HomeMy WebLinkAbout1979-09-19 Council Minutes_afn-"rRrtl -
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i IIHAi CITY COUNCIL - i K1ULAR HINTING
R111'7-I'Millm 19, 1070 - 7100 P,M,
-� KPNAI PUBLIC RAPPTY BUILDING
FLIM01; OF ALLP,OIANCi;
A, ROLL CALL.
AGENDA APPROVAL
If, PUBLIC 11F,ARINOR
8W1 , „ „ ,,,,.,, .,.. 1, Ordinanco 521.70, increasing estimated rovontuos/appropriations In the
1079-90 Naito Jail Contrsot Fund in the amount of $3,000,
2, Ordinance 522-70, inerossing estimated revenues and appropriations In the
capital project "Airport Runway Paving" in the amount of $05,000,
S. Ordinance 523-70, increasing estimated revenues and appropriations in the
1070-80 General Fund a Airport Land System Fund Budgats in the amount of $27,500
to provide for the purchase of the City'a Shop building by the General Fund,
4, Approval of transfer of beverage dispensary license for Daddy's Money
C, PERRONB PRP,RP,NT RC1IP.DULP,D TO BP, HEARD
1, Mr, and Mrs, Crasswell
D, 14INUTFIR
1. Minutes of the regular meeting of Reptomber 5, 1979
2, Minutes of the special meeting of Reptembor 14,1979
P„ CORRER➢ONDP,NCE
P. OLD BURINF,RR
,,�,�•� s'% .:..-y ���%«t rr.,« :a 1, Lem of warm storage Inanity for City of Kenai
O, NEW BURi11268
1, BfII9 to be paid - bills to be ratified
' 2, Requfsltions exceeding $500
S. Ordinance 524-79, Amending Reetien 40, Title I of the 1970 Kensi Code
misting to the Kensi Fire Department
4, Ordinance 625-79, Amending certain sections of Titles 1, 2, 12, 15, a 20 of the Code
6, Ordinance 626-19, Adopting the Cads of the City of Kenai
0, Resolution 79-129, Urging the Rtate of Alsaks to Increase staffing of District'
Attorney's office on the Kanat Pentr. Auis
7, Resolution 79.129, scwpting a grant from the Sine in the amount of $40,200 for
an Addition to Fort Kensy
0, Resolution 79-120, transferring funds in the amount of f2,000/Airport Land System
9, Resolution 79-121, establishing priorities for Local Service Roads a Trails Funds
10, Resolution 79-123, omsenting to partf,d Assignment of natural gas franchise
11, Special Use Permit - Wien Air AlsoM
12, Rubmission of application by ftaorastion Commission relative 10 Resvor Crack park
13, Payment to C11213 Bill - Rawerage Projects Design
14, Final Pay F,sttmste - Wildwood Construction, InadAlsoks Constructors, Inc,/J,V,
F 10, Request far 101 rstslnsge - Noroon, ina,
IS, Discussion - Architect's g=vpoAA1 - city ifail a mDlsx
17, Resolution 79-132, Authorizing Adm, to go out for formal bids for worm storage
10, Resolution 79-134, transfer M funds for rental of warm storage fs0111ty
It, HFIFORTR
I, City Mamager
2, City Attorney
9, Xoyor
--- 4, City Clark
6, Finance Director
---- 0, Planning a Zoning Commission
Poninsuls Borough Assembly
_ 9, Harbor Commission
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MAYOR a COUNCIL - QUI30TIt9:lI1 AND COMNEIITR
i, P1:1t60t1R ➢IiERE:i? :10? W112DULK11 TO DP HEARD
ADJOURI3INIT
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KENAI CITY COUNCIL - REGULAR MEETING
SEPTEMBER 10, 1070 - 7; 00 P.M.
�CENAI PUBLIC,, SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
1N MEMORY OF MR, CLARENCE MARCH
Mayor O'Itoilly asked that all Present pleano stand for a moment of sileneo in memory
of Mr. Clarence March.
A. ROLL CALL
Prey Charles Dailie, Dotty Glick, Ronald Malston, Vincent O'Reilly, Phillip Aber,
Edward Ambarian,
Absents Miohaoi Seaman
AGENDA APPROVAL
Mayor O'Reilly requested Council concurrence with the addition of items 0-2,
Mr. Thomas Laughead with Avont Company (Aviation Enterprisoo and G-a - Selection
of City Manager, Council concurred,
0j. PUBLIC HEARINGS
B-I., Ordinance 621-70
Mayor O'Reilly road Ordinance 021-79 by title only, "An ordinance of the Council of
the City of Kenai increasing estimated revenues and appropriations in the 1070-90 State
Jail Contract fund i;,z that amount of $3,000,"
There was no public comment.
MOTION:
Counoilmsn Malston moved, seconded by Councilwoman Glick, for sdoption of
Ordinance 521-70, increasing estimated revenues/appropriations in the amount of $3, 000
r in the State Jail Contract fund,
Motion passed unanimously by roll call vote,
B-2: Ordinance 022-79
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Mayor O'Itoilly read Ordinance 822-79 by title only. "An ordinance increasing estimated
I revenues and appropriations in the capital project fund entitled "Airport Runway Paving"
in the amount of $051000,"
There was no public comment,
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9/10/79 - page Two
MOTION:
Councilwoman Click moved, seconded by Councilman Malston, for adoption of
Ordinance 522-70, increasing estimated revonuen/appropriations by $65,000 in the
Airport Runway Paving project.
Motion passed unanimously by roll call vote with Councilman Aber abstaining,
11-3: Ordinance 523-70
Mayor O'Reilly read Ordinance 523-79 by title only, "An ordinance increasing estimated
revenues and appropriations in the 1070-80 General Fund and Airport Land System fund
budgets in the amount of $37,500 to provide for the purchase of the City's shop building,
by the General Fundy
There was no public comment.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for adoption of
Ordinance No, 523-70, increasing revenues/appropriations by $37,500 for the purchase
of the City shop building,
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Motion passed unanimously by roll call vote,
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8-4: Approval of transfer of beverage dispensary license
Mayor O'Reilly acknowledged receipt of correspondence from Rogers k Baldwin who
iare representing certain firms who Daddy's Money owes significant amounts of monies,
Mayor O'Reilly further commented that though Daddy's Money had been sold thusly the
reason for the transfe4 t would not appear that the City would be within their realm to
protest such transfer based upon the debts between two businesses. City Clerk flue Peter
advised that tho Borough had still not responded relative to questions of the status of
sales taxes, property taxes and personal property taxes but would verify some prior to
: submittal of any correspondence to the Alcoholic beverage Control Board,
" V MOTION:
r Councilman Aber moved, seconded by Councilman Ambarian, that the City of Kenai
voice no objection to the t"nsfer of beverage dispensary license for Daddy's Money,
Motion passed with Councilwoman Glick voting no,
C, PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Mr, and fors, CressweU
Mr, and Mrs, Cresswell were not present for comment, however, Public Works Dirextor
Keith Kornelis advised Council that when Mr, and Mrs, Cresswell agreed to the commitment
wherein the City would furnish the service lines to their property, they thought that
ell hook-up tees were etill $10 each, Public Works Director Kornelis suggested that
the matter be held in abeyance until such time the Cresswell's come before Council and
also are ready to build on their proierty,
' 9/10/79. Page Three r,
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C••2: Mr. Tom Laughoad - advised Council that his firm is interested in purchasing the
Lockheed Constellation from Mr. McNamara but would like to reconfirm some points
with the City of Kenai relative to tho removal of the aircraft, etc. City Attorney Rohlereth
advised that at the last meeting of Council, Mr. McNamara was piven an extension to
October 3rd for removal of the aircraft. Mayor O'Reilly advised Mr. Laughead that
Mr. McNamara had obtninod local eounsel and would recommend that Mr. McNamara and/or
his attorney appear before Council as the City would not be able to make other commitments
until after October 3rd. Mr, Laughead atated that he would qet with Mr. McNamara and
they would try to resolve their negotiations by the first meeting in October and Come before
Council at that time.
D. MINUTES
V-1: Minutes of the regular meeting of September S, 1070
- The minutes were corrected to read on page 10...... October 3rd rather than September 3rd."
Minutes stood approved as corrected.
D-2: Special meeting of September 14, 1079
Councilwoman Glick recommended tabling until the next meeting to allow council time
to review the mUyutes that were just presented at this evening's meeting. Council so
oonourred.
OLD BUSINESS
P-1: Lease of warm storage
City Attorney Schlorethadvised that the lease was patterned after the guidelines of the
previous lease for last winter's warm storage.
F
o A i WN:
COUnCilwcman Glick moved, seconded by Councilman Malston, for approval of lease
between the City of Kenai and Peninsula P.nterpria" for a term of six months beginning
in October for a sum of $2,500 per month.
fMotion passed unanimoudy by roll call vote.
G. NEW BUSINESS
(a) Selection of City Manager
MOTION:
Councilman Aber moved, seconded by Councilman Malston, that the City of Kenai hereby
-- sppoint Dale Stewart from Pensacola, plorida as City Manager for the City of Kenai,
- Mayor O'Reilly advised that Mr. Stewart received the highest recommendation from the
President of the Pensacola Chamber of Commerce, Councilman Aber advised that out of the
loos references Contacted, only two were available, however. they both highly recommended
Mr. Stewart,
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9/19/79 - Page Your
QUESTION:
Motion passed by roll call vote with Councilwoman 011ok voting no.
G-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 as presented this date.
Motion passed unanimously by roll tail vote.
G-2: Requisitions Exceeding$500
MOTION:
Councilman Ambarian moved, seconded by Councilman Bailie, for approval of requisitions
exceeding $500 as listed.
Motion passed unanimously by roll call vote.
G-3: Ordinance 524-79
Mayor O'Reilly read Ordinance 524-70 by title only. "An ordinance amending Rection 40,
Title 1, of the 1979 Kenai Code relating to the Kenai Fire Department."
MOTION - INTRODUCTION:
Councilwoman Glick moved, seconded by Councilman Malston, for introduction of
Ordinance 524-79, amending See. 40, Title 1 of the Kenai Code.
Motion passed unanimously by roll call vote.
G-4: Ordinance 525-79
Mayor O'Reilly read Ordinance 525-79 by title only. "An ordinance amending certain
sections of titles 1, 2, 12, 15 and 20 of the 1079 Kenai Code."
MOTION - INTRODUCTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 525-79, amending certain sections of the Kenai Code.
Motion passed unanimously by roll call vole.
G-5: Ordinance 526-79
Mayor O'Reilly read Ordinance 526-79 by title only. "An ordinance adopting the Code
of the City of Kenai 1079 Revision, hereinafter referred to as Kenai Municipal Code, and
providing that said code be kept up to date by the use of a loose-leaf system."
MOTION - INTRODUCTION
Councilman Malston moved, seconded by Councilwoman Glick, for introduction of
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0/14/70 ; Page Vivo
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Ordinance 826-70, adopting the Code of the laity of Kenai - 1070 revision,
n Motion passed unanimously by roll call vote,
0-6: Resolution 70-128
Mayor O'itoilly read Revolution 70-128 by title only. "A resolution urging the Governor
and the Legislature of the State of Alaska to increase the staff of the District Attorney's
office on the Kenai Peninsula by one assistant District Attorney and one cler'oal position."
There was no public comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian, for adoption of
Resolution 70-129 - urging the increase of staffing in the flistriet Attormey's office,
i Motion passed unanimously by roll call vote,
0-7: Resolution 79-120
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Mayor O'Reilly road Resolution 79-129 by title only, "A resolution accepting a grant from
the State of Alaska, Office on Aging, in the amount of $40, 200 for an addition to Port
There was no public comment.
NOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-129, accepting a grant from the State of Alaska for an addition to Port Kenay,
Motion passed unanimously by roll call vote,
0-8: Resolution 79-130
Mayor O'Reilly read Resolution 79-130 transferring funds from Airport Land -contingency
in the amount of $2,000 to Airport MAO - repair and maintenance-12,000 to purchase
runway/taxiway lighting supplies for the remainder of the year.
There was no public comment,
ROTION:
Councilwoman Glick moved, seconded by Councilman Walston, for adoption of
Resolution 79-130, transfer of fund in the amount of $2,000 in the 1079-80 Airport Land
System budget.
Motion passed unanimouf by roll call vote,
a-9: Resolution 79-121
1 Mayor O'Reilly read Resolution 79-131 by title only. "A resolution establishing priorities
for Local Service Roads & TraUs Program funds,"
9/19/79 - Page Six
There was no public comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 79-131, establishing priorities for I.SRLT funds.
Councilman Ambarian requested that the Public Works Committee from Council review
the programs and offer their input.
QUESTION:
Motion passed unanimously by roll call vote.
0-10: Resolution 79-133
Mayor O'Reilly read Resolution 79-133 by title only. "A resolution consenting to the
partial assignment of franchise of Kenai Utility Service Corporation to Alaska Gas
Service Company."
There was no public comment.
City Attorney Sehlereth requested that the Resolution be amended to include a Section 4
relative to the City's agreement with Marathon -Union Oil dated May 17, 1080.
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian, for adoption of
Resolution 79-133, consenting to partial assignment of franchise with amendment to the
Resolution providing for a Section 4.
Motion passed unanimously by roll call vote.
0-11: Special Use Permit
Mr. John Nelson, representing Wien Alr,klaska, came before Council to request consideration
for Wien to erect a temporary metr1 builds fig to be used for cargo handling and equipment
storage on a 1501x100' lot north of the Terminal adjacent and in front of the parking lot.
Mr. Nelson stated that they would like consideration of a long-term lease at the expiration
date of the special use permit.
Councilwoman Glick advised that the concept lease apylication had been reviewed by the
Planning Commission and they found it acceptable and recommended approval. Councilman
Malston stated that he felt the special use permit should be approved and the matter be
turned over to the Public Works Committee to work out the details on the long-term lease.
Councilman Ambarian stated that with regard to Wien, he had on several occasions asked
that Administration obtain a sublease assignment from AAI for use of a portion of their
space by Wien and, in addition, Councilman Ambarian requested that arrangements be made
so that the security area be adjusted for utilization during the time it is not being used
by Wien during their Seattle flights,
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0/10/70 - Page Seven
MOTION:
Councilman Malston moved, seconded by Councilman Ambarian, for approval of special use
permit to Wien Air Alaska for a period of one year at a total fee of $1,500.
II Motion passed by roll call vote with Councilman Ambarian voting no.
0-12: Submission of application for lease
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Parks and Recreation Director Kayo Mc(Mlivray stated that the Department of Natural
Resources advised the City that the lease for Beaver Creek Park could be renegotiated
i and the State would reduce the rental from $1,000/year to $1.00/year. Mr. McGillivray
requested Council authorization to submit the application.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for approval of
submission of application for the lease of Beaver Crook Park at an annual rental rate
01;1.00.
Motion passed unanimously by roll call vote,
0-13: Payment to CH2M Hill
��IOTION:
Councilman Malston moved, seconded by Councilman Ambarian for approval of payment
to CH2M lull in the amount of$17,000 in connection with sewerage Projects design,
Motion passed unanimously by roll call vote,
0-14: Final Pay Estimate
MOTION:
- ; Counoilwoman Glick moved, seconded by Councilman Ambarian, for approval of
!' final pay estimate in the amount of $16,401.11 to Wildwood Construction, Inc./Alaska
Constructors, Inc./J.V. for Water Main Improvements project,
Motion passed unanimously by roll call vote.
0-15. Request for 10% rcttainage
G MOTION:
Councilman Ambarian moved, seconded by Councilman Ralston, for approval of
payment in the amount of $124,770.59 to Noreon, Inc. for Kenai Airport Improvement Project,
- ' Motion passed by roll call vote with Councilman Aber abstaining,
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9/19/70 - Page Fight
0-16: Discussion - Architect's proposolo
Public Works Director Keith Kornolis advised that the city had received seven proposals
and asked for Council review and direction, Council sot a work session for Thursday,
September 27, 1079 at 7: 00 p.m.
0-17: Resolution 79-132
Mayor O'Reilly read Resolution 70-132 by titlo only. "A resolution authorizing the
Administration to go out for formal bids for a warm storage building."
There was no public comment.
Councilman Ambarlan requested that Administration work with the FAA for preparation
of the guidelines and specifications.
Motion passed unanimously by roll call vote.
0-18: Resolution 79-134
Mayor O'Reilly road Resolution 79-134, transferring monies in the 1979-80 Airport
Land System Budget in the amount of;1 AO to provide funding for the rental of the
Peninsula Enterprises, Inc. building located in the Concession Area.
There was no public comment.
MOTION:
Councilwoman Olick moved, seconded by Councilman Malston, for adoption of
Resolution 79-134, transferring $15,000 in the Airport Lrmd Hystem budget for
rental of Peninsula Enterprises facility,
Motion passed unanimously by roil call vote.
—= H. REPORTS
Acting City Manager Brown advised that his office had received a telephone call from
Bes Catch and they asked Council consideration during the next budget set;sions to waive
the personal property taxes imposed on fishing boats and initiate a flat fee.
QUESTIONS AND COMMI ENTS
Councilman Ambarlan inquired why it took the Public Works Department three months
to find asphalt and repair the holes on Willow lftreet when Willow Street will soon be
torn up for construction. Public Works Director Kornelis advised that the Public Works
Department had repaired the holes early in the spring too.
11-2: City Attorney
City Attorney Schlereth pointed out to Council that with regard to Homer Electric Assn.
and the recent excavations ordinance passed by the City, that appeared to be a problem
With enforeement and apparently the difficulties have grown and cause HHA problems.
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9/10/79: Page Nine
City Attorney Sehloroth suggested that Council set up a meeting with representatives
from 112A , Councilwoman Glick commented that the City had held meetings with
representatives from the utility companies and eontrnotors and then TIRA came in with
problems "after the fact.". Councilwoman Glick stated that as they are excavating in
the City's streets, etc . , they should be expected to abide by the ordinance.
(b) City Attorney Schloreth stated that he was contacted by attorneys for Glacier State
who are reasserting their claims in the amount of $30,000. City Attorney Schloreth
pointed out to them that according to the interpretation of the law, utilities are to remove
lines at their own expense. Council concurred that the City Attorney and attorneys
for Gluier State sit down and discuss the matter in detail.
(a) City Attorney Sehloroth advised that as the Attorney work load is ever increasing, he
would request Council authorization to contact the office of Richard Garnett to assist,
In the Constellation matter. City Attorney Rchioreth advised that his office is receiving
telephone calls constantly and would request outside Counsel assistance to lessen the
burden, Council so concurred.
(d) City Attorney Schloreth advised that though he has greatly enjoyed his association
with the City and working with the members of Council and staff, he would be leaving
the City after two years of service and would set his departure date 48 days from this
evening in order to allow adequate time to secure a replacement. Mayor O'Reilly stated
he felt he could speak for the total Council that Mr, Schlereth's resignation was received
with much regret and highly praised Mr. Schlereth for his service to the City and
dedication to the position.
H-3: Mayor
Mayor O'Reilly commented that several items have been stalled such as the sale of the
16.25 acres of land and others, Mayor O'Reilly inquired if it would be the wishes of
Council to postpone continuation until such time the new City Manager has arrived?
Council so concurred.
Mayor O'Reilly also stated that at some point, he would like the Public works) Committee
invite representatives from the Russian Orthodox Church for discussions relative to the
- . f use of Port Kenny.
H-4: City Clerk
City Clerk Sue Peter advised that the Municipal League mooting would be in gftka
f and though reservation information, etc., had not yet been received, she would request
that thoov members of Council wishing to attend, advise her as soon as possible so that
the nssessary arrangements could be made.
City Clerk Sue Peter also reported that her office now had absentee ballots available for
-' both the City and the Borough election.
City Clerk Peter advised Council that it was her Intent to leave the employ of the City
around October 30th, however, would not inconvenience the City and would time her
departure after the City Manager has come "on board" Mayor O'Reilly thanked the Clerk
for her five years of service and commented he felt that she had brought a high degree
of professionalism to the position.
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9/10/70 - Page Ten
H-5: Finance Director
No report
11-0: Planning Commission
Councilwoman Glick advised Council that the joint meeting met for October 3rd will be
resat as the Comprehensive Plan is not yet available for presentation. Councilwoman
Glick also reported on the Planning Commission meeting of September 12th and among
items discussed were applications on the FBO lots north of the Terminal, several
subdivision plats were reviewed. Also, the Planning Commission reviewed a petition
for a street name change from Wildwood Extension to Cook Inlet View, Councilwoman Glick
also stated that Mr. Nick Miller has resigned from the Commission and a now member should
be appointed to the Commission.
II-7: Borough Assembly
Councilman Ambarian reported on the Harbor Rtudy report which is a disappointment
to Kenai, however, a public hearing is Rot- for September 20th. Councilman Ambarian
advised that the Borough Assembly has funded the position of Civil Defense Director for
the up -coming year and the position will be under the direction of the Borough Mayor.
H-9: Harbor Commission
Mayor O'Reilly advised the Harbor Commission were diligently working on the
Tidelands ordinance,
MAYOR & COUNCIL - gUESTIONS AND COMMENTS
Councilwoman Glick inquired if the telephone polls conducted on August 20 and 21st
could be read in the record at the next meeting. City Clerk Sue Peter advised that
she would obtain them from Administration,
1. PERSONS PRESENT NOT SCHEDULED
I-k Mr. Dan Clausen
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Mr, Clausen came before Council to express his dissatisfaction with the situation in the
long-term parking lot at the Airport, Mr, Clausen advised Council that he intended to
park in the long-term parking area, however, when parking his vehicle, he noted that
there were several vandalized vehicles in the lot se he determined the area ungefe and
parked in the center parking area (short-term), "r, Clausen stated that his vehicle
had been towed away and upon his return he attempted to reclaim his car and pay the
towing and storage casts in the amount of $90, however, was advised by the towing
company that they would not accept checks, Mr, Clausen reported that the Police Chief
was very cooperative and informed him that during the period 7/1 through 9/17,
93 vehicles were impounded from the parking area at the Airport, Mr. Clausen als*
reported that a copy of the "Impound Report" was on the seat of his vehicle that he had
left looked and secured, Mr. Clausen urged Council consideration that some type of
temparary measure be taken -- perhaps doing away with impoundments until such time
Proper security mmures, etc.,aan be established,
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9/19/79; Page Eleven
Mayor O'Reilly requested that the Public Works Committee address the matter and
propose possible solutions.
CITY MANAGER HALARY
Pinaneo Director Charles Brown advised that there were funds available for moving
expenses, oto,,becauso of the three month period without a City Manager, Mr, Brown
also commented that the condition of the City Mnnager's vehicle was very poor and
Council should consider an alternate either by the purchase or lease of a replacement
vehicle.
MOTION:
Councilman Ambarian moved, seconded by Councilman Aber, that the Council hereby
authorize an annual salary of $40,000 for the City Manager plus a $5,000 maximum moving
allowance and, in addition, the City will go to bid for a replacement vehicle for the City
Manger,
Councilman Aber suggested that the bid specifications require a standard -sized automobile
as the City Manager at times transports guests from out-of-town to City functions.
QUESTION:
Motion passed unanimously by roll call vote,
f' ADJOURNMENT
There being no further business, the meeting adjourned at 10: 40 p.m.
Respectfully submitted,
J
tau C, Peter, City Clerk
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