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HomeMy WebLinkAbout1979-01-03 Council MinutesAGENDA V KENAI CITY COUNCIL, - REGtlf,AR MEETING JANUARY 3, 1070 - 7100 P.M, KENAI PUBLIC sAPP,TY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL • AGENDA APPROVAL 8. HEARING$ 1, Ordinance 455-70, Tidelands Ordinance 2. Ordinance 450.70, Dedication of tareclosad lands for public use and/or surplus fl, Ordinance 450-78, Amending the Personnel Regulations 4. Ordinance 460-701 Increasing estimated rwenues/aPproPriatlona in the amount of $2,344 - { C. PERSONS PRESENT SCHEDULED TO as HEARD I I D. NaluTEs 1. 11inutes of the regular meeting of December 20, 1070 E, CORRESPONDENCE I.i a 1fr, i Mrs, Ksarlss Wright - Claim far reimbursement for impoundrpant costs fncu 2. Greater Kenai Chamber of Commerce trod F. OLD BUSINESS f. Amendment to Aviation Consultants, Inc, -Lase of T�rmfnal spsc� 2. Kenai Utility Service ' �. Lease otAlr Corporation - Damage claims PM lsstds - Raven Transit O, NSW BUSINESS , 1, Bills to be paid - bills to be rstititd 21 Rtqulsitlans exceeding $500 i 3. Ordinance 460-711, Increasing sssrmated revenues/appropsfat... purchase of rsaeus equipment in the amount of $6,454 i t 4. Ordinance 461-70, Amending 1070 Kenai Municipal Airport Regulations 6, Ordinance 40240, Establishing y) Procedures for conducting tolsphmt , polls 6, Ordinance 403-70. incrsasfng rsvenuss/appsoprfatlons by $2,025 tot purchase radar equipment of { 1. Resolution 70-210, Resolution 70-215. Tsanster at funds for fnorssaed Cost of long distance telephone rates �. Transfer of funds for purchase of tool in of fire sngifts Rasolution 70-217. Authorizing adjustment Cf s neb ssin the Police Department 10, Resolution 70.210, Tranafir of funds W Of radar equipment �'' >dng abate for f. ptsrahaae 11, P.eroluftn 78-210, Accepting Grant in the amount of f3,126, Department of Public fiat 12, POISON$ to CH= Hill - Invoice Numbers 0002 and "03 KY i x2po trs 1, City manager — ', City Attorney y or 4. City Clerk - 5, Finance Director qw d. Planning i Zoning Commission 7. Mani Peninsula Borough Assembly 1 1, FBRil 5 PRESENT NOT SCHEDULED TO BE fiEAliD ADJOURNMENT I 1 - "- I KENAI CITY COUNCIL - REGULAR MEETING JANUARY 3, 1070 - 7: 00 P.M. e)KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Vince O'Reilly, Michael Beaman, flan Whelan, Phillip Aber► Edward Ambarian, Dotty Glick and Ron Malston, Absent: None AGENDA APPROVAL With Council consent, Mayor O'Reilly added his proposed letter to the Chamber of Commerce relative to the up -coming special election under itom E-1. B. HEARINGS B-1: Ordinance 4W78 Mayor O'Reilly read Ordinance 458-78 by title only. "An ordinance accepting conveyance 10 by the State of Alaska to the City of Kenai of tide and submerged lands lying seaward of the City; approving and adopting the official subdivision plat of the area conveyeds and establishing procedures by which preference rights may be exercised." MOTION: Councilwoman Glick moved, seconded by councilman Beaman, for adoption of Ordinance 455-78, Tidelands ordinance. Mayor O'Reilly opened the meeting to the public. Mr. Keith Johnson - stated that he was leasing a fishing site in the subject area and would object to certain excerpts within Ordinance 4W78 particularly in that the ordinance made no provisions for "grandfather rights". Mr.Johnson stated that he and two other individuals had met with the City Attorney relative to their suggested amendments and had advised Mr. Sehlereth that due to the extensive investment involved, they would greatly appreciate consideration to current lessees having "first right" for renewal of leases. Mr. Don Lucas - agreed with comments of Mr. Johnson and would also request that "grandfather rights" be addressed within the ordinance, There was no further public comment. City Attorney Bchlereth reiterated the history of the City obtaining the tidelands from the Otate and further requested that certain minor amendments be made to the ordinance prior to final adop►ios;. -Tv • --rrw , ;l January 3, 1070 - Page 2 i MOTION - AMENDMENT Councilwoman Glick moved, soeonded by Councilman Beaman, for amendment to Ordinance 455-78 as follows: Page 1, Section 2(f) delete ".....seaward of a Rurvoyod townsite...." and add ".....included in the conveyance to the City." Pago 24, Article III, Section 1, add ".....except as provided in Article 11." Page 26 - Section 4(A), fourth and fifth linos - delete the words ".....minerals or...." Pago 33, Section II, fifth and seventh linos and Section K(5), second line, change subsection "B" to "C" . Pago 33 - Section I, sixth lino - change subsection "C" to "D". Motion passed unanimously by roll call vote. City Attorney Schloroth requested that adoption of Ordinance 455-78 be tabled until the next meeting of Council to enable him to meet with the fishermen who wished consideration ! of their amendment relative to the "grandfather rights". MOTION - TABLE ,1 Councilman Ambarian moved, seconded by Councilwoman Glick, that Ordinance 455-78 Tidelands, be tabled, Motion passed unanimously by roll call vote. B-2s Ordinance 450-78 j Mayor O'Reilly read Ordinance 450-70 by title only, "An ordinance declaring certain lands foreclosed by the Kenai Peninsula Borough and deeded to the City of Kenai as dedicated for public use and/or surplus to the needs of the City and amending Ordinance 312-79 to provide for written notice to former owners of said parcels pursuant to State Statute." MOTION: Councilman Wholan moved, seconded by Councilwoman Glick, for adoption of Ordinance 488-78, foreclosed lands, Mayor O'Reilly opened the hearing to the public. There was no comment. City Attorney Sehloreth requested that consideration be given to the proposed amendments , to the ordinance as contained within his report. _ MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilwoman Glick, to amend Ordinance 458-79 as follows; Page 3 - Seaticn 4(a), first line, delete the word "the" at the end of the line and add "whether". Hama paragraph, third line, delete "and" after A$ 29, 53.360. �- Pago 3, Section 4, repurchase by record owners, Subsection (a), delete all references to "Borough", Page 4 - add third reading dated January 17, 1079 and change the effective -= date to February 17, 1079, Motion passed unanimously by roll call vote. I • I i i II 77� mo -'1 rl ,.ir'.. y... .c i.`I,r n •. .-T •-r - � _ , - )r- - r.l., Jam' �� fi Z _ January 3, 1979 - Pago 3 MAIN, AS AMENDED: � Passed unanimously by roll call vote, ' D-3: Ordinance 458-78 Mayor O'Reilly read, Ordinance 488-79 by title only. "An ordinance amending the Personnel Regulations and in particular Ord, No. 414-78, Clatodfiaation Plan." MOTION: Councilman Seaman moved, seconded by Councilman Ambarian, for adoption of Ordinance 458-78, amending the Personnel Regulations. Mayor O'Reilly opened the meeting to the publia. There was no comment. L City Manager Wise advised that this would rovisc the class code rating for the position of Recreation Director. QUESTION: Motion passed unanimously by rall call vote. D-4: Ordinance 459-78 Mayor O'Reilly read Ordinance 459-78 by title only. "An ordinance incroasing estimated revenues and appropriations in the 1978-79 General Fund Budget by $2,344." MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 459-78, increasing estimated revenues and appropriations in the General ' Fund by $2,344. Mayor O'Reilly opened the hearing to the public. There wan no comment. City Manager Wise advised that the Criminal Justice Planning Agency had awarded a grant to enable Officer Cordl© to attend the Drug Fnfcreoment Administration School. E QUESTION: Motion passed unanimously by roll call vote, C. PERSONS PRESENT SCHEDULED TO HE HEARD j None D. MINUTES --`D-1: Minutes of the regular meeting of December 20, 1978. *00 Approved as distributed E. CORRESPONDENCE E-1: Mr, and Mrs. Kearlee Wright I J !` r- Y_ _ ..i. 1 January 0, 1070 - Page 4 City Manager Wise advised that Mr. and Mra. Wright have requested reimbursement in the amount of $71.60 for towing charges incurred when they loft their auto off the side of the road to await removal of the auto when the roads were sanded, City Manager Wise presented Council with a memorandum with statements from the officer who had the vehicle impounded as his reasoning was that the automobile created a hazard to traffic. City Manager Wise recommended disapproval of the Wright's request. MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, that the City Manager and/or City Attorney respond to the claim by stating that it was the fooling of Council that the officer acted in a reasonable manner and, therefore, the Wright's claim in the amount of $71, 60 be hereby denied, Motion passed unanimously by roll call vote. E-2: Lottor to Chamber of Commerce Mayor O'Reilly submitted a proposed letter to the Chamber of Commerce that will be reprinted in the quarterly newsletter requesting the Chamber membership's assistance in the upcoming special election scheduled for February 19, 1979. Council concurred that the letter be sent and requested that the City Attorney contact the Alaska Public Offices Commission to insure that the City will not be in violation of any state law concerning elections and campaigns. OilP. OLD BUSINESS F-I., Amendment to Aviation Consultants, Inc. lease of terminal space Mayor O'Reilly advised that a committee had been appointed to meet with the owners of ACI and the committee voted two to one to approve the proposed amendments to the lease. Mayor O'Reilly further advised that this amendment would allow ACI to operate "an office space and operation of a toad servico and cocktail lounge and accessory uses", eliminate reference to "fast" in "first-class test food" and change hours of operation in the food service - 10:00 a.m. to 9:00 p.m and the Cocktail lounge - 10: 00 a.m. to U., 00 p.m., obtain any necessary approval from the ARC Board relative to design change to the facility and "nothing in the lease or amendment shall be constructed to interfere with the City's or lessee's use of vending machines. Mayor O'Reilly further commented that the amendment to the lease would prohibit the use of the facilities by minors not accompanied by adults. Councilman Ambarian stated that as a member of the committee, he would recommmd approval of the amend- ments so that matter could be resolved without further delay. Councilman Whelan stated that as a member of the committee he had voted for the amendments with reservations, iwwever, felt that the City now had the right to install a fast-food service should the need arise and could also now install vending machines. Mayor O'Reilly advised that he had voted against the amendments at the committee meeting was that the City was now in the position wherein the best service that they could otter travelers through the terminal would be the vending machines and feel the intent of original contact with ACI to serve the traveling public had been greatly altered. January 3, 1979 - Page S MOTION: Councilman Ambarian movod,seconded by Councilman Whelan, for approval of amendments to loaso of terminal space for Aviation Consultants, Inc. Councilman Nekton stated that the Council must keep in mind that it must be determined what responsibility the City had relative to providing food service in the terminal -- whether it be a "dinner house", night club or to serve the traveling public. Councilwoman Glick stated she felt that the City's responsibility was to serve the traveling public and commented that one of the original proposals from ACI to lease space in the terminal was the servo the "gonoral public and to be in accordance with the airline schedule." Councilwoman Glick further commented that ACT only operated the "fast food" service for approximately 8-1/2 months before they shut down and Councilwoman Glick questioned whether or not the now proposal would offer finanoial stability? QUESTIONS Motion passed by roll call vote. Voting yes; Seaman, Whelan, Aber and Ambarian. -- Voting no; O'Reilly, Glick and Malston. P-2s Kenai Utility Service Corporation Relative to KUSCO's claim in the amount of $078.85 for damages, City Attorney Sehleroth advised that Mr. Thomas, representing KUSCO, stated he would remain adamant in their claim against the City. City Attorney Schloreth advised that if the matter should be referred to the Courts, the contractor, City, at al may have to be �? involved. Councilman Aber advised that KUSCO had boon requested to locate the line by the City and the contractor, in excavation, damaged the line as there had been an undetermined curve in the line that no one was aware of and Councilman Aber commented that it would appear the City is caught in the middle between the contractor and the utility company. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that the City approve the claim for damages incurred in the amount of $679.85 to Kenai Utility Service Corporation. Councilman Ambarian stated he would veto against the motion as he felt the City should not be held responsible for the resultant damages. QUESTION: Motion failed unanimously by roll call vote. P-3: Lease of Airport Lands - Raven Transit City Manager Wise advised that Raven Transit had not returned the lease document to -=' the City for presentation to the Council. G. NEW BUSINESS -1: Bills to be paid - bills to be ratified MOTION,, Councilman Whelan moved, seconded by Councilwoman Glick, for approval of s: J 1 i January 3, 1070 - Page 6 bills to be paid and bills to be ratified as listed this elate. Motion passed unanimously by roll call vote. G-2: Requisitions exceeding $500 MOTION: Councilman Malston moved, seconded by Councilman Whelan, for approval of requisitions exceeding $500. Motion passed unanimously by roll Ball vote. 0-31 Ordinance 400-78 Mayor O'Reilly read Ordinance 400-78 by title only. "An ordinance increasing estimated revenues and appropriations in the General Fund in the amount of $5,454 for the purchase of special rescue equipment." MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for introduction of Ordinance 460-78, increasing estimated revenues and appropriations in the General Fund in the amount of $5,404. Motion passed unanimously by roll call vote. 00-4: Ordinance 461-78 Mayor O'Reilly read Ordinance 461-78 by title only. "An ordinance amending the 1076 Kenai Municipal Airport Regulations. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for introduction of Ordinance 481-70, amending the 1076 Airport Regulations, Councilman Ambarian stated that he would like to see the problem of parking for the handicapped addressed within the ordinance prior to final reading as well consideration should be given to adjusting the hours of parking in the Short Term Parking Area (5.013) . ,y i -- MOTION - AMENDMENT Councilman Malston moved, seconded by Councilman Ambarian, for amendment to Section 1, (5,013) to change hours of parking from M. 00 a.m, to 2:00 a.m. and ' prohibit parking from 2: 00 a.m, to 6: 00 a.m. .A Motion passed unanimously by roll call vote. MAIN, AS AMENDED: Passed unanimously by roll call vote. f' .p January 3, 1079 - Page 7 G-8: Ordinance 462-78 Mayor O'Reilly read Ordinance 462-78 by title only. "An ordinance amending the Kenai Code by establishing a procedure for conducting telephone polls of the City Council". MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance 462-78 with the following amendments: Section 7-40.1(A) -add ".....purchase budgeted supplies....." and A-2 shall read: "authorize purchases for emergency supplies and repairs, grant applications, accept bids, transfer funds for the budgeted items to accomplish the foregoing." Add under (R) "In all cases the designated employees shall make a reasonable attempt to contact all Council members. A 2/3 majority of all Council members polled shall be required for telephone poll authorization. If the telephone poll fails, the matter shall be considered as an agenda item at the next regularly scheduled Council meeting. MOTION - AMENDMENT Councilman Whelan moved, seconded by Councilman Seaman, that the ordinance be further amended under Section 7-40.1(A) ".....in excess of$800 if the need is critical in his estimation, ...... . Motion passed unanimously by roll call vote. MAIN, AS AMENDED 0 Passed unanimously by roll call vote. G-6: Ordinance 463-78 Mayor O'Reilly read Ordinance 463-78 by title only. "An ordinance increasing estimated revenues and appropriations in the 1978-79 General Fund Budget by $2,028 for the purchase of radar equipment." MOTION: Councilman Whelan moved, seconded by Councilman Seaman, for introduction of Ordinance 463-78, increasing revenues/appropriations for purchase of radar equipment. Motion passed unanimously by roll call vote. G-7., Resolution 78-216 Mayor O'Reilly read Resolution 78-215, transferring funds in the amount of $2,000 into the City Attorney budget ($1,000) and Public Works Administration budget ($1,000) to provide additional funding required for increased cost of long distance telephone rates. MOTION: A': 'N Councilwoman Glick moved, seconded by rouneilman Malston, for adoption of Resolution 78415, transfer of funds in the amount of $2,000 for increased long distance telephone rate costs. Mayor O'Reilly opened the meeting to the public. There was no comment. h �� 1 January 3, 1878 - Page 8 QUESTION: Motion passed unanimously by roll call vote. '+ O-8: Resolution 78-210 Mayor O'Reilly read Resolution 78-216 - transferring; funds in the amount of $250 within the Piro Department Budget to provide better equipment for the tool kits in the fire engines. MOTION: Councilman Whelan moved, seconded by Councilman Malstan, for adoption of Resolution 78-216, transfer of funds in the amount of $250 for Fire Department equipment. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. 0-0: Resolution 78-217 Mayor O'Reilly read Resolution 78-217 by title only. "A resolution authorizing an adjustment in manning levels in the Kenai Police Department." C:IViOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Resolution 78-217, adjusting manning levels in the Kenai Police Department. Mayor O'Reilly opened the meeting to the public. There was no comment. City Manager Wise advised that the Police Chief had requested the adjustment in order to provide an additional Police Sergeant to aid in relieving the Lieutenant of duties that could be readily fulfilled by a Sergeant. _ QUESTION: Motion passed by roll call vote with Councilman Malston voting no. 0-10: Resolution 78-218 Mayor O'Reilly read Resolution 78-218 - transferring $875 within the Police Department Budget to provide the City's matching share of 25% of $2, 700 toward the purchase of radar equipment. MOTION: Councilman Whelan moved, seconded by Councilman Saaman, for adoption of s . Resolution 78-218, transferring funds within the Pollee Department in the amount Of $675. �f t i ;' li;W ,art:- _ ra - . I January 3, 1070 - Pap 0 1 Mayor O'Reilly opened the meeting to the public, There was no comment. QUESTION: Motion passed unanimously by roll call vote. 0-11: Resolution 78-210 I Mayor O'Reilly road Resolution 78-212 by title only, "A resolution accepting a grant otter from the State of Alaska, Department of Public Safety for $3,128." MOTION: Councilman Whelan moved, seconded by Councilmen Seaman, for adoption of Resolution 78-219, accepting grant offer from State Department of Public Safety for $3,129. f Mayor O'Reill Y y opened the mooting to the public. There was no comment. � QUESTION: Motion passed unanimously by roll call veto. 0--1:: Payments to CH2N1 Hill y MOTION: Councilman Ambarian moved, seconded by Councilman Seeman, for approval of invoice 0002 in the amount of $4,500 and invoice 9603 in the amount of $4,000 to CH2M Bill. Motion passed unanimously by roll call vote, � H. REPORTS ILH-1: City Manager ` ' (a) City Manager Wise advised that the City had received a legal description of land being requested (Section 30) and it involved approximately 307 acres. i (b) Serendipity - lease has been signed and will be forwarded to the City shortly, S (a) Kilmer concept lease application - advised agent for Mr. Kilmer that appraisal has been set on the land across from the Katmai and requested whether or not Mr. Kilmer wished to proceed, —' (d) First Federal con cept lease application -sent certified letter to First Federal - asking it they wished to proceed with their lease application, City requested response within two weeks or First Federal will lose their first right of refusal. January 3, 1070 - Page 10 r i MAYOR & COUNCIL - QUESTIONS 4 COMMHNTR Councilman Ambarian recommended that the Public works committee from Council sot a meeting for Thursday, Janury 11th at 7: 00 p.m. at which time the proposed sketches for the arctic doors for the Terminal Building could be reviewed among other items on the agenda. Councilman Ambarian inquired as to the reasoning, for drainage of the float plono basin and was advised by City Manager Wiso that ho directed Public Works to drain the basin in the hopes that overflow and drainage problems to the adjacent residential area will be alleviated. Councilman Aber inquired if sketches of the additions to the animal shelter and shop 1 would be available for the public works committee to review at the Thursday meeting and was advised by City Manager Wise that they would not be available at this time, - Councilman Aber advised that the now tank was in dire need of repainting and would suggest that Administration look into contracting for painting of the entire structure rather than just making "patch repairs". Councilman Malston inquired if the Administration had received word from the Army Corps of Engineers relative to their assisting in the bluff study situation. Mr. Wiso advised he had boon talking with a representative from the Corps who advised they were looking into running a study and could commit themselves to funding of $5,000. City Manager Wiso also advised that Gail Glad had reported to the City that a large amount of the bluff had sloughed away adjacent to their office structure -- City Manager Wise stated that a study shall have to be done in order to take proventativo action. r Councilman Malston inquired as to the status of the proposal for the bluff area at the and of Forest Drive adjacent to Redoubt SubdivislAm and City Manager Wiso advised that Carmen Gintoli had prepared a proposed sketch with the assistance of Phil Bryson and Craig Freas, Councilman Malston requested that Mr. Ginteli make a presentation at the nerd meeting of Council. 11-2: City Attorney No report 11-3: Mayor Mayor O'Reilly advised that at the meeting of Council and Chamber of Commerce Board of Directors that several items of legislative priorities were discussed among which the Chamber Board requested that a representative from the City attend the weekly board meetings. Mayor O'Reilly advised that the City Manager had attended — - in the past, however, aftet, passage of the ordinance dealing with the powers and duties of the City Manager, there was some question as to the authority of the City Manager representing the City at such meetings. Mayor O'Reilly advised that the City Attorney -� had reviewed the ordinance and stated that the Council can authorize the City Manager to participate. w i 'i _. If January 3, 1079 - Pago 11 Council unanimously concurred that the City Manager represent the City and participate on the Board of Directors of the !beater Kenai Chamber of Commerce. Mayor O'Reilly reported that he attended a mooting that had boon called by the Soldotna City Attorney in which the Borough Mayer, City Manager, Mayor O'Reilly and representatives of the City of Soldotna wore in attendance. Mayor O'Reilly stated that the meeting concerned the Borough Water Ordinance, City Manager Wise advised that it was the fooling of the group at the meeting that the ordinance wax very vaPue and did not point out what the service area districts could or could net do. City Manager Wise stated that certain issues within the ordinance should be clarified -- such as could Cities opt out, would the service areas be put in a position to have to raise funds to buy out existing systems, ate. Councilman Ambarian stated that he felt those comments wore premature as the ordinance has been referred to committee for in-depth review and consideration. Mayor O'Reilly rominded Council that the State Division of Lands would hold their public meeting January Uth at Kenai Central High School. Mayor O'Reilly also reported that the Mayor's Council on Aging will be holding a meeting January 8th at Ft. Kenay at which time Councilwoman Glick's report on the senior citizen housing complex will be discussed. Mayor O'Reilly asked Council to submit names of persons to serve on the newly formed land committee. H-4: City Clerk No Report 11-4: Finance Director No Report U-8: Planning & Zoning Commission Held no meeting since last meeting of Council 11-7: Kenai Peninsula Borough Assembly Councilman Ambarian reported that at the meeting of January 2nd, the Assembly approved Ord. 70-47, rezoning of Lots 1 through 6, Block 1, Bush Lanes S/D from suburban residential to general commercial. The Assembly also approved Ord. 79-1 for hearing which pertains to the rezoning of the Lee Glad parcel of property located on Spruce. Councilman Ambarian advised that George Day and Dr. John Wilsey gave a public presentation on the Komi Peninsula Community College and Mayor's Memo 79-40 dealing with a fire service area in Ridgeway was referred to the Local Affair's Committee and a public hearing will be set asking for input from the residents of the area. Councilman Ambarian reported that Res. 70-1, relative to the proposal to "k Congress to rescind the Executive Order of the President invoking the Antiquities oa�,. January 3, 1070 - Page 12 Act, a large group of citizens supporting the issue made public presentations, however, the Assembly referred the matter to the Attorney to work on the language, etc. of the resolution, I, PERSONS PRESENT NOT SCHEDULED TO BE HEARD None ADJOURNMENT Thore being no further business to be brought before Council, the meeting adjourned at IOs 10 P.M. Respectfully submitted, (-, e12- (-;) /" - M C. Peter, City Clerk j 1 ti 'i I w I, j I i