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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 1 1 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. J ,7-5-70, Page 2 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. 1 Page 3 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. r, ,... ' 7/5/?6 - Page Pour 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, G J 0 ■ Page Five 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. j i x. m.:r.. , . 7/5/70 - Page Six 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." 9 7/S/76, Page Seven 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. 1 i 0 F --- RL .7/6/70 - Page Eight 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. i 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 - 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. r Motion passed unanimously by roll call vote. 5 .. t -, 1 9 � G y II 9 I F- 1 El 7/5/6 - Page Nine 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. ko Motion passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. h s(Z9 N 7/5%98 -Page Ten 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. A 6- / _ ,r 7/5/78 - Pago Eleven la 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 �!I 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 $150, 000 in CEIP funds available for the proposed work, MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for a to proceed with the engineering on the proposed projecta as submitted.approval of Administration Motion passed unanimously by roll call vote, RECESS Council recessed at 10:40 P.M, to reconvene Thursday at 5: 30 p,m, at the Public Safety Building. I RECONVENE - TLURSDAY, JULY 6th i The regular meeting of the Kenai City Council was reconvened � 5:30 p,m, with Councilman Aber present for this session and Councilman cnci man Whelan absent. f ;i. 7/$/78 - Pap Twelve 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. E t ,, it • 7/6/78 & 7/6/78 - Page Twelve 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. I 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, r 1 1 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. A - 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, v f �1 /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 9 rt. i i a R i �