HomeMy WebLinkAbout1978-05-03 Council Minutes• , AGENDA
KENAI CITY COUNCIL, - RP,(3UI,AR M88TING
ItAY 3, 1078 - 7.00 P,M,
KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
B. HEARINGS
1. Ordinance 308-78, increasing estimated r@venuss a appropriations in tho
amount of $7,237 for Title It, Anti -recession Revenue Sharing Funds
2. Ordinance 399-79, increasing estimated revenues a appropriations by
f. Or in the General Fund
3Or- proceeds from auction of City surplus equipment
Ordinance 40170?8declaring surplus old Sewage Treatment Plant, two shallow
well buildings, and all related equipment and materials
4. "Kona! Sewerage Facilities Plan,,
C. PERSONS PRESENT SCHEDULED TO BE HEARD
1. Ron Malston - use by public of City owned facilities
2. Robert Britt - Assignment of Loss@
-- 3. Phil Bryson - Peninsuls Offers Msater Plan - Recreation Sit@ .
4. Scott Petersen - *sad In City water I
D. UINUTES
1. Mfnutss of the regular meeting of April 20, 1978
E. CORRESPONDENCE
1, Cook Inlet Coanefl on Alcoholism 1
2. Alaska Aeronautioat Industries, no. i
F. OLD BUSINESS
1. Ordinance 400.78, establishing policies o procedures - fan of City Airport lands
2. Resolution 78-50, requesting release by FAA of Certain Airport lands S. Amendment to lease - V@sis Leigh for ear rental space
4. Lease of City owned lands - Phil Bryson and Craig pros
5. Leas@ of lend adjacent to Bost ramp area - R. L. Roper d/b/a glaring Products ^
0, Doterminatbn of responsibility - privets property dantsged by contrsotor
0. NEW BUSINESS ( ;
1. Bills to be paid, bills to be ratified
2. Ordinance 402-78, Appropriating $5,000 from W81*08ewor ROvenue fund for
engineering ssrvfees relating to interim improvements to 8ew@r Treatment FsoWty
9, Ordinance 403-78, Ksnaf Advisory Planning and Zoning Commission
4. Ordinance 404-78. Increasing estimated revenues a AIPPrOPrisdons in tits
s amount of $4,430 for Title It, Anti -recession Revenue Sharing Funds
i 5. Resolution 79-13, transfer of funds (Pollee D
i foe replacement of portable radio that was stolen) - ff,000 to provide funding
f 6. Resolution 76-74, transfer of funds (Legal) $200 to provide psrtlal !loading
for depleted office supply fund
?. R@solatfoa 78-75, establishing deadline for submission of materisls to be
considered at regular Council meeting
8. Resolution 78-76, transfer of funds Wir* Reservoir Project 07-51-20074) - $2,500
R@solutfen 79-17, transfer of funds - $1,800 replacement of stave in Ft. Koetay
10. Statement 010 - TRA/Pars - Airport llast@r Plan Stud
11. Statements - CH2%1 HUI - (STP - f102.50 a $63.98). 07aOU Uas Pisa - f4,795.53 i
' $9.852.37)1 0/1 Study - f3.200 A $2,624,22) 1
12. Pat. Marwick' Mitchell a Co, - Council on Aging/Nutrition P l
13. Alaska Chrysler, Ino, - $10,018 for purchase of two police ease Audit' f2,000
-- 14. Less* of City owned Isnds - Thomas Aekerly/Pstdok O'Connell
10, Discussion - HUD Small Cities Grant
I6. Discussion - CHIP Weer/Sewer Grant - f150,000
17. Discussion - BOA - WdW i Road Projects surplus grant funds
18. Discussion - CEIP -Roads • f30,000
lie• Discussion - EVA - Airport Terminal Arctic Doors
20• Dfseusslon - gene@ of City owned Lands - Serendipity
21. ANW10 "ton - Contract with PROJect Managers of Alaska - Inspection of P:ti►jsoq
H. RPPMB
I. PERSONS PRESENT NOT SCHEDULED TO Be HEARD
J ADJOURMUsuT
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KENAI CITY COUNCIL - REGULAR MEETING
MAY 3, 1978 - 7: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Ron Malston, Vincent O'Reilly, Dan Whelan, Tom Ackerly, Edward Ambarian,
and Betty Glick
Absent: Phillip Aber
AGENDA APPROVAL
Council approved the addition of Scott Petersen, Sheffield House (Sand in water)
under item C-4, Persons Present Scheduled to be Heard
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, that if the business
of the Council is not completed by 12: 00 midnight, Council will recess until S p.m.
Thursday, May 4th.
Motion passed unanimously by roll call vote.
B. PUBLIC HEARINGS
B-is Ordinance 398-70, Anti -recession revenue sharing funds
Mayor O'Reilly read Ordinance 398-78 by title only. "An ordinance of the Council
of the City of Kenai increasing estimated revenues and appropriations in the amount
of $7,237 for Title II, Anti -recession Revenue Sharing Funds."
Mayor O'Reilly opened the hearing to the public. There was no comment.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of
Ordinance 398-78, increasing estimated revenues and appropriations in the
amount of $7,237, Anti -recession revenue sharing funds.
Motion passed unanimously by roil call vote.
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May'3, 1978 - Pago 2
B-2: Ordinance 399-78, increasing appropriations/revenues - $24,436
Mayor O'Reilly road 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 from proceeds of auction of City surplus equipment and materials."
Mayor O'Reilly opened the hearing to the public. There was no comment.
MOTION:
Councilman Aekorly moved, seconded by Councilman Whelan, for adoption of
Ordinance 399-78, increasing estimated appropriations and revenues by $24,436 in the
General Fund.
Motion passed unanimously by roll call vote.
f B-3: Ordinance 401-78, declaring certain City buildings 4 related equipment 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, two shallow well buildings
and related equipment and materials as surplus."
Mayor O'Reilly opened the hearing to the public. There was no comment.
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MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Ordinance 401-78, declaring the above named buildings and related equipment and
materials surplus.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Ron Malston - use by public of City owned facilities
Mr. Malston advised Council that a letter written by City Clerk Sue Peter to
Pamela Knode relative to use of the Public Safety Building by the Small Business
Administration waa submitted to him for consideration. Mr. Malston stated that he
took offense to the fact that the SBA was not allowed to use the facility as they were
advised by the City Clerk that the facility was no longer available for their use nor
any other City buildings available. Mr. Malston advised that the City Clerk explained
the reasons for this action in that the Fire Chief requested that the SBA be advised
that they could no longer use the facility as it was causing considerable difficulties
in that the representatives would not show up for appointments, the switchboard was
being plagued with telephone tails and in addition, the Fire chief advised that during
the last rating by ISO points were assessa4 against the City for multi use of the Fire
Station. Mr. Malston stated that he felt the City facilities should be available to Federal
and State agencies when they were in the area to assist the citizenry. Councilman
Ambarian reminded Council that the City still maintained control of the old library building
and suggested that this facility be considered so that use of the Public Safety Building
would not interfere with the Public Safety personnel. Councilman Whelan stated that he
would agree, however, he felt the public should be accommodated
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May "3, 1078 - Page 3
MOTION:
Councilman Malston moved, seconded by Councilman Whelan, that the City accommodate
any governmental agency that is requiring a facility to assist the taxpayers of the greater
Kenai area and further that the City personnel aid them in finding a faeilityin which to meet &
if denial of any request is being considered, that the matter be presented to Council for
consideration.
Motion passed unanimously by roll call vote.
Councilman Ambarian suggested that in the future, use of Ft. Kenay, the Old Library
Building or the conference room in the new Library be considered.
C-Z: Robert Britt - Assignment of Lease
Mr. Britt advised Council he intended to sell the Soapy Beaver Car Wash and assign
the lease of the land during the transaction. Mr. Britt reported that the use of the
leased area would be amended somewhat and the parties had taken the matter to the
Planning Commission for approval -- which was extended at the last meeting of the
Commission. Mr. Britt requested approval of assignment of lease and also for amend-
ment to the existing lease to show the addition of a sales office and new and used car
sales lot as well as the car wash.
Councilman Whelan inquired if the City Attorney had reviewed the matter and was advised
that he had not. Mr. Wise reported that Administration would be preparing an amendment
to the lease as well as an assignment for presentation to Council.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for approval of assignment
of lease from Robert Britt dba Soapy Beaver Car Wash and to amend such lease to reflect
use of the facilities to include a sales office building and new and used car sales lot in
addition to the car wash.
Motion passed unanimously by roil call vote.
C-3: Phil Bryson - Peninsula Oilers Master Plan - Recreation Site
Mr. Bryson advised that the proposed master plan was still in the preliminary stages
and will be presented to the Planning Commission at their next regular meeting for
review and a public hearing held for input. Councilman Ambarian reminded Council
that in former public hearings there was much opposition to access from Linwood Lane
because of the increased traffic, etc. Mr. Wise stated that he felt the football fields
should be developed as soon as possible and also suggested that because of the scope
of the project, the City would need a systematic (phase) plan for development.
Councilman Ackerly advised that there has been a great deal of interest in donating
volunteer labor for the development of the proposed facility. Mr. Wise also stated that
there may be approximately $10,000 in bond monies available. Councilwoman thick
commented that in order to alleviate traffic congestion, access to the facility will have
.J to be opened. Mayor O'Reilly agreed and stated that perhaps the property owners will
have to accept the reality of access to the park facility. Councilman Ackerly stated he
would like to see the public hearing set as soon as possible. Mayor O'Reilly advised
that the proper procedure is that the matter will go before the Planning Commission
and upon their recommendation could be presented to the Council in June.
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C-4: Scott Petersen - Sand in City water
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0*) Mr. Peterson advised Council that he to in chargo of maintenance at the Sheffield House
and on several occasions there is so much sand in the water that it is causing a great deal
of plumbing problems and excessive problems to their boiler equipment which is becoming
quite costly. Mr. Petersen advised that in the past a method of clearing the situation was
that the City would flush the hydrants. Public: Works Director Keith Kornelis stated
that his department did not have an answer to the problem at this time.City Manager Wise
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reported that the situation appeared to be a series of problems in that Well #1 caused a
great deal of build-up, sediment, etc, and the pressure from Well #2 stirred up the build-up
and caused it to break -away. Mr. Wise stated that the City would flush the hydrants
five days a week to give the Sheffield House some relief. Mr. Petersen stated that the
City has been on Well #2 for at least two weeks and the problem with the sand had just been
increasing within the past couple of days. After considerable Council discussion,
Administration was directed to submit a report to Council by Monday relative to this problem.
Councilman Whelan stated that in the event the flushing of hydrants is not effective to
alleviate some of the problem, the City should investigate the possibility that the well is
defective.
D. MINUTES f
D-1: Minutes of the regular meetina of April 28 1978. - ~
City Clerk Sue Peter advised that the minutes had been amended to include (on page 8)
the following: Finance Director Ross Kinney advised Council that in acceptance of the
Consent Decree as written, the Council would be obligating the City to providing
matching funds in the amount of 12.6% or approximately $454,000 for the construction of ;
a new facility.
Minutes stood approved as amended.
E. CORRESPONDENCE
E-1: Cook Inlet Council on Alcoholism
Mayor O'Reilly acknowledged receipt of correspondence from the Cook Inlet Council i
on Alcoholism in which they requested a contribution of approximately $3,000 from the
City. Councilman Ambarian suggested that the request be forwarded onto the Borough
and submitted for their consideration by the Council's representative to the Assembly.
Council so concurred.
E-2: Alaska Aeronautical Industries, Inc.
Mayor O'Reilly read correspondence received from Rachel Gibson, Station Manager for
AAI , who requested Council authority to proceed with repair of the two large over-
head freight doors. Mrs. Gibson advised that the doors are not operating at this time
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which jeopardizes their security system at night as well as preventing access to the
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incoming planes.
iMay.3, 1978 - Page 5
Mr. Wise reported that the Council was polled on an earlier occasion and the request
failed by those members polled. Mr. Wise also advised that the Terminal budget did
not have the funds available and the cost would be approximately $3,000. Councilman
Malston stated that as a lessee of the Airport and of City facilities, the City should
provide maintenance on equipment, etc, that is not operable. Councilman Whelan stated
the City is most likely in violation of the lease agreement -- this comment was confirmed
by the City Attorney.
MOTION:
Councilman Malston moved, seconded by Councilman Whelan, that the Council authorize
the required repair of the overhead doors in the Airport Terminal Building which will
constitute a deficit spending of funds in the Airport Terminal Fund until such time this
fund has been assessed as to new revenues received.
Motion passed unanimously by roll call vote.
Councilman Ambarian requested that the High School be contacted to repaint the
repaired doors to coincide with the mural on the face of the building.
E-3: Petition from residents in Woodland
Mayor O'Reilly acknowledged receipt of a petition from residents in the Woodland
Subdivision requesting that the City post and enforce the speed limit in Woodland.
PUBLIC HEARING
B-4: "Kenai Sewerage Facilities Plan"
Mayor O'Reilly introduced Mr. Loren Lehman with C112M Hill who supervised the
Sewer Plant Study. Mr. Lehman explained that the purpose of the study was to fulfil
the requirements of the law and secondly, to get input from the public. Mr. Lehman
further stated that his firm had had a great deal of input from the City staff and Council
over the past year relative to the study. Mr. Lehman explained that the study started
two years ago when the plant was discharging effluent which was not acceptable. The
study was a three stage process -- the purpose of the facility plan was to come up with
a cost effective solution and also must be environmentally sound. Planning area did
include all of the City of Kenai and area known as Wildwood . Scope of the study included
infiltration/inflow analysis - flow particularly high during break-up times and the results
indicated good reason to believe there were inflow places close to the Facility. A grant
received by the City allowed for smoke testing to determine storm connections or
illegal hookups and ten sources were located as a result of the testing. Final step in
Facility Plan was interceptors sewers and upgrading the Sewage Treatment Plant.
Design forecast show population projections for 1990 for an anticipated 13,500 and for
the year 2000, 19,000 -- Mr. Lehman also submitted figures on average flow and peak
flow for those years and collection alternatives and which areas would be overloaded.
Mr. Lehman advised of the following: treatment alternatives -- what are implications
If the City does nothing -- would continue to be in a state of violation of diilcharge
permit on occasion. Mr. Lehman reported on the following items for STP upgrading:
1) aeration basins (minor modifications) - tank in which the waste water flows into
where the air is added, 2) clarifiers - most serious drawback at plant and new clarifiers
will be necessary, 3) aerobic digester, 4) sludge dewatering and septic dump or
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May, 1078 - Page 0
area whore septic tank pumpers can pump, 11,valuation of alternatives: economic --
how much does it cost?, onginooring -- what is required?, environmental -- what are
effects on environment?, etc. Mr. Lehaman advised that some of the environmental
assessments of the proposed modifieationo could possibly moan a reduction of
potential health hazard, interceptor construction with road ROW and STP improvements
at existing site. Mr. Lohman submitted a recommended plan for 1070 which would
include upgrading the Hower Treatment Plant, interceptors (Central Kenai Bypass
with a tentative financial program with a local share (representing 1/8th of total)
of $454, 000 and a total annual cost of $288, 000 (local share), Estimated user charges
would be residential - $13/month and commercial - $1,30/1,000 gal, Mr. Lohman did
state that the City is only #17 on the list for grant funds. Mr. Lohman opened the hearing
to Council and the public for questions and comments.
Councilman Ambarian inquired if the $13/month user charge would be for the improvements
only and was advised by Mr. Lohman that it includes improvements and existing charges.
City Manager Wise inquired if the upgrading of STP and initial interceptors construction
would be oilgible for EDA and DEC aid and was advised that it would.
City Manager Wise also inquired of Mr. Lohman if based on the now would wo be eligible
for waiver of primary treatment? ' Mr. Lohman stated that it would be adequate to
protect the environment and meet the needs of the City, however, EPA does not
always zoo it that way and have indicated that Kenai would not be considered for a
waiver for primary treatment, Mayor O'Reilly stated that he understood that Anchorage
would be receiving a waiver and suggostod that City challenge EPA on this particular
issue. Mr. Lehman stated that Anchorage has not yet received the waiver, however,
they feel assured that it will be forthcoming and it may be worth the City's effort
in corresponding with EPA on the subject.
Mr. Lehman advised that the public and Council now had thirty days from the public
hearing in which to comment in writing on the plan -- then the plan may be finalized
and formallyadopted, Mr. Lohman further stated that perhaps it would also be
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justified during this period to contact EPA relative to the issue of primary treatment,
Public Works Director Keith Kornelis advised Council that he had discussions with EPA
on the primary treatment situation and they advised that Anchorage would be considered
for a waiver as they had several things Kenai does not have such as outfall into the
�uInlet and riot near a river, eto.
Council directed Administration to look into the matter further,
P . OLD BUSINESS
P-1: Ordinance 400-78, establishing policies a procedures - lease of Airport lands
MOTION:
�i Councilman Ambarian moved, seconded by Councilman Whelan, to bring the matter
of Ordinance 400-78 back to the Council table for consideration.
Motion passed unanimously by roil call vote,
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n May 3, 1978 - Page 7 i
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for introduction of
Ordinanoo 400-78, establishing policies & procedures for lease of Airport lands.
Councilman Ackerly stated he would like to see an option included wherein the lessee
had the choice as to how they would like to make the payments -- monthly, quarterly,
or annually. Councilman Ambarian also requested that the ordinance be amended
to include under 21.05.020(c) the term "Agent" includes Brokers and Real Estate
Agents; 21.05.060 (1) realtors shall be entitled to a fee at the time of first payment
is made under such lease and also Councilman Ambarian questioned (21.05.080)
the Council putting a "cap" on this type of lease even though the requirements are
such by financial institutions, however, the Council does have an obligation to the tax
payers of the City. Mayor O'Reilly stated that he too felt there was a need for some type
of amendment to this particular section and presented his suggestion which offered an
alternative to the lessee of either a percentage increase at five year intervals or
a percentage of the gross receipts collected by the lessee from their operation on the
leased property.
Councilman Ackerly stated he would not agree with the concept of the additional book-
keeping involved in collecting gross receipts plus it is not the City's business to
audit private business. Councilman Ambarian also commented on the fact that the
present Council cannot obligate future Councils in any way. After considerable
Council discussions relative to the legality of placing a cap a other methods of
establishing a fair and equitable renegotiation rate, the following action was taken.
Mayor O'Reilly requested that Vice Mayor Whelan assume the chair.
MOTION:
Mayor O'Reilly moved, seconded by Councilwoman Glick, to include the amendment
as drafted and presented to Council, 121.050. 080 from item #2 forward and deleting
the reference to 30%.
City Attorney Schlereth advised that the amendment is allowing either normal
leasing procedures or the alternative of #1 or #2 in the amendment. In order to
protect the City, City Attorney Schlereth pointed out that #3 will assist in the
possibility of a shortfall by the City appropriating a percent of revenue from the assessed
value of improvements to Airport lands. Councilman Ambarian again questioned the
legality of the Council setting a mill rate. Finance Director Kinney advised Council
that he had done some research in the matter and picked leases to use as subjects
that the City had had for some time. Mr. Kinney stated that the examples will show
renegotiation at the end of five yrs. which doubles the rate. Therefore, if a "cap"
is placed on the rate it will show that in all cases the contribution from the General
Fund increases and in some cases is in excess of what the lessee is paying.
QUESTION:
Failed by tie vote.
O'Reilly and Glick.
Voting no; Whelan, Ackerly and Ambarian. Voting yes; Malson,
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May. 3, 1978, Page 8
MOTION:
Councilwoman Glick moved, seconded by Mayor O'Reilly, to table Ordinance 400-78
as several areas within the ordinance need to be clarified.
Motion to table failed. Voting no; Malston, O'Reilly, Whelan and Ackerly. Voting yes;
Ambarian and Glick.
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, to amend Ordinance 400-78
121.05.080(2) by changing the rate under limitations from 30% to 50% with a 10%
increase per year.
Councilman Whelan stated that he felt a 50% "cap" is a fair combination as the City must
encourage investment in the City and will derive much benefit through taxes, eta.
QUESTION;
Passed unanimously by roll call vote.
Council requested Administration present a recommendation at the next regular meeting
relative to the mill rate provision and research the question as to whether or not a
percentage figure might not be more legally acceptable.
QUESTION - MAIN, AS AMENDED
Motion passed unanimously by roll call vote.
F-2: Resolution 78-56, requesting release by FAA of certain Airport lands
Mr. Wise advised that after consideration by the Planning Commission, it was their
request that the City obtain the services of a design firm to prepare a development
plan. Mr. Wise stated he felt their request should be denied as this was not the intent
of the requirement by the FAA.
Councilman Ambarian stated that what the Council to looking for from the Planning
Commission is to give some guidelines as to how they want to see the area developed
and requested that the matter be taken back to the Planning Commission with perhaps
a more detailed explanation as to what the Council to requesting.
Mr. Wise also requested Council approval for obtaining the services of Frykholm a
Associates to provide an appraisal.
MOTION:
Councilman Ambarian, seconded by Councilman Malston, that the City obtain the
services of Frykholm a Associates for appraisal of the area in question.
Motion passed unanimously by roll call vote.
C)F-3: Amendment to lease - Vesta Leigh for car rental space
MOTION.
Councilman Ackerly moved, seconded by Councilman Ambarian, for approval of
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M4y,3, 1978, Page 8
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amendment of lease, Vesta Leigh d/b/a Hear's Lair, to include under purpose the
operation of a lord Rent-A-Car agency and by amending page one, paragraph (c)
to read that "such total shall ba exciusivo of sales tax and the percentage of receipts
obtained by the Lessen from its operation of the Ford Rent-A-Car Agency."
MOTION - AMENDMUNT
Councilman Ambarian moved, seconded by Councilman Whelan, to amend the
motion to include under page 2, paragraph 0, the following: Ford Rent-A-Car
shall have the right to use parking space as designated by the Airport Manager for
not more than ton (10) vehicles.
Motion passed unanimously by roll call veto.
MAIN, AS AMENDED
Passed unanimously by roll call veto.
Councilman Malston also inquired if the City Attorney would review the Bear's Lair
lease for possible amendment to allow other newspapers to be sold in the Terminal
in an area outside of the Bear's hair lease space,
P-4s Lease of City owned lands - Phil Bryson and Craig Press
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As there was much difficulty involved in the proposed lease by Mr, Bryson and
Mr. Press they requested that their lease application be amended to request lease
of Lot 4, dock 2, Pidalgo .
MOTION:
Councilman Ambrian moved, seconded by Councilman Whelan, to approve concept
of lease of Lot 4, Block 2, Pidalgo by Phil Bryson and Craig Proas and that the
matter be presented to the Planning Commission for their review,
Motion passed unanimously by roll call vote,
f-tf: Lease of land adlaeont to boat ramp area - R . L . Ropor
Mr. Wise advised that it would be necessary to have the area appraised,
MOTION:
Councilman Aokerly moved, seconded by Councilman Ambarian, for authorization
for Administration to proceed with the appraisal of the area in question.
Motion passed unanimously by roll call vote,
F-8: Determination of responsibility - private property damaged by contractor
Public Works Director Keith Kornelis met with the contractor (KIM(1-0) and they
have agreed to bring in the necessary equipment and scrape off the sand and
make repairs to the damaged mail box for Mr. and Mrs, Call. The Public Works
Director also contacted the Calls and they are agreeable with the arrangement.
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May. 3, 1078, Pago 10
G. NEW BUSINESS
0-1: Hills to bo paid - bills to be ratified
MOTION:
Councilman Whelan moved, s000nded by Councilman Ackorly, for approval of bills
to be paid and items for ratification,
Motion passed unanimously by roll call vote.
0-2: Ordinance 402-78, Interim Improvements to Sower Treatment Facility
Mayor O'Reilly read Ordinance 402-78 by title only. "Appropriating $8,000 from
Water a Sewer Revenue Fund, reserve for future plant expansion for engineering
services, rolating to interim improvements to the Sewer Treatment Plant Facility."
MOTION
Councilman Aokorly moved, seconded by Councilman Whelan, for introduction of
Ordinanco 402-78, appropriating $5, 000 from W/S revenue fund for interim improvements
' to the Bower Treatment Plant facility.
Motion passed unanimously by roil call veto,
0-3: Ordinance 403-788 anal Advisory Planning and Zoning Commission
Mayor O'Reilly read Ordinance 403-79 by title only, "repealing Article 1, Planning
Commission, and reenacting and renumbering in its entirety Chapter S, Advisory
Planning and Zoning Commission, Title XIV of the Code of the City of Kenai."
MOTION,,
Councilman Ambarian moved, seconded by Councilwoman (flick, for introduction of
Ordinance 403-78, Kenai Advisory Planning a Zoning Commission,
Motion passed unanimously by roll call vote,
0-4: Ordinance 404-78, Title It, Anti-reoession Revenue Sharing Funds
Mayor O'Reilly read Ordinance 404-78 by title only. "Increasing estimated revenues
and appropriations in the amount of $4,430 for Title 11, Anti -recession Revenue Sharing
Funds."
MOTIONs
Councilman Malston moved, seconded by Councilman Ambarlan, for introduction of
Ordinance 404-78, Anti -recession funds in the amount of $4,430,
Motion passed unanimously by roll call vote,
o0-3s Resolution 78-73, transfer of funds - Police Department
Mayor O'Reilly read Resolution 78-73 - transfer funds within the 1977-78 General Fund
Rudgct from Police/Operating Supplies - ($1,000) to Police/':lachinery g Equipment - $1,000
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May. 3, 1078, Page 11
for the purpose of providing partial funding for the replacement of a portable radio
that was stolen."
MOTION:
Councilman Whelan moved, seconded by Councilwoman (Mick, for adoption of
Revolution 78-73, transferring of funds in the amount of $1,000 - Police Department
Budget.
Mayor O'Reilly opened the meeting to the public. There was no comment.
QUESTION:
Motion passed unanimously by roll call vote.
G-6: Resolution 78-74, transfer of funds - Legal Department
Mayor O'Reilly read Resolution 78-74 - transfer of funds within the 1977-78 General
Fund Budget from Legal/transportation - 0200) to Legal/Office Supplies - $200
for the purpose of providing partial funding for the depleted office supply fund.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Revolution 78-74, transfer of funds in the amount of $200 within the Legal Department
Budget.
Motion passed unanimously by roll call vote.
0-7: Resolution 78-78, establishing deadline for submission of packet materials
Mayor O'Reilly read Rosolution78-75 by title only. "establishing a deadline for the
submission to the Council at regular Council meetings of materials to be considered
at the meeting."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Whelan moved, seconded by Coueilwoman Glick, for adoption of
Revolution 78-78, establishing deadline for submission of packet materials to the
Council on Fridays preceding the Council meetings.
Motion passed unanimously by roll call vote.
0-8: Resolution 78-76, transfer of funds - Fire Reservoir Project 07-51-20074
Mayor O'Reilly read Resolution 78-76 by title only, "be it resolved that the following
transfer of monies be made within the Capital Project Fund entitled "Fire Reservoir
Project 07-51-20074" in the amt.- of $2, $00 as established by Ordinance 360-77."
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Mayor O'Reilly opened the meeting to the public. Thero was no comment.
City Manager Wise advised the purpose of this resolution was to transfer funds
to allow for re -location of an FAA power cable.
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, for adoption of
Resolution 78-76, transfer of funds within Fire Reservoir Project 07-51-20074 in
the amount of $2, 500.
Motion passed unanimously by roll call vote.
0-9: Resolution 78-77, transfer of funds - replacement of stove in Ft. Konay
Mayor O'Reilly read Resolution 78-77 - transfer of monios within the 1977-78 General
Fund in the amount of $1,800 from Finanoo/Profossional Services to Nan -departmental/
Machinery a Equipment for the purpose of funding a replacement stove in Ft. Konay."
Mayor O'Reilly opened the meeting to tho public. There was no comment.
i MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, for adoption of
Resolution 78-77, transfer of funds in the amount of $1,800 for a new stove for
Ft. Kenay.
Motion passed unanimously by roll tail vote.
0-10: Statement #10 - TRA/Parr- Airport Master Plan Study
MOTION:
Councilwoman Glick moved, seconded by Councilman Whelan, for approval of
payment in the amount of $8,535.88 to TRA/Farr for Kenai Airport Master Plan Study
Motion passed unanimously by roll call vote.
G il: Statements - C112M Hill
MOTION:
Councilman Ackerly moved, seconded by Councilwoman Glick, for approval of paymern
to CH2M Hill for the following: STP - $162,50 and 03.98; Facilities Plan - $4,795.53
and $9,853.37; I/I Study - $3,200 and $2,624,22.
Motion passed unanimously by roll call vote.
- 0-12: Peat, Marwick, Mitchell a Co. - statement for services rendered.
= ; MOTION:
Councilman Malston moved, seconde.Q by Councilman Ambarian, for approval of
- { payment in the amount of $2, 000 -progress billing on 1976-77 Council on Aging
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Program and 1977 Nutrition program and progress billing on Public Library Construction
Grant Project No. 70-1.
Motion passed unanimously by roll call vote.
0-13: Alaska Chrysler, Inc. - purchase of two police cars
City Manager Wise reported that there were some problems in final acceptance of
one of the police cars by the shop foreman and police chief and recommended approval
of payment contingent upon settling of the matter.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
payment in the amount to $10, 918 to Alaska Chrysler contingent upon acceptance
of the one police car by the police chief and the shop foreman.
Motion passed unanimously by roll call vote.
G-14: Lease of City owned lands - Ackerly/O'Connell
Mr. Wise advised that the lease form document had not yet boon signed and would
therefore request the matter be tabled.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, to table the lease of
City owned lands - Aekerly/O'Connell until such time the lease has been signed
and submitted to the City Council for review.
Motion passed unanimously by roll call vote with Councilman Ackerly abstaining.
G-16: Discussion -HUD Small Cities Grant
Mr. Wise reported that the City had received correspondence relative to the matter
and recommended that the City not pursue the situation any further as it appears not
to be a viable program at this time.
Council so concurred.
G-18: Discussion - CEIP Water/Sewer Grant - f160, 000
Mr. Wise advised Council that it was pertinent to determine what projects would be
considered in order to proceed with securing engineers, etc.
Council committee, consisting of Councilmembers Ambarian, Glick and Malston
were asked to review the matter and report back to Council.
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• May-3, 1976, Page 14
0-17: Discussion - RDA - Water and Road Projects surplus 1trant funds
Council committee will also review this matter at the same time they discuss
the CHIP grant.
G-18-. Discussion - CHIP - Roads - $30,000
Mr. Wise advised that the City will receive $30,000 toward road planning and also
reported that some of those funds could be used for the TOPO study.
G-19; Discussion - EDA - Airport Terminal Arctic Doors
Mr. Wise advised that EDA contacted the City to Inform us that additional funds were
now available and EDA has approved 80% funding which would then obligate the City
o to some $12, 000. Mr. Wise asked for Council guidance.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval to
commit the City to $12,000 for funding of the Arctic Doors Project for the Airport
Terminal.
Finance Director Kinney advised Council that it was not time to act priorities as
the fund balance in the Terminal Budget was not ample and it will take research
to secure the proper funding.
QUESTION:
Motion passed unanimously by roll call vote.
0-20.- Discussion - Lease of City owned lands - Serendipity
Mr. Wise advised that the leave by Serendipity had been received and the City staff
is just beginning to review the document. Mr. Wise reported that there were some
significant deviations from the standard lease form and would recommend a work session
of the Council to review the lease.
0-21: Ratification - contract with PKA - Inspection of City projects
MOTION:
Councilman Ambarian moved, amended by Councilwoman Glick, that Project Managers
be contacted and requested to resubmit their proposal and to redefine the construction
schedule, actual costs for surveying, soil testing, concrete testing and radiographic
examination, etc. and to submit this Information to the City no later than Monday,
May Oth and if not the City will proceed with obtaining the services of another firm.
Motion passed unanimously by roll call vote.
K. REPORTS
11-b City Manager's Report
(a) Mr. Wise reported that he had received a call from FAA indicating that they will be
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May 3, 197,8, Page 1S
,.1 able to fund the resurfacing of the runway and purchase of snow removal equipment
for the Airport and Administration would request from Council Committee to make
a recommendation to proceed with onginoer estimates, etc. for the project.
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MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, that as the committee
had reviewed the applications of several engineering firms months previous and upon
consultation by the Committee, to recommend C112M Hill for the project,
Motion passed unanimously by roil call vote.
(a) BLM - Mr. Wise reported that representatives from BLM had contacted City Hall
and would like to bring a plane in for fire fighting service and would like to have the
plane parked on the Airport. Mr. Wise recommended that the plane be based to the
north of the Terminal on the ramp until September lot. Mr. Wise also reported that
BLM would like to enter into a long term lease with the City for a permanent facility
and would present their plan to the Planning Commission. Council so concurred.
(d) Foreclosed properties ordinance - Councilman Whelan requested that the ordinance
be presented to Council at their next regular meeting to proceed with the request
of Mr. Bryson and Mr. Freas to purchase the property from the City.
H-2: City Attorney's Report
Mr. Schlereth advised that the City had filed a Summary Judgement against Kenai
Baptist Temple and their attorney was going to respond, However, their attorney
did request that the Council be asked to consider a settlement in the matter and
consider the entire situation a "wash out". K1'1T will drop their appeal if we will
drop our action. Council requested that the City Attorney prepare a counter offer
for their consideration at the next regular meeting.
(b) Councilwoman Glick inquired as to the legality of such enterprises as Mandos Tacos
and the Plying Burrito, etc. and if they complied with State laws (health standards
and so forth) and if they pay City sales taxes, etc. Councilman Ambarian requested
that the City Atty. draft up an ordinance relative to this subject for presentation
at the next meeting.
Councilwoman Glick also stated that in discussions with the TOPO study it is some-
what apparent that the City's specifications and available funds will not be able
to be met by proposers -- Councilwoman Glick inquired If the City Manager would be
acceptable to proposals from individuals for work they felt could be done within the confines
of the specs and munies available? Mr. Wise stated that the matter would have to be
reviewed and perhaps U the specs are too restrictive, they will be re -prepared
H-3: Mayor's Report
Mayor O'Reilly advised that the ALPETCO matter would come before the House for another
vote on Tuesday and would urge anyone from Council to attend that could possibly
travel to Juneau.
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May 8,1070, Pago la
Mayor O'Reilly reported that he and Councilman Whelan had traveled to Anchorage
to moat with representatives from Pacific Alaska LNG and Pacific Alaska would like
to discuss the impact of their project and what they could offer the City.
Jail F:eility - Mayor O'Reilly reported that he had received a copy of a night letter
James Fisher aunt out and stated that were some variations to the figures that the City
was submitting and what Mr. Fisher mentioned -- the City Manager will moot with
Mr. Fisher and advise him of the City's financial situation relative to the Jail Facility.
ALPETCO - Mayor O'Reilly also suggested that the Council might wish to support
the ALPETCO project collectively -- Council so concurred that the necessary telegrams
be sent to our Legislative delegation/ Junoau roquosting an affirmative vote.
Planning Commission - Mayor O'Roilly advised that Dwain Gibson had been reappointed
to the Kenai Advisory Planning s Zoning Commssion - Council so concurred.
H-4s City Clerk's Report
Clerk Suo Peter advised Council that there would be a dinner meeting of the Council
and the Recreation Committee Monday, May lath, at S: 30 p.m, in the Sheffield House.
Clerk Sue Peter also advised the Public Vehicle Commission would hold a public
hearing at 7s 00 p.m, Tuesday, May 9th on an application for a taxicab permit.
As two commissioners would be out of the City, the Clerk requested members of
Council to assist - Councilmomburs Ackorly, Ambarian and Malston were selected.
H-iis Finance Director's Report
None
H-6s Planning st Zoning Commission's Report
None
H-7: Kenai Peninsula Borough Assembly Report
None
1, PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
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MAYOR & COUNCIL - QUESTIONS AND COMMENTS
Councilman Atabarian moved, seconded by Councilman Whelan, that the Counail
adjourn to a private meeting place for purposes of an executive session for the reason
of reviewing the salarics of the City Clerk , City Attorney, City Manager and Finance
Motion passed unanimously by roll call veto.
RECONVENE
Councilman Ambarian moved, seconded by Councilwoman Glick, that the following
salaries be sot for the 1078-70 budget year:
City Manager - $40,000
City Attorney - $34,500
city Clark - $21 Boo
Mw&a passed unanimously by roll call veto,
ADJOURNMENT
There being no further business to be brought before the Council, the meeting
adjourned at 12:45 a.m.
Respectfully submitted,
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SU94. Peter, City Clerk
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CITY MANAGER'S REPORT #9-78
(May 3, 1978)
1. Ordinance No. 398-78
This ordinance is scheduled for public hearing and would
increase revenues in the anti -recessionary revenue sharing funds.
2. Ordinance No. 399-78
This ordinance is scheduled for public hearing and would
increase estimated revenues and appropriate funds for the
purchase of four pickups. We will investigate the possibility of
utility bodies for the two heavier pickups.
3. Ordinance No. 401-78
This ordinance is also scheduled for public hearing and will
declare the old sewage treatment plant and the two shallow well
buildings and related equipment as surplus.
4. CH2M Hill - Stec I Sewer Facilities Plan
(This public hearing has been formally advertised for 8:00.
It may be necessary to delay this hearing until 8:00 to meet the
advertisement requirements.
PERSONS PRESENT SCHEDULED TO BE HEARD
5. Phil Bryson, Regresentins Kenai Peninsula Oilers
Mr. Bryson will present to the Council a master plan for the
development of the 30 acres adjacent to the Oilers ballpark.
6. Bob Britt
Mr. Britt will be asking for approval of an assignment of lease
of the carwash and an amendment to the lease permitting used car
sales to be accomplished on that particular tract.
OLD BUSINESS
7. Resolution No. 78-56
This resolution concerns the request for FAA to release the bluff
operty. We do not have an approved development plan from the
Planning Commission and this item will be rescheduled for their next
meeting. However, in the meantime, I would request approval to
retain Frykholm and Associates to do the appraisal on the overall
property so that we will have that data available once we complete the
development plan.
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8. Lease of City -owned Lands: Phil Bryson and Craiz Freas
The understanding I have is that they will withdraw their
request for this particular lease and resubmit a new lease request
for a different parcel within that same area, which will not be
involved in the immediate requirements for water and sewer,
9. Ordinance No. 400-78
This ordinance is the leasing policy for airport lands and
was tabled at the last meeting.
10. Sale of Foreclosed Land: Phil Bryson and Craig Freas
The Council requested that Administration review the value of
the property and our liens against the property. The value of
the property, being foreclosed land, with a somewhat clouded title,
has been reviewed and the Administration holds that the value set
forth in the original authorization for sale is appropriate. There
is no further identified possible municipal use of the land.
Therefore, the declaration as surplus by the Planning Commission
and the Council which occured some time ago is still appropriate.
The lands were foreclosed upon by the City. Due to the interest that
continually accrues on the property, we will not recover our
assessments and penalty and interest; however, there seems little
or no possibility that we would ever recover this amount regardless
of what we were to revalue the property at. Therefore, it is our
recommendation that it is best to cut our losses and permit this
sale to be consumated as is possible.
11, Contract for. Peninsula Ford
The contract for Peninsula Ford is being reviewed and being
compared with other contracts and you will have more definitive
comments on this at the time of the public meeting.
12. Ordinance No. 402-78
This ordinance is up for introduction and would appropriate the
$5,000 which the Council has previously agreed upon to fund preparation
of the plans, specifications and advertisements for bid for the
Interim modifications of the sewer treatment plant, We have received
word from the State that they will approve and are processing
approval of a $30,000+ grant to match the City share of the modifications,
As soon as that ggrant is formally received, we will modify the ordinance
and. hopefully, be able to award the contract for completion of the
project.
13, Ordinance No, 403-78
-; This ordinance is up for introduction and regards revision of
J the ordinance governing the establishment and operational functions
j of the Kenai Advisory Planning and Zoning Commission, It has been
reviewed by the Commission, They made one change to the language
and we are asking for introduction at this time so that we can, in
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part, complete the Code.
14. Ordinance 404-78
This ordinance is again an appropriation ordinance of anti
recessionary funds which I believe is self-explanatory to cover
certain additional operational expenses which can best be handled
at this time.
15. Resolution No. 78-73
This resolution is a transfer of funds within the police
department budget to replace a portable radio which was lost.
It is not subject to reimbursement by the insurance carrier,
16. Resolution No. 78-74
This provides for a transfer of funds within the legal department
to provide additional funds for office supplies,
17. Resolution No. 78-75
This is a request by a councilmember relative to the agenda,
I believe this item is self-explanatory,
18. Resolution No, 78-76
This resolution provides for the purchase of the stove for
Port Kenay. It needs to be approved. The stove has, by direction
of the Council, been requisitioned,
19. Ratification of Contract for PMA
The contract has not yet been developed. It needs to be properly
ratified and approved by the Council as soon as possible,
20. CH2M Hill: Payment Request
This request is relative to the sewer treatment plant interim
modifications, Step I Facilities Plan and I & I Study,
21. Peat, Marwick, Mitchell and Company: Payment Request
This statement is relative to the audit on the Council on Aging
Nutritional Program. This is funded by the program itself and is
at no cost to the City,
22. Discussion: HUD Small Cities Program
Information on this item is in your packet, Interest in this
program is, of course, a policy decision. The program as I see it
offers very little or nothing to the City because of the severe
restrictions imposed on BUD regarding low and moderate income, which
can commit the City to programs which I do not feel at this moment
are advisable.
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23. Discussion: CEIP Funds
This is relative to the funds received by the Council last week
for water and sewer engineering in the amount of $150,000. We need
approval so that we can solicit proposals to have the engineering,
done as soon as possible,
24. Discussion: Selection of Engineers for the Water and Road
Fro acts
This is relative to the surplus funds in that Airport Way is
approved as a project for the realignment of the road and reconstruc-
tion. We also have the three waterlines approved and the renovation
of Well No. 1. The administrative problems are very few and I have
no significant difficulty, The situation is that we need to retain
engineers as soon as possible to get the projects underway,
25. Discussion: CEIP Grant for Road Planning
This grant, in the amount of $30,000, was just received, We are
obliged to get a release from the Borough relative to the planning
authority and it is hoped that this will enable us to add some money
to the topographical study to do more detailed topographic map work
for the City and still add to a road planninhoprogram so that we can
determine what our major intersections and troughfares should be,
26. Discussion: EDA Terminal Proiect
This item regards tentative approval by EDA of a terminal project
consisting of adding arctic doors and a waiting room. The total
Iwould be $63,000 to $64,000, of which EDA would fund 80% or
$51,000. In talking with Don Wilcox of the FAA, they could legally
provide the additional 20%. However, he stated that there are no funds
available at this time and that the City would, therefore, have to
come up with the matching 20%, roughly $12,000.
27. Lease of City -owned Lands: Serendipity Enterprises
We have been informed by the attorney for Serendipity Enterprises
which has a concept lease application for six acres of the Beaverloop-
Spur-Airport land that their lease is in the mail and that it is
significantly revised to meet the lending institution's questions and
provide adequate protection for them. We will be receiving it on the
28th or shortly thereafter, We will present it to the Council as soon
as we have had some opportunity to review it. It will obviously vary
from our standard lease.
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