HomeMy WebLinkAbout1978-07-05 Council Minutes,.,
KENAi (1TY COUNCIL 11i:11111,Aft MIi1STlNO
Miley 5, 11178 - 7; 00 P,M.
Ki;NAI PUBLIC SAI RIT I)1111,UiNU
1'I,IiUGK Oil ALLIMIANCE
A. ROLL CALL
A0ENDA APPROVAL
R. HEARINGS
1, Ordinonce 411-78, Kenni Fire Codo
2. Ordirrnnee 418-78. Entablluhing a ltocreation Cumn,lanlen for ilia City of Kenai
3. Ordinance 411-78, flpeclul Revenue Fund "Kenni Sonfor (Ativena )tudget I Y 1878-70"
4, Ordinonec 410.78, Declaring Fuel '!Taller surplus r nuthorfzfng Its snle for $10,800
5. Transfer of Liquor Liconae - Pizza Paradinon
C. PY.RSONS PREHKNT HCIIFOULN) Tn fill HEARD
1. Mr. Roger Mucks - Ropairo to Ft. gamy
D. MINUTES
1. 0llnutoo of the rcigular meeting of June 21, 1078
2. Minutes of ilia special mocting of June 20, 1078
F„ CORIMSPONIMICE
1. Kenai Gordon Club - request to bark roorentlnn vehielen on FAA Grounds
2. Arctic Aviation - additional fencing at south end of Airport for security remione
S. Dept. Community & Regional Affnirn - CFII' llrnnt Applfautfon
F. OLD BUSINESS
1. Resolution 70-09, ontablislrini! rogutations o updating rates - Ft. Konay complex
2. Lease of City owned lands - Thomon Ackerly and Patrick O'Connell
0, NEW RUSINF,RS
1. 11111s to be paid - bills to be ratified
2. Approval of requisltiona oxceeding $500
2, Ordinance 410-70, Repeoling Chapter 10 of the Code (Truffle Offenses A Chapter 13
of ilia Coda (Ponaltios 4 Offenses)
4. Ordinanao 420-70, Chapter 20 of Kenai Cc" - 510110 Food Vender
5. Resolution 78-104, Awarding a contract for radio msintonnneo to Motorola Communications
S. Resolution 78-105, Abatement of alleged public nuisance i setting data for public hearing
7. ResoIution 78-100, nequest for razoninp, - iinknu Kerner -• itural to Suburban
8. Resolution 79-112, Grant offer "Komi Sewerage Project C-020077"
0. Resolution 78-113, Transfer of funds within ilia 1077-78 General Fund !Budget
10. Laos of Airport Lando - Glen henry i Gerald Browning
11. Lease of Airport Lands -James K. Carter, Sr.
12. Lease of Airport lands - Walter Church
13, Lease of City owned Lends - R, I.. Roper d/b/s Marine Product" Sales 4 Service
14. Renewal of Terminal Leanso Space - Avis Rent -a -Car
15. Assignment of Lasso - Teamsters Local 950 to Alaska Mutual Savings Bank
18. Request for survey 6 plat of Airport Lands for lease to Arctic Aviation. ina,
17. Payment to Project )Tanagers Alaska, Ina. for project coordination/inspection services
18. Float Plano Coversgo - Emery Inlet Insurance Agency
19. Approval of proposed water and sower engineering projects
20. Payment to engineer - Water Well Project 07-01-M684
21. Periodic Estimate - Rockford Corporation - Water Tank Project
22. Disausnion - Change Orders for Tank Project
23. Gas Lcasoo - Union Oil Company
H. REPORTS
1, City 5161180er's Report
2, City Attorney's Report
9. 1stayor's Rcpovt
4, City Clerk's Report
6, Finsaco Diractor's Report
6. Planning a Zoning Commission's Repast
7. Borough AssambWo Report
MAYOR t COUNCIL - QUESTIONS AND COSIMENTS
L. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ALIJOUI MENT
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KENAI CITY COUNCIL - REGULAR MEETING
411 O*fULY 8, 1978 - 4s 00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Presents Vincent O'Reilly, Dan Whelan, Phillip Aber*, Betty Glick and Ron Malston
Absent: Tom Ackerly and Edward Ambarian
AGENDA APPROVAL
Mayor O'Reilly requested Council concurrence to move item H-2, City Attorney's Report,
to item C-2, Persons Present Scheduled to be Heard. Council so concurred.
B. HEARINGS
B-Is Ordinance 411-70, Kenai Fire Code
Mayor O'Reilly read Ordinance 411-78 by title only as copies were available for the
public. "An ordinance amending Chapter Eight (now referred to as Title Eight) of the
Kenai Code to update standards adopted and to delete imprisonment as a form of punish-
ment for violation committed under this title, as amended."
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to bring Ordinance
411-78 back to the table.
Motion passed unanimously.
Mayor O'Reilly opened the hearing to the public. There was no comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Ordinance 411-79, Kenai Fire Code.
Motion passed unanimously by roll call vote.
B-2: Ordinance 410-79, Establishing A Recreation Commission
Mayor O'Reilly read Ordinance 416-79 by title only. "An ordinance establishing a
Recreation Commission of the City and enacting Title XIX, Recreation Commission, of
the Code in its entirety."
Mayor O'Reilly opened the hearing to the public. There was no comment.
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MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of
Ordinance 416-78 , establishing a Recreation Commission.
Motion passed unanimously by roll call vote.
B-3: Ordinance 417-78, "Kenai Senior Citizen Budget FY 1978-79"
Mayor O'Reilly read Ordinance 417-78 by title only. "An ordinance establishing a
special revenue fund entitled "Kenai Senior Citizen Budget FY 1976-79" by increasing
estimated revenues and appropriations in the amount of $38, 556."
Mayor O'Reilly opened the hearing to the public. There was no comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Ordinance 417-78, Kenai Senior Citizen Budget FY 1978-79.
Motion passed unanimously by roll call vote.
B-4: Ordinance 418-78, Deolaring Fuel Trailer surplus a authorizing its sale
Mayor O'Reilly read Ordinance 418-78 by title only. "An ordinance declaring the 1900
Clough Fuel Trailer surplus and authorizing its sale to James H . Doyle for $10,000."
Mayor O'Reilly opened the hearing to the public. There was no comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Ordinance 418-78, declaring 1900 Clough fuel trailer surplus and authorizing its sale
to James Doyle for $10,000.
Motion passed unanimously by roll call vote.
8-5: Transfer of Liquor License - Pizza Paradises
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, that the City of Kenai
' voice no objection to the transfer of liquor license from Kostas, Inc. d/b/a Pizza
- Paradisos to Athansios D. Macheras same d/b/a.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-b Mr. Roger Meeks - Repairs to Ft. Kenay
Mr. Meeks reported on the work being done at Ft. Kenay and advised Council that to -date
his volunteer group of interested citizens have expended approximately$300 in moving
and upgrading a structure onto the Fort site. Mr. Meeks further reported that he would
anticipate it would cost an additional $700 to put roofs on the remaining structures in the
compound andwould request Council authorization to proceed with the necessary repairs.
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Finance Director Ross Kinney advised that $1,500 had been allocated for repairs to the Ft.
MOTION;
Councilman Whelan moved, seconded by Councilman Malston, for approval of expenditures
exceeding $600 for repairs to Ft. Kenay and in addition, approval for work to proceed
relative to the roofing of two existing structures located within the Fort complex.
Motion passed unanimously by roll call vote.
C-2: City Attorney's Report
City Attorney Sehlereth requested that Council adjourn into an executive session to
discuss the EPA/City of Kenai "Sewer Treatment Plant" negotiations and the settlement
offer relative to Kenai Baptist Temple.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, that the Kenai City
Council adjourn into an executive session for the purpose of discussing matters that U
discussed in public, may be detrimental to the City and may jeopardize the position of
the City of Kenai on litigation matters relative to EPA and Kenai Baptist Temple.
Motion passed unanimously by roll call vote.
RECONVENE
Councilwoman Glick reported that the Council, in its executive session, concluded to
offer the following changes: (1) Par. VI, Pg. 3 - change the $5,000 fine to $2,600;
(2) Par. VII (A) , Page 3 - add "...or until an electronic surveillance device to
installed"; (3) Per. VIII, Page 3, change to "Defendant shall provide for use of an
alternative source of electric power for the operation of its lift stations by January of
1979".
Councilwoman Glick further reported that the Council determined that a fine of $5/day
should be recommended to be levied against Kenai Baptist Temple as the Zoning Code
provides for a fine of up to $100/day and, in addition, the City of Kenai will ask for
attorney's costs.
D . MINUTES
D-1: Minutes of the regular meeting of June 21, 1978
Councilwoman Glick requested clarification on pkge 14 as to why the Council waived
the $400 hook-up fee for Alaska Industrial Hardware in that the City had promised
AIH City utilities when the applicatlon for lease of ;tie land was submitted and due to
certain circumstances, the City was urable to supply water to them and AIH was forced
to wait a year before hook-up to the City system.
Minutes were approved as corrected .
D-2: Minutes of the Special Meeting of June 20, 1978
Approved as distributed.
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E. CORRESPONDENCE
JKnnai Garden Clnh'
Mayor O'Reilly acknowledged receipt of correspondence from the Garden Club in which
they request permission for use of the FAA grounds for persons attending the Alaska State
Garden Club convention August Sth - Sth to park their recreational vehicles during the
convention.
Council so concurred.
E-2: Arctic Aviation - additional fencing at south end of Airport for security reoSOD-
A letter from John W. Stoehner, President of Arctic Aviation, was read by Mayor O'Reilly
in which Mr. Steehner requested the City to consider constructing additional fencing
to fill in the gap extending from Arctic Aviation to Kenai Aviation on the south end of
the airport,
City Manager Wise recommended that the City furnish the fence fabric which was
remaining from the fence project and further that Arctic Aviation furnish materials
and installation.
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, for approval of supplying
fence fabric, as requested, to Arctic Aviation.
Councilman Whelan inquired if it was the City's responsibility to put the fencing up
for security purposes during the first fencing project and was advised by City Manager
that road access was determined necessary, however, the lot in question is coley
dedicated to tie -downs and fencing would be beneficial.
Councilman Malston inquired if funds were budgeted to cover furnishing one gate as
well and was advised by Finance Director Ross Kinney that the Airport MAO fund
had $0,800 that was was allocated for lights, etc.
MOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilman MalsWn, to amend the motion
to state that the City will supply materials and one vehicle gate in addition to the fencing
fabric.
MOTION -AMENDMENT
Passed unanimously by roll call vote.
-- - MAIN, AS AMENDED
Passed unanimously by roll call vote.
-3: Dept. Community & R Affairs - CEIP G
� itY eRional rant Apiplicaton
i Mr. Wise advised that the City's request for erosion prevention study funds in the
amount of $200,000 was rejected for State assistance, Mr. Wise stated that he would
recommend appealing the decision as the City has been given 20 days in which to appeal,
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MOTION:
Councilman Whelan moved, seconded by Councilman Malston, that the City Manager
be authorized to appeal the State's decision of rejecting the request for funds to study and
vegetate the face of the eroding bluff in Kenai .
Motion passed unanimously by roll call vote.
F . OLD BUSINESS
F-1: Resolution 78-98, establishing regulations a g2dating rates for Ft. KenBv
MOTION:
Councilman Whelan moved, seconded by Councilwoman thick to bring Resolution
78-98 back off the table.
Motion passed unanimously.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-98, rates and regulations for Ft. Kenay.
Mayor O'Reilly opened the meeting to the public.
Pat Porter, Sr. Citizen Director, stated that she had no objection to the rental rates
however, did wish to see the kitchen kept looked for security of inventory for the
nutritional program. Mrs. Porter also commented that as the Fort does not have
janitorial service, it is very difficult to keep the kitchen clean when open to the public.
Councilman Malston stated that he felt as Ft. Kenay belonged to the taxpayers of the area,
he felt that the kitchen should be available for the public's use -- perhaps the City could
raise the deposit for use of the kitchen and provide looked storage,
Councilman Whelan stated that he too believed that the Fort should be utilized in all
aspects and felt the citizenry should not be precluded from use of the kitchen and further
requested that the matter be resolved.
MOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilman Malston, to amend by
adjusting the deposit for use of the kitchen area to be double of the deposit rates
included in the resolution.
AMENDMENT:
Motion passed unanimously by roll call vote.
City Manager Wise requested that Council not pass the resolution in order to allow for
Administration to re -write it with the amendments and present it at the out council meeting.
, AS AMENDED
Failed unanimously by roll cal vote.
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F-2: Lease of City Owned Lands - Thomas Ackerly and Patrick O'Connell
City Manager Wise presented an amended plat showing the easement from Beaver Loop and
location of the proposed "Dairy.' Queen facility.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to bring the matter
of lease of City owned lands to Ackerly/O'Connell back to the Council table.
Motion passed unanimously.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of lease
of Treat B, Kenai Spur Airport Lease Property to Patrick O'Connell and Thomas Ackerly
for a term of 99 years at an annual rate of $11,880 contingent upon final signing of the
lease by Mr. Ackerly and Mr. O'Connell within 10 days.
Motion passed unanimously by roll call vote.
0. NEW BUSINESS
0-1: Bills to be paid - bills to be ratified
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, for approval of bills to be
paid and bills to be ratified as presented.
Motion passed unanimously by roll call vote.
0-2: Annroval of rectuisitions exceeding $600
None
0-3: Ordinance 419-78, Revealing Chapter 19 of the Code
Mayor O'Reilly read Ordinance 410-78 by title only. "An ordinance repealing (a) Chapter
19 of the Kenai Code of 1063 and all amendments thereto (entitled "Traffic Offenses") and
(b) Chapter 13 of the Kenai Code 1903 and all amendments thereto (entitled "Penalties
a Offenses) and adopting in its place Title XIll in recodified form."
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for introduction of
Ordinance 419-78, Traffic Offenses and Penalties a Offenses.
Motion passed unanimously by roll call vote.
G-4: Ordinance 420-78, Chapter 20, Kenai Code - Mobile Food Vender
Mayor O'Reilly read Ordinance 420-78 by title only. "An ordinance enacting Chapter 20
Mobile Food Vender, of Title V of the Kenai Code."
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MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for introduction of
Ordinance 420-78, Chapter 20 of the Code "Mobile Food Vender".
MOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilman Malston, to amend the ordinance
by striking item 1-c (15.20.020) "the business interests of all persons....."
Motion passed unanimously by roll call vote.
MAIN, AS AMENDED
Motion passed unanimously by roll call vote.
G-S: Resolution 78404. AwardIncr nontmet for radio maintenance
Mayor O'Reilly read Resolution 78-104, awarding a contract for radio maintenance to
Motorola Communications and Electronics.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman Glick, moved, seconded by Councilman Malston, for adoption of
Resolution 78-104, awarding the 1078-70 radio maintenance contract to Motorola
at $540.75 per month, per their bid specifications.
00 Motion passed unanimously by roll call vote.
a-8: Resolution 78-108, Abatement of alleged public nuisances
Mayor O'Reilly read Resolution 78-105 by title only. "A resolution acknowledging receipt
of a recommendation by the City Manager that certain alleged public nuimnees be abated
and setting a date for public hearing in the matter."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 78-105, acknowledging that certain alleged public nuisances be abated
and setting a date for public hearing for July 19, 1978.
Motion passed unanimously by roll call vote.
a-7., Resolution 78-106, request for rezoning
Mayor O'Reilly read Resolution 78-106 by title only, "A resolution requesting the Kenai
Peninsula Borough Assembly to rezone the subdivision known as Kaknu Korners from
rural residential to suburban residential."
Mayor O'Reilly opened the meeting to the public, There was no comment.
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MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 78-108, requesting the Borough to rezone Kaknu Korners from rural residential
to suburban residential.
Councilwoman Glick advised that she would support the rezoning change in that
water and sewer is now availablo to the area which sets the proper criteria for change
from rural to suburban.
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QUESTION
Motion passed unanimously by roll call vote.
i1 G-8: -Resolution 78-112, Grant offer "Kenai Seweraao Protect C-020077"
Mayor O'Reilly read Resolution 78-112 by title only. "A resolution accepting a grant
in the amount of an additional $1,000 to be applied toward the financing of Step I
Facility Plan."
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 78-112, accepting an additional $1,000 to be applied toward the financing of
Step I Facility Plan.
Motion passed unanimously by roll call vote.
G-9: Resolution 78-113, Transfer of funds
Mayor O'Reilly read Resolution 78-113, "transfer of funds within the 1977-76 General
Fund Budget from Public Works Administration/Transportation - $(195); Public works
Admin./Small Toole a Minor Equipment - ($95) to Public Works Administration/Advertising -
$290 for the purpose of advertising for the position of City Engineer and to ratify the
telephone poll conducted June 23, 1978.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
t' Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
Resolution 78-113, transferring funds within Public Works Administration budget in the
amount of $290 for advertising and ratifying telephone poll conducted on June 23rd .
' Motion passed unanimously by roll call vote.
G-10: Lease of Airport Lands - (31en Nenry and Gerald ftnnrunins
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MOTION:
Councilman Whelan moved, seconded b; Councilwoman Glick, for approval of lease
of Lots 9, 10 and U. Block 2, Cook Inlet Industrial Air Park, to Gerald E. Browning
and Glen M . Henry for a term of 99 years at an annual rental of $1, 914.12.
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Motion passed unanimously by roll call vote.
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0-11: Lease of Airport Lands - James E. Carter, Sr.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for approval of
lease of Lot 10, Block 2, Fidalgo Subdivision, for a term of 17 years at the annual rental
of $1,215.75 with an option to renew for an additional ten years.
Motion passed unanimously by roll call vote.
0-12: Lease of City owned lands - Walter Church
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for approval of lease
of Lot 8, Block 1, Second Addition, Etolin Subdivision, for a term of 99 years at an
annual rental of $3,888.00.
Motion passed unanimously by roll call vote.
0-13: Lease of City owned lands - R. L. Roper d/b/a Marine Products Sales a Service
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
lease of Tract B, City of Kenai Boat Ramp and right-of-way dedication, to R. L. Roper
e d/b/a Marine Products Sales a Service for a period of 99 years at an annual rental of
$1,880.58.
Motion passed unanimously by roll call vote.
G-14: Renewal of Terminal Lease - Avis Rent-A-Car
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
lease of Counter Space 828 and cargo space, Airport Terminal Building, to Avis
Rent-A-Car for a period of one year at an annual rental of $762.48 and commissions
as outlined in Schedule A attached to the lease.
Councilman Whelan inquired if item 2 (2) of Schedule A conformed with the last lease
with Avis and was informed by the City Manager that he would look into the matter and
review Ust yeRr's lease. Councilman Malston stated he would like strict Administrative
enforcement under item 85 Treatment of Demise not only for the Avis area but all other
tenants within the Terminal.
MOTION - AMENDMENT
Cowteilman Whelan moved, seconded by Councilwoman Glick, to amend the motion
for approval contingent upon review of last year's lease by Administration to determine
if the renewal is in compliance, particularly under item 2(2) of Schedule A.
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Motion passed unanimously by roll call vote.
MAIN, AS AMENDED
Passed unanimously by roll call vote.
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0-15: Assignment of Lease
0%V40TION:
Councilman Whelan moved, seconded by Councilwoman Glick, for approval of assignment
of lease of Lot 9, Block 1, Cook Inlet Industrial Air Park from Teamsters Local 959
Building Corporation to Alaska Mutual Savings Hank.
Motion passed unanimously by roll call vote.
0-16: _Request for survey & plat of Airport Lands
Mr. Wise advised that the City had received a formal request from Arctic Aviation
to survey and plat the property adjoining the south taxiway on the Airport for lease
to be used as additional aircraft parking and tie -down.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for approval of
platting and surveying of the area requested by Arctic Aviation.
Councilwoman Glick stated that the City's policy in the past has been to require a
conceptual lease application prior to survey and platting.
MOTION - AMENDMENT
Councilwoman Glick moved, seconded by Councilman Maiston, that Arctic Aviation
be requested to submit a conceptual lease application to the Kenai Advisory Planning
Commission prior to surveying/platting and appraisal.
Motion passed unanimously by roll call vote.
MAIN, AS AMENDED
Passed unanimously by roll call vote.
Payment to Project Managers Alaska, Inc.
City Manager Wise requested that approval of payment to PMA be contingent upon
receipt of necessary documentation relative to personnel resumes and description
Of firm as required by EDA .
MOTION:
Councilman Whelan moved for approval of payment to PMA contingent upon receipt
Of necessary documentation as required by RDA.
Motion died for lack of second.
Councilwoman (flick stated that she felt the documentation was required by EDA and as
PMA has been asked to submit the information and has not complied to date, that they
should be requested to adhere to the stipulations of the contract PMA signed with the
City of Kenai.
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0 -18: Float Plane Coveraao
City Manager Wise advised that the City has no present insurance coverage on the Float
Plano Basin and though the Basin is not maintained by the City nor recognized by the FAA
the City assumes a certain amount of responsibility by authorizing admittance to the area
by float plane operators. Councilman Whelan stated he felt the City should have coverage
but should determine a way in which to recover costs from the oprators to help off -set the
City's expense. Councilman Malston agreed and stated that the individuals using the
area should be assessed some type of fee and requested that Administration return with
a proposal relative to the matter.
MOTION:
Councilman Malston moved, seconded by Councilman Whelan, for authorization for the
City to retain additional insurance for the Airport Float Plane Basin with Emery Inlet
Insurance Agency.
Motion passed unanimously by roll call vote.
0-19: Approval Of proposed water h sewer engineering projects
City Manager Wise advised that the following list had been presented to the Planning
Commission for their review and they recommended approval: Engineering of Airport
Way between the Spur and Trading Bay for sewer; Engineering for water/sewer
generally along the trace of the Spur from Forest Drive to Redoubt Blvd. and engineering
a stub down Redoubt to the end of the line at Mommsen; en
f Mai 8 gineering for water/sewer on
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n tree& from the Spur to Willow; engineering for water/sewer on the presumed
extension of Lawton, on Tinker Lane, to the vicinity of Swires Road; engineering of a
water loop line between Inlet View and Central Heights and engineering of a sewer line
extension on Willow from the Airport Terminal to the vicinity of the Tower.
City Manager Wise further reported that there was $150, 000 in CEIP funds available for
the proposed work,
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for a
to proceed with the engineering on the proposed projecta as submitted.approval of Administration
Motion passed unanimously by roll call vote,
RECESS
Council recessed at 10:40 P.M, to reconvene Thursday at 5: 30 p,m, at the Public Safety
Building.
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RECONVENE - TLURSDAY, JULY 6th
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The regular meeting of the Kenai City Council was reconvened �
5:30 p,m, with Councilman Aber present for this session and Councilman cnci man Whelan absent.
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0-20: Payment to anti ear - WataE Wall Pr ect 07-•O1-01084
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for approval of paymont
to Harold H. Galliett, Jr, on Water Well Project 07-01-01684, in the amount of $034.32
as amended.
Motion passed unanimously by roll call veto.
MOTION:
Councilwoman Glick moved, seconded by Councilman Aber, for approval of
Periodic Estimate No. 3, Rockford Corporation, Improvements to Water Supply a
Distribution System, in the amount of $36,048,48, as amended.
Motion passed unanimously by roll call vote.
0-221 Discussion - Change Orders for Tank Proieot
City Manager Wise presented proposed change orders relative to the tank project
now underway and requested Council consideration for approval of Change Order
now numbered as 3 and Change Orders now numbered as 4 and 5. Mr. Wise advised
that Change Order 3 referred to the use of continuous welds on knuckle clips of the
tank and 04 is to extend steel safety railing 6' right and 6' loft from open ends of ladder
landing railings for an approximate cost of $1,000 and Change Order #5 in the amount of
$8,000 is intended to provide that the overflow from the float plena basin be carried
down the deep drainage channel and safely past the pump houses. City Msnager'Wise
stated that one consideration on Change Order 8 as to the type of generator (gas, electric,
or diesel) must be made by Council. City Manager Wise also commented that relative to
Change Orders l and 6, he had certain reservations especially on costing and would be
investigating the matter in more depth prior to a recommendation.
After considerable Council discussion, the following action was taken and instructions
to Administration were gii-va accordingly,
MOTION:
Councilman Malston moved, seconded by Councilman Aber. for approval of Change
Order 03 in the amount of $2,307.77 (continuous welds on knuckle clips for the tank)
as recommended by the Engineer on the project,
Motion passed by roll call vote with Councilwoman Glick voting no.
MOTION:
Councilman Aber moved, seconded by Councilman Malston, to instruct Administration
to proceed with definitive pricing information on the remaining Change Orders 1, 2, 4,
5, and 8 and present same to Council at the next regular meeting.
Motion passed unanimously 1)3, roll call vote.
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1 a-23: Gas leases - Union Oil Company
City Manager Wise advised that Union Oil Company is forming a Cannery Loop Unit
which encompasses essentially all of Kenai for the purposes of oil exploration and
has submitted eight leases to the City for sub -surface rights of City owned lands.
City Attorney Sohlereth advised that in reviewing all leases he had contacted a Mr. Rod
Smith with the USGS group who stated that the leases are standard and are no different
than those entered into by the Federal Government relative to the same subject.
MOTION:
Councilman Malston moved, seconded by Councilwoman chick, for authorization for the
City Manager to enter into gas and oil leases and Unit Agreement with Union Oil Company.
Motion passed unanimously by roll call vote.
H. REPORTS
H-1., City Manager Wise reported that Librarian Emily DeForest had requested permission to
attend the Pacific Northwest Library Conference in Anchorage during August at no cost
to the City. Council so conourred.
(b) Chief Walter Winston requested Administrative Leave to attend a conference August 8th is 9th
which all costs incurred for his travel will be paid by the State.
110) City Manager Wise reported that $6,000 has been allocated for a replacement vehicle for
the Fire Chief and Mr. Wise requested authorization to advertise for bids for a stationwagon
or a 4-wheel drive vehicle which also could be used for transporting victims from areas
difficult to get into with the ambulance. Mr. Wise stated that he would require Council
authorization as the bid will exceed the budgeted amount. Mr. Wise stated that additional
funds would come out of the Fire Department budget.
MOTION:
Councilman Aber moved, seconded by Councilwoman Glick, for authorization for Administration
i s to include a stationwagon and/or 4-wheel drive vehicle in the bid specifications for the
replacement vehicle for the Fire Chief.
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Motion passed unanimously by roll call vote,
(d) City Manager Wise stated that as time is of the essence, he would request Council
authorization for CH2M Hill to prepare an application for Airport drainage, lights, paving, etc,
The FAA has advised that funds are avilable for this type of work, however, there is
a problem wherein it has not been determined as to amount of overlay on the runway
but CH2M Hill and the FAA will enter into discussion to resolve the matter. Mr. Wise
reported that the cost for the additional work will be approximately $30, 000 , however,
the Council will have to give authorization prior to passage of an ordinance to provide
funding M they so wish,
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7/418, Pare Thirteen
MOTION:
Councilman Aber moved, seconded by Councilwoman Glick, for authorization for CH2M Bill
to proceed with necessary engineering on the proposed Airport project.
Motion passed unanimously by roll call vote.
Council directed Administration to prepare an emergency ordinance for presentation at
the next meeting to provide proper funding for the project.
(a) Relative to Water/Sower Project (General Aviation Line), Mr. Wise reported that there
was $00,000 in excess funds available and requested authorization to request that
Wince-Corthell engineer modifications to Sewer Lift Station for plans and specifications
for an amount not to exceed $5,800.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval to authorize
Wince-Cortholl to proceed with engineering of modifications to sower lift stations for plans
and specifications and such engineering work not to exceed $5,800.
Motion passed unanimously by roll call vote.
MAYOR A COUNCIL - QUESTIONS AND COMMENTS
Councilwoman Glick inquired as to the status of the Lilac Street situation and also noted that
contractor Don Brown has indicated he will start construction on Lupine July 10th and it
was Councilwoman Glick's understanding that the Council had requested a delay on Lupine
until the Lilac Street situation had been resolved and, in addition, the requests from residents
on Lupine not to up -grade have yet to be resolved. Public Works Director Kornelis stated
he would have to furnish the contractor the request in writing not to proceed with Lupine.
Public Works Director Kornelis also reported that after the last meeting of Couneri and
the problems with Lilac Street, he had met with Wince-Corthell and discussed the possibility
! , of lowering the street 8", raising the ditches or lengthening the culverts and W-C advised
that the sheet showing the scale was so small it was difficult to read and W-C has since
investigated the problem and found in some areas that the street is 2-0" too high and the
contractor should be required to return and grade the road to specifications. Council
requested that the contractor proceed with grading the road to spec and the Administration
then meet with residents and report back to Council.
Councilman Malston stated that he had received several calls from residents of Lupine Street
who objected to any up -grading of their street. Councilman Aber stated that the reason
Lupine was selected to be worked on was that they were at one time a bus route and the
bus continuously became stuck in the winter s the street caused flooding and drainage problems
which have been very serious in the past. Public Works Director Kornelis stated that the
calls he received from residents of Lupine were such that they objected to the increase
in traffic flow the up -graded street would cause, would improve the value of their property
and no longer were a bus route.
After considerable Council discussion, Councilwoman Glick suggested that no future
street improvements be made until a public hearing is held and the residents given the
opportunity to voice their opinions. Councilman Malston stated he would request that
Administration most with the residents of Lupine and discuss the project in detail.
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7/.Q/78 - Pago Fourteen
Council concurred that at the next meeting of Council, Administration should:
(1) Should present estimates on additional work on Lilac;
(2) Report on grading to spec done by contractor;
(3) Report on meeting with residents of Lupine and outcome of discussions.
City Manager Wise requested that Council authorize Administration to "hold" work
on Lupine pending outcome of meetings with the residents of that street.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, that the City instruct the
contractor to complete pending work on Lilac prior to moving ahead on any new projects for
the City and not to begin reconstruction of Lupine until such time the Council has authorized
such work.
Motion passed unanimously by roll call vote with Councilman Aber abstaining due to
business involvement in the subject projects,
CHANGE OF ZONING
City Manager Wise reported that a request for rezoning a parcel of land on the Spur from
rural residential to general commercial had been presented to the Planning Commission and
failed by tie vote for approval. However, when the matter was presented to the Borough
Planning Commission, the Borough instructed the matter return to the City where the request s
passed. Mr. Wise reported that the Borough Planning Department had recommended denial
of the request and agreed as it would create "spot zoning". Administration does not feel that
the land is desirable for general commercial (wetland severity, poor highway access, eta.)
Councilwoman Glick further reported on the matter and stated that she too was opposed
to "strip zoning" and stated there is also some question with regard to a frontage road required ,
for commercial use as , there is not enough room on this parcel for a frontage road and would
question it being allowed in the road ROW and in a similar instance there was a developer -
on Kalifonsky Road who desired to use the State ROW for a frontage road and it was denied
him and his ROW width was 2004, Councilwoman Glick further stated that the applicants
alluded to the fact that their intent was for a commercial greenhouse and Councilwoman Glick
commented that this intended use was in compliance with the present zoning, Councilwoman
Glick requested that Council offer their comments and instruct her as the matter will be
before the Borough Planning Commission at their next meeting, Councilwoman Glick further
commented that Councilman Ambarian also was opposed to the rezoning request.
Councilman Malston stated that though he did not agree with "spot zoning" he did not feel
the area in question was conducive to anything but commercial use,
Couneilmembers O'Reilly, Aber and Glick concurred that they wised to see the request
for rezoning opposed and the City shall proceed accordingly,
H-2: City Attorneys Report
City Attorney Sehlereth reported that Rev. Larrsbee of Kenai Baptist Temple has agreed to
pay the City of Kenai a settlement offer of $1,600 as a fine for violation of the zoning
ordinance and would pay $300 immediately and $100 per month thereafter until such time the
fine is paid in MI.
MOTION,
Councilman Malston moved, seconded by Councilwoman Glick, that the City accept the
offer of $1,500 in settlement for violation of zoning ordinances from Kenai Baptist Temple.
Motion passed unanimously by roll call vote,
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/7/0118 - Page Fifteen
H-3: Mayor's Report
i� Mayor O'Reilly advised that there will be a reception at the King George with
representatives from the City, KNA and ALPETCO on July 28th at 7 p.m.
H-4: City Clerk's Report
None
H-5: Finance Director's Report
None
H-6: Planning a Zoning Commission's Report
Councilwoman Glick reported on the meeting of June 28th in which the Commission
held a public hearing on a petition to rezone a portion of Black Gold Estates from
Suburban Residential to General Commercial - the matter will now go before the
Borough Planning Commission; reviewed preliminary plat of Len -Mar Plat with revised
plat of widened street right-of-ways: approved the development plan of Mr. Roper's
application for lease of City lands; approved request for Hobby Shop business operation
on Lilac Street; discussed extension of development plan for Lot 1, Block GAA (Andy's
Flying Service); approved continued use of a camper repair business at the corner of
Strawberry Road and the Spur Highway until such time a variance hearing can be set
upon application within 24 hours.
H-7: Borough Assembly's Report
None
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1-1: Councilman Malston inquired as to Administration's intent to close out the BOR projects
and was advised that the work has been completed, however, it has not been properly
charged. Also, an auditor will be traveling to Kenai to work with the Finance Department
and review the projects. Councilman Malston also stated that he had noted that the
park located in the 4th/Birch area was in dire need of repair work as large holes existed
in and around the swings, etc. and created a potential hazard. City Manager Wise stated
that he would request the Parks and Recreation Director to make the necessary
repairs.
ADJOURNMENT
There being no further business to be brought before Council, Mayor O'Reilly adjourned
the meeting at 8: 30 p.m.
M
Respectfully submitted,
Sue . Peter, City Clerk
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