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HomeMy WebLinkAbout1979-05-02 Council MinutesAOF, NVA KENAI CITY C.OUNCiL - REGULAR MEETING MAY 2, 1079 - 7s 00 P.M. KENAi PUBLiC SAFETY BUILDING /-� PLEDGE OF ALLFGIAN(I,, A. BOLL CALL AGENDA APPROVAL j S. HEARiNGS 1, Ordinance 461-79 , Willow Street lumfnation project 2. Ordinance 484-79 - Inoresse General Fund Budget by $85,000 for topographical mapping- 3, Ordinance 495-79 - increasing 6oneral Fund by $2, 875 - donation to City 4. Ordinance 466-70 - Authorizing purchase of used tractor for Parke Department S. Ordinance 497-70 - Increasing General Fund by $760 - Library books and materials 6, Ordinance 4SP-70 - increase Capital Project by f30,000 "Water and Sewer Lines" 7. Election of Vice Mayor C. PERSONS PRESENT SCHEDULED TO DE BEARD 1. Csr*10suden 2. Oscar Thumas concerning the Excavation Ordinance { D. MINUTES 1. Minutes of tho regular meeting of Apt 18,1079 8, CORRESPONDENCE 1, Fran Jonas - Komi Art4 a u+sma0l�ios Coin 2. North Tinker Lane Residents re a to r condition F. OLD DUSIN265 1. Ordinance 470-79 - Excavations Ordinance 2. Resolution 79-41- Accepting Kenai Municipal Airport Master Plan Study with exceptions S. Resolution 79-62 - Requesting Borough to rezone certain lands within the City of Kenai 0. NEW BUSINESS l 1. Bills to be paid - bills to be ratified 2. Requisitions exceeding $000 S. Ordinance 409.79 - Amending Kenai Munfsipal Airport Regulations 4, ordinance 490-70 - Repealing Article 3 of the 1063 Kenai Code (Zoning Ordinance) S. Ordinance 491-79 - Increasing Capital Project Fund "Airport Runway Paving" by $270.037 6. Ordinanas 401-79 - Increasing Spools! Revenue Fund in the amount of $24,000 7. Resolution 79-64 - Transfer of funds for survey and platting of City lands i 9. Resolution 79-55 - Transfer of funds "Water a Sewer Lines" renovation of 5 lift stations j 0. Roulutfon 79-56 - Transfer of funds "Fire Reservoir a� System improvements" ` 11. Resolution 79-59 - Transfer of funds to provide new uniforms for Pollee Department 12, Resolution 70-69 - Awarding construction contract for Sewer Lift Stations 13. Resolution 70-60 - Transfer of funds for addition to Animal shelter 14, Resolution 79-61- Awarding construction contract for addition to Animal Sb*Uw 15, Special Use Permit - John and Kristine Sterhner 00e06er4: M dirdy- 17. Payment to C112SSI Hill - Invoices Nos. 9737., 9739 and 9102 19, Lesse of City owned lands - Bishop 97ethers t9. Prrap�pallffcaataftonn ftoer eleedriiael//KCe�nsi Municipal Afrpoet t o Final y Eet Estf - - g Cor struetmsirsdon (Subject to final inspection) H. REPORTS • 1. city Manager 2, Csty Attorney -- S. Msyor 4. City Clay$ -- 6. Finance Director - r 6, Planning a Zoning Commission 7. Borough Assembly ' S. Public Works Committee from Council MAYOR i COUNCIL - QUESTIOX. AND COMENTO 1. PERSONS PRESENT NOT SCHTDULED TO BE HEARD ANOU11 MENT p I 1 I I ___ KENAI CITY COUNCIL - REGULAR MEETING AW 2, 1979 - 7: 00 P.M. k 1AI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Phillip Aber, Edward Ambarian , Charles Sailie, Betty Glick, Ron Malston, Vincent O'Reilly and Michael Seaman fAbsent: None I AGENDA APPROVAL: City Manager Wise requested that the agenda be adjusted as follows: Table B-2 and F-2; delete iteriss 0-10 and 0-16; and add items B-7: Election of Vice Mayor and 0-21: Brown Construction Pay Estimates Council so concurred B . HEARINGS 10. Ordinance 49-79 Mayor O'Reilly read Ordinance 481-79 by title only. "An ordinance finding that the installation of luminaries as a part of the State of Alaska reconstruction of Willow Street is necessary and will benefit the property affected and directing that the City proceed with construction of the improvement." Mayor O'Reilly opened the hearing to the public, Mr. Oscar Thomas - stated he opposed the assessment district as the improvement would be beneficial for all the citizens of Kenai and, therefore, the property owners affected should not be required to bear a portion of the cost of the construction. City Clerk Sue Peter advised that 22 letters of protest to the assessment district had been received at City Hall prior to the hearing. Finance Director Charles Brown advised Council that in his opinion ft a front footage figures should include the area beyond the Airport exit road. The assessment roll should reflect the additional footage to the entrance. Mr. Brown further commented that if the City were to refigure the front footage the objections which were received totalling 51% of the property owners would be dropped to 44% as the City would increase their share of the assessment, Mayor O'Reilly requested that the City Attorney offer comment relative to the requirement of properly forming an assessment district. City Attorney Schlereth advised that the procedure is covered both in the Charter and by Ordinance and if there are any 1 i I I 5/2/79 - Page 2 discrepancies, etc., the Charter provisions would prevail. City Attorney Schlereth advised that if affected property owners bearing more than 50% of the cost of the entire project protested, the matter of the continuation of the project would rest in the final decision of Council and such matter would require 6 members of the Council voting unanimously to over -ride the protestants. Councilman Ambarian inquired if all Protestants had valid leases with the City and also inquired as to the duplication of signature. City Manager Wise advised that he would have to check the up -date on each lease, however, he felt that the duplication was resultant of the fact that some lessees have more than one lot and had signed individual protest letters. Councilman Ambarian asked that the City Attorney prepare an opinion on the legality of signing more than one protest letter. Mr. Thomas commented further that he felt the unleased City land should not be included as the City does not pay taxes on such parcels of property. Mr. Thomas summarized that his basic opposition was that he did not feel that the property owners along Willow would benefit from the addition of luminaries but would allow all citizens of Kenai the opportunity to derive great benefit from such a project. Mr. Milton Donner representing Beluga Development offered protest against the assessment district as a property owner along Willow Street and stated that he concurred with the comments from Mr. Thomas and felt that the installation of the luminaries would benefit all of Kenai not just the lessees along Willow Street. Mr. Robert Borgen stated that he was also opposed to the assessment district as a property owner and also was concerned that the figures presented relative to the cost of the project, etc.,were indeed firm. There being no further comment, the hearing returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that Ordinance 401-79 be tabled and further directed that the City Attorney review the ordinance for the questions of validity on duplication of signature and whether or not the leases are current and such report be submitted at the next regular Council meeting at which time the ordinance will again be considered by Council and the public. Motion failed by roll call vote with Councilmembers Ambarian and Glick voting yes. MOTION - Couneilwoman Glick moved, seconded by Councilman Bailie, for adoption of Ordinance 481-79, forming an assessment district for the installation of luminaries on Willow Street. 0 Councilman Aber commented that out of the $140,000+ project costs, the lessees would bear only a third of the costs, however, Councilman Aber stated that he was concerned that the city was following the proper assessment procedures. Councilman Malston inquired if funds were available for the City to proceed with the r project without the assessment district. City Manager Wise responded that he would investigate the possibility, however, he did know that $26,000 was left in Local Roads and Trails monies and there were funds remaining in the street bond funds. a :_, 5/2/79 - Page 3 Councilwoman Glick statod that she would be in favor of tabling the ordinance until all the questions presented tonight were answered and have all the facts and figures presented before final action. P40TION: Councilwoman ©lick moved, seconded by Councilman Malston, to table Ordinance 481-79 and request that the Mato include this project in the scope of the Willow Street construction project as an alternate and in the interim period, the City Administration would prepare facts and figures relative to the assessment district and formation thereof. Motion passed unanimously by roll call vote. B-2: Ordinance 484-79 Mayor O'Reilly road Ordinance 484-70 by title only, "An ordinance increasing estimated revenues and appropriations in the 1978-79 General Fund Budget in the amount of $85,000 to complete ground control, aerial photography and mapping within the City." MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to bring the matter of Ordinance 484-70 back to the Council table. Motion passed unanimously. There was no public comment. City Manager Wise requested that this item be tabled until the City has received the contract from the State. J MOTION: Councilwoman Glick, moved, seconded by Councilman Malston, to table Ordinance 484-79 increasing estimated revenues and appropriations by $66,000. Motion passed unanimously by roll call vote. B-3: Ordinance 485-79 L, Mayor O'Reilly read Ordinance 485-70 by title only. "An ordinance increasing estimated revenues and appropriations in the General Fund by $2, 875." t There was no public comment. o MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Ordinance 485-79, increasing estimated revenues/appropriations by $2,875. Motion passed unanimously by roll tail vote. 8-4: ordinance 480-70 Mayor O'Reilly read Ordinance 480- 79 by title only. "An ordinance authorizing the purchase of a used tractor and accessories as an exception to Charter provisions of competitive bidding." i l There was no public comment. i K w. f ....-.-err..-ram✓ �.�w-t.�d.. o_ . .. .. r.-.1u.b. i� 5/2/79 - Page 4 MOTION: Councilman Seaman moved, seconded by Councilman Malston, for adoption of Ordinance 486-79, authorizing the purchase of a used tractor for Parks & Recreation. Motion passed unanimously by roll call vote. B-5: Ordinance 487-79 Mayor O'Reilly read Ordinance 487-79 by title only. "An ordinance increasing estimated revenues and appropriations in the 1978-79 General Fund Budget in the amount of $750 for the purchase of library books and materials." There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Ordinance 487-79, increasing estimated revenues/appropriations by $750 for purchase of library books and materials. Motion passed unanimously by roll call vote. B-6: Ordinance 488-79 Mayor O'Reilly read Ordinance 488-79 by title only. "An ordinance increasing estimated revenues and appropriations in the Capital Project fund entitled "Water and Sewer Lines" in the amount ct $30,000 for the renovation of five lift stations." There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for adoption of Ordinance 488-79, increasing revenues/appropriations by $30,000 "Water and Sewer Lines," Motion passed unanimously by roll call vote. B- 7: Election of Vice Mayor Due to the resignation of Councilman Whelan, Mayor O'Reilly advised that the Council must select someone to fill out his term as vice mayor. Mayor O'Reilly opened the meeting to nominations. Councilman Malston nominated Councilwoman Glick. Councilman Aber nominated Councilman Ambarian. Councilman Ambarian requested that his name be withdrawn from consideration. Council unanimously selected Councilwoman Betty Glick to serve as Vice Mayor of the Kenai City Council. K - . 5/2/79 - Page 5 C . PERSONS PRESENT SCHEDULED TO BE HEARD C Ms. Carol (aauden spoke to Council concerning her allegations that the City Building Inspector did not enforce the Uniform Bld.Code in the recent construction of her home located at lot 8, Block 0 in Redoubt Subdivision. Ms. Gauden stated that the Inspector allowed 2x4s to be used to support a 3-story building, also the room over the carport is not properly supported thus the structure is pulling away from the house and, in addition, Ms. aauden claims that improper construction has resulted in the flooding of her basement during break-up. No. (aauden stated that she feels the City should compensate her in the repair work that is needed. City Manager Wise presented the original building permit that was taken out by Ms. Qauden's builder who also claimed to be the owner of the structure. The structure by normal standards is a 2-story building and the City does acknowledge that the quality of workmanship of the building is very poor but the structure did meet minimum basic standards with poor quality materials. Mayor O'Reilly inquired if Ms. (aauden had sought compensation for damages from the builder 0 Ms. (aauden advised that she had but the builder had threatened to file bankruptcy a she settled out -of -court for a minimal amount. Councilman Ambarian, with Council concurrence, requested that the City Attorney prepare an opinion for presentation to Council at the next regular meeting. C-2: Oscar Thomas Mr. Thomas requested further consideration by Council of the proposed excavation /1 ordinance and adjustments to the ordinance as requested by his firm, Kenai Utility -� Service Corporation. Mr. Thomas stated that the costs incurred by KUSCO for permita, etc.,that are required by the ordinance would have to be passed on to the consumer. Mr. Thomas further commented that he would strongly oppose any conflict with the existing franchise agreement ordinance between the City and KUSCO. And, would also oppose the annual license requirement, fees, certificate of insurance (already required by the franchise ordinance) and would hope that Council take certain steps to correct these measures prior to final adoption. Councilman Seaman inquired if Mr. Thomas had reviewed the latest draft of the excavation ordinance and was advised that he had not. City Attorney Schlereth stated that the new draft ordinance addressed all of Mr. Thomas' concerns with the exception of the fee requirement. D. MINUTES D-1: Minutes of the regular meeting of April 18, 1979 Approved as distributed E. CORRESPONDENCE E-k Kenai Arts i Humanities Council Mayor O'Reilly acknowledged receipt of correspondence from the Arts a Humanities j Council in which the Council requests City aid in funding to match a grant they are applying for for the renovation and repair of the Fine Arts facility (which is presently leased from the City) . Frances Jones, President of the Council, advised Council that they are in need of a match of funds in the amount of $7,500. Councilman Bailie W.: 5/2/79 - Page 6 stated that as the building was being used for business purposes, Le., paintings being sold, etc., was the Council deriving any monetary benefit. Mrs. Jones advised that the Council received commissions from sales and such revenues were being used for maintenance and utility costs of the building. Councilman Ambarian suggested that the Council acknowledge receipt of the request and such request be referred to the budget work sessions for further consideration. Council so concurred. E-2: North Tinker Road Mayor O'Reilly acknowledged receipt of a letter on the "History of North Tinker Road area as remembered by residents" and advised Council that several of the residents were in the audience and wished to offer testimony relative to the condition of their road. Mr. Robert Borgen - property owner stated that he was involved in the original construction of the road, however, when the City installed sewer lines for three property owners at the end of the street, the City brought in sand fill which has made the road in near impassable condition. Mr. Bergen requested that the road be upgra`gd or returned to it original condition. Mr. Harry Howell -stated that the road has been impassable for several weeks and J residents cannot even drive the road with a 4-wheel vehicle. Mr. Richard Hallmark - advised that since the sewer construction was done, the drainage on the road has become increasingly worse. Mr. Hallmark commented that no up -grading has been done to the road in the past seven years that he has resided in the area. Mr. Roger Schmidt - stated that his greatest concern regarding the impassable road condition, is that the City could not get emergency vehicles (ambulance, fire trucks, etc.) down the road. Councilman Ambarian requested that the matter be referred to the Public Works Committee for consideration. Mayor O'Reilly requested that the residents of the area be advised of such meeting. P. OLD BUSINESS P-b Ordinance 479-79 Mayor O'Reilly read Ordinance 479-79 by title only. "An ordinance repealing Section. 18, Article 3 of the 1963 Kenai Code as amended relating to street excavations and enacting in its plane a new ordinance dealing with this subject." LION: Councilwoman Glick mved,. seconded by Councilman Malston, for introduction of Ordinance 479-79, as amended. i ■ 5/2/79 - page 7 �.} Mayor O'Reilly opened the meeting to the public. Robert Bergen requested that Council consideration be given to further amending the ordinance under Section 19,25.080(1) ".........The contractor has given 2 days....." to rather state a "reasonable time" or somewhat less than the two days. QUESTION: Motion for introduction passed unanimously by roll call vote. F-2: Resolution 79-41- REMAINED TABLED F-3: Resolution 79-52 Mayor O'Reilly read Reolution 79-52 by title only. "A resolution requesting the Kenai Peninsula Borough to rezone certain lands within the City of Kenai." There was no public comment. Councilwoman Mick commented that relative to the rezoning within Woodland Subdivision, it was a "housekeeping matter" to bring the City records up-to-date, however, the rezoning in Fidalgo subdivision from conservation to general commercial should be considered carefully. Councilwoman Glick stated that she felt the rezoning was necessary but as the Council had, by resolution, determined that no rezoning would be done within the roCity until such time that the Comprehensive Plan was completed, she felt the City should strictly adhere to such action. Councilman Ambarian stated that it was his opinion that the Planning Commission was using the resolution to delay decisions or, "spot rezoning" however, would suggest that the resolution be brought back to the table and Section B excluded from the resolution at this time. MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, to bring Resolution 79-52 back to the Council table. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution No. 79-52, deleting Section B . Motion passed by roll call vote with Councilmembers Malston and Seaman voting no. 0. NEW BUSINESS 0-1: Bills to be paid - bills to be ratified MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of bills to be paid and bills to be ratified presented this date. Motion passed unanimously by roll call vote. 4 4 -- r ' 6/2r79 - Page 8 G-2: Requisitions exceeding $600 rvlON: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of requisitions exceeding $500 as listed this date. Motion passed unanimously by roll call vote. 0-3: Ordinance 489-79 Mayor O'Reilly read Ordinance 489-70 by title only. "An ordinance of the Council of the City amonding Ord. 290-76 Kenai Municipal Airport Regulations providing for a grass/ski strip." MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for introduction of Ordinance 489-79, Councilman Aber stated that he was still concerned over the fact that this ordinance would provide a service for a few individuals, however, the maintenance the City will have to provide may prove to be involved. QUESTION: Motion for introduction passed unanimously by roll call vote. 4n: Ordinance 490-79 Mayor O'Reilly read Ordinance 400-79 by title only. "An ordinance repealing Article 3 of the 1963 Kenai Code as amended (Zoning ordinance) as this function has been relegated to the Kenai Peninsula Borough." MOTION: Councilman Malston moved, seconded by Councilman Beaman, for introduction of Ordinance 490-79. Motion passed unanimously by roll call vote. G-6: Ordinance 491-79 Mayor O'Reilly read Ordinance 491-•79 by title only. "An ordinance increasing estimated revenues and appropriations in the Capital Project fund entitled "Airport Runway Paving" in the amount of $370,037." MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for introduction of — Ordinance 491-70. Motion passed unanimously by roll call vote with Councilman Aber abstaining dud to personal business conflict. ' r iJ A 5/2/79 - Page 0 Qo. Ordinance 492- 79 Mayor O'Reilly road Ordinance 492-79 by title only. "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations in the Federal Revenue Sharing Special Revenue Fund by $24,000." MOTION: Councilwoman thick moved, seconded by Councilman Mal ston, for introduction of Ordinance 492-79. Councilman Ambarian stated that he would vote no on the ordinance as the bids were coming in higher than funded lately but the City was going ahead and appropriating additional funds in each instance. QUESTION: Motion passed by roll call vote with Councilman Ambarian voting no. 0-7: Resolution 79-54 Mayor O'Reilly read Resolution 79-54, transfer of monies in the amount of $4,000 to provide funds for surveying and platting of various City lands. There was no public comment. 14..lTION: Councilman Ambarian moved, seconded by Councilwoman Mick, for Adoption of Resolution 79-54, transfer of funds in Non-departmental/Professional services In the amount of $4,000. Motion passed unanimously by roll call vote. 0-8: Resolution 79-55 Mayor O'Reilly read Resolution 79-55. "Transfer of monies in the Capital Project Fund entitled "Water and Sewer Lines in the amount of $2,373 to (1) move unused other engineering funds to inspection to provide funding for the inspection contract and (2) increase the construction budget as a result of the construction bid award." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for adoption o! Resolution 79-55, transfer of funds in Capital Project "Water s Sewer Lines." Motion passed unanimously by roll call vote. Resolution 79-66 Mayor O'Reilly read Resolution 79-56 by title only. "A resolution transferring monies in the Capital Project fund entitled "Fire Reservoir and other Water Rystem Improvement." There was no public comment. • w_k .ie •5/2/79 - Page 10 1`11111. I MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for adoption of Resolution 79-58, "Fire Reservoir and Other Water System Improvementsi' Motion passed unanimously by roll call vote 0-10: Deleted 0-11: Resolution 79-58 Mayor O'Reilly read Resolution 79-58, transferring $2,400 to provide new uniforms for members of the Police Department. There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for adoption of Resolution 79-58, transferring $2,400 for new police uniforms. Motion passed unanimously by roll call vote with Councilman Malston abstaining due to possible business conflict. 0-12: Resolution 79-59 Mayor O'Reilly read Resolution 79-58 by title only. "A resolution awarding construction (� contract for sewer lift station construction." There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for adoption of Resolution 79-66, awarding construction contract to Cordova Construction in the amount of $71,474. Motion passed unanimously by roll call vote. 0-13: Resolution 79-60 1 y Mayor O'Reilly read Resolution 79-60, transferring monies in the amount of $266 to provide sufficient funds for the construction of the addition to the animal shelter and a., cement pads . There was no public comment. MOTION: Councilman Beaman moved, seconded by Councilman Bailie, for adoption of Resolution 79-00, transferring funds in the amount of $200 In Animal Control. Motion passed unanimously by roll call vote. d_„ . 14"1 r 5/2/70 - Page 11 n-IA; Resolution 70-61 Mayor O'Reilly read Resolution 70-61 by title only. "A resolution awarding the construction contract for the construction of an addition to the Animal Shelter." There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Malston, for adoption of Resolution 79-61, construction of addition to Animal Shelter. Councilman Ambarian requested that the Public Works Committee from Council meet briefly to discuss the possibility of providing additional funding to add Deductive M1 back in to the contract. Following a brief recess, the Public Works Committee recommended tho following: To allow the City to complete the entire project and introduce an ordinance appropriating the necessary funds. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to table Resolution 70-61, awarding contract. Motion passed unanimously by roll call vote. MOTION: Czanoilman Ambarian moved, seconded by Councilman Aber, for introduction of Ordinance 493-79, appropriating $8,000 from Federal Revenue Sharing Special Revenue Fund to provide additional funding for construction of addition to Animal Shelter. Motion for introduction passed unanimously by roll call vote, 0-18: Special Use Permit City Manager Wise advised that the Special Use Permit was requested by John and Kristine Stoehnor allowing them the nonexclusive use of that portion of area as described In the permit for the operation and maintenance of existing facilities for storage, dis- tribution and sale of petroleum products for a term of five years at the annual rental of $302.90. Mr. Wise advised that the Permit should be corrected to commeneQ July 1, 1978. Council inquired it it had been determined who would be responsible for maintenance and repairs as well as costs incurred for removing the facility should the FAA deem the necessity of relocation. City Manager Wise advised that the matter could be addressed in the Permit. Council referred the matter back to Administration to make the required adjustments prior to final approval. 0-10: Deleted a6 5/2/19 - Page 12 94,7: Payments to C112M Hill MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of payments to CH2M Hill as follows: Invoice 0737 in the amount of $4,020; Invoice 9738 in the amount of $6,250 and Invoice 9752 in the amount of $364.50. Motion passed unanimously by roll call vote. G-18: Lease with Bishop Brothers City Attorney Sehlereth stated that the City was not in receipt of the signed lease with Bishop Brothers and asked for Council concurrence that Bishop Brothers be advised that if a lease agreement is not entered into within a designated period of time, the City would terminate all pending action. Council so concurred. 0-10: Pre -application City Manager Wise requested Council permission to submit the preapplieation for Federal Assistance to upgrade and centralize primary and auxiliary power distribution, auxiliary power generation and airport runway taxiway lighting control and distribution. MOTION: 0 `� Councilman Seaman moved, seconded by Councilman Bailie, that the Council authorize that City Administration submit the preapplication for Federal assistance to upgrade and centralize primary and auxiliary power distribution for the Airport. Motion passed unanimously by roll call vote with Councilman Aber abstaining due to business conflict. 0-20: Final Pay Estimate MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for approval of payment in the amount of $6,000.82 to Rockford Corporation for Water Storage Improvement Project. Motion passed unanimously by roll call vote. G-2k Brown Pay Estimates City Manager Wise advised that the City antieipaWd final pay estimates from Brown Construction, however, Mr. Brown's attorney recommended that these not be final pay estimates as they still questioned some portions. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for approval of payments as follows: 07-51-20908 in the amount of $7,501.90; 07-51-26997 in the amount of $1,000.74; and 07-51-26965 in the amount of $708.05 and such payments be contingent upon Brown Construction submitting these bills as "final pay estimates" and upon receipt of release of liens by the subcontractors. . I 6 y_ I 1., 41, - M 0 5/2/90 - Page 13 ^ Councilwoman Glick stated that she would like to see the matter resolved between the 1 City and Brown Construction, however. Councilwoman Glick stated she did not feel that payment would accomplish resolution of the matter. QUESTION: Motion passed by roll call vote with Councilmembers Glick and Malston voting no. 11. REPORTS H-1: City Manager (a) Lilac Street - Mr. Wise reported that the consensus of the residents is that Lilac be up -graded and stated that the matter would be referred to Public Works Committee from Council. (b) Gravel Pit application - Mr. Wise advised that the Planning Commission approved the concept of the gravel pit application, however. asked that additional questions be resolved prior to final approval. Mr. Wise requested Council approval of the concept only. MOTION: Councilman Seaman moved, seconded by Councilman Bailie, that the Council hereby approves the concept of the gravel pit application and contract with the State of Alaska. 02 Motion passed unanimously by roll call vote. (a) City Manager Wise reported that Administration will. start work on the preparation of assessment district entitled North Kenai and Beaver Loop West relative to water and sewer lines. (d) Mr. Wise advised that the City has requested s submitted a grant application for additional funds on the Lift Stations in which the City asks the State to share in costs. (a) Mr. Wise reported that Paul Larson with FAA visited the City Shop facility and reviewed the equipment and it was pointed out to Mr. Larson that the City equipment was used to support the Airport. Mr. Larson is to respond with a letter relative to the Shop status. W Mr. Wise stated that he talked with Larry Snell (Real Estate Division of FAA) relative to the communication cable that crosses several City parcels of land. The City has inquired if the FAA would remove the cable which the FAA is now considering. (g) PR&S Contract for Airport Way has now been signed and they will proceed accordingly. (h) Wildwood Contractors contract is in the office and Mr. Wise asked for Council approval to sign the document contingent upon review by the City Attorney. Council so con- curred. •5/2/f9 - Page 14 MAYOR a COUNCIL - QUESTIONS AND COMMENTS (a) Councilman Ambarian inquired if the City had proceeded with preparation for street sweeping and the City Manager advised that a letter had been sent to Mr. Anderson. (b) Councilman Ambarian inquired as to the status of the janitorial contracts and was advised that specifications were prepared and being advertised with the exception of the Police Department. (a) Councilman Ambarian inquired as to the hold-up on the surveying of the Float Plane Basin and Mr. Wi se advised that Malono was contacted that they would proceed immediately. (d) Bluff erosion problem - Councilman Ambarian suggested that Administration prepare a report to Council on the bluff erosion problem currently under discussion. Mr. Wise briefly advised Council on some of the history of the bluff erosion situation wherein in December 1977 the Corps sent the City a letter relative to the hazards of development on the bluff in certain areas and recent newspaper accounts made it sound as though the City had been in receipt of this information some time prior to December 1077, Mr. Wise reported on the City's current activities relative to the situation and stated that the City should again request funds to deal with the problem. Councilwoman Glick commented that the newspaper reports made the City look very bad. Councilwoman Glick informed Council that in June of 1978 a petition was received from the Glade for vacation of the street (which extended to the bluff)snd would not o be constructed because of the erosion problem. Councilwoman Glick stated that she believes that the Glads were well aware of the facts and fully realize that the City is not remiss. i H-2: City Attorney Report i City Attorney Schlereth advised that KUSCO had filed in Small Claims Court against the City for the $600 purported payment they felt the City owed. H-3s Mayor Mayor O'Reilly advised that Beaver Loop Day Care Center is now operating and they are attempting to get State aid, however, the State requires a municipality to show support and be the Center's sponsor. Mayor O'Reilly stated that the Day Care Center could not limit its service to Kenai residents and would, therefore, be performing a Borough function. H-4: City Clerk City Clerk Sue Peter advised that is high school students would be participating in functions of the City on Wednesday, May 9th an part of their Student Govprnment Day. City Clerk Peter asked that all members of Council participate in hosting students to the Chamber of Commerce luncheon. Ip 1 .-S/2/ 19 - Page 15 City Clerk Peter also read the results of a telephone poll conducted for the approval of submission of formal application for slur coat seal to the runway pp 1'Y which would require additional ADAP funding. The poll was unanimously approved with Councilman Aber abstaining and Councilman Malston not available for voting. H-S: Finance Director Finance Director Charles Brown advised Council that he has prepared a memorandum concerning Airport land sales. Also, Mr. Brown advised that he was in the process of reviewing a bill from Glacier State Telephone Company for relocation of existing telephone cables and such bill is in the amount of $31,000+. H-8: Planning a Zoning Commission Cow,cilwoman Glick advised that the Planning Commission had approved the concept of the gravel pit application however asked that several items be clarified by the Administration. A Public Hearing was held relative to the Comprehensive Plan to -date and two lease applications relative to land on the Kenai River were submitted to the Commission for review. Councilwoman Glick advised that one application was from Bob Roper for additional Undo and one from Royal Fisheries. H-7: Borough Assembly Councilman Ambarian reported on the Assembly meeting of May 1, 1970 in which several items were acted upon and under "Public Presentations" Mr. Chester Cone and Mr. Miles Dean reported that they have been cited by the Corps because of development they are doing to their private property which is within the wetlands. l 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None ADJOURNMENT There being no further business, Mayor O'Reilly adjourned the meeting at 1: OS a.m. Respectfully submitted, site C. Peter. City Clerk i 1 B ' c k i I