HomeMy WebLinkAbout1979-02-07 Council MinutesKENAI CITY COUNCIL - REGULAR MEETING
FEiiRUAltY 7, 1070 - 7; 00 I'.M.
KENAI PUBLIC EAFF.TY BUILDING
PLEDGE OF ALLEGIANCE V
A.
ROLL CALL
AGENDA APPROVAL
B.
HEARINGS
1. Ordinance 455-79 - Tidelands
2. Ordinance 462-70 - Telephone Poll Procedures
2. Ordinance 404-79 - Purchnsing Procedures
4. Ordinance 405-79 - Uncolloctible Ambulance Accounts Receivable
S. Ordinance 400-79 - Facilities Plan
S. Ordinance 407-79 - Payment of Taxes on Foreclosed Lands
7. Ordinance 40849 - Library Donations
9. Ordinance 469-79 - Airport Way Newer Line
9. Renewal of Beverage Dispensary License - Sheffield House of Kenai
10. Application for now Club License - American Legion Post #20
C.
PERSONS PRESENT SCHEDULED TO RE HEARD
1. Doris Lashley (Sea Catch) - Purchase of City Lands
D.
MWTES
1. Minutes of the Regular Meeting of January 17, 1979
E.
CORRESPONDENCE
1. Letter from Mayor O'Reilly to Alaska State Senator Clem Tillion
2. Hansen Rentals - Office Space for City of Kenai
2. OEDP - Airport Statistics
4. xsnny Carver - Lease Payments
F.
OLD BIISBUSS
1. Ropes Lease Amendment
a.
NEW BUSINESS
1. Sills to be paid - bills to be ratified
2. Requisitions exceeding $500
S. Ordinance 470-79 - Capital Projects "Fire Reservoir" a "Fire Reservoir a Other Water
System Improvements"
4. Ordinance 471-79 - Increasing estimated revenues/oppropristions by $2,500
Airport Terminal Enterprise fund budget
S. Ordinance 472-70 - Amending Kenai Code pertaining to Its" of Airport Lands
S. Ordinance 472-79 - Amending Kenai Code/penalties under Fire Code
7. Ordinance 414-79 - Establishing an Advisory Harbor Commission for the City of Kenai
S. Ordinance 475-79 - Dedicating interest revenues to retirement of 1907 0.0. Bonds
10. Resolution 79-4 - Accepting grant offer from DEC in the amount of $16,150
U. Resolution 79-5 - Transfer of funds within special revenue fund "State Jail Contract"
32. Resolution 79-6 - Transfer of funds within Street Budget for cleaning of coveralls
39. Resolution 79-7 - Authorizing/rejecting the selling of one shallow well building
14. Resolution 79-0 - Transfer of funds within General Fund Budget - street lighting repair
IS, Resolution 7" - Award of bids for mkilla/recording equipment - Council Chambers
16. Request for amendment for engineering services - Harold Galtieit
17, Leate of City Owned Lends - Sea Catch
10. Maintenance Contract for ENTRAC System - Motorola
19. Payment to CH2% Hill - Wastewater Facilities Plan
20. Payments to Coopers a Lybrand - Annual Audit FY Ending June 20. 1978
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21, Appliraticns for Permit for Authorized Games of Chance a Skills
National Federation of the Blind. Holy Assumption of the Virgin glary Russian Orthodox
Church, Kenai Civil Air Patrol , Kenai Elks Lodge BPOE $2425, Kenai Art Guild, and
Kenai Central High School (ratification)
22. Contract with architect Carmen Gintol i- r4difieatlons to Airport Terminal
H.
REPORT$
1. City Manager
2. City Attorney
2, Mayor
4. City Clerk
6. Finswo! Director
S. Planning a Zoning Commission
7, Kenai Peninsula Boroagh Assembly
1.
PERSON$ PRF IfT NOT SCHEDULED TO 99 HEARD
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KENAI CITY COUNCIL - REGULAR MEETING
rIBRUARY 7,1979 - 7: 00 P. M.
i%ENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Phillip Aber, Edward Ambarian, Betty Glick, Pon malston, Vincent
O'Reilly, and Michael floaman
Absent: Dan Whelan
AGENDA APPROVAL
Councilwoman Glick requested that item 0-9, Resolution 70-1 be deleted until
Councilman Whelan is in attendance. Council so concurred and the agenda stood
as corrected.
B. HEARINGS
B-I-. Ordinance 455-78, Tidelands
City Manager Wise requested that the matter of Ordinance 455-78 continue to be tabled
until the latter part of March at the earliest to allow time for roceipt of the Attorney
General's Opinion and re -writing of those pertinentparts of the ordinance,
Council so concurred that the matter of Ordinance 455-78 remain tabled.
B-2.- Ordinance 402-78
Mayor O'Reilly read Ordinance 402-78 by title only. "An ordinance amending the Kenai
Code by establishing a procedure for conducting telephone polls of the City Council"
MOTION:
Councilwoman Glick moved, seconded by Councilman Beaman, for adoption of
Ordinance 462-78, telephone polls.
Mayor O'Reilly opened the meeting to the public. There was no comment,
QUESTION:
Notion passed unanimously by roll call vote.
11-3: Ordinance 484-79
Mayor O'Reilly read Ordinance 4W70 by title only. "An ordinance amending the Kenai
Code relative to the purchasing procedures of the City,
MOTION:
Councilman Beaman moved, seconded by Councilwoman Glick, for adoption of
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Ordinance 464-79, purchasing procedures
Mayor O'Reilly opened the meeting to the public. There was no comment.
QUESTION:
Motion passed unanimously by roll call vote,
B-4: Ordinance 465-79
Mayor O'Reilly read Ordinance 465-79 by title only, "An ordinance increasing
estimated revenues and appropriations in the 1978-79 General Fund Budget by $3,571
and authorizing the write-off of uncolleetible ambulance accounts receivable."
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Ordinance 465-79, uncollectible ambulance accounts receivable.
Mayor O'Reilly opened the meeting to the public. There was no comment.
QUESTION:
Motion passed unanimously by roll call vote.
B-5: Ordinance 400-79
40 Mayor O'Reilly read Ordinance 400-79 by title only, "An ordinance increasing estimated
revenues and appropriations by $30,500 in the Capital Project fund entitled "Kenai
Sewerage Project No. C-02007701011 Facilities Plan."
MOTION:
Councilman Seaman moved, seconded by Councilwoman Glick, for adoption of
Ordinance 4W79, Facilities Plan.
Mayor O'Reilly opened the hearing to the public. There was no comment.
QUESTION:
Motion passed unanimously by roll call vote.
B-6: Ordinance 467-70
Mayor O'Reilly read Ordinance 467-79 by title only. "An ordinance increasing
estimated revenues and appropriations by $3,315 in the Capital Improvement Special
Revenue Fund, and authorizing the payment of taxes due on foreclosed lands dedicated
for public purposes."
MOTION:
Councilwoman Glick moved, seeconded by Councilman Beaman, for adoption of
Ordinance 407-79, authorizing payment of taxes due on foreclosed lands.
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Finance Director Charles Brown requested that the ordinance be Amended to include
the following amendments: Delete under Parks a Recreation (Pnreel 039-036-0100)
and add Parks i Recreation, Parcel 047-093-0200 - $30.95 And Fire Station - Parcel
041-OW0330 - $170.63. Thus, changing the totals to $2,975.10.
MOTION - AMENDMENT
Councilwoman Glick moved, seconded by Councilman Seaman, for amendment to the
Ordinance to include those additions and deletions as requested by the Finance Director,
Mayor O'Reilly opened the hearing to the public. There was no comment.
QUESTION:
Amendment passed unanimously by roll call vote.
MAIN, AS AMENDED
Passed unanimously by roll call vote.
B-7: Ordinance 4W79
Mayor O'Reilly read Ordinance 4W79 by title only. "An ordinance increasing estimated
revenues and appropriations by $522 in the 1978-79 General Fund Budget."
MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman, for adoption of
10 Ordinance 4W79, increasing estimated revenues and appropriations by $522, library
donations.
Mayor O'Reilly opened the hearing to the public. There was no comment.
QUESTION:
Melon passed unanimously by roll call vote.
8-8: Ordinance 400-79
Mayor O'Reilly read Ordinance 469-79 by title only. "An ordinance establishing a Capital
Project Fund entitled "Airport Way Sewer Line" and increasing estimated revenues and
appropriations in that fund by $287,000."
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Ordinance 469-79, Airport Way Sewer Line Project,
Mayor O'Reilly opened the meeting tc, the public. There was no comment.
QUESTION:
0 Passed unanimously by roll call vote.
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t9: Renewal of Beverage Dispensary License - Sheffield Tlauso
B-10: Application for New Club License - American Legion Poet #20
City Clork Sue Peter advised that all taxes were current for the above -mentioned
applicants.
MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman, that a letter of non-objeotion
be prepared by the City Clork for submission to the Alcoholic Beverage Control Board
for the above referenced applicants.
No objeotion
C. PERSONS PRESENT SCIiEDULED TO BE HEARD
C-1: Doris Lashley
Mrs. Lashley was not present to be heard
D. MINUTES
D-Is Minutes of the regular meeting of January 17, 1079
0 Approved as distributed
E. CORRESPONDENCE
E-is Letter from Mayor O'Reilly to Senator Clem Tillion
Mayor 00WIly advised that this letter is in response to the letter sent from the Mayor
of Seldovis to Senator Clem Tillion relative to the replacement of the Tustemena and
the City's support. Council concurred that the letter should be sent.
E-2: Hansen Rentals
Council acknowledged receipt of a letter from Peter Hansen, M.D. in which Dr. Hansen
advises that 10,000 square feet of space would be available to the City for lease in
the BENCO Building for utilization as a City Hall.
Councilman Ambarian requested that the letter be referred to the Public Works Committee
from Council as that Committee is currently working on a priorities list and office
space is among them.
E-1 OEDP - Airport Statistics
City Manager Wise advised that Michael Brogan from AP,DP had written his office requesting
statistics and data relative to the Airport, Mr, Wise recommended that the City amend
the Airport Regulations to includo this requirement and provide that the information
will be regarded as confidential and released only in "aggregate" form.
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Councilman Ambarian stated he felt that the City should not be involved in compiling
n the information and felt that Mr. Brogan should contact the Airport users direetly.
Council concurred and Administration was directed to advise the office of OEAP of such
Council action.
E-4: Kenny Carver
Mr. Carver of Carver Drilling and a lessee of Airport Lands, requested Council consideration
of payment plan for his lease as he is unable to pay the full amount at this time.
MOTION:
Councilwoman Glick moved, seconded by Councilman seaman, to direct Administration
to work with Mr. Carver to come up with a revised payment schedule.
Councilman Ambarian stated that he could sympathize with Mr. Carver's plight, however,
if there is a cash flow problem, Mr. Carver should make other arrangements as the
City cannot make a precedent in allowing one lessee the privilege of adjusting his lease
payment and not the others.
Councilman Malston stated that he too would agree that Mr. Carver make other arrangements.
Councilman Aber stated he would not wish to set a precedent , however, since the City
is in the land business, the City should make some effort to work with the lessees.
QUESTION:
Failed by roll call vote. Voting no; Ambarian, Glick, Malston, O'Reilly and Seaman.
Voting you; Aber
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, that Administration
be directed to contact Mr. Carver requesting him to provide the City within the next
thirty days a plan by which he can pay his lease.
Motion passed with Councilmembers Malston and O'Reilly voting no.
E-5: Letter to Wien
Mayor O'Reilly ,submitted a letter to be sent Wien Alaska endorsing their proposal to
provide Kenai to Seahle direct flights. Council concurred that the letter be sent.
E-8: Resolution from Chamber of Commerce
Mayor O'Reilly acknowledged receipt of a resolution from the Greater Kenai Chamber of
Commerce relative to the food service in the Airport Terminal.
MOTION:
Councilman Ambarian moved, seconded by Councilman Seaman, that the City acknowledge
receipt of the resolution from the Chamber.
Councilwoman Glick stated that the matter contained within the resolution 'nsd been discussed
at the joint meeting of the Chamber Hoard and the Council and it was the consensus of the
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group that there to a serious problem existing in the Airport Terminal due to the look
f-'N of a fast food service to serve the pencral public. Mayor O'Reilly requested that Councilman
Ambarian assume the chair.
Mayor O'Roilly stated he felt somewhat reluctant in taking any action on the resolution this
evening until such time all parties involved have boon advised that the Council would be
considering the resolution in a public meeting,
Mayor O'Reilly requested that the matter be included on the next agenda and instructed
the City Clerk to so advise all parties involved.
QUESTION:
No objection
F. OLD BUSINESS
F-Is Roper Lease
City Manager Wise reported that Mr. Roper had net had the opportunity to review the
amendment and would, therefor, request that the matter remain tabled.
0. NEW BUSINESS '
�l: Bills to be paid - bills to be ratified
MOTION:
Councilwoman Glick moved, seconded by Councilman Beaman, for approval of bills to be
paid and bills to be ratified as submitted this date,
Motion passed unanimously by roil call vote.
0-2s Requisitions exceeding $600
MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman, for approval of requisitions f
exceeding $500,
Motion passed unanimously by roll call vote.
a -a: Ordinance 470-79
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Mayor O'Reilly read Ordinance 470-79 by title only, "An ordinance of the Council rescinding
Ord. $00-77 establislsing a Capital Project Fund entitled "Fire 'Reservoir" and establishing
a Capital Project Fund entitled "Fire Reservoir and other rater System Improvementsl'
-*JOTION:
�d Councilman Malston moved, seconded by Councilwoman Glick, for introduction of
Ordinance 470-79, "Fire Reservoir'
Motion passed unanimously by roil call vote.
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r'*�4s Ordinance 471-70
Mayor O'Reilly read Ordinance 471-79 by title only. "An ordinance increasing estimated
revenues and appropriations in the 1078-79 Airport Terminal Enterprise Fund Budget by
$2,500."
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 471-79, Increasing estimated revenues/appropriations in the Airport Terminal
Fund Budget.
Motion passed unanimously by roll call vote,
0-5s Ordinance 472-70
Mayor O'Reilly read Ordinance 472-79 by title only. "An ordinance amending the Kenai
Code of 1063, as amended, as it pertains to the leasing of Airport Lands,"
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 472-79, amending the Code as it pertains to lease of Airport lands.
Motion passed unanimously by roll call vote.
T-7-as Ordinance 473-19
Mayor O'Reilly read Ordinance 473-79 by title only. "An ordinance amending the 1983
Kenai Code as amended as it concerns the penalties provision under the Fire Code."
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for introduction of
Ordinance 473-79, amending the Code as it pertains to the Fire Code,
Motion passed unanimously by roll call vote.
0-7: Ordinance 474-79
Mayor O'Reilly read Ordinance 474-70 by title only. "An ordinance establishing an
Advisory Harbor Commission of the City of Kenai,"
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 474-79, establishing an Advisory Harbor Commission ,
Motion passed unanimously by roll call vote.
ka-1$: Ordinance 475-79
Mayor O'Reilly read Ordinance 475-70 by title only. "An ordinance dedicating interest
revenues from City investments to the retirement of 1967 General Obligation Bonds,"
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MOTION:
r Councilwoman Glick moved, seconded by Councilman Ambarian, for introduction of
Ordinance 475-79, dedicating interest revenues.
Motion passed unanimously by roll call vote.
G-9: Deleted
0-10: Resolution 79-4
Mayor O'Reilly read Resolution 79-4 by title only. "A resolution of the Council accepting,
a grant offer from the State of Alaska, Department of Rnvironmental Conservation for
$10,150."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Reaman, for adoption of
Resolution 79-4, accepting a grant from DEC in the amount of $18,150.
Motion passed unanimously by roll call vote.
0-11: Resolution 7"
Mayor O'Reilly read Resolution 79-5, transferring monies in the Special Revenue Fund
entitled "State Jail Contract" from Miscellaneous - $1, 000 to Printing s Binding - $190
and Machinery L Equipment - $810 to allow for copying costs in the Jail Facility and
for the purchase of a new typewriter.
Finance Director Charles Brown requested that the resolution be amended to include
an additional 450 for office supplies.
MOTION:
Councilman Malston moved, seconded by Councilman Seaman, for adoption of
Resolution 79-5 and adding $150 for Office Supplies.
Motion passed unanimously by roll call vote.
0-12., Resolution 79-6
Mayor O'Reilly read Resolution 79-0, transferring monies in the 1978-79 General Fund
Budget from Streets -Repairs a Maintenance !Supplies ($750) to Streets - Miscellaneous -
$750 to provide funds for cleaning of coveralls for the remainder of this fiscal year in the
Street Department.
Mayor O'Reilly opened the meeting to the public. There was no comment.
�1P.STIAN:
Motion passed unanimously by roll call vote.
0-13: Resolution 79-7
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Mayor O'Reilly read Resolution 79-7 by title only. "A resolution (authorizing/rejecting)
the selling of one shallow well building and related items to Wayne Casey for a price
of $400."
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 70-7, rejecting( the bid as submitted.
It was the concurrence of Council that the amount bid was too low for the onto of the
building.
Mayor O'Reilly opened the meeting to the public. There was no comment.
QUESTION:
Motion passed by roll call vote with Councilman Beaman voting no.
0-14: Resolution 79-8
Mayor O'Reilly read Resolution 79-8, transferring monies in the amount of $90
from contingency to Street Lights Repair a maintenance to fund repairs made by Inlet
Instruments and Controls at Wildwood Corner.
ION:
Councilwoman thick moved, seconded by Councilman Malston, for adoption of
Resolution 7" transferring monies in the amount of $00 to fund repairs of lights.
Mayor O'Reilly opened the meeting to the public. There was no comment.
QUESTION:
Motion passed unanimously by roll call vote.
0-15: Resolution 79-0
Mayor O'Reilly read Resolution 79-9 by title only. "A resolution authorizing the award
of bid for a sound reinforcement system for the Council Chambers located within the
Kenai Public Safety Building."
City Clerk Sue Peter advised that three different firms submitted bids for the audio/recording
equipment, however, the bids wore somewhat varied and ranged in price from $4,000
to $13, 000. City Clerk Peter recommended that a committee from Council review all the
bids submitted and make a recommendation for the purchase of the equipment,
Councilman Ambarian suggested that the Public Works Committee from Council review the
bids and recommended meeting February 13th at 7:00 p.m. to discuss this item along
with others,
MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman, to table the matter of
Resolution 70-9,
Motion passed unanimously by roll call vote.
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G-16: Amendment to engineering contract
City Manager Wise reported that Council authorized the additional engineering work
on the Tank (Water P.^servolr) project some time ago and this was an amendment to
the engineer's contract with the City.
MOTION:
Councilman Seaman moved seconded by Councilman Malston, for approval of amendment
to contract for engineering services for Harold H. dalliett, Jr. on EDA Project 07-51-20074.
Motion passed unanimously by roll call vote.
0-17: Lease of City owned lands
City Manager Wise stated that the lease document for Sea Catch (formerly R-Lee Seafoods)
was still being retained at the bank and the Administration could not present the lease
to Council for approval. However, Mr. Wise stated that as time is of the essence for
Mrs. Lashley in order to facilitate expansion of her building, it may be necessary to
conduct a telephone poll for approval of the lease. Councilman Ambarian suggested that
U the City was in receipt of the lease document by Tuesday, the lease could be submitted
for review at the meeting Tuesday evening and a telephone poll conducted thereafter.
0-18: Maintenance Contract
Mr. Wise submitted a "Maintenance Agreement" from Motorola for the City's INTRAC
systems and requested Council concurrence to enter into the agreement with Motorola.
Council so concurred.
0-10: Payment to C1I2M Hill
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for approval of payment
in the amount of $7,001.85, Invoice 89634, to CH2M Hill for work on the Wastewater
Facilities Plan.
Motion passed unanimously by roll call vote.
0-20: Payments to Coopers a Lybrand
MOTION:
Councilwoman (click moved, seconded by Councilman Seaman, for approval of payment
to Coopers Lybrand, Bill 910206 in the amount of $250 and Bill #i10297 in the amount of
$1,500 for audit work.
Motion passed unanimously by roil call vote.
Q21: Applications for authorized Cameo of chance and skill
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of the
Wowing applications for Authorized Games of Chance and Skill and ratificotion of
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application for Kenai Central Nigh School: National Federation of the Blind, Iloly
n Assumption of the Virgin Mary Russian Orthodox Church, Kenai Civil Air Patrol,
Kenai Elks Lodge BPOE 02425, Kenai Art Guild.
Councilman Ambarian requested that the record indicate his association with the Kenai
Civil Air Patrol.
QUESTION:
Motion passed unanimously by roll call vote.
0-22: Contract with Carmen Gintoli
City Manager Wise advised that this contract was for architectural services relative to
the north portion of the Airport Terminal building and renovation investigation and
schematic design of same.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of
contract with architect Carmen Gintoli in the amount of $2,500 for professional services
relative to the Airport Terminal building and such contract to be effective upon the effective
date of Ordinance 471-79 March 21, 1979) .
Motion passed unanimously by roll call vote.
REPORTS
H-1: City Manager
(a) Section 36 Lands - City has received approval to proceed with the selection process
and prepare the necessary forms, etc., for submittal.
(b) Population Count - City Manager Wise advised that the City must now take the necessary
action to protest the census figures and population count for Kenai which was 4,374,
Mr. Wise reported that if these figures were to be accepted, it would affect the City's
revenue sharing eligibility. Councilman Ambarian advised that the Assembly had
acknowledged the completion of the census but had not accepted the counts as it was
the feeling of the Assembly that the cities in the Borough would have a conflict with the
population figures.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, that Administration
develop some cost figures for a census to be conducted within the City of Kenai
prior to July 1, 1970.
Motion passed unanimously by roll call vote.
�) City Manager Wise reported that the City had received a letter from the Federal Aviation
Administration indicating that they had no objections relative to the grass/ski strip,
however, did outline some areas that must be adhered to in the use of the proposed
strip.
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MOTION:
Councilman Ambarian moved, seconded by Councilman Seaman, that the Airport Regulations
be revised to include the ski/grass strip.
Motion passed unanimously by roll call vote.
QUESTIONS AND COMMENTS
Councilwoman Glick inquired about lights requested for the Lawton Drive area
and stated it was her impression that Administration was to prepare some cost figures
for presentation to Council. City Manager advised that two lights had been requested
by the Fandol family and only one approved for installation. Councilwoman (hick requested
that a full report on the matter be submitted at the next meeting of Council.
Councilman Malston inquired if the janitorial contract for the Airport Terminal did not
include snow removal of sidewalks around the Terminal as the sidewalks were not
cleared at this time. City Manager Wise stated that the contract included snow removal
but would check on the matter and report back to Council at the next meeting.
H-2: City Attorney
(a) Peck vs. City - Summary Judgment heard January 31st and decision should be forth-
coming within the month.
f') Aviation Consultants - the City has received a summons and complaint in that they are
suing the City $30,000 for loss of business during the Airport Loop construction
and, in addition, are suing the City for $300,000 relative to the Peck case in that the i
City has not been "aggressive enough" in defending the suit and such suit is now
obstructing them from selling their facility to a third party.
City Attorney Schlereth advised that he had twenty days in which to answer the complaint.
(a) Cason -Thompson -Clarion matter - Their attorney called the City and advised that
he had not gotten around to engaging the services of an independent appraiser and
stated that the City may wish to proceed accordingly. City Attorney Schlereth requested
Council direction as to whether or not he should continue with legal proceedings.
Council so concurred and directed the City Attorney to proceed.
> (d) City Attorney Schlereth advised that another matter concerning Mr. Cason had been
i brought to his attention and letter sent advising Mr. Cason that when he had requested
an amendment to his lease to allow for the addition on the existing structure, he had
indicated that the addition would be used solely for storage of equipment and Mr. Cason
' was now operating a muffler shop out of the facility. Mr. Cason's attorney has contacted
the City and advised that they would submit a letter to the Planning Commission for
an amendment of the "use" of the facility . Councilman Ambarian stated he felt that
as Mr. Cason was in "non-compliance" with the terms of his lease, the City should
proceed with whatever legal requirements necessary and Mr. Cason should be advised
-- that he should not continue operation of the muffler shop until such time the matter has
been resolved. Councilman Aber stated that as the lessee is not in violation of the zoning
ordinance and has submitted a letter to the Planning Commission, it would seem that he
should be able to continue his business until the matter has been resolved. City Attorney
Schlereth advised that in the original lease document the "Use" clause was blank which
may weaken the City's case. Councilman Ambarian stated that he felt the City is not
2/7/78 - Page 13
applying the rules to all lessees on a equal basis if Mr. Cason is allowed to continue
the operation of his business. Councilman Malston stated that as the City Attorney had
recommended that the matter continue through the Planning Commission, etc .9 the Council
should take further action at this time and let the Attorney continue handling the
matter accordingly. Councilwoman Glick stated she agreed with Councilman Ambartan
in that the City made another lessee (on an adjacent lot to the Cason property) cease
construction of an addition to his facility until such time as he had complied with the
requirements of the City's leasing policy.
MOTION:
Councilman Malston moved, seconded by Councilman Aber, that the City Attorney be
given direction to proceed on the matter administratively.
Motion passed by roll call vote with Ambarian and Glick voting no.
(e)
Rogers/Baldwin suit on appeal of tax assessment evaluation - City Attorney Schlereth
advised that a Motion to Intervene has been filed and to now in the process of being
reviewed by the Courts.
H-3:
Mayor
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Mayor O'Reilly advised that he would offer the name of Jerry Andrews for membership
to the Kenai Advisory Planning & Zoning Commission. Council unanimously concurred.
04:
City Clerk
No report
H-5:
Finance Director
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No report
H-6:
Planning a Zoning Commission
Councilwoman Glick reported that at the meeting of January 24th, a public hearing
on a petition to rezone a portion of land near Strawberry Road and the Spur to General
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Commercial was denied. The rezoning request also failed at the Borough Planning
Commission.
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MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman, that a resolution be
prepared supporting the action taken on the rezoning request.
Motion passed unanimously by roll call vote.
H-7.,
Boyougts Assembly
Councilman Ambarian reported that among the items discussed, the Assembly
acknowledged receipt of a petition for a fire service area in the Kalifonsky, and
Sterling areas and also advised that a public hearing has been set for February 27th
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on the Ridgeway request for a fire service area.
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PUBLIC WORKS COMMITTEE FROM COUNCIL
Councilman Ambarian reported that the Committee discussed the Water/fewer Project
on Airport Way and the realignment of Airport Way, discussed warm storage, City Ball
facility, the Shop and Animal Shelter additions, Fire Substation located at Beaver Loop
and the Spur and excavation permits.
QUESTIONS h COMMENTS
Councilman Malston inquired at the price of renting snowblowers and trucks to haul
away the snow seemed rather high and asked if the City did not have the available
equipment? City Manager Wise reported that the City's equipment was not adequate
to do the job required. Councilman Aber advised that the equipment Councilman
Malston was referring to had been sold at public auction. Councilman Ambarian
commented that he felt the overtime that had been budgeted should have been used
and the snow removed from the streets before it had become frozen as now it would
be almost impossible to remove the snow accumulated. Councilman Aber stated that
the figures for renting the necessary equipment should be compared to what may be
available to purchase and requested that the Department of Public Works investigate
the availability of equipment.
Councilman Malston inquired about the problems with the Michigan Loader as referenced
in the Public Works Report and City Manager Wise advised that the City ordered
an additional accessory item and the items were not installed to the requirements of the
City and the Company supplying the Michigan Loader is sending down personnel to
make the necessary adjustments.
Councilman Malston inquired about the late delivery on the LUV truck also mentioned
in the Public Works Report and the reason for the late delivery. City Manager Wise
stated he was not aware of the situation but would check with the Public `'Yorks Depart-
ment. Councilwoman Glick stated that apparently the 90 day delivery date had expired.
Councilman Aber stated that he had heard the supplier had sent a long -bed truck
which had to be exchanged for the proper model and the vehicle should be forth-
coming this week.
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
ADJOURNB ' ANT
There being no further business to be brought before Council, the meeting adjourned
at 10: 00 P.M.
Respectfully submitted,
Au C. Peter, City Clerk