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Home My WebLink About1979-03-07 Council Minutesr / lb Af'+t;ttt)A KY"Al C11"I CODUCT I. - RVOULAU 11Y,YT1110 I PARCH 7, 1.979 - 7s0U 1144. � KENAI PUBLIC BA1,1I1TY BUILDING •- P1.Y.UCk OF AT.L1:61A110E A. ROLL CALL i ACYNDA APPROVAL D. 11f;ART/100 1. Ordinance 476-79 - Amending Council Meeting time i C. PE11110118 PRESENT SCHEDULED TO AE HEARD ' D. 91 "UTL'B 1. Minutes of the regular meeting of Yebruary 21, 1979 j E. CORE "OV0/113Y.11CY. P. OLD IIUBTUE66 1. Raver 1e6130 amendment 0. 11EW RUSIUS O i, f3flie to be paid - bills to be ratified . t .f. 2. Raquisitiona exceeding 0500 - 3. Ordinance 477•79-Declaring certain parcel of land foreclosed 4. Ordinance 478-79-Amending Ordinance 443-78 relati^ov to loan from General Fund Ramerve S. Ordinance 479-79-Excavation Permit Ordinance 6. Prsolution 79-18-Accepting grant; of for from Do.0 for 01,500 7. Rossolution 79-19-Transfer of funds within General Fund (iRgai�laws;uitfl) 9, Pnsolution 79-20-Transfer of funds within Airport Land System j Dudget (Piro napartrusnt 0mLnerl -. 9. uotolution 79-21-ChArtor Amendment referendum 10. Refolution 79-22-Transfor of funds -within Genoral Fund (building 4 Inspection asctafnar) } 11, Resolution 79-23-Authorizing payment to HEA for conduit in terminal area •I 12, Resolution 79-24-Transfer of funds within General Fund (Fire vepartment--3-day workshop) 13. Lasse - flea Catch 14. Payments to Wince Corthail (4 invoices) ls. Paygmat to CH214 11111•-Septage Disposal study 16. Payment to Carmen dintoli-Airport Terminal Behematic Design r _ 17. Untifieation poll of Council (realignwnt of Airport Way) a. REPORTS � 1. City manager 2. City Attorney 3. mayor 4. City Clerk S. Finance Director 6, vinaning i inning Cor. misnion 7. Kenai Peninsula Borough Anuembly rAYOR i COUIICIL - QUEST10113 ADO COD AZUTO I 1. PUFC01111 PPYf;E!;T NOT 13CfTEDULY. TO 02 HY.APM so ■ d; /f KENAI CITY COUNCIL REGULAR MEETING MARCH 7, 1979 - 7s00 P.M. �-, KENAI PUBLIC SAFETY BUILDING _ MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Betty Glick, Ron Malston, Vincent O'Reilly, Michael Season and Edward Ambarian Absents Phillip Aber, Dan Whelan AGENDA APPROVAL The following items were added to the agendas item G-5a, Ordinance 480-79 - Appropriating $50,000 of General Fund Unappropriated Fund Balance for purchase of used steel buildings item G-12s, Resolution 79-25, urging AHFC to classify Kenai Peninsula Borough as a rural area for mortgage purposesi City Manager wise requested that Nick Poppin be included under item C-1, "Persons Present Scheduled to be Heard," -and under Correspondence a letter from Councilman Whelan was added. Agenda stood approved as corrected. B. HEARINGS D-ls Ordinance 476-79 Mayor O'Reilly read Ordinance 476-79 by title only. "An ordinance of the City of Kenai, Alaska, amending the 1963 Kenai Code to change the regular Council meeting time to 7s00 P.M. instead of 8s00 P.M." VAMONs Councilman Malston moved, seconded by Councilman Ambarian, for adoption of Ordinance 476-79, amending 1963 Kenai Code changing regular Council meeting time. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTIONS Motion passed unanimously by roll ca;l vote. C. PERSONS PRESENT SCHEDULED TO BE BEARD NICK POPPIN Nick Poppin, owner of a 31-unit Cedar Apartments and the Poppin Tri Plex, referred to his letter submitted s r,- to Council rc9a rding motor ratoo of $65.04 each on 4 metura. He felt that a 1" meter at $26.36 would %a adequate, Mr.. Poppin ranted ho would prefer a per galluss ins tu,td of a flat monthly fee clue to the high vacancy rate. Councilman Ambarian Raid the matter should be referred to the Public Works Committee. Mayor O'Reilly advised tar. Poppi.n that he would be notified of the date of the Public Works Committee =acting. D. MINUTLS D-11 Minutes of the regular meeting of rebruary 21, 1979 Approved as corrected by Councilwoman Glick; namely, that on page 13 it should be recorded that• Resolution 79-9 be pat;scd accepting the bid on Inlet Ins3trumont in the auto of $ 7,500. Councilman i4als3ton moved, seconded by Councilwoman Glick. E. CORRUSPONDEJCE E-1s Councilman Whelan Mayor. O'Reilly acknowledged the letter of resignation from Couneilrrksn Whelan due to health reasons. A letter of appreciation will be drawn up by the City Clerk for his contribution to the City of Kenai as Council member. 9=011s Councilman Ambarian ;moved, seconded by Councilman 'Beaman, accepting Councilman Whelan's letter of res- ignation and declaring his seat vacant. notion pasood unanimously by roil call vote. p. OLD BUSINESS P-Is Roper lease amondmont The Roper lease was approved subject to the correction in paragraph (d), page 1 to read 11a255 per acre" tather than $4,250 par acre at 62 per year." MOTION; Councilman Ambarian moved, seconded by Councilman Malston for approval of the Roper lease with the above changes. Motion passed unanimously by roll call vote. G. Nix BUSINESS G-ls Bills to be p)id-billo to be ratified City vdanager Wiso asked that a bill for approximately $4,500.00 be added to the submitted list re: the Car Company, for ttu- Chevy Luv Pickup, such to bo subject to approval of the 611op at the contract price. r W 0 I MOTION: Councilman Seaman moved, seconded by Councilman Ambarian, for of pLoval oaf Lille to Le paid acid bills to be ratified with the addition of the Car Company invoice. Motion panssod uuanimuu.nl y by roll call vote. G-2s Requisitions exc0e4"O $500 MOTI011 s Councilman Seeman moved, :seconded by Councilman Ambarian, for approval of requisi.tiona exceeding $500. t4otion passed unanimously by roll. call vote. G-3s Ordinance 477-79 Mayor O'Reilly read Ordinances 477-79 by title only. "An ordinance of the Council of the City of Kenai, Alaska declaring a certain parcel of land foreclosed by the Kenai Peninsula Borough and deeded to the City of Kenai as dedicated for public use." MOTION s Councilman Seaman moved, seconded by Councilman Ambarian, for introduction of Ordinance 477-79, foreclosing a certain parcel of land by the Kenai Peninsula Borough and deeded to the City of Kenai as dedicated for public use. Motion paoced unanimously by roil call vote. G-4s Ordinance 478-79 MP,yor O'Reilly read Ordinance 478-79 by title only. "An ordinance of the Council of the City of Kenai, Alaska amending Ordinance No. 443-78." NOTIOU Councilman Ambarian moved, seconded by Councilman, Seaman, for introduction of Ordinance 478-79, ananding Ordinance flo. 443-78. notion passed unanimously by roll call vote. G-Ss Ordinance 479-79 Mayor O'Reilly read Ordinance 479-79 by title only. "An ordinance of the Council of the City of Kenai, Alaska rapcaling Section 18, Article 3 of the 1963 Kenai Code as amended relating to street excavations; and enacting in its place a now ordinance dealing with this subject." 1 i � iJ 3/5/79 - page 4 MOTION: Councilman Malston moved, seconded by Councilman Seaman, for introduction of Ordinance 479-79, amending the Code of the City of Kenai. Councilman Ambarian stated that some of the changes needed are reducing the number of permits, raise the application fee, incorporate use of water (hydrants), and amount of bond should be relative to the scope of project. Further, there should be a reference to completion charges if those inspections are to be conducted by City personnel. Notion passed unanimously by roll call vote. G-SAsOrdinance 480-79 Mayor O'Reilly read Ordinance 480-79 by title only. "An ordinance of the Council of the City of Kenai, Alaska appropriating $50,000 of general fund unap- propriated fund balance for the purchase of a used steel building, and declaring an emergency." Councilman Seaman moved, seconded by Councilman Nalston for introduction of Ordinance 480-79, purchase of a used steel building and declaring an emergency. Mayor O'Reilly advised that ten were available by auction from Alyeska Pipeline at Fairbanks. Along with the cost of $50,000 for the building would be the expense of disassembling, shipping, foundation and reassembling. There was discussion as to the cost of a new building without foundation and the figures that City Manager Wise had ranged from 0155,000 to $238,000. Mr. Carl Glick, who happened to be in Fairbanks on business, examined the buildings and reported that they were in fair condition. Councilwoman Glick inquired as to who would be responsible for the building after it was sold. City Manager Wise replied that we would be the owner of the building and would have to make an arrangement with Alyeska for the removal of their equipment. MOTIONS Notion was approved unanimously to table Ordinance 480- --- 79 until after the City Manager's report. G-6s Resolution 79-18 ! Mayor O'Reilly read Resolution 79-18 by title only. "A resolution of the Council of the City of Kenai, Alaska .a sY� !A 't r- 3/5/79 - page 5 accepting a grant offer from the State of Alaska, Departmont of Environmental Conservation for $1,500." MOTIONS Councilman Seaman moved, seconded by Councilman Malston, for adoption of Resolution 79-18, accepting a grant offer from DEC for $1,500. There was no public comment. QUESTIONs Motion passed unanimously by roll call vote. G-7s Resolution 79-19 Mayor O'Reilly read Resolution 79-19, transforring $400 within Legal (General Fund) providing additional funding required for increased court costs in filing lawsuits. MOTIONs Councilman Seaman moved, seconded by Councilman Malston for adoption of Resolution 79-19, transferring $400 for increased court costs. There was no public comment. QUESTIONS Motion passed unanimously by roll call vote. G-9s Resolution 79-20 Mayor O'Reilly read Resolution transferring $300 within Land Administration (Airport Land System Budget) providing funds for the Fire Chief to attend a Crash Sire Rescue Seminar dealing with airport fire and rescue procedures. MOTIONS Councilman Malston moved, seconded by Councilman Seaman, for adoption of Resolution 79-20, transferring $300 for a Crash Fire Rescue Seminar. There was no public comment. QUESTION: Motion passed unanimously by roll call vote. G-9s Resolution 79-21 Mayor O'Reilly read Resolution 79-21 by title only. "A resolution of the Council of the City of Kenai, Alaska accepting the February 13, 1979 vote upon the charter amendments. " 11 l" 3/�/7q- --page v - NOTIONS Councilman Seaman moved, seconded by Councilman Malston, for adoption of Resolution 79-21, Charter amendment referendum. There was no public comment. QUESTIONS Motion passed unanimously by roll call vote. G-10sResolution 79-22 Mayor O'Reilly read Resolution transferring $365 within Building Inspection (General Fund) to allow for cost of a seminar in Anchorage for building inspection personnel. NOTIONS Councilman Malston moved, seconded by Councilman Seaman, for adoption of Resolution 79-22, building inspection seminar. There was no public comment. QUESTIONS Notion passed unanimously by roll call vote. G-ilsResolution 79-23 Mayor O'Reilly read Resolution 79-23 by title only. "A resolution of the Council of the City of Kenai, Alaska authorizing payment to Homer Electric Association for installation of conduit in the terminal area res LPW 07-51-26997." At the request of Mayor O'Reilly, Councilman Ambarian took the chair. NOTIONS Mayor O'Reilly moved, seconded by Councilman Seaman for adoption of Resolution 79-23, payment to Homer Electric Association of the full amount of $7,452.90. In discussion, Mayor O'Reilly pointed out that Homer Electric Association would eventually recoup its expenses for installing the conduit in that such expense would become part of their rate base upon which the Association's rate of return is Catermined. There was no public comment. 3/5/79 - page 7 QUESTION: Motion failed by unanimous roll call vote. 0-12sResolution 79-24 Mayor O'Reilly read Resolution transferring $200 within Fire (General Fund) to pay for a 3-day workshop on the use of Alaska -National Fire Incident Report System, MOTION: Councilman Seaman moved, seconded by Councilman Malston, for adoption of Resolution 79-24, transferring $200 for workshop for the Fire Department. There was no public comment. QUESTION: Motion for adoption passed unanimously by roil call vote. G-12as Resolution 79-25 Mayor O'Reilly read Resolution 79-25 by title only. "A resolution of the Council of the City of Kenai, Alaska urging the Alaska Housing Finance Corporation to classify the entire Kenai Peninsula F.orough as a rural area for mortgage loan purposes." Councilman Ambarian moved, seconded by Councilman Seaman for adoption of Resolution 79-25, reclassification of the Kenai Peninsula Borough as a rural area. There was no public comment. QUESTION: Motion passed unanimously by roll call vote. 0-13s Sea Catch lease Councilman Ambarian moved, seconded by Councilman Seaman for approval of the Sea Catch lease and termi- nation of R Lee Seafood's lease. QUESTIONS Motion passed unanimously by roil call vote. G-14s Payments to Wince Corthell Councilman Ambarian moved, seconded by Councilman Seaman for approval of payments to Wince Corthell, as amended, as follows: Job 878-45, 623,614.60; Job 978- 19-1, 07,107.41; Job 878-27, $5,800.00; and Job 877-43, 01,132.50. 4 0 d I e � ti. 1 �� 1 a 3/5/79 - page 8 QUESTIONS Motion passed unanimously by roll call vote. 0-151 Payments to CH2M Hill Councilman Seaman moved, seconded by Councilman Ambarian for approval of payments to CH2M Hill on the Septago Disposal Study as followss Job $K10510.DO, 04,350.001 Job 010510.90, $410.60 Job #K11865.A1, $30,000.001 and Job #K11865.A5, $2,140.00. QUESTIONs Motion passed unanimously by roll call vote. 0-16s Payment to Carmen Gintoli Councilman Malston moved, seconded by Councilman Seaman for approval of payment to Carmen Gintoli of 0500.00 for Airport Terminal Schematic Dosign. QUESTION: Motion passed unanimously by roll call vote. 0-171 Ratification of Poll of Council on realignment of Airport Way. Councilman Ambarian moved, seconded by Councilman Seaman for ratification of poll of the Council on realignment of Airport Way to realign Airport way to coincide with Walker Lana. QUESTION: Motion passed unanimously by roil call vote. H. REPORTS H-is City Manager (a) On the City Managerts request a motion was passed unanimously by roil call vote for Mary Ann Dore to be appointed as the Acting City Clerk. (b) Sr. Citizen Title IZI and Title IX grant requests have been finalized. There is no change in the local share of the City, all in kind, as was presented with request for approval of letter of intent, Title Ili. The Title IX grant is 100t State/Federal Funding for a disadvantaged -outreach worker. Request approval of both grant applicants. ' I 1 i I I 3/5/79 - page 9 iThere was no objection by the Council. (c) Need to transfer funds from Airport Budget for $900.00 for a radio to be installed in the Crash Unit. A resolution will be prepared. (d) willow Street lighting - need to determine if we should proceed with the project and how it will be funded. Councilman Ambarian moved, seconded by Councilman Malston to fund project as follows: $40,000 from LS R & T, $40,000 from Road Bond and the balance of $60,000 from the assessment district. If we chose to participate, the engineering cost to that extent would be charged to Local Service Roads & Trails. MAZX s Motion passed unanimously by roll call Vote— (0) Mr. wise advised he would be on Sound Off Friday, March 9th barring objections from any C— out member. (f) On upcoming construction projects, Mr. wise advised that he doesn't want to award the bids without getting an inspector under contract. in discussion it was decided that ePeh design engineer would provide for inspection of their projects. Councilman Malston moved, seconded by Councilwoman Glick, to hire the engineering firm of wince Corthell to inspect the project for which they were retained, and the firm of Ted Borsi, to inspect their respective project with figures not to exceed their estimate. Motion passed by roll call vote with Councilman Ambarian voting no. Crass Ordinance 480-79 Glick Councilman bring ordinancearian d480-79 backseconded btoCthectableean in discussion, City Manager Wise reported that in speaking with several contractors, a rough estimate as to ne from 01000000stob$150 000.1 This ly and lwould tinclude as could aconcrete pad and shipping. City Attorney Schlereth was asked to comment upon whether an emergency ordinance was justified for this matter and whether the exception to the bidding require- ments would permit a purchase of this sort by auction. City Attorney Schlereth responded that it was a discretionary tINW-W l 3/5/79 .. Iraq(! 10 matter with Council ac, to whathor an amergusscy ordinance wan juntified, but added that in hin aisifs.tan it wags doubtful whether a true c!truryency vgirtOd ass that term _ is dcafifurd in the City cliartcar, t,c> jufstify an emergency in ttsifs ifustanca. O ty Attorney sc,•hleroth also stated that wbilo the purchake of a unod building at an auction may be conniderod an exc option to bi.ddinq requiramento in that: it could bo said a ufsad fstanl, building could ba obtnin(!d from only one, scourers, tiles dinassoembly and roaflue;uksly eostrs would have to sheet bidding roquiremontr). Councilman 1441nt on moved, (seconded by Councilwoman Glick to amend the ordinance to change the figure to 040, 000. 00 i.notc-ad of 550, 000.00. QUESTION s Motion failed by roll call vote( with Councilwoman Glick and Councilman Malnton voting yen. Councilman Seaman moved, noconded by Councilwoman Glick to amend the motion for the amount to road 000,000. QUESTIONS Motion failed by roil call, vote with Councilman Foaman and Councilwoman Glick voting yoo. H-2s City Attorney City Attorney Schleroth reported on ACI v. Ci.tX stating that he had written a latter to DaviA Mfmcsk, Attorney for ACI, demanding that the restaurant be opened. Attorney Shimak roopondod that a letter wan under way wherein it is requested that ACI be allowed to heap its preminefs cl000d until the planned conotruction by the City is, completed. City Attorney Sehlarath informed this Council that he would continua to work with Shimek in resolving thin matter amicably. 11-3 s Mayor Ilona 11-4 s Clark Mona H•-Os Finance Director finance Director Charleu Brown aokod for, guidance on a coot of living Increase. Per Councilman Ambarian'ss ssuggeotion, the Council adviced that for planning purposes, a ?s figure rhould be uued. it -Gs Planning G Zoning Commission Councilwoman Glick reported can ttso rnwsating of February 20th its which a petition for a conditional uoo pormit on fs.•aver Loop for a day-care cerstcer was approved providing thi�ry sr,!<ct all state requireamantfs, Aloo F. approved were two other items, a home occupational } request for a welding shop by Mr. Nick Miller, and approval of belch Subdivision. H-7s Kenai Peninsula Borough Assembly Councilman Ambarian reported on the meeting of March 6th where the following ordinances were passeds 79-6, 79-11, 79-21 through 79-29. Councilman Amharian also advised that the members of the assembly were given copies of a book on Special Census of the Kenai Peninsula Borough. This book breaks down the populace of all the - cities of the Kenai Peninsula Borough by sex, ethnic group and age. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None -- QUESTIONS AND COMMENTS Nona ADJOURNMENT There being no further business, Mayor O'Reilly adjourned the mec3ting at 1Os20 P.M. Respectfully submitted, ry n ore ;. Acting City Clerk w