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HomeMy WebLinkAbout1978-02-15 Council Minutesa • AOFNDA KI:NAI CITY COUNCIL. - RIMULAR MEETING NEIIRUARY 15, 1078 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE. A. ROLL CALL AGENDA APPROVAL B. HEARINGS 1. Renewal of Beverage Dispensary License - Sheffield House 2. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Officer Roger Dorcas relative to forming Police Officer's Association 2. Richard Smith, Salamstof Sosfoods, Inc. - construction of building 3. Ruby Coyle - Snow Removal within City of Kenai 4. Ted Carson - Differential Taxation a Other Matters 5. Asdis Smith - Libra Palace D, MINUTES 1. Minutes of the regular meeting of February 1, 1010 .J E. CORRESPONDENCE 1. Fairbanks North our Borough - relative to Royslty Oil 2. F. OLD BUSINESS 1. Discussion - Salsmatof Seafoods least 2. Discussion - City Street Light 11sintonance Contract 3. Discussion - Refuse Collection Permits 4. Discussion - Ono Shoo Gun Club 5. G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Ordinance 380-78 - Increasing estimated revenues/approprlationetemporsry employee/Library S. Ordinance 390-78 - Declaring certain equipment and materials as surplus 4. Resolution 78-23 - Accepting Dead of Release from FAA for Tract D-5 5. Resolution 78-24 - Requesting Amendment to Title 38 of Alaska Statutes 6. Resolution 78-25 - Accepting settlement offer relative to assessment on foreclosed property 7. Resolution 78-20 - Transfer of Funds - Water a Sewer Services - $6,000 Y. Resolution 78-27 - Appeal of decision regarding Planning Funds for Strtat Design O. Lease of City Owned lands - Carr-OotMWn Properties, Inc. 10. Amendment to Lease of Terminal Space - Federal Aviation Administration 11. Discussion - City of Seward Resolution - Cities planning, platting a zoning powers 12, Ratification of telephone poll - runway/text-way lights 13. Wince-Corthell i Associates - payment for engineering services rendered 14, Settlement Agreement and Rates" - John C. Ingram, Jr. - damage to City property 15. 16. 17, 18. 10, 20. If. REPORTS 1. City Manager's Report #4/78 2. City Attorney'* Report 2. Mayor's Report 4. City Cleric's Report S. Finance Director's Report S. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report MAYOR a COUNCIL - QUESTIONS AND COMMENTS 1. PERSONS PRESENT NOT SCHEDULED Togo HEARD ADJOUR'1MENT 9 r, KENAI CITY COUNCIL - REGULAR MEETING r-� FEBRUARY 18, 1979 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE MOMENT OF SILENCE Mayor O'Reilly asked for a moment of silence in remembrance of the late Fire Chief Kenneth Thomas. A. ROLL CALL Present: Betty Glick, Ronald Malston, Vincent O'Reilly, Walter Sweet, Dan Whelan, Tom Ackerly and Edward Ambarian Absent: None AGENDA APPROVAL The following item was approved for addition to the agenda under C-5: Mrs. Asdis Smith, Libra Palaoo. B . HEARINGS B-1: Renewal of beverage dispensary license - Sheffield House Clerk Sue Peter advised that the Sheffield House was delinquent on real property taxes in the amount of $11,211. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that the Kenai City Council object to the renewal of the beverage dispensary license for the Sheffield House until such time all taxes are current. Motion passed unanimously by roll call vote. ri ' C . PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Officer Roger Dorcas relative to forminrt Police Officer'.- Association Officer Tom Irwin spoke in behalf of the Kenai Police Department and requested Council consideration of the proposed Kenai Police Employee's Association and its objectives. Officer Irwin presented a copy of the Association's constitution for Council -- -- review and further requested that after Counei± has had sufficient time to study the -- _ matter, a meeting between Council and the Police Association be set. H IJ KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 15, 1078 Page 2 Councilman Ambarian recommended that Council accept the proposed constitution for review and further recommended appointment of a committee to report back to the Council as soon as possible. Councilman Whelan concurred and requested that the City Attorney be present also. Mayor O'Reilly appointed Couneilmembers Ambarian, Malston and Sweat to the committee to meet with members of the Kenai Police Employee's Association. C-2: Richard Smith, Salamatof Seafoods, Inc. - construction of building Mr. Smith came before Council to request approval of construction of an 80xl00' metal building at the Kenai City Dock. Mr. Smith stated that he had received approval from the Kenai Planning a Zoning Commission. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for authorization for Salamatof Seafoods to proceed with construction of a 80400' and such matter be legally documented by the City. Motion passed unanimously by roll call vote. C-3: Ruby Coyle - snow removal within City of Kenai ^ Mrs. Coyle came before Council requesting Council consideration to aid in alleviating t�J the snow berm situation caused by City plows in clearing snow throughout the residential areas. Mrs, Coyle stated that she felt it was not fair to the taxpayers to be given an additional burden of being blocked by the berms in their drives and suggested that the City investigate the possibility of installing equipment on the plows to clean the berms. Mayor O'Reilly advised that this subject would come up later on in the meeting. C-4: Ted Carson - Differential taxation a other matters Due to personal commitments, Mr. Carson was not able to appear at this time and would speak before Council under "Persons Present Not Scheduled". C-S: Adis Smith - Libra Palace Mrs, Smith was not present to be heard. D. MINUTES D-l: Minutes of the regular meeting of February 1, 1078 Approved as distributed i I r , 1. i i KENAI CITY COUNCIL, REGULAR MEETING, F EBRUARY 15, 1979 Page 3 E. CORRESPONDENCE E-1: Fairbanks North Star Borough - relative to Royalty Oil Mayor O'Reilly acknowledged a letter from John Carlson, Mayor, of Fairbanks North Star Borough in which Mr. Carlson submitted a copy of a resolution passed by his Borough Assembly relative to the use of Alaska's North Slope royalaty gas. E-2: Community a Regional Affairs Mayor O'Reilly advised that a letter had been sent the City from C&RA in which the appeal submitted by the City regarding reduction of miles within the City of Kenai and the City's entitlement was approved by the State. E-3: Chamber of Commerce Mayor O'Reilly acknowledged receipt of a letter from the Kenai Chamber in which they had meetings with local realtors, otc. and had prepared a list of comments, suggestions, cte. for Council consideration. Council directed Administration to review the letter and report back to Council at the next regular meeting, E-4: Kenai Utility Service Corporation Mayor O'Reilly advised that the City of Kenai had received the 1077 franchise tax payment in the amount of $11,003.26 and a copy of the KUSCO certified financial statement for the period ending December 31, 1977. F. OLD BUSINESS N-I: Discussion - Salamatof Seafoods Lease City Attorney Schlereth reported that he had been in contact with the BLM office in Anchorage and they advised that the adjudication office hair rendered a decision on the application and that the City would receive a "favorable" letter within the next several days. F-2: Discussion - City Street Light Maintenance Contract City Attorney Schlereth submitted a draft letter to Redi Electric in which he expresses a desire to clarify certain points between Reds Electric and the City, Mr. Schlereth requested that Redi Electric formally withdraw its proposal of 9-19-77 for repair and maintenance of the highway illumination system and Mr. Schlereth further commented that the City should either have repairs made on an incident -by -incident basis or the bid specifications should be modified and readvertised. Council concurred that the letter should be sent to Redi Electric. ; 4 . KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 15, 1978 Page 4 F-3: Discussion - Refuse Collection Permits Mr. Sehloroth reported that at the last meeting of Council a letter from the attorney representing Burton Carver & Co, was presented wherein the attorney made a formal application for the City of Kenai to issue a permit for Burton Carver h Co. to collect refuse from within the City of Kenai. City Attorney Sehlereth advised that Alaska Statutes provides that a municipality may elect to have the AlaskfA Public Utilities Commission regulate such refuse collection service. Mr. Schlereth advised that the Executive Director of the APUC reported that the City would have to pass an ordinance specifically stating its intent to do so, and the APUC would thereupon assume regulation of refuse collection services within the City limits. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, that the City Attorney draft an ordinance electing the Alaska Public Utilities Commission regulate refuse collection within the City and further that the ordinance would delete the language contained therein that the refuse collection is mandatory for all within the City. Councilman Malston stated that he would object to the deletion of the "mandatory language" as there were several areas within the City that this type of ordinance would assist in abatting some public nuisances. QUESTION: Motion passed by roll call vote with Councilman Malston voting no. F-4: Discussion - Sno Shoe Gun Club The City's request for lease extension of the premises now being utilized by the Sno Shoe Gun Club has been forwarded on to Mr. Ed Barber of the Dept. of Natural Resources who will aid the City in the procedures for obtaining a long term lease of the property. G. NEW BUSINESS G-L Bills to be paid - bills to be ratified MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for approval of bills to be paid and items for ratification as presented by the Finance Department this date. Motion passed unanimously by roll call vote. 0-2: Ordinance 389-78, increasing estimated revenues/appropriations-temporary employee/Ubr Mayor O'Reilly read Ordinance 389-78 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the amount of$2,950 for Title II Anti -Recession Revenue Sharing Funds". Mr. Wise advised that this ordinance temporary provided for a p p ry employee in the library to update cataloging on 5,000 non-fiction books. i KENAI CITY COUNCIL, REGULAR MBSTING, I EBRUARY 15, 1078 Page 5 MOTION: ^r Councilman Sweet moved, seconded by Councilman Ambarian, for introduction of Ordinance 389-78, increasing estimated revenues and appropriations in the amount of $2,950 for Title II Anti -Recession Funds for temporary employee in the library. Motion for introduction passed unanimously by roll call vote. a-3: Ordinance 390-78, Declaring certain equipment and materials as surplus Mayor O'Reilly read Ordinance 300-78 by title only. "An ordinance of the Council of the City of Kenai declaring equipment and materials as listed surplus." Mr. Wise advised that the surplus equipment and materials would be sold at a public outcry auction. MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, for introduction of Ordinance 390-78, declaring certain equipment and materials as surplus. Councilman Ambarian requested that Administration verify release on items listed as Civil Defense equipment prior to the sale. QUESTION: Motion passed unanimously by roll call vote. 0-4: Resolution 78-23, Accepting Deed of Release from FAA for Tract D-5 Mayor O'Reilly read Resolution 78-23 by title only. "A resolution of the Council of the City of Kenai accepting Deed of Release from the Federal Aviation Administration of parcel of land designated as Tract D-5." MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, to table Resolution 78-23 accepting deed of release on Tract D-5. Councilman Ambarian explained the reason for his tabling motion was that the Council should not be put in a position to refuse the agreement as submitted by FAA and would, therefore, recommend a meeting between Administration and the FAA to resolve the questioned areas within the Deed of Release. Motion for tabiicg passed by roll call vote with Councilman Ackerly abstaining. a-5: Resolution 78-24, Requesting amendment to Title 38 of Alaska Statutes Mayor O'Reilly read Resolution 78-24 by title only, "A resolution of the Council of the City of Kenai requesting an amendment to Title 38 of the Alaska Statutes relative to State lands lying within a City." I i ` r a: 2 6 I a - - - �assai KENAI CITY COUNCIL, REGULAR MEETING, NEBRUARY 15, 1078 rage 6 City Manager Wise advised that the State lands lying within the City of Kenai are tax exempt and much of the State owned land is not dedicated to an immediate public use or approved future use and therefore this retention of State lands for no given use may well deny the affected City central of its destiny. Mr. Wise further stated that he would recommend petitioning the legislative delegation to amend AS 38.65.030 by adding paragraph (f) requesting State of Alaska lands lying within a City and not dedicated to an immediate public use or approved planned use shall be, on formal request of the City's governing body, offered by the State for sale to the public at large. MOTION: Councilman Sweet moved, seconded by Councilman Malston, for adoption of Resolution 78-24, requesting amendment to Title 38 of Alaska Statutes. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. G-6: Resolution 78-25, accenting settlement offer relative to assessment on foreclosed property Mayor O'Reilly read Resolution 78-25 by title only. "A resolution of the Council of the City of Kenai, Alaska accepting the offer of $3, 041 in full payment for assessment levied against Lot C, Robin Subdivision (Parcel 043-130-2700) from the First Baptist Church of Kenai." City Manager Wise advised that the Bureau of Land Management has restricted subject parcel for "religious aeitivities" only and he would recommend that it is in the best interest of the City to place the parcel back on the tax rolls and Council should, therefore, accept the settlement offer from the First Baptist Church of Kenai. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 78-25, accepting settlement of $3, 041 in full payment of assessment levied against Lot C, Robin Subdivision (Parcel 043-130-2700) from the First Baptist Church of Kenai. Mayor O'Reilly opened the meeting to the public, Mr. Richard Stetler and Reverend Williams advised that they were available for questions from Council. QUESTION: Motion passed unanimously by roll call vote. G-7: Resolution 78-26, Transfer of Funds - Water a Sewer Services - $6,000 Mayor O'Reilly read Resolution 78-26. "Be it resolved by the Council of the City of Kenai that the following transfer of monies be made within the 1877-78 Water a Sewer Fund Budget. From: Water a Sewer Services -Repair a Maintenance Supplies - $0,000) To: Water a Sewer Services - Overtime - $4,000 and Repair a Maintenance - $2,000. The purpose of this resolution is to provide funding for weekend inspection of lift station and repair of lift station pumps." i u S� i i KENAI CITY COUNCIL, REGULAR MEETING, FE14RUARY 15, 1078 Page 7 MOTION: Councilman Ambarian moved, seconded by Councilwoman (Slick, for adoption of Resolution 78-26, transfer of funds, Water A Sewer Services in the amount of $61000. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. G-8: Resolution 78-27, Appeal of decision renarding Planning Funds for Street Design Mayor O'Reilly read Resolution 78-27 by title only. "A resolution of the Council of the City of Konal, Alaska authorizing appeal of the decision of the Director of the Division of Community Planning, Department of Community and Regional Affairs, relative to denial of planning funds for street design." MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for adoption of Resolution 78-27, authorizing appeal of the decision of the Director of Community Planning, relative to denial of planning funds for street design. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. 0-4: Resolution 78-23, accepting Deed of Release from FAA for Tract D-5 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution 78-23, accepting Deed of Release from FAA on Tract D-5. Mayor O'Reilly opened the meeting to the public. There was no comment. Councilman Sweet inquired as to the reasons the City Manager felt the proposed Deed of Release was not acceptable and City Manager Wise reported that the Deed of Release as submitted by the FAA was dfferent in content than others received from FAA and felt the City should discuss the matter further with representatives of FAA. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, to table Resolution 78-23, accepting Deed of Release from FAA on Tract D-5. Motion to table passed by roll call vote with Councilman Ackerly abstaining. �.J M i El -, w KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 16, 1978 Page 8 MOTION: Councilman Sweet moved, seconded by Councilman Malston, that the City Manager and City Attorney be instructed to meet with represontatives of the Federal Aviation Administration as soon as possible to resolve the questions the City has relative to the Deed of Release. Motion passed by roll call vote with Councilman Aekorly abstaining. 0-9: Lease of City owned lands - Carr-Dottstein Properties, Inc. City Attorney Sehlereth presented Council with a list of differences between the City of Kenai's standard lease and that of Carr-Qottstoin . Councilman Malston stated that he felt the City should follow the standard lease form as has boon required in other leases. Councilman Ackerly stated he too felt the standard lease should be utilized but felt there were areas of concern that should be reviewed and perhaps amended within the lease format itself. Councilman Sweet stated that he felt it was Epertinent that the Council hold a work session as soon as possible to resolve the question of rent escalation which appears to be a major item of concern with most lessees. { MOTION: Councilman Sweet moved, seconded by Councilman Whelan, that the City Attorney and/or City Manager enter into negotiations with Carr-Gottstoin to see if they would accept the City's standard lases form. i Motion passed unanimously by roil call vote. Mr. Jeff Hassler, representing Carr-Gottstein, advised that the proposed facility ! to be built should be completed around August lot. Mr. Hassler further stated that the City's standard lease form contains certain points which are not expanded upon enough to aid in obtaining financing Council directed that Mr. Hassler meet with the City Attorney and further negotiate the lease between the City and Carr-Qottstin and Council further set a work session for discussion on policy of rent escalation and the Carr-Gottstein lease to be hold Monday, February 27th, at 7: 00 p.m. in the Public Safety Building. " 0-10: Amendment to lease of Terminal Space - Federal Aviation Administration n City Manager Wise advised that this request was to lease room " in the Kenai Airtvrt Terminal Building which presently is being used by the City for storage of City records and materials. i I MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for approval of amendment to lease to the Federal Aviation Administration of Room 9, Airport Terminal building, -- at the rate of $226.20 per month. Motion passed unanimously by roll call vote. r . i v I KENAI CITY COUNCIL, REGULAR MEETING, FEB. 15, 1978 Page 9 0-11: Discussion - City of Seward Resolution f1 Councilwoman Glick advised that she had requested a copy of the subject resolution which was passed by the City of Seward relative to the urging of introduction and passage of legislation by the loth Alaska Legislature which would allow First Class or Homerule cities to acquire planning, platting and zoning powers. Councilwoman Glick expressed concern that this resolution would be encompassing the entire Kenai Peninsula and cities which would fall under the classification of First Class or Homerule. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, that Councilwoman Glick be selected to investigate the status of Seward's Resolution No. 77-50 and report back to Council. Motion passed unanimously. 0-12: Ratification of telephone poll - runway/taxi-way lights MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for ratification of the telephone poll conducted by the City Clerk on February 10, 1078, relative to Council authorization for Administration to proceed with an electrician to determine if there was a broken line on taxi -way C . Motion passed unanimously by roll call vote. G-13: Wince-Corthell a Associates - payment for engineering services rendered MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of payment to Wince-Corthell a Associates in the amount of $562.50 for engineering services rendered in the 1977 water, sewer and street improvement projects. Motion passed unanimously by roll call vote. 0-14: Settlement agreement and release - John C. Ingram, Jr. - damage to City property MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for approval of agreement between City of Kenai and John C . Ingram, Jr. for for damages incurred to City lightpole as a result of an accident Mr. Ingram was involved in on July 31, 1977. Motion passed unanimously by roll call vote. H. REPORTS C)H-I: City Manager's Report #4/78 In addition to CM Report #4, Mr. Wise reported on the following: i f i i I y a E KENAI CITY COUNCIL, REGULAR MEETING. FEB. 15, 1978 Page 10 (a) Sr. Citizen Program - Title III, Special Brant - Mr. Wise reported that this grant authorized the hiring of an outreach worker for the Sr. Citizen Program and requested ' Council approval to proceed with advertising of the position and hiring an individual. MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, for approval to proceed with advertising of the outreach worker position at $8/hour, 30 hour week and reimburse mileage at $.15/mile. Motion passed by roll call vote with Councilwoman (click and Councilman Ackerly voting no. (b) Mr. Wise advised that the FAA bluff property plat is now available and will be presented to First Federal Savings a Loan so that they can identify their proposed construction site. MAYOR a COUNCIL - QUESTIONS a COMMENTS Councilman Sweet stated that relative to item #28 on the City Manager's Report concerning the City Manager withdrawing as a member of the Chamber of Commerce Board of Directors, it was in his opinion imperative that the City Manager be involved with the Chamber of Commerce and any other organization in promoting the City and felt that though reported by the City Manager, it is not the Council's expressed desire for him to withdraw from these activities. City Manager Wise stated that he felt he was put in to a difficult position to attend these various meetings and not be able to speak on behalf of the City. MOTION: Councilman Malston moved, seconded by Councilman Sweet, that the City Manager be instructed to attend the Chamber of Commerce Board of Directors as the City's representative. Motion passed unanimously by roll call vote. H-2: City Attorney'a Report City Attorney Schlereth reported that the Alcoholic Beverage Control Board has granted the license for Daddy's Money in the Airport Terminal. Councilman Whelan commended the City Attorney on his written report to Council and stated it was most helpful. Ce+_neilman Whelan also stated that he felt the matter of North Slope royalty gas was of importance to the City and, consequently, the following action was taken: MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, that a resolution be prepared patterned off the Fairbanks North Star Borough resolution relative to use of Alaska's North Slope royalty gas. i` 1 Motion passed unanimously by roll call vote. KENAI CITY COUNCIL, REGULAR MEETING, FEB. 15, 1979 Pago 11 Councilman Ambartan expressed Council concern in that the Legal Department temporary omployee's number one priority was the accomplishment of reeodifieation. H-3: Mayor's Report Mayor O'Roilly asked for a report from the Fiscal Ordinance Committee - Couneilman Whelan roported that his committee would like to recommend the following firms be contacted to present proposals for the annual audit of 1977-78: Price Waterhouse & Company; Peat, Marwick, Mitchell & Co.; Ernst & Ernst; and Coopers & Lybrand. Councilman Whelan further reported that the committee was working on the fiscal procedures ordinance. MOTION: Councilman Whelan moved, seconded by Councilwoman (flick, that Administration proceed with letters to the audit firms of Price Waterhouse a Company, Peat, Marwick, Mitchell A Co.; Ernst & Ernst and Coopers & Lybrand and such proposals to be submitted no later than March 29th for selection of audit firm. Motion passed unanimously by roll call vote. Councilman Whelan also stated that he and Councilwoman Glick discussed the matter of many items that were either tabled or to be brought up at the next meeting had to be recopied thus adding to copying expenses. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that items contained in Council packets of a repetitious nature need not be recopied. MOTION: Councilman Sweet moved, seconded by Councilman Ambartan, that the matter of recopying of agenda items be tabled. Motion failed by roll call vote. Voting no; Glick, Malston, O'Reilly and Whelan. Voting yes; Sweet, Ackerly and Ambarian. MOTION, AMENDMENT Councilman Ambarian moved, seconded by Councilman Sweet, to amend the main motion to include that copies of repetitious nature to the media and public are not to be recopied either. Councilman Ambarian stated that he felt the cost of copying materials should be addressed during the budget work sessions and not at present. Councilman Sweet stated he did not feel that the cost savings of not recopying the materials would be of great significance and would, therefore, be against the motion. Motion passed by roll call vote. Voting yes; Glick, Sweet, Ackerly and Ambarian. Voting no; Malston, O'Reilly and Whelan. WITHDRAWL OF MOTION: Councilwoman Glick, with consent of second Councilman Malston, withdrew the main motion. KENAI CITY COUNCIL, REGULAR MEETING, FEB. 15, 1978 City Manager/Council Policy Page 12 MOTION: Councilman Sweet moved, seconded by Councilman Whelan, that Councilwoman Glick and Councilman Sweet meet with the City Attorney for preparation of an ordinance relative to City Manager/Council policies. Motion passed unanimously by roll call vote. Mayor O'Reilly reported that he had been contacted by the Armory personnel and was requested that the City continue snow removal services in the Armory driveway. Councilman Ambarian stated as the City does not use the Armory but once a year and that is in conjunction with the Borough/City elections, the City should not provide snow removal service at the Armory. Council so concurred. Correspondence to Air Force Band - Mayor O'Reilly advised that the letter requesting the Air Force Band to appear at the Oilers opening game had not yet been sent and requested comment from Council. Council approved the letter, however, requested that it be amended to clearly state that the Peninsula Oilers would be responsible for the costs incurred in having the band participate. Mayor O'Reilly advised that he would be traveling to Juneau regarding the North Slope royalty gas proposers. Council so concurred that the area should be represented in dicussions on this matter. Mayor O'Reilly also advised that a letter would be sent expressing the City's sympathy in the recent death of John Barbour. i H-4: City Clerk's Report Clerk Sue Peter advised that the Alaska Public Offices Commission had reported 7 that the financial disclosure forms would be in the mail to the municipalities at the end of the month. u 11-5: Finance Director's Report iFinance Director Ross Kinney reported that the budget format would be run oft , on the computer this year. Councilman Ambarian suggested that Council hold a work session to review the budget at this point in the fiscal year -- perhaps sometime in March. H-6: Kenai Planning s zoning Commission Report Councilwoman Glick reported that the Commission had reviewed a request I to rezone a piece of property in the vicinity of Wildwood from Suburban Residential to Industrial -- action was tabled until a report has been received from the Borough as to why the suggested change in zoning. The Commission also approved resubdivision in Ellerman Subdivision and approved Ryan Subdivision . Two concept leases were discussed in length. I I I :I KENAI CITY COUNCIL, REGULAR MEETING, FEB. 15, 1978 Page 13 H-7: Public Works Report Councilman Ambarian stated that he felt the Public Works Director's report on snow removal was very clear. Councilman Sweet inquired if a gate were used could the wing come down? Public Works Director Kornelis advised that the wing would have to be removed to put the gate on. Councilman Sweet stated that the City must do something regarding the snow berm situation. Councilman Whelan agreed with Councilman Sweet and stated that time would not be available to take care of the berms during heavy snow fall but during the clean up time afterwards the problem could be worked on -- Councilman Whelan emphasized that the City should direct its energies in coming up with a possible solution to the situation. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, that the Public Works Department spend some time in developing some alternative plan for berm removal and present such proposal at the next meeting or meeting scheduled thereafter. Proposal to include cost estimates, etc. Motion passed unanimously by roll call vote. Administration asked for policy on who should have clearance of berms. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, under no conditions, with the exception of emergency vehicles, that the City would provide clearance of berms. Motion passed unanimously by roll call vote. H-8: Kenai Peninsula Borough Assembly Report Mayor O'Reilly reported on the Assembly meeting in which Resolution 78-8 regarding the State's share of royalty gas was tabled. Mayor O'Reilly also advised that the resolution on collateralization is up for reconsideration. MAYOR & COUNCIL -QUESTIONS & COMMENTS Councilman Ambarian stated he wanted it to go on record that the Council on February lot reviewed a list of grievances with City Manager John Wise and that this list to to be a part of the City Manager's confidential personnel file. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that Council review the list of grievances and the City Manager's performance in 45 flays. Councilman Ambarian advised that this procedure was being taken so that there are no communication problems between Council and the City Manager. `-) Mayor O'Reilly pointed out that the grievances were not a formal position taken by the Council but merely a listing of points of discussion and suggested improvements to be made. QUESTION: Motion passed unanimously by roll call vote. e KENAI CITY COUNCIL, REGULAR MLIETING. FEB. 15, 1978 Pago 14 Civic Center Committee - Councilman Ackerly reported that the committee would be meeting on Tuesday, February 28th. 1. PERSONS PRESENT NOT SCHEDULED TO 13E BEARD 1-1: Mr. Ted Carson Mr. Carson stated he was appearing before Council as a resident and property owner and requested that a resolution be prepared for the question to appear on the ballot for the people to adopt differential taxation which is provided for under Title 29. Mr. Carson further stated he would like a proposed ordinance prepared for review within 48 days. Councilman Ambarian asked for justification of the request. Mr. Carson stated that he felt the level of service in the different areas varies and did not fool people should be taxed the same throughout tho City. Councilman Ambarian inquired if Mr. Carson had had the opportunity to study the budget and amount of taxes collected east of Beaver Creek? Mr. Carson replied that he had not reviewed such items, however, he felt the citizens and taxpayers should be given a chance to vote on the matter -- Mr. Carson advised that if a resolution were not prepared by the City, he would draw up an initiative with proper number of signatures. Councilman Sweet advised that a committee had studied this matter last year and the conclusion was that the level of service is not that much lower in the out -lying areas. Councilman Ambarian advised of the valuation of the property in the area in question and it is such that only 6.7% of the total tax is from that area. l Finance Director Ross Kinney reminded the public that the water and sewer system within the City is self-supporting and not being supported by the taxpayers at large. 1-2: Mrs. Ruby Coyle Mrs. Coyle reminded Administration that a petition had been presented for a differential tax zone and the petitioners had not received a formal response from the City. Mrs. Coyle also stated that she had the name of an individual who has built snow gates for plows and would pass it on to the Public Works Director. I-& Ted Carson Mr. Carson further stated that he would like to request that Council review the possibility of forming a public safety improvement district for fire and police protection. Councilman Ambarian advised of the present Mutual Aid Agreement that was recently passed. ADJOURNMENT There being no further business, the meeting was adjourned at 12:18 p.m. Respectfully submitted, Jcz OQtz Su,plr,. Peter, City Clerk CITY MANAGER'S REPORT N 4-78 (February 15, 1978) PUBLIC HEARINGS We have no public hearings scheduled for this particular meeting. PERSONS PRESENT SCHEDULED TO BE HEARD 1. The Police Department will present to the Council a proposed constitution for a Police Officers' Association. The City Attorney is reviewing the legal documents relative to such associations and the Council's capability of accepting such a constitution. I would propose that the Council simply receive the request, acknowledge it and refer it to Administration and the City Attorney for review and comment. This will then be discussed as a personnel matter in a future executive session. 2. Ted Carson is also scheduled under this section. It is my understanding that he desires to speak on several subjects. One that was brought to my attention is in reference to a differential tax zone. 3. Mrs. Coyle is scheduled to speak regarding berms as a result of snow plowing, her complaint in essence being that a berm within the street easement is improper blocking of the street. OLD BUSINESS 4. Salamatoff Seafoods Lease: City Dock In addition to the basic consideration of the lease itself is their request for a building which was presented to the Planning and Zoning Commission at their last meeting and approved. This will presumably be discussed by the Attorney relative to the basic lease. S. Redi-Electric's Proposal for Maintenance of Street Liahts: Discussion Apparently Redi-Electric wishes to withdraw their proposal for this main- tenance. Also included is a proposed letter from the City Attorney permitting them to submit such a request. 6. Refuse Collection Permit Requested by Burton Carver and Co.: Discussion The City Attorney's opinion on this matter will presumably be given at the meeting. Additional data will be furnished to the Council at the meeting. 7. Request of Sno Shoe Gun Club for Contribution: Discussion This item will include discussion of our problems relative to a long term lease with the State. City Manager's Report N4-78 Page 2 NEW BUSINESS 8. Ordinance No. 389-78 This ordinance would appropriate anti -recessionary monies to the library account to provide for a temporary employee to catalog books currently on hand at the library. This was requested by the Librarian and is an appropriate expenditure under the anti -recessionary revenue sharing funds program. 9. Ordinance No. 390-78 This ordinance would formally declare property which the Council previously reviewed as surplus. We need this formal action to enable us to properly dispose of the property. 10. Resolution No. 78-24 Based on review of the current law, there appears no way that the State can sell Section 36 trust lands. Therefore, I have drafted a proposed amendment to Title 38 which I believe would, upon adoption by the legislature, enable the City to require disposal of such lands within the City. This is being reviewed by the City Attorney and it is essentially a concept item. 11. Resolution No. 78-23 This resolution accepts the deed of release from the FAA on a tract listed as 0-5, which encompasses the Ackerly-O'Connell plat. Please note that the last provision of the resolution which requires the lease to be made available to the public at large and to be sold at essentially a public auction. For this reason, I recommend that the resolution be defeated and negotiations be authorized with the FAA to protect the City's concept lease agreement with Ackerly and O'Connell and other parties where such a concept lease agreement is in effect. I believe that in negotiations with the FAA, based on their own requirements, this condition can be modified or waived. 12. Resolution No. 78-27 I have drafted this resolution relative to an appeal of the refusal of funds for road design under the CEIP program. I have a letter prepared to send to the Department of Community and Regional Affairs as a notice to protest to insure that we meet the twenty day appeal deadline. In addition, I would like to get a response from the Department of Transportation and Public Facilities' Planning Engineer as to whether or not the DOT/PF really has, as alleged in the denial letter, the ability to perform the work that we were requesting. I have been assured through telephone conversations with the DOT/PF that this is not a program that they can participate in except as a part of the Local Roads and Trails Program, which is certainly not adequately funded for the City. Therefore, I recommend approval of the resolution so that we may file a formal appeal of that decision. City Manager's Report N4-78 Page 3 13. Lease Request: FAA This lease amendment requests lease of the old Public Works office for office space. I would like to point out that the rate listed in the amendment is incorrect in accordance with our current terminal space charges. Instead of $.87 per square foot it should be $.78. There is a problem with this area in that we will have to relocate all the stored items we have in that area outside of the building to another area. There being records in this area, there is a problem as to how we can properly secure and control storage of these records. 14. Settlement Agreement: John Ingram This agreement was drafted by the City Attorney as settlement for destruction of a light pole in a motor vehicle accident. Regretably, we are unable to proceed on replacing the light pole and determining the cost of such. The individual was being held responsible by the Court as I understand it and must reach an agreement with the City before the Court will restore his driving privileges. Therefore, this agreement will give him the opportunity to regain his •license and still protect the City. 15. Proposal for Redemption of Certain Foreclosed Properties This proposal was submitted a church simply for the outstanding assessments and I believe it is waiving penalty and interest. One of the reasons that this appears to be a good course of action is that the land concerned is BLM land granted to the church under a restricted public purposes and recreation act and at this moment we do not know whether or not we can legally foreclose and take title to the land. The City Attorney will make contact with BLM in the near future and attempt to determine exactly what our rights are. 16. Lease for Lot 4, 1st Addition. Etolin Subdivision: Carr Gottstein This lease would be for a prarie market. The lease document was drafted by their attorney and has several variances from the standard lease of the City. It is being reviewed by the City Attorney and Finance Director and the Attorney will present a written report as to the variances to highlight them for the Council's consideration. Regretably, this report is not yet complete but will be presented to the Council at Wednesday's meeting. 17. Damage to Terminal Lights: Telephone Poll The Council was polled by the City Clerk in this regard on February 10 relative to the unknown expenditures to put the lights, particularly on the taxiway, back in operation. Presumably, this will be approved by the Council. Our problem is simply that we do not know how much it will cost and we do not want to commit public funds without the Council's approval. 18. Seward Planning and Zoning Resolution This resolution requests the State Legislature to provide planning and zoning powers to municipalities, in particular cities, rather than having those powers rest solely with the Borough. -City Manager's Report 114-78 i Page 4 19. Telephone Poll: Publishing of Council Agendas The Clarion will publish the agenda as we prepare it on Friday so it will be made available to the public the week of the meeting even though the date of the paper is Thursday. 20. Use of Federal Revenue Sharing_ Funds i I have prepared a letter to the federal revenue sharing people in Washington relative to anti -recessionary funds use and we asked specifically about planning the 30 acre park adjacent to the Oilers, purchasing culverts to improve drainage throughout the City and purchasing the proper lids for sanitary sewers to preclude water intrusion into the system during rain and runoff. 21. Shipment of New Ambulance I was contacted the other day by Charlie Ogle of Sealand and he has been advised by his offices that they will agree to ship our ambulance at no cost to the City from Seattle to Anchorage. We will, of course, have to send someone down to Seattle to receive the ambulance and get it to the dock, prepared for shipping. We will pick it up in Anchorage and drive it to Kenai. 22. Response to Question of Councilwoman Glick's I did prepare a note response to Mrs. Glick relative to her question as to whether or not Burton Carver and Company was current on their special use permit for land on the Old Runway. Rather than xerox that note, 1 will simply summarize my answer, which was that they have paid their $100 per month lease rate in full, so they have a credit to their account. They are being billed on a routine basis for snow removal operations in that area. 23. Defeat of Civic Center: Valdez I was informed by the City Manager of Valdez that the civic center bond issue, which was up for referendum in Valdez, was defeated by a 2 to 1 margin. Mr. Phelps will send a letter to Mayor O'Reilly and perhaps he will have some explanation as to why the bond issue was defeated. 24. Bluff Erosion Problem In the meeting I attended at the Borough with representatives from the Coastal Energy Impact Program and State representatives, it appeared possible that we may be eligible for some environmental 100% assistance relative to the bluff. They provided some insights as to ways of tying such damage to coastal energy impact. The problem I have is that the report by Woodward -Clyde states that revegitation should be done carefully and with thorough analysis. Yet, this is the only course of action which I see as being viable at this time with the possibility of funds available. It is possible to apply on the presumption that we could use any funds we are able to receive to do the actual research necessary to detennine what type of revegitation program should be conducted. There is no question in my mind that we would not qualify for -City Manager's Report N4-78 Page 5 .T a large part of the program the Corps of Engineers has proposed relative to water damage from wave erosion. The only thing we could relate to is seepage and the damage that seepage does due to the lack of vegitation on the banks. I will not proceed with such until we obtain Council guidance on this matter. I will be prepared to discuss it further at your discretion. 25. Chamber of Commerce Lease A lease is being prepared for the Chamber of Commerce Bicentennial tract and will be presented to the Planning and Zoning Commission and to the Council as soon as possible. 26. Use of Surplus LPW Funds To date, I have received no further information from EDA Region X on use of surplus LPW funds. Does the Council desire that I pursue obtaining criteria for use of such funds. 27. Request for Payment: Wince-Corthell and Associates Also on the agenda is a bill for services relative to advertising for bids on the LPW projects. All appear to be in order. 28. Withdrawl from Participation in Kenai Chamber of Commerce and Kenai Develo ,Cor�orat�on n accordance with Council's expressed desires, 1 shall withdraw from participating as a Director of the Kenai Chamber of Commerce. Further, I shall resign from the Board of the Kenai Development Corporation.