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HomeMy WebLinkAbout1978-05-17 Council Minutes0 AOPNDA KENAi CITY COUNCIL - RPM MAR AMPTiNG MAY 17, 1078 - 7s 00 P,M , KP,NAf PUBLiC MAFF.TY BUIi.DING PLEDGE OF ALLEGIANCP A. ROLL CALL AGENDA APPROVAL B, HEARINGS 1, Ordinance 400-70, P.stahlishing policlas a proveduras - /.ease of City Airport i,,onds 2. Ordinance 402-79, Appropriating $5.000 from Water/Sewer for P,nilinitoring Services relating to interim improvements to tho Mawar Treatment Facility 2, Ordinance 403-70, Chapter 5, Kenai Code, Advisory Planning a Zoning rolpfniasion 4, Ordinance 404.79, increasing estimated revenues & appropriations In the amount of $4,430 for Title 11, Anti-Racession Revenue Sharing Funds C, PER801118 PRESENT SCHEDULED TO BE HEARD D, MINUTES 1. Minutes of the regular melting of May 3, 1079 E. CORRESPONDENCE 1. Performance Sales a Service - Termination of Lesse of City owned lams 2. Mortgage Investors, Ine, - Proposed formation of Assessment Mstriot S. Letters urging devekrpment of 40 acre parcel of land - Rocrettion Silo P. OLD BUSINESS 1. Resolution 79-OS, requesting telex" by FAA of certain A&" lands 2. Lees of City owned lands - Craig Freers, Phillip Rryson, Alan Cor M11 s Frank Wince S. AgrawAnt with R. L, Roper - area adjacent to boat ramp 4. Ratittoation of Project Mangos of Al"ka oontraot for projest inspaotion 0, SIM B IRMS 1. BHIo to be paid - bills to be rstHisd 2, Ordinance 406-79, Authorizing negbtistion of sale of certain tax foreclosed lands 3. ordinance 406-78, Adopting the Annual Budget for Fiscal Year 1978.1979 4, Ordinance 407-78, Establishing Capital Project fund "Warm Storage Bldg, winteriaation" 6, Ordinance 400-49, ineressing estimated revenues a appropriations in the strount of $31,060 for Title It, Anti -rem" Revenue Sharing Funds A, Ordinance 40948, Revised scheduls of rates for city Water a Sawa systems users 7. Resolution 78-70, Transfers within the Capital Project "EDA Project 07.111-11M4" S. Resolutlon 78-79, Repealing requirement of library card dporlts 9. Resolution 78-60, Repealing policy of billings for ambulance aaviae 10, Resolution 10-01, Transfers within the Capital Project "EDA Project 07.51-26999" 11, Resolution 78-82, Accepting a gift of land within the City of Kenai 12. Lease of city owned Lnds - BaC supply 13. Discussion - Survey and Appraisal of Airport PRO Area 14. Paytsent to Legal Firm for probational services rendered in Rrlsn Peok vs, City case 111. Ordinance 40-7S. Establishing Capital Projeat Fund "Airport Runway Paving Project 7P2" and deolaring an whorgenoy it. RSPOATS 1. City Manager's Report 2. City Atforny's Report 3. MAY0*9 Report 4. City Clerk's Report 0. Finance Director's Report 0. PbwMng a Zoning CommissIm's Report I. Borough Assembly's Repast I. PIr.RSONS PRESENT HOT SCHEDULED TO SE HEARD AMOURHMEIIT ■ 1 KENAI CITY COUNCII - RROULAR MERT1NG MAY 17, 1078 - 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'RP,ILLY PRESID1140 PLEDGE OF ALLEGIANCH A . ROLL CALL Present: Vincent O'Reilly, Dan Whelan, Phillip Aber, Tam Ackorly, Rd Ambarian, Betty Glick and Ron Malston Absent: None AGENDA APPROVAL. Council approved the addition of Ordinance 410-76, establishing a Capital Project Fund Entitled "Airport Runway Paving Project No. 78-2, and declaring an emergency, MOTION: Councilman Whelan moved, seconded by Councilman Malston, that if all business has not boon completed by 12 midnight, the Kenai City Council will recess the meeting until S p.m., Thursday evening, Motion passed unanimously by roll call vote with Councilman Aekerly not present for voting, B, HEARINGS B-1: Ordinance 400-78, establishing policies a procedures - leaso of Airport Lands Mayor O'Reilly read Ordinance 400-78 by title only as copies were available for the public, "Establishing policies and procedures relative to the lease of City airport lands." 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 400-78, establishing policies and procedures for lease of Airport lands. Councilman Ambarian inquired as to the language contained in the ordinance relative to percentage of payment to the real estate sales broker as the area of concern was the feet that assessments should not be included as part of the percentage of payment. Councilman Whelan questioned 0800) in that the Council would be putting a "cap" on the revenue to the Airport. Councilman Ambarian agreed and stated that the FAA may object and also Councilman Ambarian stated that the Council should not be setting policy for future Councils -- Councilman Ambarian suggested that "up to 1/10th of i$" be deleted, - -1 May 17, 1078 - Page 2 MOTION - AMENDMENT ^' Councilman Ambarian moved, seconded by Councilman Whelan, that 21.05.080(3) be amended by deleting "up to 1/10th of 1$" from the last sentence. Motion passed unanimously by roll call vote. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Whelan, that 21.05.060(1) be amended by adding ".....each year for the first five years, excluding assessments..." Motion passed unanimously by roll call vote. I Councilman Ambarian suggested that the ordinance, as amended, be tabled until such time that the Federal Aviation Administration has had the opportunity to review it. Councilman Whelan stated he would like to see the ordinance passed and further commented that the FAA would most likely make "general housekeeping" amendments. Councilman Ackerly agreed that the ordinance should be presented to the FAA in adopted and final form. Councilman Ambarian stated that the City has made great strides in its relations with the FAA and felt the City would make a better impression by taking the FAA's comments into consideration prior to final adoption. MOTION - TABLE Councilman Ambarian moved, seconded by Councilman Aber, that Ordinance 400-78 be tabled to allow City Administration and Federal Aviation Administration officials adequate time to review the document and return to the Council with FAA comments. Motion passed by roll call vote with Councilmembers Ackerly and Malston voting no. B-2: Ordinance 402-78, Appropriations from Water/Sewer for engineering at STP Mayor O'Reilly read Ordinance 402-78 by title only. "An ordinance of the Council of the City of Kenai appropriating $5,000 from Water and Sewer Revenue Fund, Reserve for future plant expansion for engineering services, relating to interim Improvements to the Sewer Treatment Plant Facility." 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 402-78, appropriating $5,000 from Water/Sewer for engineering on Interim improvements for the Sewer Treatment Plant. Motion passed unanimously by roll call vote. B-3: Ordinance 403-78, Chapter 5, Kenai Code, Advisory Planning a Zoning Commission Mayor O'Reilly read Ordinance 403-78 by title only. "An ordinance of the Council `J of the City of Kenai repealing Article I, Planning Commission, and reenacting and renumbering in its entirety Chapter 5, Advisory Planning a Zoning Commission, Title XIV of the Code of the City of Kenai, Alaska". F"07 Ll-I, �, , May 17. 1078, Pago 3 Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, for adoption of Ordinance 403-78, Kenai Advisory Planning a zoning Commission. Motion passed unanimously by roll call veto. B-4: ,Qrdinanee 404-78. Anti -recession Ravanue Aharing Funds j Mayor O'Reilly road Ordinance 404-78 by title only. "Increasing estimated revenues j and appropriations in the amount of $4,430 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 Councilman Ackerly, for adoption of Ordinaneo 404-79, Anti -recession Revenue Sharing Funds in the amount of $4,430. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD None D. MINUTES D-1: Minutes of the rogular meeting of May 3, 1978 Councilwoman Glick requested that the following corrections be made to the minutes: Page 3 - delete "for Public Hearing" in tho last sentence on the page and add on page 8 under comment by the City Manager in which the CM "inquired of Mr. Lehman if based on the flow would the City not be eligible for waiver for primary treatment?...,, F Minutes were approved as amended. E. CORRESPONDENCE E-k lerformance Sales t, Service - Termination of Lease of City owned lands Mayor O'Reilly acknowledged receipt of letter from Joseph M . Ross in which -- Mr. Ross requests immediate termination of lease of Lot 2, Block 3, CRAP in that he was informed after approval of leaso that two new businesses, which are -- _ in direct competition, were also granted leases from the City. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, that Council grant Mr. Rosa' request for immediate termination of lease of Lot 3, Block 2, CHAP. Ii f. 6 o ,a �i 1 . ,.-F..-,- ,. w„_. r«, May 17, 1976, Page 4 Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilman Mnlston, that Mr. Ross, d/b/a Performance Sales a Service, be assessed 10% of the annual louse rate for costs incurred by City Administration in preparing the lease. Councilman Aber stated that such a policy should be established by the City and incorporated as part of the leasing policy but should not be enforced at this V period of time. Couneilmembers Whelan and Aekerly agreed. QUESTION: Motion passed by roll call vote with Councilman Whelan voting no and Councilman Aber abstaining due to business dealings with Mr. Ross. E-2: Mortgage Investors, Inc. - proposed formation of Assessment District Mayor O'Reilly read correspondence received from Mortgage Investors, Inc. (Mr. Kenneth Padgett) requesting that the City of Kenai consider Addition I and 2, Mommsen Subdivision for an assessment district. Council directed Administration to advise Mortgage Investors to contact the other property owners to determine the interest of forming and financing such an assessment district and, further, obtain cost estimates on the proposed construction. �E-3: Lettaro uraina development of 40 acre parcol of land - Recreation Site Mayor O'Reilly advised that a letter had been prepared and signed by approximately 20 interested persons urging the Council to proceed with development of the area adjacent to the Oilors Park. Mayor O'Reilly stated that these letters would be forwarded on to the Planning Commission to be entered into tho record at their public hearing on the subject matter to be held Wednesday, May 24, 1078. F, OLD BUSINESS F-l: Resolution 78-50, requesting release of certain Airport Lands Mayor O'Reilly read Resolution 78-56 by title only. "requesting the release by the FAA of certain Airport lands." MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, to bring the matter of Resolution 78-56 back from the table. Motion passed unaimously by roll call vote. MOTION-, Councilwoman Glick moved, seconded by Councilman Whelan, for adoption of Resolution 78-50, requesting the release of certain Airport lands by the FAA, M e . , May-17, 1078, Pago G Mr, Wise presented a proposed development plan for the area in question and advised that the Planning Commission had reviewed the plan and recommended approval by Council. Mr. Wise further stated that the proposed development plan called for commercial highway frontage development and area adjacent to the bluff to be considered for high density residential living (townhouses, otc.). Mr. Wise stated that the plan would be submitted to the FAA along with the resolution if passed by Council. QUESTION: Motion passed unanimously by roll call veto, F-2: Lease of City owned lands - Freas, Bryson, Corthell A Wince MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, for approval of leave of Lot 4, Block 2, Fidalgo Subdivision, to Prank Winco, Alan Corthell, George Freas and Phillip Bryson at an annual rental of $074.40 for a period of 00 years. MOTION - AMENTMENT Councilman Aekorly moved, seconded by Councilman Whelan, that the lease document bo amended to include that lessee will provide their own access to the leased property described above, Motion passed unanimously by roll call vote. QUESTION - MAIN, AS AMENDED Passed unanimously by roll call vote. F-3s Agreement with R. L. Roper - area adiaeent to boat ramp City Managor Wiso advised Council that Mr. Roper must show ownership of the area in question in order that ho may proceed with required applications and permits, Mr. Wise further advised that Mr. Roper is willing to pay $250/sere for Plat R and $100/acre for Plat C and would like the term of the lease for one your with option to buy, Councilman Whelan stated he would favor a lease with option at this time, City Attorney Schleroth advised that he would have to review the City ordinances relative to the sale of the property in question. Mr. Sehlereth also stated that Mr. Roper had advised that time was of the essence in order to obtain the necessary permits to proceed with construction. Councilman Malston stated he would like to see the City aid Mr. Roper in any way necessary in order for him to file for the Permits and proceed with improvements as Boon as possible. MOTION: Councilman Whelan moved, seconded by Councilman Malston, that the City of Kenai enter into a concept lease agreement with R . L • Roper for lease of area adjacent to the boat ramp at a rate of $250/acre for Plat R and $100/sere for Plat C and such parcel of land to be re-evaluated on or about the first of October based on the current appraised value and that the lease rate would then be adjusted to j 6% of the appraised value for a term of 55 years and further that the City Attorney explore the possibility of the sale of the subject parcel of land to Mr. Roper at a future date. May 17, 1078, Page 8 Councilman Ambarian stated that he felt the action of Council should be such that Mr. Roper be given temporary permission in order to obtain the necessary permits and in addition the development plan be submitted to the Planning Commission and Council for review and approval prior to the final approval of a long-term lease. QUESTION: Motion passed unanimously by roll call veto with Councilman Aber abstaining due to personal business involvement with Mr. Roper on the subject project. F-4: _Ratification of Protect Managers Contract for protest inspection MOTION: Councilman Whelan moved, seconded by Councilman Aekerly, for approval of Project Coordination and Inspection Services Contract between the City of Kenai and Project Managers Alaska, Inc. for projects as outlined in subject contract -- for a total fee of $48, 000. City Attorney Schloroth advised Council that the contract had been prepared in a very limited amount of time and as the contract has not yet been signed by Project Managers, there may be minor amendments to the document. Councilmembers Glick and Whelan stated that they would like to see a time limit placed on the execution of the contract document and the Council given the opportunity to review any changes prior to final approval. MOTION.. Councilman Whelan moved, seconded by Councilwoman (click, to move item F-4 to the end of the agenda. Motion passed unanimously by roll call vote with Councilman Aber abstaining because of business conflict. 0. NEW BUSINESS 0-1: 21118 to be gold - bills to be ratified MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for approval of bills to be paid and bills to be ratified as submitted with Project Managers Alaska, Inc. billing to be approved upon ratification of contract. Motion passed unanimously by roil call vote with Councilman Aber abstaining on Project Managers of Alaska bill. -- 0-2: Ordinance 405-78, Authorizing naotiation of sale of certain tax foreelosed'an& Mayor O'Reilly read Ordinanc-a 400-78, by title oily. "Authorizing the City Manager to negotiate for the sale of certain tax foreclosed lands to Philip W . Bryson and 0. Craig Freas and approving the terms and price thereof." i ,, a May 17, 1079 Page 7 Mr. Viso advised that on June 18, 1977 the following parcels of land wore offered for sale, however, no offers were submitted for purchase: Lot 5, Block 3, East Addition, Kenai Townsite and East one-half of Government Lot 36, S31, TON, RUW, SM. The sale price for parcel ill is $2,000 and the sale price for parcel tit is $6,000. Mr. Wise advised that the purchase price will satisfy all assessments and tax obligations levied against the properties and the City will provide a tax foreclosure quitclaim deed upon payment in full. MOTION: Councilman Ackelry moved, seconded by Councilman Whelan, for introduction of Ordinance 406-78, authorizing negotiation of sale of certain tax foreclosed lands. Motion passed unanimously by roll call vote Q-3: Ordinance 400-78, Adootina the Annual Budoot for Fiscal Year 1978-70 Mayor O'Reilly read Ordinance 400-78 by title only. "adopting the Annual Budget for Fiscal Year commencing July 1, 1078 and ending June 30, 1079 and setting the tax levy for said fiscal year.,, Mayor O'Reilly advised that the amounts and mill rate would be inserted into the ordinance prior to the hearing on Wednesday, March 31st. MOTION: Councilman Aekerly moved, seconded by Councilman Malston, for introduction of Ordinance 400-78, adopting the annual budget for fiscal year 1078-1079. Motion passed unanimously by roll call vote. 0-4: Ordinance 407-79, Establishing Cappital Protect Fund "Warm Storage Bldg Winterization" Mayor O'Reilly read Ordinance 407-78 by title only. "Establishing a Capital Projects fund entitled Warm Storage Building Winterization." City Manager Wise advised that RDA had tendered a grant offer in the amount of $26,400 (80% of total cost of project) to winterize the Airport Warm Storage Building. MOTION: Councilman Aekerly moved, seconded by Councilwoman Glick, for introduction of Ordinance 407-78, establishing a capital project fund entitled "Warm Storage Building Winterization" . Motion passed unanimously by roll call vote. I . r a E , May 17, 1978, Page 8 City Manager Wise inquired if Council would consider a contract with Mike Tauriainon, consulting engineer, for the project at a cost of $3, 000. Finance Director Ross Kinney n reminded Council that the contract and ex enditure f i ld P ©men os woe not bo proper until Passage of the ordinance, therefore, the matter of contract with Mr. Tauriainon will be held until the next regular meeting of Council, G-5: Ordinance 400-70, Anti -recession revenue sharing funds i; the amount of $31,060 Mayor O'Reilly road Ordinance 408-78 by title only, "Increasing estimated revenues and appropriations in the amount of $41,060 for Title II, Anti -recession Revenue Sharing Funds" MOTION: Councilman Aokerly moved, seconded by Councilwoman Glick, for introduction of Ordinance 408-79, increasing estimated revenues and appropriations in the amount of $31,000 for Title II, Anti -recession Revenue Sharing Funds. Motion passed unanimously by roll call vote, a-6: _Ordinance 409-78, Revised schedule of rates for Water s Sower Users Mayor O'Reilly read Ordinance 409-78 by title only, "Repealing Section 17-78 of the Kenai Code, 1063, and enacting a revised schedule of rates for users connected to City Water and Sewer Systems; and repealing Article 1, Electric Service, Chapter 17 of the Kenai Code," Councilman Aber suggested that Council schedule a work session on the proposed ordinance as there are several inequities in the schedule from which the City is going to suffer. QUESTION: Motion passed unanimously by roil call vote. 0-7: 1esolution 78-78, transfers within the Capital P rolect "EDA Protect 07 51 20074" Mayor O'Reilly read Resolution 78-78 by title only. "He it resolved by the Council of the City of Kenai that the following transfers be made within the Capital Project entitled "EDA Project 07-51-20074", Fire Reservoir, From: Construction ($00,900) and Contingency ($10,000) To: Architectural tc Engineering Basle Pees - $42,000; Architectural a Engineering/Other - $4,000; and Project Inspecti&n - $24,900." 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 78-78, transfers within the Capital Project fund "EDA Project 07-51-20074" in the amount of $70,900, Motion passed unanimously by roll call vote. 1 . 11 t t May,17, 1978, Page 9 G-8: Resolution_78-79. Repealing requirement of library card deposit. Mayor O'Reilly read Resolution 78-79 by title only. "A resolution repealing Item 03, Library Card Deposits, of Resolution No. 75-29" Mayor O'Reilly opened the meeting to the public. Where was no comment. City Manager Wise advised that the deposits presently on the records will be refunded. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Resolution 78-70, repealing item 0, Library Card Deposits, of Resolution No. 75-20. Motion passed unanimously by roll call vote. 0-9: Resolution 78-80, Repealing policy of billings for ambulance service Mayor O'Reilly read Resolution 78-80 by title only. "A resolution repealing the policy of billings for ambulance service." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ackerly moved, eeeonded by Councilwoman Glick, for adoption of Resolution 78-80, repealing the policy of billings for ambulance service. Motion paced unanimously by roll call vote. 0-10: Resolution 78-81. transfers within the Capital PZWeet "EDA Project 07-51- 6008" Mayor O'Reilly read Resolution 78-81, by title only. "Be it resolved by the Council of the City of Kenai that the following transfers be made within the Capital Project entitled "EDA Project 07-51-20998", street projects, From: Construction - ($9,123) and Contingency($3,077) ; To: Administrative Expense - $1,000; Architectural/Engineering Basic Fee - $6,500 and Project Inspection - $4,700." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION; Councilwoman Glick moved, seconded by Councilman Ambarian, for adoption of Resolution 78-81, transferring monies within the Capital Project EDA 807-51-26998. Motion passed unanimously by roll call vote. a-U.- Resolution 78-82, Accepting a Rift of land within the City of Kenai Mayor O'Reilly read Resolution 78-82 by title only. "Accepting a gift of land more particularly described as Lot 2, Block 20, Townsite of Kenai, for reasons that the subject property constitutes eroded bluff property and presents more of a liability than an asset to the owner." i i � a I, f Z q a I May •17 , 1076, Page 10 Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilwoman thick moved, seconded by Councilman Ambarian , for adoption of Resolution 78-82, accepting a gift of land within the City of Kenai. Motion passed unanimously by roll call vote. 0-12: Lease of City owned lands - B&C Supply MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for approval of lease of City owned lands to B&C Supply Corporation, Lot 7, Block 1, Second Addition, Etolin S/D, for a term of 55 years at an annual rental of $1, 990.65. Councilman Ambarian commented that the buildings along Willow should be set back farther than the required set back policy presently in existence so that all buildings conform with one another. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Whelan, to propose amendment of the development plan to see if the set -back could be increased so that the building would conform with other buildings on Willow Street and, in addition, City Administration discuss parking with the developer and such parking area to be shown on the development plan. Councilman Malston stated that as the City has not required this of the other lessees, though it is a viable request, and it would appear that the lessee would not have to conform to this request as the set -back requirement of the City differs from that being proposed. QUESTION - AMENDMENT Passed by roll call vote with Councilman Malston voting no. MAIN, AS AMENDED Passed unanimously by roll call vote. 0-13., Discussion - Survey and Aporaisal of Survey and of Abort FBO area area City Manager Wise advised that the proposals submitted were contained In the packets and requested Council approval. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly to authorize McLane and Associates to proceed with the subject surveying at a fee not to exceed $3,000. Motion passed unanimously by roll call vote. r� 5� h • J, MEN wv/�A 0 May 17, 1978, Page 11 OJIOTION: Councilman Whelan moved, seconded by Councilman Aekerly, for authorization for Frykholm Real Estate Appraisal, to proceed with the subject appraisal at a fee of $300 for the first lot in the group and$28 for each additional lot. Motion passed unanimously by roll tail vote. a-14: Payment to Legal Firm - Brian Peck vs. City case MOTION: Councilman Ackerly moved, seconded by Councilman Ambarian, for approval of payment to Atkinson, Conway, Young, Bell a Gagnon, Inc. in the amount of $1,578.74 relative to the Brian Peck, et al vs. City of Kenai case. Motion passed unanimously by roll call vote. G-18: Ordinance 410-78. Capital Protect Fund entitled "Airport Runway Paving Project 78-2" Mayor O'Reilly read Ordinance 410-78 by title only. "Establishing a Capital Project Fund entitled "Airport Runway Paving Project No. 78-2" and declaring an emergency. Mr. Wise requested that the ordinance be amended under Section 3 to reflect that the funds are ADAP not Federal Revenue Sharing funds. MOTION: Councilman Whelan moved, seconded by Councilman Aekerly, for introduction of Ordinance 410-78, Capital Project Fund entitled "Airport Runway Paving Project 78-2" and declaring an emergency. Motion passed unanimously by roll call vote. MOTION: Councilman Aekerly moved, seconded by Councilman Whelan, for adoption of Ordinance 410-78, Capital Project Fund entitled "Airport Runway Paving Project 78-2" and declaring an emergency. Mayor O'Reilly opened the hearing to the public. There was no public input. City Manager Wise reported that the ordinance provided for $2, 300 for engineering services for the above named project. QUESTION: Motion passed unanimously by roll call vote. H. REPORTS OH -I: City Manager's Report (a) Mr. Wise advised that a telephone poll was conducted to obtain an architect for work on the arctic doors for the Airport Terminal and would, therefore, request approval of a I ■ M May 17, 1079, Page 12 payment of the architect' e fee for the subject work. i -N MOTION: Councilman Aekerly moved, seconded by Councilman Whelan, for approval of payment in the amount of $300 to Carmen Gintoli for architectural services provided for the arctic doors and air look foyer, Airport Terminal Building. Motion passed unanimously by roll call vote. (b) Wise reported that the Proposals, as expected, did not come in with anything firm r•Mr. Wise stated that he would hold a meeting to revise the specs to provide for a viable proposal . (a) YACC - Mr. Wise advised that the Youth Corps was working within the City picking up trash, etc. and sweeping sidewalks. Mr. Wise further reported that the YACC would be working in Old Kenai Townsite to clear away trash from private property on which the City is continuously receiving complaints. (d) Mr. Wise presented Council with copies of the Public Works Director's Report. COUNCIL - QUESTIONS a COMMENTS i Councilman Malston stated that at the last meeting Council requested a report on the water problem (Sheffield House, etc.) from Administration and asked for status of some . Mr. Wise reported that City crews discovered a valve had been closed off in one of the 8" branch lines in the downtown area. The valve has now been opened which should alleviate some of the pressure flows through the Mall and the Sheffield House. The Sheffield House has reported that their water is clearer but they are picking up more sand In the water -- the City will again flush the lines and, hopefully, the debris in the lines will be broken up by the water pressure. Councilman Malston stated that he had seen a copy of National Bank of Alaska's bill for costs incurred in repairs from the water problem. Mr. Wise advised that the Bank had not contacted City Hall with the problems they were incurring, however, he would write a letter immediately advising of the current status of the water situation. TOPO Study - Councilwoman Glick advised that both Jerry Anderson and Sam Best had indicated that they would be available and agreeable to meet with City Administration and negotiate for the study. H-2: City Attorneys Report (a) City Attorney Schlereth requested Council authorization to proceed with discussions t with Kenai Baptist Temple's attorney relative to settlement of the case for $1,500. Councilwoman Glick reported that in discussions with the City Attorney and in Council action last fall in which a $1, 500 settlement was agreed upon by the City, it would appear the City should proceed along these lines and accompany such settlement offer with a statement that the City's zoning ordinance is legal and enforeable, etc. 4 I I Y May 17, 1978, Page 13 Councilman Ambarian stated that the $1,500 was decided upon last fall, however, additional legal work has been involved in the case and would be in opposition to the settlement r1 offer of $1,500. MOTION: Councilman Whelan moved, seconded by Councilman Malston, that the City Attorney be instructed to offer a settlement in the amount of $1,500 to Kenai Baptist Temple and such settlement offer to contain wording that the zoning laws and ordinances of the City of Kenai have been protected and enforced. Councilwoman Glick stated that she really believed that KBT was in violation and would like to proceed for the maximum penalty but at the same time the City must take into consideration that it would be doubtful that any Court would levy the maximum penalty against a church. Therefore, Councilwoman Glick stated she would vote in favor of the settlement offer. Councilman Ambarian stated that KBT has lost every action in Court regarding this matter and reported that he still felt $1,500 was too low. QUESTION: Motion passed by roll call vote with Councilman Ambarian voting no. (b) City Attorney Schlereth inquired if Council wished an ordinance prepared that would restrict mobile food service operations or allow operation for certain periods of time during i the day? Councilman Malston stated he would not wish to restrict them from operating but would wish to see that requirements of tax collection, health standards, etc. be complied with at all times. Councilman Aekelry stated that he agreed as did Councilman Whelan who requested that such operations should be on a permit -type type basis which would also enforce compliance with tax, health standard requirements, etc. I Councilman Ambarian stated that the ordinance should also require that adequate parking is provided plus the ordinance could encompass merchants selling items other than food- stuffs. Councilman Ackerly inquired as to the type of enforcement and was advised by City Attorney Schlereth that he would suggest a civil penalty rather than through the Courts. (a) Brian Peck vs. City of Kenai - City Attorney Sehlereth advised that Mr. Peck's attorney had filed interrogatories which the City will have to answer within the next 20 days. (d) Serendipity Lease - Councilman Ambarian suggested that Council hold a work session on the lease document as soon as possible. (e) Newspaper stands within Airport Terminal - Mr. Schlereth advised Council that the Beer's Lair lease has exclusive rights for the sale of printed materials. Councilman Ackerly stated that he did not feel it was the Council's intent to grant exclusive rights of this nature. H-3: Mayor's Report Mayor O'Reilly advised after all that has transpired eneerning ALPETCO and Representative Malone, he would not be sending the letter that was in draft form and contained in the Council packets. If 4 ' fl Yy i �. t M May 17, 1978, Page 14 H-4: City Clerk's Report None H-5: Finance Director's Report None H-6: Planning h Zoning Commission's Report None H-7: Borough Assembly's Report Mayor O'Reilly advised that the Assembly passed the School Budget and appropriated money to start the architectural effort for the proposed KCHS auditorium. Mayor O'Reilly further advised that he submitted the request of the Council on Alcoholism for contribution to their group and such request was not commented on at this time. Mayor O'Reilly also requested Council input relative to the advertising of both issues concerning school bond issues. Councilmembers Ackerly and Ambarian agreed that they felt the issues should be advertised but did agree that it should not be done through the school children. Councilman Whelan stated that he would agree to a certain extent, however, commented that it should not be an "all out campaign" at the public's expense. MAYOR a COUNCIL - COMMENTS Councilman Ackerly stated that relative to his proposed lease of City owned property, because of difficulties with blueprints, etc. they have had to rebid the project and will not have the results in until next week -- would request consideration of lease be post- poned until the next regular meeting of Council. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to grant the conceptual lease for Tom Ackerly and Patrick O'Connell a one (1) month extention from May 15th to June 15th. Motion passed unanimously by roll call vote with Councilman Ackerly abstaining. Councilman Ambarian stated that Mrs. Esther Bergen was in the audience earlier in the evening concerning what she feels are zoning violations in the area adjacent to her residence on Beaver Loop. Councilman Ambarian reported that the Beaver Loop Laundry has been sold to another party who has moved construction equipment on to the property. Also reports are such that the new owners are selling some types of fbods. etc. Councilman Ambarian requested City Administration investigate the matter Immediately. Councilman Whelan advised that it has also been reported that an electrical company is operating out of the facility, Councilman Malston requested that Administration report back to Council at the jnext regular meeting concerning this matter. 71 N� 4 i i i .a •1-.I,, , , .. May 17, 1076, Page 15 1 BUDGET WORK SESSIONS Scheduled for 5:30 p.m. on Tuesday, May 23 and Thursday, May 25th and 5:30 p.m. Tuesday, May 30th. JAIL FACILITY City Manager Wise reported that Mr. Hermann from Juneau called the City offices today and advised that Senator Tillion has included $216,000 in the budget for the jail facility -- State would reimburse the City $85/flay per prisoner. Mr. Wise stated that he has asked for the information in writing and will keep Council up -dated on the situation. RECESS Council recessed at 10: 45 p.m. until 6: 00 p.m., Thursday, May 18th, at which time Project Managers Alaska, Inc. contract (item F-4) will be discussed. KENAI CITY COUNCIL - RECONVENE REGULAR MEETING }6: 00 P.M. - Thursday, May 18, 1978 - Public Safety Building ROLL CALL Present: Vincent O'Reilly, Dan Whelan, Phillip Aber, Edward Ambarian, Betty Glick and Ron Malston. Absent: Tom Ackerly F-4: Ratification of Project Manager Alaska, Inc. contract for project inspection City Manager Wise reported the areas of discussion which have been revised and reviewed by the City and PMA and the City feels all matters of question have been resolved and would, therefore, recommend approval of the contract. QUESTION: Motion passed by roll call vote with Councilman Aber abstaining due to personal business Involvement. QUESTIONS & COMMENTS Mayor O'Reilly advised that the Elks Club has established a fund raising project to purchase a special piece of equipment for the ambulance and Atlantic Richfield Corporation i had presented a check to the City which should be transmitted on to the Elks Club until such time all monies have been collected and the Elks would, at that time, present a single check to the City -- Mayor O'Reilly requested Council approval. I 0 I a May 17,1078, Page 18 j MOTION: 1 Councilman Whelan moved, saWnded by Councilman Malston, to transmit the check received from ARCO to the Elks Lodge for their special fund raising project to purchase a special Piece of equipment for the ambulance. Motion passed unanimously by roll call vote. Board of Equilization Hearing - Kenai Peninsula Assembly Councilman Ambarian advised that he had received a telephone call concerning the hearing held the first part of the week -- especially relating to the appeal of the Vozars, Councilman Ambarian stated that the action of the Assembly and the representative from Council particularly disturbed him as their actions resulted in a loss of tax revenue to the City. Mayor O'Reilly explained the process by which the Vozar's property was assessed and the method by which the Vozars recomputed their taxes and reasons on which they based their appeal which included a 20% vacancy rate. Councilman Ambarian stated that in last year when the rentals were up, the Vozars were not requested to pay a higher tax and felt that the Assembly, in granting Vozar's request, would be jeopardizing the City's tax structure as all citizens would be eligible for this type of "subsidized Investment". Councilman Malston stated that he agreed with Councilman Ambarian. Councilwoman Glick commented that she also would agree and would strongly oppose use of the vacancy rate factor in consideration of assessed valuations. After considerable Council discussion, Mayor O'Reilly advised that he would request all the information relative to the matter as ti presented to the Assembly so that it could be submitted to the Council for their review. J Councilman Ambarian suggested that in the future the City should be made aware of the matters to be presented so that back-up information and materials could be compiled and the representative to the Assembly prepared prior to the hearings, 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 'j ADJOURNMENT y ti There being no further business to be brought before Council, the meeting was adjourned at 8:45 p.m. Respectfully submitted, ; S e C . Peter, City Clerk 31 G i S i