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HomeMy WebLinkAbout1979-05-16 Council MinutesA01,NnA KENAi CITY COUNCIL - 11WHILAR NEWT= MAY 16, 1070 7.,00I1,M, KEHAI PURLiC HAFETY 81111,DiNO PLEDGE OF ALLEGIANCE A. ROLE. CALL / AGENDA APPROVAL ✓ S. HEARINGH 1. Ordinance 470-79. amending Code relating to Street P,xosvations 2. Ordinance 491-70, terming asnonnment diatriat for Installation of luminaries on Willow at, S. Ordinance 494-70. increasing General Pant! for Topographies! study 4. Ordinance 480-70, amending Airport Regulations providing a grass/ski strip 6. Ordinance 400-70, repealing Artlrlo 3 of the Code as pertslns to the Zoning ordinance S. Ordinance 492-70. increasing Federal Revenue Rharing Svocial Revenue Fund by $24,000 7. Ordinance 403-70, Increasing Federal Revenue itharing Special Revenue Fund by $9,000 C. PERSONH PREHENT 5016DULP,D To fill, HEARD 1, Robert Roper and Marvin Dragsoth D. NWUTP.S 1. Illnutes of the regular meeting of Stay 2. 1979 S. Minutes of the special mooting of stay 5. 1979 E. C011RESPONDENCE F. OLD BUSINESS 1, Resolution 70-41, accepting the Kenai Municipal Airport pester Plan 2. Resolution 79-57, awarding contract for topographic mapping of selected porttans in the city S. Resolution 79-01, awarding construction of addition to Animal Sholtor 4. Final payment to TRA/Parr for Kenai Master Plan litudy 6, Special Use Permit, John and Kristino Atoehnar S. Appointment of members to Kenai harbor Commission 0. NOW BUNIJUSS 1. Hilts to be paid - bills to be ratified 2, Requisitions exceeding $500 S. Ordinance 494-70, Adopting the annual budget PY 1079-80 4, Ordinance 495-79, increasing 1076-79 Airport Terminal Enterprise fund budget by $3.000 S. Ordinance 496-79, establishing a capital Project Fund "street improvements" S. Ordinance 497-79, increasing General Fund to retain financial adviser a bond council 7. Ordinance 4961-79, forming assessment district for fnsteitation of luminaries on Hillow S, Resolution 79-62, transfer to provide funds for copying charges in LaOs(stive budget 0. Resolution 70-03, transfer in Water s sower to provide salaries 0 overtime 10. Resolution 7144, establishing Terminal loses rates and fee schedule FY 1979-00 U, Resolution 79-65, awarding contract for addition to Rhop facility 12, Resolution 70-60, transfer in Airport Terminal P.nterpstse Fund for rebidding of Airport Terminal Winterisation Project 12. Resolution 79-67, accepting a grant from State (tent Park Trsh Program) for $29,225 14. Resolution 70-00, accepting a grant from FAA in the amount of 1340,010 15. Resolution 70-69, transfer in Dept, of Revenue Budget for notary seal costs 10. Resolution 79-70, requesting Borough rozone certain lands within the City of Kenai 11. Resolution 79-71, transfer within Parks budget for purchase of Willa" accessories fIt. RResolution 79-722, transfer in State dari contract Budgett for machinery a equipment 3t1, ltesr3ii�t s7'P0-77i transfer ratiing ceerrtain easemenfor rs to State of Mask roots R, &MIU11010 79-75 , supporting municipal Industrial bond funding (serendipity) 1, City Manager 2. City Attorney 2, Mayor 4, city Cleric 61 Finance Director 6, Planning a Zoning Commission 7, Borough Assembly S, Public Woks Committee from Council KAYOS 6 COUNCIL - t1UESTIGHB AND COMMENTS 11 PEti W.V§ PRESENT NOT SCitEDULED TO 02 HEARD A#il0ilRttblEtiT E` , 1 I KENAI CITY COUNCIL - REGULAR MEETING ALWO, 1079 - 7: 00 P.M. PO, ,'IC SAFETY BUILDING MAYOR VINCENT 012EILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Edward Ambarian, Charles Bailie, Dotty Glick, Ron Malston, Vineont O'Reilly, and Michael Seaman Absent: Phillip Aber AGENDA APPROVAL Mayor O'Reilly requested that the following individuals be added under "Persons Present Scheduled to be Heard" - Robert Roper and Marvin Drageoth and City Manager Wise asked that Resolution Numbers 79-74 and 79-70 also be added. Council so concurred, B. HEARINGS B-j -Ordinance 479-70 Mayor O'Reilly read Ordinance 479-79 by title only. "An ordinance repealing Section Is, Article 3 of the 1003 Kenai Code as amended relating to street excavations and enacting in its place a new ordinance dealing with this subject." Mayor O'Reilly opened the hearing to the public for comment. Mr. Oscar Thomas representing Kenai Utility Services Corporation - reiterated comments addressed by his firm contained within the ordinance in which the ordinance requires payment of fees and permits which in his opinion in in violation of the franchise agreement between the City And KUSCO. Mr. Thomas stated that requiring additional payment of fees, ete.9would place an additional burden on the consumer in that the costs would be passed on to KUSCO customers, Mr. Thomas also inquired if the City would enforce the some regulations in its own operations such as use of the City equipment on project and/or contract work. There being no further comment, the hearing returned to the Council table. MOTION: Councilmen .Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 479-79, excavation ordinance. Councilman Ambarian inquired if the forms had been prepared and City Attorney Schlereth c 7� advised Met sample forms had been prepared, however, were not included as a part of the ordinance. City Attorney Sehlereth also suggested that the ordinance be amended from a $50 to $25 yearly license fee and under penalties -- violation of any portion of the 5/10/79 - Page 2 ordinance would be considered a misdemeanor rather than an ordinanco infraction. M%, ION: Councilman Ambarian moved, seconded by Councilwoman Click, to amend Ordinance 470-79 as follows: yearly license feet shall be $29 and 19.30.101 "Penalty" shell be amended that such violation will be considered a misdemeanor rather than an infraction of the ordinance, Mayor O'Reilly requested that Vice Mayor Glick assume the Chair. MOTION - AMENDMENT Mayor O'Reilly moved, seconded by Councilman Seaman, to amend Soction 18.20.030 to state that ....."any company operating and recognized by the City of Kenai as a public utility will be exempt from the required inspection fees but will pay a single inspection J fee of $250. Councilman Ambarian commontod that the contractors costs incurred would also be passed on to their customers not just the utility companies. QUESTION: Motion failed by tie vote. Voting no; Ambarian, Dailio and Glick. Voting yes; Malston, O'Reilly and Seaman. i MOTION - AMENDMENT Councilwoman Glick moved, seconded by Councilman Bailie, that the motion be amended -' to include that the ordinance would be effective June 10th contingent upon final approval by Council of proposed forms, eta. Motion passed unanimously by roll call veto. AMENDMENT - PENALTY CLAUSE Motion passed unanimously by roll call vote. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilwoman Glick, to amend the figure for a single inspection be to $1, 000. Mayor O'Reilly inquired what the average hook-up figure for a given year would be for a utility such as KUSCO and Mr. Thomas advised that though the last three years havo been their best, he would estimate UO hook-ups per year. MOTION - TABLE Councilman Malston moved, seconded by Councilman Seaman, to table Ardina*mR 479-79 for further study. Motion failed by roll call vote with Couneilmembers Malston and Seaman voting yes. 3TION - AMENDMENT 01,000) Motion failed by tie vote, Voting no; R4talston, O'Reilly and Seaman. Voting yes; Ambarian, 1lailie and Glick. q _o 5/16/70 - Page 3 , ", MAIN, AS AMENDED,, Passed unanimously by roll call veto. B-2s Ordinance 481-79 Mayor O'Reilly road 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 reiterated his remarks as presented at the public hearing of May 2nd in that the improvements will not benefit just the property owners affected but will lend aid to all the residents of Kenai. Mr. Thomas also commented that it was his understanding that the ordinance would be defeated and the City would start over following proper procedures and it wain his opinion,a Voss waste of taxpayers'money. MOTION: Councilwoman Olick moved, seconded by Councilman Malston, for adoption of Ordinance 491-70, installing luminaries on Willow Street and establishing an assessment district. Motion failed unanimously by roll call vote. Ordinance 404-70 Remained tabled B-4: ordinance 489-79 Mayor O'Reilly read Ordinance 489-70 by title only. "An ordinance amending Ordinance 290-70. Kenai Municipal Airport Regulations providing for a grass/ski Strip " • Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Ordinance 489-79, amending Airport Regulations. Motion passed unanimously by roll call vote. B-5: Ordinance 490-70 Mayor O'Reilly read Ordinance 400-79 by title only. "An ordinance repealing Article 3 of tho 1903 Komi Cede as amended (Zoning Ordinance) as this function has been J relegated to the Kenai peninsula Borough." There was no public comment, t f i i 1 5/18/ 79 - Page 4 MFION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 490-79, repealing Article 3 of the Code relative to the zoning ordinance. Motion passed unanimously by roll call vote. B-Se. Ordinance 492-79 Mayor O'Reilly road Ordinance 492-79 by title only. "An ordinance increasing estimated revenues and appropriations in the Federal Revenue Sharing Special Revenue Fund by $24,000." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to table Ordinance 492-79, until such time the matter of tte status of the City shop relative to the FAA has been resolved. Motion passed unanimously by roll cell vote. B-7: Ordinance 493-79 Mayor O'Reilly read Ordinance 49349 increasing estimated revenues and appropriations 0 in the Federal Revenue Sharing Special Revenue Fund by $8,000i' There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Ordinance 493-79, increasing revenues/appropriations by $9,000, Councilman Ambarian advised that the Public Works Committee from Council had reviewed the proposed addition to the Animal Shelter and recommended approval of the ordinance in order that the project might proceed accordingly. QUESTION: Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO HE HEARD C-1: Robert Roper Mr. Roper came before Council for consideration of his request for additional lease lands which would involve 12 acres located within Tract C . Mr. Roper stated that the request would enable him to further develop a total harbor facility . J c ' W 7 5/16/79 -Page S , 7A lvp I C-2: Marvin Dragsoth Mr. Dragseth, representing Royal Fisheries, stated that his firm would like to lease S acres for a dock facility and apparently his request was in conflict with the request from Mr. Roper. Mayor O'Reilly advised that he had sent letters to nominees for the Harbor Commission and upon their acceptance would like a special meeting of Council called for confirmation of the commissioners and set a meeting as soon as possible to address the situation. MOTION: Councilman Bailie moved, seconded by Councilman Seaman, that the Council authorize Administration to proceed with survey of that parcel of lands located within Tract A and lands south and up river of the present Roper lease area. Councilman Ambarian stated that in the pa st Planning and Zoning has not extended leases within Tract A as the BLM transferred the tract of land to the City with the restriction that it be used for recreational purposes. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Malston, that Tract A be deleted. Motion passed unanimously. MAIN, AS AMENDED Motion passed unanimously by roll call vote. Mayor O'Reilly advised that he would be meeting with the Harbor Commission and requested that Councilwoman Glick also attend the Harbor Commission meetings as a representative from Council. MOTION: Councilwoman Glick moved, seconded by Councilman Melston, that the matters pertaining to the lease applications from Royal Fisheries and Mr. Roper be referred to the Harbor Commission at a meeting scheduled for Tuesday, May 22nd. Motion passed unanimously by roil call vote. D. MINUTES D-I., Minutes of the regular meeting of May 2, 1979 Councilwoman Glick requested that corrections be made to the minutes on page S in the first paragraph .........Building Inspector did not enforce the Uniform Building Code...... and in the last sentence in the first paragraph ...........and she settled out-of•court • Minutes stood approved as corrected. . D- mutes of the Special Meeting of May S, 1979 Approved as distributed. 5/10/79 - Page 6 E. CORRESP011DENCE None F. OLD BUSINESS F-1: Resolution 79-41 MOTION: Councilwoman Glick moved, seconded by Councilman Beaman, to bring Resolution 79-41 back from the table. Motion passed unanimously. Mayor O'Reilly road Resolution 79-41 by title only. "A resolution accepting the Kenai Municipal Airport Master Plan Study (January 1979) prepared by TRA/Farr and TAP, Inc. for the City." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Beaman, for adoption of i Resolution 79-41, accepting the Kenai Municipal Airport Master Plan. Motion passed unanimously by roll call vote. F-2: Remained Tabled F-3., Resolution 79-Q + MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, to bring Resolution 79-61 back from the table. Motion passed unanimously. Mayor O'Reilly read Resolution 79-61 by title only. "A resolution awarding the construction Of an addition to the Animal Shelter." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 79-61, awarding construction of addition to the Animal Shelter to Timberline -- Industries in the amount of $32, 697. FI --_- Motion passed unanimously by roll can vote. I 5/10/70 o Page 7 P-4s final Payment M(. _ 014s Councilwoman thick moved, seconded by Councilman Ambarian, to bring the matter of payment to TRA/Parr book to the table. Motion passed unanimously. MOTION: Councilman Ambarian: moved, seconded by Councilwoman Oliek, for approval of final payment in the amount of $8,333.00 to TRA/Parr for the Kenai Master Plan Study. Motion passed unanimously by roll call veto. H-51 Special Use Permit MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to bring the matter of Special Use Permit for John and Kristine Stoohnor back from the table. Motion passed unanimously, MOTIONS Councilman Ambarian moved, seconded by Councilman Malston, for approval of Special Use Permit for John and Kristine Stoehnor for a term of five years at the annual rental of $392.73 for use of property described within the Permit for operation of a jet fueling facility. Motion passed unanimously by roll call vote. H-Gs Appointment of harbor Commission members Mayor O'Reilly advised that the members would be confirmed at the special meeting of May 19,1079, 0, NEW BUSINESS 0 1s Sills to be paid - bills to be ratified MOTWN: Councilman Malston moved, seconded by Councilman Seaman, for approval of bills to be paid and bills to be ratified as submitted this date, - -- Motion passed unanimously by roll call votes, i -- 0-2s Requisitions exceeding $500 i Councilman Malston mewed, seconded by Councilman Seaman, for approval of requisitions exceeding $500 as submitted this date. 1 Motion passed unanimously by roll call veto. r E .. 1 s 5/16/79 - Pago 8 O- M Ordinance 494- 70 Mayor O'Reilly read Ordinance 404.70 by title only. "An ordinance of the .Council of the City of Kenai adopting the annual budget for fiscal year commencing July 1, 1970 and ending Juno 30, 1080 and setting tax levy for said fiscal year. MOTION: Councilman Ambarian moved, secondod by Councilwoman Glick, for introduction of Ordinance 494-70, annual budget PY 1070-80. Motion pased unanimously by roll call vote. 0-4s Ordinance 496-70 Mayor O'Reilly read Ordinance 495-70 by title only. "An ordinance increasing estimated revenues and appropriations in the 1978-70 Airport Terminal Enterprise Fund Budget by $3,000." MOTION: Councilwoman Glick moved, seconded by Councilman Ralston, for introduction of Ordinance 405-79, increasing revenues and appropriations by $3, 000 in the airport Terminal Enterprise Fund. Motion passed unanimously by roil call vote. 00 Ordinanwe 496-70 Mayor O'Railly read Ordinance 496-70 by title only. "An ordinance rescinding Ord. 373-77 and 374-77 establishing a Capital Project Fund entitled "Street Improvements" and increasing estimated revenues and appropriations in the amount of $441,900 for EDA Project 07-51-26998." MOTION: Councilman Ambarian moved, seconded by Councilwman thick, for introduction of Ordinance 496-79, EDA Project 07-51-20908, increasing estimated revenues/appropriations in the amount of $441, 800. Motion passed unanimously by roll call vote. a-8s Ordinance 497-79 Mayor O'Reilly read Ordinance 497-79 by title only, "An ordinance increasing estimated revenues and appropriations' m the 1078-79 General Fund budget by $40,000 to retain a financial adviser and bond counsel regarding Industrial Development Bonding." MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for introduction of Ordinance 497-79, increasing estimated revenues/appropriations by $40, 000 to retain a financial adviser and bond counsel. Motion passed unanimously by roll call vote. j 5/16/79 - Page 9 G-7: Ordinance 498-79 Mayor O'Reilly read Ordinance 498-79 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." MOTION: ! Councilwoman thick moved, seconded byCouneilmnn Sallie, for introduction of Ordinance 498-79, installation of luminaries on Willow Street. Motion failed by roll call vote with Mayor O'Reilly voting yes. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that installation of luminaries be included in the up -coming Willow Street Project and costs for this portion of the project to be borne from Local Roads and Trails funds and street bond monies and, in addition, Administration was directed to prepare an ordinance for presentation at the next regular meeting. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilwoman Glick, to amend the motion to specify that $35, 000 would come from bond monios and $20,000 from Local Roads & Trails. Mayor O'Reilly requested that Vice Mayor Glick assume the Chair. Mayor O'Reilly stated that he would vote against the motion as he felt a portion of the costs should be borne by the property owners along Willow Street. Councilman Moldton stated that ho felt that the main issue was to light the way to and from the airport and could understand the basic objections of the property owners for sharing in the costs. MOTION - AMENDMENT Mayor O'Reilly moved, seconded by Councilman Bailie, to amend the main motion to include that $25,000 of the improvement be raised by assessment against the benefitted property E and balance of costs to be equally divided between bond monies and Local Roads a Trails. City Manager Wise commented that this amendment would create a great accounting burden for the entire project. With consent of second, Mayor O'Reilly changed the figure to $40, 000 rather than f 25, 000. QUESTION: Motion failed by roll aall vote with Councilmembers Bailie and O'Reilly voting yes. QUESTION: —s Amendment passed with Councilmembers Bailie and O'Reilly voting no. �. AS AMENDED: Motion passed by roll call vote with Councilmembers Bailie and O'Reilly voting no. 'f 5/18/79 -Page 10 . -----_ 0-6: Resolution 79-62 Mayor O'Reilly road Resolution 79-62, transferring monies in the amount of $300 in Legislative Printing & Binding budget to provide funds for copying charges for the remainder of the fiscal year. There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Resolution 79-62, transferring $300 in Legislative, Printing & Binding, for copying charges. Motion passed unanimously by roll call vote. 0-9: Resolution 79-83 Mayor O'Reilly read Resolution 70-63 transferring funds in the amount of $3,469 in the 1976-79 Water & Sower Special Revenue Fund budget to provide salaries and overtime for the remainder of the fiscal year. There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Malston, for adoption of Resolution 79-63, transferring $3,469 in the Water & Sewer Special Revenue Fund for salaries and overtime for the remainder of the fiscal year. Motion passed unanimously by roll oall vote. 0-10: Resolution 79-04 Mayor O'Reilly read Resolution 79-64 by title only. "A resolution establishing Terminal lease rates and a fee schedule for the period of July 1, 1979 through June 30, 1980 in the Kenai Municipal Airport Terminal." There was no public comment. MOTION: Councilman Malston moved, seconded by Councilman Seaman, for adoption of Resolution 79-64, establishing lease rates and a fee schedule for the Airport Terminal FY 1070-80. Councilman Ambarian inquired if it would be proper to adopt this resolution as the City ims not yet determined the amount of service to be provided to lessees in the Terminal. Motion passed unanimously by roll call vote. 10 Resolution 79-65 -[I r� I 5/16/79 - Page 11 Mayor O'Reilly road Resolution 79-66 by t!tlo only. "A resolution awarding the construction contract for construction of a lubrioation facility and addition to the Shop Building." There was no public comment. MOTION - TABLE: Councilman Ambarian moved, seconded by Councilman Malston, to table Resolution 79-65 until such time the matter of the Shop Building and the FAA relationship in same has been resolved. Motion passed unanimously by roll call vote. 0-12: Resolution 79-66 Mayor O'Reilly read Resolution 79-00 transferring funds in the amount of $100 in the Airport Terminal Enterprise Fund budget for rebidding of the Airport Terminal winterization project. There was no public comment. MOTION: , Councilman Seaman moved, seconded by Councilwoman Glick, for adoption of Resolution 79-68 transferring funds in the amount of $100 for rebidding of the Airport Terminal winterization project. Motion passed unanimously by roll call vote. 0-13: Resolution 79-07 ' Mayor O'Reilly read Resolution 79-07 by title only. "A resolution accepting a grant otter / from the State of Alaska, Department of Natural Resources for;28,225." There was no public comment. MOTION: Councilman Bailie moved, seconded by Councilwoman Glick, for adoption of Resolution 79-67, accepting a p grant in the amount of ;28,228 from Department of Natural Resources. Motion passed unanimously by roll call vote. 0-14: Resolution 79-08 Mayor O'Reilly read Resolution 79-00 by title only. "A resolution accepting a grant offer from the Federal Aviation Administration for $348,910." There was no public comment. 'rwv Councilman Malston moved, seconded by Councilman Railie, for adoption of Resolution 79-08, accepting a grant offer in the amount of $346,010 from FAA. 1. Motion passed unanimously by roll call vote. i� �• 61879-Pa r / / g e12 0-16: Resolution 79-69 Mayor O'Reilly read Resolution 79-69 transferring funds in the amount of 866 to provide a notary seal for the Department of Revenue clerk. There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Resolution 79-69, transferring $55 for purchase of a notary seal for the Dept. of Revenue. Motion passed unanimously by roll call vote. 0-16: Resolution 79-70 - Mayor O'Reilly read Resolution 79-70 by title only. "A resolution requesting the Kenai Peninsula Borough to rezone certain lands within the City of Kenai." City Manager Wise advised that this resolution would allow for the rezoning from conservation to general commercial lots 3 through 7, block 3 in Fidalgo Subdivision. There was no public comment. j MOTION: Councilman Malston moved, seconded by Councilman Seaman, for adoption of Resolution 79-70, requesting the rezoning of certain lands within the City of Kenai. Motion passed with Councilmembers Bailie and Glick voting no. 0-17: Resolution 79-71 " Mayor O'Reilly read Resolution 79-71, transferring funds in the amount of $2,100 to provide i, monies to purchase accessories for the Parks Department tractor. There was no public comment. MOTION: Councilman Bailie moved, seconded by Councilman Seaman, for adoption of Resolution 70-71, transferring monies in Parks Department for purchase of accessories for the tractor. Motion passed unanimously by roll can vote. 0 0-18: Resolution 79-72 Mayor O'Reilly read Resolution 79-72, transferring monies in the amount of $2,300 in the State Jail contract special revenue fund to purchase a portable radio and two hand-held CB radios for jail use. There was no public comment. Y 1 • � 1 / -. 11 i_ -.Ir a n• ,- eels. r.—iT' il,. (1' ' I 6/16/70 - Page 13 MOTION: Councilman Malston moved, socondod by Councilman Bailin, for adoption of Resolution 79-72 transferring funds in the amount of $2, 300 in the State .Tail Contract Special Revenuo Fund, Motion passed unanimously by roll call vote. r] 0-19s Resolution 79-73 Mayor O'Reilly road Resolution 79-73 transferring funds in tho amount of $3,500 to provido monies for swooping of the City streets. There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 79-73 transferring funds in the amount of $3,500 for street sweeping. Motion passed unanimously by roll call vote. 0-20s Resolution 79-74 Mayor O'Reilly road Resolution 79-74 by title only. "A resolution granting certain easoments for construction and maintenance of a storm sower to the State of Alaska, Department of Transportation and Public Facilities." \J There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for adoption of Resolution 79-74, granting certain easements to the State of Alaska. Motion passed unanimously by roll call vote. 0-2b Resolution 79-75 Mayor O'Reilly read Resolution 79-75 by title only. "A resolution supporting the concept of Municipal Industrial Bond funding of the planned Serendipity Hotel complex." There was no public comment. ' MOTION: Councilman Ambarian moved, seconded by Councilman Bailie, for adoption of T- Resolution 79-75, supporting the concept of industrial bond funding for the planned Serendipity Hotel complex. Motion passed unanimously by roll call veto. 9k�) REPORTS 1 H-is City Manager o City Manager Wise requested authorization to proceed with recruitment of an individual j for the position of Airport Operations Officer, 5/10/79 - Page lh MOTION: Councilman Seaman moved, seconded by Councilman Bailie, to authorize Administration to proceed with recruitment of an Airport Operations officer. Councilman Ambarian stated that he would abstain from voting as he is considering applying for the position. QUESTION: Motion passed unanimously by roll call vote with Councilman Ambarian abstaining. (b) City Manager Wise stated that in order to handle the traffic of fish processors flying fish in and out of the area, the City will divide specific areas up on the ramp and will offer the space for lasso for a specific amount at a specified time of use. Councilman Ambarian suggested that the Public Works Committee review the proposal prepared by Administration at their next meeting. (e) Fine Arts Building - City Manager Wise stated that if the City were to undertake renovation of the building the costs would then inflate as the City must adhere to many regulations, eta. City Manager Wise also stated that he felt the City should have a definite plan for the use of the 5 acre tract on which the FinoArts Center is located to determine the direction the City must take in use of the area and the buildings thereon. (d) Fire Bub Station located on Beaver Loop. City Manager Wise suggested that Council consider having the line constructed to the proposed Fire Sub Station site at the time of construction of the water line down the Spur, City Manager Wise stated that it would involve approximately 400 foot of line which would require a change order. Councilman Mslston stated that the construction of a fire sub station is third on the priority list and the exact location has not yet boon actually decided upon. City Manager Wise advised that his suggestion was due to the fact that if the line were constructed at this time, it would be less costly than in the future, Councilman Ambarian stated that when the priority list was out, the Council directed that the fire sub station be constructed out of 1970-80 funds, Councilwoman Glick stated that the City must make a definite decision as to the location of the fire sub station prior to any further decision regarding the matter. MOTION: Councilmsn Ambarian moved, seconded by Councilman Bailie, for approval of change order to construct a water line to the proposed fire sub station site at the corner of Beaver Loop and the Kenai Spur, Motion failed by tie vote. Voting no; Glick, Malston and Seaman. Voting yes; Ambarian, Bailie and O'ileiily, Council directed that the matter be discussed during the Public Works Committee meeting and that Administration prepare costs estimates, etc. (e) City Manager Wise advised that a letter had been received from Union Oil in which they would like their agreement with the City altered to allow them to cap the well until such time there is a viable market for the gas, Council referred the matter to the City Attorney. i S/16/79 - Page 15 i H--2: City Attorney .. City Attorney Schlereth advised that with regard to the Union Oil matter, the City has in existence an ordinance, though out -dated, which outlines the procedures for such contracts and would have to review the ordinance in-depth prior to any agreement with Union Oil. (b) Brown Construction Suit - City Attorney Schlereth advised that Brown has not yet submitted a final pay estimate to the City. (e) ACI suit against the City is in "limbo" and the airport terminal cafe has been opened on a lessor scale than outlined in the lease. (d) Kenai Terminal Enterprise suit against the City - still awaiting final decision to be handed down from the Superior Court Judge. (a) Carol Gaudon matter - Councilwoman Glick inquired if Ms. Gauden had been informed of the City Attorney's opinion in her allegations against the City relative to the inspections performed on her residence in Redoubt Subdivision. City Attorney Sehlereth advised that he had not contaoted Ms. Gauden. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that the City Attorney make available a copy of his opinion to Carol Gauden relative to her allegations against the City of Kenai and the City's stand on the matter. r' Motion passed unanimously by roll call vote. U H-3: Mayor Mayor O'Reilly advised that Gail Glad contacted the Mayor to state that they have been in discussions with Dowell who has advised Glad Realty to drill holes and inject them with some type of cement in order to attempt to stop the water flow on the bluff that is causing serious erosion problems, Mayor O'Reilly stated that the City Manager has advised that the City is in the process of conducting tests to determine the nature of the water flow. H-4: City Clerk City Clerk Sue Peter read the results of a telephone poll conducted May 3, 1979 in which Council was asked for approval of the transfer of $200 from Police/professional services to Police/rentals for the purpose of renting a motorcycle to patrol beach area and bike paths. Results of the poll: Passed unanimously with Councilman Aber not voting. H-Ss Finance Director No report H-8: Planning a Zoning Conm►ission Councilwoman Glick advised that the lease application submitted by Bradley a Associates for lease of area between Ryan Creek and the Katmai was approved by the Commission. Also, Councilwoman Glick stated that the Council must address the rezoning request situation f r 5/16%78 - Pap 16 as the matter would be up before the Commission on items that have been postponed. Council concurred that the City adhere to its policy that no rezoning be allowed until the completion of the Comprehensive Plan. H-7: Assembly Councilman Ambarian advised that the Borough employees were approved a 7% increase across the board. Councilman Ambarian also advised that the Assembly had started the Board of Equalization hearings and have reviewed 21 cases as of this date, however, no appeals were granted. Have 90 appeals in total to hear and consider. H-8: Public Works Committee Councilman Ambarian advised that the Public Works committee mot and discussed the need for new City Hall office space and the equipment warm storage problem. Council concurred that Administration be directed to present cost proposals, ete.9for the proposed City Hall facilities. MOTION: Councilman Ambarian moved, seconded by Councilwoman thick, that Administration be directed to prepare financial options, etc., for the financing and construction of City Ball and two such proposals to include a City Hail/Council Chamber/Convention Center and City Hall/Counoil Chambers/Health facility. Motion passed unanimously by roll call vote. H-8: Parks a Recreation Councilman Malston reported on the recent meeting of the Recreation Commission in which Recreation Director Kayo McGilivray advised that his department had taken an inventory of City equipment, Atlantic Richfield will furnish portable backstops for the practice fields and the Recreation Commission also discussed the possibility of providing a space for the Recreation Director in the Fine Arts Building which would allow for storage space for City equipment as well. The Commission also discussed the fees and regulations of the City Park and felt that the regulations could be enforced by the Parks a Recreation Department on their daily rounds of the area for clean up, etc. Councilman Malston also reported that Recreation Director McGillvray advised that the plans for the Forest Drive Park area on the bluff should be implemented , in stages if need be, as soon as possible. Councilman Malston also suggested that the Recreation Director be in attendance at the Council meetings to keep Council abreast on the current Parks and Recreation programs. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Mr. Paul Nelson Mr. Nelson stated that he had submitted an appliettion for lease of a portion of Tract A adjacent to the dock facility and his proposal would provide for fueling and storage facilities and would limit use of the land as outlined in the regulations set forth by BLM in transferring i Wpm 5/10/79 - Page 17 Ow�the land to the City. Councilman Ambarian inquired if Mr. Nelson had given any thought to leaving the land in the City's name and. working under contract in the management of the dock area? Mr. Nelson stated that he had not considered this alternative and also advised that he would like to eventually expand the area into an off-loading facility. Mayor O'Reilly suggested that Mr. Nelson's roquost be brought up at the Harbor Commission meeting scheduled for Tuesday evening. ADJOURNMENT i There being no further business to be brought before Council, the meeting was adjourned i at 11: 30 P.M. I Respectfully submitted, I i A e C -Peter, City Clerk rY � I