HomeMy WebLinkAbout1978-04-26 Council Minutesf
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A 0 E N D A
KENAI CITY COUNCIL - REUULAR MEETING
APRIL 26, 1078 - 7. 00 P.M.
KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
OATH OF OFFICE
A. ROLL CALL
AGENDA APPROVAL
S. HEARINGS
1. Ordinance $95-78. Amending Chapter 4 of the Code providing for enactment of
current editions of various Technical Uniform Codes.
2. Ordinance 896-78, Declaring one 1052 ONIC 2-1/2 ton Ox0 water truck surplus.
3. Ordinance 397-78. Further prescribing i outlining the powers, duties a functions
of the City Manager as are consistent with the City Charter.
4. Renewal of Recreational Site License - Peninsula Oilers
Renewal of Club License - Fraternal Order of Eagles #3525/3240
C. PERSONS PRESENT SCHEDULED TO BE HEARD
1. Les Anderson, Peninsula Ford - Car Lease Area - Bear's Lair/Terminal Building
2. Edward Call - Streets and Driveways/Rush Lanes Subdivision
S. Judas James Hanson a James E. Fisher - Jail Facility Proposal
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4. Bob Roper, City Owned land adjacent to the boat ramp
D. MINUTES
1. Minutes of the regular meeting of April 5, 1979
R. CORRESPONDENCE
1. Kenai-Soldotna Slow Pitch Softball Organisation
2. Nikiski Anti -Annexation Committee
F. OLD BUSINESS
j 1. Resolution 78-50, requesting release by FAA of certain Airport Lands
{ 2. Lease of City owned Lands - Phil Bryson a Craig Press
S. Discussion - Environmental Protection Agency vs. City of Kenai
4. Discussion - Boat Ramp a Adjacent Lands
I. Discussion - Yoshi a Ruth Shiehirs Les"
O. NEW BUSINESS
1. Bills to be paid - bills to be ratified
2. Ordinance 398-70, Anti -Recessionary Sharing Funds in the amount of $5,737
S. Ordlname 39949, Increasing estimated revenues a appropriations/
4. Ordinance 400-78, City Airport Lands Leasing Policies and Procedures
5. Ordinance 4M-78, Declaring certain City buildings, equipment a materials surplus
S. Resolution 78-01, Accepting EDA grant for winteriutbn of warm storage facWty
7. Resolution 78-52, 100% funded grant for two moving radar units
S. Resolution 78-03, Allocating funds for repair of transmission in grader
S. Resolution 18-64, Waiving penalty a interest on 1077 Sewer Assessment
10. Resolution 78-05, Transfer of Funds, General Fund/Shop - $2,000
U. Resolution 18-06, Transfer of Funds, Komi Water Project 07-M-01884 - $2.515
12, Resolution 79-07, Transfer of Funds, General Fund/Legislative - $320
IS. Resolution 78-09, Transfer of Funds, General Fund/Legal, Non-depart..City Manager
14, Resolution 78-69, Transfer of Funds, General Fund/Hon-departmental - $3,000
IS. Resolution 70-70. Transfer of Funds, GensrW Fund/Legislative, Legal - $1.500
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16. Resolution 7841. Accepting grant from Statt/Engineering of Watts/Sava Lines
17. payment for Professional Services - Harold Galiiett. Enginser
19, Psymegt I Doyla's ExcavatingExcavagor in the amount of $47,500
H. REPORTS1 KES• a,4445bv L+VG.
1. City Manager's Report
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S. City'AKorney's Report
S. Mayor's Report
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' 4. City Clerk's Report
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S. Finance Director's Report
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S. Planting Commission's Report
7. Borough Assembly's Report
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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KENAI CITY COUNCIL - REGULAR MP.ETING
e..,APRIL 26, 1978 - 7:00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
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PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Betty Glick, Ron Malston*, Vincent O'Reilly, Dan Whelan, Phillip Aber,
Tom Ackerly and Edward Ambarian
Absent: None
AGENDA APPROVAL:
Mayor O'Reilly requested that Resolution 78-72 be added to the agenda. There
was no objection.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, that if the business
at hand is not completed, the Council recess at 12:00 midnight and reconvene at
5:00 p.m., Thursday April 27th.
Motion passed unanimously by roll call vote.
B . HEARINGS
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B-l: Ordinance 395-78, Amending Chapter 4 of Code Providing for enactment of
-- Mayor O'Reilly read Ordinance 395-78 by title only. "An ordinance of the Council
of the City of Kenai, Alaska, amending Chapter Four of the Code of the City of
Kenai to provide for enactment of current editions of various Technical Uniform
Codes."
Mayor O'Reilly opened the hearing to the public. There was no comment.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of
Ordinance 395-78, amending Chapter 4 of Code providing for enactment of current
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editions of various Technical Uniform Codes.
With Council consent, City Building Inspector Howard Hackney, responded to
questions raised within the ordinance by members of Council. Mr. Hackney
further requested that an amendment be added on page 4-3, adding Section
4.05.040. Councilman Ambarian stated that in reviewing the building permits,
It appeared that permits were being issued on owner/builder estimates and
perhaps the Building Inspector should be required to make a final inspection of
j the facility to determine if estimate is accurate. Councilman Ambarian advised
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April 26, 1976, Pago 2
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that property tax evaluation could possibly be affected. Councilman Ambarian
further inquired as to the reference on page 4-8, "plastic pipe" and the reasoning
for the requirement. Mr. Hackney advised tha plastic pipe was never allowed
under ground. Councilman Ambarian questioned deletion of Table A, Chapter 2
(Pago 4-9 of the Code) and was advised by Mr. Hackney that when hot water is
run through the pipo, the molded plastic becomes Pliable and takes the
shapo of the area it travels over. Councilman Ambarian stated that on Page 4-13
it appears that a proper definition of trailers should be included, i.e. flatbed, eto.
Mr. Wise advised that the Planning Commission was working on a definition that
would be suitable and acceptable to the Cede. Councilman Ambarian questioned
(page 4-14) why trailer parks had not boon included and Mr. Hackney responded
that trailer parks were governed by the State.
MOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilman Ackerly, to amend
Ordinance 396-78, by adding a new U.05.040, Section 1404 Amended - Exit
Facilities. Section 1404 of the Buidling Code as adopted by this chapter is
amended by changing the last sentence to road: "Where windows are provided
as a moans of ogress or rescue, they shall have a finished sill height not
more than 48 inches above floor". All numerical sequence shall be changed there-
after.
' 11 QUESTION
Amendment passed unanimously by roll call vote.
MAIN, AS AMENDED
Passed unanimously by roll call veto.
B=2: Ordinance 398-78, declaring water truck surplus
Mayor O'Reilly road Ordinance 390-78 by title only. "An ordinance of the Council .
of the City of Kenai declaring one 1052 (INC 2-1/2 ton 6x6 water truck surplus
equipment."
Mayor O'Reilly opened the hearing to the public. There was no comment
MOTION:
Councilman Ackerly moved, seconded by Councilman Whelan, for adoption of
Ordinance 398-78, declaring the 1062 OMC water truck surplus and making it
available to Boll to Kenney Carver for the amount of $150.00.
Motion passed unanimously by roll call vote.
B-3: Ordinance 397-78, City Manapfer/Council policies
Mayor O'Reilly read Ordinance 397-78 by title only. "An ordinance of the Council
Of the City of Kenai further prescribing and outlining the powers, duties and
functions of the Ciy Manager as are consistent with the City Charter."
Mayor O'Reilly opened the hearing to the public. There was no comment.
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April 26, 1078, Page 3
MOTION:
/'IN Councilman Whelan moved, seconded by Councilman Ackorly, for adoption of
Ordinance 397-78, further prescribing and outlining the powers, duties and functions
of the City Manager.
MOTION - AMENDMENT
Councilman Ambarian moved, seconded by Councilman Whelan, to amend Ordinance
397-78, by adding to paragraph f the following: ........except by prior approval
of the City Council as mandated by and with the exceptions contained in Section
7.16.030 of the Kenai Code.
City Attorney Schloreth advised that Ordinance 242-74 dated March 20, 1974 listed
certain exceptions so that these items could be paid when they fall due and payments
ratified by Council at their next regular meeting. The exceptions include: utility
bills, City's routine investment purchasing, monthly payments for payroll deductions,
monthly natural gas payments, authorized debt and monthly contracted janitorial
service.
MOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilman Ambarian, to further amend
Ordinance 397-78, paragraph e - adding the following: .......within 38 hours of
presentation if possible, with copies to go to all Council members." And, further
amend by adding paragraph h which shall read: "If appropriate, alternatives
will be submitted when Administration presents proposed ordinances or resolutions."
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.
B-4: J&anawnl of Reernational Site License - POttarn
-Renewal of Club License - Fraternal Order of Eagles
City Clerk Sue Peter advised that all taxes were current for both organizations.
Council had no objection to the renewal of licenses for the Peninsula Oilers and
Fraternal Order of Eagles and the Clerk was instructed to so advise the Alcoholic
Beverage Control Board.
C . PERSONS PRESENT SCHEDULED TO BE HEARD
-C-1: Les Anderson, Peninsula Ford - Car Lease Area - Bear's Lair
Mr. Anderson came before Council to obtain approval to operate a Ford rental
agency using Vesta Leigh as the operator. Mr. Anderson advised that he had
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April 26, 1978, Page 4
submitted the standard form to the City Attorney and would, therefore, request
Council's favorable consideration. Councilman Ackerly inquired if parking spaces
n would be available and was advised by City Manager Wise that spaces would be
provided, however, Mr. Anderson would be required to furnish his own electrical
outlets.
* Councilman Malston in at this time.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, that Council hereby
approves the concept of Mr. Anderson's request to operate a Ford car rental
business out of the Bear's Lair in the Terminal Building.
Motion passed unanimously by roll call vote with Councilman Malston abstaining.
Council directed Administration to prepare the proper amendment to Ms. Leigh's
lease and submit all pertinent agreements, etc. to Council for their review.
C-2: Edward Call - Streets and Driveways/Bush Lanes Subdivision
Mr. Call, a resident of Bush Lanes Subdivision, came before Council to request
determination of responsibility of damage he states was done to his property.
Mr. Call explained that Mr. Bill Quandt had a water line constructed last fall
and during excavation the contractor dumped excess dirt and sand on Mr. Call's
property. Mr. Call stated that he had contacted Mr. Quandt and the contractor +
and at this point in time, nothing had been accomplished with regard to his
complaint. Public Works Director Keith Kornelis explained that the City was not
committed to repair damage done to property by a private contractor. Councilman
Aber suggested that Mr. Kornelis check with the contractor as he should have a !
current bond and would be held liable to restore the area.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, that the City Manager
direct the Public Works Director to investigate the matter further, meeting with
Mr. Call and the contractor and return to Council with a viable solution to the matter.
Motion passed unanimously by roll call vote.
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C-3: Judge James Ranson and James E. Fisher - Kenai Jail Facility Proposal
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This matter will be taken up at a later point in the meeting due to Judge Hanson's
inavallability at this time.
C-4: Bob Roper, City owned land adjacent to the boat re-mn
11 To be taken up under item F-4, old business.
-9. MINUTES
D-1: Minutes of the regular meeting of April 5, 1978
Aprii 26, 1978, Page 5
` Councilwoman Glick requested the following additions to the agenda: page five
inclusion o° Councilman Whelan's inquiry as to whether or not the ordinance would
have to be repealed and then the City Attorney's response. Also, the inclusion
of Councilwoman Glick's comments relative to the Police Officer's Association in that
if they wanted to organize for the betterment of themselves and for the City, they
should be commended on It.
City Clerk Sue Peter also advised that on page two of the minutes in which the
outcome of the ballot for new councilmember was announced, the minutes should
be adjusted to reflect that five votes were cast for Phillip Aber and one no vote cast.
Mayor O'Reilly stated that he would object to this change as there was no objection
to the matter at the time it was announced and further Mayor O'Reilly read from
Mason Rules of Order in which it states ....... a blank ballot is of no effect except
to indicate members present. Councilman Ambarian inquired from the City Attorney
as to whether or not a blank ballot indicates a no vote or abstension and was
advised by City Attorney Schlereth that in this particular case the Council was voting
on a matter with only one name being considered and there was a ballot turned in
with no name which could be interpreted as a blank, negative or no vote.
QUESTION:
The minutes stood approved as corrected with Councilman Whelan and Mayor O'Reilly
voting no and Councilman Aber abstaining.
Judcre Hanson - Kenai Jail Facility
At this time Judge Hanson was available and reported to Council that he felt upon
leaving Juneau that an agreement was at hand, however, in the past few weeks
it appears that the status of negotiations is very questionable. Judge Hanson
further stated that the area definitely needs a jail facility for many reasons such
as individuals incarcerated awaiting trial are now housed in Anchorage and do
not have access to their attorneys. In addition, several individuals should be
retained in the jail, however, are free on bail because of this situation, etc.
and Judge Hanson further stated that he for one to very concerned that these
Individuals out on bail could be possibly be involved in additional problems.
Judge Hanson requested and urged Council to do everything in their power
to encourage negotiations of a jail contract between the State and the City without
further delay.
Councilman Ambarian stated in reading correspondence received from Trygve
Hermann, Director of the Division of Administrative Services, it was apparent
that Mr. Hermann has missed the entire point in that Kenai is offering a service
to the entire Kenai Peninsula area. Mayor O'Reilly advised that Mr. Hermann
responded to Senator Tillion with figures of only 5-person occupancy -- Judge
Hanson stated that this was not a realistic figure as discussions have indicated
that when the facility is not full, Anchorage would send their "overflow" down
for incarceration. Mayor O'Reilly further explained that the City requested $.SO/sq.ft.
rental and the State came back with an offer of $.30 -- Mayor O'Reilly stated that
he would suggest a figure closer to the $.80. In addition, Mayor O'Reilly stated
the State also came in with a $4,000 figure for administrative support, etc. and
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April 26, 1818, Page 6
the Mayor stated he would consider a figure of $7-8,000 more realistic. Mayor
O'Reilly recommended that the City proceed immediately with returning to the
Commissioner and the Deputy Commissioner with City's budgeting requests.
Councilman Ambarian stated that it was his opinion that the City was being more
than fair with the State and would recommend that the original proposal as submitted
by the City is fair and equitable. Councilmombers Whelan and Ackerly concurred.
Councilman Whelan stated that he would request that the Commissioner be apprised
of the fact that Mr. Hermann': estimate is based on 50% occupancy and is not accurate
according to testimony presented to Council. Councilwoman Glick also requested
that it be pointed out to the Commissioner that this is an area -wide endeavor.
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, that the City's
proposal, as amended, be sent to Commissioner Reirne accompanied by a letter
from Administration pointing out such items ae the occupancy rate, serving area -
wide and other rolevent back-up information that would be beneficial in presenting
the City's position relative to the Jail Facility agreement.
Motion passed unanimously by roll call vote.
E. CORRESPONDENCE
E-1: Kenai-Soldotna Slow Pitch Softball -Organization
Mayor O'Reilly acknowledged receipt of correspondence from Steve Shearer
of the Slow Pitch Softball league in which they request City consideration to
upgrading the existing facilities and proposal of future development.
E-2: _Nikiski Anti -Annexation Committee
Mayor O'Reilly acknowledged correspondence in which the members of the Nikiski
Anti -Annexation Committee resolved that they are unanimously opposed to any
attempt by any party for annexation of their area.
F. OLD BUSINESS
F-1: Resolution 78-66, requesting release by FAA of certain Airport lands
Mr. Wise requested that the matter remain tabled until the request of Council
has been completed relative to a development plan.
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F-2: .eascnf rl awned lands -Phi Srvsen and Craig Freas
City Attorney Schlereth advised that at the last meeting of Council, Administration
was directed to negotiate with the lessee a solution for making sewer available.
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Mr. Schlereth presented a draft letter to be sent to the lessee. Councilman Malston
suggested that the City proceed with leasing of the subject parcel and allow the
lessee to construct water/sewer -- then the lessee could return to the City for
reimbursement for a portion of the coats involved which perhaps would aid in
getting the probject completed at a lower cost without going to bid, etc. City
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April 20, 1978, Page 7
Attorney Sehleroth advised he would have to investigate the legRl ramifications
of this suggestion. Mr. Freas pointed out to Council that the need for the sewer
is because they were within 200' of the lino. Mr. Freas further stated that as time
was of the essence, he would like to finalize the lease in order not to further delay
construction. Finance Director Kinney advised that costs to be reimbursed by the City
could be construed as providing the service to the lot across the street from the
proposed parcel which the City still owns and maintains.
At Council direction, Administration/City Attorney is to prepare a solution for
presentation at the next regular meeting so that the lease can be finalized without
further delay.
Bryson/Freas - request to purchase City owned foreclosed property
City Attorney Sehlereth advised Council that under specific provisions of the Code,
parcels not sold at public auction can be sold over the counter. The former owner
shall be given notice of intent to sell and after all delinquent taxes, etc. have been
satisfied, all remaining proceeds from the sale of the foreclosed property shall be
submitted to the former owner. Mr. Sehlereth advised that Mr. Bryson and
Mr. Freas request to purchase Lot 5, Block 3, Fast Addition Kenai Townsite
for a proposed purchase price of $2, 000 and E-1/2 of Government Lot 36,
Section 31, TON, It11W, SM for a proposed purchase price of $6,000.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, that Administration
be directed to look into the matter of sale of these two foreclosed properties to
i determine the current value, if the City has a use for the land in question, and,
If Administration so recommends sale, return to Council with the proper ordinance
for Council to proceed with the request.
Councilman Ambarian stated that the Council had already established that it had
no use for the land and had directed the sale previously, therefore, the City
should proceed with sale.
QUESTION
Motion passed by roll call vote with Councilman Ambarian voting no.
F-3: .Environmental Protection Agency vs. City of Kenai
City Attorney Sehlereth presented the Council with a draft letter to accompany
the proposed "Consent Decree" to be sent to EPA. Mr. Sehlereth stated he would
recommend the City agreeing to paying the $5,000 penalty but would recommend
that the wording contained in the Decree would be such to be of a very benefieal
nature to the City. Mr. Sehlereth stated that if the City did not meet the penalty
as set forth by EPA, Court costs could far exceed the $5, 000. Councilman Whelan
stated that if the City signs the Consent and agrees to paying $5, 000, any further
meetings with EPA would be fruitless? City Attorney Schlereth agreed, however,
stated that perhaps EPA would be satisfied with the Consent Decree. Councilman
Whelan further stated that the City has made great efforts to make improvements, etc.
as required by EPA and it appears that EPA is not taking this into consideration.
Mr. Sehlereth advised that in telephone conversations with EPA, it appeared that
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they were requiring a certain fine for violations levied against the City. Councilman
Whelan stated that he felt the City has been very reasonable in meeting EPA half way
and further felt that for EPA to continue the "hard" approach was extremely
unreasonable and the fine levied was quite high for a City the size of Kenai.
Councilman Whelan further stated that he felt the Court would not hold the City to
the $5,000 fine. Councilman Aber stated that if the City pays the $5,000 fine,
the City should not have to make interim changes as there is no guarantee that EPA
will not come back with additional changes. Councilman Ambarian stated that after
discussions with the City Attorney it was his opinion that the $5,000 would be a
small sum to pay to get the conditions contained in the Decree. City Manager Wise
reported to Council that the plant was now in compliance and did not personally
agree with the $5,000. Finance Director Ross Kinney advised Council that in acceptance
or Consent Decree as written, Council would be obligating City to providing matching funds
` MOTIO.' the amount of 12% or approx . $454, 000 for the construction of a new facility.
Councilman Malston moved, seconded by Councilman Ambartan, that the City Attorney
be hereby directed to send his letter along with an unsigned Consent Decree to
EPA.
Motion passed by roll call vote. Voting yes; Glick, Malston, Ackerly and Ambarian.
Voting no; O'Reilly, Whelan and Aber.
F-4: -Boat ramp h adjacent lands
City Manager Wise advised Council that he had proceeded with the survey and
Plat of the land in question (per telephone poll conducted by the City Clerk) and {
will not receive the appraisal until the plat is completed. City Manager Wise +
requested Council approval for an appraisal to determine value of the land to Y
establish a lease rate. Councilman Whelan questioned if the land were not available
for sale, would Mr. Roper be interested in a long term lease? Mr. Wise responded
that Mr. Roper would prefer to buy, however, this particular item has not been
discussed.
MOTION;
Councilman Ambarian moved, seconded by Councilman Malston, that the City Manager
be directed to enter into a contract for surveying of the parcel in question and
to proceed with appraisal of same.
Motion passed unanimously by roll call vote with Councilman Aber abstaining due
to personal business involvement.
U City Manager Wise advised that Mr. Roper would like Immediate occupancy and would,
therefore, request that the City apply the B$ of appraised value figure to establish
l a lease rate and draw up a short term lease with Mr. Roper.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, that Administration
be directed to enter into a short term agreement with R. L. Roper d/b/a Marine
Products for five acres on Kenai River in Tract A adjacent to Kenai City Boat
Ramp.
Motion passed unanimously by roll call vote with Councilman Aber abstaining.
April 26, 1978, Page 9
F-5: Vvsht and RLth Shiohira Lease
Mr. Wise advised that the lease was re -written at the request of the attorney
for the Shiohiras as the lease was based on the 1970 figure and should be up -dated
plus the attorney had submitted an amendment for Council consideration in which
a now paragraph would be added to the lease document: "Right to Purchase. It is
mutually agreed between the lessor and the lessee that should the within property
become available for sale through the removal of existing covenants upon the land
or that a waiver thereof is granted, the lessee may purchase said property, at any
time, during the lease at its fair market value, which is to be established as set
out in paragraph 10, by throe disinterested persons."
Mr. Wise advised that there were no covenants on the property and it could, therefore,
be sold at any time.
MOTION:
Councilman Whelan moved, seconded by Councilman Ambarian, that lease of
Lot 3, Gusty Subdivision, to Yoshi and Ruth Shiohira be hereby approved at an
annual rental of $ .06/sq . ft.
Council determined that the matter of Right to Purchase would not be considered at
this time.
QUESTION:
Motion passed unanimously by roll call vote.
G. NEW BUSINESS
G-h _Bills to be Paid - bills to be ratified
MOTION:
Councilwoman Glick moved, seconded by Councilman Ackerly for ratification of
�i approval of bills to be paid, bills to be ratified per telephone poll conducted of
Council on April 20, 1978.
Motion passed unanimously by roll call vote.
G-2; sharing iLnda in the mo+nt of 13,727
Mayor O'Reilly road Ordinance 308-78 by title only. "An ordinance of the Council
of the City of Kenai increasing estimated revenues and appropriations in the amount
of $5,737 for Title II, Anti -Recession Revenue Sharing Funds."
{ Mr. Wise requested the ordinance be revised to reflect the following: in the amount
ii of $7,237, add a Whereas, $1,500 shall be allocated for moving expenses for the
-- newly appointed Fire Chief; under appropriations add Fire Department - Transportation
_- $1,500 and adjust totals, where applicable, to $7,237.
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April 26, 1978, Page 10
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MOTION:
-� Councilman Whelan moved, seconded by Councilwoman Olick, for introduction of
Ordinance 398-78, anti -recession Revenue Sharing Funds in the amount of $7,237,
as revised by the City Manager.
Councilman Ambarian inquired if the City Manager had selected a Fire Chief
I and Mr. Wise advised that he had selected Walter Winston from Ketehikan.
QUESTION:
Motion passed by roll call vote with Councilman Ambarian voting no.
0-3: Ordinance 399-78, increasing estimated revenues and appropriations
` Mayor O'Reilly read Ordinance 399-78 by title only. "An ordinance of the Council
of the City of Kenai increasing estimated revenues and appropriations by $24,436
. in the General Fund,"
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Mr. Wise advised that those were proceeds from the We of City surplus equipment
and other materials at the auction of March 18th.
MOTION:
Councilman Aekerly moved, seconded by Councilwoman Glick, for introduction of
Ordinance 399-78, increasing estimated revenues and appropriations by $24,436
in the General Fund.
Councilman Ambarian stated that the City did not commit themselves to the purchase
of new equipment and perhaps should take a long look at the upcoming budget
prior to a decision being rendered. Councilwoman Glick state that she recalled
prior discussions in which the intent of proceeds from the auction was to purchase
new equipment. Councilman Aber requested that Administration, when purchasing
the two 4-wheel drive vehicles, look into purchasing utility boxes to be attached to
the beds of the trucks.
- - - QUESTION:
Motion passed by roll call vote with Councilman Ambarian voting no and Mayor
O'Reilly not present for voting.
G-4: Ordinance 400-78, City Airport Lands Leasina Policies and Procedures
Mayor O'Reilly read Ordinance 400-78 by title only. "An ordinance of the Council
of the City of Kenai. establishing policies and procedures relative to the leasing of
City Airport Lands."
_ MOTION:
s Councilman Ambarian moved, seconded by Councilman Ackerly, to table Ordinance
400-78 until the next regular meeting of Council.
Motion passed unanimously by roll call vote with Mayor O'Reilly not present for
voting
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April 26, 1978, Page 11
.0-5: Ordinance 401-78, Declaring certain city buildings, equipment a materials surplus
Mayor O'Reilly read Ordinance 401-78 by title only. "An ordinance of the Council
of the City of Kenai declaring the old sewage treatment plant and related
equipment and materials; and two shallow well buildings and related equipment
and materials, as surplus."
MOTION:
Councilman Ackerly moved, seconded by Councilwoman Glick, for introduction
of Ordinance 401-78, delaring certain building and related equipment and
materials surplus.
Mr. Wise requested that Section 1 be amended to reflect a later date for sale
of the declared surplus items.
MOTION - AMENDMENT
Councilwoman Glick moved, seconded by Councilman Whelan, to amend the
ordinance to include .......declared surplus and available to sell by sealed
bids on June 4, 1978:
Motion passed unanimously by roll call vote.
MAIN,AS AMENDED
Passed unanimously by roll call vote.
G-6: Resolution 78-61, Accenting FDA ¢rant for winterization of warm storage facility
Mayor O'Reilly read Resolution 78-61 by title only. "A resolution of the Council
of the City of Kenai accepting an Economic Development Administration Public Works
Improvement Program Grant of $26,400 for winterization of the Airport warm
storage building."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-61, accepting EDA grant in the amount of $26,400 for winterization
of the Airport warm storage building.
Motion passed unanimously by roll call vote.
G-7: Resolution 78-62, 100% funded grant for two moving radar units
Mayor O'Reilly read Resolution 78-62 by title only. "A resolution of the Council
of the City of Kenai authorizing the City Manager to apply for a 100% funded
.� grant for two moving radar units."
Mayor O'Reilly opened the meeting to the public. There was no comment.
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i April 26, 1978, Page 12
I MOTION:
i Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 78-62, authorizing the City Manager to apply for a 100% funded grant
from the Alaska Traffic Safety Bureau for two moving radar units.
Motion passed unanimously by roll call vote.
G-8: Resolution 78-63, Allocatine funds for repair of transmission in grader
Mayor O'Reilly read Resolution 78-03 by title only. "A resolution of the Council
of the City of Kenai that monies allocated in the budget for shop repair and
Maintenance Supplies be used for the rebuilding of the transmission of the City
of Kenai's 1969 Gallion Grader."
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 78-63, allocating funds for repair of transmission in grader.
Councilman Aber stated that in his opinion this particular piece of equipment
should not be repaired as it is in very poor condition. Public Works Director
Keith Kornelis concurred that a new piece of equipment is direly needed as
transmissions are no longer made for the City's model of grader.
Motion passed by roll call vote with Councilmembers Malston and Ambarian i ,Q
voting no.
G-9: R_ esolution 78-64, Waiving penalty a interest on 1977 Sewer Assessment
Mayor O'Reilly read Resolution 78-64 by title only. "Be it resolved by the
Council of the City of Kenai that penalty and interest on the 1977 Sewer
Assessment on Lot 7, Block 5, General Aviation Apron be waived."
Mr. Wise advised that it was apparent the Finance Department did not send
a 1977 Sewer Assessment on Lot 7, Block 5, General Aviation Apron, and
recommended waiver of penalty and interest.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Malston moved, seconded by Councilman Whelan, for adoption of
Resolution 78-64, waiving penalty in the amount of $24.83 and delinquent interest
In the amount of $10.73, on Sewer Assessment for Lot 7, Block 5, GAA,
Motion passed unanimously by roll call vote.
.4 10: Resolution 78-65, transfer of funds, General Fund/Shop- $2, 000
Mayor O'Reilly read Resolution 78-65, that transfers be made within the 1977-78
General Fund Budget from: Shop Repair a Maintenance Supplies - ($2, 000)
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April 26, 1978 , Page 13
To: Shop Machinery A Equipment - $2, 000. to provide additional monies
required to purchase two floor jacks and it wheel balancing machine.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION
Councilman Malston moved, seconded by Councilwoman (flick, for adoption of
Resolution 78-65, transfer of funds in the amount of $2,000 to purchase two floor
jacks and a wheel balancing machine.
Motion passed unanimously by roll call vote.
G-11: Resolution 78-66, transfer of funds, Kenai Water Project 07-01-01684 - $2,515
Mayor O'Reilly read Resolution 78-88, transferring funds within the Capital
Project Fund entitled "Kenai Water Project 07-01-01684 from contingency - ($2,515)
to Construction - $2,515 for Change Order No. 13-IN approved by Council in
Resolution 77-126.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Aekerly moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-06, Kenai Water Project 07-01-01684, Change Order 13-IN in the
amount of $2,515.
Motion passed unanimously by roll call vote.
0-12: Resolution 78-67, transfer of funds, General Fund/Legislative - $320
Mayor O'Reilly read Resolution 78-67, transferring funds within the 1077-78
General Fund Budget from Legislative - professional services ($320)
to Legislative - Miscellaneous - $320 to provide funding for the 1978 Alaska
Municipal League Service Charge.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Ackerly moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-87, transferring funds in Legislative budget in the amount of $320
for funding of 1978 Alaska Municipal League Service charge.
Motion passed unanimously by roll call vote.
0-13: Resolution 78-68, transfer of funds, General Fund/Legal, Non -departmental, City M
Mayor O'Reilly read Resolution 78-88, transferring monies within the 1977-78
j General Fund Budget From: Non -departmental - Printing & Binding - ($585)
and City Clerk - Transportation - ($450) to: Legal - Communications - $475,
Non -departmental - utilities - $550 and City Manager - office supplies - $10.
The purpose of this resolution is to provide additional funding for telephone and
postage costs in Legal Department, additional utility costs for Ft. Kensy and
additional office supplies for City Manager Department.
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April 20, 1978,Pago 14
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Malston moved, seconded by Councilman Ackerly, for adoption of
Resolution 78-68, transferring funds in the amount of $1,035 to provide additional
funding in the Legal, Non-departmontal and City Manager budgets.
Motion passed unanimously by roll call vote.
0-14: Rnealution 79-69. transfer of funds. General Fund/Non-dopartmental - $3,000
Mayor O'Reilly read Resolution 78-69, transferring monies within the 1977-78 General
Fund Budget from: Non -departmental - Printing a Binding _ (f3,000) to: Non -
departmental - Special Assessments - $3,000 to provide additional funding for
annual installments on assessments levied against City owned property.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-09, transfer of funds in the amount of $3,000 for funding of annual
installments on assessments levied against City owned property.
Motion passed unanimously by roll call vote.
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0-15: Rene utie 78-78_ transfer of f nda. General Fund /L..glalativA. Leal - fl.$00
Mayor O'Reilly read Resolution 78-70, transferring funds within the 1977-78
Oeneral Fund Budget to Legislative - Printing a Binding - $1, 000 and Legal -
Printing a Binding - $500 to provide for additional printing and binding charges.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Malston moved, seconded by Councilman Ackerly, for adoption of
Resolution 78-70, transferring funds in the amount of $1, 500 to provide for printing
and copying charges.
Motion passed unanimously by roll call vote.
0-18; Resolution 78-71, accepting grant from State/Angineering of Water/Sewer lines
Mayor O'Reilly read Resolution 78-71 by title only. "A resolution of the Council
-- of the City of Kenai accepting a grant from the State of Alaska in the amount of
$150,000 for Engineering of Water a Sewer Lines."
! J Mayor O'Reilly opened the meeting to the public. There was no comment.
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April 26, 1978, Page 15
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, for adoption of
Resolution 78-71, accepting a grant from the State of Alaska in the amount of
$150,000 for engineering of Water a Sewer Lines.
Motion passed unanimously by roll call vote,
G-17: Pavmant for nrofassional nervinns - Harold annintt _ &lginapi+
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, for approval of
payment in the amount of $4,947.30, services for Kenai Water Tank project
and payment in the amount of $4,015.77 Kenai Water Project 07-01-01684 to
Harold H. Galliett, Jr., engineer.
Motion passed unanimously by roll call vote.
G-18: Pavmant to Dovle's Excavating
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MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, for approval of
payment in the amount of $47,500 to Doyle's Excavating a Construction Company
for one 1972 Drott Excavator 40 - Serial #23-13.
Motion passed unanimously by roll call vote.
I.
G-19: Resolution 78-72, Positional Statement relative to Pacific Alaska LNG
.I
Mayor O'Reilly read Resolution 78-72 by title only. "A resolution of the Council
of the City of Kenai submitting a positional statement in the matter pending before
l the Federal Energy Regulatory Commission of the United States of America of
Pacific Alaska LNG Company and Western LNG Terminal Associates."
k Mayor O'Reilly opened the meeting to the public. There was no comment,
C; MOTION:
it Councilman Whelan moved, seconded by Councilman Ambarian, for adoption of
Resolution 78-72, positional statement relative to Pacific Alaska LNG.
f
i Motion passed unanimously by roll call vote.
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H. REPORTS
H-k City Manager's Report
(a) Mr. Wise advised that his office had received approval of Airport Way reallignment
` J but have not received approval of the other projects relative to the reservoir and
water/sewer. .
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April 26, 1978, Page 16
^(b) City Manager Wise reported that the Legal T)epartinent is currently in the process
of filing a lien on the Lockheed Constellation so that the City can dispose of it.
(a) Mr. Wise requested authorization to receive quotes from surveyors and
appraisers on City owned lands (right-of-way) as the Youth Corps will clear
the firewood for the State parks. Council so concurred.
Mr. Wise also stated that the land in front of Alaska Mate Rank and the Renco
Building needs to be surveyed in order to determine the metes and bounds.
Council so concurred that Administration could seek quotes s in addition, requested
that Administration look into the cost for surveying of the entire strip.
(d) Pt. Kenay - gas range
Mr. Wise advised that the quotes for the replacement range came to $1,265 and
Administration would prepare proper funding resolutions for the next meeting of
Council.
(e) Mr. Wise advised that it would be necessary for the Council to select a project
coordinator/inspector as the projects were underway and were in dire need of
an inspector to be on the job immediately. Mr. Wise presented Council with a
break -down from the four firms submitting proposals. Finance Director Ross
Kinney advised that only one of the proposers had included a "not to exceed"
figure and the others were open-ended. Public Works Director Keith Kornelis
stated that he would recommend selection of one of the engineering firms in that
having the inspections done in-house would create a heavy burden on clerical
staffing, etc. Councilman Ambarian stated in reviewing the firms, they are all
qualified to do all the projects involved. As Project Managers is a firm submitting
a propsoal, Councilman Whelan requested that the City Attorney submit a report
as to the legal ramifications as Councilman Aber is associated with PMA . City
Attorney Schlereth read verbatim from Section 1-18(c) of the Kenai City Code in
which members of Council may not vote on any question in which they are pecuniarily
interested in directly or indirectly and if any member should desire to have business
dealings with the City whereby they derive income and benefits they shall be required
to file with the City Clerk a statement under oath which shall include the nature
of the proposed transaction and the extent of the interest, direct or indirect.
Councilman Ambarian stated that he felt that one engineering firm could handle all the
inspections required for all projects and it would, therefore, appear that PMA
was lowest in hourly rate and in addition they were a local firm.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, that the contract for
inspection of the 1977 Water/Sewer and Street Improvement and 3 million gallon storage
tank projects be awarded to Project Managers of Alaska per their proposal with a
"not to exceed figure" to be negotiated between Administration and PMA .
Motion passed unanimously by roll call vote with Councilman Aber abstaining because
of personal interest.
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April 26, 1978, Page 17
(f) Mr. Wise reported that a change order would be necessary for the storage tank project
as it is necessary to relocate interfering power cables and one pole. Mr. Wise
�? advised that the maximum cost for this would be $2, 500.
MOTION:
Councilman Ackorly moved, seconded by Councilman Aber, for approval to proceed
with relocation of interfering power cables and polo and to present Council with
proper Change Order documentation at the next regular meeting.
Motion passed unanimously by roll call vote.
(g) Mr. Wise also requested authorization to proceed with ordering of the replacement
stove for Pt. Kenay, Council voiced no objection.
(h) Budget Work Sessions - Council set the following times for the budget work sessions
and directed the City Clark to advertise some;
Monday, May lot - 5:30 p.m.
Friday, May Sth - 5:30 p.m.
H-2:
City Attorney's Report
No further report this evening
110�-&
Mayor's Report
No further report this evening
H-4s
City Clerk's Report
None
} H-S:
Finance Director's Report
Nonerr
H-6:
planning s Zoning Commission's Report
Now
H-7:
Borough Assembly's Report
None
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
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ADJOURNMENT
F�
There being no further business to be brought before Council, meeting adjourned
at 12:40 a.m.
R" p4mitteda
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CITY MW:08 REVORl' #8-78
(April 19, 1978)
1. Oath of Office to Phi ll_ tp Aber.
2, Public Hearin - Ordinance No. 395, Adopting the Updated
Uniform building God
The Director of Public Works will have data to respond to the
Council's questions asked at the introduction of this ordinance.
3. Public Hearing Ordinance No. 396, Declaring; 1952 Gt4C
ruc urn
4. Public Hearin - Ordinance No. 397 Relative to Council _
- ManaRer-Rciationship
5. Public Hearin - Renewal of Oilers and Eagles Beverage
spensary Licenses
PERSONS PRESENT SCHEDULED TO BE HEARD
6. Les Anderson, Representing Peninsula Ford
7. Vesta Leigh, Bear's Lair
Ms. Leigh will presumably be snaking a presentation relative to
amending her lease to offer rental cars,
S. Mr_ Call
�) Mr. Call will be discussing certain problems which he has on
WiIdwood Extended in Bush Lanes Subdivision relative to recent
construction for Mr. Quandt.
CORRESPONDENCE
9, Kenai Slow Pitch Softball Organization
Data on this item will be provided by the City Clerk.
OLD BUSINESS
10, Resolution No. 78-56, Release of the Bluff Airport Lands
'r We were not able to get the data to the Planning Commission.
Therefore, there is no response from the Planning Commission at this
i time, At the Planning Commission sheeting, they were briefed as to
the situation and will be provided with the information at their next
- planning meeting.
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11. Leave of City_- Opined Land— Cr.z l rr. ears and i1hi.1jirYtson
We have a proposal to avid to the Bryoon/Fr.eas lease for your
consideration,
12, Discussion - EVA Suit
The City Attorney will provide information in this regard,
13. Discussion - Boat Ramer and Adjacent Lands
Mr. Carlson has come into the office and withdrawn his conceptual
lease applications for both the boat ramp area and for those lands
adjacent to the Elks, Locko Building and Ryan Creek. Hopefully, at
this time we will have specific information from Mr, Roper as to the
actual land which he desires to purchase from the City.
NEW BUSINESS
14, Ordinance No, 398
This ordinance would increase estimated revenues to handle certain
anti -recessionary revenue sharing funds,
15. Ordinance No, 399
This ordinance is being introduced to authorize appropriation of
the receipt of the recent surplus property sale and provide for the
utilization of, those funds essentially to purchase vehicles for the
Public Works Department,
16. Resolution No, 61
This resolution would accept the EDA grant for winterization of
the warn storage building in the amount of $26,400,
17. Resolution No, 62
This resolution authorizes the City to apply for two moving radar
units, which would be fully funded by the State and Federal government,
18, Resolution No. 63
This resolution allocates funds in the budget for the repair of
the transmission of the Galion Grader, which apparently has "gone to
pot" and needs, in essence, approximately $6,000 worth of work to
rebuild it, This in not only a transfer authorization but also gives
the Council the power of veto over the repair,
19, Resolution No, 64
This resolution was prepared at the request of Ron's Rent -All in
that, apparently, we did not bill them for their sewer assessment in
1977 and in our 1978 bill we have asked for penalty and interest for
that non-payment in 1977, They have paid the current assessments to
date, but are protesting the penalty and interest in that they claim
we never billed them, We have no records to indicate that we did or
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did not. Therefore, we are obliged to recommend npprovnl of the waiver
of penalty and interest charges,
20. Resolution No. 65
This resolution providen for a transfer of funds within the Shop
repair and maintenance budget. I believe the resolution is self
explanatory.
21. ResolutioNo. 66
This resolution provides for a tranafer of funds to finally clean
up and close out the water, well project and this, presumably, will. be
the last item we will have on this, we will be closing; out this
project in the very near future,
22. Resolution No. 67
This resolution would transfer funds within the legislative budget
to pay the Alaska ?Municipal League charges,
23, Resolution No. 66
This resolution would transfer funds within the general fund as
stated.
24, Resolution No, 69
This resolution would transfer funds relative to printing and
binding to special assessments,
25, Resolution No. 70
This resolution would transfer funds for additional printing and
binding charges.
26, Resolution No. 71
This resolution would accept a contract with the State for
Coastal Energy Impact Funds for the water and sewer engineering, This
is in reference to $150,000,
27, Request for Payment - Harold Galliett
This is a request for payment for professional services on the
well project and the tank project.
28, Shiohira Lease
The Council authorized the preparation of a now lease for the
Shiohiras which would void the lease with Ferguson and consumate a
new lease with Yoshi and Ruth Shiohira for a 99 year term. In reviewing
this, we have determined that the original Ferguson lease was effective
in 1970 and was scheduled for five year renegotitation in 1975, which
teas not accomplished. The lease document signed by the Shiohiras is
based on that original 1970 lease rate, The City Attorney will notify
their attorney that there appears to be an adjustment warranted in the
lease rate and we would like to draw this to your attention and propose
that the leave rate be adjusted no as to preclude an unfair advantage
relative to the City,
29. State Contract - Water and Sewer. Rngincer.i.n,H,
You will note on the agenda that there is one contract with the
Stage for water and newer engineering money, A second contract was
received, However., thin in under n differtmtt funding And it would
oblige us to match the difference between the funds -we arcked for and
the funds that were granted in the amount of $70,000, I consider
this inappropriate and I was misled at-, the time of receipt, An soon
as the gentleman representing Community and Regional Affairs in back
in his office in Juneau, I will make contact and protest the award
and ask that the contract be changed so that there is no requirement,
for us to make any additional match except at the Council's choice,
30. Budget - FY 1978/79
The basic budget has been run, The numbers are large and we are
in the process of annotating the budget and will present it to the
Council either with the packet or at the Wednesday meeting for your
review, As I stated, I am showing only the departmental requests with
no recommendations as to adjustments, plus or minus, Each budget
request sheet has been annotated as to what the significant changes
- are and this data, of course, will be returned to the respective
department so that they are prepared to discuss it. You will also
find attached a revenue sheet showing the anticipated revenue for
the City at the current mill rate, You will also find a summary of
personnel costs for the last two years and this proposed year, showing
the number of people authorized in the last two years and re uested
for the proposed budget year, I would like to get from the gouncil
at the earliest possible oppportunity guidance as to where the priority
efforts of the City should be directed, This is particularly true in
reference as to where we should add personnel within the City and what
is the Council's desires as to an acceptable mill rate. Having this
data, we will than be able to refine the budget to a meaningful.
document,
31. Draft Letter to Deputy Commissioner O'Sullivan
The cover letter to Deputy Commissioner O'Sullivan has not been
sent in that I have been attempting to obtain the precise language of
the modifications as directed by Council. This will be added to your
packet for review on Wednesday,
32. Conference - Jail Contract
The conference was held in Juneau lout week, They requested that
we revise the budget somewhat in accordance with the di.scuasion we
had administratively with the Department of Public Safety Division of
Corrections and Chief Ross and myself., You will find attached in the
informational items in your packet, the original cover latter to
Commissioner Bierne and a copy of a teletype message to the Department
of Public Safety relative to budget adjustments, Please note that
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there is a problem in that to provide this space to aid a jail
detention type facility, the police departineut will need to have
the Department of Revenue relocated, The only possible area that
f I know of at this moment available for, the Department of Revenue
is in the Fire Department area and I request any alternate solutions
that the Council may be willing to provide.
33. Ordinance No. 400
This ordinance is relative to lease of airport lands, setting
policies and procedures, It will probably not be iri the packet
except for the cover, sheet. It is essentially the ordinance which
1 was distributed at the last Council meeting for, review. We need to
- make a determination an to where we are going to do engineering for
water and sewer and, of course, who we are going to have do the
actual engineering, In regard to the topographical study, I have
----- some basic information on which to draft a proposal and, again, as
soon as we receive the formal grant authorization we should be able
to move on this,
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