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HomeMy WebLinkAbout1978-04-05 Council MinutesI :J KIiNAI CITY MINCH, - REC 111,A11 81EM INO AI'It1I, 5, 108 - 8: 001'.h1. KENAI VUI111C SAFFTY litlll,l)1NO I'LEDOI: OF ALLEGIANCE A. ROLL CALL' AOI,*NDA APPROVAL Acceptance of Councilman Walter SwOM's letter of resignation Appointment of new member to Kcmni City Counell to repinco Counellmon sweet lll:AIiINOS I 1. Ordinance No. 304-78. 4inndotory Connection to City Public Sewage Sy�,torn 2. Renewal of beverage dispensary license • ttainb w liar and Grill Rar:owal of retall disponw:ry lleenao - Kennl .Ino's Renewal of recreational site Iiconse •- Peninsula Oilers C. PERSONS PRESPNT FCHIMUL1111 TO DE HEARD I, Phil Drybon & Coral Seymour - Poninsula Oilers 2. i D. h1INU1'ES f I. Minutes of the regular meeting of March 15, 1979 2. Minutes of the emergency special meeting, of march 24. 1970 E. CORRESPONDENCE 1. Letter of ronignatfon from Kenai Planning, Commission - bIr. Dwain Ofbaon i 2. P. OLD BUSINESS 1 1. Lease of City -owned Lands - Phil Bryson and Craig Press 2. Kenai Police Officers' Association O. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Ordinance No. 305-78, Provf ding for Enactment of Current Editions of Various Technical Uniform Codes 8. Ordinance No. 390-78, Declaring Water Truck Surplus and Authorizing its Sale 4. Ordinance No. 307-78, Proscribing Functionu of City manager S. Resolution No. 78-51, Rebwinding Resolution 75-23 and 75-27. Maintenance of Forest Drive and Reaverloop S. Resolution No. 78-62. Transfer of Funds - Public {Yorks/Supplies to Sower Treatment Plant 7. Resolution No. 78-53, Amending Public Works Street Budget S. Resolution No. 78-54. Declaring Old City Ambulance Obsolete and Authorizing 1 its Sale or Transfer to Twin Cities Raceway 9. Resolution No. 78-55, Transfer of Funds - Legal Department l 10. Resolution No. 78-50, Requesting Release of Airport Lands 11. Resolution No. 78-57, Requesting the Congressional Delegation of the State j of Alaska to take Action to Amend Section 404 of the Water Pollution control Act 12. Resolution No. 78-58, Accepting and Approving a Portion of the Itinator Plan 13. Resolution No. 78-59, Acknowledging Receipt of Proposals for 1077-78 Audit and Authorizing the Engagement of an Accounting Firm for that Audit 14. Lease of City -owned Lands: Joseph it. Ross dba Performnneo Sales & Service 15. Lease of City -owned Lands: Robert L. liorgen 10. Lease of City -owned Lands: Gerald Browning and Olen Henry 17. Discussion - City policy concerning Donations/Contributions to SpeaUle Interest Groups within the City of Kenai 18. Discussion - Boat Ramp and Adjacent Lands 19. Discussion - Reappraisal of City -owned Lands Y �I �1 0 20. Diseunsion - Chtl' Ornnt Applientlona • Bluff and Mnater Ilan 21. Disouanion - Project Coordinator /Inspector for Upcoming Construction Projdats 22. Application for Perndt for Ramos of Chance and Skill. Kenai Chamber of Commorco 23. Statement #0 - TRA/I}nrr (Airport RTneter 111nn Study) $4.054.33 H. RRPOIt'I'S I. City Manager's Report N7 2. City Attorney's Report 3. Mayor'a Report 4. City Clerk's Report 5. Pinaneo Mreotor's Report 0. Plnnning and Zoning Commission's Report 7. Kenai Peninaula Itorough Asnembly's Report MAYOR AND COUNCIL QUESTIONS AND ANSWERS I. PERSONS PRHAFNT NOT SCHEDULED TO HE IIIiARD ADJOURNMENT 1 KENAI CITY COUNCII. - REGULAR MITTING /1 APRIL 5, 1978 - B: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Edward Ambarian, Betty Glick, Ron Malston, Vincent O'Reilly, Dan Whelan and Tom Ackerly. Absent: None AGENDA APPROVAL The following additions were approved: C-1: Phil Bryson & Coral Seymour - Peninsula Oilers 0-23: Statement #9 - TRA/Farr (Airport Master Plan Study) G-24: Resolution 78-60, urging 10th Legislature to enact bill for appropriation to the Kenai Peninsula Community Care Center ,_MOTION: J Councilman Whelan moved, seconded by Councilman Ackerly, that the regular meeting of the Kenai City Council will adjourn promptly at 12 midnight. } MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Whelan, to amend the motion to include that if all matters contained on the agenda have not been , completed by 12: 00 midnight, the Council will reconvene Thursday ovening E at 7:00 p.m. Motion passed unanimously. ! MAIN, AS AMENDED Passed unanimously e Acceptance of Councilman Walter Sweet's letter of resignation Mayor O'Reilly read the letter of resignation dated March 22, 1978 - "It is with much regret that I tender my resignation as a member of the Kenai City Council. Due to commitments which require that I relocate my residence, it is necessary that I resign my term of office effective immediately. I have thoroughly enjoyed my assocation with all of you, the City staff and members of the community whom I endeavored to represent to the bM of my ability. My best wishes to all of you and for the continued prosperity of the City of Kenai. Sincerely, Walter W. Sweet, Councilman," j I o I • I Ap'01 8."1978, Page Two Mayor O'Reilly opened the meeting to nominations to fill Councilman Sweet's term of office which will expire October, 1978. Councilman Whelan nominated Phillip Aber. As there were no further nominations, Mayor O'Reilly instructed the Clerk to prepare for balloting: Clork,Suo Peter advised that five votes were cast for Phillip Aber and one no vote cast. B . HEARINGS B-1: Ordinance 394-78, Mandatory Connection to City Public Sewage System Mayor O'Reilly read Ordinance 394-78 by title only, "An ordinance of the City of Kenai pertaining to mandatory connection to the City of Kenai Public System.,, City Manager Wise suggested that the effective date of the ordinance be set for July lot to enable the necessary construction work to be done during the upcoming construction season. City Attorney Schlereth stated that the only problem he could see with the ordinance was relative to enforcement and should be amended to allow for a civil penalty to be assessed for violation of the ordinance. Mayor O'Reilly opened the hearing to the public. There was no comment. NOTION: Councilman Whelan moved, seconded by Councilman Ackerly (for purposes of discussion), for the adoption of Ordinance 394-78, pertaining to mandatory Connection to the City of Kenai Public Sewage System. City Manager Wise advised that in order to receive sewage system grant funds from the State of Alaska, the City must adopt an ordinance which requires connection to a public sewage system If one to available within 200 feet of any structure from which sewage is generated. Mr. Wise further commented that the State does not specify how the 2001 Is to be to measured. After considerable Council discussion relative to the requirements causing a hardship on individuals, as to whether or not the proposal had gone before the Planning Commission (which it had not), and Councilman Whelan stated that Council was trying to determine if the matter should be postponed or amendments to the ordinance made prior to passage, Finance Director Ross Kinney advised that the grant application does require this commitment; however, as the ordinance now readepthere is no way of enforcing it NOTION - TABLE Councilman Ackerly moved, seconded by Councilman Whelan, to table the matter of Ordinance 304-78. Motion failed by tic vote. Voting no; Ambarian, Glick and Malston. Voting yes: O'Reilly, Whelan and Ackerly. A April 5, P78, Page Three Councilwoman Glick suggested that the ordinance be passed as submitted and the adopted ordinance would then be sent to the Planning Commission for /'` review and public hearing -- at that time any proposed amendments, etc. could be presented to the Council for action. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for amendment to the main motion to include that the effective date of the ordinance would be July 1, 1978. Motion passed by roll call vote with Couneilmemhers Ambnrinn and Ackorly voting no. i MAIN, AS AMENDED Passed unanimously by roll call vote. B-2: Renewal of beverage dispensary license - Rainbow Bar & Grill Clerk Sue Peter reported that the Borough advised taxes woro delinquent on both the Rainbow Bar and Kenai Joe's and requested that the City of Kenai protest renewal of licenses until such time as all taxes are paid. MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, that the City send a letter of protest to the Alcoholic Beverage Control Board relative to Kenai Joe's and Rainbow Bar & Grill. Motion passed unanimously by roll call vote. Renewal of recreational site license - Peninsula Oilers Clerk Sue Peter advi aed that the Oilers would be submitting their personal property tax statement to the Borough within the next week. Council directed that the matter be included on the next agenda for review. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Phil Bryson a Coral Seymour - Peninsula Oilers Mr. Seymour stated he had two proposals to prevent to Council to meet the requirements of the Oilers in -kind contribution on their lease agreement with the City. Mr. Seymour requested Council consideration to waive last year's in -kind contribution as the Oilers had submitted a development plan to the City which was rejected as the City did not feel the plan was detailed enough; however, the City did not return with the direction for an alternate plan, and the Oilers were not able to fulfill their in -kind commitment. The second item for consideration is that the Oilers would like to retain an engineering firm for preparation of a development plan so that they can provead with in -kind work -- this proposal is contingent upon the City Council agreeing that the costs incurred in retaining an engineering firm would be considered as part of the Oilers in -kind contribution. April 50078, Page Four Mayor O'Reilly requested that the records refluut That three members of Council were also members of the Peninsula Oilers Board of Directors, Councilman Ambarian reminded Council that in the past the adjacent property owners of the area under consideration had several concerns relative to the increased traffic in the area and Ceuneilmnn Ambarian requested that any proposed development, ote. offer the opportunity for public input. Councilwoman Glick stated that the Planning Commission had reviewed several development plans in the past and had boon in agreement with the proposed concept. City Manager Wise stated that the City's existing facilities were very inadequate and recommended that a master plan for the City parks be developed as soon as possible. MOTIONS Councilman Ambarian moved, seconded by Councilman Whelan, that tho City of Kenai hereby forgives the in -kind commitment PY1977 for the Peninsula Oilers as -- specified in their lease agreement with the City and further that the City will accept as in -kind contribution PY1078 an engineering firm's time for development of a master plan for the remaining 30 acres adjacent to the Oilers field and in addition, such master plan to be submitted to the Kenai Planning Commission for review and public hearing, Motion passed unanimously by roll call vote with Malston, O'Reilly and Aekerly abstaining. OD. MINUTES D-is Minutes of the regular meeting of March 16, 1078 Approved as distributed D-2s Minutes of the emergency special meeting of March 24, 1978 As the meeting was not officially brought to order due to non -passage of Resolution 78-00, the proceedings will be kept as City records and not as official minutes. E. CORRESPONDENCE E-is Lottor of resignation from Kenai Planning Commission - Mr. Dwain Gibson Mayor O'Reilly acknowledged receipt of the letter of resignation from the Planning 'Commission submitted by Mr. Dwain Gibson and advised that he had written a letter of appreciation to Mr. Gibson for his contribution to the City. 774,­ Councilman Ambarian recommended Eric Smitt for consideration as Mr. Gibson's 7 - -= replacement and Councilman Whelan suggested Lance Coz . The Clark was -: instructed to verity residency and property ownership requirements for the two individuals and report to the Mayor. i 1 i r � I April 5, 1976, IPago Five I - -- F. OLD BUSINESS F-1: Lease of City owned lands - Phil Bryson and Craig Freas n Mr. Bryson advised Council that he had investigated several ways of determining some typo of solution for water and sewer to l,ot 5, nloek 2, Fidalgo Subdivision, and suggested that the City consider putting in the sewer line in its entirety and making the upcoming project one which would be an additional 650 linear foot of sower line. Mr. Bryson stated that the water situation was not such a major concern to the lessee. Finance Director Ross Kinney reminded Council that if the City provides water/ sower to the subject parcel, it would then be necessary to reevaluate the lease rate as the current rate is based on an unimproved parcel. Councilman Ambarian stated that if the City extended the water lino as a change order to the Willow Street Pro,aot, there would be no need for an assessment. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, to bring the matter of lease of City owned lands to Phil Bryson and Craig Freas off the table. There was no objection. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, that City Attorney and prospective lessees prepare a contract proposing costs to be shared between the City and the Lessees for the provision of water and sourer to Lot 5, Block 2, In Fidalgo Subdivision and such proposed contract to be presented to Council at the next regular meeting for their review and consideration. Motion passed unanimously by roll call vote. F-2: Kenai Police Officer's Association Councilman Ambarian advised that he had requested this item be included on the ' agends,as some decision should be made relative to the request for recognition of the members of the Kenai Police Department and their Police Officer's Association, MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the Kenai City Council hereby recognizes the Kenai Police Officer's Association. At the request of City Manager Wise, City Attorney Sehlereth advised that Ordinance 252-74 specifically opted out of the State issue relating to municipal employees and recognizing bargaining units. Councilman Whelan inquired if the City Attorney felt the ordinance should be repealed? No, he did not feel the ordinance would have to be repealed. Councilman Ambarian stated that he felt the information relative to Ordinance 252-74 should have been J contained in the Council packets and in addition, the by laws of the Police Officer's Association did not contain the words "bargaining units". City Manager Wise suggested that perhaps the Council might wish to state that they have "no objection to the Association" rather than formally recognizing them as j an association. Councilwoman Glick stated that she had a great deal of concern April 8, 4978, Page six over the concept in that this action would allow for the police officers to deal directly with the Council relative to salary schedules, benefits, ote. and would, therefore, by-pass the Departmont Iload and City Manager. However, if they wanted to organize for the betterment of themselves and tho City, they should be commended on it. QUESTION: Motion passed by roll call vote with ©lick and O'Reilly voting no. O. NEW BUSINESS 0-1: Bills to be paid - bills to be ratified MOTION: Councilman Aekorly moved, seconded by Councilman Ambarlan, for approval of items listed on bills to be paid and bills to be ratified as presented by the Finance Department this date. Motion passed unanimously by roll call vote. 0-2: Ordinance 398-78, providing for enactment of current editions of varioua Mayor O'Reilly read Ordinance 398-79 by title only, "An ordinance of the Council of the City of Kenai amending Chapter Four of the Code of the City of Kenai to provide for enactment of current editions of various Technical Uniform Codes and declaring an emergency." ' MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for introduction of Ordinance 398-78, providing for enactment of current editions of various Technical Uniform Codes and deleting Section 4, Emergency Section. Councilman Ambarian advised that he wished to delete section 4 in order to provide for public hearing on the proposed ordinance. Councilman Ambarian stated the ordinance contained several areas of concern and listed his questions which he required response to by public hearing. Some of the issues in question were as follows: pages 4-3, 4-8, 4-9 (why was the City proposing exceptions to the Building Code?), 4-13 - asked for an exact definition of "trailer" and page 4-14 -- OSO should also apply to trailer parks. Councilman Aekerly stated that the Building Contractors should be notified of the putlie hearing on the proposed ordinance. QUESTION: Motion passed unanimously by roll call vote, a, F i M April 5, j976, Page Seven G-3: Ordinance 390-78, Declarina water truck surplus and authorising its sale Mayor O'Reilly read Ordinance 396-78 by title only. "An ordinance of the Council of the City of Kenai declaring one 1952 GMC 2-1/2 ton 6x0 water truck surplus equipment." MOTION: Councilman Whelan moved, seconded by Councilman Malston, for introduction of Ordinance 396-78, declaring the water truck surplus and authorizing its sale. Councilman Ambarian questioned the low bid in that the City has expended approximately $10,000 in keeping this particular piece of equipment running. Public Works Director Keith Kornelis advised Council that Mr. Carver submitted a bid of $150 for the truck only as the tank had been removed and is being used by the City. QUESTION: Motion passed unanimously by roll call veto. G-4: Ordinance 397-79, prescribing functions of the City Manager Mayor O'Reilly read Ordinance 397-79 by title only. "An ordinance of the Council of the City of Kenai further prescribing and outlining the powers, duties and functions of the City Manager as are consistent with the City Charter." MOTION: Councilman Whelan moved, seconded by Councilman Malston, for introduction of Ordinance 397-78 prescribing functions of the City Manager. MOTION: - AMENDMENT Councilman Whelan moved, seconded by Councilwoman Glick, to amend the motion to add .....in preparing the annual budget, the City Manager will inaludo informational input from all Department Heads. MOTION: - AMENDMENT Mayor O'Reilly requested Vice Mayor Whelan assume the chair for the motion. Mayor O'Reilly moved, seconded by Councilwoman ©lick, to further amend the motion to include in item g .......... shall secure the Council's prior approval If at all possible. In any case, shall exercise flue diligence to abide by item d. QUESTION - AMENDMENT Passed unanimously by roll call vote. QUESTION - AMENDMENT Passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. i r r' ', 11 April 5, 1078, Pago Night 11-5: Resolution 78-51 n. Forest Drive an, Mayor O'Reilly road Resolution 78-51 by title only. "A resolution of the Council of the City of Kenai rescinding Resolution numbers 75-23 and 75-27 committing the City of Kenai to maintenance of Forest Drive (Ilomosito Loop) and Beaver Loop and urging the Commissioner of the Department of Transportation and Public Facilities to assume responsibility hereinafter for maintenance of the above named road systems." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Ackorly, for adoption of Resolution 78-51 with the following amendments: add in applicable areas..... Forest Drive/Redoubt (Homesite Loop) and delete ....."of the above named road systems and add ....."Forest nrive/Redoubt (homesite Loop) . Also, add another Whereas, the State has classified Beaver Loop as a "feeder road" and will continuo maintenance of same. In the last paragraph add Forest Drive/Redoubt and delete Beaver Loop. Motion passed unanimously by roll call vote. i 0-0: Resolution 78-52, Transfer of funds - Public Works/Supplies Sewer Treatment Plant Mayor O'Reilly read Resolution 78-52, Be it resolved that the following transfer of monies be made within the 1977-78 Water a Sewer Fund Budget, From: Public Works - Sewer Treatment Plant/Operating Supplies 02,900) to: Public Works - Sewer Treatment Plant - Repair a Maintenance Supplies - $2, 500 and Machinery a Equipment - $400. The purpose of this resolution is to provide funding for needed repair supplies for the Sewer Treatment Plant facility. This resolution also provides fund4 for the purchase of testing equipment." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Aekerly moved, seconded by Councilman Whelan, for adoption of Resolution 78-52, transfer of funds in the 1977-78 Water a Sewer Fund Budget in the amount of $2, 900. Motion passed unanimously by roll call vote. 0-7: Resolution 78-53, Amending Public Works Street Budget Mayor O'Reilly read Resolution 78-53 by title only. "A resolution of the Council of the City of Kenai amending the Public Works Street Budget to provide for the purchase of two ilomelite three inch trash pumps." Mayor O'Reilly opened the meeting to the public. There was no comment. rt, Ir- 5 ,, Ap;ail 5, 1978, Page Nine MOTION: Councilman Aekerly moved, seconded by Councilman Whelan, for adoption of Resolution 78-53, amending Public Works Budget in an amount not to exceed $1,478.00 for purchase of two Nomelite three inch trash pumps. Motion passed unanimously by roll call vote. 0-8: Resolution 78-54, declaring old City ambulance obsolete and authorizing Mayor O'Reilly read Resolution 78-54 by title only. "A resolution of the Council of the City of Kenai declaring the old City ambulance obsolete and surplus and authorizing the City Manager to sell or transfer the same for valuable consideration to Twin Cities Raceway." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Resolution 78-54, declaring the old City ambulance obsolete and authorizing its sale or transfer to Twin Cities Raceway. Motion passed unanimously by roll call vote. (3-9: Resolution 78-55, transfer of funds - Legal Department Mayor O'Reilly read Resolution 78-55;'Be it resolved by the Council of the City of Kenai that the following transfer of funds be made within the 1977-78 General Fund Budget as increased by Ordinance No. 393-70 (Anti -recessionary Revenue Sharing Funds) From: Legal Department - Professional Services - ($1,000) To: Legal Department - Books - $1,000. The purpose of this resolution is to fund an expenditure by the City Attorney for law books, and to ratify the telephone poll of March 27, 1978." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Whelan moved, seconded by Councilman Malston, for adoption of Resolution 78-55, transfer of funds within the Legal Department in the amount of $1,000 for purchase of law books. Motion passed unanimously by roll call vote. 0-10: Resolution 78-56, requesting release of Airport Lands Mayor O'Reilly read Resolution 78-56 by title only. "A resolution of the Council of the City of Kenai requesting the release by the FAA of certain Airport Lands." Mayor O'Reilly opened the meeting to the public. There was no comment. i i i I I Ii H 1 Y r April 5, ,1978, Rage Ten City Manager Wise advised that he requested Council authorization to request release of that area known as the FAA housing area from the Federal Aviation Administration. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for purposes of discussion, adoption of Resolution 78-56, release of certain airport lands from the FAA. Councilman Ambarian stated that in discussions with the Federal Aviation Administration, the FAA has requested the submission of a development plan to accompany requests for release of Airport lands. Councilman Ambarian further commented that the Planning Commission should, in conjunction with the City Manager, review the matter, prepare a development plan and submit same to the Council. Councilman Malston suggested that the matter be tabled until the Planning Commission and the City Manager have had the opportunity to prepare a proposed development plan. WITHDRAWL OF MOTION Councilman Ambarian, with consent of second, withdrew his motion. MOTION: Councilman Malston moved, seconded by Councilman Whelan, to table Resolution 78-56 and request that the Planning Commission, with the assistance of the City Manager, prepare a proposed development plan for the area to be submitted to Council at the May 3rd meeting for consideration prior to requesting release of land from the Federal Aviation Administration. Motion passed unanimously by roll call vote. 0-11: Resolution 78-57. reauesti= the Congressional Delegation of thin State of Ataaka Mayor O'Reilly read Resolution 79-67 by title only. "A resolution of the Council of the City of Kenai requesting that the Congressional Delegation of the State of Alaska, Senators Gravel and Stevens and Representative Young, take action to amend Section 404 of the Water Pollution Control Act amendment of 1972." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for adoption of Resolution 78-57, requesting Alaska State Congressional Delegation to take action to amend 1404 of the Water Pollution Control Act. Motion passed unanimously by roll call vote. 9,-'." t FM 1 t 6 • April 5, .1978, Page Eleven 0-12: Resolution 78-58. Aceemine a ADDrovinot a portion of the Airport Master Plan Mayor O'Reilly read Resolution 78-58 by title only, "A resolution of the Council of the City of Kenai accepting and approving a portion of the Kenai Municipal Airport Master Plan study as indicated on Drawing 1980, Terminal Area Plan Phase One, dated March 22, 1978, relative to fixed base operator area lying between the Terminal and Tower." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Aekerly moved, seconded by Councilman Whelan, for adoption of Resolution 78-58, accepting a approving a portion of the Airport Master Plan. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Malston, to amend the motion to include authorization for the City Manager to proceed with having the area in question platted and appraised and to also authorize the City Manager to proceed with having the area in which the City Shop is located and adjacent lands platted and appraised. QUESTION - AMENDMENT Passed unanimously by roll call vote. QUESTION - MAIN, AS AMENDED Passed unanimously by roll call vote. G-13: Resolution 78-59, acknowledging receipt of proposals for Mayor O'Reilly read Resolution 78-59 by title only. "A resolution of the Council of the City of Kenai acknowledging receipt of proposals for the fiscal year 1977-78 annual audit of the City's financial records and authorizing the engagement of for that audit." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Resolution 78-59 and authorizing the engagement of Coopers a Lybrand to perform the audit per their proposal in the amount of $14, 750. Councilman Whelan advised that in studying the various proposals submitted that all firms were of the utmost calibre, however, it was, in his opinion, good policy to change audit firms from time to time. Councilman Whelan further commented that the proposals were all submitted at a lower cost than in previous years due to the excellent record keeping of the Finance Department and wished the record to show a special commendation to the entire Finance Department for their outstanding services provided to the City. QUESTION: Motion passed unanimously by roll call vote. ,I .1 l.r- H .:I-P1. I. 1 Aptil 5, 1078, Page Twelve 0-14: Lease of City owned lands - Joseph M . Ross dba Performance Sales a Service MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for approval of lease of Lot 3, Block 2, Cook Inlet Industrial Air Park, for a term of 55 years at an annual rental of $1, 350 to Joseph M . Ross dba Performance Sales and Service. Mr. Wise advised Council that the Borough Planning Department had contacted City Hall to bring it to the City's attention that the type of operation Mr. Ross proposed was not in keeping with the zoning of CHAP. Mr. Wise stated that this was also the case for the proposed lease by Gerald Browning and Glen Henry. The Borough advised that tho zoning be changed to heavy industrial, however, Mr. Wise recommended that the loasos be approved and the manor of zoning dealt with accordingly. QUESTION: Motion passed unanimously by roll call vote, Councilman Ambarian instructed the Administration to present the zoning problem to the Planning Commission for consideration and to be resolved as need be. G-15: Lease of City owned lands - Robert L. Horgan MOTION: Councilman Malston moved, seconded by Councilman Ackerly, for approval of lease of Lot 4, Block 1, Cook Inlet Industrial Air Park, for a term of 99 years, at the annual rental of $1,350 to Robert L. Borgen. Motion passed unanimously by roll call vote, 0-16: Lease of City owned lands - Gerald Browning and Glen Henry MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for approval of lease of Lots 6, 7, and 8, Block 2, Cook Inlet Industrial Air Park for a term of 99 years at the annual rental of $6,142.50 to Gerald E. Browning and Glen M. Henry, Motion passed unanimously by roll call vote. 0-17: Discussion - MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, to table the matter of City policy concerning donations/contributions to specific interest groups within the City of Kenai. Councilman Ambarian explained that he wished to table the matter until such time a work session could be scheduled and the Council would have ample 4 I A �IJ April 5, 1078, Page Thirteen time to discuss the donations and contributions. QUESTION: Motion passed unanimously by roll call vote. 0-18: Discussion - Boat Ramp and Adjacent Lands City Manager Wise presented a plat showing land which runs south of the entrance road off Heaver Loop extended. Mr. Wise advised that the City had received interest from Dennis Carlson for lease of this particular area, however, Mr. Carlson has boon out of the State for R period of time and the City has received no further word. In the interim period, the City has received another inquiry and the prospective lessee is ready to submit a development plan, etc. Mr. Wise requested Council guidance as to procedure at this point of time. Councilman Whelan stated that if the City delays too long, the individual expressing interest at this time may drop his request. MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, that if application is not received from Mr. Carlson within two weeks of this date, and the City has made an effort to contact Mr. Carlson advising him of the situation and no response has been made, then the City shall proceed with the application from Mr. Roper, Motion passed unanimously by roll call vote. G-19: Discussion - appraisal of City lands Relative to appraisal of City lands, Council directed Administration to change appraisers from time to time for a more well-rounded appraisal of the City's lands. Councilman Whelan also suggested that perhaps the City should consider getting a bid for a yearly appraisal from the various appraisers. G-20: Discussion - CEIP Grant Application - Bluff and Master Plan Mr. Wise advised that the City had applied for $80, 000 and $20, 000 in grant funds through the Coastal Energy Impact Funds. 0-21: Discussion - Protect Coordinator/Inspector for upcoming construction projects. Council directed Administration to advertise for a project coordinator/inspector for the upcoming construction projects and report back to Council at the next regular meeting. Q,G-22: Application for Permit for dames of Chance and Skill - Kenai Chamber of Commerce There was no objection to the application. 4 I I I i J A 1 I 1 rJ April 5, J978, Page Fourteen 0-23: Statement 09 - TRA/Farr (Airport Master Plan Study) - MOTION: Councilman Whelan moved, seconded by Councilman Malston, for approval of payment in the amount of $4,064.33 to TRA/Farr for the Kenai Master Plan Study, Kenai Airport. Motion passed unanimously by roll call vote. 0-24: Resolution 78-60, Urging loth Legislature to enact a bill for a special appropriation to the Kenai Peninsula Community Care Center Mayor O'Reilly read Resolution 78-60 by title only. "A resolution of the Council of the City of Kenai urging the Tenth Legislature of the State of Alaska to enact a bill making a special appropriation in the amount of $260,000 for Capital Improvements to the Kenai Peninsula Community Care Center." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolutions 78-00, urging Legislature to enact a Bill to make a special appropriation in the amount of $250,000 to the Kenai Peninsula Community Care Center. Motion passed unanimously by roll call vote. H. REPORTS H-l: City Manager's Report N7 Mr. Wise advised that correspondence has been received from the FAA relative to the Airport Fencing Grant and the acquiring of certain lands adjacent to the float pond and certain taxiway and other lighting improvements. Mr. Wise advised that two phases of the project were complete, however, acquisition of the land still remains open with approximately $40,000 remaining in the fund. Mr. Wise recommended that the account be closed at this time and handle the acquisition of the land under the hope of federal funding for expansion of the float plane basin. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, that the City close out the grant and return the unused funds to the Federal Aviation Administration. Motion passed unanimously by roll call vote, Mr. Wise advised that it was his desire to present the budget requests to the Council at their next regular meeting. t I I' April S,- 1978, Pago Fifteen 11-3: Mayor's Report n Mayor O'Reilly advised that he had attended a meeting of OMAR in Anchorage and would keep Council advised on OMAR's activities. Mayor O'Reilly advised that he, the City Manager, and Chief of Police would be meeting with Commissioner Aiorne in Juneau Friday morning concerning the proposed jail facility. Mayor O'Reilly advised that Judge Hanson and James Fisher would also be in attendance. Mayor O'Reilly also requested Council comment on proposed letters to be sent to Representative Malone on the Caro Center, Senator Korttula on the increase of traffic on the Spur, commending the Kenai Air Traffic Control Tower personnel on the outstanding award for the year, and a letter to the Coyles on their 30th anniversary of residing in Kenai. Council so concurred. H-7: Kenai Peninsula Borough Assembly's Report Mayor O'Reilly reported on the Borough meeting in which architects were authorized to prepare plans for the high school auditorium and the Financial Committee has recommended passage of the school budget. Mayor O'Reilly requested that the Council advise as to how he should vote relative to the school budget prior to the next meeting of the Assembly. Mayor O'Reilly also advised that the Assembly approved a trip to Anchorage whore Mayor O'Reilly gave testimony at the AIAA meeting. Mayor O'Reilly reported that prior to the beginning of the meeting, the chairman stated that due to the fact of the lengthy agenda, etc. that the committee would go ahead and pass the resolutions and regulations without the public input. Mayor O'Reilly reported that the Assembly would request the opportunity to present testimony at the annual meeting scheduled for April and would also keep Council informed. H-2: City Attorney's Report City Attorney Sehlereth advised that relative to the matter of award of bid for gravel provided by Robert Borgen contingent upon Mr. Borgen submitting a development plan FY 1078 on River Bend Sand A Gravel, Mr. Borgen's attorney has contacted the City advising that the contingency clause was, in effect, not proper as Mr. Bergen does not have complete jurisdiction over RBS&G. Mr, Borgen's attorney also stated that the amendment to award of bid constituted an unenforceable attempt to alter the contract as a bid was made by Mr. Borgen In compliance with the conditions set forth in the specifications. Mr. Sehloreth recommended that the amendment to adoption of the Resolution awarding the bid should be deleted. Councilman Ambarian stated that the reason for the amendment was to require that the operation of the gravel pit is in compliance with the ordinance. City Attorney Sehlereth stated that the gravel pit non-compliance would be easily enforced through the zoning ordinances. i i I i 1 I . I April 5,*•1078, •Page Sixteen MOTION: Councilman Malston moved, seconded by Councilman Ackerly, that the Council hereby rescinds that portion of the motion (amendment) which is objectionable and further pursue that River Bend Sand and Caravel are in compliance with their conditional use permit provisions. Motion passed by roll call vote with Councilman Ambarian voting no. H-4: City Clerk's Report Clark Sue Peter reminded Council that their financial disclosure statements must be submitted to her no later than April 17th. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly., that the agendas of the Kenai City Council meetings be advertised. Motion passed unanimously by roll call vote. The Clerk was instructed to prepare the agendas for advertising and make proper financial adjustments for funding. MOTION: Councilman Whelan moved, seconded by Councilman Malston, that the Council begin their meetings at 7: 00 P.M. rather than at 8: 00 P.M. J Motion passed unanimously by roll call vote. H-5: Finance Director's Report Finance Director Ross Kinney advised that he authorized Lil Hakkinen to sign checks with him on Friday, March 31st due to the absence of both the City Manager and the City Clerk. Mr. Kinney also advised the municipal insurance market has eased up a bit and there were several agencies that wished to submit bids to the City of Kenai and, therefore, the matter should be advertised accordingly. MOTION: Councilman Malston moved, seconded by Councilman Whelan, for authorization to proceed with advertising of bid proposals for municipal insurance. Motion passed unanimously by roll call vote. H-6: Planning Commission Report a 1 None r f' :i.:4 wi • , r i rl, Appil 5 J978, page Seventeen COMMENTS QUESTIONS Mr. Wise advised that CH2M Hill had prepared a bid proposal for the Sewer Treatment Plant Study which would be an additional $5,000 to the City. MOTION: Councilman Malston moved, seconded by Councilman Whelan, for approval of expenditure of $5,000 to CH2M Hill for preparation of bid proposal for the Sewer Treatment Plant Study. ,r Motion passed unanimously by roll call vote. Public Works Director Keith Kornelis advised that some firm had been dumping illegally into the City's system and would like to advertise to notify people to be aware of the situation and to contact the Police or City Hall if they witness unauthorized dumpers. Council so concurred. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None ADJOURNMENT There being no further business, the meeting adjourned at 12:30 p.m. Respectfully submitted, Su6 C . Peter, City Clerk • I u i I