HomeMy WebLinkAbout1979-06-06 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR MEETING
�1 JUNE 0,1979 - 7: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
A. BOLL CALL
AGENDA APPROVAL
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B. HEARINGS
- 1. Ordinance 484-79, increasing estimated rovenucs/appropriations to complete
ground control, aerial photography and mapping within the City of Kenai.
2. Ordinance 492-70, increasing estimated revenues/appropriations for addition to Shop
- S. Ordinance 494-70, adopting the annual budget FY 1070-90 a setting the tax levy.
4. Ordinance 405-70, increasing estimated revenues/appropriations in the
Airport Termidbl Enterprise budget for maintenance s remodeling of the Terminal.
5. Ordinance 498-70, establishing a capital project fund entitled "Street Improvements"
S. Ordinance 497-70, increasing estimated revenues/appropriations to retain a financial
Adviser and bond counsel regarding industrial development bonding.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C1. Mr. Loo Oberts
2. Mr. Aaron Sacks
3. Mr. Jack Thompson
4. Mrs. Betty Warren 4 Mrs. Pat Porter
D. MWTES
1. Minutes of the regular meeting of May 10, 1079
2. Minutes of the special meeting of May 18,1970
tJ E. CORRESPONDENCE
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F. OLD BUSINESS
1. Resolution 79-57, awarding a contract for topographic mapping within the City of Kenai
2. Resolution 79-65, awarding contract for addition to Shop Building
-- 3. Ordinance 455-78, Tidelands
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0. NEW BUSINESS
1. 'Bills to be paid - bills to be ratified
2. Requisitions exceeding $500
3. Ordinance 499-70, State of Alaska participation in the purchase of snow removal equipment
for the Kenai Airport.
4. Ordinance 500-79, amending Ordinance 290-76, Kenai Municipal Airport Regulations
5. Ordinance 501-79, providing for advisory referendum for future use of 1% sales tax
8. Ordinance $02-79, Charter amendment concerning sale of Section 38 a dedication of funds
7. Ordinance 503-79. amending the Personnel Regulations by adding Classification a Pay Plan
S. Ordinance 504-79, authorizing sale of Lot 2, Spur Subdivision ill a establishing
terms and conditions of sale
9. Resolution 79-76, transfer of monies in Water a Sewer Special Revenue Fund Budget
10. Resolution 79-77, transfer of monies in Finance Department for rental of data
processing equipment
U. Resolution 79-78, extending the loaso of tho old library building to the Historical Society
12. Resolution 79-79, transfer of monies in Library budget for compensation to library assist.
13. Resolution 79-80, requesting rezoning of portion of Beaver Creek subdivision
14. Resolution 79-81, authorizing execution of documents for deferred compensation agreements
15, Resolution 79-82, authorizing issuance of special use permits for short term parking
of commercial aircraft in the Kenai Municipal Airport and establishing a parking fee
18. Resolution 79-03, accepting a grant from State for topographical studies
17. Resolution 79-84, transfer of monies in Water a Sower Special Revenue Fund budget
18. Resolution 79-05, transfer of monies within certain departments in Public Works
10. Resolution 79-86, transfer of monies in Parks Department to replenish small tools
20. Resolution 79-87, transfer of monies for donation to Kenai Arts a Humanities Council
21. Resolution 79-89, Rejection of bids received for arctic doors in Terminal
22. Resolution 79-09. transfer of monies to provide schematics for City Hall a additional
surveying required
23. Payments to CH2M Hill for professional services rendered
24. Payment to Coopers a Lybrand for professional services rendered
25. Periodic estimate for partial payment - Norcon, Inc. - Airport Improvements Project
20. Periodic estimate for partial payment - Wildwood Construction - Water line project
27. Sublease agreement between Swearingen/Morgan and Sealaud Freight Service, Inc.
29. Discussion of "Contract for Communication services"
29. Discussion of "Special Use Permit" for designated use of ramp space at Airport
30. Discussion - LUae Street
31. Approval of preapplication for ADAP grant for warm storage
32. Approval of preapplication for ADAP grant for additional snow removal equipment
33. Change Order - construction of water line to proposed fire sub statLm site on Beaver Loop
&YNffMMa1ft7 Construction
T;. 1. city Manager
2. City Attorneys
3. Mayor
4. City Clerk
5. Finance Director
0. Planning a Zoning commission
7. Kenai Peninsula Borough Assembly
S. Public Works Committee from Council
9. Harbor Commission
. I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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KENAI CITY COUNCIL - REGULAR MEETING
UNE 6. 1079 - 7: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Charles Bailie, Betty Glick, Rcn Malston, Vincent O'Reilly, Michael Seaman,
Phillip Aber and Edward Ambarian.
Absent: None
AGENDA APPROVAL
The following adjustments were made to the Agenda:
Deletion of item G-33
Add items 0-34 and 0-35
MOTION:
Councilman Maidton moved, seconded by Councilman Ambarlan, in the event the regii1ar
business of Council was not completed by U p.m., the Council would recess until
r7 p.m. Thursday, June 7th.
Councilwoman Glick commented that relative to the additions presented to Council
to be placed at the agenda, the Council had previously resolved that additions would
not be aeceptablo as they did not provide Council adequate time for review. Coundl-
woman Glick stated that she would agree to the additions this evening, but requested
that steps be taken to eliminate continuation of additions to the agenda on the meeting
night
QUESTION:
Motion to recess at U p.m. passed unanimously by roil call vote.
B. HEARINGS
B-1: Ordinance 404-79
Mayor O'Reilly read Ordinance 484-79 by title only. "An ordinance increasing
estimated revenues and appkopriations in the 1978-79 General Fund Budget in the amount
of $65,000 to complete ground control, aerial photography and mapping within the
City of Kenai."
There was no public comment.
City Manager Wise requested that the figures be adjusted to $94,372 as the City had
been informed of the actual amount offered by Division of Coastal Energy Impact.
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8/8/79 - Pap Two
MOTION:
Councilwoman Glick moved, seconded by Councilman Melston, for adoption of
Ordinance 494-70, increasing estimated revenues/appropriations in the amount of
$84,372.
Motion passed unanimously by roll call vote.
B-2: Ordinance 492-70
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."
MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman, to bring the matter
of Ord. 492-70 from the table.
Motion passed unanimously by roll call vote.
There was no public comment.
MOTION:
Councilman Seaman moved, seconded by Councilman Bailie, for adoption of
Ordinance 492-79, increasing estimated revenues/appropriations by $24, 000
for additional funds for the City Shop addition project.
Motion passed unanimously by roll call vote.
B-3: Ordinance 494-79
Mayor O'Reilly read Ordinance 494-79 by title only. "An ordinance adopting the
Annual Budget for fiscal year commencing July 1,1979 and ending June 30,1980
and setting the tax levy for said fiscal year."
There was no public comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Ordinance 494-79, setting the tax levy at 12.5 mills for fiscal year 1979-80.
City Manager Wise requested that the budget document be emended to retleet that
the $1,000 contribution to the Convention Bureau is not needed, however, the
$1,000 should be added to the Chamber of Commerce contribution from the City.
MOTION - AMENDMENT
Councilwoman Glick movrod, seconded by Councilman Malston, to amend the 1979-80
budget to increase the City's donation to the Chamber of Commerce by $1, 000 and
delete this donation to the Convention Bureau.
Motion passed with Councilmembers Bailie and Aber voting no.
8/0/79 - Pago Three
1weJUESTION, MAIN AS AMENDED
r Passed unanimously by roll call vote with Councilman Ambarian abstaining
on the Airport Operations portion of the budget,
B-4: Ordinance 498-79
Mayor O'Reilly read Ordinance 498-79 by title only. ."An ordinaneo Increasing
estimated revenues and appropriations in the 197b-7b Airport Terminal Enterprise
Budget by $3,000."
There was no public comment.
MOTION:
Councilman Seaman moved, seconded by Councilman Bailie, for adoption of
Ordinance 495-70, increasing estimated revenuos/appropriations in the amount of
$3,000 in the Airport Terminal Enterprise Budget.
Motion passed unanimously by roll call vote.
B-g: Ordinanco 490-79
Mayor O'Reilly read Ordinance 490-79 by title only, "An ordinance rescinding
Ordinances 373-77 and 374-77 establishing a Capital project Fund entitled "Street
�^ Improvements" and increasing estimated revenues and appropriations in the amount
of $441,800 for EDA Project No. 07-51-26908,"
There was no public comment.
MOTION:
Councilwoman thick moved, seconded by Councilman Seaman, for adoption of
Ordinance 496-70, establishing a capital project "Street Improvements" and increasing
estimated' revenues and appropriations by $441,800.
Motion passed unanimously by roll call vote.
0-8: Ordinance 407-70
Mayor O'Reilly read Ordinance 497-79, increasing estimated revenues and
appropriations in the 1978-79 General Fund Budget by $40,000 to retain a financial
adviser and bond counsel regarding Industrial Development Bonding."
There was no public comment.
MOTION:
Councilwoman Glick moved, s*mnded by Councilman VI alston, for adoption of
Ordinance 497-79, appropriating $40,000 to retain a financial adviser and bond counsel,
Motion passed unanimously by roll call vote.
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C. PERSONS PRESENT SCHEDULED TO BE BEARD
qj-1: Mr. Leo Oberts
Mr. Oberts advised Council that his insurance firm had received communications
indicating a shift in fire insurance rates in that some of the insurance companies will
now be measuring the distance from a responding station. Mr. Oberts encouraged Council
to proceed with plans for a fire sub -station to alleviate the persons living in the out -lying
areas of a higher fire rate. Mr. Oberts also advised that he was presently in the process
of developing a 20 acro tract of land s would like to have a community water supply for the
proposed subdivision. Mr. Oberts stated that artesian water has been located and Mr.
Oberts proposed to deed a certain parcel of land to the City of Kenai for the purpose
of drilling a well for that area of the City not served by the existing well. Mr. Wiso
stated that the City would be acceptable to receiving the parcel of land, however, it would
be very difficult to estimate a time in which a well might be drilled. Mr. Oberts also
commented that he had attended a Chamber of Commerce luncheon in that the guest
speaker reported on a new method for fish processing -- Mr. Oberte stated that the City
should proceed without delay on development plans for cargo and shipping facilities
to facilitate such companies as the fish processors so that Kenai could compete with
the Anchorage area in shipping and receiving. One further comment from Mr. Oberts
was his request that the City maintain the street in the front of Oberts Building in the manner
it was formerly maintained as this past winter the City crews removed snow some 20'
out from the area normally cleared. Mr. Oberts requested that Public Works be advised
to clear snow closer to the sidewalks area.
-- t-2: Mr. Dale Dolfte representing Aaron Barks
Mr. Dolitka came before Council on a matter that Council had been apprised on at a prior
meeting. Mr. Dolitka's client, Mr. barks, purchased a piece of property from the City
which had been foreclosed upon and put for bid by the City. Mr. Barks proceeded
with getting title to the property in order to develop it and found that a bank had a
$21,000 judgment against the property. Mr. Barks is now requesting reimbursement
of the funds paid to the City to date, reduction of same or request that the City establish
their position relative to the matter.
City Attorney Schlereth gave a brief history of the matter to bring Council up-to-date
and reminded Council that when Mr. Barks' situation was brought to Council on a
previous occasion the Council directed that they would not refund Mr. Barks' down
payment nor give him relief on taxes and assessments that are due. Mr. Behiereth
stated that perhaps one alternative for Mr. Sarks would be to We "quiet title" action
through Court or perhaps Council could determine a specific amount of money that
could be refunded to Mr. Sarks, Councilman Mslston inquired as to the amount of taxes
that are now due and payable and any other outstanding monies oared against the property.
Councilwoman Glick suggested that Administration investigate the exact amounts owing,
etc., and any other pertinent information and present such findings to Council at the
next regular meeting. Council so concurred.
Mr. Jack Thompson
Not present
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Mrs. Betty Warren and Mrs, Pat Porter
Mrs, Warren stated that she had been advised that there were monies available
in the amount of $87,000 through the State for eonstruetion of additions, renovation, otoq
to Senior Citizen facilities. Mrs. Warren stated that these funds were available but are
to be 25% locally matched, Mrs. Warren proposed that the City add a wing to Fort Kenay
for use as a ceramic studio as the senior citizens must be taken to Soldotna in order
to attend classes twice a week. Mrs. Pat Porter, Senior Citizen Director, advised that
the grant stipulates that the senior citizens be given use of that portion of the building
for at least 10 years, however, the addition would not be for their exclusive use.
Councilwoman Glick inquired if the ceramics center would not be in conflict with the Fine
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Arts Center and was advised by Mrs. Porter that the senior citizens wished a place of their
own whereby they could leave their supplies and products without removing them after
each use. Councilwoman Glick suggested that as there was space available in the Fine
Arts Center, perhaps a room could be set aside for use by the senior citizens. Councilman
Ambarian inquired if Administration had a source for the City's match of the grant and was
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advised by Mr. Wise that the City had no source of funding at this time.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston , that the grant application
be prepared for submission to the State and the proposed project be added to the
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City of Kenai priority list and reviewed by the Public Works Committee from Council.
Motion passed unanimously by roll call vote,
D,
MNi1TES
D is
Minutes of the regular meeting of May 16,1079
Approved as distributed
D-2,,
Minutes of the special meeting of May 18, 1979
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Approved as distributed
E.
CORRESPONDENCE
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None
F.
OLD 81JS1NESS
F-1:
Resolution 79-57
morION,
Councilwoman Glick moved, seconded by Councilman Ambarian, to bring Resolution
7047 back from the table,
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Motion passed unanimously by roll call vote
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Mayor O'Reilly read Resolution 79-57 by title only. "A resolution of the Council awarding
a contract for topographic mapping of selected portions of the City of Kenai."
There was no public comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-57, awarding contract for topographic mapping to UWH in the amount of
$55,000 with authorization for additional quarter sections for mapping as designated
by the City Manager within funds available at $2,000 per quarter section.
Motion passed unanimously by roll call vote.
F-2: Resolution 79-65
No action taken
F-3: Ordinance 455-70
MOTION: _
Councilwoman Glick moved, seconded by Councilman Malston, to bring Ordinance
455-78 back from the table.
Motion passed unanimously by roll call vote.
�1 Mayor O'Reilly read Ordinance 455-78 by title only. "An ordinance accepting conveyance
by the State of Alaska to the City of Kenai of tide and submerged lands lying seaward
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; of the City: approving and adopting the official subdivision plat of the area conveyed; and
establishing procedures by which preference rights may be exercised."
City Manager Wise dated that the leasing provisions have been revised and would
recommend that the ordinance be referred to the Harbor Commission for their perusal.
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�i MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, for reintroduction of
Ord. 455-78, Tidelands, and further that the ordinance be placed on the agenda of the
nest meeting of the Kenai Advisory Harbor Commission.
Motion paissed unanimously by rall call vote.
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G. NEW BUSINESS
G-l: Bills to be paid - bills to be ratified
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MOTION:
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Councilman Malston moved, seconded by Councilwoman Glick, for approval of
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bills to be paid and items for radffeation as submitted this date.
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� Motion passed unanimously by roll call vote.
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6/6/ 7 9 - Page Seven
�IOTION:
0-2: Requisitions exceeding $500
Councilwoman (click moved, seconded by Councilman Malston, for approval of items
listed as requisitions exceeding $500.
City Manager Wise advised that the Man rk Earth Research billing in the amount of $750
for archaeological survey will have to have an appropriating ordinance at the next
regular meeting of Council in order to provide proper funding. Mr. Wise advised
that the grant was for $320,000 but the City only appropriated $315,000.
i Qti58TION.
Motion passed unanimously by roll call vote with Councilman Ambarian abstaining
from voting on Performance World billing.
G-3: Ordinance 499-79
i Mayor O'Reilly read Ordinance 499-70 by title only. "An ordinance amending Ord.
436-78 by decreasing estimated revenues and appropriations in the Federal
Revenue Sharing Fund to reflect State of Alaska participation in the purchase of snow
removal equipment for the Airport." 41
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 499-79, decreasing estimated revenues/appropriations in Federal' Revenue 9
Sharing by $8,938.
Motion passed unanimously by roll call vote.
0-4: Ordinance 500-79
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Mayor O'Reilly read Ordinance 500-70 by title only. "An ordinance amending Ord. 290-76,
Kenai Municipal Airport Regulations."
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i MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 500-79, amending the Kenai Municipal Airport Regulations.
Councilman Ambarian requested that a more definitive description be prepared
relative to the tundra tires.
Y i QUESTION,
Motion passed by roll call vote with Councilman Aber voting no.
G-5: Ordinance 501-79
Mayor O'Reilly read Ordinance 501-79 by title only. "An ordinance providing for an
1 _ advisory referendum for the future use of one (1) percent sales tax now dedicated to
capital Improvements -If
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A) Councilman Seamen moved, seconded by Councilman Ambarian, for introduction
of Ordinance 501-70, providing for an advisory referendum for future use of 1% sales
Councilman Baille stated he would like to see the wording changed by deleting
"advisory" from the ordinance as the citizens of Kenai were asked to pass a sales tax
with the promise that it would be In effect for just five years, however, the Council
chose not to eliminate the sales tax -- the citizens should have a may and not a recommendation
as to such an important issue. Councilman Ambarian stated that he felt the Ordinance
was totally unjustified at this time as the City has no guarantee how much money will
be derived from the ode of City lands (Section 36) and he would, therefore, recommend
defeat of this ordinance. Councilwoman Glick stated that she would agree with the intent
of the ordinance but would agree with Councilman Ambarian that the matter Is premature
at this time. Councilman Malston stated that he felt a matter of this nature should be dis-
cussed in-depth In work sessions of the Council prior to preparation of an ordinance#
Motion failed by roll call vote with Councilmembers Bailie and O'Reilly voting yes.
Ordinance $02-70
Mayor O'Reilly road Ordinance 502-79 by title only. "An ordinance providing for the
submission of Charter amendments concerning use of fundsobtained from the sale
of City lands at the regular election of October 21 1979.
Councilman Ambarlan moved, seconded by Councilwoman Glick, for Introduction of
Ordinance 502-70, providing for submission of Charter changes concerning use of
funds obtained from the sale of City lands.
Councilman AmbarM t, stated that he felt this ordinance was also premature.
Motion falled with Councilmembers Bailie and O'Reilly voting yes.
Mayor OReilly read Ordinance 503-79 by tide only, "An ordinance amending the
Personnel Regulationo of the City of Kenai by adding thereto a classification and a
pay plan.
Councilman Baille moved, seconded by Councilman Seaman, for introduction of
Ordinance 503-70. alassification and pay plan.
Motion passed unanimously by roll call vote.
Mayor O'Reilly read Ordinance 504-79, authorizing sale of lot 2, Spur Subdivision 1,
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16.25 acres, and establishing terms and conditions of such sale."
ell TION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 504-79, authorizing sale of Lot 2, Spur Subdivision I, 16.25 acres.
Motion passed unanimously by roll call vote.
G-9: Resolution 79-76
Mayor O'Reilly read Resolution 79-78, transferring monies within the• Water k Sdwer -
Special Revenue Fund Budget in the amount of $3,82 to provide monies for utility
costs for the remainder of the fiscal year.
There was no public comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-78, transferring $3,831 in the 1978-79 Water, and Sewer Special Revenue
Fund budget.
Motion passed unanimously by roll tail vote.
a-10: Resolution 78-77
Mayor O'Reilly read Resolution 79-77 transferring $1,470 within the Finance Department
budget to pay the rental charges FX 78-79 on City's data processing equipment.
There was no public comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-77, transferring $1.4.70 in Finance for rental charges on the data
processing equipment.
Motion passed unanimously by roll call vote.
a-ll: Resolution 79-78
Mayor O'Reilly read Resolution 79-78 by title only. "A resolution extending the lease
of the Old Library Building to the Kenai Historical Society, Inc."
There was no public comment.
MOTION:
Councilman Seaman moved, seconded by Councilwoman Glick, for extension of lease
of "Old Library Building" to the Kenai Historical Society for a term of one year at the
+ annual lease rate of $1. Co.
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Motion passed unanimously by roll call vote.
to"1-12: Resolution 79-79
Mayor O'Reilly read Resolution 79-79 transferring monies in the amount of $300 in Library
to provide funds for the library assistant to receive the salary of range/step 14A while the
librarian is on vacation.
There was no public comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-79, transferring $300 within the Library budget.
Motion passed unanimously by roll call vote.
0-13: Resolution 79-80
Mayor O'Reilly read Resolution 79-00, requesting rezoning of a portion of the Beaver
Creek, Alaska Subdivision, from rural residential to general commercial.
There was no public comment.
MOTION:
,.� Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-80, rezoning of a portion of Heaver Creek Subdivision.
Councilwoman Glick advised that the Planning Commission held a public hearing on the
rezoning request and as the surrounding area is already zoned commercial, the Commission
felt the rezoning request was justified and recommended the matter go before Council
and the Borough.
Madan pawed unanimously by roll call vote.
0-14: Resolution 70-81
Mayor O'Reilly read Resolution 79-81 by title only. "A resolution authorizing the
City Manager and the Finance Director to execute the Plan Document and future Plan
Documents for deferred compensation agreements with the International City Management
Association Retirement Corporation."
There was no public comment.
MOTION:
Councilman Seaman moved, seconded by Councilman Bailie, for adoption of
Resolution 79-81, deterred compensation plant with the International City Management
_ Retirement Corporation.
Councilman Bailie stated that the document would need very precise review as it was
a very involved plan.
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8/8/79 - Pago Pleven
MOTION - TABLE
Councilman Bailin moved, seconded by Councilwoman Glick, to table Resolution 78-81
until the next regular meeting of Council.
Motion failed by roll call vote. Voting no; O'Reilly, Seaman, Aber and Ambarian
Voting yes; Bailie, Glick and Malston.
QUESTION:
Motion passed unanimously by roll call vote.
City Attorney Schlereth requested that Council include that the City Attorney set up
a side agreement with the employee so that the employee is absolutely aware of all
stipulations and requirements of the plan.
MOTION:
f Councilman Ambarian moved, seconded by Councilwoman Glick, for immediate
reconsideration of Resolution 78-81.
Motion passed unanimously by roll call vote.
MOTION - AMENDMENT
Councilwoman Glick moved, seconded by Councilman Ambarian, that prior to signing
the agreement with ICMA , the City Attorney review the requirements of the plan in full
and, 9 necessary, prepare an agreement between the City and interested persons releasing
the City of liability in the event the employee is dissatisfied with the program.
I Motion passed unanimously by roll call vote.
ASIN, AS AMENDED
Passed unanimously by roll call vote.
0-15: Resolution 79-82
i Mayor O'Bailly read Resolution 79-82 by title only, "A resolution authorizing the City
Manager to issue special use permits for the short term parking of a commercial air-
craft at the Kenai Municipal Airport and establishing a parking fee therefor
There was no public comment.
MOTION:
Councilman Seaman moved, seconded by Councilman Bailie, for adoption of
Resolution 711-02, authorizing special use permits for short-term parking of aircraft
at the Airport.
E MOTION - AMENDMENT
Councilman Ambarien moved, seconded by Councilman Malston, to amend the motion
--'� in the paragraph relating to the purpose for which this permit was issued......"
temporary structures to support the operation.
Motion passed unanimously by roll call vote.
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6/6/79 - Page Twelve
MAIN, AS AMENDED:
Passed unanimously by roll call vote.
G-16: Resolution 79-83
Mayor O'Reilly read Resolution 79-83 by title only. "A resolution accepting a grant
from the State of Alaska in the amount of $84, 372 for topographical studies by the City."
There was no public comment.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-83, accepting a grant in the amount of $84, 372 for topographical studies.
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Motion passed unanimously by roll call vote.
0-17: Resolution 79-84
Mayor O'Reilly read Resolution 79-94, transferring funds in the amount of $200 in the
Sewer Treatment Plant budget to provide money to purchase a supply of miscellaneous
small tools.
There was no public comment,
r-�+iOTION:
R.J Councilman Seaman moved, seconded by Councilman Bailie, for adoption of
Resolution 79-84, transferring $200 in the Sewer Treatment Plant budget for small tools.
/I Motion passed unanimously by roil call vote.
G-18: Resolution 79-85
Mayor O'Reilly read Resolution 79-85, transferring monies from streets - $275;
Animal Control - $230; and Shop - $2,040 to allow for: (1) add Trading Bay Road to the
street sweeping project, (2) purchase a refrigerator for the Animal Control Shelter and
(3) purchase a Stationary air compressor for the shop.
There was no public comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-85, transferring funds as itemized by Mayor O'Reilly above.
Motion passed unanimously by roll call vote.
0-10: Resolution 79-86
J ; Mayor O'Reilly read Resolution 79-86, transfer of $150 in Parks budget to replenish
small tools.
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There was no public comment.
OTION:
Councilman Malston moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-80, transfer of $150 within the Parks Department.
Motion passed unanimously by roll call vote.
0-20: Resolution 79-87
Mayor O'Reilly read Resolution 79-87, transferring monies ($8,000) to make a donation
to the Komi Arts a Humanities Council for repairs and improvements to the Kenai Fine
Arts Center.
There was no public comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-87, making donation in the amount of $8,000 to the Kenai Arts 8 Humanities
Council for repairs and improvements to the Fine Arts Center.
Motion passed unanimously by roll call vote.
G-2k Resolution 79-88
Mayor O'Reilly read Resolution 79-88 by titlo only. "A resolution rejecting all bids
for the winterization of and renovation to the Kenai Airport Terminal Building."
There was no public comment. ,
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-88 , rejecting all bids for the winterization of and renovation of the
Airport Terminal Building.
Motion passed unanimously by roll call vote.
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0-22: Resolution 79-80
Mayor O'Reilly read Resolution 79-89, transferring $3, 500 in the 1978-79 General
Fund Budget to provide funds for additional surveying of City lands and for the
preparation of a schematic design of a new City Hall. '
There was no public comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 79-89, transferring $3, 500 for additional surveying r schematic design.,
Councilman Ambarian requested that the Public WorksCommittee from Council
meet Thursday evening at 7 p.m. in the Public Safety Building and that all members
of Council most with Department Heads to discuss the schematics for a new City HAIL.
w • rr...�-s ..� un.. .. .. J_.. i�.,,....�.. na.. _rr. __ _�.....�.�- ___ L._.�_._�f�'a�F a -a•_.._ :.'.^: -�"'.A .. �.-_G
7.
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6/0/79 - Page Fourteen
UL+STION:
Motion passed unanimously t y roll call vote.
0-23: Payments to C112M Hill
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
payments to CH2M Hill as follows: Invoice 0775 - $4,533.90; Invoice 9795 - $1,100;
Invoice 0779 - $9,090.03.
Motion passed unanimously by roll call vote with Councilman Aber abstaining due to
business conflict.
0-24: Payments to Coopers a Lybrand
MOTION:
Councilwoman Glick moved, seconded by Councilman Bailie, for approval of
final payment in the amount of $205 to Coopers a Lybrand for audit of RDA Project
07201-01094.
Motion passed unanimously by roll call vote. `
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—9-25z Periodic estimate for partial payment
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MOTION:
Councilman Ambarian moved, seconded by Councilwoman thick, for approval of
periodic estimate 91 in the amount of $539, 497.47 So Norcon, Inc, for 1970 Improvements
to Kenai Airport.
Sao Motion passed unanimously by roll call vote with Councilman Aber abstaining.
0-28: Periodic estimate
ti
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
periodic estimate Bin the emount of $25,250.55 to''ildwood Censtruetion, Tnc./
Alaska Constructors, Inc./J.V. for Water Main Imarovements project subject to final
approval by Finance Director Charles Brown.
r . Motion passed unanimously by roll call vote.
E
0-27. Sublease agreement
MOTION:
-- y Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of
sublease agreement between Max Swearingen and Shirley Morgan, landlords and
Sealand Freight Service, Inc., tenant.
.!- ... -1rr :•nftY�=-�r, n�� n.�,.-e. �•--"fin
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8/8/79 - Page Fifteen
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Motion passed unanimously by roll call vote.
.28: Contract for Communication Services
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval
of Contract for Communication Services between the City of Kenai and the City of Soldotna
for a one year period in the amount of $ 38, 500.
Motion passed unanimously by roll call vote.
RECESSED AT 11: 00 P.M.
THURSDAY, JUNE 7, 1979
Present: Charles Bailie, Betty Glick, Ron Malston, Vincent O'Reilly, Michael
Seaman and Edward Ambarian
Absent: Phillip Aber
0-29 Special Use Permit
Discussed under item 0-15.
0-30: Discussion - Lilac Street
Councilman Ambarian advised that the members of the Public Works Committee had ;
requested the City Manager to send a letter to the residents of Lilac asking their
input as to their desires relative to Lilac Street. 27 letters were sent and only 7
responding requested that the street be returned to its original condition. Councilman
Ambarian stated he would recommend that the City Manager write another letter to
the residents advising of the response and as such the City does not feel it can make
any adjustment or changes at this time.
Council concurred that the letter be sent but to emphasize that the line of communication
shall always remain open between City Hall and the residents of Lilac Street.
0-31:
0-32 ADAP Grants
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Councilman Ambarian reported that the Public. Works Committee recommended that the
Pr 1140-0010, for AD" funding be prepared and submitted to Council.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for approval to submit
to the Federal Aviation Administration a preapplication requesting $220,000 for a warm
storage facility and $502, 000 for additional snow removal equipment to support the
Airport.
Motion passed unanimously by roil tali vote.
0-33: Deleted
.x• - -- ----- -..W
6/6/79 - Page Sixteen
-34. Final Pay Estimate - Brown Construction
MOTION:
Councilman Malston moved, seconded by Councilman Seaman, for approval of
final pay estimate from Brown Construction Company in the amount of $11,440 for
winterization of the warm storage facility.
Motion passed unanimously by roll call vote.
0-36: Periodic Estimate No. 1
MOTION:
Councilman Seaman moved, seconded by Councilman Bailie, for approval of
periodic estimate 61 in the amount of $42,651.78 to PR&S, Inc. for 1979 Water, Sewer &
Street Improvements project.
Motion passed unanimously by roll call vote.
H. REPORTS
H-1: City Manager
City Manager Wise advised that he had no additions to the written report submitted
to Council with the agenda packet on Friday.
Councilwoman thick inquired as to the reason that the illuminaries ordinance had not
been included on the agenda and Mr. Wise advised that it had been inadvertently
left off.
H-2: City Afarney
(a) City Attorney Schlereth advised that he had been in receipt of a letter from William D.
McCool, in which Mr. McCool, a local attorney, reported that there is an interested
party in obtaining the lease from ACI for operation of the Airport bar and cafe. Mr.
Schlereth suggested that a committee from Council meet with all parties concerned
relative to the matter or invite the prospective lessee to meet with all the members of
Council along wiih Gary Eitel of ACI. Council so concurred and Mr. Schlereth advised
that he would arrange such a meeting.
(b) Aaron Barks matter - City Attorney Schlereth advised that $203.70 was due for 1078
taxes, assessments in the amount of $1,104.45 for improvements that existed prior to
Mr. Barks' purchase of the property of which he has paid $1,800 against the contract
for the purchase. Councilwoman Glick inquired if any of the assessment payments
had been made and City Attorney Schlereth advised that Mr. Barks had made no payments
to the City after the purchases of the property. Councilman Bailie stated that in purchasing
foreclosed property, a person was taking a chance in ever obtaining clear title to the
property. Councilman Seaman suggested that as it appears Mr. Sarks would like to
terminate his agreement with the City, the Council might consider requesting that he pay
back taxes and delinquent installments on assessments that were to be paid over the past
Q
6/i/79 - rage Seventeen
. two years.
1 11
e' OTION:
Councilman Ambarian monied, seconded by Councilwoman Glick, that the City hereby
authorize settling with Mr. Aaron Sarks in consideration of payment of 1979 taxes,
pro -rated taxes for 1979, installment payments on assessments for 1978 and 1979 and
attorney fees in the amount of $750.
City Attorney Schlereth stated he would have a problem with the attorney fees as he
felt they wore excessive. Councilman Malston stated that the Council, on a previous
occasion, had decided not to refund Mr. Sarks' money and would feel that the Council
policy should remain as is. Mayor O'Reilly inquired if the City did nothing what would
be the future course of action? City Attorney Sehlereth advised that if Mr. Sarks does not
pay the taxes, the Borough will again foreclose and the City will get the property back.
WITHDRAWAL OF MOTION:
With consent of second, Councilman Ambarian withdrew his motion.
MOTION:
Councilman Malston moved, seconded by Councilman Ambarian, that the City assume
ownership of the property and not refund any of Mr. Sarks $1, 800.
Motion passed by roll call vote with Councilmembers Bailie and Glick voting no.
, :(o) Constellation - City Attorney Schlereth advised that the Lockheed Constellation had
been sold for a price of $150. Mr. Schlereth reported that the aircraft had been sold to
an individual who apparently will make the necessary repairs to remove the aircraft
from the area. Mr. Sehlereth requested Council confirmation of the sale of the plane
to Gerald E. McNamara of Santa Ana, California.
! MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for confirmation of the
sale of the Lockheed Constellation to Gerald E . McNamara for the total price of $150.
Motion passed unanimously by roll call vote.
QUESTIONS AND COMMENTS
Councilman Malston stated that he would support an ordinance that could provide
for handling of public nuisances administratively. City Attorney Sehlereth stated he
would research the matter. Councilwoman Glick requested that the City Administration
look into the faet if Mr. Roy Jahrig'a building is in compliance with City set back
requirements. City Manager Wise advised that he would request the Building Inspector
look into the matter. Relative to Mr. Jahrig clearing his property of unsightly materials,
Councilman Bailie suggested that the City approach Mr. Jahrig in a civil manner and request
his cooperation.
^` Carol Gauden matter - Councilwoman Glick inquired if Ms. Gauden had been advised of
the City Attorney's Opinion and was informed by City Attorney Schlereth that he had
talked with Ms. Gauden and clarified several items within the report, however, she
j indicated she would proceed with legal action against the City.
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6/ 6/ 79 - Page Eighteen
Day Care Center - Mayor O'Reilly reported that the Day Care Center now operating on
Beaver Loop needs the City's support to proceed with a grant application that entitle
persons of lower income to be subsidized by the State for child care. The Day Care
Center has indicated that they would handle all paper work involved.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, that Administration
be directed to pursue the grant.
Councilman Ambarian stated he would vote agsinst the motion as he was not in favor of
subsidizing such a program when the City mill' rate still stands at 12.5 mills and
Councilman Ambarian further commented that the grant would be so involved that City
time and effort would be involved to administrate the program properly.
City Attorney Sehlereth advised that the City has been advised it can sub -contract out the
program and thus the reason for the Day Care Center offering to take over the program.
Mr. Schlereth advised'4hat any licensed Day Care Center is entitled to receive funds from
the State . Councilwoman Glick commented that the Day Care Canter may not be able
to keep up with the more -than -likely monumental amount of paperwork that will be
involved and the City will be asked to contribute additional funds. Councilman Ambarian
stated that if other Day Care Centers would be eligible for these funds, would Care Centers
outside the City limits also be eligible? City Manager Wise advised that the City could
limit the subsidy program to residents of the City.
D Mayor O'Reilly requested that Vice Mayor Glick assume the Chair.
Mayor O'Reilly stated that he would vote for the motion even though he could see Council's
way of thinking that the program could become a burden to the City, however, feel
that such a program would enable persons of low income to place their children in the
Day Care Center and seek meaningful employment. Councilman Malston stated that in
discussions with the City Attorney, he was advised that the Community a Regional
Affairs audit the program on a monthly basis and if there were any problems along the
way, they could be taken care of comparatively feet, Councilman Malston further
commented on the fact that the program would be limited to citizens from Kenai as Kenai
wants to promote persons living in outlying areas to come into the City and utilize our
services.
QUESTION:
Motion failed by roll call vote with Councilmembers Malston and O'Reilly voting yes.
H-3: Mayor
Mayor O'Reilly advised that he would be submitting a memorandum to Council of
his trip outside and contacts that were made.
H-4: City Clerk
City Clerk Sue Peter read into the record the telephone poll conducted on 6/ 5/ 79
at which "The Public Works Committee met Friday night with the Mr. and Mrs. Don Brown
of Brown Construction. The agreement reached was:
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6/6170 - Page Nineteen
1. Pay estimate #6 would be marked in final - which Brown Construction did.
2. Subcontractors release provided - which was done.
3. Brown Construction will waive $5,000 claim for equipment if City will settle
outstanding claims with HEA, KUSCO, City (Kenai Rlectric).
These claims amount to: Kuseo - $678.86, HEA - $1, 448.11 and City (Electric) - $455.70.
Admi3 tstration requested approval from Council for: (1) payment of final Brown
pay estimate in the amount of $10,904.32; (2) Kusco - $678.80 and (3) HEA - $1 448.11.
i Couneilmembors Ambarian, Malston, Aber, Bailie and Seaman voted yes. Mayor O'Reilly
was o of out the City for the voting and Councilwoman Glick voted no as she felt Brown
Construction had not submitted a proper billing on their $5,000 claim and she felt the
City should not be hold liable for utility claims -- Brown Construction's insurance
should cover such claims.
City Clerk Sue Peter advised that there was a misunderstanding on the total telephone
poll request and some members of Council were under the impression they were voting
for approval of payment of final pay estimate to Brown Construction only. City Clerk
Peter requested that the matter be voted on by the Council of the whole for clarification.
Councilman Seaman out at this time.
MOTION - RECONSIDERATION
Councilman Ambarian moved, seconded by Councilman Malston, for reconsideration of
the telephone poll conducted by the City Clerk on June S. 1970.
Motion passed unanimously by roll call vote.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, for final payment
to Brown Construction in the amount of $10, 994.32 and KUSCO claim in the amount of
=878.88.
Councilwoman Glick pointed out that she would vote against the motion for the reasons
as stated during the telephone poll were not as recommended by the Public Works
Committee. Brown Construction has never presented the City with a proper invoice for
a $5,000 bill for equipment rental and unless Council has such, they should not even con-
sider waiving payment. The City should not be held liable for claims against the
-_ contractor by the Utilities. These should be taken care of by the Contractor's liability
} insurance coverage. Councilwoman Glick stated that she felt the taxpayers should not be
made to pay twice -- once for liability insurance and then to settle the claims. The City would
then be "opening the door' for further liability and responsibility for claims. Councilwoman
y Glick also addressed the matter of telephone polls and stated that the ordinance for telephone
poll procedures was conceived to facilitate items of an emergency nature for the day-to-day
-- operation of City business. Councilwoman Glick stated that as the Council would be
holding a regular meeting the day after the poll was conducted, the matter should have
- been submitted to the Council as a whole for discussion, etc. z that would have eliminated the
- =1 misunderstanding of the intent of the poll as was the case. Councilwoman Glick requested
- that all future polls adhere strictly to the guidelines of the ordinance before presentation
to Council.
QUESTION;
Motion passed by roll call vote with Councilwoman Glick voting no.
6/6/79 - Page Twenty 1
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'444OTION:
Councilman Ambarian moved, seconded by Councilman Bailie for payment of
HEA claims in the amount of $1, 448.11.
Motion failed unanimously by roll call vote.
MOTION:
Councilman Bailie moved, seconded by Councilman Ambarian, that the City pay
$200.14 of the HEA claims.
Motion failed by roll call vote with Councilmembers Bailie and O'Reilly voting yes.
MOTION:
Councilman Ambarian moved, seconded by Councilman Bailie, to offer HEA $1,000
-_ to settle their outstanding claims.
Motion passed by roil call vote. Voting yes; Bailie, O'Reilly and Ambarian. Voting
no; thick and Malston.
H-S: Finance Director
No Report ,
-0: Planning a Zoning Commission
J Councilwoman thick reported on the meeting of May 23rd . In addition to matters ry
discussed during the Council meeting, Councilwoman Glick advised a lease application
of LS of Old Townsite was denied as the Commission recommended selling rather than
= a leasing. The Commission approved a final subdivision plat and reviewed a request
from Poppin Construction for rezoning in Killen Estates from rural residential to
suburban as the area is now served by water and sewer.
H-7: Borough Assembly 1
Councilman Ambarian advised that the Assembly was still in the process of reviewing
the budget and would continue to do so at the next meeting of the Assembly.
'. H-g: Publiu Works Committee
Councilman Ambarian reminded Council of the works session scheduled for Thursday,
=- June 14th at 7 p.mAn the Public Safety Building.
H-9: Harbor Commission
t
it was reported that the Harbor Commission will review the Tidelands ordinance at
_ - their next meeting on June 12th along with the request for lease of lands by Roper. �
Dragseth and Nelson. City Manager Wise stated he felt the requests from Mr, Dragseth
- and Mr. Nelson will be denied by the Harbor Com:ission .
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6/8/79 - Page Twenty-one
i' PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
MAYOR i COUNCIL - QUESTIONS AND COMMENTS
Councilman Malston stated that the Lions Club have scheduled a clean-up of the cemetery
on Sunday, June loth. Councilman Malston requested use of City equipment to haul
the debris away from the work site. Councilman Malston also requested City assistance
in clearing away stumps in the cemetery and then seeing, the area is cleared. City
Manager Wise advised that it would be a matter of available time within the Public Works
Department. Councilman Malston requested that this item be placed on the work to be
done list for Public Works and scheduled accordingly.
Councilman Malston requested that the Parke and Recreation Director's office be located
in the Pine Arts Building as the space is available and additional space could be
utilized for storage of Parks a Recreation Equipment.
Councilman Ambarian suggested that the City contract out for installation of the street
signs.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, that Administration go
�. to bid for installation of street signs.
Motion passed unanimously by roll call vote.
Councilwoman Glick commsnted on the form submitted to Council relative to "Contractor's
Yearly License to Excavate in Public Right -of -Play;►. Councilwoman Glick reminded
Council that the ordinance was to become effective June 28 contingent upon Council
approval of the form.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
"Contractor's Yearly License to Excavate in Public Right -of -Way" form.
Motion passed unanimously by roll call vote.
Airport Operations Manager - Councilwoman Glick inquired if the job description and
position announcement had been prepared? City Manager Wise advised that it had and
had been advertised. Councilwoman Glick requested a copy for her records.
EXECUTIVE SESSION
_ MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, that the City Council
hold an executive session to discuss the job performance of the City Manager.
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. 6/6/79 - Page Twenty-two
t�
Motion passed unanimously by roll call vote.
RECONVENE
Council reconvened at 11:00 p .m . after discussions with the City Manager on his
relationship with City personnel.
Council concurred that the record show that Councilwoman Glick will be excused
from the June 20th meeting of Council.
ADJOURNMENT
J There being no further business, Council adjourned at il: 02 p.m.
Respectfully submitted,
S C. Peter, City Clerk
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