entire Borough, including the cities. For the City of Kenai, it would mean the city would not get the additional $25.000 -- ending up to being an approximate $50,000 decrease to the city. I-6. Public Works Director - No report. I-7. Airport Manager - No report. ITEM J: J-1. Citizens - None. J-2. Council Bookey - Reported he would be out-of-town on December 17 and unable to attend the council meeting. Swarner - Reminded council of the Love, Inc. reception on Saturday, December 6, 1997 from 2:00 to 5:00 p.m. at the KVCC. Moore - No report. Bannock - No report. Smalley - No report. Measles - No report. ITEM K: ADJOURNMENT The meeting adjourned at approximately 8:04 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk CITY OF KENO ,► Gd eapikd 4 4&-.__ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bwo%hrd MJ)ID)J)to) M1111 IDili J)� TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: December 12, 19 7 RE: CUAWNGHAM PARK PROPERTY/GARCIA BUILDING ENCROACHMENT Attached is recent correspondence, council packet information and minutes of past meetings in regard to the above -referenced matter: a. Sara Cunningham Scott letter (received 12 / 12 / 97) and attachments (Scott letter to C. Garcia and letter from Hans Sievers). b. 10/30/97 CRG letter and attachments to Sara C. Scott (heir Martha Cunningham). C. 10/ 10/97 Sara C. Scott letter to city. d. 9 / 3 / 97 council meeting minutes. e. 3 / 5 / 97 council meeting minutes. f. 3/5/97 council packet information, i.e. 2/21/97 C. Garcia letter and property plat; 2/28/97 CRG memorandum to council regarding proposed land swap with Garcia; 2/25/97 B. Springer memorandum regarding setbacks of Garcia building. g. 9 / 18 / 96 council meeting minutes. h. 9/4/96 council meeting minutes. 9 / 4 / 96 council packet information, i.e. 8 / 29 / 96 J. La Shot memorandum regarding placement of fencing at Cunningham Park (with plat attachments). j. 8/21/96 council meeting minutes. k. 8/21/96 council packet information, i.e. 8/21/96 B. Springer memorandum regarding building permit for Garcia building and discovery of encroachment (with building permit application and plats attached) . '�IIII 1992 IE'C V :) Cit< of Kenai Cunningham Scott 210 Fidalgo Ave.. Suite 200 GiTY AD'.,AIN. CF '<ENAi 2220 N. 15th St. Kenai. Alaska Sheboygan_ WI 99611-7794 53083-46=19 Dear Mr. Rick Ross. Mr.Cary R. Graves. & Honorable Council Members, I have sent this letter to Mr. Chris Garcia, for him ltopresent I have been in co ct it to you at his meeting with you on December 5th, 1997. Mr. Garcia an by mail and telephone for about two months. He has in his possession a letter from my cousin, Hans Sievers, who states that I may act for the heirs in this matter. A conspiracy of events has prevented me from accomplishing all that I had wanted to, to provide proof of our heirship to both Martha E. Cunningham. and Ethan Cunningham. I will send that along at a later date. It is my hope that you will accept our wishes as expressed here, so that Mr. Garcia may complete his building, pending the resolution of the encroachment problem. We see no reason that he should be prevented any longer from finishing the building because he has agreed to resolve the issue in good faith, with us, and the City of Kenai. I have several proposals to suggest, which Mr. Garcia and I have discussed at length, n which I will be submitting to you in writing, in the very near future. My reason including them here is expediency. Our courthouse is closed due to the Holiday to Weekend, and I was therefore prevented from retrieving copies of the documents prove our heirship. I will committ to doing that at my first convenience next week and forwarding both the proposals and proof of heirship to ou and Mr. Garcia, at that time. It is my hope that this will arrive in time for Mr. Garcia to make his presentation, and that if so you will act upon our wishes, by allowing him to complete his building whenever he can. Thank you for your time and attention. Sincerely, s Sara Cunningham Scott Chris Garcia P.O. Box Kenai. AK Dear Chris. Sara C. Scott 2220 N. 15th St. Sheboygan, WI I hope this is not too disappointing to you. I was on my way to the my auto UPS Oc ubct e. here in Sheboygan. on Tuesday, when my car died. had new battery. I thought my get a jump and then drove out to Plymouth, get troubles were over, but when we checked, we found out that my alternator ternhaor a and keep failed, which is why the battery went dead. It wouldn't hold enough 10 hours. So, the car running after standing one night and havingcharged of the items I had to get my transportation in order before I couldanything proceed b itth anI never got to we spoke of. I am som- for this. I Just couldn't do _ g contact Jimmy. so I am trying with this to do the most with the least. The letter I -oceed to complete your am enclosing will give you permission, from us. to p ext week for the building, as we had discussed. I will have to go to the courthouse n documentation proving our relationships to Martha and Ethan. I went numbers there today, Friday, with Jacqui, (she was going to help me record document we could send along copies of birth and marriage certificates as cumstancproof) buut we found es, that the courthouse is closed for the Holiday weekend. Under these the best I can do is send you the enclosed, for presentation at your meeting, and try 1 to contact Jimmy today. tommorrow and maybe even Sunday, and J P at it I do make contact. I will prepare a letter as we dicussed with the possible olutrry to the encroachment probls ern and get it off to you ASAP gotmycar fixed. More this happened. there just was nothing else I could dotill gt Soon. Sincerely, Sara Cunningham Scott D9AR MR GA1�C: ;A 1 7A if,4 l / R u %2 A K n To LD A J36ckT `T oun, ' j Tt4j f dN, Sgy- oFFcM 7'o H-AgDL fT- FoA T wi- /Z-teT o f tA S, ARP 54caLS91L uwDi&R5TArt0'5 TWoSp T61 G k4s 6r,Pt W Q'IJJH j 'Po, wj¢ 7L W" A MO I�,4T V--OubD Ba. FiNe- rE iT CAK ALL `foa �,o� - TN,� oFF yiu,< ,4r�oCv� -rI �ou �,� m k" Ttaw IblvI*rbH, �ioK' K° ���K i'LL �V>rf: . � GIGS uP T6�tt./�!Z F�uz F j Do L4 � � 5 + »'D 51&Y- `{o%A , October 30, 1997 e' Sara C. Scott 2220 N. 15`h Street Sheboygan, WI 53083-4649 CITY OF KENAI cd Capz4al 4 >Qjlza. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 _ FAX S 07-283-3014 VVI" �r.ncn 1III�� i»z Fly RE: Cunningham Park Property Dear Ms. Scott: Thank you for taking the time to write to us about the Cunningham Park property. The Kenai City Manager has requested that I respond to your letter. First 1 would like to give you a little background information about the problem. In 1971 Martha Cunningham donated a piece of property to the City of Kenai to be used as a park. It is located on the Kenai River. The deed states that the property will revert back to Martha Cunningham or her heirs if it is no longer used as a park. The property has been developed as Cunningham Park and is heavily used in the summertime for bank fishing and boating access to the Kenai River. The park is about 1.75 acres. -k copy of the deed is enclosed for your information. Some time ago, the City discovered that a portion of a boat storage house being built by a neighboring land owner was encroaching on park property. When the encroachment was discovered, the City ordered Mr. Garcia to stop construction. Mr. Garcia then requested that he be allowed to trade property with the City to resolve the encroachment. A copy of a survey of his land showing the encroachment and proposed land :-ade is also enclosed for your records. The trade basically would involve a swap of 621 : quare feet of property. According to our City Engineer the property is valued at about one czilar a square foot. The City is very appreciative of Martha Cunningham's kind gift of park to the people of the City of Kenai. Because of that and the reversionary- clause in t = deed. the City Council did not want to consider any land swap which would go again: the wishes of Martha Cunningham's heirs. Thereiore. we requested that Mr. Garcia cont-z-- her heirs to see if they obiected to the proposed trade. Ms. Sara C. Scott October 30, 1997 Page 2 of The Council has not taken a formal position on whether it is in favor or opposed to the proposed trade. I am sure the desires of the heirs in the matter will weigh very heavily in the Council's decision. I hope I have answered your questions about this matter. If not, feel free to write or call me. I will be glad to do whatever I can to assist you and the other family members. Very truly yours, CITY OF KENAI CR. Graves City Attorney CRG/sp Enclosure b C C- /e 4R E. I7.SER Atttrncy 'L;.c C i I o f .... a , ,....::I.a , 11:1:. ilccrl u l , C red certain rcni I,ro!u i i nr u t ::s ,i•I it' 1,;,1 i., anhjl ri U1 r1 r1:11 .1 • I eon,!it ions, :1111: the c•s Tnhl iS.,: e':c I 1 by a "Iced sui,jcct to those condi=_ens rlith tl,c ,I her 1,1a11111^• anJ i processing to follow, iiOW 1liP.RIF01ai, the Cr:n:or, '%ArT1?A r:. CoHr:r::r.I:AI, Lerch) - r ives anJ donatcs Cor a L011 ;+'uw Lac li:;;;•Lrc, conveys and quitclainS to the Ci_p of l:enai, :1 home rule charter municipal corporation, or+!anizrli -.Jer the 1a1as of t:w State of Alaska, all interest which she hzs in the Collowin,- described real property situated in the Kcn:!i Rccordin,- District, Alaska: The East 300 ',rt oC 7--et Five (51 of IIORSI°.5mr, rmii A•r !:Tlt!i7 according, to Plat on Cilc :'ir'1 the Kenai District I!ccOrt:er. Al:lsI,a. SUGJrCr 70: 1. A nadir.!, or the :cJ :,rr.a "('unuinr;lam -'crorial Park". Z. A reversion to :.1. - Cnr.ninnhnm or her heirs in the ` event the property is no longer _scu as a part:. i 3. The donnLcd rcnl----+crty shnll be surveyed, ;llattc.I! and approved by the proper authorities at the cost of the City of Kenai and at no cost to the Donor. 4. Reservation to the=rantor of all mineral and oil rights, except coal. . DATED at Sheboygan, sco/nsin, %;Iguuay of T)eeember, 197 STATE OF WISCONSIN COUNTY OF er THIS 1S TO C2?'M.Y :n thc-I--'a), of Dcccnbcr, 197 , I 1;ARTI;A F. CUNNING11AM personal:----earcu oetore the undersi-,ncd 1 1 -nd aehnowledged that the auove _--.strui;icnt was signed and �II acknowlcdkd a9ziier act. 50' fooND— Beaver - ,�z Loo P.C. P Road 50- T( (51.45) I . L SHOP/GARAGE 4 9 8 BUILDING UNDER 9) CONSTRUCTION �,! o (ENCROACHES) CIIAIN-LINK — FENCE hS ti 40.4 9 ". SMU .4"lot, 1 N — 621 S. F . 16.71 16.2 Z 5HE0 .- w 0 N l APPROX. WELL LOCATIONLA h o 77.1 80.2' t _ � APPROX. CREEK O 2-STORY FRAME o; LOCATION N5727'47"W DWELLING a .30.69 ' o CA ELEVATED WOOD DECKS 0 Trac 1 4 CGS' M Proposal A M �� O1 'U O SEPTIC SYSTEM $ VfNf (PER OWNER) O r O � 621 S.F. o C O z z (N8 ` 1 15'00"W 303 53 MEANDER LINE) Garcia Property 6.67 K N A I R I Tr. 4, Horseshoe E'nd v 0 R at Riverbend Sub. 0// O/j � 0 c 1. R 4(� kt"VW M9 NA171k Is 3A-RPr O&1O11&M1" SCQ-7, kT�r; f7gSTAWAA-6 On} Ti,r�7 phi�� Z 77' � I 'WRIAW VJ irIDTrS'. f1 S �T _rK/P4 MW 7#-/� kST1Y4-?C ,S 1,41ZYW� sHFeog 6M, g) Z . So Of NV PAQEAJ 7� ,S OC)h Op T/� TV iVa,010 F07V, 4-77'W 6'K lywm�O ra t QKUN91!�U 4476e,&R �>J (:T ithqs 3 D es azD u1tf -S ,TOCO1c Try powly-S ; wid 1- � tvR 1 Tin1� 70 ,do � 1 ��Z: :: MR. C14RI,3 � C CON TiNG� ) (�D 7�,JT 7N4TE 1,� AF -q4 pl%Ck F O ZI K"E- To I ®AO60 T S ; w t q--r lS Tj�,?E� S7l - I)M-TA-6 V77� 04r HE-mMAl- f}T 7 ' S 77/2M- Z 117V /i') �iy 4L)/TlY EOT/� oTI%�Pz #el)OS F&/n u0/4Z 7-/V4n COX,<- TO l�it1� d T/NkX (j Ok 37M sgZAS To 8a) 7 5 ��p9UJS fs &Jogt�- � 1I� 640u fv2 6JOUR#*;-R" T1GA). ZA RZ-�A)z, A�e Si/U� KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 7 Ross also noted, at the last Harbor Commission meeting, the Commission addressed the letter from the Corps of Engineers regarding the surveillance report and then forwarded it to the City Council. He added, it had not been brought forward to a council meeting because he had met with Senator Torgerson and they discussed how DOT had gotten involved with funding with the Corps in different communities throughout the state. At this time, Public Works Director Kornelis is investigating how the Corps and DOT have related in other communities in regard to erosion issues (river or ocean), their level of participation, etc. If there is an option of bringing in another sponsoring party, it's an option council should have before them. He was not aware of how long it would take to get the information, but the Corps had been noticed that the item had not been brought to council for an answer as yet. Williams suggested petitioning the congressional delegation as the sponsorship because each one of them is fully familiar with the city's erosion problems and understand the difficulties the city has had in getting the Corps to move on the work. D-4. Library Commission Councilman Moore reported the Commission met on September 2 and heard a report on the very successful summer reading program. He added, there had been a significant increase in attendance. They also heard a report from the Friends of the Library who are selling their annual building addition fund-raising tickets. The Commission also discussed establishing a Public Relations Committee, reporting to the Commission, to promote public awareness of the library and what it has to offer. Moore added, there was also discussion in regard to an alliance with other local libraries and schools about computer networks. The Commission decided to hold off on that until a future date in order to become more aware of what would be required. Librarian DeForest thanked Councilman Bannock for his involvement with the summer reading program celebration. D-5. Parks & Recreation Commission Councilman Bannock reported the next meeting would be held on September 4. Director Frates reported a tour of city parks was taken by the Commission and it was found to be a good learning experience for all. The Commission will have a follow-up discussion of the tour during their next meeting. Mayor Williams asked the progress of the fence and building placement issue at Cunningham Park. He continued, through past discussions. council was aware the fence had been placed in the wrong place on .both sides of the property. He asked if administration could have a true survey line marked and have the fence placed on the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 8 property line. He added, he thought if the fence was placed on the proper boundary, it could be seen what room for expansion would be. Ross noted, he was not at the city when the fence had been placed, but some of the items he had read and conversations heard were that the fence was intentionally moved in to keep the public from getting out into the whole of the area. The fence was not meant to mark the park boundaries, but more to contain use. Williams agreed, except there was now a problem in that the boundaries of the property had been delineated and there is always room for prescriptive right. Attorney Graves stated, that could not be done against the city. Williams added, one of the comments he made to the Parks Commission was they needed to do long-term planning for Cunningham Park and to do that, the boundaries should be known. Swarner asked what had happened with the property line next to Garcias. Attorney Graves answered, council had directed Garcia to research the heirs and try to contact them. His lawyer wrote and stated they really didn't want to do that and Graves wrote, stating it was the policy of the council and administration would not change that policy. Graves continued, he suggested they try to contact the heirs and if there were problems to let the city know the process had failed. He had not heard back from them. Swarner asked how much property was involved that was not included within the fenced area. Frates answered, in reviewing the city maps, he thought it was about 20 feet according to a survey from 1992. Swarner stated, she objected to putting any money into that property until the building problem was resolved. Bookey stated he agreed that the fence line was not a primary- boundary, but a way to keep intruders from entering other properties. He did not have a problem with doing another survey, but did not want to move the fence as he saw no real benefit. Smalley stated he understood construction on the Garcia building would be halted until the matter was resolved and it appeared to him construction had continued. Graves and Ross stated they were not aware there was work being done on it. Williams stated, if the fence had been correctly bounding the park property the building problem would not have happened. Smalley and Bannock disagreed. D-6. Planning & Zoning Commission Councilman Smalley reported the minutes of the August Commission meetings were included in the packet. Bannock referred to discussion in the August 27 minutes about the Baron Park No. 11 lease application and asked if the information in the KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 30 Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS G-1. Chris Garcia - Building Encroachment/Cunn=ngham Park Mayor Williams referred to the information inc= tided in the packet and noted Garcia's building was encroaching on the Cunningham Park property. He added, Garcia had been working with administration to resolve the situation withour having to tear down the building. Chris Garcia noted he was encroaching over the property line of the Park property. He proposed to swap an equal square footage of property as the amount of encroached proper_`, (the square footage would be in a wedge shape beginning at =he river and up along the property line). With the swap, the Park property would still be the same size and so would his, but to property line would change. He thought that would satisfy =he conditions of the problem. The Borough appraiser told him t-he value of the property he was offering to swap was worth two =o three times as much as the property he would be getting in return. He was willing to do so because he felt that should satisfy everyone. Bannock referred to Building Official Springer's memorandum (included in the packet) which discussed minim::m setback allowances. Bannock asked if the map (included in the packet) showed a five foot setback. Garcia answered, 5% feet. He added, after discussing the matter with city officials and others, they KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 31 felt the minimum amount of swapping property would be best. Bannock noted he was speaking of the setback from the building to the property line, which was SM feet, and there would still be a two -close -to -the -property -line encroachment. Smalley referred to Attorney Graves' summary opinion in his memorandum (included in the packet). The summary noted, the proposed trade would violate terms of the deed agreement and would put the council at risk of forfeiting the Cunningham Park property. Smalley stated he was very concerned with this possibility. Garcia stated he didn't see in the court cases, where a swap of the same amount of property was done. The Parr would stay the same size and didn't see where there would be an infringement. Swarner asked if heirs of Martha Cunningham had been contacted. Garcia answered no. Swarner added, from the attorney's information, and according to the deed, the city couldn't swap the property. It was up to Garcia and the city attorney to prove it would be acceptable to swap the property. She suggested the heirs be contacted. Williams reported he had talked with some of the neighbors in regard to heirs and who they might be. Williams asked, if the heirs were contacted and they issued a letter :o allow the swap, would council be willing to make the swap. Attorney Graves I stated, through probate, a family tree would have to be reviewed to figure out who the right of inheritance would pass to and I determine who were the legal heirs. Williams stated he hated to prolong the matter and to say no if there was a possibility to resolve the issue. Williams asked if the estate of Cunningham vested in the closest relative if no relative had been designated. Graves answered, it would have to KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 32 be determined if Cunningham had deeded any property by a will. If not, the family tree would have to be followed. Ernie Knackstedt - Reported he knew the Cunningham's well and the property was to be used for a park for children. He was aware of a sister-in-law of Martha Cunningham, married to a brother of Cunningham. He identified her as Henrietta Aldos, living at 500 Wall Street in Seattle, WA, 98121. Discussion followed as to who the responsibility fell to in contacting the heirs. It was decided to be Garcia's j responsibility and it should be his time and cost in doing the legal research. Graves stated, if the heirs issued a notarized I letter, signed by all heirs, it would constitute a waiver. This had been done by the courts in the past. He would prefer a notarized letter or quit claim deed. Williams asked how much it would cost to move the building. Garcia answered, it would be completely impractical. Williams asked, if Garcia was able to get a letter signed by the heirs, would council be willing to make a trade. Swarner stated she had a problem with the lot lines being jagged. Wi-liams suggested that if the heirs would allow some of the adjoining property to be used for the Park property, that added property could be leased and there would be no need to change the lot line. Swarner stated she was not interested in that scenario. Bannock suggested using the natural boundary of the chain link fence, selling the pie -shaped portion of property from the chain link fence to Garcia's property line, not do a land swap (with approval of heirs) and dedicate funds received from sale of that portion of property for the same intent of the Park. Bannock stated he believed Garcia's problem would be solved, the heir t problem would be solved, and there would be the correct amount of setback, etc. Bannock stated he would like to examine selling KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 33 the property as he described (west fence, east property line, north Beaver Loop, south River). The purchase and proceeds would be dedicated to Cunningham Park. Bannock added, he would like to direct administration and Garcia to accomplish that request. Graves stated he would work with Garcia, but wanted Garcia to search for the heirs and do the leg work. ITEM H• NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to pay the purchase orders over $2,500 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-3. Discussion - Setting Budget Work Session iate(s) It was noted the budget had to be adopted by council during the first meeting in June and that personnel -related matters would need to be completed in May. Administration suggested beginning the work sessions after April 16. Williams suggested deciding work session dates during the work session scheduled for Thursday Re Kenai City Council Members: RECEIVE FEB 2 1 jc KENAI CITY February 21. 1997 The enclosed map shows my building encroachment and a possible solution. After being discused With Robert C. Springer, the building inspector for Kenai, it was determined that this will meet the fire codes. The land swap which I propose is an equal square footage swap of property. I have been advised by Jim Lawyer at the Borough, that the river front property is worth from 2 to 3 times as much as road front property, but I feel an equal square footage swap should satisfy all concerns with park properry deed restrictions. Sincerely, Chris Garcia `— 50, Beaver Loop P.C. Road 50- (51.45) # SHOP/GARAGE L— 4 g 8 9) — --_— z 63.5'# BUILDING UNDER ti ! CONSTRUCTION i a (ENCROACHES) CHAIN -LINK --�- FENCE 1 " 60, N3652'21'E -- \�' SHED (0t, N 40.49 �47 16.71 ti I / 621 S.I. Z SHED � � � APPROX. WELL �1Q ' Q l LOCATION / C' APPROX. CREEK h h O 2-STORY FRAME LOCATION N52'27'47"W ± DWELLING 30.69 ELEVATED WOOD DECKS .. i o G1 k rrac1 4 o Com (V � `� I �; Proposal A in o r in o SEPTIC SYSTEM G) VENI (PER OWNkR) O r� � O 621 S.F. -- o r— O Z Z (N81' 5 ��p..W 30 3.53 MEANDER LINE) 6.67 KE NA j D IR f v E R Garcia Property Tr. 4, Horseshoe End at Riverbend S,ub. CITY OF KENAI Gil Cam 44" ►, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 MEMORANDUM To: Mayor John Williams and Kenai City Council Members FromCary R. Graves, City Attorney cc Richard A. Ross, City Manager Date: February 28, 1997 RE: Proposed Land Swap with Chris Garcia On February 21, 1997 Mr. Garcia submitted a proposal to resolve his garage's encroachment on Cunningham Park. As you know, one of the outstanding issues in this matter has been the restriction of our deed that the property be used as a park. A copy of the deed is attached to this memorandum. The deed states in part, "... a reversion to Martha Cunningham or her heirs in the event the property is no longer used as a park." In legal terms, a deed with an express reversionary clause creates a fee simple subject to a condition subsequent. Seltenrich v. Town of Fairbanks, 100 F. Supp. 296, 298-300 P. Alaska 4c6 Dist. Fairbanks, 1951); The Law of Property 12.7 (Cunningham, et al. West Publ. 1984). In lay terms, a "fee simple subsequent to a condition subsequent" means that if the donee (the City) stops using the property for a park the donor (Martha Cunningham) or her heirs get the property back. Where the reversionary language is not clear, the courts will construe the clause to be a covenant rather than a condition subsequent. For our purposes, the importance of the distinction between the two is that violation of a covenant would not risk forfeiture of the property, whereas violation of a condition subsequent can create a forfeiture. Seltenrich at 299-300. In my opinion, the language is sufficiently clear that the courts would hold the language in the Cunningham deed to a condition subsequent rather than a covenant. Another issue is whether conveyance of part of the property for non -park use would trigger forfeiture of the property. In City of Dallas v. Etheridge, 253 SW2d 640 (Tex 1952), the City of Dallas used a portion of a similarly dedicated park for a non -park - related public road. The deed in question also had an express reversionary clause. The Texas Supreme Court held that the non -park -related use by the City violated the dedication and held the City's right to the park land was forfeited. Memo to: City Councu Members February 28.1997 Page 2 of 2 More recentl , courts have been reluctant to order forfeiture of property, especially when the overall purpose of the donation is being substantially carried out. Johnson v. City of f� ckensack, 200 N. J. Super 185, 491 A.2d 14 (App Div 1985) (Minor deviation from dedicated use will not cause forfeiture). Kinney v. State, 283 Kan 325, 710 P.2d 1290 (1985) (Deed requires only good faith effort to maintain property for dedicated use). What distinguishes the current proposal from the Johnson and Kinney cases cited above is that the current proposal calls for the City to convey a portion of the dedicated z- property in the form of a land swap. In Johnson and Kinney the government simply `- didn't use all the property for the dedicated purpose. Conveying a portion of the property increases the chances that a court would order forfeiture. The Alaska Supreme Court has not ruled in a similar case so it is difficult to predict with certainty what its ruling would be. In my opinion, the court would hold the proposed conveyance does violate the deed restriction. What is less clear is the remedy the court would enforce. While I cannot state with certainty that a forfeiture would result if the trade is approved, forfeiture is a distinct possibility as shown by the Etheridge case cited previously. On January 6, 1997 I sent a letter to Mr. Garcia's attorney (Joe Kashi) stating my concerns and inviting him to submit any authority or case law which would alleviate the problems I saw. He has not responded to my letter as of the date of this memorandum. In summary, it is my opinion that: 1. The language in the Cunningham deed is clear; 2. Conveyance of part of the property by virtue of the p.—oposed trade would violate the terms of the deed; and 3. The proposed land trade, if approved, puts the City at : sk of forfeiting the property at Cunningham Park. If you have any questions or would like to discuss this, feel free to call or stop by City Hall. CRG/sp Attachment Me or ndum Date: 02/25/97 To: Cary Graves, City Attorney From: Robert Springer, Building Official n RE: LETTER TO KENAI CITY COUNCIL FROM CHRIS GARCIA I reviewed the above -mentioned letter and drawing. The setbacks shown on the proposed plan will meet building and fire code requirements. However, they will not meet planning and zoning requirements for setbacks in RR zoning. The minimum setback would be 15 feet. RSlmk KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 1996 PAGE 18 responsibility of the State (Kornelis was asked to check the progress of the Forest Drive upgrade and lighting status for that project, finding out if the scope of the project is the same as it had been); and, the light to be placed on Haida should be chosen from the three, which one was the most needed. The remainder of the lights should be kept on the list for next year's budget. There were no objections from council to the list of lights to fund. EXECUTIVE SESSION - None scheduled. ITEM I: ADMINISTRATION REPORTS Mayor a. Ribbon -Cutting Ceremony - Williams reminded council the ribbon -cutting ceremony for the Spur Highway upgrade was moved to September 24, 1996 at 1:30. b. Garcia Building - Williams reported he had received a letter from the attorney representing Chris Garcia in regard to the building being constructed on a portion of Cunningham Park. Williams added, the letter stated the attorney ad been retained to help in negotiating and determining what could and could not be done. One issue was whether Garcia and the city could swap land for like value, i.e. swapping a portion of the city property (Cunningham Park) on which the building is encroaching and in return, Garcia would give the city an equal amount of property on bordering the other side of Cunningham Park. If the swap was possible, Williams suggested council again consider the purchase of the five acres of adjoining Lofstedt property. Williams reported he spoke with Lofstedt and he indicated he would be interested in selling the property for $250,000 and would take the money over time. Williams noted that might be able to be done as a capital project, paying it over a two-year period. Measles reminded council that they once considered purchasing the five acres when they were looking into the possi-ility of building a boat launch and adding more parking space to the park. He asked if council would want to enlarge the park even if it could not put in a boat launch. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 1996 PAGE 19 Williams stated some of the reason for considering purchase of the property was because Garcia didn't want more people going on his property. At some time, in Williams, opinion, the river would be a drift -only fishery and an egress from the river would be needed. The purchase of the property would be for use in five to ten years. Williams noted, in any event, Garcia will come back with a plan. Attorney Graves was asked if the substitution of property would be acceptable. Graves answered, he thought the substitution of property would be more palatable. If the city gave a portion away, the question would be whether that would breach the agreement for the property from the donors. Graves added, he would research case law. Williams added, without an exchange of property, the only alternative for Garcia would be to tear the building down. Smalley noted, that was why Garcia retained an attorney. He added, he personally was uncomfortable with giving, trading or selling city property because someone built on the property. It would be setting a precedent. C. Economic Forum - Williams reported he would be traveling to Anchorage to attend an Economic Forum organized by Mayor Mystrom. d. Nakamura Letter - Councilwoman Swarner referred to a draft of a letter to at the Division of Public Health which was included in the packet. The letter was written in support of the Parent Support Program and the need to continue the program through the Kenai Health Center. There were no objections from council to send the letter. I-2. City Manager a. City Safety Plan - Ross reported the city's safety plan was in the final review mode. Language change the wording of who is ultimately responsible for carrying out the City Safety Plan within the departments and city from the Safety Department to the department heads and the city manager. The Safety Department responsibility is to make calls referencing problems seen, but primarily to provide technical and resource assistance to the departments. There were no objections from council. Also, the Alcohol & Drug Screening policy required a correction in regard to when a CDL who has been randomly selected for drug/alcohol testing. At present, the Plan classified random drug testing CDL's along with CDL's being tested due to a citable accident or reasonable suspicion. As written, =he random drug KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 1996 PAGE 15 ITEM E: MINUTES E-1. Regular Meeting of August 21, 1996. Approved by consent agenda. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS Discussion - Date for Introduction of Ordinance Accepting the Comprehensive Plan. Williams suggested the Comprehensive Plan Update be reviewed during a work session prior to formal approval at a council meeting. Smalley stated he agreed strongly and suggested comments and amendments could be made at that time. It is a document that is the future of the city. Williams suggested capital matching grant issues could be discussed at the same work session. A joint work session of council and the Planning & Zoning Commission was scheduled for Monday, September 16, 1996 at 7:00 p.m. Clerk Freas was requested to notify the Planning & Zoning Commission members. G-2. Discussion - FY98 Capital Project Matching Grant Program. Work session set for September 16, 1996 at 7:00 p.m. in council r—chambers. G-3. Discussion - Garcia Building/Cunningham Park. Attorney Graves reported the only additional information forwarded to council was the survey indicating the Garcia I building was more on city property than first discussed during the August 21 meeting. Also, included in the packet was a copy of a memorandum from City Engineer La Shot regarding his first contact with Garcia in 1982. Williams asked if Garcia had been advised. Graves stated he had not talked with him. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 1996 PAGE 16 William requested Garcia be advised in writing, and copies of the survey and La Shot's memorandum be included with the letter. Garcia should also be asked what action he would be taking in regard to the building. Williams suggested giving Garcia ten days in which to respond to the city. Swarner stated she didn't think the city should ask him what his plan would be or give him ten days in which to respond. The city should tell him what he needs to do. Williams stated he thought it would be appropriate as a courtesy to a long-time city resident, etc. to send a letter with the enclosed information indicating the building was placed on city property and give him ten days in which to respond as to his intentions. Ross asked if the letter should be written by the city attorney. Council agreed it should. Graves stated he would send the letter by certified and regular mail. 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. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Moore MOVED for approval of the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. Williams referred to the earlier request to discuss Item H-8, Approval of Inlet Woods Subdivision Lights at this time. Councilman Moore referred to a memorandum from Kornelis which was included in the packet. The memo noted Air Tek, the contractor, submitted an updated proposal for placement of seven light poles in Inlet Woods. The cost increased due to the manufacturer's cost for the pole/fixture. $7,500 was budgeted for the work. An additional $749 would be needed in order to cover the cost for the placement of the seven light poles. Kornel_s offered two options: (1) pay the $749 from the $20,000 budceted for other new street lights or (2) reduce the number of s Greet lights to be Memorandum To: Cary Graves, City Attorney From: Jack La Shot, City Engine Date: August 29, 1996 Re: Garcia building/ Cunningham Park You had asked Kim to have me write a memo to you concerning the building Mr. Garcia has started to construct partially within Cunningham Park. The following is an account of what I remember from 1982. I administrated a contract in the summer of 1982 to install fencing in various locations within the City. One location was Cunningham Park along, the east and west sides of the park. The reason for placing the fence was to restrict use of the park to established areas upland of the river. People were trespassing, littering, and starting fires in the grass. had the fence installed between the park and the Garcia residence being certain to keep it well on City property and off the Garcias' lawn. It was apparent, at the time, that the Garcias' were using some City park property to store items and for lawn. Mr. Garcia, after observing the fence installation, came to my office thinking that we had installed the fence on his property. After much discussion, looking at maps and plats, and even physically locating a monument and measuring to the adjacent property corner, we were both certain that the fence was well on City park land, not along the property line or on the Garcias' property. Considering the effort to determine the location of the property line, I was quite surprised to see the building being constructed in this location. -.b / N slofsn �V1 /16 00 Mo' W ,? ENCROACHMU =9.2' t mu l ` --� f 17.4' I F- Z Jn3I 9�a'I9Ta 1 LAI cc G 2 o U Q O earring t17.5' U Z _ •6.Y LJ O lawn Jr gravel —aikways u o Z . _ d Q 55.1 a' :g1°15•w � �I V---- - ------ AS-r3UILT CERTIFIC,= TION LEGEND As -Built Cert^icote ! Rector/Pipe (round) I hereoy cert.iv that the improvements hereon exist as shown on the rallowing aescrioed property rro t ^—B Date:26 August. 1996 r.B. #: 96-6. pgs. 16-17 _ yorse� -_e En_d At Biver Bend Subdivision Scc e: !" 40 P!ot: 72-12 1 KENAI KECCRDING DISTRICT ana that no scroacnments exist except as noicated. Drawn: REW I W.O. 3: 96131 (Disk: D16\Horsesnoe End Exclusion Note: It is the resaonsibility oT the Owner to determine the IN=-EGR1T'� SURVEYS existence oT _ Y easements. covenants, or restrictions which act not =pear on the recorded subdivision plat. 05 Swires Drive Kenai. Alaska 99611-8363 Under no cir� ••instances snouid any data hereon be �URVEYCRS 'BONE - ' <07) 2e3-9047 usea for cons ruction or tor estoolishing boundary or =Az --- 937) 283-9071 4NNERS fence tines. Pr ►w SEA VER LppP � I 1 op' Raw . - S12"----------------------- EI Ili � Te.e � �\ ig W ACT Sp -A L rrr *a e. N N 67 3oW E 245.74 KENAI RIVER . Nlr rah r m wles eaus elr O�i•aefLf W TRACT H 4 NM : This subject to any facts #mA may be dndosed by a fun and ovate titY uleQrh. 1 Swan Surveying M"ae/ Swan R.LS. P.O. Box 987 • Soldoina. AK 99669 • 19071 262.1 O 1 �, v : ,<`• :•� ra rrf[� salt alw cam, � ''J1 ' I j I M.IIO► eenlh fA1/ 1 AM p.r/Nwfqq . YMylyet MlpeC11OI1 el IM 1r.�wp apcnOM p.0y.n� � �l�c,>G �EI✓� Si ,ram, LOCefee M rile xer•el 0- :.. ;.ha.-i A. 5-now fO'e MC1. RenN. AK, a -Mel M MnN.v ago f fa nt"nw-r MN.M //e Pn fae fM OfOpn► O.M./MM•.1• N MI .•..1.0 N e1K.01t. ew IM a+ee..rr IrinO.Olae.•af .M..f0. that" IMO.w► -'• • LS is a.Ne• ew ofeoarf► ti• M'l� aere.nf Me..y enCleafA en 1M e.a.Ma.a M ey.l.a�e �.� Me/ IM.e enl M IYL< tt� �.`•• • do .fR beMMp NNlfe.mNNNfew, N Nla P.O."mcoN•a aaaaall• Nnelf. ,�� �� asauuu .,ws "dT RAQver Loop000 i 00 i� up I i zr " ft r r., S 82x330' S 30236 , 1\ 3 c cO :n CD m ; \ o N O , W O o �-' 0.0w N ti. I 1 O O 0 N 55.14 S 87'30'00' 245.74 KEN/ ?IVER TRA I—: — 4 SWAN SURVEYING P.O. Box 987, Soldotno, Ak. 99669 CUNNINGHAM PARK A. EW t Ow I" ft"b- FFB, �: I k KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 5 of 21 B-3. Chris Garcia - Building Permit Garcia stated that if something isn't done about this issue he is probably going to lose his building to the weather as it has no roof. He said as soon as he learned there was a discrepancy he stopped construction. Garcia referred to the map handed out by Kornelis and said it doesn't agree with his information. Garcia said that at the time of the survey the City came to him and said that the boat launch was on his (Garcia's) property. Garcia told them he didn't really care; they could just leave it there. The City then told him the boat launch was real close to the property line, he said; and they asked him if it was all right to "fudge" the fence on his side of the property line so they could keep the boat launch and then run the fence down the property line. Garcia stated he was told it was only two or three feet, so he told them to go ahead with construction of the fence. Since then, Garcia said he has utilized the property up to the fence as his own. He said even the City police have run people off of the property and told them to stay on the City side of the fence. After Garcia began reconstructing his building, he said, the City building inspector told him he was infringing on the City's setback. So Garcia checked the setbacks and learned it was 15' on side property lines, he said; and because he was 19' from the fence he didn't see a problem. Garcia stated he discussed this with Mayor Williams and was told the Mayor didn't see a problem either. "The building inspector told me he was going to send me a letter telling me everything was okay, and he Never did," Garcia said. When Garcia approached the building inspector about the subject several months later, Garcia was told there was still a property line dispute which needed to be resolved, he said. Garcia stated nothing has been done on this problem all spring and all summer, and he would like to get it resolved. Garcia suggested that maybe the survey which was done in the late 1970's was wrong. He said he is willing to buy the property from the City or "whatever it takes," because he has a lot of money invested in a building that he doesn't want to remove. Williams stated that the fact is that Mr. Sarcia's building �'Mayor is on City property. The location of the fence, he said, seems Jto have caused the misunderstanding about where the property line really is. Mayor Williams said it's not possible to say why the fence was put where it was or why the foundation of the second building was placed where it is. He asked Garcia how long the original foundation has been where it is. Garcia stated it was KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 6 of 21 after the fence was up, maybe the late 1970's or early 1980's. Mayor Williams said that when an encroachment goes unchallenged for so long the property in question usually goes to the encroaching party. City Attorney Graves stated that compounding the problem is the fact that this is dedicated City park land. He said, if the City doesn't use the property for park land, it reverts to the heirs of Martha Cunningham. Garcia said that the City stopped using the land as park land when the fence was built. He said he has used the land up to the fence ever since the fence went up. He said he has planted grass and stored things in it. "The City has not used that particular part of that property as park land since the fence has been there." Attorney Graves said he was told that the fence was put where it was in order to provide a buffer between the park and Garcia's property. Garcia said that was one of the original reasons for the fence, but that doesn't speak to why the fence was put on City property. Garcia stated that when the surveyors were there, Garcia was told that the river side of the fence was on his property; but he agreed to that because he wanted the fence and because the boat ramp would not have to be cut out. Councilwoman Swarner asked Garcia if he put the original slab in for the new building. He said he did that after the fence was built. She asked if he had a building permit for that project, but he couldn't remember. Kornelis said the only permit for that property was for the construction of the home. There is no as - built or any other record for the new building, Cornelis said. Mayor Williams asked Administration to research the problem and try to find a solution short of tearing the building down. Councilman Bannock said that the building is approximately 19' at its closest point from the fence. He asked Garcia if he was led to believe that the fence was the property line? Garcia answered yes. Bannock asked if it would be possible for the City to bear the expense of resubdividing that property and giving the 19' "sliver" back to the Cunningham's because it is not being used as a park. He said then Garcia could negotiate wit:i the Cunninghams to solve the encroachment problem. Attorney Graves said the problem is in contacting the heirs of Ms. Cunningham. The estate has been closed (probably), he said, and we don't know how many heirs there are or if they could be found. Councilman Smalley pointed out that the amity is, and has been, in violation of the agreement because that section of the property has not been in use as a park. KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 7 of 21 Councilwoman Swarner asked if the March 1996 survey could be incorrect. Mayor Williams said that until a solution to this problem is obtained Garcia should not be fined. Councilman Smalley agreed that a new survey might be a good idea. Councilman Moore asked if a survey was done before the fence was built. Kornelis said Jack La Shot was in charge of putting this fence in and he has been on vacation recently. Kornelis said he was told that Jack had placed the fence away from Garcia's property line because Garcia wanted a buffer zone and the fence because of the number of people in Cunningham Park. Mr. Garcia said, "That's not so." He said all he ever wanted was a fence just so people would know to stay off his property. He said again that has always been under the impression that the fence was built on the property line except on the river side where it was on his property. Kornelis said Jack would back on Monday and that he might have some documentation on the subject. Mayor Williams directed Administration to try to come to a solution without any ramifications to Mr. Garcia. No objections from Council. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1709-96 - Increasing Estimated Revenues and Appropriations by $150 in the General Fund for Fertilizer and Gardening Supplies. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1709-96 and Councilman Smalley SECONDED the motion. There were no public or council comments. Mayor Williams directed the Clerk to write a thank you note to the Katmai Hotel for their donation. VOTE: Williams: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Bookey: Absent MOTION PASSED UNANIMOUSLY. C-2• Ordinance No. 1711-96 - Increasing Estimated Revenues and Appropriations by $490,000 in a New Capital Project Fund Entitled, "Kenai ARFF Project." MEMORANDUM TO: Mayor Williams and Council Members THROUGH: Keith Kornelis, Public Works Director FROM: Robert C. Springer, Building Official DATE: August 21, 1996 SUBJECT: Chris Garcia's Building at 2528 Beaver Loop Road — I was doing an inspection at a house across the road from Mr. Garcia's j- property on 11 /21 /95 when I noticed construction on a building had been started on his property. At that time they appeared to have been constructing frame walls in a tented slab, but 1 could not confirm this. I was able to speak to Mr. Garcia on 1 1 /29/95 by phone. I told him he needed a building permit to construct a building on his property. He stated that he had talked to the previous Building Inspector (Howard Hackney) who informed him he did not need a permit as he was only re -constructing an old building that had collapsed. Mr. Garcia then indicated he would get a permit. Mr. Garcia's wife came in to my office on 11 /30/95 to get a building permit, which I issued at that time. I did not ask for a plot plan since Mr. Garcia had indicated to me he was only re -constructing an existing building. According to KMC 4.05.025, a plot plan is only required for a new or enlarged structure. The building was already 30% complete and since I had not seen the size of the previous existing building, I could not determine if this building was actually new or enlarged. After looking at the location of Mr. Garcia's building, in relation to the property line, there appeared to be an encroachment. I sent a letter to Mr. Garcia on 12/22195 informing him that his building appeared to be encroaching on the set backs, and to please provide an as -built survey so we could clear this up. Mr. Garcia called me on 113/96 and indicated he did not want to provide an as -built. He insisted this was an existing building that he was re -constructing on the old foundation. We had on file an as -built survey of Cunningham Park that was done in February, 1992 by Swan Surveying (see attached). It does not show any structure in the park encroaching from Tract 4. A new as -built survey of Cunningham Park was done in March, 1996 by Swan Surveying (see attached). It clearly shows a building encroaching on city property by 13.3 feet. I sent a letter to Mr. Garcia on 5/23/96, telling him his building was encroaching on City property by 13.3 feet and that his building would have to be removed. At that time I also sent a copy of the as -built survey that was done in March. I sent a letter to Mr. Garcia on 8/7/96, notifying him that his building permit was suspended. I gave him 60 days to get this situation corrected, by whatever means, or his permit may be revoked and he may be subject to penalties. If you need any further information, I will be available at 8:00 a.m. Thursday. • • • • • • • • POST IN A CONSPICUOUS PLACE • • • • • • 0 • 24 HOUR NOTICE IS REQUIRED FOR INSPECTION SERVICE BUILDING APPLICATION AND PERMIT BUILDING INSPECTION DEPARTMENT CITY OF KENAI 210 FIDALGO ST. PHONE 283-7535 B 3296 DATE / % - 3 0 - qs OWNER �If k v . S GQ� C i ` ED Six '��� �� %7� If ADDRESS 2,5 2 fl L�" L-oo (2 ZONING LOT /Vacf BLOCK SUB i70YS2�t�-e �N� 6f R1 W^ lje- DISTRICT CONTRACTOR STATE ADDRESS LICENSE NO. DESCRIPTION OF WORK NEW ALTERATION ❑ ADDITION ❑ REPAIRS ❑ DEMOLITION ❑ OTHER C i� I 71T lco cocP-ICv PLUMBING ELECTRICAL BUILDING APPROVALS SIGNATURE DATE APPROVALS SIGNATURE DATE APPROVALS SIGNATURE DATE GROUND WORK ROUGH -IN FOOTINGS ROUGH -IN SERVICE FOUNDATION GAS PRESSURE TEST I PAL FRAMING DRAINAGE TEST WIRING ME4IANICAL WATER TEST HEAT PIPE TEST INSULATION IAL FINAL SHEETR= TYPE yr STRUCTURE: HEIGHT: WI)TH: F LENGTH: USE OF STRUCTURE: LOT AREA: 'Off STREET PARKING: FRONT-YARD25— SIDE -YARD REAR -YARD ZD y} ,/� �3Lt%5' 14 FINAL PLANCK FEE AMOl1lVj_ WATER: IVATE O CITY • SEWER: � IVATE OCITY �/OTAL VALUATION "T C/ � (J NATURAL GAS: O YES O NO • ELECTRICAL SERVICE AMPERAGE Ths urwsrs,gnso oPPI-cont ogrsM -o fully saons.ots. utWmnrry ono tors ndrn.ss ins (,Iv or Ksna,, Aloska trono a,, c,au.� w .,r, ., .,�• -.w,.-• ••.•..o•••..• ••. •--• - ---- damsor octions, bossy upon or arising out of domags or —W,srn s ItrlCtudtrlg dsot to psaons or woo" canal bram usbtMd Inc noctwn w O/ma sot ins work for which thy p�rmtt is tasuso. WOW co naili ons crso NO lhNeoy. and among omer things, if rsausswc CY the City or Kane. to cuumit, without sipsrtss I the - and dsf "Ill any ----Ior aht 1 BUILD G PERMIT EXPIR IF WORK AUTHORIZED IS NOT COMMENCED WITHIN 6 MO THS IF W RK IS S PEN ED FOR A PERIOD OF 6 MONTHS. X ' c DATE SIGNATURE OR PERMITTEE OR AGENT IDING OFFI IAL LIM sp Luup Koad )pp R/w S 82'5330" E am owl D amw Tab Am iP*,* flow 5- o rem P& i i O rn O M w TRACT 4 N p O in O `n SWAN SURVEYING P.O. Box 987, Soldotna, Ak. 99669 CUNNINGHAM PARK AS— UIL1 Ewatow"dwaim . Pat• Pak ACT -A N C4 N bW O N BEA 'vER ,OOP S 82-53' Taub O 100, R/w E 30Z36 . Pr Poll PlelgaaN O sip \\ W TahN Ana TRACT NOTE : This survey is scP+ subject to any facts that may be disclosed by a fuU and accurate title Search. N "W E 245.74 KENAI RIVER ` Swan Surveying q Michael Swan R.L.S. P.O. Box 987 • Soldana. AK 99669 • 19071 262.1 O 1 �' (r �� • JN /a DAIf� SGIf J�_SO D•wN CNT 4 ''+ S r:r. �`• •�• •f• r. 1!t I Hoeby eertll y Ihel f bare per(orme • Morfpapes Intpecllon o/ IM lollowlny DISC/Ibed p/operfy /�SES�joE ��O .tom Located In the Aensl Rocordlnq District. Kensl, AK, end that too lmprW./oents slluated thereon an within sR •• ...'dlacl A. S'e�n ~ •' • Ilse pmperly fines and do not overlap or encroach on the proeerly lylnq adlscmf fllenro. lost no lmpLe► �•• lS c5 :^ :�� � manta on proparfv IYlnq Idj__f Ih_lp oncroech on the pronises In ouesnon and that man are no nod ways,Innsmlulo as or oth.r WSW* .apsa nts on u/d poperty except/ as Indic# led hereon. vc+/ 40` Pq AL des, Dated. Alaska This�day of ��1Z %Z'S►6`aS-AS BUILT _IP PRINTS T E L -a14- 00 3 Dec 010C,1 P.05 December 4,1997 City of Kenai Sara Cunningham Scott 210 Fidalgo Ave. Suite 200 2220 North 15th Street Kenai, Alaska Sheboygan, Wisconsin 99611-7794 53083-4649 Dear City of Kenai Council Members, I have been doing some research in our local courthouse, to make sure I get the dates as accurate as possible. Mr. Chris Garcia, who purchased the land immediately cast of the Cunningham Memorial Park, which Nvas donated tv your city by my aunt, Martha Esther (Sievers) Cunningham, said that in order for you to be satisfied that I am legitimately an heir, I should provide you with some of my family information. Therefore, let me introduce myself. My full, legal name is Sara Cunningham Scott. I was born in Sheboygan, Wisconsin, on July 20, 1946, to Bryan Morris Cunningham and Carita Clara Norma (Rabe) Cunningham. At birth my given name was simply Sara Cunningham, with no middle -:ame. On March 9, 1977,1 married William Otto Scott, here in Sheboygan. Our only child, Jacqueline Marie Scott, was born here, March 24, 1979. On April 1, 1993, 1 was divorced from William O. Scott, and legally took my maiden name as my middle name. I kept his surname for the sake of simplifying things for our child. My father, 13ryan Morris Cunningham and his brother, T-than Cunningham, were the children of James Robert Cunningham and Sarah (Moody) Cunningham. The brothers came to Sheboygan from their homestead farm in Penrose, Wyoming after the death of their mother and the re -marriage of their father, sometime in the late 1920's or very early 1930's. My parents were married February 20, 1943. My mother and Martha were best friends. My mother introduced Martha E. Sievers to Ethan Cunningham. They stood up at each others weddings. :'than had started the homestead, alone and after their marriage, Martha joined him in Alaska, on the Kenai Penninsula. Martha had an older brother, George F. E. Sievers, bom :^.ere, in Sheboygan, April 13, 1909, and a younger sister, Louise Flora Sievers, also born here. September 8, 1918. Martha was horn January 24,1916. They were the children of Hans Sievers and Louise E. (Wolters) Sievers, married here, May 6, 1908. George went into the U.S. Navy and was stationed in the east. lie met and married a lady named Virginia, who was from North Carolina. Since there are no records, mere, i cannot support this with documentatin, only memory. I knew her and my mom and .IF F�ira 't� i — 1�]—_fig—rri� _ Li�c _ ti h:a30.001 F.O� (2) I spent many a Christmas visit at their home. George F. E. Sievers died March 24, 1974, here, in Sheboygan. George F.E. Sievers and Virgina (?) Sievers had only one child, named after his paternal grandfather. Bans. He and I correspond several times a year, and I have kept him informed and up to date on these proceedings. Hans Sievers current address is: 953 E. Sahara, 45913, Las Vegas, Nevada 89104. He has no phone. Hans Sievers is the blood nephew of Martha Esther (Sievers) Cunningham. Louise Flora Sievers, Martha's only sister, married Orwood Schumacher, here in Sheboygan, January 1, 1942. They had two sons: ,lames 1). Schumacher, born May 14, 1943 and Theodore J. Schumacher, born March 1], 1948. "Teddy", died from injuries received in an autotnobile/bicycle accident, June 4, 1960, at age twelve. He was my good friend. James D. Schumacher is the only surviving child of Louise F. (Sievers, Schumacher ) Wieman. Louise divorced Orwood, and married "Butch" Wicman, June 16, 1969. Louise Flora (Sievers, Schumacher) Wieman died very suddenly, of a massive brain stroke, the day afler my daughter and I had visited her at her house trailer, May 14, 1987. James D. Schumacher is a blood nephew to Martha Esther (Sievers) Cunningham, the widow of Ethan Cunningham. Ethan Cunningham was murdered in Alaska, on the homestead, by a neighbor, sometime in late 1948 or early 1949. ( I was 3 years old when my dad and mom took me along, by car, to the Penrose Wyoming Cemetery, for my Uncle Ethan's funeral and burial.) My father, Bryan Morris Cunningham, died in a fatal car crash on a county road, west of Sheboygan, October 10, 1951. He was 41 years old. I was 5 years old. My mother, Carita Clara Norma (Rabe) Cunningham died in my home, Marclx 15, 1991, during a bout of flu. My Aunt Martha died here in Sheboygan, February 25,1973 from the complications of metastisized breast cancer. Hans, Jimmy and I are the survivors of the lineage of Ethan and Martha Cunningham. 1 have collected and recorded the document numbers for all of the birth certificates, marriage certificates, and death certificates for all of the above that are available in our Sheboygan Courthouse. The fees are quite substantial: 512.00 for some and $7.00 for others. It's not like when I was a kid and was able to get a copy of my birth certificate for $.25 ! Therefore, if more proof is needed as to my or our heirship, I would appreciate it if you would inform me. I am including a copy of the document numbers and the fee schedule, so that you can send for any supporting documents, directly. I will include a copy of MY birth certificate. _IP Pc' IhJTS "EL �- 14--�8-0�.=�.8 Dec (3) As for the information I have provided on Ethan and Bryan, most of the records are at the Geneology Library of the Mormon Church, in Salt Lake City, Utah. 1f you should need to pursue that further, I know that they have a World Wide Web site. I don't have the address at this time. The information I have given you is not available from our courthouse without first identifying ones self and providing proof of that identification, i.e., a picture 11) or driver's license, etc. 1 hope that 1 have supplied enough information to satisfy you that 1 am who T say I am: blood niece of Ethan Cunningham. When Mr. Garcia first contacted me by telephone, we talked at length so that I could develop an understanding of the situation relating to the encroachment of his building onto Cunningham Memorial Park grounds and the proposed solutions of possible land swap of 621 square feet, or outright purchase of same. I questioned ham about the location of lot lines and also corresponded with Mr. Cary R. Graves, for further information. 1 was sent a map showing some of the area in question, but not the entire plots, involved. Mr. Garcia and I spoke of this again and I got a better idea of the location of the boat landing in relation to the fence and his land. I think I have a good grasp of the layout and situation. When last I contacted my cousin, Hans, in Las Vegas,and he wrote back to me, he expressed the desire to resolve the issue in a manner consistent with what we believe to be Aunt "Mutsy's" (Our affectionate nickname for Aunt Martha) wishes. Mr. Garcia had told me that the fence had served as the eastern boundary for the park basically since it was built and that most folks had thought it WAS the eastern boundary, hence his encroachment. l le also informed me of the required 15' set -back rule. After discussing many aspects of the situation with hint, and getting an idea of a reasonable price of the land, along with the approximate dimensions of the parcels involved, I would like to submit two possible actions to resolve the issue: PROPOSAL 41. Make Mr. Garcia's west property line a line parallel to his current west property line, which would follow the 15' set -back rule. 'n, is new lot line would be drawn south from the north lot line at a point that it would intersect with a pouit 15' west of the northwest corner of his building atit's fur thcst encroachment and proceed southward until it intersected the existing fence. Al this point the fence, itself would become the new lotline, angling off to the southeast until it meets the south lot line. The land that is currently owned on the west side of the existing fence would become the Cunningham Memorial Park property, in exchange for allowing Mr. Garcia to purchase the parcel described above. According to the information supplied to me by Mr. Garcia, that parcel would be approximately -7IP PRINITS `EL-u14-a5 -GOQE :!ec 1� 16::'3 Pdn.C�Ul �'.'� (4) 5,150 square feet. The original estimated value, volunteered to me by Mr. Garcia, and also supplied to me by Mr. Graves, was approximately, $1.00/square foot. That's not a substantial amount, if we're talking 621 square feet, as in the city's original proposal. When it gets to be over 5,000 square feet, the price becomes a bit more significant. When it became apparent to Mr. Garcia that we would consider parting with more of the land than the 621 square feet, he began to question the value and price. We discussed it over the telepone on more than one occasion. fie was very co-operative in getting me the information i required and also "ith coming upwith a reasonable manner in which to estimate the land value per square foot. He told me that his land is valued at about $.66isquare foot and that the property across the road is at $.22/square foot. 1 didn't think an average was quite in order so 1 asked him if he felt that $.50/square foot was reasonable to him. He said yes, he thought so over the telephone. As far as 1 know, he has not changed his mind. So. this SALE OF PARK LAND, would be a one time thing, only and all of the proceeds are to be used for the maintainence and improvement of the CUNNING14AM MEMORIAL PARK. My aunt was a deccnL intelligent, reasonable person. I believe that this solution would most reflect her wishes. It would make the eastern boundary of the park a straight north -south line, intersecting a southeast line, which already exists, in the form of the fence. The land on the west side of the fence that currently belongs to Mr. Garcia woud simply become part of the park, unless the size of that piece is substantial enough to concern Mr. Garcia. I think at the price of $.50/square foot, he is getting a fair deal. PROPOSAL, #2. The price would remain at the same rate of $ .50/square foot, but the size of the parcel to be sold would increase substantially. ":-his proposal would use the existing fence as the eastern boundary of the CUNNINGHAM MEMORIAL PARK, with the land currently owned on the west side of the fence, by Mr. Garcia, becoming part of the park, when the new lot lines are drawn. The square footage involved, as reported to me by Mr. Garcia, is approximately 8,112. We have already given Mr. Garcia, our permission, as heirs to the Martha E. Cunningham Estate, to complete his building, pending the good faith settlement of this issue. I hope that the council is agreeable to one of our proposals. 1 am just a little uncomfortable selling all the land on the east side of the f'--ncc, but I have included that proposal, here, because it was one of the possible solutions Chris and I discussed. It is not the one we favor. r. _IP F=ihT'S T4:4- C _�c. .r.dr h�n.��C�. F.G_ (5) I will be sending a copy of this letter to Chris Garcia and my cousins. If there is anything more you require from us, please contact me, ASAP. I will do my best to take care of whatever I can. At the last contact Chris Garcia and I had, he said that there may be some surveying costs involved with the changing of the lot line and purchase of a parcel. I don't know what your regular proceedure is in a case like this, but when we spoke, I said that the fees could come out of the purchase price. I have since thought about it a little more, and I believe )t would be more fair to all concerned if the cost of any necessary surveying is shared by the purchaser and the city. The city's share could come out of the purchase price, depending on which proposal is acted upon. Please let me know what is decided. Chris also mentioned, briefly, that terms of some sort, for payment, inight be worked out. I think that is in the domain of whomever negotiates this for the City of Kenai, and Mr. Garcia. I ie seems to be a reasonable person. It is my hope that the city will treat him in a reasonable fashion. I arrived at Proposal it; 1., by taking into consideration what Chris was trying to accomplish, what the City of Kenai was trying to protect and preserve, namely the CUNNINGHAM MEMORIAL PARK, and what 1 believe my Aunt Marilta might have done to straighten this situation out, had she been alive to do so. it is my hope that 1 have been of some assisstance to you. My thinking was this, since the fence has served as the eastern boundary of the park all this time, keeping the lot line cast Of it will not truly diminish usable part of the park. Therefore, if we could straighten out the lot line as much as possible, we may avoid any future problems in describing the property, or in Chiris's case, in passing it on, sorn-dine in the future. Tbank you for your kind consideration and attention to this matter. Sincerely, Ms. Sara Cunningham Scott P.S. It is my intention to visit Kenai and Anchorage in the spring of `98 or `99, depending on what works for me. I will visit the park and also hope to meet some of you folks, then. Originally, my mom and dad were going to join Ethan and Martha, but Ethan was killed before plans could be finalized and then 1 was on the way and my dad wouldn't risk losing a child in what was pretty rough country, then. Because of that, I have always felt like a "transplanted" %Iaskan. ?IF PRIIJTS 7EL*I-414-'�3-00SL,,-2c I 15:40 G I P.1� P.P.S. December 1 l , 1997 1 had twen trying to get something in writing from James D. Schumacher, known to me since childhood, as Jimmy, ever since Chris contacted me. Today I went to his place of work and explained what is going on "up there", in Alaska. I le gave me a handwritten note, addressed to Mr. Garcia, to send along with this mailing, so that you will have on record a communication from each of the surviving heirs. Chris has a letter from I laps Sievers, which, I believe, he may have shown to the council, or given to you. This letter is my communication on the subject, so I think that you should have all the information you need to: 1. Allow Mr. Chris Garcia to complete his building, post haste., 2. Decide which of the proposals most satisfies all parties, including the heirs, Mr. Garcia and the City of Kenai, Alaska., and 3. Notify myself, Hans, and Jimmy, in writing of what is decided and how the situation is to be resolved. I am including a typewritten list of documents on file to verify any and All information that I have included in this letter. I am also including; a diagram of our families connections, so that what I have described is a little more understandable. I have also given sources for more documents, out of state, should you need them, In short, for someone who has nothing to gain, and one heck of a lot of time invested in trying to assisst in the resolution of this matter, I have done my best to identify myself, I lans and ,limmy, and prove who we arc. I hope that what 1 have supplied here is sufficient. 'Thank you for your attention and consideration. ENCLOSURES: (1) Document List, (2) Sara's Birth Certificate, (3) Sara's Marriage Certificate, (to verify name), (4) Copy of note from Jimmy, (5) Courthouse Fee List, (6) Diagram of Family 'free, and (7) Copy of last magi received from Chis Garcia, showing all of the park and his land. (q) ALSO, A Cad°' OF J4Cr,1ukv,✓k 11'/k (310<Rf C;EA71feW71, . (ro S N a 4 UNWIIV6114171 ZJA1,d�i.L•)(9) CuPtt 0,1 L-7 T4J1:, CV71 4 1 VW & C'G1�JSk7U ?' `1� ftkA rO �M N1 4- iN4 T 55�•,c. �� Mz 903�Kr CC)IOA6il,40 moonj yrt�tr1a c[IPA N'ok'iPh rlri& S r AF8,x1 G oky u Z �5>4�� C�rrtilN�,yRn� 1 %'/v k)q Gi k *Alu � tt. Z5. E?k-vpRS F� -I 14ACM,E. Sr-EYtXS r- I ,)o CH/cL1F A) r_7 R y,fry S crfU/�Nk�/Z Q�rxa!`� � December 11, 1997 C'UNN1NCiHAM. RABE, SIEVERS FAMILY Rl?C()KL)S BIRTH RECORDS: NAME PLACE JAMES ROBER'1' CUNNINGHAM ? WYOMING HANS I -I. J. SIEVERS SHEBOYGAN GEORGE F.E. SIEVERS SHEBOYGAN MARTHA E. SIEVERS SHEBOYGAN LOUISE F. SIEVERS SHEBOYGAN ETHAN CUNNINGHAM PFNROSE, WY RRYAN MORRIS CIINNINGI IAM " " CARITA CLARA NORMA RABE SHF.BOYGAN JAMES D. SCHUMACIIER •` HANS SIEVF,RS 1101: here SARA CUNNMGI IAM (SCOTT) SI- L130YGAN TRFODORE J.S. SCHIJMACHF..R " MARRIAGE RECORDS DA'11- VOL. PAGE *Ate 1800's not here 03/01 / 1882-----21 131 04/ i 3! 19,a9-----33 1049 01/24/ 19 16-----43 523 09109A 918----49 .318 sometime in 1908 04/ 14/ 1910 not 07/22/ 19 i 6 ? 05/14i l 943---- 105 sometime in 1943 07/20/ 1946----115 03/1 1/ 1948----120 HANS H.J. SIEVERS & LOUISE E WOLTERS, SI-l1✓I3. 05/06, i908------9 JAMES ROBERT CUNNINGHAM & SARAFI MOODY, ?, W Y C;r y 1900's GEORGE F.E. SIEVERS & VIRGINIA ". poss. N. Carolina carly t940's LTHAN CUNNTNGFIAM & MARTHA F. SIFVFRS ?, %VY early 1940's ORWOOD SCIIUMACHER & LOUISE F. SIEVERS SHEB 0 1 / I G. 1942----- 34 BRYAN MORRIS CUNNINGHAM & CARITA C.N. RABF,,SIIFR 02/20:11943----- 35 "BUI'CH" WIEMAN & LOUISE (SIEVERS,SC;HUMAC;HER) " 06/02 :969-----68 WILLIAM U. SCUFF & SARA CUNNINGI{AM SHEB. �FATI-I RECORDS. FTIIAN CUNNINGHAM KkNA1. AK BRYAN MORRIS CUNNINGHAM SI II-A0 YGAN, W1 THEODORE J. SCHIIMACI IFR MARTHA E. (SIFVFRS) CUNNiNGUANI " GEORGE F.E. SIFVFRS LOIIISE F (SIFVFIZS, S(7MJMACIiL-'R) WIEMAN " CARITA C. N (RAGE) C1INNING I[AM here 578 36 440 437 448 267 215 470 late 1948 or early 1949 10/0&` 1951-----59 06104=1960----- 75 02!25.` 1 1) 73-----99 03!24' 1974---- I Q 1 05/ 14 ' 1987----121 03/ 15. 1991---- 128 618 229 248 l22 454 261 SCF-0854 Register of Deeds FEE SCHEDULE Sheboygan County Wisconsin DARLENE J. NAViS Register of Deeds Sheboygan County Courthouse 615 North 6th Street Sheboygan, Wisconsin 53081 PHONE (920) 459-3023 1996-1997 ,,vcrt-iber 1, 1996 - October 31, 1997 sendor•) Copies of filed documents are $2.00 for the first page and $1.00 for eacr, additional page per document. A fee of 250 per document is added if certification is requested. Federal Tax Liens and Releases $10.00. REAL ESTATE TRANSFER FEES 1. A transfer form and fee or exemption number is required forall conveyances EXCEPTwhen exemptions 1, 2r, 4 or 11 apply. 2. Form is to be completed in DETAIL. 3. Current rate of fee is 30c per $100 or $3.00 per $1000 of value rcunded off to the next higher hundred. a. Deeds in fulfillment ofa land contract dated prior to 12117/71 require no fee. b. Deeds in fulfillment of a land contract dated 12/17.71 to 8/31/81 inclusive are computed at 10c per $100 or $1.00 per $1000 of value rourdea o`f to the next higher hundred. c. Conveyances dated 9/1/81 or thereafter are computed at 3CC per $100 or $3.00 per $1000 of value rcur.ded off to the next higher hundred. 4. VALUATION MUST BE SHOWN when document is exempt by Stats. 77.25(8). 5, Both Grantor and Grantee OR their agent MUST sign form. Social Securay or FEIN _jaua.bers of both are required. VITAL RECORDS PRE -PAYABLE FEE SCHEDULE Birth Certificates Cost S12.00 forthe first copy and $2.00 for each additional c:,py per request. Death Certificates and Marriage Certificates cost $7.00 for the first copy and e2 00 for each additional ropy per request. Pre -Payable Search Fee or Verification Fee is $7.00 per record per reauest. Fees are govemed by Wiscors:n Statutes and are uniform throughout the s'a:e. �h�ac,K TOM- 1 c K N- W 14A H pt, r TUC sr tw 4'*,`O k 1014 ��►,p LAI - "n- le ow. IT'5 14A' LLD W(rrK Krc,itr ANC vlegu- �Ava. STOPFA1>. I NAv2 t46 RP"ult wITo cWI-L, G,jh', Z-vGk c%'vr. TW"., CAgDY. Olq WvL L• l 244 s sWAI s A 7�- V -5-,Pt- Al..0 4 Aj 14,41,, lam/ / �i✓ _ 9 �-0 **-,''76 -31Gz-, _ Y• �_'�s�elcv I�Y�GYY� m m C) M m� � Dn n r- IlQ� �> O � n� Fem -.V• I Z&-411--;rTSK WISCONSIN STATE BOARD OF, HEALTH a � z ""C GOY Certificate of B(Irrff ju�$u of vital St&"es 0 I. t I.wr Or BIRTBr — --- Leeal Re6lstraYs Na� � � 0 � --nn -4 z USOAL tta3lml.aCM or W&M-MRa -U ~ 51 � (d) County -< to (J) �� - - - - (a) State xllmat� (b) Tow as§lp _------. (h) Cwotr_ _ 1 i 0- ----------------------(1) or $ (e) It Rural aloe Township (not C ' p D Cltr yr de Cjt ---_Qij ------- post otnce)--_-____ itf outside clb or vlltate Nmih give townehip) r 't = --- -------------------- - -- (cl `lame lL HIfS a] Qt �la1 Now 4 �U5 ism _—y o_r tncUtvticn -_--, : -- pV t� or O O — -- - _ _ -- City Or YlUage _—_-- ---- ip M -< D ' - 1-7 i.r, OMMIUSUM MO f D O i FrL7. �Al[Y OF CH[LD C)Q Z (7 i. ?win Ot f •� ---- 0 `l , 4- Sex O (- trlp)et let tad Brd 6. vat of D = C i Hlrtb r-D Z f FA I $ER VF CBrI D -- �o �' Year - 1tATitMR OR cmiti'D > < � lruli name — lt. Full maldeu name C� : R ' S. Color or race_ ` _ g -----_ -- ti � -- tge at time of this bl."'AN-yrs. 14. Cotor or rape_ =q U T lQ, i:�ntwlncx .�.,...,�e'�� - 16. Aga at time of tJis MKh�_Tra C+� j 0 0 (Cl, r, Werno_ r wen -) - 16. tfirtIIplaoe _ -��� X0 D I O O T (`staeorfo country) "'---- � - ((1[y, t"We orcoaflt� tew --- ---- % U U. lfnual ��ur:uhalloo coantry� Ntn 3i (n (- t/ar•�� , -- Z 1'. lists oocttpaUon ►m r . li fadeatry or business 0um r-—_--_F "----'-------- r Z : It, tadueery or businesscy,m' O 1P. ?plat children born to thin mo:hcr __ II ~—_--- -- L 0 O (Include thin birth) 1 Y0. ltot]>er'x lmallfaa address (tor rrestratton aOtlae): fa) flow many ocher chfidrett of till, mother axis nos, living?� Street or R (/! 2 K T Rt. _-23i�-Talflt_��'1li_ (� D Fri (Di1{ow[nanyother <h[tdrenweretnunallreI-atareno- dmv0 (J < C tc) IIow many drltdren were born dead?__-_-- -----� Pvst Owep �- U) - - * ----- -I I hereby rertlty that I attended this birth of this child who wax bmra alive at the hour oL �JyQ�m ------ - ---- z in Lip on the date a7rova U7 io stated and that, the information given was furalsbed !'/a - 1 N 0 e to U48 cut &A—Manw— Date received by local re¢tstrar---T+ _ Attendant's own alsnatnre _[rrC]aYfii_f!�_C1 - ----- T _ pp ------- m 0 m r Rct;7s:rat' own SlgnatntY a_ �i_�} d 1 ---- Address —_ _ _ �t m � r :4. Date on wh(eft given name added-_—_ � _�__.-_- C? - - -bT-- — -- L. D., t7 - --.— ._ ------------ Pate signed R-0rtrar� A rn _.CZ c , _ . • s i c a, Y, A 7. 7[ f r x e A -a ) e. s r. x t. .S .T' A �)[ 'i.' JC a - if 'x X- X- W" 1 0 x-r s .i, c ---- 3G!•, RC. - 'U OIVISIOIII OF HEAUN CERTIFICAT'c OF MARRIAGE S'A'E KJ ._. FCLIAL S1:j�1-, NO `. a i'+illia�n Otto Scott ---- — 393-38-8484 ►lwT4FFE51UEnC`.�TAq -- �OUra—E - - --- -- - — ,n� �"iuLAGF �- -- C]'Owv>n:P = "-- - ..,•, o-•-r o 2. if iscona in ,D Sheboygan _ I:, ID (3 •• 1326-^ Michigan Avenue, SheboyganOf _ .. ----- Act 0 of .IR1F Msrona in June 21, 1941 35 + FATNEIINAAIE SEAT BItT+M ,- a ' V•OTNFR fA/t10EN NAMF s -- S;wl_Of 91R�Y 5,, wMi.aa T. Scott _._ .."_� 56. Mrl�coaeiel Aq Zretae B. Hamerschold�;"iaconain " on !O"CE-NA,aE ^ •• r•T• w10EN HAMS ro-•NN•• RV Al siv_.Mr- YO. • �- Sara Cunningham i D ,<399-44-2944 (_ :B ik.,Uf'IICf 5"ATF c Wisconsin -- - - -- COUv"Y ��KCI'V� � v.IIAFE Sheboygan �-!)W`ISW ++:. •-<• - _ - �. I She_b�n 10 vw.i,•: DATA .�OIRIy � - - - .-.-.... .... AS° ^i lIR:Y 6. 2220 Borth 1Sth Street Sheba Sheboygan . wiaaonsin 1j f ATkkEP-NAMk �.vlplHE14"1JEN Julp 20, 2946 30 S'A;f Ot •N NAME - - - _ '.Bryan M. cunningbem {des 1I,.Wy0wfty );, Chita c. Rabe 1^D vrisconsin G.90M 51GFtAi U7E DA TF S'f�V ED / Rt L7F S' w.'uaE __ --. • _ DA'C 51GNED ��� 13. V •-•��R^� 13D��� la 11` ' �f �f7�R • T�� 14 22� S ra* Mseonsin 1. 9Wj. � W S1">.._ Oc_ _z _ _ <T9TIFv TM AI 'N_ ♦401S Nt.AKC G\q +ANC g(,17E WARE O'I Yl I:N IT CIN MAPSIAGE AS A11`Y JQI TEG t'• A zllgl A(s'- Ii�INSE115.imn Roland Schoare �f iflr F()q'.NAT AI 't.('5:- 9Y - -- tw MARtIAGkl:t V�I YI N.f:r(__- 844 :i:l:)f:F OAIkO MAt4•��.k l"::NS(_-. morch 5 AL _ 77 , = M'-(v(.•Ey-IAI$ ARf-I!f„I-'..I (:1"';l �: -:E- (:F lIR(t:l• ��_•wT � 4 �- •iA.: .. . ..AR{IA�: �_ - - - --__ --�. - __ __ _...--�_.. '. �l •r--. 11AT" ()f •A.�r :'v y I s.v Zi t•a ....+ V `k Oat C AXERMS ISM-••AJ W11l� -ll !) FI „•� ,9 a ll t SIGiV7 C _--�f-�- i. 15A .l 'ISe 3..—_q.._1 W T- A -R> V: AJU:- M'1!V' < •A' >F "aCS N? A? TF. VA(+{IA�N 'N. At' )•t AAVL� GF..,).5A AND { I t AS >t �, .If RF-C_L'CST _ARJ _'A OBUAAA"CN� T-IAI ir[T )O(-M,(A,_H :;•y:E• CM AV�'MIFF Itl LJ •_ .. IL \ Ev: r-l. .�A • - -s IT S;' S NAIr 16c. r. / ( y—ICt:O'IV P14% 44. <-.• • .+..w. ......1 .LA-a:OrFIU •, '� VD - �OV- OKNTIAI IV>:vM�1A':ljH' RACi '^.� ,Ic', _. _ NUMS!'01 (>f I-5 MAW ,l IAS- MAREIAGf ENCSC JV DAiE A„T 11A ?k1AC1: l`I--C n, White__�rfl -_ :._. Q... U... — ! July 1972 I:SVwI OC;U►AT'C:V _ K1N0 Ui 01:5'AE 51 VQ Ift JUllw+ — I'A'AS G!()^M ES'Ft IV it S. A/MED FLY(f S-- )lo Disabled 1,D. O W'JA. 4_CVaA'I� r� --__- - - - - —_. _. _. "NO Of 61:S1Af5S Oi k• IV :r1. S• - El -_ wA5 PR C= •-R IN i. �!I!EJ ('W_f $% '• '-•_` - 50. )lions 5d 1 'p I << , C200MS COPY h•m/nem Black ..,.. -..• . -e S'. F �« Df=ak1MErv- «fc,TI-ANC SOC;a_ScRv-ES are•,+,, u ORIGINAL CERTIFICATE OF LIVE BIRTH 148_ r Y m. - La"t T fw rr I S,�"^ j,__. i t•:2''C 1 �, —j'C S:OgV" OE (Y Tf ON -.s. AT I•s _ �_ /! J1. /�9 `?LE.��nt ..�a •� T_�t~. o�^f.r«.a cr.-.•.0 -531 Z/. 7 fi� :.00...•L:ly , `•• .�.. - �.. A 09 1979 w ram., $TwT'E (rf SIX 7M i.•.,•. C .wl /,pe •.--S, u..�. V� -c. disco -sin a K7i-•Er1S4w1�-�r4 - , :Tall i -:vqN.fiEu.rU..••L,Y....•R....-,,.,-.«„i let •-.7 I� _scorn,- S :ebcyga :, r:isccnsin 53081 �`_,. S.�r.^UPC -._.<n•U. G•..[^_.. _.-a �/tl/J/�-���'�— f�aw':'_`.1 �:1 r.. -�— STATE OF hISCOKSIK) SHMOTGAk COUNTY } RWISTERVS QFFICE 1 I, Harold F. Eiecker, sa Register of Deeda in and for id County and State/ do hereby certify that this photograph is,a true copy cf the non -confidential portion of the record of a certain certificate recorded in thta office in volume�o-(c of / a � day of 7IA: ! 7 r °n Page_ L _on the fitness ay na an a ai-aeAI t' bi day of ]j A.D. 1gg1 t FAr BheCo rgar. Cojnef, egister o eeas t •iscoAsin r r 3 - vkx k 06/) 3023. ,CI9 5 i t. 1 j o sign Eo*aw: T" Am �0f TCP OF SXPE • PW Pow rkwesp � * I..- /L/A-W ke r• kOT 4 JN4 i V= FR WE Mow du�tr�s #I- • ,� c c T ,CijtJ, I5'S� T,0+4cK To N�1 /�i� Fh; k, JrIkS MEW v'r��NaS T E a Poo r vo iiVrhesZrrI04) w S TR A C 0 4 THEs !Akex& To ($VC1f7- NOTE : This s sub to on) that may be by n fir11 n�rr Z1P PF I, -._. DEL 11-u�8-u088 7ec : - , 97 1 No . uC I F . I. i i Pr iiits A,0"00 S"boYqgr, vVnco�s n i S08 i STATEMENT DESCRIPTION At Ems ONE I "pfAz vnuya ut 1.5% Yt added io all Lwofoa. no+ 1wad within 30 days PAYMENTS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: December 17, 1997 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT FOR RATIFICATION HOMER ELEC ASSN INC ELECTRICAL USAGE VARIOUS UTILITIES $23,095.19 PERS NOVEMBER PERS VARIOUS LIABILITY $39,267.91 VASEY ENGINEERING STP DISINFECTION PROJECT STP DISINFECT. ENGINEERING $4,175.78 BROWN AGENCY WORKER'S COMP, WORKER'S COMP. INSURANCE $9,060.00 P.T.I. PHONE USAGE VARIOUS COMMUNICATIONS $3,894.85 NORCAL MUTUAL KFD EMTS INSURANCE NON -DEPART. INSURANCE $5,748.00 NORTHERN GEOPHYSICAL REIMBURSE. BALANCE OF DOCK DEPOSITS $4,702.60 FUEL DEPOSIT AURORA GAS GAS USAGE VARIOUS UTILITIES $7,291.23 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. DAIN BOSWORTH FNMA -US GOVT. SECURITY 9/1/98 1,001,875.00 5.81 % PURCHASE ORDERS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: 17-Dec-97 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT KENAI AIRPORT FUEL TODALY UNLIMITED HOMER ELEC. ASSN. JAN-JUNE GASOLINE SHOP JAN-JUNE CUSTODIAL NON-DEPT SERVICES FOR CITY HALL OPERATING SUPPLIES REPAIR AND MAIN. NEW STREET LIGHTS: STREET LIGHTS IMPROV O1T BLDGS ALIAK-MCCOLLUM WILDROSE-IOWA PONDEROSA -PINE SET NET-BOWPICKER 20, 000.00 8,100.00 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1766-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE CURRENT KENAI MUNICIPAL CODE LAND USE TABLE (KMC 14.20) AND ITS FOOTNOTES WITH THE NEW LAND USE TABLE AND FOOTNOTES (SEE EXHIBIT "A" ATTACHED). WHEREAS, the Planning and Zoning Commission has determined that the Land Use Table was unclear and that all uses allowed and not allowed should be specifically noted in the Land Use Table, and WHEREAS, the Planning and Zoning Commission has determined that some uses should not be allowed in some zones and a designation of "N" ("Not Permitted") should be added to the Land Use Table; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that the Land Use Table (KMC 14.20) and footnotes be replaced with Exhibit "A" attached. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 7`h day of January, 1998. John J. Williams, 1Iayor ATTEST: Carol L. Freas, City Clerk Introduced: December 17, 1997 Adopted: January 7, 1998 Effective: February 7, 1998 December 2, 1997 (sp) CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ97-49 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14.20 KENAI ZONING CODE, LAND USE TABLE WITH FOOTNOTES. WHEREAS, the Planning and Zoning Commission determined that the Land Use Table was unclear and that all uses allowed and not allowed should be specifically noted in the Land Use Table; and WHEREAS, the Planning and Zoning Commission determined that some uses should not be allowed in some zones and a designation "N" "Not Permitted" should be added to the Land Use Table; and WHEREAS, the Planning and Zoning Commission held numerous work sessions as well as a joint work session with City Council on October 8, 1997; and WHEREAS, the City of Kenai Planning and Zoning Commission held a public hearing on November 26, 1997; NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDS THAT THE KENAI CITY COUNCIL AMEND KMC TITLE 14.20 KENAI ZONING CODE, LAND USE TABLE WITH FOOTNOTES. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 26" day of November, 1997. ATTEST: Planning Secretary CHAIRPERSON Memorandum Date: 12/04/97 To: Richard A. Ross, City Manager From: Marilyn Kebschull, Administrative Assistant RE: ORDINANCE NO. 1766-97—LAND USE TABLE The Planning and Zoning Commission held a public hearing on November 26, 1997 on the Land Use Table and Footnotes. The Commission voted to make three changes to the Table. Those changes are as follows: • RR1—Ind ustrial—Manufacturing/Fabricating/Assembly/Storag e— Footnote 19 removed. • RS—Industral—Manufacturing/Fabricating/Assembly/Storage—Footnote 19 removed. • RS—Industrial—Warehouses—Footnote 19 removed. The remainder of the Table denotes the changes agreed upon by Council and the Planning and Zoning Commission during the work session on October 8, 1997. LAND USE TABLE KEY. ? = Prmdpai Perrmned Use VOTE. Reference roomoles = Condwonal Use on robcwine pages for S = Semalary Use addino= resmcuoru. N = Na Perrruned Table 1 of 3 ZONING DISTRICTS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH R TSH RESIDENTIAL One Family Dwelling C'" P P P P P P S SI S2 S2 P P TWO/Three Family Dwelling C1s P P P P P P S SI C C P P Four Family Dwelling Cls P C3 P N N P S S1 C C C P Five/Six Family Dwelling cis C' N P N N P S SI C C C P Seven or More Family Dwelling CI" C3 N C3 P Townhouses ' cis C C C C C C C C C C C C Mobile Home Parks s N C C C C C C C C C C C N Planned Unit Residential Development' C'" C C C C C C C C C C C C COMMERCIAL Automotive Sales N C Ct9 N N N C P P P P N N Automotive Service Stations N C C19 N N N C P P P P C N Banks N C C19 C N N C P P P C C C Business/Consumer Services N C C19 C N N C P P P C C C Hotels/Motels N C C19 C N N C P P P C C P Professional Offices N C C19 C N N P P P P P C P Restaurants N C C19 C N N C P P P C C C Reta 'NVholesale Business N C C19 C N N C P P P P C C Theaters/ Commercial Recreation N C C19 C jN N C P P C C P C 14-65 CIT"-' OF KENAI LAND USE TABLE KEY P = Pnncipai Permmed Use COTE: Reference toomotes = Conditional Use )n foilowme pages for S = Secondary Use additional resvrcuons. N = Not Perrrutred Tabk 2 of 3 ZONING DISTRICTS LAND USES C I RR I RR1 RS RS1 RSZ RU CC ( CG IL III R I TS] INDUSTRIAL Airports and Related Uses P+ C I C19 C19 N N I C I P I P P P C N Automotive Repairi Tire Recapping/ Rebuilding N I C C19 09 N N C P P P P N N Gas Manufacture/ Storage N N C19 C19 N N N N N C9 C9 N N Manufacturing/ Fabricating) Assembly/Storage N I C C C N N C C P P P C C Warehouses N C C11 C N N C C P9 P P C N PUBLIC/ INSTITUTIONAL Charitable Institutions C I C C C C C P P P P P C P Churches C i pro pro p10 p10 p10 pis p,o p10 C C PI P Clinics C I C C C C C C P P P C C C Colleges C C C C C C C P P C C C C Elementary Schools C C C C C C C P P C C C C Governmental Buildings C C i C C C C C P P P C C C High Schools C C C C C C C I P P C C C C Hospitals C I C C C C C C P P P C C C Libraries C C C C C C I i C12 P P P C C P Museums C C C C C C C P P P C C P Parks and Recreation P S S S S S S + P I P S S P P Sanitariums C' C C C C C C C C C C C C 14-66 CITY OF KENAI LAND USE TABLE KEY: P = Pnncipai Pe.7maea Use "ME: Referrnce iootnotes C = Condiuo= Use m followtne pages for S = Secortdary Use alitional restncnoru. N = Not Perrmned Table 3 of 3 ZONING DISTRICTS LAND USES C RR RRI RS RS1 RS2 Rti CC CG kL III I R TSH MISCELLANEOUS Animal Boarding t} C C C C C N N C C C C C N Bed & Breakfasts C C C C C C I C C C C C C C Cabin Rentals C C C C N N N P P P C C P Cemeteries C C C C N N N C C C C C C Crematories N C N C N N C C C C C C C Day Care Centers '= C C I C C C C C C C C C I C C Dormitories/ Boarding Houses C C C C C C P St S C P C C Essential Services P P P P P P P P P P P P P Farming/Gardening/ General Agriculture P P i P P P P P I P P P C P P Greenhouses/Tree Nurseries " C C C C C C C P P P C C C Assemblages is (Large: Circuses. Fairs. etc.) C C C C C C C i Pu Pis pis pis C P Lodges/Fraternal Organizations N C C C C C C P P P C C P Nursing, Convalescent or Rest Homes N C i C C C C C P P C C C C Parking, Off -Street P P P P P P P P P P P P P Parking, Public Lots tZ C I C C C C C C C C C C I C C Private Clubs N I C C C C C C P P C C S C Radio/TV Transmitters/ Cell Sites P P i C C C C C P P P P I C C Recreational Vehicle Parks C C C C N N C C C C C I C C Social Halls N C j C C C C C P P C C C C Subsurface Ext- raction of Natural Resources 16 C C C i C C C C C C C C C N Surface Extraction of Natural Resources " C C C C N N C C C C C C Union Halls C C C C C C P P P C C C 14-67 CITY OF KENAI FOOTNOTES (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One single-family residence per parcel, which is pan of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone, (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations: (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values: (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages. storage spaces, and recreational and community activities: (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed: (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. S46-11/13/87 14-68 CITY OF KENAI (10) Provided that no part of any building is located nearer than thirty (30) feet to anv adjoining street or property line. (11) Allowed as a conditional use, provided that no pan of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks. buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. (19) Allowed as a conditional use, provided that ingress and egress from the property is from the Kenai Spur Highway. S46-11/13/87 14-69 CITY OF KENAI Suggested by: Planning & Zoning Com CITY OF KENAI ORDINANCE NO. 1767-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI MUNICIPAL CODE 14.20.160(b)(6)[A] TO SPECIFY ALLOWED BUILDING COVERAGE OF LOTS FOR TOWNHOUSES IN ALL CITY ZONES. WHEREAS, townhouses are allowed on certain lots by conditional use permit as set out in the Land Use Table of the Kenai Municipal Code; and WHEREAS, the Kenai Municipal Code currently addresses the allowed total building coverage of townhouses ONLY on lots in RR, RS and RU zones; and WHEREAS, the Land Use Table allows townhouses by conditional use permit in all city zones; and WHEREAS, the Kenai Municipal Code needs to address the allowed total building coverage of townhouses on lots in all city zones in order to be clear and consistent, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC 14.20.160(b)(6)[A] be amended to read: [A] [THE TOTAL BUILDING COVERAGE SHALL NOT EXCEED THIRTY PERCENT (30%) OF THE LOT AREA IN THE RR AND RS ZONES AND FORTY PERCENT (40%) OF THE LOT AREA IN THE RU ZONE;] The total building coverage in the R. RR. RR1. RS.- RS1. RS2 RU, and TSH zones shall be determined by the Development Requirements Table of the KMC Title 14 The total building coverage in the IL, III, CC, and CG zones shall be determined by the Uniform Building Code as adopted by KMC 4.05.010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 17`h day of December, 1997. John J. Williams, 'Mayor ATTEST: Carol L. Freas, City Clerk Introduced: December 17, 1997 Adopted: January 7, 1998 Effective: February 7, 1998 December 2, 1997 (sp) CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ97-54 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE. KENAI ZONING CODE, TITLE 14.20.160, TOWNHOUSES (b)(6)[A]. WHEREAS, the Planning and Zoning Commission determined that section 14.20.160 (b) (6) [A] did not specify building coverage of the lot area for all zones in the city; and WHEREAS, the Planning and Zoning Commission determined that the Development Requirements Table specifies building coverage for all residential zones in the city; and WHEREAS, the 1997 Uniform Building Code determines lot coverage for commercial and industrial zones in the city; and WHEREAS, the Planning and Zoning Commission determined that the code should be amended to include all zones in the city; and WHEREAS, the City of Kenai Planning and Zoning Commission held a public hearing on November 26, 1997; NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDS THAT THE KENAI CITY COUNCIL AMEND KMC 14.20.160 (b)(6)[A] to read: (A) [THE TOTAL BUILDING COVERAGE SHALL NOT EXCEED THIRTY PERCENT (30%) OF THE LOT AREA IN THE RR AND RS ZONES AND FORTY PERCENT (40%) OF THE LOT AREA IN THE RU ZONE;] The total building coverage in the R, RR, RR1, RS, RS1 RS2 RU and TSH zones shall be determined by the Development Requirements Table of the KMC Title 14 The total building coverage in the IL, IH, CC, and CG zones shall be determined by the Uniform Building Code as adopted by KMC 4.05 010 PASSED by the Planning and Zoning Commission of the City cf Kenai, Alaska this 26th day of November, 1997. ATTEST: Planning Secretary CHAIRPERSON DEVELOPMENT REQUIREMENTS TABLE Page 2 of 2 �!^l'" i •i. t�� ." 'F.• ?: `i y `�`F". IP'1r i 't N V ' °P � `"�?»�i.'f• v; i s .il. ZONING OMMI 1..TJ ai€t ��� � �riUSBSft a?It #� 'd Rlt� 1•� VltRt ; ,i r:4,RS¢z +:' ��3RS14�"fi< RS2 RU'/TS8 k IL:'. IH CC ,CQ R 3( TABD .;li•'"+lA}'(feet)1"�' Print 25 25 25 25 25 10 25 25 See individual Side 15 15 5 1 5 r 5 1 5 z 15 sections of Code for die 15 requirements Rear 20 20 20 r7:j20 20 10 2 20 20 30% MAXIMUM<I.Q1' C'OVERAGB '1 g` ` 30% 30% 30% 30% 30% 40% --- r MAXIMUM MOW (in fort) :'P :'„ ' 35 35 35 s 35 35 I Foh structures with a daylight basement, the minimum side yard shall be ten (10) fat, and for structures two or more Bill stories in height tie side yard shall be 15 fat. For 'daylight the floor is 30 or mots inches below grade; and a structure where the ground floor is less than 30 inches the ptuposc+ below grade, of this table only, a basement' shall mean a structure where ground as set out atwve, shall be considered a full story. 2 Except that for each story over two stories, each side and rear yard shall be increased three feet, but need not exceed 14 feet for each side yard and 19 feet for the rear yard. CITY OF KENAI S56-07/26/91 14-71 Suggested by: Planning & Zoning Comm - CITY OF KENAI ORDINANCE NO. 1768-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR CERTAIN LANDS DESCRIBED AS TRACT 1A, PARSON'S HOMESTEAD SUBDIVISION NO. 3, T06N, R11W, SECTION 30, LOCATED WITHIN THE CITY OF KENAI, KENAI RECORDING DISTRICT, KENAI PENINSULA BOROUGH, ALASKA, FROM RURAL RESIDENTIAL (RR) TO SUBURBAN RESIDENTIAL (RS). WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and, WHEREAS, the Official City of Kenai Zoning Map depicts these lands as Rural Residential (RR); and, WHEREAS, the City of Kenai land Use Plan designation for this area is Undeveloped/Medium Density Residential; and, WHEREAS, the Official City of Kenai Zoning Map depicts adjacent lands as Rural Residential (RR) and Suburban Residential (RS); and, WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on December 10, 1997 and as a result of that public hearing, recommend approval of the proposed amendment to the Suburban Residential (RS) zoning designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: Subject properties consisting of those lands depicted in Exhibit A. Tract IA, Parson's Homestead Subdivision No. 3, T06N, R11W, Section 30, located within the City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska, are hereby amended to Suburban Residential (RS). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 1998. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduction: December 17, 1997 Adopted: January 7, 1998 Effective: February 7, 1998 STAFF REPORT To: Planning & Zoning Commission Date: November 25, 1997 GENERAL INFORMATION Applicant: Clint D. Hall 1212 First Avenue Kenai, AK 99611 Prepared By: JL/mk Res: PZ97-55 Requested Action: Rezone - Rural Residential (RR) to Suburban Residential (IRS) Legal Description: Tract 1 A, Parson's Homestead #3 Existing Zoning: Rural Residential (RR) Current Land Use: Undeveloped/Low Density Residential ANALYSIS City Engineer: The applicant wishes to rezone an undeveloped parcel from Rural Residential (RR) to Suburban Residential (RS) to allow an economically viable subdivision. The City Land Use Plan designation is medium density residential, consistent with the IRS zone and adjacent subdivision (Inlet Woods Subdivision). Building Official: No building code issues. Administration: Mr. Hall has applied for this rezone with the permission of the estate who currently controls ownership of this parcel. A copy of this authorization is attached. RECOMMENDATIONS This proposal appears to be consistent with the KMC and City Land Use Plan. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ97-55 2. Application 3. Location Map 4. Authorization CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ97-55 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: CLINT D. HALL LEGAL: TRACT 1 A, PARSON'S HOMESTEAD #3 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned RURAL RESIDENTIAL (RR) 2. The present land use plan designation is Medium Density Residential 3. The proposed zoning district is SUBURBAN RESIDENTIAL (RS) 4. An appropriate public hearing as required was conducted December 10, 1997 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of TRACT 1 A, PARSONS HOMESTEAD #3 is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 10 , 1997. T CHAIRPERSON ATTEST: Planning Secretary R.: d 1-, 7 CITY OF KENAI `► Off(. Cr,.� 4 T^f 1caj*6.a 11 210 FIDALGO AVE-. SUITE 200 KENAI, ALASKA 99611-771 TELEPHONE 907-283-753S FAX 907-283.3014 Ewo" ,rw.e cn REZONING APPLICATION 'ETC ADDRESS ' Od- 1 a �; ��e PRONE ' LEGALr. DESCRIPTIO\ -+ 3 PRESENT ZONE PROPOSED ZONE Ir tended [;se -/or Reason for Rezoning: Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE RM;aD THE FOLLOWING, COMPLETE THE BLANKS AND I TTTAL THE SPACE AFTER -HE ITEM NUMBER T INDICATE THAT YOU HAVE READ AND UNDERSTAND TRES' CONDI T IONS . 1. ZAmendwents to the Kenai Zoning Code and official Map may be initiated by petition by a major_ of the property owners in the area to be rezoned; or, a petition bearing the signatures of f ifty (50) registere4 voters within the City cf Kenai to amend the ordinance text; or, submissicn of a petition as provided by the Hoare_'Rule Charter of the City of Kenai. NGV :7 ' 3? 01:04PM : -T KEH;I :07 Z33 3014 P. 211,14 Rezoning Application Page 2 2. ��� 7 /� Amendments to the Official Zonina Map shall be considered only is the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. 3.� A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/ advertising and administrative services fee is required to cover these notification. costs. 4. ` % �1 A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. Petitioner's Signature, ATTEST: REZONING CHECKLIST: a. MAP b. SIGNATURES C. DEPOSITIADVERTISING FEE ($1:5) d. APPLICATION FORM OR LETTER CHAIRPERSON r �� �'�'�?`- ° �'� x �, � �'." s � f �='`tip . ._ • �:��.,� i Suggested by: Administratio__ City of Kenai ORDINANCE NO. 1769-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING AN ALASKA HIGHWAY SAFETY PLANNING GRANT OF $8,016.40 IN THE GENERAL FUND. WHEREAS, the Citv has received a grant of $8,016.40 from the Alaska Highway Safety Planning Agency; and WHEREAS, the grant provides for increased traffic enforcement by paying for officer overtime; and WHEREAS, matching funds of $3,435.60 needed for the grant are available in the Police Department overtime budget; and WHEREAS, the City utilized a similar grant last year with good success in the areas of injury accident reduction, DWI arrests, traffic enforcement contacts, and seat belt use. 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 Grants $8,016.40 Increase Appropriations: Police Department - Overtime $7 776.40 Police Department - PERS 240.00 $8,016.40 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1998. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: December 17, 1997 Adopted: January 7, 1998 Effective: January 7, 1998 Approved by Finance: (12/ 12/97) kl CITY OF KENAf' ,� 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 IrylAhri w��a�nar 1III�� 1992 MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: December 11, 1997 RE: COMMISSION/COMMITTEE/BOARD REAPPOINTMENTS The following have acknowledged they would like to be reappointed for an additional three-year term to their respective commission, committee or board: Ronald H. Holloway, Airport Commission James L. Bielfeld, Airport Commission Henry H. Knackstedt, Airport Commission Michael Huhndorf, Historic District Board Marilyn Dimmick, Beautification Committee Carl Glick, Planning & Zoning Commission Kathy Heus, Library Commission Lorrene Forbes, Library Commission Arlene Enfield, Council on Aging Betty Nelson, Council on Aging Sam Huddleston, Council on Aging Barry Eldridge, Harbor Commission Barb Nord, Beautification Committee Kelly Gifford, Parks & Recreation Commission Jack Castimore, Parks & Recreation Commission Those who have not responded or committed to date are: Phil Bryson, Planning & Zoning Commission (waiting for communication from APOC before committing) Mr. McCubbins has requested to be replaced on the Harbor Commission. Applications on file are attached. To: City of Kenai We the undersigned residents of the City of Kenai respectfully request a street lamp at the intersection of McCollum Dr. and Aliak St. It is black dark and dangerous.. U iYl ��-&v »- �Z�77 XA Q /ems / IVA /7 /� CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 9%11-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 Memorandum TO: Richard Ross, City Manager 0`-- FROM: Keith Kornelis, Director of Public Works DATE: December 10, 1997 SUBJECT: New Street Lights As you requested, I sent the new street light list and HEA costs to the Police and Fire Departments last month to prioritize the top four. The results are as follows: Police Department UT 5. Aliak & McCollum $2,400 6. Wildrose & Iowa (Thompson Park) 2,200 7. Ponderosa & Pine (Silver Pines) 2,200 8• Set Net & Bowpicker (VIP) 2,200 $9, 000 Fire Department ID# 12. Swires-Exit of Mt. View Elem. $ 5,000 5. Aliak & McCollum 2,400 8. Set Net & Bowpicker (VIP) 2,200 ($9,600) 7. Ponderosa & Pine (Silver Pines) 2.200 $11, 800 (Note: Fire Dept. has Swires instead of Wildrose & Iowa.) Memo to Richard Ross, City Manager Page 2 December 10, 1997 We originally had $10,000 in the budget for new street lights and have spent $100 leaving $9,900. We already have a P.O. for the following lights. I D# 1. North Forest & Fifth $ 25 2. Candlelight & Colonial 25 3. Basin View & Dolchok 25 4. Wesbet Court & Haller 25 $100 Other lights on the list that were considered: TIF 9. Dolchock $2,200 10. 1008 Channel Way (Inlet Woods) 2,200 11. End of Haller (405 Haller) 5,000 13. N. Forest - LDS Church 3,550 KK/jet c: Larry Semmens, Finance Director I w7 Airport Manager's Report December 17, 1997 Cot Kenai Municipal Airport Enplanements 725 YUTE 8% 6,954 November 1997 ERA 77% 9,009 1997 Monthly Enplanements Month ERA SGA YU T l= Monthly Totals Jan 6,585 1,352 0 7,937 Feb 6,221 1,065 0 7,286 Mar 6,622 1,216 0 7,838 Apr 6,205 1,278 0 7,483 May 6,962 1,284 140 8,386 Jun 8,274 1,233 1,070 10,577 Jul 11,721 1,623 1,614 14,958 Aug 91754 1,345 1,366 12,465 Sep 7,420 1,230 1,266 9,916 Oct 7,409 1,314 858 9,581 Nov 6,954 1,330 725 9,009 Dec 0 0 0 0 Totals 84,127 14,270 039 105,436 * ; NOTE: Yute started service May 24, 1997 Kenai Municipal Airport Yearly Composite of Enplanements 1983 -1996 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 January February 8,073 7,756 6,906 6,201 8,176 6,998 7,491 6,863 6,446 6,400 5,198 6,578 5,908 8,358 7,958 7,645 8,211 9,570 8,263 March 7,840 6,829 8,138 5,982 5,869 5,319 6,268 5,587 6,253 5,327 6,768 7,147 8,457 7,797 9,463 6,851 7,637 7,023 9,348 7,776 April May 7,722 6,568 8,058 5,859 5,911 5,917 6,012 6,864 8,571 8,627 7,097 9,012 7,386 11,350 9,610 8,419 7,786 June 7,623 8,457 7,591 8,817 9,117 9,670 7,054 8,339 6,209 7,289 6,393 7,342 6,797 7,875 9,473 8,009 7,781 8,626 10,028 8,507 July 10,498 11,489 12,767 8,639 9,009 8,992 8,068 9,753 9,217 12,279 10,818 12,069 9,394 11,684 9,402 11,654 10,600 12,294 11,268 10,204 August September 9,948 7,422 10,904 8,059 11,469 8,031 8,484 8,805 9,532 11,135 11,758 11,315 11,375 12,375 14,498 12,979 13,545 11,888 October 7,547 7,814 9,220 8,422 6,670 6,080 6,555 6,419 6,537 6,722 7,476 7,441 9,175 9,670 8,557 8,590 8,565 7,813 9,513 10,653 10,844 8,963 November December 7,335 8,482 7,353 6,150 6,345 6,711 6,937 9,867 8,623 7,913 8,888 9,083 10,389 10,585 11,026 11,580 9,263 8,471 Totals 7,831 98,052 8,729 98,389 8,542 107,930 7,067 84,225 6,853 81,789 7,192 81,396 6,275 86,709 8,787 102,872 8,422 110,843 8,252 106,790 9,078 10,535 8,254 8,026 106,004 117,689 130,355 111,111 KENAI CITY COUNCIL MEETING DECEMBER 17, 1997 INFORMATION ITEMS 1. 12/3/97 Kenai City Council meeting "To Do" List. 2. 11/97 Kenai Fire Department Consolidated Monthly Report. 3. 12/2/97 Salamatof Native Association, Inc. letter regard Hansen Park Proposal, Lot 7, Block 20, Townsite of Kenai. 4. 12 / 2 / 97 Kenai Chamber of Commerce thank -you letter regarding the "Christmas Comes to Kenai" celebration. 5. 12/ 1/97 Kenai Community Library, Inc. Board of Trustees thank -you letter for the $500 donation toward expenses of the library's annual holiday open house. 6. 12/97 Greater Soldotna Chamber of Commerce, Your Chamber Today. 7. 1998 Gaming Permit Applications 1. Holy Assumption of the Virgin Mary Russian Orthodox Church 2. Kenai Visitors & Convention Bureau, Inc. 3. Alaska Central Baseball League, Inc. 4. Funny River Chamber of Commerce 8. 12/ 10/97 Public Works Department Project Status Report. 9. 12/ 10/97 R. Ernst letter of resignation. KENAI CITY COUNCIL MEETING DECEMBER 3, 1997 "TO DO" LIST CLF - Arrange for $300 donation to Peninsula Winter Games. Place Garcia Building Encroachment on December 17, 1997 council agenda. Make arrangement for a check for $1,000 be forwarded to Challenger Center Project (Wal-Mart Foundation award). Prepare letter of support for Frontier Community Service's Gatekeeper Program grant request. Send letter to Challenger Project confirming the reappointment of Councilman Bannock and Mayor Williams as city's representatives to the Challenger Board of Directors. Also confirm Councilman Smalley and City Manager Ross were reappointed as alternates. Report to Holiday Party Committee council's approval of a vacation day as a door prize for this year's party. Discontinue sending council's 4/95 objection letter with Games of Chance and Skill applications to the state. Admin - Proceed with Dairy Queen property as detailed in the memorandum included in the 12/3/97 council meeting packet. Proceed with logging survey. Discontinue sending change orders under $1,000 to council for approval pursuant to Kenai Municipal Code. KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CLASSIFICATION OF ALARMS Month: November 1997 THIS LAST THIS MON. ILAST YEARI THIS YEAR MONTH I MONTH I LASTYEARITODATEITODATE1 FIRES Airport 0 1 0 2 4 Structural 2 2 4 17 18 Out Buildings 0 0 0 3 2 Brush or Grass 0 1 0 21 13 Forest 0 0 0 0 0 Dum sters 0 1 0 3 4 Vehicles 0 0 2 17 10 Hazardous Materials 1 2 0 8 9 Alarm Malfunction 0 4 1 22 15 Good Intent 4 3 1 14 31 Rescue Asst. 5 3 6 47 41 Mutual/Auto Aid 4 3 4 26 36 Miscellaneous 0 1 0 19 10 TOTAL FIRE ALARMS 1 161 21 1 181 19919 EMERGENCY MEDICAL Medical 42 40 42 507 454 Rescue 0 0 2 2 3 Routine Transport 8 5 1 35 30 Good Intent 0 0 0 0 0 Mutual Aid 2 0 0 1 1 1 4 TOTAL EMS ALARMS 1 521 451 451 545 4 DOLLAR LOSS Buildings $75 $50 $80,606 $194,606 $786,825 Mobile Home $0 $20,000 $0 $1,000 $51,000 Vehicle $0 $150 $3,200 1 $23,700 $32,750 Motor Vessel $0 $0 $0 1 $0 $30,000 IDIRECT FIRE LOSS 1 $751 $20,200 3,806 219,306 9 0,575 Loss Of Life (In Fire) 0 0 0 2 1 Injuries In Fires 0 0 0 1 1 4 KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CAUSES OF FIRES Month: November 1997 THIS LAST YEAR THIS YEAR MONTH TO DATE TO DATE NUM. I EST. LOSS NUM. I EST. LOSS In Buildings & Mobile Homes Chimneys, Soot, Flues 0 1 $0.00 0 $0.00 Sparks 0 0 $0.00 0 $0.00 Defective Heaters 0 0 $0.00 0 $0.00 Combustibles Near Heaters 0 2 $80,600.00 0 $0.00 Open Lights, Flames 0 0 $0.00 2 $40,000.00 Hot Ashes 0 1 $80,000.00 1 $50,000.00 Oil burners/Furnaces 0 0 $0.00 0 $0.00 Careless Smoking 0 1 $50.00 1 $0.00 Children With Matches 0 2 $1,500.00 0 $0.00 Careiess Use Of Matches 0 0 $0.00 0 $0.00 Defective Electrical Wiring 2 4 $9,106.00 6 $661,775.00 Appliances & Motors/Eiec. 0 4 $800.00 2 $50.00 Flammable liquids 0 0 $0.00 0 $0.00 Cooking Appliances 0 3 $550.00 4 $11,000.00 Rekindle 0 0 $0.00 1 $30,000.00 Spontaneous Ignition 0 0 $0.00 0 $0.00 Fireworks 0 0 $0.00 0 $0.00 Tools (Cutting, Welding) 0 0 $0.00 0 $0.00 Incendiary 0 0 $0.00 1 $25,000.00 Misc. Known Causes 0 0 $0.0 0 $0.00 Suspicious 0 1 $3,000.00 0 $0.00 Unknown 0 1 $20,000.00 1 $20,000.00 (Total Building Fires 1 21 20 1 $195,606.00 1 19 1 $837,825.00 1 KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT OCCUPANCY TYPE Month: November 1997 THIS YEAR TO DATE LAST YEAR TO DATE INSP. I FIRES 1 $ LOSS INSP. I FIRES 1 $ LOSS 4 PUBLIG Local Government State Government 2 0 0.00 3 1 50.00 Federal Government 0 0 $0.00 5 0 $0.00 Schools 12 0 $0.00 6 1 600.00 Pre -Schools 6 1 0 0.00 4 0 0.00 Churchs 9 0 $0.00 10 0 $0.00 Amusement/Recreation Hotels[Motels Lodging 0 0 $0.00 2 0 $0.00 Apartments/Multi 0 4 15,050.00 20 2 500.00 Dwellings 0 5 $86,050.00 0 6 $108,056.00 Stores/Dwellings 0 0 $0.00 0 1 $0.00 Four Plex's 0 $0.00 12 0 $0.00 Mobile omes Office Building Small Retail Stores 29 1 $660,000.00 76 0 $0.00 Restaurant/Bars 2 2 $225.00 21 1 300.00 Large Single Mercantile 6 1 $25,000.00 18 0 $0.00 Storage Warehouses 1 1 0 0.00 5 0 $0.00 Malls 0 0 $0.00 1 0 $0.00 Lodges Wood Working Metal Fabrication 2 0 $0.00 3 0 0.00 Misc. Manufacture 0 0 0.00 1 0 $0.00 Lumber Yards 1 0 0.00 0 0 $0.00 Filling Stations 0 0 0.00 5 0 $0.00 Repair Garages 2 0 $0.00 2 0 $0.00 Aircratt Hangers U U $U.UUo Chemical ors Petroleium Plants 1 0 $0.00 1 0 $0.00 Wharf Properties 0 0 0.00 0 0 0.00 Fish Processing 5 0 0.00 5 0 0.00 Refineries 1 0 1 0 1 $0.00 0 1 0 0.00 Misc. Structures 0 0 0.00 0 3 $4,500.00 91 1 19 1$837,825.00 1 236 1 20 195,606.00 KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT BUREAU OF FIRE PREVENTION Month: November 1997 THIS LAST HIS MONT LAST YEAR THIS YEAR MONTH MONTH LAST YEAR TO DATE TO DATE reven ion c ivi ies Insp. Pendin Letters 42 0 2 151 97 Inspections 12 0 4 236 91 Re -Inspections 0 3 0 69 12 Violations Noted 6 0 0 69 42 Notice of Violations Issued 4 0 0 40 20 Violations Corrected 1 6 0 105 30 Extensions Granted 0 0 0 0 0 Extensions Denied 0 0 0 0 0 Fire Drills Supervised 0 1 0 6 2 Fire Prevention Classes 5 77 2 67 119 Station Tours 3 19 1 55 53 Total Class Audience 465 1340 450 2122 2677 Total Tour Audience 68 362 12 574 856 Burning Permits Issued 10 33 6 274 286 Land Clearing Permits 0 0 0 0 1 Court Actions Instituted 0 0 0 3 5 Arrest Resulted From) 0 0 0 2 5 Convictions 0 0 0 2 0 Complaints Recieved 0 1 0 17 9 Complaints Acted On 0 1 0 17 9 Fire Watches Ordered 0 0 0 0 0 Accidental Fires Invest. 0 3 3 17 24 Suspicious Fires Invest. 0 1 0 16 11 Total Investigations 0 4 3 35 35 Plan Reviews Conducted 2 1 0 7 13 ureau s man Hours Total Man Hrs. Ins ections 20 2 6 170.5 150 Total Man Hrs. Public Ed. 13 183 21 307 404 Total Man Hrs. Investigation 0 10 5 157.5 143 Man Hrs. Plan Reviews 4 1 0 33 40 Gt- Salamatof Native Association, Inc. Post Office Box 2682 • Kenai, Alaska 99611 Phone (907) 283-7864 • FAX (907) 283-5081 RECEIVED DEC - 5 1997 KENAI CITY CLERK; Mr. John Williams, Mayor City of Kenai 210 Fida Igo Ave, Ste 200 Kenai, Alaska 9961 1-7794 December 2, 1997 RE: PARK PROPOSAL - LOT 7, BLK 20, TOWNSITE OF KENAI Our apologies for not having a representative at the council meeting on November 191h, 1997 to comment on this issue, our Board of Directors meeting conflicted with yours. The Park proposal was on our agenda for the evening and was thoroughly discussed. The Salamatof Board of Directors unanimously voted in favor of the Park Proposal and would like to go on record as doing so. Our Board felt that there are very few bluff viewing areas left in the City and for this reason alone the Park is a good idea. The Board also felt that this particular area has a high degree of cultural significance and considering other uses that this property could be used for the Park can protect and even enhance this area. Salamatof Native Assoc., Inc. is looking forward to assisting in the planning of the Old Town Park. Since ly, j times O. Segura President, SNA, Inc. JOS/kmr LtJ Kenai Chamber of Commerce J� 402 Overland Kenai, Alaska 99611 (907) 283-7989 (907) 283-7183 ( Fax) RECEIVED KDEC - Q g97 KENAI CITY CLERK December 2, 1997 City of Kenai Mayor John Williams 210 Fidalgo Ave., Ste #200 Kenai, AK 99611 Dear John: On behalf of the Kenai Chamber of Commerce Board of Directors and staff, we would like to take this opportunity to thank you for all the time dedicated to our Christmas Come-s to Kenai celebration. Too often we forget the amount of individuals it takes to make an event of this size successful and you were definitely part of the equation. We had record attendance during the entire celebration and your support helped make this event another success. Again, thank you for your generous support! Best regards, 'y Laura Measles Executive Director ULU 1991 Ei KEN41 CITY CLERK 1 December 1997 The Honorable .John Williams, :Mayor Members, Kenai City Council We have received your check in the amount of $500 toward the expenses of the library's annual holiday open house. we do appreciate your generosity. Thank you. As a reminder, our open house will be from 4 to _ p.m. on Thursday, December 18, and we hope all of you and your spouses or friends will attend. Invitations will be mailed to each of you soon. Sincerely, c_ Nedra Evenson, Treasurer Board of Trustees Kenai Community Library, Inc. 1 �i_ R� L We keep you informed A monthly publi Business News CITIAMBER Political Events r Soldotna Community Issues O� AA7 C t e i v Lr� i Volume 10.............Issue 12 _AXX,21 CO-MIXG and local area merchants have, once again, teamed up to present the Annual Shop & Skate at Alaska's Great Skate Roller Rink. Free Skating Passes will be available at several merchant locations. Parents can pick them up for the kids so that they can skate while mom & dad do the Christmas shopping, or take advantage of those post Christmas sales. Shop & Skate will be from 1:30pm to 4:00pm, on December 20 (for Christmas Shopping) and January 3 (for the year-end clearance sales). Passes include, free skating, skate rental, a soda and a hotdog. Listen to the radio and watch the newspapers for sponsor locations. $11 YOUR V0'1E 1105PI Ballots for the 1998 Soldotna Chamber of Commerce Board of Directors are due in to the office be 5:00pm, December 5, 1997. Please take a moment to vote for the people who you feel would best serve the Chamber Membership. If you have ques- tions or did not receive a ballot, please call the Chamber office. LEC _ o0ecemder DECOR._gTTI COXTEST It's that time again! Time to get out the Christmas decorations, untangle the lights, and get ready for the Annual Soldotna Christmas Decorating Contest. All entries must be clearly visible from the road and the judging will take place on December 16th. There will not be any nomination forms, however if you know of a place that you would like the judges to view, just call the Chamber office and we will make sure that they check it out. There will be certificates awarded to the 1st, 2nd, and 3rd place winners in both the residential and commercial categories. SOLDOTNA CHAMBER KENAI VISITOR & CONVENTION BUREAU SEEK PHOTOS FOR MAP The Soldotna Chamber and the Kenai Visitor & Convention Bureau are seeking slides for the 1998 Kenai/Soldotna Map. Approximately 20,000 maps will be distributed, free of charge, throughout the state of Alaska with the possibility of exit distribution ; � Washington and on the Web. So if you have a great slide depicting the Kenai/ Soldotna area that you would like to share with the rest of the world. please call the chamber office. OU:1.1:1G ="_?E =.10`lmai {`:' ''G'T£. rZBE: a i 1st Choice Home Health Care Peninsula Oilers Baseball Club Alaska Dream Bed & Breakfast PTI Communications Alaska Paper Company j Ron's Alaska Lodge Central Emergency Services Soldctna Inn/Mykel's Choice Realty, Inc. Soldotna Little League Crooked Creek Bed & Breakfast Soldotna Realty Davis Block Concrete Spenard Builders Supply Echo Lake Gourmet Meats State of Alaska, Insurance Connection Division of Vocational Rehabilitation Kachemak Bay Lynx Bed & Breakfast Stylistix Orca Lodge VFW Post #10046 THANK YOU FOR YOUR CONTINUED SUPPORT r, SPOTLIGHT YOUR SUSINE.S Beginning with the January Newsletter, we will be utilizing the back of the monthly calendar insert by featuring four member businesses. If you would like to participate in yet another free member benefit, just write a short narrative, keeping in mind that it will have to fit in a 1/4 page space, and fax or mail it to the Chamber office. Features will be accepted on a first -come/ first -serve basis and the Chamber reserves the right to edit material to fit in available space . BANQUET BIDS DUE ON 5TH We need all bids for catering the Soldotna Chamber Annual Awards Banquet by 5:00pm, December 5th. If you did not receive an invitation to bid and would like one, please call and !et us know. HELP US RECOGNIZE COMMUNITY HEROES On January 9th we will be honoring those who are constantiv and consis- tently devoting their time and energy to making our community a great place to live and work. We will be presenting awards for Person of the Year, Business Person of the Year, Excellence in Profes- sion, Volunteer of the Year, Governmental and Civic Affairs, and Devoted Service to Young People. We need your nominations by December 4th, so please take a moment to recognize those outstanding community members for their community and civic contributions by filling c:;t the nomination form and faxing it to the Chamber office at 262-3566. '11AKE-A4VISH VIDEO Ni II 4 AVAILABLE AT CHAMBER; OFF±CE .;.. We're sure that most of you have been following the story of little Corby Aaronson and his wish. There has been an outpouring of community support that has enabled Corby . J have his wish, a computer of his own, realized. If you would like to con*L7ie to support the Make -A - Wish foundation, we have the video, "Annabelle's Wish", available at the Camber office for S14. -`pis is a heartwarming story cf a little calf and her special wish. You also get a free Annabelle Christmas ornament with your purc--ase while supplies last. Alaska Business Systems Tom Gleason 34851 Kenai Spur Hwy., #9 Soldotna, AK 99669 262-4514 James Fisher 171 Farnsworth Soldotna, AK 99669 262-9601 Grizzly Productions John Earls PO Box 1664 Homer, AK 99603 235-4388 Kenai Magic Lodge Clarissa Doggett (Keystone Street, Sterling) 2440 East Tudor, Ste. 205 Anchorage, AK 99507 262-6644 or 248-9839 Kenai Peninsula Harley Davidson Susan Winfrey 524 K-Beach Rd., #1 Soldotna, AK 99669 260-6777 Peninsula Winter Games Mike Sweeney PO Box 2655 Soldotna, AK 99669 262-5916 Silver Salmon Creek Lodge David Coray PO Box 3234 Soldotna, AK 99669 262-4839 Trustworthy Hardware Paul Miller 44370 Sterling Hwy. Soldotna, AK 99669 262-4655 STUDENTS HONORED The November Students of the Month were James Blake of Skvview High School and Shannon Tappana of Soldotna High School. The Soldotna Chamber feels that these exceptional students deserve special recognition. On the third luncheon of the month they are presented with a certificate and a meal. We would like to thank the Bank of America for continuing to sponsor this program. 1 fZ�-c KPB Trails Commission Seeks Input The KPB Trails Commission is composed of nine residents of the borough, and was established for the purpose of cataloguing existing trails, examining trail access and use conflicts, and planning expanded trail access throughout the borough. The Commission is soliciting public input regarding existing trails, trail needs, and trail use issues. Public comments are accepted at Trails Commission Meetings, (next one is Dec. 4, at Nikiski HS) or you can send written comments to KPB Trails Commission. c/o KPB Planning Dept., 144 N. Binkley, Soldotna, AK, 99669, Fax: 262-8618 or email: mspahn@borough.Kenai.AK.us. For information call Margaret Spann, Planner, at 262-4441. The Chamber Board and Staff would like to thank the Camp SWAMPY kids for cleaning our basement. This was not an easy task as we had several years accumulation of clutter and mess. SWAMPY stands for Self Worth, Assertiveness, Motivation, Project for and by Youth and is a drug free adventure -based, insight oriented and skill building program for at -risk teens. If you would like additional information on Swampy or would like to know how you can help, call Harris Murrieta or Pamela Harris at 283-6675. CONGRATULATIONS SouthCentral Air On November 21, 1997 the FAA presented SouthCentral Air with the Diamond Certificate of Excellence Award. The FAA recognizes aviation employers who take a Proactive role in the training r of their technical work force. I The intent of the award is to recognize companies and employees who demonstrate a commitment to safety by fostering initial and recurrent training. i SouthCentral Air serves the Kenai Peninsula with oassenger service, air cargo and operates statewide J harter service. GOOD JOB! DEC` AEER CHANIBE:, _::NC:1E�N TUESDAY @ NOON, RIVERSIDE :HOUSE December 2 Peninsula Winter Games Representative December 9 Barbara Seaman and Pamela Houston, Kachemak Heritage Land Trust December 16 Senator John Torgerson, Legislative Update December 23 To Be Announced December 30 No Luncheon - HAPPY NEW YEAR! 57m4&z Sa'a'otKa elsa�su ez oC �a�xH�ezce 447�10 Stc cur=u.�y.. SocdatKa, ,—'"� 9966�J 41 i e "l� Mayor John Williams , City of Kenai �t 210 Fidalgo PPY 10LID: Kenai AK 99611 BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK 99669 Printed courtesy of The Copyworks, 405 Overland Street, Suite #102, Kenai Alaska 99669, 283-6503 1997 BOARD OF DIRECTORS President Ken Lancaster Jr. Lancaster Enterprises 262-4591 Vice President Mike Sweeney Sweeney's Clothinc 262-5916 Sec/Treasurer Bob Sizemore Bank of America 283-3369 Past President Sammie Cole Southcentral Title 262-4494 Norman Blakeley Alaska Trading Company 262-6100 1 Richard Brown Soldotna Historical society 262-9322 Rik Bucy Fred Meyer 260-2200 Michele Glaves Peninsula C'arion 283-7551 Clyde Johnson Kenai Peninsula Bcrough 283-3335 Linda Kuiper TransAlaska Title 262-5708 Linda Parker Kenai Peninsula F--cd Bank 262-3111 Diana Spann MACtel Cellular Systems 262-3500 Executive Director Justine Polzin Soldotna Chamber ...................... 262-9814 Office Assistant Randi Smith Fax .............................................. 262-3566 E-Mail: solchmbr@ptialaska.net (donated zy PTI Communications) Web Page: ,vww.ptialaska.net/-soichmbr/ 7 BINGO 2 & 7PM C & C CENTER (at the "Y") 14 BINGO 2 & 7PM C & C CENTER (at the "Y") 21 BINGO 2 & 7PM C & C CENTER (at the "Y") 28 BINGO 2 & 7PM C & C CENTER (at the "Y") Monday 1 JOIN US FOR CHAMBER LUNCHEON: EVERY TUESDAY AT NOON RIVERSIDE HOUSE 8 15 16TH Eft� CHRISTMAS DECORATING CONTEST JUDGING/ 2\ a 1 22 Christmas Vacation Begins 29 r rvr*Tm T December Tuesday 2 CHAMBER LUNCHEON: Ben Ellis & Peggy Mullin American Heritage Rivers Initiative 9 CHAMBER LUNCHEON: Barbara Seaman, Director Kachemak Heritage Land Trust CHAMBER 16 LUNCHEON: John Torgerson Overview of upcoming Legislative Session 23 CHAMBER LUNCHEON: TBA A , 7 30 NO LUNCHEON 1997 Wednesday Thursday Friday BINGO 7PM 3 4 CHAMBER 5 C& C CENTER BOARD OF (at the "Y") DIRECTORS BALLOTS DUE (thank you for voting) AWARD NOMINATIONS DUE 10 BINGO 7PM C & C CENTER (at the "Y") Soldotna City Council 7:30pm BINGO 7PM 17 C & C CENTER (at the "Y") 24 BINGO 7PM C & C CENTER (at the "Y") 91or.e you've been good? BINGO 7PM 31 C & C CENTER ti (at the "Y") �l;tfa'y yl"Il! T ITTI If T�I I-�1fT T miT• 1 11 18 CHAMBER OFFICE 25 CLOSED :Al2'7t Yt y 4V 1 12 19 CHAMBER BOARD OF DIRECTORS MEET - NOON AT THE SOLDOTNA SENIOR CENTER End of 2nd Qtr. 26 JANUARY3 SHOP & SKATE FREE 1:30 - 4:00 AK'S GREAT SKATE ROLLER RINK 262-9814 FOR INFO Saturday 6 I e '�< O �I 1 13 20 SHOP & SKATE FREE 1:30 - 4:00 AK'S GREAT SKATE ROLLER RINK 262-9814 FOR INFO. „ , 27 JANUARY9 GREATER SOLDOTNA CHAMBER OF COMMERCE ANNUAL AWARDS BANQUET 262-9814 FOR INFO Alaska Departrnem of Revenue Income and Excise Audit Division PO Box 110420 Juneau, Alasle 99811-0420 Telephone (907) 465-2320 ORGANIZATION INFORMATION State of Ala: 1998 Gaming Permit AS 05.15.0: FE; } Ct PP Federal EIN NMK� ` J C`> J Organizatlon Name 1 �) fi`' �.i"1'►1.xior C�t� Tel Number } 3 - Z S V ,Yl Ova . T iSi , ,c r ,h a �.,,s, ���, MallrQ Address Fax Number. city State Zip Code E-mall Address Ve vlo-'k I A K cl ck Lo � 1 T TPt Or vmuArmLAT10N (one= one box. For definition see AS 05.15.690) Cy1a>itable ❑ Fishing Derby Assoc i tlori ❑ Nonprofit Trade Association ❑ Religious ❑ Civic or Service ❑ Fraternal ❑ Outboaro Motor Association ❑ veterans ❑ Dog Mushels Association ❑Labor ❑ Police or Fire Department ❑ IRA/Native Village ❑ Edui:afiona ❑ Municipality ❑ Political ORGANZED AS Corpoiation ❑ Painnersnip Association TYPE OF GAMES (Check all games Vial you will condum For defirlitiotu see AS 05.15.690) a Bingo Raffles & Lotteries ❑ Pull -Tabs ❑ Contest of skills ❑ Dog Mushers Contest ❑ Fish Derbies ❑ Snow Machine Classic ❑ Rain Classic ❑ Other PtN A;)`M IN GHMUE of GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the organization. Members may not be licensed as an eeerater- vet,der n Pnvjnv" nf a vo„&v Primary Member Name Alternate Member Name Socia! Security Number Daytime Telephone Number Social Security Number Daytime Telephone Number Maiiing Address Mailing Address City, State and Zip Code City, State and Zip Code Has the primary member taken and passed the test? ❑ Yes ❑ No Pemtit number under which me test was taken. l } C Has the aftemate member taken and passed the test9 If Yes ❑ No Permit number under which the test was taken. j'-L - / L THESE QUESTIONS MUST BE ANSWERED. (see instructions) ❑ Yes No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a vitiation of a law or ordnance of this state or another jurisdiction that is a crime undying theft or dishonesty or a violation of gambling laws? ❑ Yes No Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest as defined by 15 AAC 16o955? We declare under penalty of unworn twisircation, that we have examined Vs apphc=on, rnduaWV any atradvnenL and that to Me best of our knowledge and hakar JL'ir fnia and tywrwvau w .....ye..-.�.... «..,....... "-- --- — -- e Cr FrimeName �.� C)C'�Q1\� Date President of Vice President Signature (see instructions) Printed Name Date xiz-c-3-�, 7 Melling Address of trgWgnt or Vice President Daytime Telephone v 2 I� `. V\ 3u s Fee: Check the box and enclose the —ea amount. The permit tee is based on 1997 estimated gross receipts. Z$appropriateft Make cheeks payable to the State of Alaska O - $20.000 or new perrnit............... 4M ❑ $20.001- $100,000 ..................$so ❑ $100,001 or more .................. $1oo For Department Use Only VALIDATION AftPermHtees NewPernWtoes PMD: ❑ Membership List ❑ Documentation for 3 years ❑ IRS Ceniticate or tax exempt letter ❑ PMIC & AMIC Test ❑ Articles of incorporation or bylaws ❑ Separate bank account wee ins-u-ucuons Tor manaatory attachments. 04-a26 (revised t397) front A copy of this application must be sent to all applicable municipalities and boroughs. y 1998 Gaining Permit Application Organization Name S . n Federal EIN Pe mtlt Number --] C� a SS�K'. �, �G }h, ��'.r '�(u. ��::�►°�� .L �'��c "� r Jam( Game Type (use for oor�pleting Information below.) Q R Deep Freeze Classics Goose Classics Race Classics es� Dog Mashers contest Ice Classics Rain Classics Pull -Tabs Dog Matting Sweepstakes long Salmon Classics Saknon Classics Contest of Skills Fish Derbies Merauy Classics Show Macitine Classics Canned Salmon Classics ACTIVTTES CONDUCTED BY ORGA 17ATION Facility Name M"Cal Location Game Type Is FacW y ❑ Owned 11 ❑ Leased t ^ . S t1, Z Donated ✓��_. < <_ + ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ACTIVITIES CONDUCTED BY VENDOR (pug -tabs are the only games a vendor can conduct) Vendor regisuaDon and fee must be atracnod. Name of Vendor Physical Location Vendor Number ACTIVITIES CONDUCTED BY OPERATOR Name of Operator Physiwl 1)cabon Game Type(s) Operators License Number ACTIVITIES CONDUCTED BY MULTIPLE-BENEFIGARY PERMRTEE Name of MBP Physical Location Game Type(s) MBP Number DEDICATION OF NET PROCEEDS. Theorganaation must plan to use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska (See mhnes and regulations for specific rules.) In the space provided, tell how your organization intends to use the net proceeds from qaminq activities. (Be soecificl 04-82' �:7.&97) bads RECEIVED Alaska Department of Revenue fr>oame and Excise Audit Division PO Box 110420 .lurteau, Alaska 99811-o42o Telephone (907) 46S-232o ORGANUATION WFORMATiON State of Alaska 1998 Gaming Permit Ap AS 05.15.020 NOV_ 1997 a KFNAI rITv r-t Federal EIN Permit Number 92-0126092 97-0072 Orgardaation Name jTelephone Number Cnnvenrion Btireju, TrIC, it ?83-1991 Magmg Address 11471 Kenai Spur Hwv Fax Number, !! City state � Code E-mall Address Ken AK 99611 � - _ """"r`. "" toner me one doX. I-� definition see AS 05.15si9oI ❑ Charitable ❑ Fishing Derby Association ❑ Nonprofit Trade Association ❑ Religious Civio or SWAM ❑ Fraternal ❑ Outboard Motor Association ❑ veterans ❑ Dog Mushers Association ❑ Labor ❑ Police or Fire Department ❑ IRAlNatNe Village ❑ Educational ❑ Mun=uattty ❑ Political Corporation ❑ Pannershfo ❑ Association TYPE OF GAMES (chedt all games that: you will condnint Fnr rnaffi, l— — ec n s , c Got Bingo Raffles & Lonerles $x PwLTabs ❑ Contest of skills ❑ Dog Musher's Contest ❑ Fish Derbies ❑ Snow Machine Classic ❑ Rain Classic ❑ Other PER!;fMM M - -• ---m� .. --- „,wL ue acrrve memoers m me organaauon, or an employee of the muniapality and designated by the organization. Members may tiro he i -e — Primary Member Name -- - - - - Kathleen Tarr At[emate Member Name Margaret Baxter Social Seamry Number Daytime Telephone Number social Security Number Daytime Telephone Numoer 173-44-4597 283-1991 546-72-7331 283-6186 Mailing Address Mailing Address 255 W. Redoubt Ave. 619 Fir City. State and Zip Code City, State and Ztp Code Soldotna AK 99669 Kenai, AK 99611 Has the primary member taken and passed the test? :{y'� Yes ❑ No IHas the ahemate member taken and passed the test?Yes ❑ No was Permit number under which the test s taken. 0072 Permit number under which the test was taken. O L 7 MUyT BE ANSWERED. (see Iru-tructions) ❑ Yes XKNo Has any member of management or any person wno is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another juisdiction that is a c=e invoNN-,g theft or dishonesty or a violation of gambling laws? ❑ Yes UNo Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest a5 defined by 15 AAC 160955? We declare under penally of unswom tUsifrcadan, that we have examined this appri=on, indudi belief It is cue artd avrrtilete. We ng any arradrmerr, and that in the best of our knowledge and M�r,e aelr understand Irw airy false statement made on rins aD zacon or airy affarhmerr5 is purnshade b law. Primary / i ��e Printed Name - M.- Vice Address of Kathleen Tarr me-Rtstrtictions) Printed Name Ron Malston or Vice Unit 105 Kenai, AK 99611 e 4 /) 7 )aytime Telephone 283-4966 Permh Fee: Chedt the appropriate box and enCose the correct amount The permit tee is based on 1997 estima.eo gross receipts. Make checks payable to the Stare of Alaska ❑ $0 - $20.000 or new permit......-.__.._.$20 ❑ $20.001 - $100,000............. ..... $50 X�, "t:l $1 tX;•001 or mare ................ .5100 For Department Use only All Permtttaes ❑ Membership List ❑ PMIC & AMIC Test New Permlrtaes ❑ Documentation for 3 years ❑ IRS Certificate or tax exempt letter ❑ Articles of incorporation or bylaws ❑ Separate bank account See instructions for mandatory attachments. 04-826 (revised a+97) front A copy of this application must be sent to all applicable municipalities and boroughs. 1998 Gaming Permit Application OrgardZMM Name Federal EiN Permit Number Kenai Visitors & Convention Bureau 92-0126092 0072 Game Type (use for completing Information below.) BhW Deep Freeze Classics Goose Classics Race Classics RafMes Dog Washer's Contest toe Classics Ran Classics Pub -Tabs Dog Mush V Sweepstakes long Salmon Classics Salmon Classics Comes of Skills Fish Derbies Mercury Classics Snow Machine Classics Canned Salmon Classics ACTIViTES CONDUCTED BY ORGANQATION Fac ltty Name Physical Location Game Type Is Fa Wty ❑ Owned Peninsula Oilers Hall 817 Cook Kenai Bingo X$]Leased ❑ Donated + ❑ owned Peninsula Oilers Hall 817 Cook Kenai Pulltabs XbLeased ❑ Donated ❑ owned I Kenia Visitors Center 11471 Spur Hwy Kenai Raffles ❑ Leased Donated ❑ owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased -- - ❑ Donated ACTTVI TIES CONDUCTED BY VENDOR (pull -tabs are the only names a vendor can conduct) Vendor reois=cin and fee must be artxhr d Name of Vendor Physical Location Vendor Number ES CONDUCTED BY OPERATOR Name of Operator Physic?' 'cation Game Type(s) Operatofs License Number L ACTIVITIES CONDUCTED BY MULTIPLE -BENEFICIARY PERMITTEE Name otMBP Physical Location Game Type(s) MBP Number —,. --• ••� r nw r-ua. i tie orgarazanon must plan to use the net proceeds from gaming activities for ooiitical, educational. civic, public, chart r religious uses in Alaska. (See statutes and reclutations for scelafic rules.) In the soave orovided_ tell haw vrnv rxromlrarirv, in,u , ,., ,.tee n,e ., oceeds ttom ga-dy activities. (Be specific) All proceeds from gaming are dedicated to the promotion & marketing of Kenai to inc the tourism industry, thus providing an alternative economic base. Proceeds are use for the operation, staffing, advertising, printing of promotional materials, exhibit and displays for the Kenai Visitors & Cultural -Center. ase RECEIVED Alaska Department of Revenue Income and Excise Audit Division PO Box 110420 Juneau, Alaska 99811-o42o Telephone (907) 465-2320 OROM17ATION INFORMATION State of Alaska 1998 Gaming Permit Ap AS 05.15.020 — I99� one: ;ati n J ` ❑ ew ___j53 KEINA1 CITY CLERK Rene Federal EIN 92-0154949 pit N„ t„b� 97-1695 Organization Name Telephone Number AK Central Baseball League, Inc. - Mailing Address PO Box 318 Fax Number, 283-3390 city Slate ZIP Code E-mail Address Kenai AK 99611 TYPE OF ORGAN17ATION (check one box. For definition see AS 05.15.690) ❑ Charitable ❑ Fishing Derby Association ❑ Nonproft Trade Association ❑ Religious Orm or Service ❑ Fraternal ❑ Outboard Motor Association ❑ veterans ❑ Dog ushers Association ❑ Labor ❑ Police or Fire Department ❑ IRA/Native Village ❑ Educational ❑ Murlicitsalty ❑ Political ORGANIZED AS CorporaLion ❑ Partnership ❑ Association TYPE OF GAMES (check all games mat you will conduct For definitions see AS 05.15.690) ❑ Bingo X 1 Raffles & Lotteries X X ¢p Pull -Tabs ❑ Contest of Skills ❑ Dog Mustier's Contest ❑ Fish Derbies ❑ Snow Machine Classic ❑ Rain Classic ❑ Other ��.�....� ;.... w= wr wmca. r-ersons must oe active members of the organization, or an employee of the municipality, and designated by the or0awation. Members may riot be IicensPA1 zs an nrurmt vwvi� r c.,.n—. f , ..e..� Primary Member Name Alternate Member Name Coral Seymour Lou Sinne tt— Social Security Number Daytime Telephone Number Social Seminly Number Daytime Telephone Number 504-24-3251 283-427 _ 0 9 _ 2/1!-3627 Mailing Address Mailing Address 1101 First St City, State and Zip Code City, State and Tip Code Kenai AK 99611 Anchorage, AK 99608 Has the primary member taken and passed the test? Q Q No Has the afternate member taken and passed me test? (Yes ❑ No U 5 Permit number under which the test was taken. 11 Permit number under which the test was taken. 0040 THESE QUESTIONS MUST BE ANSWERED. (see instructions) ❑ Yes �Ao Has any member of management or any person who is responsible for gaming acclivities ever been convicted of a felony, extortion, or a violation of a law or ordnance of Ihis state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? ❑ Yes tl No Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest as defined by 15 AAC 160-95V We declare under penally of unworn talsjrication, Thar we have examined this applicanoh, innduding any attachment and that to the best of our knowledge and batieL It Is vua and mvuV,wa 0-1- Primary Member , Printed Name Date Coral Seymour Date 9 (see instructons) President o P3r� Si Printed Name X >�—" , Ron Okerl and //— 2f Mailing Address of President or Vice President Daytime Telephone 3531 Glen Daw2 Dr Anchorage, AK 99504 274-3627 Permit Fee: Check the appropriate box and enclose the correct amount. The permit fee is based on 1997 estimated gross receipts. Make checks payable to the State of Alaska U$0 - $20,000 or new permit ................ = ❑ $20,001 - $100.000..................$so ❑ $100,001 or more .................. sl oo For Department Use Only VALIDATION NUMSEP AN PennNtees New Parr» lttees Pthm: ❑ Membership List ❑ Documentation for 3 years ❑ IRS Certificate or tax exempt letter ❑ PMIC & AMC Test ❑ Andes of incorporation or bylaws ❑ Separate bank account aee Insirucuons for mandatory attachments. 04-&26 (revised ah97) front A copy of this application must be sent to all applicable municipalities and boroughs. 1998 Gaming Permit Application Name Federal EIN Permit Number AK Central Baseball League 92-0154949 1 97-1695 Game Type (use for oompie*V Injormalion below.) BkW Deep Freeze Classics Goose Classes Race Classics Rallies Dog Mushefs Contest Ice Classics Rain Classics Pull -Tabs Dog Mkahing Sweepstakes Iang Salmon Classics Salton Classics Contest of Skills Fish Derbies Mercury Classics Snow Machine Classics Canned Salmon Classics ACTIVITES CONDUCTED BY ORGANIZATION Facility Name Physical Location Larne Type Is Facility Pilots Office ❑ Owned 207 E Northern Lights, Suite 105 Raffles Leased Anchorage, AK ❑famed ❑ owned ❑ Leased O Donated ❑ Owned ❑ Leased = ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ACTIVITIES CONDUCTED BY VENDORIMA-tabs are the nnty namne n v—i— roan rnrvMwl vA..vr.\..e ,:--i.,.. — rm .......«....._., Name of VerWor Physical Location Vendor Number D & E Investments Bar Club Inc. ACTIVITIES CONDUCTED BY OPERATOR Name of Operator t PttY�o+-ocatbrt Game Type(s) CPerators License Number J ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICUIRY PERMITTEE Name of MBP Physical Locatior. Game Type(s) MBP Number — yat muwun must pit to use the net proceeds Irom gaining activities fo pofrucal, educational, civic. public. char patriotic or religious uses in Alaska- (See statutes and regulations for specific rules.) In the space provided_ tell how mxr nrmnrd7winn intw, '. t— —1h. . Proceeds from gaminci acWWes.(Be fic Promote the well being and welfare and those we serve within our community. To promote baseball in particular and athletics in general in the State of Alaska. Alaska DepartrneM of Revenue State of Alaska Income and Excise Audit Division PO Box 110420 1998 Pull -Tab Vendor Registration Juneau, Alaska 99811-0420 AS 05.15.060 Telephone (907) 465-2320 A regisOradon is required for each vendor location. A permittee may not contract with more than 5 vendors. ORGANQATION INFORMATION Federal EIN Permit Number 9 Organzation Name Organization T &phone Number Member In Charge Member In Charge Telephone Number Coral Seymour 283-4271 VENDOR INFORMATION Federal EIN or Social Securlty, Number• Beverage Ucerue Pac a Store Ucense 92-0152924 . 1312 Vendor Name Business License Number D & E Investments 202190 Business Name Telephone Number Fax Number Q Malling Address Physical location Address - 502 S Main 502 S Main Kenai city State Zp Cod& cif your business has not been issued a federal EIN, you are required to Kenai AK 9 9 6 1 1 provide your Social Security Number. THESE QUESTIONS MUST BE ANSWERED BY THE VENDOR. (If you answer yes to either question, please submit the person's name, date of birth, social security number and position of responsibility.) ❑ Yes No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a Ian or ordnance of this state or another jurisdiction that is a alme involving theft or dishonesty or a violation of gambling laws? ❑ Yes 1P No Do you employ a member or officer of the above organization? VENDOR CONTRACT TO SELL PULL -TABS Pursuant to the provisions of AS 05.15.188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permittee listed above. The vendor further agrees that as compensation for expenses incurred in selling pull -tabs on behalf of the permittee, . n % of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 70% of the ideal net from each game (AS 05.188(h)). The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the pennittee upon delivery of a pull -tab series. AS 05.15.188(i). It is further agreed that the vendor will ensure pup -tab winners of $50 or more will complete the prize receipt fonts; that the prize winner summary form will be completed for each pull -tab game and retained with those winning pull -tabs (AS 05.15.187(i]l); and that these records of pull -tab winners will be given to the permittee to retain for the required two years. AS 05.15.187(f) It is further agreed that it is ttfe vendor's responsibility to ensure gaming activity is conducted in accordance with all applicable state statutes and regulations by the owner and employees of this vendor location. It is further agreed that if the vendor is no longer eligible to sell pull -tabs, then all unopened and opened pull-' :b games shall be returned todhe permittee within 10 days. If the permtttee loses the privilege to conduct gaming activities, then all unopened and opened pull -tab games must be treated in accordance with 15 AAC 160.490. We dedare under penalty of unswtxn Wstlicabon ow we have examined this form, induding attachments, and that to true best of our knowfedge and belief a is free and complete. We understand fiat any false statement made on dus document or amMments is punishable by law - Signature of Vendor X a"') Printed Name Date Signature of in hang Printed Name Date X Coral Seymour Regi ration Fee N NUMBER PMD: • $50 Make checks payable to rite State of Alaska 04-e54 (revisett6/97) A copy of this registration must be sent to all applicable municipalities and boroughs. Alaska Departrnent of Revenue Itxzx. a and Excise Audit Division PO Box 110420 Juneau, Alaska 99811-0420 Telephone (907) 465-2320 ORGANErATFON MFORMATION State Of X.-Ska, 1993 Gaming Perrrd Api AS 05.15.020 P RECEIVED cn3: flon New DEB r P97 a Renewal Federal EIN /► I Organization Name Teleptton h4dirQ Address Fax Number: `"' 1.5o L prJ a s�eq�6 E-mauAd�dr/ess TYPE OF ORGANGATION (check one boot. For definition see AS 05.15.690) ❑ Charitable 19 Civic or Service ❑ Dog Mushers Association ❑ Fishing Derby Assoclation 0 Fraternal Cl tabor ❑ Nonprofit Trade Association ❑ OutttoaM Motor Association ❑ Police or Fire Department ❑ Religious ❑ veterans ❑ IRA Native YJage ORGANEZED AS Corporation ❑ Pannersttto ❑ Association ' TYPE OF GAMES (check all games that you Pict Por dettrdtipm see AS 05.15JW) Bingo pi RatRes A Lotteries . PUI-Tabs J contest of Skills ❑ Dog Musher's Contest ❑ posh Derbies ❑ Snow Machine Classic ❑ Rain Classic ❑ Other PERSONS IN CHARGE OF GAMES. Persons ni ut be active members of the orgaizzavon. or an employee of the munidpaliry, and designated by sne organ lZation. Members may not be licensed as an operator, vendor. or employee of a vendor. Primary Member Name ti C. • nlSd N /Utemtate Member Name At1'lpi0 "L Social Security Number Daytime Telephone Number Social Security Number Daytime Telepnorne Numee: 15-74- Sf - 22Z ZB3-71B� 5Z-7-4ra Fe - .= . Nlailirtg Address Melling Address Oc,i x Q 0. City, Stale and Zip Code City. State and Ztp Code SOS©6fil�w� A-t2�L�t(��C bt,0 1v'.-F A-v� Q��7 Has the primary member taken and passed the test? 0 Yes ❑ No Has the attenate mernoer taken and passed the test? Y �F-s ❑ +� Permit numoer under which the test was taken --a rp 1 -2— Permit number under winch the test was taken. q `S f -'' THESE QUESTIONS MUST BE ANSWERED. (see instilr=m) ❑ Yes No Has any member of management or any person who is responsible for gaming activities ever been oonviaed of a felony, extortion. s a vidaum of a law or ordinance of this state or another jurisdiction that is a c=e invotving theft or dishonesty or a violation of 9�9 !a>fr5? ❑ Yes ❑ No Does arty member of management or any person who is responsible for gaining activities have a prohibited financial interest as defined by 15 AAC 160J5V We dedare under penally of - falslfx-awn, Mar we have ex vned 11ws appticavon mduduV any atradrrren4 and Ural W die best of our xnoWecge belief, tt is true and comdera We understand trial am false smtevrrerrt made on this armUcatVan cram auadmrents is Dunishaixe by taw_ �� ! / Printed Name J +Oaie 11 v Presi (spe ) Printed Name Gale ass of Preiyderrt 7/iAce Presidem i v Da me "i eiepnone Permit Fee: Check the appropriate box and enclose the correct amount. The permit tee is based on 1997 estimated gross receipts. Afalre cheeks payable to the State of Alaska ❑ $0 - $20.000 or new permit......... �.. $20 ❑ $20.001 - $100.000........_........$50 Li $100.001 or mae................ .$iCo For Department Use Only a _ All Permittees New Permtttees PMD. ❑ Membership List ❑ Documentation for 3 years ❑ IRS Certificate or tax exempt letter ❑ PMIC & AM1C Test ❑ Andes of incorporation or bvlaws ❑ Separate bank account See instructions for mandatory attachments. 04-e26 (reviser 8/97) front A copy of this application must be sent to all applicable municipalities and boroughs. �9s6 .. _. --n;ng Permit Application Organization Name Federal EiiN Permit Number 'If /GI �'L �a> V) _Z" 1 1 % -7 // Game Type (use for axmmple*V irdormallon below.) Bingo Deep Freeze CkassiCs Goose C>assics Race MUSICS Raffles Dog Masher's Contest loe Classics Rain Classics Puli-Tabs OW Jk g Sweepstakes IQng Salmon Classics SahTm Classics Contest of Skills Fish Derbies Merauy Classics Snow Machine Classics Canned Salmon Classics ACTi /fTES CONDUCTED BY ORGANRATION FadW Name Physical Location Cianmet Type is Facility fr C%i M�Ownec �/(J 1 v�NN� ly f r;, NCt� f.� ��'�Mf Cl Leased ti c a_ ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased ❑ Donated ❑ Owned ❑ Leased - ❑ Donated ACTMTiES CONDUCTED BY VENDOR (pull -tabs are the onty games a vendor can catdrrctl Vendor rsatsaawn and fee must ba a=nftad_ Name of Vendor Pitysical Location Vendor Number 1 ACRVMES CONDUCTED BY OPERATOR Name of Operator Pftysice _o=W Game Type(s) Operators License Number 1 ACTIVITIES CONDUCTED BY MULTIPLE -BENEFICIARY PERmMEE Name of MBP Physical Location Game Type(s) MBP Number NlH' i DEDICATION OF NET PROCEEDS. The organization must plant to use the net proceeds from gaming activities for political, educational, avic, pudic, chantable, patriotic or religious uses in Alaska. (See stashes and regulations tar specific rules.) In the space provided, tea how your organizanon intends to use the net proceeds from gaming activities. (Be specific) i 34-826 (revise_-a(97) back Alaska Department of Revenue Income and Extsse Ault Division Po Box 110420 Juneau, Alaska 99811-042D Telephone (907) 465-2320 State of Alaska 1998 Pull Tab Vendor Registration AS 05.15.060 A mgis=wn is required for each vendor /oration. A permittea may not contract with more bran 5 vt; fxws. K&HTAVV1u INOr1r„ AIrk-W Federal EIN Permit Number q -7 Organization Nana ptgwdzm= Telephone Number V- �Y 124 Vj5;L C t1 N,2 f i�nc .�-r-�' 2 - SG 1 5— Member in Cie NO ir L 4AklU A/ Member In Charge Telephone NUMM 2 B 3- 116 -1 Federal EIN or Social SewrttY Number' awmage Olspernary Ucense IN . go Store ucense — 0121-7 !c_� Vendor Name &kw easiness uceme Number B L 0 (� D '7 1 ens 5AM C Telephone Number Zd 3- 3la Fax Number A 11r_ - Moiling Address FIrlslcal t Address 4-7 SPJa- V" n; 0L w L:5- City State Code *11 your business has not been issued a federal EW, you are requ¢ed to p�N NA A L JZP 4.1b7 A I provide yourSooal Seou nv Number. THESE QUESTIONS MUST BE ANSWERED BY THE VENDOR. (If you answer yes o eMer question. please submit the persons name. date of birth, social securey tw. number and postoon of resportSibIDtY.) 0 Yes No Has any mernber of management or any person who is respanstble for gamirig attivttfes ever been convicted of a tetony, extortion. or a violation of a taw or arde ru of tivs state or another "irsdiabon thai is a crime i vdving theft or dishonesty or a vid=cn of r-� flog taws? y Yes 0 No Do you employ a memos or olficer of the above organization? VENDOR CONTRACT TO SELL Pull -TABS Pursuant to the provisions of AS 05.15.188, the vendor listed above hereby agrees to sell pull -tabs as a vendor on behalf of the permittee listed above. The vendor further agrees that as compensation for expenses incurred in selling pull -tabs on behalf of the permittee, % of the ideal net of each game may be retained by the vendor as compensation. Permiaee must receive at least 70% of the ideal net from each game (AS 05.188(h)). The vendor further agrees that an amount equal to the ideal net. less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon delivery of a puff -tab series. AS 05.15.188(1. It is further agreed that the vendor will ensure putt -tab winners of $50 or more will complete the prize receipt forms, ttiat the prize winner summary form will be completed for each pull -tab game and retained with those winning pull -tabs (AS 05.15.18701); and that these records of pull -tab winners will be given to the permittee to retain for the required two years. AS 05.15.187(f) It is further agreed that it is tie vendor's responsbfflty to ensure gaming activity is conducted in accordance with all applicable state statutes and regulations by the owner and employees of this vendor location. It is further geed that if the vendor is no longer eligible to sell pui{-tabs, then all unopened and opened puV .b dames shaL be returned to the penntuee within 10 days. If the permittee loses the privilege to conduct gaming activities, then aD unopened and opened pull -tab games must be treated in accordance with 15 AAC 160.490. We decrare under penalty of urrsWvprn ralstlfcawn mar we have exatmad rhd form, including anMriments, and mat to the best of our ivtowredge and belief it is true and txvnglete_ we undersarrd than any false staternent trade our mis document or attachments is purost a by law! "ig,Vendor Printed Name rare Signature of Member inChaM � Primed Name " Late �— -� X r�L>✓✓�,','/,cis-- Registration Fee $50 Make Checks payable to me S=e of Alaska PMD: Ahts a oeparan ru of Revenue State of Alasim lnoome and F_xase Ault Dtvston 1998 Pull Tab Vendor Registration Po Box 110420 e9 Juneau- Alasim 99811-04zo AS 05.15.060 Telephone (907) 465-2= A rs9rs&=0n is requ ad for each vendor location. A permittee may not aontr= md7 more than 5 vanoors. ORGAN?ATiON INFORMATION VENDOR INFORMATION Federal EN or Social Security NteTltnar• � O 4-71 1 - ,4�, a 8averags� l�rtss Package Store � e Vendor Name al mms license Number 0 3 0 3 Btskms Name 504mE Teiephom Number M.7- o b D Fax Nu auw /►►�►-- Ma" Address � Z �� lit bNwq-Y ln== Address 14 City N � State IZP Cooe 61 a federal EIN. you are requuea to *If your4Jl K.G pryer �business dal S THESE QUESTIONS MUST BE ANSWERED BY THE VENDOR. (If you answer yes to either question. please submit ra person's name, date of birth, soc= seeurny rssnber and position of resporsibili'ity.) a Yes No lies any member of management or arty person who is Per- sa 's for gaming activities ever been convicted of a felony, e=)Mon, or a trioiatiort of a lawor ordnance of this state or arwtiter jurisdicrion that is a eime involving theft or rfat> 1 esty cr a vwtation of g ' n g netts? d Yes No Do you eatploy a member or officer of the above organization? VENDOR CONTRACT TO SELL PULL -TABS Pursuant to the provisions of AS 05.15.188, the vendor fisted above hereby agrees to sell pull -tabs as a vendor on behalf of the permittee listed above. The vendor furVw agrees that as compensation for expenses incurred in selling pug -tabs on behalf of frte pemuttee, �G 'e of the ideal net of each game may be retained by the vendor as compensation. Permitfee must receive at least 70% of the ideal net tram each game (AS 05.188(h)). The vendor further agrees that an amount equal to the ideal net. less the compensation owed to the vendor, shall be paid by check by the vendor to the perm=e upon delivery of a pug -tab series. AS 05.15.1880. It is further agreed that the vendor will ensure pull -tab winters of $50 or more wdi complete the prize recaemt fcr-s: 'inert the prize winner summary form will be completed for each pu11-tab game and reWrod wittf those winding pj44abs (AS 05.15.187( )); ano that these records of pull -tab winners will be given to the permittae to retain for the required two years. AS 05.15.187(f) It is further agreed that it is the vendor's responsibility to ensure gaming activity is oonducted in arccordarnce with all applicable state s=tas aria regulations by the owner and entpioymm of this vendor location. It is further agreed that if the vendors no longer eligible to sell pull -tabs, then aU unopened and opened pail-t .b carries shag be resumed those permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, then all unooenned ana opened pull -tab games must be treated in ahocardance with 15 AAC 160.490. We declare under cermfry of unsmxn Wsilfcation VW we rove emmat red Cris form, iwwfa g amitchmerrm. and Cray = --'Is best of our "iowfedge and ba*ef rt is Due and complete We unders=W Crab any raise staternerrr made on Cis da=em or attacirm rs is pmishabde by Mow Sigrp w! of Venda Printed Name �e Sionature�li Mernoer it�:ttaroe /, Printed Name mate 1�2 L • �I�x- ell— r I Registration Fee 7- $50 1 Make checks payable to rite Slate of Alaska a nnnv nt thic �aniat- ^,n most hp sprrt to 211 2DD11=='? MUr.IC:73litieS 2no Project Status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp. KK - Keith Komelis JL - Jack La Shot IRS - Robert Springer MK- Marilyn Kebschull RC - Rachel Clark KW - Kathy Woodford A/NC/F/ City Contact STF Project Name Status A JL Alaska Regional Fire Training Training Building - still working on block & Facility, ARFF structural steel. Effluent Building - getting ready to start block walls. PSI Structural Trainer - getting ready to pour the slab. Rest of site work shut down for Winter. HEA has installed permanent power ... 3000 gallon vehicle going out to bid. A KK Animal Control Shelter Under construction.. _Working on electrical & mechanical. Working on sheetrock. 75% complete. Est. completion 2/4/98. A KK Bluff ASTF Grant Nelson completed grant for proposed bluff erosion but is presently redoing it... Nelson made report to the Harbor Commission ... Corps did recon. study... Fish & Game ok'd Nelson's proposal... Submit this winter. A JL/RS Challenger Learning Center Funding being organized. A MK Comprehensive Plan A JL Contaminated Soils -Airport A JL Contaminated Soils - Shop A JL K.M.A. Taxiway "C" Extension North A KK Mission Street A KK STP Disinfection Change $60,000 appropriated in Capital Project Fund ADEC agreed to let us pull tanks in Spring... Pete Campbell with Kent & Sullivan states that project is on schedule. Pete Campbell with Kent & Sullivan states that project is on schedule.. Project down for winter... paving in Spring Peninsula Construction finished underground this fall. Winter shutdown. Mailed mylars to engineer... Waiting for as -built. Received final billing from Vasey. Wednesday, December 10, 1997 Page 1 of AMC& City Contact Project Name STIP F KK S. Spruce Beach Parking F KK South Side Kenai River Road and Parking F KK STP Expansion/Planning F KK Water Quality/Quantity Development Program Status Corps permit process complete... No funding appropriated as yet. Going to request Exxon Valdez Funds. Project request given to Rep. Mark Hodgins. For Southside dip netters... City to request Exxon Valdez Funds. Waiting on DEC's planning design grant. Wellhouse modification and/or SCADA for water system control... Allen Houtz is sending proposal... Water main loop lines... Replace underground pump house. Additional funding requested from DEC and Legislature for WH4 and other projects. NC JL ADA City Building Study Implement changes after 7/1. NC KK STP Mixing Zone Analysis Study complete... Billed KPB for 1/2 of study —Copper is the main problem with the effluent ... Vasey completed Memorandum for attachment to analysis and application for NPDES permit. STIP KK DOT - Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles... Design FFY 00 at $250,000...ROW FFY 00 at$100,000... Constr. FFY 01 at $1,400,000. STIP KK DOT - Forest Drive DOT in design stage... Design FFY 98 at $900,000. ROW FFY 99 at $500,000. Construction FFY 00 at $5,500,000. STIP KK DOT - Kenai Bridge Access Resurfacing & widening; Spur to K-Beach... Road Construction FFY 98 at $1,200,000. STIP KK DOT - Unity Trail Pathway Pathway along Kenai Spur from MP 2.8 to 8.1. Design FFY 00 at $200,000... ROW FFY 00 at $100,000...Const. FFY 01 at $1,700,000. Wednesday, December 10, 1997 Page 2 of CITY OF KENX IV It Od 62CZj42.4:W 4 4&�wc,,w 210 FIDALGO AVE., SUIT- 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kvftv! rrer,a, IIIIII 1992 December 10, 1997 Mr. Rick Ross City Manager, City of Kenai Dear Rick, Rick , please accept this letter as my intent to take the early retirement incentive plan the City of Kenai has offered me. The effective date of my retirement •;%-ill be December 31, 1997. I am proud to have served the City of Kenai as its Airport Manager :3r the past thirteen and a half years. The position has been a challenging one. I feel good about being a part of making the Kenai Municipal Airport one of the finest airports in :he state of Alaska. I would like to take this opportunity to thank you, the City Council_ and last but certainly not the least, my fellow employees who have supported me througr gut my tenure. I find my pending retirement somewhat bittersweet. I am excited to move on to another phase in my life, however, it will be sad to leave the people I have :=e to know and respect these past years while working at the City. Good Luck in the future! Sincerely, CITY O KENAI�- Randy st Airport Manager 1791 - 1"l CITY OF KENAI . W Capdal q 4(aA '. TO FROM Z= F7 ,�q/- & b&� �ew i 210 Fidalgo, Suite 200 IC6m ..Alaska 99611-7794 Phone 907-283-7535 Fax 907-283-3014 Date /--,- / /,-2- / % Number of Pages --2 I R�� KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 17, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.Kenai.net/city B. SCHEDULED PUBLIC COMMENT (10 Minutes) Michele Brown - The Nature Conservancy/Kenai River Water Monitoring Plan C. PUBLIC HEARINGS Ordinance No. 1765-97 - Increasing Estimated Revenues and Appropriations by $9,000 in the Boating Facility Enterprise Fund to Purchase Additional Fuel. 2. Resolution No. 97-83 - Amending Morrison-Maierle, Inc. Engineering/Design Contracts on the ARFF. 3. Resolution No. 97-84 - Transferring $1,400 in the Animal Shelter Capital Project Fund. 4. *1998-99 Liquor License Renewal - Kenai Golf Course Cafe - Restaurant/Eating Place. Additional information can be found at http:/ /www.Kenai.net/cites The public is invited to attend and participate. Carol L. Freas City Clerk Lei Enc-losed is a copy of the information placed in council's packets in regard to the encroachuent d saussion which is included on the December 17 council meeting agltnda at Item G-1. Also &nclosed is a copy of the December 17 agenda. If you have any questions,; please contact me at 283-7539. Carol L. Free City Clerk CITY OF KENAI it C9d CC&fl" 4 24142114ka it 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kk� MJ4IW)(0)MIN MDili J)� TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: December 12, 1997 RE: CUNNINGHAM PARK PROPERTY/GARCIA BUILDING ENCROACHMENT Attached is recent correspondence, council packet information and minutes of past meetings in regard to the above -referenced matter: a. Sara Cunningham Scott letter (received 12/ 12/97) and attachments (Scott letter to C. Garcia and letter from Hans Sievers). b. 10/30/97 CRG letter and attachments to Sara C. Scott (heir Martha Cunningham). C. 10/ 10/97 Sara C. Scott letter to city. d. 9/3/97 council meeting minutes. e. 3 / 5 / 97 council meeting minutes. f. 3/5/97 council packet information, i.e. 2/21/97 C. Garcia letter and property plat; 2/28/97 CRG memorandum to council regarding proposed land swap with Garcia; 2/25/97 B. Springer memorandum regarding setbacks of Garcia building. g. 9 / 18 / 96 council meeting minutes. h. 9/4/96 council meeting minutes. 9 / 4 / 96 council packet information, i.e. 8 / 29 / 96 J. La Shot memorandum regarding placement of fencing at Cunningham Park (with plat attachments). 8 / 21 / 96 council meeting minutes. k. 8 / 21 / 96 council packet information, i.e. 8/ 21 / 96 B. Springer memorandum regarding building permit for Garcia building and discovery of encroachment (with building permit application and plats attached) . ,wAmedm" 'III► 1992 Chris Garcia P.O. Box Kenai. AK Dear Chris. Sara C. Scott 2220 N. 15th St. Sheboygan, WI I hope this is not too disappointing to you. I was on my way hone my gut Office- , on Tuesday, when my car died. I had to p get a jump and then drove out to Plymouth, \r11, to get a new battery. I thought my troubles were over, but when we checked, we found out that my enough alternator charge o keep failed, which is why the battery went dead. it wouldn't n hold fo 10 hours. So, the car running after standing one night and having I had to get my transportation in order before I could proceed with any of the items we spoke of. I am som for this. I just couldn't do anyst thing the least. The letteout it. I never r to contact Jimmy, so I am trying with this to do the mo am enclosing will giVe you permission, from us_ to proceed courthouse next week for the building, as we had discussed. I will have to go documentation proving our relationships to Martha and Ethan.went numbers there to wday, Friday, with Jacqui, (,she was going to help me record document could send along copies of birth and marriage certificates as prhes bu= umstanwe found es, that the courthouse is closed for the Holiday weekend. Unde t the best I can do is send you the enclosed, for presentation at your meeting, just keep and try 1 to contact Jimmy today. tommorrow and asaweedcussed withSunday, the possible solutions I do make contact. I will prepare a letter to the encroachment problem and get it off to you ASAP Again, -t my car fixedly More this happened. there just was nothing else I could do till g Soon. Sincerely, Sara Cunningham Scott City of Kenai Sara Cunningham Scott 210 Fidalgo Ave., Suite 200 f:iT''Dit!iR' `"g�`;l 2220 N. 15th St. Kenai. Alaska Sheboygan. VVI 99611-7794 53083-4649 Dear Mr. Rick Ross, Mr.Cary R. Graves. & Honorable Council Members, I have sent this letter to Mr. Chris Garcia, for him to present it to you at his meeting with you on December 5th, 1997. Mr. Garcia and I have been in contact by mail and telephone for about two months. He has in his possession a letter from my cousin. Hans Sievers.. who states that I may act for the heirs in this matter. A from accomplishing all that I had wanted to, conspiracy of events has prevented me to provide proof of our heirship to both Martha E. Cunningham. and Ethan Cunningham. I will send that along at a later date. It is my hope that you will accept our wishes as expressed here, so that Mr. Garcia may complete his building, pending the resolution of the encroachment problem. We see no reason that he should be prevented any longer from finishing the building because he has agreed to resolve the issue in good faith, with us, and the City of Kenai. I have several proposals to suggest, which Mr. Garcia and I have discussed at length, which I will be submitting to you in writing, in the very near future. My reason for not including them here is expediency. Our courthouse is closed due to the Holiday Weekend, and I was therefore prevented from retrieving copies of the documents to prove our heirship. I will committ to doing that at my first convenience next week and forwarding both the proposals and proof of heirship to you and Mr. Garcia, at that time. It is my hope that this will arrive in time for Mr. Garcia to make his so you will act upon our wishes. by allowing him to presentation, and that if complete his building whenever he can. Thank you for your time and attention. Sincerely, .f e l_ Sara Cunningham Scott DJCA9 MR GAAciA1 7A RA U/ R o l tZ Ann To LD M4 cL A RouQ' c-u!2 l ijTv,al toN, 59t OFWCD To WADLiz� f-T FoIZ 2I4rc. Rl,5T o F S, ARP 5J-k,U,, Sidi. t4WDl&95TA,,jp5 7446sp TUG a'N,rK j �o, j w�o�1, A'MD 5�i`p FkAT B A l L �Q V rD Gam" Tki-5- o N F Yo � oh p. rQ��oL i 0 it . u,< ohl ��L'H I 'LL V�K Gf�� uP TbI►2./t� Rai" Do �� 5�22 �rvaVA October 30, 1997 4 v Sara C. Scott 2220 N. 15`h Street Sheboygan, WI 53083-4649 RE: Cunningham Park Property Dear Ms. Scott: CITY OF KENAl �J- Od Capdd 4,4Zaa*6a, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 h!AVI 'Illfl 1992 (C(D� Thank you for taking the time to write to us about the Cunningham Park property. The Kenai City Manager has requested that I respond to your letter. First I would like to give you a little background information about the problem. In 1971 Martha Cunningham donated a piece of property to the City- of Kenai to be used as a park. It is located on the Kenai River. The deed states that the property will revert back to Martha Cunningham or her heirs if it is no longer used as a park. The property has been developed as Cunningham Park and is heavily used in the summertime for bank fishing and boating access to the Kenai River. The park is about 1.75 acres. A copy of the deed is enclosed for your information. Some time ago, the Cite discovered that a portion of a boat storage house being built by a neighboring land owner was encroaching on park property. When the encroachment was discovered, the City ordered Mr. Garcia to stop construction. Mr. Garcia then requested that he be allowed to trade property with the City to resolve the encroachment. A copy of a survey of his land showing the encroachment and proposed land trade is also enclosed for ,your records. The trade basically would involve a swap of 621 Square feet of property. According to our City Engineer the property is valued at about one dollar a square foot. The City is very appreciative of Martha Cunningham's kind gift of the park to the people of the City of Kenai. Because of that and the reversionary clause in the deed. the City Council did not want to consider any land swap which would go agains - the wishes of Martha Cunningham's heirs. Therefore, we requested that Mr. Garcia contaz= her heirs to see if they objected to the proposed trade. Ms. Sara C. Scott October w, 1997 Page 2 of 2 The Council has not taken a formal position on whether it is in favor or opposed to the proposed trade. I am sure the desires of the heirs in the matter will weigh very heavily in the Council's decision. I hope I have answered your questions about this matter. If not, feel free to write or call me. I will be glad to do whatever I can to assist you and the other family members. Very truly yours, CITY OF KENAI Ca R. Graves City Attorney CRG/sp Enclosure b C C- /e �-R 50' n� Beaver Loop R V ,jz w eav P.�. oad 50' (51.45) ( SHOP/GARAGE L _ 4 9 83.5't r BUILDIG UNDER 8 9) l CONSTRUCTION (ENCROACHES) �� i CHAIN —LINK FENCE`?� r sz ! 1 " = 60' 40.49 NS652'21-E -- - SIILD 16. 7t 16 u 621 S.F '` ° Z SHED � O c�v APPROX. WELL LOCATION 77.1 80.2' t APPROX. CREEK t j O _ 7 Q 2-STORY FRAME CA LOCATION N52'27'47'W DWELLING 3U.69 `L N C o(A ELEVATED WOOD DECKS o (.i O N U Trac t 4 m rn N 0�� I to Proposal A �u o SEPTIC SYSTEM 0 VENT (PER OWNER) n r o o � o 621 S.F. p r o z Z (N81.15,0Q„W 3 03.53 MEAND C E --�` ER LINE) Garcia Property 6.67 N A J R J U Tr. 4, Horseshoe End E R at Riverbend Sub. it _ I Attorney •lrf 6/M[Y/` I H/1[ii.dil� /w.i �i. wuu not j c') Cull::::Ci Lr ()i ni, ,•...:: I:a, Ita:. itL:Lvt L�1.1! certain real 1,ruiu,�t' ,t-r u;L. as I•Iit' nail, anLjtrr .0 rLui.t Cent!i l ions, ;utt: the us taltl is'— s'Wh earl: r.in I.c f:,ciii Ln Lc,i by a deed sui,jcat to those condi:=-ns with tlic t,I:icr I)latl iu^ and processing to follow, 14OW 1'11EREF01:1:, the Cr:::t :or , . APTNA F. CUT!NT':GI(A'I, hereby I;iVcs any: don: tcs Cor a I:tlu:i' ,:IS it:cr.:ciuu (Fula t.itc 1.:Lrc, conveys ant! quitclaims to tl;c Ci, • of Kenni , :t home mile charter municipal corporation, orTanized __:der the latrs of t'tL• State of Alaska, all interest which she has in the Collowing described real property situated in the Kenni ;?ecordinl+ District, Alaska: The East 300 '':ct of '"r-ct Five (S) of HORSESHOE END AT "T`rlii' 7::D according to Pint 1:-]' on Cilc '::ir',t Cite Kenai District PccorOcr, ".lasLa. t SUMEC.T 70: 1. A naming of t!tc tltt::tcd :tt•ca "!:uanin:;:iain "crorial Park". ! 2. A reversion to ::.i. - C:inoin�hnm or her heirs in thc•, event the property is no iomccr s u as a park. • 3. The donated real rrnerty ,hall I,c surveyed, nlattoO and approved by the proper author ties at the cost of the City of Kenai and at no cost to the Donor. 4. Reservation to the=rantor of all mineral and oil rights, except coal. DATED at Sheboygan, ','isconsin, .,'>"ay of December, 197' STATE OF WISCONSIN i COUNTY OF TT1IS IS TOJCI;:TIFY t`_: .n titc 1 of Dccenbcr, 197j, ':ART!IA E. CUNNINGIIAI.1 personally ^earcc oeiorcuthe undcrsiCneLi I and acknowledged that the above--.str;r::cnt was signed and aeknoxled?,bd asvjter act. f/'/Z-N16) /�'W 71'bf kST/Y4-)C S/�y��S , SHEecq 6&U, cU Z . 13o r� il V PAQDJ 79 ,S Tovh 001) 1N 7�#k a-J,010- FwTv" ,-P7'�1V/K �0 3 ZnOS C)L'6 aW 2 71J� _S TW q;;C TO /ODV' �; � �/� PY-t-,P'U7 � q, -1 u��& COoOK74D / �) ( a,4-� ) C,-;-)) 4,� /I PPS&17;r7 u&ITH l l/J6- OF 75X, P19kv F, Y 7) 7 -A) C) S TD I Ma) TS bO� -r A M- /)� 11-TA-6 �1771, U4-1- OP &.:7),l-4'�d��e D F y'aP)!�7Zj o i A1 �l7 T�(( S 7-11;k z 117V ��ff �t)l TH EO%/tf 0T/%�K �Ye/)s a)142 Aj �In 71ZAV 0/' AM7&-7- �(- F-&/77 �)d K - k)k u114z TIVZL"V C'Om,k- Z6 DUrZ CU VI/Al. s;�ZpkS To 6z /9&a) d� SD),V/A)(7 7�//� S176,, VV) XbLfA'% o4f;�716A). )(DZ AW,..z- RZ�;,'00k h, ASl KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 7 Ross also noted, at the last Harbor Commission meeting, the Commission addressed the letter from the Corps of Engineers regarding the surveillance report and then forwarded it to the City Council. He added, it had not been brought forward to a council meeting because he had met with Senator Torgerson and they discussed how DOT had gotten involved with funding with the Corps in different communities throughout the state. At this time, Public Works Director Kornelis is investigating how the Corps and DOT have related in other communities in regard to erosion issues (river or ocean), their level of participation, etc. If there is an option of bringing in another sponsoring party, it's an option council should have before them. He was not aware of how long it would take to get the information, but the Corps had been noticed that the item had not been brought to council for an answer as yet. Williams suggested petitioning the congressional delegation as the sponsorship because each one of them is fully familiar with the city's erosion problems and understand the difficulties the city has had in getting the Corps to move on the work. D-4. Library Commission Councilman Moore reported the Commission met on September 2 and heard a report on the very successful summer reading program. He added, there had been a significant increase in attendance. They also heard a report from the Friends of the Library who are selling their annual building addition fund-raising tickets. The Commission also discussed establishing a Public Relations Committee, reporting to the Commission, to promote public awareness of the library and what it has to offer. Moore added, there was also discussion in regard to an alliance with other local libraries and schools about computer networks. The Commission decided to hold off on that until a future date in order to become more aware of what would be required. Librarian DeForest thanked Councilman Bannock for his involvement with the summer reading program celebration. D-5. Parks & Recreation Commission Councilman Bannock reported the next meeting would be held on September 4. Director Frates reported a tour of city parks was taken by the Commission and it was found to be a good learning experience for all. The Commission will have a follow-up discussion of the tour during their next meeting. Mayor Williams asked the progress of the fence and building placement issue at Cunningham Park. He continued, through past discussions, council was aware the fence had been placed in the wrong place on both sides of the property. He asked if administration could have a true survey line marked and have the fence placed on the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 8 property line. He added, he thought if the fence was placed on the proper boundary, it could be seen what room for expansion would be. Ross noted, he was not at the city when the fence had been placed, but some of the items he had read and conversations heard were that the fence was intentionally moved in to keep the public from getting out into the whole of the area. The fence was not meant to mark the park boundaries, but more to contain use. Williams agreed, except there was now a problem in that the boundaries of the property had been delineated and there is always room for prescriptive right. Attorney Graves stated, that could not be done against the city. Williams added, one of the comments he made to the Parks Commission was they needed to do long-term planning for Cunningham Park and to do that, the boundaries should be known. Swarner asked what had happened with the property line next to Garcias. Attorney Graves answered, council had directed Garcia to research the heirs and try to contact them. His lawyer wrote and stated they really didn't want to do that and Graves wrote, stating it was the policy of the council and administration would not change that policy. Graves continued, he suggested they try to contact the heirs and if there were problems to let the city know the process had failed. He had not heard back from them. Swarner asked how much property was involved that was not included within the fenced area. Frates answered, in reviewing the city maps, he thought it was about 20 feet according to a survey from 1992. Swarner stated, she objected to putting any money into that property until the building problem was resolved. Bookey stated he agreed that the fence line was not a primary boundary, but a way to keep intruders from entering other properties. He did not have a problem with doing another survey, but did not want to move the fence as he saw no real benefit. Smalley stated he understood construction on the Garcia building would be halted until the matter was resolved and it appeared to him construction had continued. Graves and Ross stated they were not aware there was work being done on it. Williams stated, if the fence had been correctly bounding the park property the building problem would not have happened. Smalley and Bannock disagreed. D-6. Planning & Zoning Commission Councilman Smalley reported the minutes of the August Commission meetings were included in the packet. Bannock referred to discussion in the August 27 minutes about the Baron Park No. 11 lease application and asked if the information in the KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 30 Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS G-1. Chris Garcia - Building Encroachment/Cunningham Park Mayor Williams referred to the information included in the packet and noted Garcia's building was encroaching on the Cunningham Park property. He added, Garcia had been working with administration to resolve the situation without having to tear down the building. Chris Garcia noted he was encroaching over the property line of the Park property. He proposed to swap an equal square footage of property as the amount of encroached property (the square footage would be in a wedge shape beginning at =he river and up along the property line). With the swap, the :ark property would still be the same size and so would his, but the property line would change. He thought that would satisfy ~he conditions of the problem. The Borough appraiser told him the value of the property he was offering to swap was worth two =o three times as much as the property he would be getting in ret-.irn. He was willing to do so because he felt that should satisfy everyone. Bannock referred to Building Official Springer's memorandum (included in the packet) which discussed minimun setback allowances. Bannock asked if the map (included in the packet) showed a five foot setback. Garcia answered, 5� feet. He added, after discussing the matter with city officials and others, they KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 31 1 felt the minimum amount of swapping property would be best. IBannock noted he was speaking of the setback from the building to the property line, which was 53� feet, and there would still be a two -close -to -the -property -line encroachment. i �i Smalley referred to Attorney Graves' summary opinion in his memorandum (included in the packet). The summary noted, the proposed trade would violate terms of the deed agreement and would put the council at risk of forfeiting the Cunningham Park property. Smalley stated he was very concerned with this possibility. Garcia stated he didn't see in the court cases, where a swap of the same amount of property was done. The Park would stay the same size and didn't see where there would be an infringement. i Swarner asked if heirs of Martha Cunningham had been contacted. Garcia answered no. Swarner added, from the attorney's information, and according to the deed, the city couldn't swap the property. It was up to Garcia and the city attorney to prove it would be acceptable to swap the property. She suggested the heirs be contacted. Williams reported he had talked with some of the neighbors in regard to heirs and who they might be. Williams asked, if the heirs were contacted and they issued a letter to allow the swap, would council be willing to make the swap. Attorney Graves stated, through probate, a family tree would have to be reviewed to figure out who the right of inheritance would pass to and determine who were the legal heirs. Williams stated he hated to prolong the matter and to say no if there was a possibility to resolve the issue. Williams asked if the estate of Cunningham vested in the closest relative if no �, relative had been designated. Graves answered, it would have to KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 32 be determined if Cunningham had deeded any property by a will. If not, the family tree would have to be followed. Ernie Knackstedt - Reported he knew the Cunningham's well and the i property was to be used for a park for children. He was aware of if a sister-in-law of Martha Cunningham, married to a brother of Cunningham. He identified her as Henrietta Aldos, living at 500 Wall Street in Seattle, WA, 98121. Discussion followed as to who the responsibility fell to in contacting the heirs. It was decided to be Garcia's responsibility and it should be his time and cost in doing the legal research. Graves stated, if the heirs issued a notarized letter, signed by all heirs, it would constitute a waiver. This had been done by the courts in the past. He would prefer a notarized letter or quit claim deed. Williams asked how much it would cost to move the building. Garcia answered, it would be completely impractical. Williams asked, if Garcia was able to get a letter signed by the heirs, would council be willing to make a trade. Swarner stated she had a problem with the lot lines being jagged. Williams suggested that if the heirs would allow some of the adjoining property to be used for the Park property, that added property could be leased and there would be no need to change the lot line. Swarner stated she was not interested in that scenario. Bannock suggested using the natural boundary of the chain link fence, selling the pie -shaped portion of property from the chain link fence to Garcia's property line, not do a land swap (with approval of heirs) and dedicate funds received from sale of that portion of property for the same intent of the Park. Bannock stated he believed Garcia's problem would be solved, the heir problem would be solved, and there would be the correct amount of setback, etc. Bannock stated he would like to examine selling KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 33 1 i the property as he described (west fence, east property line, I north Beaver Loop, south River). The purchase and proceeds would be dedicated to Cunningham Park. Bannock added, he would like to direct administration and Garcia to accomplish that request. Graves stated he would work with Garcia, but wanted Garcia to search for the heirs and do the leg work. ITEM H• NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to pay the purchase orders over $2,500 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-3. Discussion - Setting Budget Work Session 7-ate(s) It was noted the budget had to be adopted by council during the first meeting in June and that personnel -related matters would need to be completed in May. Administration suggested beginning the work sessions after April 16. Williams suggested deciding work session dates during the work session scheduled for Thursday Re Kenai City Council Members: RECEIVt FEB 2 1 KENAI CITY February 21. 1997 The enclosed map shows my building encroachment and a possible solution. After being discused with Robert C. Springer, the building inspector for Kenai, it was determined that this will meet the fire codes. The land swap which I propose is an equal square footage swap of property. I have been advised by Jim Lawyer at the Borough, that the river front property is worth from 2 to 3 times as much as road front property, but I feel an equal square footage swap should satisfy all concerns with park property deed restrictions. Sincerely, Chris Garcia `— 50' I 83.5't i CHAIN —LINK —� I FENCE N36'52'21'E 40.49 621 S.I.0 \ l I h h' a N52-27'47"W 30.69 l� cc C) �cl� o 621 S.F. 6.67 Beaver Loop P.C. ROad 50• (51.45) St IOP/GARAGE BUILDING UNDER CONSTRUCTION (ENCROACHES) �ryO� SHED �16.71 \ Z O 0 0 c,r 0 O GA ELEVATED WOOD DECKS CA LD o I 00 O G) r� O z fTl L 4 9 8 9) x'4Ti0/v N 16.2 \ / SHED 7 N APPROX. WELL LOCATION / _a o 77.1 - H0.2' f — � 2—STORY FRAME DWELLING ci a Tract 4 o SEPTIC SYSTEM VENT (PER OWNER) K E MEANDER LINE) N A j R f v E R 00 APPROX. CREEK LOCATION Proposal A CITY OF KENAI „&Iear�44"„ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - - FAX 907-283-3014 _s MEMORANDUM To: Mayor John Williams and Kenai City Council Members From;[:,,/ Cary R. Graves, City Attorney cc: Richard A. Ross, City Manager Date: February 28, 1997 RE: Proposed Land Swap with Chris Garcia On February 21, 1997 Mr. Garcia submitted a proposal to resolve his garage's encroachment on Cunningham Park. As you know, one of the outstanding issues in this matter has been the restriction of our deed that the property be used as a park. A copy of the deed is attached to this memorandum. The deed states in part, ".. . a reversion to Martha Cunningham or her heirs in the event the property is no longer used as a park." In legal terms, a deed with an express reversionary clause creates a fee simple subject to a condition subsequent. Seltenrich v. Town of Fairbanks, 100 F. Supp. 296, 298-300 (D. Alaska 4`h Dist. Fairbanks, 1951); The Law of Property 12.7 (Cunningham, et al. West Publ. 1984). In lay terms, a "fee simple subsequent to a condition subsequent" means that if the donee (the City) stops using the property for a park the donor (Martha Cunningham) or her heirs get the property back. Where the reversionary language is not clear, the courts will construe the clause to be a covenant rather than a condition subsequent. For our purposes, the importance of the distinction between the two is that violation of a covenant would not risk forfeiture of the property, whereas violation of a condition subsequent can create a forfeiture. Seltenrich at 299-300. In my opinion, the language is sufficiently clear that the courts would hold the language in the Cunningham deed to a condition subsequent rather than a covenant. Another issue is whether conveyance of part of the property for non -park use would trigger forfeiture of the property. In City of Dallas v. Etheridge, 253 SW2d 640 (Tex 1952), the City of Dallas used a portion of a similarly dedicated park for a non -park - related public road. The deed in question also had an express reversionary clause. The Texas Supreme Court held that the non -park -related use by the City violated the dedication and held the City's right to the park land was forfeited. !i>9 AFl.dooti M2 Memo to: City Council Members February 28, 1997 Page 2 of 2 More recently, courts have been reluctant to order forfeiture of property, especially when the overall purpose of the donation is being substantially carried out. Johnson v. City of f µckensack, 200 N. J. Super 185, 491 A.2d 14 (App Div 1985) (Minor deviation from dedicated use will not cause forfeiture). Kinney v. State, 283 Kan 325, 710 P.2d 1290 (1985) (Deed requires only good faith effort to maintain property for dedicated use). What distinguishes the current proposal from the Johnson and Kinney cases cited above is that the current proposal calls for the City to convey a portion of the dedicated property in the form of a land swap. In Johnson and Kinney the government simply didn't use all the property for the dedicated purpose. Conveying a portion of the property increases the chances that a court would order forfeiture. The Alaska Supreme Court has not ruled in a similar case so it is difficult to predict with certainty what its ruling would be. In my opinion, the court would hold the proposed conveyance does violate the deed restriction. What is less clear is the remedy the court would enforce. While I cannot state with certainty that a forfeiture would result if the trade is approved, forfeiture is a distinct possibility as shown by the Etheridge case cited previously. On January 6, 1997 I sent a letter to Mr. Garcia's attorney Qoe Kashi) stating my concerns and inviting him to submit any authority or case law which would alleviate the problems I saw. He has not responded to my letter as of the date of this memorandum. In summary, it is my opinion that: 1. The language in the Cunningham deed is clear; 2. Conveyance of part of the property by virtue of the Froposed trade would violate the terms of the deed; and 3. The proposed land trade, if approved, puts the City at risk of forfeiting the property at Cunningham Park. If you have any questions or would like to discuss this, feel free to call or stop by City Hall. CRG/sp Attachment Me or n um Date: 02/25/97 To: Cary Graves, City Attorney From: Robert Springer, Building Official RE: LETTER TO KENAI CITY COUNCIL FROM CHRIS GARCIA I reviewed the above -mentioned letter and drawing. The setbacks shown on the proposed plan will meet building and fire code requirements. However, they will not meet planning and zoning requirements for setbacks in RR zoning. The minimum setback would be 15 feet. RS/mk KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 1996 PAGE 18 responsibility of the State (Kornelis was asked to check the progress of the Forest Drive upgrade and lighting status for that project, finding out if the scope of the project is the same as it had been); and, the light to be placed on Haida should be chosen from the three, which one was the most needed. The remainder of the lights should be kept on the list for next year's budget. There were no objections from council to the list of lights to fund. EXECUTIVE SESSION - None scheduled. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. Ribbon -Cutting Ceremony - Williams reminded council the ribbon -cutting ceremony for the Spur Highway upgrade was moved to September 24, 1996 at 1:30. b. Garcia Building - Williams reported he had received a letter from the attorney representing Chris Garcia in regard to the building being constructed on a portion of Cunningham Park. Williams added, the letter stated the attorney r ad been retained to help in negotiating and determining what could and could not be done. One issue was whether Garcia and the city could swap land for like value, i.e. swapping a portion of the city property (Cunningham Park) on which the building is encroaching and in return, Garcia would give the city an equal amount of property on bordering the other side of Cunningham Park. If the swap was possible, Williams suggested council again consider the purchase of the five acres of adjoining Lofstedt property. Williams reported he spoke with Lofstedt and he indicated he would be interested in selling the property for $250,000 and would take the money over time. Williams noted that might be able to be done as a capital project, paying it over a two-year period. Measles reminded council that they once considered purchasing the five acres when they were looking into the possi-ility of building a boat launch and adding more parking space to the park. He asked if council would want to enlarge the park even if it could not put in a boat launch. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 1996 PAGE 19 Williams stated some of the reason for considering purchase of the property was because Garcia didn't want more people going on his property. At some time, in Williams' opinion, the river would be a drift -only fishery and an egress from the river would be needed. The purchase of the property would be for use in five to ten years. Williams noted, in any event, Garcia will come back with a plan. Attorney Graves was asked if the substitution of property would be acceptable. Graves answered, he thought the substitution of property would be more palatable. If the city gave a portion away, the question would be whether that would breach the agreement for the property from the donors. Graves added, he would research case law. Williams added, without an exchange of property, the only alternative for Garcia would be to tear the building down. Smalley noted, that was why Garcia retained an attorney. He added, he personally was uncomfortable with giving, trading or selling city property because someone built on the property. It would be setting a precedent. C. Economic Forum - Williams reported he would be traveling to Anchorage to attend an Economic Forum organized by Mayor Mystrom. d. Nakamura Letter - Councilwoman Swarner referred to a draft of a letter to at the Division of Public Health which was included in the packet. The letter was written in support of the Parent Support Program and the need to continue the program through the Kenai Health Center. There were no objections from council to send the letter. I-2. City Manager a. City Safety Plan - Ross reported the city's safety plan was in the final review mode. Language change the wording of who is ultimately responsible for carrying out the City Safety Plan within the departments and city from the Safety Department to the department heads and the city manager. The Safety Department responsibility is to make calls referencing problems seen, but primarily to provide technical and resource assistance to the departments. There were no objections from council. Also, the Alcohol & Drug Screening policy required a correction in regard to when a CDL who has been randomly selected for drug/alcohol testing. At present, the Plan classified random drug testing CDL's along with CDL's being tested due to a citable accident or reasonable suspicion. As written, .he random drug KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 1996 PAGE 15 ITEM E: MINUTES E-1. Regular Meeting of August 21, 1996. Approved by consent agenda. ITEM F'': CORRESPONDENCE None. ITEM G: OLD BUSINESS G-1. Discussion - Date for Introduction of Ordinance Accepting the Comprehensive Plan. Williams suggested the Comprehensive Plan Update be reviewed during a work session prior to formal approval at a council meeting. Smalley stated he agreed strongly and suggested comments and amendments could be made at that time. It is a document that is the future of the city. Williams suggested capital matching grant issues could be discussed at the same work session. A joint work session of council and the Planning & Zoning Commission was scheduled for Monday, September 16, 1996 at 7:00 P.M. Clerk Freas was requested to notify the Planning & Zoning Commission members. G-2. Discussion - FY98 Capital Project Matching Grant Program. Work session set for September 16, 1996 at 7:00 p.m. in council chambers. G-3. Discussion - Garcia Building/Cunningham Park. Attorney Graves reported the only additional information Iforwarded to council was the survey indicating the Garcia building was more on city property than first discussed during the August 21 meeting. Also, included in the packet was a copy of a memorandum from City Engineer La Shot regarding his first contact with Garcia in 1982. Williams asked if -arcia had been advised. Graves stated he had not talked with him. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 1996 PAGE 16 William requested Garcia be advised in writing, and copies of the survey and La Shot's memorandum be included with the letter. Garcia should also be asked what action he would be taking in regard to the building. Williams suggested giving Garcia ten days in which to respond to the city. Swarner stated she didn't think the city should ask him what his plan would be or give him ten days in which to respond. The city should tell him what he needs to do. Williams stated he thought it would be appropriate as a courtesy to a long-time city resident, etc. to send a letter with the enclosed information indicating the building was placed on city property and give him ten days in which to respond as to his intentions. Ross asked if the letter should be written by the city attorney. Council agreed it should. Graves stated he would send the letter by certified and regular mail. 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. SO ORDERED. H-2• Purchase Orders Exceeding $2,500 MOTION: Councilman Moore MOVED for approval of the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. Williams referred to the earlier request to discuss Item H-8, Approval of Inlet Woods Subdivision Lights at this time. Councilman Moore referred to a memorandum from Kornelis which was included in the packet. The memo noted Air Tek, the contractor, submitted an updated proposal for placement of seven light poles in Inlet Woods. The cost increased due to the manufacturer's cost for the pole/fixture. $7,500 was budgeted for the work. An additional $749 would be needed in order to cover the cost for the placement of the seven light poles. Kornel_s offered two options: (1) pay the $749 from the $20,000 budgeted for other new street lights or (2) reduce the number of street lights to be Memorandum To: Cary Graves, City Attorney From: Jack La Shot, City Engine Date: August 29, 1996 Re: Garcia building/ Cunningham Park You had asked Kim to have me write a memo to you concerning the building Mr. Garcia has started to construct partially within Cunningham Park. The following is an account of what I remember from 1982. 1 administrated a contract in the summer of 1982 to install fencing in various locations within the City. One location was Cunningham Park along, the east and west sides of the park. The reason for placing the fence was to restrict use of the park to established areas upland of the river. People were trespassing, littering, and starting fires in the grass. had the fence installed between the park and the Garcia residence being certain to keep it well on City property and off the Garcias' lawn. It was apparent, at the time, that the Garcias' were using some City park property to store items and for lawn. Mr. Garcia, after observing the fence installation, came to my office thinking that we had installed the fence on his property. After much discussion, looking at maps and plats, and even physically locating a monument and measuring to the adjacent property corner, we were both certain that the fence was well on City park land, not along the property line or on the Garcias' property. Considering the effort to determine the location of the property line, I was quite surprised to see the building being constructed in this location. — — — — —( — — — — �slois„ JN1 /16 ;J00P Road n"W In? , ENCROACHMENT; sign =9. 2' Q ack cable o fence e i f 0 0 i O I � r7 r7 gJ• J (W0—Rory 9 e contained 9arc k under reslroom unit ��' const. i gravel o I � n t 1 7.4' Z Own I I LL1 aI Q of O t 40 o X parking �t 1 7.5. U Z picnic 1� shelter o • lawm a : \�. O gravel u—° p allcways c Z l... ................ _ al. top . of bluff �� I d Tract 5-B a :8T3C'N '45J4 5514 E-- AS-BUILT CERTIFIC,-TION LEIEND As -Built Certificate • Rebar/Pipe (found) I hereby cernfv that the improvements hereon exist as shown on the following cescrioed property. Tract ^—B Date: 26 August. 1996 � B. #: 96-6, pgs. 16-17 Horse— e Enci At River Bend Subdivision Scce: 1" = 40 Plot:72-1^ KENAI RECORDING DISTRICT and that no encroachments exist except as indicated. Drown: REW W.O. 4: 96131 Disk: 016\Horseshoe End Exclusion Note: It is the responsibility of the Owner to determine the :N'rEGR17v SURVEYS existence of cny easements, covenants, or restrictions which do not cbpeor on the recorded subdivision plat. 505 Swires Drive Kenai, Alaska 99611-8363 Under no circumstances should any data hereon be ;I IR C4S p4oNe - so7) 283-9047 usea for construction or Tor establishing boundary or VEY=Ax --- 907) 283-eon ��-ANNERS fence lines. ACT -A N BEAVER Lppp Poll, Fall r _ _ _ s 8�• E, 3 Z36 9 N W Vf UNIX IFkWWSA qp� t Tdft Am F" , Cho Fab \ Pr rlltg saint or. *Mogan •J n W RACT 4 H \ , I 1 NOTE : This surrey Is % to av nePe 1 subject to any facts that may be disdoeed by a U and accurate We sen d N 87'30W E 245.74 KENAI RIVER Swan Surveying A4kha*i Swan R.L•S. P.O. Box 967 • Soldotna. AK 99669 • 19071 262-1 O 1 4 F •J�l •/ • }• �!t l/ H/M.,Obp urtlh M[fpI fhlw OOf/phn • YfMplpaa /nhpaCflon O/ Iff1 bMO�Mrq dn7Cllb" --"y f • i �L. e_ /Tb1 ifT/ ��� • ��•+ SEsiioE ^ ••• •!• ! LOCafOd of flhO KOM/ /lacdfdfnp Dhalncf. KOnal, AK. and that M Jffl0MWffl* * Sh" Oled Mahan I/O '""On • J-1 A. S'.onw �f IAOOfppartynMaaRON"tq•Irl00-OhC'..Cft On MO OMM"r MAW Odf.cMw IMI110 that nO ITp/ LS 65S^ ui-~a—OfOOah 4"aI"a ffnMoo.—C cn On IM 0-4sOa hn OWaffpO a" that IMna/a Mn)OF f, •�•• I ways. IranO[RfaO��!ffo`f�—wOOOf OIKM OIO/NONaOWNdoaald ►00001WOO-CONdo,o, A.WoIOd 1, AL + Do" Oa"�AlafAa This day Ot 116WO l" ��)G AS-MWLr Beaver Loop Roco; 82-` ' E—z30 -' E 302_36 •"""" j I i II �T Ln ul 3 o lf] N 114 1 o..r Coo CD Tdb Sat •... Q 0 \ vn , 55. i S 87'30'00. 7; 245.74 KENr, DIVER TR A T 4 A SWAN SURVEYING P.O. Box 987, Soldotno, Ak. 99669 CUNNINGHAM PARK AS. :rd y-5 wi d 9660r • M 5 A W II-rA EM 41 0— 5ti M*Aim O.ft Sar 1' • b DW fK UQ x"Eg, 9-�, KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 5 of 21 B-3. Chris Garcia - Building Permit Garcia stated that if something isn't done about this issue he is probably going to lose his building to the weather as it has no roof. He said as soon as he learned there was a discrepancy he stopped construction. Garcia referred to the map handed out by Kornelis and said it doesn't agree with his information. Garcia said that at the time of the survey the City came to him and said that the boat launch was on his (Garcia's) property. Garcia told them he didn't really care; they could just leave it there. The City then told him the boat launch was real close to the property line, he said; and they asked him if it was all right to "fudge" the fence on his side of the property line so they could keep the boat launch and then run the fence down the property line. Garcia stated he was told it was only two or three feet, so he told them to go ahead with construction of the fence. Since then, Garcia said he has utilized the property up to the fence as his own. He said even the City police have run people off of the property and told them to stay on the City side of the fence. After Garcia began reconstructing his building, he said, the City building inspector told him he was infringing on the City's setback. So Garcia checked the setbacks and learned it was 15' on side property lines, he said; and because he was 19' from the fence he didn't see a problem. Garcia stated he discussed this with Mayor Williams and was told the Mayor didn't see a problem either. "The building inspector told me he was going to send me a letter telling me everything was okay, and he never did," Garcia said. When Garcia approached the building inspector about the subject several months later, Garcia was told there was still a property line dispute which needed to be resolved, he said. Garcia stated nothing has been done on this problem all spring and all summer, and he would like to get it resolved. Garcia suggested that maybe the survey which was done in the late 1970's was wrong. He said he is willing to buy the property from the City or "whatever it takes," because he has a lot of money invested in a building that he doesn't want to remove. Mayor Williams stated that the fact is that Mr. Sarcia's building is on City property. The location of the fence, he said, seems to have caused the misunderstanding about where the property line really is. Mayor Williams said it's not possible to say why the fence was put where it was or why the foundation of the second ;building was placed where it is. He asked Garcia how long the original foundation has been where it is. Garcia stated it was KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 6 of 21 after the fence was up, maybe the late 1970's or early 19801s. Mayor Williams said that when an encroachment goes unchallenged for so long the property in question usually goes to the encroaching party. City Attorney Graves stated that compounding the problem is the fact that this is dedicated City park land. He said, if the City doesn't use the property for park land, it reverts to the heirs of Martha Cunningham. Garcia said that the City stopped using the land as park land when the fence was built. He said he has used the land up to the fence ever since the fence went up. He said he has planted grass and stored things in it. "The City has not used that particular part of that property as park land since the fence has been there." Attorney Graves said he was told that the fence was put where it was in order to provide a buffer between the park and Garcia's property. Garcia said that was one of the original reasons for the fence, but that doesn't speak to why the fence was put on City property. Garcia stated that when the surveyors were there, Garcia was told that the river side of the fence was on his property; but he agreed to that because he wanted the fence and because the boat ramp would not have to be cut out. Councilwoman Swarner asked Garcia if he put the original slab in for the new building. He said he did that after the fence was built. She asked if he had a building permit for that project, but he couldn't remember. Kornelis said the only permit for that property was for the construction of the home. There is no as - built or any other record for the new building, Kornelis said. Mayor Williams asked Administration to research the problem and try to find a solution short of tearing the building down. Councilman Bannock said that the building is approximately 19' at its closest point from the fence. He asked Garcia if he was led to believe that the fence was the property line? Garcia answered yes. Bannock asked if it would be possible for the City to bear the expense of resubdividing that property and giving the 19, "Sliver" back to the Cunningham's because it is not being used as a park. He said then Garcia could negotiate with the Cunninghams to solve the encroachment problem. Attorney Graves said the problem is in contacting the heirs of Ms. Cunningham. The estate has been closed (probably), he said, and we don't know how many heirs there are or if they could be found. Councilman Smalley pointed out that the City is, and has been, in violation of the agreement because that section of the property has not been in use as a park. KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 7 of 21 Councilwoman Swarner asked if the March 1996 survey could be incorrect. Mayor Williams said that until a solution to this problem is obtained Garcia should not be fined. Councilman Smalley agreed that a new survey might be a good idea. Councilman Moore asked if a survey was done before the fence was built. Kornelis said Jack La Shot was in charge of putting this fence in and he has been on vacation recently. Kornelis said he was told that Jack had placed the fence away from Garcia's property line because Garcia wanted a buffer zone and the fence because of the number of people in Cunningham Park. Mr. Garcia said, "That's not so." He said all he ever wanted was a fence just so people would know to stay off his property. He said again that has always been under the impression that the fence was built on the property line except on the river side where it was on his property. Kornelis said Jack would back on Monday and that he might have some documentation on the subject. Mayor Williams directed Administration to try to come to a solution without any ramifications to Mr. Garcia. No objections from Council. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1709-96 - Increasing Estimated Revenues and Appropriations by $150 in the General Fund for Fertilizer and Gardening Supplies. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1709-96 and Councilman Smalley SECONDED the motion. There were no public or council comments. Mayor Williams directed the Clerk to write a thank you note to the Katmai Hotel for their donation. VOTE: Williams: Yes Swarner: Yes Moore: Yes MOTION PASSED UNANIMOUSLY Measles: Yes Bannock: Yes Smalley: Yes Bookey: Absent C-2• Ordinance No. 1711-96 - Increasing Estimated Revenues and Appropriations by $490,000 in a New Capital Project Fund Entitled, "Kenai ARFF Project." MEMORANDUM TO: Mayor Williams and Council Members THROUGH: Keith Kornelis, Public Works Director FROM: Robert C. Springer, Building Official DATE: August 21, 1996 SUBJECT: Chris Garcia's Building at 2528 Beaver Loop Road _- I was doing an inspection at a house across the road from Mr. Garcia's property on 1 1 /21 /95 when I noticed construction on a building had been started on his property. At that time they appeared to have been constructing frame walls in a tented slab, but I could not confirm this. I was able to speak to Mr. Garcia on 1 1 /29/95 by phone. I told him he needed a building permit to construct a building on his property. He stated that he had talked to the previous Building Inspector (Howard Hackney) who informed him he did not need a permit as he was only re -constructing an old building that had collapsed. Mr. Garcia then indicated he would get a permit. Mr. Garcia's wife came in to my office on 11 /30/95 to get a building permit, which I issued at that time. I did not ask for a plot plan since Mr. Garcia had indicated to me he was only re -constructing an existing building. According to KMC 4.05.025, a plot plan is only required for a new or enlarged structure. The building was already 30% complete and since I had not seen the size of the previous existing building, I could not determine if this building was actually new or enlarged. After looking at the location of Mr. Garcia's building, in relation to the property line, there appeared to be an encroachment. I sent a letter to Mr. Garcia on 12/22/95 informing him that his building appeared to be encroaching on the set backs, and to please provide an as -built survey so we could clear this up. Mr. Garcia called me on 1 /3/96 and indicated he did not want to provide an as -built. He insisted this was an existing building that he was re -constructing on the old foundation. We had on file an as -built survey of Cunningham Park that was done in February, 1992 by Swan Surveying (see attached). It does not show any structure in the park encroaching from Tract 4. A new as -built survey of Cunningham Park was done in March, 1996 by Swan Surveying (see attached). It clearly shows a building encroaching on city property by 13.3 feet. I sent a letter to Mr. Garcia on 5/23/96, telling him his building was encroaching on City property by 13.3 feet and that his building would have to be removed. At that time i also sent a copy of the as -built survey that was done in March. I sent a letter to Mr. Garcia on 8/7/96, notifying him that his building permit was suspended. I gave him 60 days to get this situation corrected, by whatever means, or his permit may be revoked and he may be subject to penalties. If you need any further information, I will be available at 8:00 a.m. Thursday. • • • • • • • • POST IN A CONSPICUOUS PLACE • • • • ` • ` • 24 HOUR NOTICE IS REQUIRED FOR INSPECTION SERVICE BUILDING APPLICATION AND PERMIT BUILDING INSPECTION DEPARTMENT CITY OF KENAI 210 FIDALGO ST. PHONE 283-7535 B 3296 DATE 1l ' 309S OWNEREE �IA V 1. S 661y C L C_ c3c),- 203 �3` 771 I ADDRESS 2S2.Sr &,,a Lit �_pon ZONING LOT llr,�f f BLOCK SUB 8or e5te,,e EmJ a f Iltt- 13?.j DISTRICT CONTRACTOR STATE ADDRESS LICENSE NO. DESCRIPTION OF WORK NEW ALTERATION L' ADDITION REPAIRS DEMOLITION ❑ OTHER C IF nTWFP CPF(-IFY PLUMBING ELECTRICAL BUILDING APPROVALS SIGNATURE DATE APPROVALS SIGNATURE DATE APPROVALS SIGNATURE DATE GROUND WORK ROUGH -IN FOOTINGS ROUGH -IN SERVICE FOUNDATION GAS PRESSURE TEST PANEL FRAMING DRAINAGE TEST WIRING MECHANICAL WATER TEST HEAT PIPE TEST INSULATION FINAL FINAL SHEETROCK TYPE OF STRUCTURE: HEIGHT: WIDTH: LENGTH:S USE OF STRUCTURE: y 0.�` 1 S6S%q� eXlS�lf^4 QGva2� LOT AREA: OFF STREET PARKING: FRONT -YARD SIDE -YARD REAR -YARD 20 YT FINAL PLAN CHECK FEE AMOIIN� / WATER: '� RIVATE CITY • SEWER: C/� IIVATE OCITY TOTAL VALUATION x140coo /09 NATURAL GAS: (DYES O NO • ELECTRICAL SERVICE AMPERAGE The undersigned ooplicont agrees to fully exonerate. irwemnay and save narm.ess me Otv or Kenai. Alaska from no au uo�ms a powri u a v� -,..- .•-. ,,.�.._.... -- -. clams or ocnons, hosed voon or passing our of damage ormwnes land ud�ng dsotnt io pesons or property coined by uswmad m c necnon w pimp a or the work for which this permit is issues. or by condirtons created thereby. and among other things, rf requesrea by the City of Kano.. to assume. w.ihoul es pence ro the and def nsi, ony ch cwim or adt s. BUILD G PERMIT EXPIR IF WORK AUTHORIZED IS NOT COMMENCED WITHIN 6 MO THS IF W RK IS PEN ED FOR A PERIOD OF 6 MONTHS. X J ZiL /LC.tq c DATE -36 -9�S SIGNATURE OR PERMITTEE OR AGENT --�,Luup Hood )pp � R /W so Aw ftI S 82'S3'30* E 302. �r Tib kw ;P� FOOD 55.14 p Pewr P* rt 0 o� o 6 W TRACT 4 N p 0 rn O `n SWAN SURVEYING P.O. Box 987, Soldotna, Ak. 99669 CUNNINGHAM PARK AS— UILI Eel at Ow fw1 *MAIM in , Sedgy 1' ..v D& W FM2 e PWP* ACT -A N BEA VER L00p S 100' Raw E 1 3OZ36 — - 2r-sa bowl a Par p& l � i Taw O .� 0404 W I � 1 09r N 9T e7 L W TRACT Taw Am �.�c N 4 NOTE : This survey Is subject to any facts i ` Iti OF iiK that may be disclosed by a full and accurate I I title search. 1 N 87'30'UO'r E 245.74 KENAI RIVER _Swan Surveying Michael Swan R.L.S. P.O. Box 98 7 • Soldoina. AK 99669 • (907) 262-1014 re. DALE sGEE / DnWH CNR !l`o ••v r 'r r, 3t I Nareby cerflly IAeI 1 Aeve performe a Moripages Inepecllon of Ins lo/lowln described properly "-' • � R f, %�/iCT S— ,g /�SE.S�ioE �O 1pcafed In the Kenai Recording District, Kenai. AK, and that f1e Improvements situated It —son era within -� a.^1 A. 5:ron a the property lines and do not overlap or encroach on the property lying adjacent Moral o, Mat no Improsw- ��'` �.• :.'. ��tlS 6S :^ •: ��� manh on property lying adjacent thentlo encroach on one Orsini.- In question and that there era no rood- fways, f,anemlallo nes orothar vlslhl'elapsa�ma on lsltlpoperly escopf as Mdlcalod hereon {�✓!a9`�OpR ... »• O�� t�JC� �d.yof �l� Dafeda Alasaa ibis �tSSIOKr�� AS -BUILT