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HomeMy WebLinkAbout1978-07-19 Council MinutesI • AGENDA - KENAI CITY COUNCIL - REGIII.AR 51EETING JULY 19, 1978 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. BOLL CALL AGENDA APPROVAL B. HEARINGS 1. Ordinance 419-18, Repealing Chapters 10 a 13 of the Code (Penalties a Offenses) 2. Ordinance 420-78. Enacting Chapter 20 of the Code - Mobile Food Vender 3. Ordinance 422-70, Increasing estimated rovenueo/appropriatlons "Airport Runway Paving Project and Declaring an emergency 4. Abatement of Public Nuisances C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. Joseph Langston - Central Heights S/D - City water 2, Mr. Jack Thomyson " Pretest of lease rate increase (Lot 10 Alyeska Subdivision) J 'n e;. 7u tl,Mt Lieu-�e, C��,, ti D. UINUTES 1. )ulnutes of the regular meeting of July S. 1978 E. CORRESPONDENCE 1. First Bapdst Church - request to hold revival on City owned lauds F. OLD BUSINESS 1. Lilac Street - EDA Project 07-51-26998 - coat estimates from engineer O. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Approval of requisitions exceeding $500 3. Ordinance 421-78, Declaring public nuisances exist on certain parcels within the City 4. Ordinance 423-10, increasing estimwted revenues/appropriations in Airport Land System S. 'Or'dlnanee 42448. Amending Ord . 400-78. policies a procedures in lass of Airport lands S. Resolution 78-114, establishing regulations a updating rates for rental of Ft. Kenay T. Resolution 78-115, Transferring of funds - purchase of mailing equipment o postage meta S. Resolution 78-116, Authorising purchase of three portable ridto units for Police Dept, 0. Resolution 78-117. Authorizing audit of Capital Project Fund "Kenai Community Library" 10. Resolution ?MIS, Transfer of funds - Capital Project Fund "Aiport Drive Paving" II. Resolution 78-119. Transfer of funds - Capital Project Fund "Redoubt Way Paving" 12. Resolution 78-120. Trsnsfa of funds within LPW Capital Projects 13. Resolution 78-121. Authorising sale of surplus tanks from shallow well buildings 14. Lase of City owned lands - Kenai Pentasula Community Case Center 18. Assignment of assignment of sublease - Lot 1-A, Deshka Subdivision 16. Payment to Project Managers Alaska, Inc. - Surveying services on LPW Projects 17. Payment to Peat, Marwick, Mitchell a Co.-1970/77 Council on Aging i Nutritional Audits � 10. payment to Wirtea-Corthell for various engineering projects authorised by City 10. Ratification of telephone poll - Payment to Project Managers Alaska, fnc. 20. Ral3ticatimt of telephone poll - removal of three power poles on Mau Way 21. Reduce"" of telephone poll - upgrading of Lupine way i H. REPORTS 1. City Monager'a Report 2. City Attorney's Report S. Mayor's Report 4. City Clerk's Report S. Finance Director'slteport S. Planning a Zoning commission's Report i I. Swoop Assembly's Report I. PERSONS PRESENT HOT SCHEDULED TO BE HEARD i AVJOURN113ENT KENAI CITY COUNCIL - REGULAR MEETING JULY 10, 1978 - 7: 00 P.M. 00JONAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A . ROLL CALL Present: Phillip Aber, Edward Ambarian, Betty Glick, Ron Malston and Vincent O'Reilly Absent: Dan Whelan and Tom Ackerly AGENDA APPROVAL The following addition to the agenda was approved: C-3: Mrs. Gail Glad - Civic Center Report B. HEARINGS B-1: Ordinance 410-78, Repealing Chapters 19 and 13 of the Code (Penalties & Offenses) Mayor O'Reilly read Ordinance 419-78 by title only. "An ordinance of the Council of I, the City of Kenai repealing (a) Chapter 19 of the Kenai Code of 1983 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 XIII in recodified form. 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 419-78, Title XIII, recodified form, Offenses and Penalties. Motion passed unanimously by roll call vote. Y B-2: Ordinance 420-78, Enacting Chapter 20 of the Code - Mobile Food Vender Mayor O'Reilly read Ordinance 420-79 by title only. "An ordinance of the Council of the City of Kenai enacting Chapter 20, Mobile Food Vender of Title V of the Kenai Code." Mayor O'Reilly opened the hearing to the public. There was no comment. p -- - - MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for adoption of -- Ordinance 420-78, Chapter 20 of the Code, Mobile Food Vender. Motion passed unanimously by roll #-all vote. i t i t , 1 � i i tI I I I -2- A-3: Ordinance 422-78, Increasing estimated revenues/appropriations "Airport Runway Paving Project and Declaring an emergency" Mayor O'Reilly read Ordinance 422-78 by title only. "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations by $30,000 in Capital Project fund entitled "Airport Runway Paving Project No. 78-2" and declaring an emergency." Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 422-78, "Airport Runway Paving Project No. 78-2" and declaring an emergency for immediate passage. _ Councilman Ambarian inquired the reasoning as to why City crews were being utilized in this project when funds had been appropriated to contract with CH2M Hill. City Manager Wise stated that as time was of the essence, it was necessary to implement the program in order to qualify for the grant and using City crews and equipment would lessen the costs of the project. Mr. Wise further reported that the time of the City crews and use of the equipment would be charged against the project. QUESTION: W Motion passed unanimously by roll call vote. -B-4: Abatement of Public Nuisances Mr. Wise reported that the following items are being presented for consideration and public hearing: Miscellaneous junk - located on Lot 16, Block 5, (old Armory Building) owned by W . R . Jahrig and miscellaneous junk - located on Lot 19, Block S, owned by Clayton A. Ervin of Anchorage. Mayor O'Reilly opened the hearing to the public for comment. ! ' Mrs. Sandra Vozer - requested that the City proceed as soon as possible with the above s subject abatement as the "junk" located on the parcels of land were declared a public nuisance as far back as 1972 and still existed causing an unsightly view the across street from her residence and apartment complex. There was no further public comment. Councilwoman Glick commented that there were many areas in the City which should be cleaned up and requested Administration proceed with reviewing the overall situation. �= Mayor O'Reilly advised that the matter would be brought up again under item 0-3. -3- C. PERSONS PRESENT SC1iEDULED TO BE HEARD ORF—lo. Mr. Joseph Langston - Central Hoights Subdivision Mr. Langston inquired as to the problem with the City water in that it was very discolored and ruining laundry, etc. City Managor Wise advised that the City has been attempting to pump the debris and other matter out of the linos as that is the suspected problem causing the discoloration. Mr. Wise further reported that the City is hopeful that within 90 days the water will clear up. C-2: Mr. Jack Thompson Mr. Thompson came before Council to protest the increase in the yearly Lease rate on Lot 10, Alyeska Subdivision (Post Office location). Mr. Thompson stated that the new rate was a 500% increase over the old and, in addition, Mr. Thompson advised that he had a contract with the United States Government which did not expire for two additional years and the increase in rate could not be absorbed by his tenant. Mr. Thompson requested, per his lease agreement with the City, to negotiate a rate that would be fair and equitable for all concerned. Councilman Malston questioned the increase in Mr. Thompson's rate in that parcels of property adjacent to the lot in question were recently leased by the City at = .08 sq . ft. r and the City was levying a charge of $ 30 for Mr. Thompson's property. City Manager Wise advised that the property just recently leased had been re -appraised last year and thus the factor for determining the rate -- Mr. Thompson's property was just recently i appraised. Councilman Ambarian reminded Council that the City does not negotiate leases and if the City should start doing so below appraisal, the City would have to supplement the Ai rport fund. Councilman Aber suggested obtaining another appraisal and Mayor , O'Reilly advised that this option was also open to Mr. Thompson. Councilman Malston stated in his opinion the Council should take into consideration the fact that Mr. Thompson has been leasing the subject property for 10 years and that he is willing to pay an increased rate within reason. Councilwoman Glick pointed out that in the 10 years Mr. Thompson has been leasing the property from the City, his lease rate has never been increased from its original amount. MOTION: Councilwoman Glick moved, seconded by Councilman Malston that the City of Kenai set the lease rate for lot 10, Alyesks Subdivision, at $.08/sq. ft. for a two (2) year period or until expiration of lease agreement between Mr. Thompson and his tenant (the U. S. Government) at which time the City Lease rate will increase to $ .149/sq . ft, ' Councilwoman Glick stated that the special circumstances existed due to the fact that Mr. Thompson has been a lessee since 1988 and, in addition, he has a looked- in tenant for two more years, Mr. Thompson stated that he would not be interested in the proposed motion as in two years the City would again increase the rate to an amount Mir, Th!+s!ipsoi, stated that he felt was not fair and equitable, WUESTION: Failed by roll call vote. Voting no; Aber, Ambarian, and Malston. Voting yes; Glick and O'Reilly. -4- MOTION - TABLE Councilman Ambarian moved, seconded by Councilwoman Glick, to table the matter of 01� protest of lease rate increase until the next regular meeting of Council. Motion passed by roll call vote with Councilman Malston voting no. Mr. Thompson advised Council that he would have to travel back to the area from his home in the Pacific Northwest. MOTION - RECONSIDERATION: Councilman Aber moved, seconded by Councilman Malston, for immediate reconsideration of item C-2. Councilman Ambarian stated that the reason he had requested the matter to be tabled was to enable the Council to give proper time in considering the request which may ultimately result in affecting all lessees of City owned lands. QUESTION: Motion failed by roll call vote. Voting no; Ambarian, Glick and Malston. Voting yes; Aber and O'Reilly. C-3: Mrs. Gail Glad - Civic Center Committee Report Mrs. Gail Glad, Chairman of the Civic Center Committee, submitted a report to Council for consideration in which the Committee has completed an analysis of site location, functional requirements of the Center, and space requirements. Mrs. Glad stated that two possible locations being considered were at Airport Way and the Spur (approximately 6 acres) and Pidalgo Subdivision (approximately 4 acres) . Mrs. Glad requested that Council review the proposal and consider authorizing the Committee to proceed with a grant request to have an architectural concept/drawings prepared. City Manager Wise reported that an area (known as the Well Sito fl) was available fronting on the Spur behind the Look* Building. Mrs. Glad and architect Carmen Gintollt will look into the location suggested by Administration. Councilman Malston inquired as to a dollar figure at this time and Mr. Gintolli advised that based on a 30,000 square foot building and because of the multi- use of the building, the cost would be approximately $3 million. Mayor O'Reilly thanked Mrs. Glad and Mr. Gintolli for coming before Council and advised that they and their Committee had done a commendable job in putting the report together and further commented that Council would review the proposal for the project. D. MINUTES D-1: Minutes of the regular meeting of July 5, 1078 Councilwoman Glick requested that the following corrections/additions be made to the minutes.. Page 10 - item 0-16 -- amendment to motion to state that Arctic Aviation be requested 601) to submit a conceptual lease for area in question to the Kenai Advisory Planning a zoning Commission for recommendation to Council prior to surveying, platting and appraising. ff- � f �s- Page 14 - under comments on "Change of Zoning", Councilwoman Glick stated that the minutes should be corrected to reflect her comments as follows: ".......and there is also /0� 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 Beach Road who desired to use the State ROW for a frontage road and it was denied him and his ROW width was 2004." The minutes stood approved as corrected. E. CORRESPONDENCE E-1: First Baptist Church Mayor O'Reilly advised that the First Baptist Church requested permission to hold a revival on the lot adjacent to the Greater Kenai Chamber of Commerce July 24th thru July 30th. Mr. Wise stated that he would recommend the City authorizing the area known as the FAA Housing Area. MOTION: Councilman + Ambarian moved, seconded by Councilman Aber, that the First Baptist Church be allowed to use the "Old Runway Area" to hold their revival meeting and further that they comply with the City sign ordinance and carry proper liability insurance. Councilwoman Glick stated that as the old runway area would be very dusty, perhaps the FAA Housing Area should be strongly considered. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to amend the motion to grant permission for use of the FAA Housing Area for the scheduled revival. Councilman Ambarian stated that he would be concerned with all the rain that the use of the FAA Area would damage the football fields prior to the upcoming season. QUESTION: Amendment passed by roll call vote with Councilman Ambarian voting no. MAIN, AS AMENDED: ?J Passed by roll call vote with Counoilmembers Aber and Ambarian voting no. F. OLD BUSINESS F-1: Lilac Street - EDA Project 07-81-26908 - cost estimates from engineer — City Manager Wise advised that Wince-Corthell, per Council request, submitted a letter _ of cost estimates for making corrections, etc. to the Lilac Street project. Such cost items included the cost to lower the entire road six inches; the cost to raise the ditches 6 Inches and the cost to lengthen the culverts 6 fed on each side. Mr. Wise reported that Administration had not i et met with residents of the area and would not do so until such time these cost figures could be presented plus the contractor needed to complete the project and bring the street to final grade. e ti I � :_ - 6 - MOTION: Councilman Ambarian moved, seconded by Councilwoman (hick, that the City request the contractor on the above named project to bring the street to final grade after which Admini- stration is authorized to call for a work session on site with members of the ad hoc committee, residents, of al and return to Council with a recommendation from the ad hoc committee to resolve the matter. Motion passed unanimously by roll call vote. 0. NEW BUSINESS 0-1: 13ills to be paid - bills to be ratified MOTION: Councilwoman (Hick moved, seconded by Councilman Malston, for approval of bills to be paid and bills to be ratified as listed. Motion passed unanimously by roll call vote. 0-2: Approval of requisitions exceeding $500 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of those requisitions exceeding $600 plus (per .Administration request) the requisition to to Kenai Auto for painting to be charged to the Fire Department in the total amount of $1,442. Motion passed unanimously by roll call veto. 0-3: Ordinance 421-78, Declaring public nuisances exist on certain parcels within the City Mayor O'Reilly read Ordinance 421-78 by title only. "An ordinance declaring that public nuisances exist on certain parcels of real property within the City of Kenai" MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, for introduction of Ordinance 421-78 and setting abatement of such public nuisance by September 2,1978. Motion passed unanimously by roil call vote. Councilman Aber stated that he would like the record to show that much improvement has been made as far as clearing away some of the materials from Lot 18 and 19. 0-4: Ordinance 423-78, Increasing estimated revenues/appropriations in Airport Land System Mayor O'Reilly read Ordinance 423-78 by title only, "An ordinance increasing estimated revenues and appropriations in the Airport Land System Fund by $9,000," aMOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance 423-79, increasing estimated revenues/appropriations in tho amount of $8,000 in the Airport Land System. I at City Manager Wiso reported that he would like to provide funding for the purchase of a vehicle to be used exclusively on the Airport as soon as monies were available to hire /� an Airport Operation Manager. QUESTION: Motion passed unanimously by roll call vote. G-5: Ordinance 424-78, Amending Ord. 400-78, policies s procedures in lease of Airport Lands Mayor O'Reilly read Ordinance 424-78 by title only. "An ordinance amending Ord. 400-78 establishing policies and procedures relative to the lease of Airport Lands", MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance 424-78, amending Ord. 400-78, lease of Airport Lands. Councilman Malston requested that the City Attorney draft pertinent language for revision within the ordinance relative to sublease policies to be presented at final hearing, QUESTION: Motion passed unanimously by roll call vote. 0-8: Resolution 78-114, rates for rental of Ft. Kenay Mayor O'Reilly read Resolution 78-114, establishing regulations and updating rates for rental of Port Kenay." Mayor O'Reilly opened the meeting to the public for comment. There was none, MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution No. 78-114, establishing regulations and updating rates for rental of Port Kenay, f Motion passed unanimously by roll call vote, i G-7: Resolution 78-115, Transfer of funds Mayor O'Reilly read Resolution 78-115 by title only, "A resolution of the Council transferri �� funds within the 1078 79 General Fund Budget and authorizing the City Manager to contract P with American Mailing Equipment Corporation for the purchase of mailing equipment and OW rental of a postage meter." i Mayor O'Reilly opened the fleet to the t � public. There was no comment. � MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution 78-115 authorizing the City Manager to contract with American Mailing Equipment Corp, for the purchase of mailing equipment and the rental of a postage meter. Motion passed unanimously by roll call vote, I I -8- G-8: Resolution 78-118, authorizing purchase of three portable radios Fj Mayor O'Roilly read Resolution 78-116 by title only. "A resolution authorizing the purchase of three portable Motorola radio units for the Kenai Police Department without the necessity of competitive bidding." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution No. 78-116, authorizing the purchase of three portable Motorola radio units for the Police Department for a price not to exceed $1, 500 each. Motion passed unanimously by roll call vote. G-9: Resolution 78-117, Authorizing audit of Capital Project Fund "Kenai Community Library" Mayor O'Reilly read Resolution 78-117 by title only. "A resolution authorizing Peat, Marwick, Mitchell n Co. to conduct an audit of the City of Kenai Capital Project Fund entitled "Kenai Community Library" and rescinding Resolution No. 78-46." Mayor O'Reilly opened the meeting to the public. There was no comment. City Manager Wise reported that Res. 78-46, passed March 15th approved this audit, however, the amount needed to be adjusted from $700 to $1,000 which is the billing from Peat, Marwick to the City for the work completed. MOTION: Councilman Ambarlan moved, seconded by Councilman Malston, for adoption of Resolution 78-117, authorizing Peat, Marwick, Mitchell 0 Co. to conduct the audit of the "Kenai Community Library" capital project and rescinding Resolution 78-46. Motion passed unanimously by roll call vote. 0-10: Resolution 78-110, Transfer of funds - "Airport Drive Paving" Mayor O'Reilly read Resolution 78-118, transfer of monies within the Capital Project Fund entitled "Airport Drive Paving" from contingency ($8,713) to construction - $8,713 for the installation of fencing at the center short-term parking lot an amount of $8,218 and barrier posts at an amount of $495." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolution 78-118, transferring funds within the Airport Drive Paving fund in the amount of $9,713. W Motion passed unanimwusly by roll call vote. -9- 0-11: Resolution 78-119, Transfer of funds - "Redoubt Way Paving" Mayor O'Reilly read Resolution 78-119, transfer of monies within the Capital Project Fund entitled "Redoubt Way Paving" from contingency - ($300) to inspection - $300 for the excess of the inspection contract with PMA over the budget amount as approved by Ord. 371-77." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Mal ston, for adoption of Resolution 78-119, transferring monies within the Redoubt Way Paving project fund in the amount of $300. Motion passed unanimously by roll call vote. 0-12: Resolution 78-120, Transfer of funds within LPW Projects Mayor O'Reilly read Resolution 78-120, transferring funds within the following LPW Capital Project funds; from contingency to inspection for: Airport Drive Paving - $505; Water/Sewer Lines - $1,106; Redoubt Way Paving - $817; Street improvements - $4,523; and Fire Reservoir - $284 for the purpose of providing funds for surveying charges by McLane A Associates as billed to PMA plus 5% per invoice 921078R dated June 20, 1079. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolution 78-120, transferring monies within certain LPW Capital Project Funds as listed above to provide funds for surveying charges. Motion passed unanimously by roll call vote. 0-13., Resolution 78-121, Authorizing sale of surplus tanks from shallow well building Mayor O'Reilly read Resolution 78-121 by title only. "A resolution authorizing the Administration to sell to the Port of Kenai tanks that are in the shallow well buildings that have been declared surplus. Mayor O'Reilly opened the meeting to the public. Mr. Harold aalliett, engineer - Mr. dalliett representing the Port of Komi, stated that his client's bid to purchase the shallow well houses had been rejected, however, they were still interested in purchasing the tanks plus Mr. Calliett suggested that the City add $100 each per tank and allow the purchase to include pipes, fittings and appurtenances along with the tanks. W a H J" V- - -10-- Finance Director Ross Kinney inquired if Mr. Galliett know whether or not the well buildings had been built with Federal funds as Mr. Kinney cautioned the sale of any items built with grant funds. Mr. Galliott advised that he would have to investigate the matter. MOTION: Councilwoman ©lick moved, seconded by Councilman Malston, for adoption of Resolution 78-121, authorizing Administration to sell tanks from the shallow well buildings to the Port of Kenai. MOTION - TABLE Councilwoman Glick moved, seconded by Councilman Malston, to table Resolution No. 78-121, until the matter of original funding has been resolved. Motion passed unanimously by roll call vote. 0-14: Lease of City owned Lands - Peninsula Caro Cantor MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for approval of lease of FAA Housing Area, Buildings #105 and 106, to the Kenai Peninsula Community Care Center for a period of one year at the monthly rental of $770.25. Motion passed unanimously by roll call vote. 1;-15: Assignment, of assignment of sublease - Lot i-A Deshka Subdivision MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of assignment of assignment of sublease to State of Alaska, Director of Veteran's Affairs on Lot 1--A, Deshka Subdivision for purposes of collateral, Motion passed unanimously by roll call vote. G-18: Payment to Project Managers Alaska, Inc. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for approval of payment in the amount of $7,203.30 to Project Managers Alaska, Inc. for surveying services performed by McLane a Associates for the month of May,1978. Motion passed unanimously by roil call vote with Councilman Aber abstaining. 0-17: Payment to Peat, Marwick, Mitchell a Co. MOTION: Councilwoma" Glick moved, seconded by Councilman Malston, for approval of payment to Peat, Marwick, Mitchell a Co, in the amount of $500 in connection with audits of 1078 a 1977 Council on Aging Programs and 1077 Nutrition Program and the Library Construction audit. Motion passed unanimously by roil call vote. I C • er' • F o r , - 11- E E , 001 -10: Payment to Wince-Corthell & Associates MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of payment to Wino-Corthell & Associates for 1977 Street Projects engineering services in the amount of $7,220.44 (Invoice 77-33); payment in the amount of $2,616.93 (Invoice 77-43); ( and payment in the amount of $3,107 for construction support services change orders !, (Invoice 77-43) . 4 I Motion passed unanimously by roll call vote. G-19: Ratification of telephone poll - Project Managers Alaska, Inc. f E MOTION: p Council woman Glick'.moved, seconded by Councilman Malston, for approval of E ratification of telephone poll for payment in the amount of $14,640 to Project Managers Alaska, Inc. Motion passed unanimously by roll call vote with Councilman Aber abstaining. f E 0-20: Ratification of telephone poll - removal of three power poles on Kaknu Way City Manager Wise advised that this would involve relocation of three power poles. s Councilman Malston moved, seconded by Councilwoman Glick, for ratification of telephone poll to commit $2,364 to relocate power poles on Kaknu Way by Homer Electric, t, Motion passed unanimously by roll tali vote. I 0-21: Ratification of telephone poll - upgrading of Lupine Way City Manager Wise advised that Administration had met with residents of Lupine Way to up -date them on the construction work proposed for their street and Administraion then reported to Council of the outcome of the meeting. ` 1 MOTION: Omncilman Mdaton moved, seconded by Councilwoman Glick, to proceed with the project as proposed. f Motion passed unanimously by roll call vote. E H. REPORTS I H-1: City Manager's Report (s) Airport Master Plan Study - Mr. Wise advised that a public hearing on the proposed Airport Master Plan will be held at the next regular meeting of Council, August 2, 1978. I l =HE O*b) ISO - Mr. Wise advised that the Insurance ServiceR Office will be in Kenai to conduct their inspection the first of August relative to the fire rating. (c) Billboard - KNA - Mr. Wise reported that at the last meeting of the Commission, KNA requested a variance in order to place a billboard and business directory for the Wildwood site. The Commission, however, was unable to determine whether or not the request would require a variance, conditional use, etc. and Mr. Wise requested Council consideration on the matter in order to prevent any further delays for KNA. Councilwoman (click advised that the request for rezoning the area to general commercial will allow signs as a compatible use and the signs can be erected under a conditional use. Administration was instructed to poll the Commission with the request for granting a conditional use to KNA for erection of the proposed sign. (d) BOR - City Parks - Mr. Wise requested Finance Director Rofua Kinney to give a resume of the recent field audit of the City parks conducted by Federal Inspectors. Mr. Kinney reported that he accompanied two inspectors around to the various City parks that had been funded by the Bureau of Outdoor Recreation grants. Mr. Kinney expressed concern in that the City did not have proper documentation of various expenditures and work that had been charged off to the grants and the BOR inspectors indicated that the City would be required to provide the equipment, improvements, etc. as outlined In the grants. Mr. Kinney further stated that the government would not be acceptable to reimbursement of the monies extended to the City but would demand that the City comply with the grants and also the City would be responsible for maintenance on the Parks for 28 years in accordance with stipulations contained in the grants. Mr. Kinney listed various areas and specific parks in which the City was deficient. Councilman Aber requested that Mr. Kinney research City records as Mr. Aber stated when he was Public Works Director, he and the then acting Finance Director had spent several days in compiling records, corresponding with various agencies to resolve some of the questioned areas, etc. and Councilman Aber stated that perhaps the City could furnish BOR with updated information. Councilman Ambarian suggested that the City Proceed immediately with a counter -report based on some of the information that the City may have that BOR does not have on record. Councilman Malston stated that apparently a great deal of the work as required in the grants had been done, however, the City still has not maintained the parks to the standards that they should be. H-2: City Attorney's Report City Attorney Schlereth stated that he had included a proposed lease form in the Packets and in reviewing the form with attorneys for Serendipity and Carr-tlottstein Just a few minor changes were requested. Councilman rtalsic,.� inquired as to why the use of the lot and not just the raw land itself was taken into consideration during the appraisal and City Attorney Schlereth reported that the best use of the land was considered. Councilman Malston stated that he did not believe .iN this concept as the City of Kenai was not ready to set such stipulations and requirements on the appraisal . City Attorney Schlereth discussed various areas of question in the lease form relative to improvements to the lots being taken into eonsidor8dan (water/sewer, etc.) in appraisal, etc., however, Mr. Schlereth stated that most of the changes would be minor and would incorporate those which did not affect the language or the intent and return the form to the Council for review prior to drafting of final lease document. -13- (b) Councilwoman Glick stated that she had inquired as to the continued use of trailors rw) as offices in Old Kenai Townsite and had boon informed by the City Clerk that the City had passed an ordinance requiring that all such use be terminated as of January, 1978. However, the City Clerk had asked the City Attorney for an opinion on the matter and he indicated that with the passage of the zoning ordinance the former requirement would now be null and void, City Attorney Schlereth advised Council that he would prepare a written opinion on the matter for presentation at the next Council meeting. H-3: Mayor's Report Mayor O'Reilly requested Council confirmation on the appointment of Mrs. Karen Mahurin to the Planning Commission. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for confirmation of Mrs. Karen Mahurin to the Kenai Advisory Planning and Zoning Commission. Motion passed unanimously by roll call vote. (b) ALPETCO - Mayor O'Reilly submitted a copy of a letter from Borough Mayor Oilman to Mr. Ronald Dagon of ALPETCO relative to the selection of a site for the proposed facility and Mayor Oilman proposed two alternative site selections for consideration. Mayor O'Reilly requested Council comment on the matter. ,MOTION - EXECUTIVE SESSION Councilman Ambarian moved, seconded by Councilman Malston, that the Kenai City Council adjourn to an executive session for the purposes of discussing the ALPETCO site selection and such discussions shall be held in private with members of Council and the City Manager and City Attorney present as such matters, if discussed publicly, may have a financially adverse effeot on the City. Motion passed unanimously by roll call vote. RECONVENE MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that the following telegram be sent to ALPETCO relative to site selection: The Kenai City Council in session has reviewed the current ALPETCO situation, particularly as regards the necessary criteria for locations that are available in this area. Specifically, deep water, existing infrastructure, water supply, compatible industry and community acceptance. We wish to record our strongest support for the selection of Wildwood as the desired site. We are prepared to cooperate in a mutually advantageous manner to assist in the selection of this site. Signed; City of Kona; - Mayor Vincent O'Reilly and members of Council, A:. Motion passed unanimously by roll call vote, �H!-4: City Clerk's Report None I c r •� i ,,... rf�' iVr►A�F c. �,y ... ,1 H-5: -9- Finance Director's Report Ross Kinney, Finance director, requested Council authorization to allow the 1077-78 auditors, Coopers a Lybrand, to proceed with the audit of the EDA Water Well Project 07-01-01884 Mr. Kinney stated that this would be a very complex audit and would propose to sot the amount of expenditure for such audit not to exceed $2,054. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to authorize Coopers e Lybrand to proceed with the audit of EDA Water Well Project 07-01-01884 and such. audit not to exceed $2,054, Motion passed unanimously by roll call vote, Mr. Kinney reported that the auditors will return on the 31st of July to continue the annual audit. H-8: Planning a Zoning Commission's Report Councilwoman (click reported on the meeting of July 18, in which the Commission discussed the petition for variance for the operation of a camper repair business within a rural residential area and the Commission denied the request due to procedural problems and advised Mr. Brown that he would have to cease operation of his business no later than September 1, 1979, Councilwoman Glick reiterated discussions on the KNA request for variance to erect a sign and a public hearing was held on resolutions PZ 78-21 and 78-24 recommending amendments to the Kenai Municipal District Zoning Code, Chapter 21.76, Borough Code of Ordinances. Lease application from Mr. McCubbins for Lot 2, Spur Subdivision #1 was tabled as Mr. McCubbins was not present and the Commission approved a petition to vacate a portion of the 50 foot ROW known as 25th Ave. NE adjacent to the Rasmussen Subdivision, Also, the Commission approved the preliminary/final plat `yr Spruce Grove S/D . H-7: Borough Assembly's Report Mayor O'Reilly reported that among the items discussed, Tommy Corr introduced an ordinance asking for exemption of the second $10, 000 of real property and the matter was tabled until further review, Mayor O'Reilly also reported that the pay plan for the Nikiski Fire District were Presented to the Assembly and they just created a greater disparity between the Cities and the Borough's pay scales. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None ADJOURNMENT There being no further business, Mayor O'Reilly adjourned the meeting at 1., 45 a.m. Res ► Ott lly s rafi� (� ue C. Peter, City Clerk 4 I