HomeMy WebLinkAbout1978-09-06 Council MinutesI
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AGENDA
KENAI CITY COUNCIL - REGULAR AIEETWO
SEPTEMBER 0, 1978 - 7:00 P.M.
KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
A.
ROLL CALL
AGENDA APPROVAL
B.
HEARINGS
1, Transfer of Ownership of retail liquor license, Foodtown Liquor Store
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1, Andy Snrisky, protest of City's non -enforcement of Zoning ordinance ,
2. Sandra Vozar, speaking on: 1) public nu[xances; 2) Lilac Street; & 3) audience
not being able to hear at Council meetings
3. Rick Baldwin, representing Rogers, Baldwin. Arness a Arnoso Geese with City)
D.
51INUTES
1. Minutes of the regular meeting of August 10, 1978
2. Minutes of the special meeting of August 24, 1978
E.
CORRESPONDENCE
F.
OLD BUSINESS
1. Resolution No. 78-134. Alleged Public Nuhuneoe
2. Municipal Airport - Grass Landing Strip
0.
NEW BUSINESS
1. Bills to be paid - bills to be ratified
2. Approval of requisitions exceeding $500
3. Ordinance 420-78, Increasing estimated revenues/appropriations $5.000 - EPA Suit
4, Ordinance 427-76, Provide use by City Council of a Consent Calendar
S, Ordinance 428-71I. Juressing estimated revenues/app"pristions - Anti -recession funds
6, Resolution 78.142, Positional statement relative to applications for rezoning within City
7. Resolution 78-143, Transfer of funds, completion of Kent[ Slater Project Audit
S. Resolution 70-144, Transfer of funds, repair of doors In Terminal Building
6. Resolution 76-140, Transfer of funds, installation of lighting fixtures at Pt. Kenny
10. Resolution 78-146, Authorized signatures for deposit or withdrawal of funds
Ill. Resolution 76.147, Authorizing amendment to ADAP Grant Project 08-02-0142-02
12, Resolution 78-148, Attendance of Department Heads at Executive Sessions of Council
13. Resolution 78-149, Transfer of funds, LPW Projects for surveying charges
14. Les" of Airport Terminal Space, Vesta Leigh
IS. Payment to CH2M Hill - Sewago Treatment Plant Modifications a Facilities Plan
10. Payment to Carmen Gintoli, Architect, for services relative to Arctic Doors a Air Look Foyer
17. Payment to TRA/Fan - Airport blaster Plan Study
18, PaymeM to Project Managers Alaska, Inc. - Surveying services as billed by McLane
19. Payment to Ted Forsi a Associates - Fifth at, a Spur Highway waterline projects
20. Discussion - CEIP Grant Application requests
21. Discussion - Interim Modifications of Sewer Treatment Plant
22. Discussion - Gallion Grader
23. Discussion - HS 131, City entitlements
8.
REPORTS
1. City Manager's Report
2. City Attorney's Report
3. Mayor's Report
4. City ClwWs Report
5. Finance Director's Report
S. Planning i Zoning Commission Report
I. Borough Assembly Report
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PERSONS PRESENT NOT SCHEDULED TO SE HEARD
ADJOURNMENT
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I
lKENAI CITY COUNCIL - REGULAR MEETING
SEPTEMBER 8, 1978 - 7:00 P.M.
y KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A . ROLL CALL
Present: Dan Whelan, Tom Ackerly, Edward Ambarian, Betty Glick, Ron Malaton,
and Vincent O'Reilly
Absent: Phillip Aber
AGENDA APPROVAL
Approved as distributed
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, to adjourn the meeting
of Council promptly at U: 00 p.m. and if not all business has been transacted, the
Council will reconvene Thursday evening at 5: 30 p.m.
Motion passed unanimously by roll call vote.
B. HEARINGS
B-1: Transfer of ownership of retail liquor license - Foodtown Liquor Store
Clerk, Sue Peter, advised that all taxes were current for Foodtown Liquor Store
and the application for transfer of ownership appeared in order.
There was no objection to the transfer of ownership of retail liquor license for
Foodtown Liquor Store.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-i: Andy Sarisky
Mr. Sarisky objected to the non -enforcement of an illegal camper/trailer repair business
located at the Spur Highway and Strawberry Road. City Attorney Schlereth advised
Council that the matter had been reviewed by the Planning Commission in that
Mr. Brown, owner of the business, had been advised that he would need a special
permit to continue operation of his business and Mr. Brown applied for a "Conditional
Use Permit". Mr. Brown advised the Commission that when he purchased the property,
he had been advised that the area was zoned commercial rather than the
rural residential zoning that is presently in effect.
A determination from the City Attorney resulted in the non -applicability of the
"Conditional Use Permit" and Mr. Brown was given a certain period of time to
wind up his business operation and locate another site. Mr. Brown has not complied
W.
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September 8, 1978 - Page 2
with the decision of the Planning Commission and the City has received complaints from
adjoining property owners. Mr. Sehloreth advised Council that he had prepared a letter
which was signed by the City Manager, requesting that Mr. Brown cease operation of
his eampor repair business immediately and if Mr. Brown fails to comply, the City
will pursue legal action and enforce the zoning of the area.
C-2: Sandra Vozar
Mrs. Vozar stated that regarding the hearings on public nuisances, she felt very
strongly that her two alleged public nuisances were a form of harrassment. Mrs. Vozar
advised that she had received a copy of the Attorney's opinion relative to the questions
raised by Council at the last meeting in which he recommends that her properties be
dropped from the list. Mrs. Vozar stated that she would like a formal apology from the
City. Mrs. Vozar advised that Mr. Jahrig had left the State and not completed removal
of various public nuisances from his lot. Mrs. Vozar stated that the lot was to have been
cleaned up by September 2nd. Mayor O'Reilly advised the matter would be discussed
later in the meeting.
Lilac Street - Mrs. Vozar inquired why the residents of the area had not had a meeting
with the City Administration relative to their concerns of the upgrading of Lilac Street
as directed by Council. Mayor O'Reilly stated the matter would be addressed later
on in the meeting.
Not being able to hear at Council meetings - Mrs. Vozar stated that the audience was
unable to hear proceedings of the meeting as the acoustics were so poor in the room
and the Council chambers were not large enough to adequately hold all those who
wish to attend the meeting. Mayor O'Reilly stated that the City was in the process
of investigating various types of sound equipment that could be utilized effectively
for the Council meetings.
With consent of Council, contractor Don Brown presented photographs of materials
stored on Mrs. Vozar's property on Lilac Street which made construction and finish
up of the project difficult for his crew. Mr. Brown also advised that the project
on Lilac Street was finished to specifications. Relative to the alleged public nuisances
on her property, Mrs. Vozar advised that she and her husband had obtained a building
permit to construct three structures (multi -family dwellings) and the materials stored
on the lots were to be utilized for such construction.
r C-3: Rick Baldwin
Not present
D . MINUTES
D-l: Minutes of the regular meeting of August 18, 1078
Approved as distributed
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September 6, 1978 - Page 3
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D-2: Minutes of the special meeting of August 24, 1978
Councilwoman Glick requested the following corrections be made:
Page 3 - first paragraph -- ....... and sold to First National Bank in 1976 for
4.03......"
Page 4 - second paragraph -- "At Councilman Malston'a question, relative to the
current lease rate, it was revealed....."
Page 5 - fifth paragraph -- last sentence should be reconstructed to read: "The only
method by which the City could reach....."
Page 6 - first paragraph delete the names and state that four lots were leased.
Also in first paragraph - "......leased was to Browning and Henry and this lease...."
Minutes stood approved as corrected.
E. CORRESPONDENCE
E-1: Mayor O'Reilly advised that City Administration had responded to a request from
Phillip Petroleum in that the City had no objection to Phillips pursuing drilling in
Lower Cook Inlet. Phillips had to send the permit back to the State -- Administration
would probably be receiving similar requests from Marathon and ARCO. t
F. OLD BUSINESS '
F-1: Resolution 78-134, Alleged public nuisances
MOTION: !
Councilwoman Glick, moved, seconded by Councilman Whelan, to bring Resolution 78-134
back to the table.
1 City Attorney Schlereth reported to Council that as pointed out in his memo, the
City should proceed very carefully relative to abatement of public nuisances. Mr.
Schlereth stated that the City should extensively investigate the alleged nuisance --
take pictures, submit a full report to Council and proceed accordingly.
I Councilman Whelan stated that based on the Attorney's report, it would appear that
several of the alleged public nuisances should be deleted from the list. Councilman
iMalston stated that he would agree with comments of Councilman Whelan, however,
the City must make an exerted effort to sftrt a general clean up of the City.
Councilwoman Glick suggested that the City consider placing an ad in the local media
requesting the citizen's cooperation in cleaning up their yards and generally give
J notice that the City intends to proceed with an area -wide clean up campaign.
QUESTION:
Motion failed by roll call vote with Councilman Ackerly and Councilwoman Glick
voting Yes.
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September 0 , 1078, Page 4
Councilman Whelan stated that he would like to see Administration prepare a resolution
along the guidelines of the suggestion from Councilwoman Glick and such resolution
prepared under the guidance of the City Attorney; thusly, the public would be
so notified prior to the City proceeding with abatement investigations.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, to authorize City
Administration, with the cooperation of the City Attorney, to prepare a resolution
relative to a "clean up campaign within the City of Kenai" in which the public will be
encouraged to clean up their properties in order to make the City of Kenai a cleaner
and better community in which to live and, in addition, the City Manager will proceed
with investigating alleged public nuisances, developing a full report on the matter
and submitting a report to Council which will then be handled according to legal
procedures after the public has been duly advised of the City's intent to sponsor
such clean up campaign.
Motion passed unanimously by roll call vote.
P-2: Municipal Airport - grass landing strip
Councilman Ambarian reported to council of the latest status of the proposed grass
landing strip and winter ski landing area in which it has been determined that the
1,000' runway would be sufficient for a grass landing strip (located between the runway
and taxiway A) and, in addition, the first 2,000' of the runway will be left with a snow
cover for winter ski plane use. Councilman Ambarian also advised that should any
problems arise with the proposed grass strip and ski plane landing areas, the City
Manager has the authority to immediately close down the respective facilities.
MOTION:
Councilman Ackerly moved, seconded by Councilman Whelan, to proceed with the
plan as presented by Councilman Ambarian utilizing a 1,0001 grass strip runway and
leaving the first 2, 000' of the runway with a snow cover to be utilized by ski planes
and such plan be instituted on a probationary basis.
Motion passed by roll call vote with Councilwoman Glick voting no.
0. NEW BUSINESS
G-l: Sills to be paid - bills to be ratified
MOTION:
Councilman Ackerly moved, seconded by Councilwoman Glick, for approval of bills
to be paid and bills to be ratified as submitted this date.
Motion passed unanimously by roll call vote.
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September 8, 1978, Page 5
G-2: Approval of requisitions exceeding $500
MOTION:
Councilwoman Glick moved, seconded by Councilman Whelan, for approval of
requisitions exceeding $500 as listed in the report submitted by the Finance Department
this date.
Motion passed unanimously by roll call vote.
G-3: Ordinance 426-79, revenues/appropriations
Mayor O'Reilly read Ordinance 426-78 by title only as copies were available for the
public prior to the meeting.
"An ordinance increasing estimated revenues and appropriations in the amount of
five thousand dollars in the water and sewer special revenue fund of 1978-70 Budget".
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for introduction of
Ordinance 426-78, increasing estimated revenues and appropriations in the amount
of $6,000 in the Water/Sewer Special Revenue Fund 1978-79 Fund to properly provide
funding for the fine to the U . S . Environmental Protection Agency for violations in the
City's Sewer Treatment Plant.
Q Motion passed unanimously by roll call vote.
A 0-4: Ordinance 427-78, Consent Calendar
Mayor O'Reilly read Ordinance 427-78 by title only. "An ordinance to expedite the
public business and to provide for the use by the City Council of a Consent Calendar".
As City Manager Wise was not present to explain the intent of his proposed ordinance,
the Council requested the matter be included on the next agenda.
G-5: Ordinance 428-78, revenues/appropriations
' Mayor O'Reilly read Ordinance 428-78 by title only. "An ordinance of the Council
increasing estimated revenues and appropriations in the amount of $37, 055 for Title II,
Anti -recession revenue Sharing Funds."
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for introduction of
Ordinance 428-78, increasing estimated revenues and appropriations in the amount
of $37,055, Anti -recession Revenue Sharing Funds.
Councilman Ambarian requested that Administration prepare an itemized list of
those items requested from each department, particularly the Public Works Department.
Motion passed unanimously by roll call vote.
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SQptember 0, 1976, Page 6
G-6: Resolution 78-142, Positional Statement relative to rezoning
v, Mayor O'Reilly read Resolution 78-142 by title only. "A resolution of the Council
adopting a positional statement as it concerns applications for rezoning of property
within the City of Kenai." 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 78-142, positional statement concerning application for rezoning.
Councilwoman Glick explained that the reason for the preparation of the resolution
was to allow Council to take into consideration the effect of any rezoning within the
City of Kenai on the new Comprehensive Plan soon to be adopted and the intent of the
QUESTION lution is not to impede growth nor to stop it.
Motion passed by roll call vote with Councilman Malston voting no.
G-7: Resolution 78-143, transfer of funds
Mayor O'Reilly read Resolution 78-143, "transferring $1,500 from contingency to
Project Inspection - Audit to provide additional funds necessary for the completion of
an audit by Coopers a Lybrand on Water Project 07-01-01084.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of
Resolution 78-143, transfer of funds in the amount of $1,500 for Water Project 07-01-01684
audit by Coopers a Lybrand.
Motion passed unanimously by roll call vote.
a-8: Resolution 78444, transfer of funds
Mayor O'Reilly read Resolution 78-144, transfer of $650 from Airport Terminal -
repair and maintenance supplies and repair and maintenance to provide funding
for the repair of doors in the Terminal Building.
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 78-1", transfer of funds in the amount of $050 for the repair of the
Terminal doors.
Motion passed unanimously by roll call vote.
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September 0, 1978, Page 7
0-9: Resolution 78-145, transfer of funds
Mayor O'Reilly read Resolution 78-145, transferring monies within the 1978-79 General
Fund in the amount of $400 to provide funding for the installation of additional
lighting fixtures at Fort Kenay." Mayor O'Reilly opened the meeting to the public -
there was no comment.
MOTION:
Councilman Aekerly moved, seconded by Councilman Whelan, for adoption of
Resolution 78-145, transfer of funds in the amount of $450 to provide funding for
the installation of additional lighting fixtures at Ft. Kenay.
Motion passed unanimously by roll call vote.
0-10: Resolution 78-140, authorized signatures
Mayor O'Reilly read Resolution 78-146 by title only. "A resolution establishing
depositories for municipal funds and establishing the authorized signatures for
daposit or withdrawal of funds. from paid depositories." Mayor O'Reilly opened the
meeting to the public and there was no comment.
Finance Director Ross Kinney advised that this resolution removed his name from
authorized signatures and replaced it with Charles A. Brown, acting Finance
Director.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-148, authorized signatures.
Motion passed unanimously by roll call vote,
0-11: Resolution 78-147, amendment to ADAP grant
Mayor O'Reilly read Resolution 78-147, "a resolution authorizing an amendment to
ADAP Grant Project 09-02-0142-02, runway and taxiway lighting, installation of a
second fence and purchase of abutting lands."
Mayor O'Reilly opened the hearing to the public. There was no comment.
MOTION:
Councilman Aekerly moved, seconded by Councilman Whelan, for adoption of
Resolution 78-147, authorizing an amendment to ADAP Project 08-02-0142-02.
Motion passed unanimously, by roll tail vote.
M
,; September 8, � 1,
0-12: resolution 78-148, attendance of department heads at Executive Sessions
Mayor O'Reilly road Resolution 78-148 by title only. "A resolution relative to the
attendance of Department Heads at Executive Sessions of Council."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Whelan moved, seconded by Councilwoman (flick, for adoption of
Resolution 78-148, attendance of Department Ileads at Executive Sessions,
Councilman Whelan stated that the reason for his proposing this resolution was to
enable Council not to have all department heads in attendance at executive sessions
unless the matters to be discussed pertain directly to them. Councilman Whelan stated
that this would Assist in getting the business at hand taken care of more expeditiously
so not to extend the meetings any longer than absolutely necessary. Councilman
Ambarian stated he did not see the need for the resolution as this policy was already
available for the Council's use.
QUESTION:
Motion passed by roll call veto with Councilman Ambarlan voting no.
0-13: Resolution 78-149, transfer of funds
I Mayor O'Reilly read Resolution 78-149, transferring funds within the Airport
Drive Paving Project 01,288) and the Street Improvements Project ($3,807 to
provide fundings for surveying charges by McLane and Associates, as billed to
PMA plus five percent. Mayor O'Reilly opened the meeting to the public. There
! was no comment.
MOTION:
Councilman Malston moved, seconded by Councilman Ackerly, for adoption of
Resolution 78-149, transferring funds within the Airport Drive ($1, 286) and the
Street Improvement 03,807)projeets to providing funds for surveying charges.
Motion passed unanimously by roll Bali vote.
0-14: Loase of Airport Terminal Space - Vesta Leigh
Councilman Whelan questioned paragraph (f) on page one of the lease and as
the City Manager was not in attendance at the meeting, the following action was
taken.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Whelan, to table item G-14,
lease of terminal space to Vesta Leigh, until the next regular meeting of Council.
Motion passed unanimously by roll call vote.
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So ptomber 6, 1078, Page 8
G-15s Payment to CH2M Hill
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for approval of
payment to CH2M Hill in the amount of $170.39, Sewage Treatment Plant Interim
Modification Contract Documents and $1,603.30, Facilities Plan.
Motion passed unanimously by roll call vote.
0-16: Payment to Carmen Gintoli
MOTION:
Councilwoman Glick, moved, seconded by Councilman Malston, for approval of payment
in the amount of $1,750 to Carmen Gintoli, architect, EDA Project 07-11-02039-60,
Arctic Doors A Air Lock Foyer.
Motion passed unanimously by roll call vote.
0-17: Payment to TRA/FARR
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of
payment in the amount of $10, 328.94 to TRA/Parr for the Airport Master Plan Study.
Motion passed unanimously by roll call vote.
0-18: Payment to Project Manager's Alaska, Inc.
MOTION:
Councilman Whelan moved, seconded by Councilman Malston, for approval of payment
in the amount of $5,071.50 to Project Managers Alaska, Inc. for surveying services.
Motion passed unanimously by roll call vote.
0-19: Payment to Ted Forai
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of
payment in the amount of $5,517.20 to Ted Forst a Associates for work completed
on Fifth and Spur water line projects.
Councilman Ambarian requested that the matter be tabled until such time Administration
is present to explain the overtime charges on the billing.
MOTION - TABLE
Councilman Ambarian moved, seconded by Councilman Malston, to table the billing
from Ted Forst & Associates until the next meeting of Council.
Motion passed unanimously by roll call vote.
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September 0, 1978, Page 10
0-20: Discussion - CEIP Grant Application
Matter tabled until next meeting for input from City Manager
G-21: Discussion - Interim Modifications of STP
Public Works Director Keith Kornelis advised that as the STP is now in compliance,
the Council may wish to consider not proceeding with the interim modifications plan.
Council concurred that the matter should be discussed in detail and the committee from
Council on special projects will meet with Administration in a work session as soon as
possible.
G-22: Discussion - Gallion Grader
Public Works Director Keith Kornelis stated that some time ago the City had funded
monies for the repair of the transmission of the Gallion Grader, however, the proper
parts were not located and the grader remains out of working condition. Mr. Kornelis
advised that the grader would require extensive repair and suggested that perhaps
the City may wish to sell the grader for parts and purchase a replacement. Councilman
Ambarian stated that the Council directed the Department Heads during the budget work
sessions to prepare a capital equipment priority list and, to date, the Council has
received no such list. Councilman Ambarian stated that the committee should also
discuss this matter during their work session.
01) MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, that a work session
will be held by the committee from Council on special project to review the equipment
priority list prepared this date by the Public Works Department.
Motion passed unanimously by roll call vote.
G-23: Discussion - HB 133 - City entitlements
The matter of the City land entitlements is still under investigation by Administration.
H. REPORTS
H-1: City Manager's Report
As City Manager Wise was not in attendance, Council members made comment at this time.
Councilman Ambarian questioned the reasoning why the City could not deliver the
fencing materials to Arctic Aviation and stated the City should be more cooperative
in matters such as this.
Councilman Ambarisn stated he felt the decision relative to the pumps in the well house
should be made without further delay. Public Works Director Kornelis stated he was
assured by Harold Galliett that information on the matter would be submitted to the
City ASAP.
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September 6, 1978, Page 11
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, that if a firm commitment
to not received this Friday from Mr. Galliett relative to the pumps in the well house,
the City will proceed with soliciting the services of another engineering firm.
Motion passed unanimously by roll call vote.
Councilman Ambarian stated that with regard to the Airport Runway project, he would
request that copy of the project materials be contained in City Hall as it is a City
project.
Lilac Street - Mayor O'Reilly requested that the matter of Lilac Street and concerns
of those residents relative to the matter now be considered by the Council. Council so
concurred.
Mr. Mike Medcoff - Mr. Medcoff questioned a business operating out of a residence
next to his property in which there appears to be a problem with parking and at times
Mr. Medcoff is not able to get entrance to and from his home. Councilwoman Glick
advised that the person is operating on a "Home Occupation Permit" but did assure the
City at the time they filed for the permit they would provide adequate parking.
Administration was directed to look into the matter further to determine if the individual
is complying with requirements of his permit. Mr. Medcoff further commented on the
condition of Lilac Street in that he feels the streets are much too narrow and the drives
so narrow that individuals are driving into the ditches.
Contractor Don Brown advised Council that the street was now completed to
specifications which required a street 24 feet wide.
Calvin Quandt - Mr. Quandt stated that the residents are not complaining about
the contractor as they feel he completed the street to specifications, however, they
are protesting that the City would proceed with the construction of a project which
was totally inadequate and created more problems to the residents on the street because
of the narrow street and deep ditches.
Edward Call - Mr. Call stated he resided on the corner and felt that the design of the street
resulted in an extremely hazardous situation wherein cars are getting stuck in the ditches
and a person must back into his neighbors driveway in order to get out of his own drive
and on to the street.
Sandra Vozar - Mrs. Vozar stated that in June a petition was presented to Council from
the residents of the area and at that time Council indicated that the matter would be
further reviewed and a sating would be held with the residents of the area. Mrs. Vozar
stated that the residents are not satisfied with the street as it now stands.
Councilman Ambarian advised that at the time the problem was brought to the attention
of Council, it was the intent of the City to have the contractor complete the street to
= specifications and the project would then be reviewed to determine what areas of
adjustments, etc. would still be needed. Councilwoman Glick inquired as to the reason
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September 8, 1978, Page 12
the contractor did not proceed with completion in a more timely manner and contractor
Don Brown advised that the project inspectors pulled his firm off construction until
' any design changes, etc. might be considered. Councilwoman Glick stated that the inspectors
were instructed to complete the project to "bluetop" a then proceed with meetings, etc.
It was the consensus of Council that the Council committee on special projects meet
in a work session to discuss in-depth the Lilac Street Project with City Administration.
Councilwoman Glick commented that it was interesting to note that the residents from
Lilac Street now stated that the upgrading of their street has devalued their property
and residents from the Thompson Park area stated in meetings with Council that the
upgrading of Lupine would increase property values .....
H-2: City Attorney's Report
City Attorney Schlereth reported that the Lockheed Constellation being "stored" at the
airport was presently in a situation wherein the City of Kenai has a $7, 000 lien against
the aircraft, however, an individual who states he is the present owner would like
Council consideration to release the lien against the aircraft for $1,200 and the plane
would then be removed from the Airport. Mr. Schlereth gave background information ;
on the matter of the constellation in that the plane was sold at various times during that
past few years but no attempts have been made to remove it. Mr. Schlereth advised that
the City is entitled to sell the plane at a public auction to recover storage fees, etc.
and several buyers have indicated interest in purchasing the plane. However, obtaining
a clear title to the plane may be difficult to obtain as in a title search, it was found that
the owner of record was a firm from the east coast and not the gentleman from California
who wished to have the plane released for $1,200. Therefore, Mr. Schlereth stated the
Council should make a determination as to whether or not the plane should be released
for $1,200 with an agreement that the City will be held harmless relative to the clear title
or should the City proceed with an auction to try to recover costs incurred.
Councilman Whelan inquired if the City Attorney had investigated any personal property
takes owing and stated he would like consideration of the taxes included in the auction.
Councilman Ambartan stated he would favor releasing the plane for $1,200 and having it
removed immediately.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, that the City of Kenai
release the lien on the Lockheed Constellation for $1,200 with a guaranteed removal date
of the aircraft within thirty days and if not removed, the City would proceed with auction
> ' of the aircraft.
Motion failed by tie vote. Voting no; Whelan, Ackerly and Glick, Voting yes; Ambarian,
Malston and O'Reilly.
, 5
-- MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, that the City Attorney
properly proceed with preparation for auction of the Lockheed Constellation now located
on the Kenai Municipal Airport.
Motion passed unanimously by roll call vote.
September 6, 1078, Page 13
Carr-Gottstein Lease - City Attorney Schlereth advised Council that the pending lease
was still under consideration by C-G as they were opposed to the 50% "cap provision"
and the clause relative to the improvements to the property (water, sewer, streets, etc.)
City Attorney Behloroth suggested that the present ordinance could be amended to
include at each five year Interval, the fair market value could be determined by a qualified
appraiser and the redetermined lease rate would be limited to 50% Increase in the prior
lease rate until the 30th year anniversary of the lease and after which time no cap
provision shall apply at each 6-year renegotiation period.
Councilman Whelan stated that he would agree with this concept and requested Council
consideration of a draft ordinance amendment which would address this problem.
Councilman Whelan also gated that the 50% cap until the 30th you anniversary of the lease
would also solve the lending institutions concerns relative to this particular matter.
Council instructed the City Attorney to proceed with revision of the ordinance relative to
the 50% cap clause as proposed by Councilman Whelan's draft amendment.
H-3: Mayor's Report
Mayor O'Reilly advised Council that James Elsoin had resigned from the OEDP committee
and would, therefore, recommend Councilwoman Betty thick, to serve on the OEDP General
Committee for the City of Kenai.
Councilwoman Glick's nomination to the OEDP Committee passed by unanimous roll call vote
with Councilwoman Glick Abstaining.
OXAR Meeting - A&WorOlReilly advised that a meeting would be hold September l6th
and would urge any member of Couwil who wished to do so to attend. Any Interested
members of Council wishing to attend should advise the City Clerk to make proper arrangements
Recreation Commission - The Council unanimously approved ratification of the appointment
of Max Swearingen to the Recreation Commission.
H-4: City Clerk's Report
None
H-5: Finance Director's Report
Finance Director Rose Kinney reported on the revenues still forthcoming and recommended
that in order to close out the books, Council should make a determination as to closing
off the revenues for UW year and any additional revenues received thereafter would be
accrued FY 7840.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, that the Council hereby
proclaim that no more revenues will henceforth be accrued FY 77-78 except those so required
by the auditors.
Motion passed unanimously by roll =11 vote.
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September 6, 1978, Page 14
Mr. Kinney expressed his appreciation to the City and stated that "in the last 2-1/2 years
he really enjoyed his association with the City and the support received from the Council
and commended the Council on their outstanding endeavors in getting the City on a sound
financial basis. Mayor O'Reilly stated that Mr. Kinney had certainly earned his deepest
respect and on behalf of the City, Mayor O'Reilly wished Mr. Kinney much success in his
future efforts.
H-6: Planning a Zoning Commission's Report
Councilwoman Glick reported on the meeting of August 23rd in which the preliminary/final
plat for Single Birch Subdivision was approved; approved withdrawal of lands from lease
(160 acres) along Marathon Road until completing of the Comprehensive Plan. Councilwoman
(flick also advised the Commission approved the extension of a storage area to the Cason bldg.
for purposes of equipment storage. Councilwoman (click also reported that the draft scope
of the Comprehensive Plan was presented to the Commission and explained by Mr. Ottesen
from the Borough. Councilwoman Glick advised that the public hearing relative to open
entry of Beaver Creek Subdivision would be held Thursday evening and would encourage
all members of Council to be in attendance and offer testimony as was discussed at the last
meeting of Council.
Councilwoman Glick also commented on attitudes of persons residing outside the City of
Kenai toward the City and even areas as far away as Homer, negative comments have been
expressed in public meetings. Councilwoman Glick read a quote from the Homer newspaper
of an individual who expressed concern over growth in Homer and to be cautious against
"wild growth in all directions as "we" do not want to look like Kenai". Councilwoman Glick
stated that comments such as these are totally unjustified.
H-7: Borough Assembly's Report
Mayor O'Reilly advised that the debate on reapportionment started the evening before
and the Borough Mayor advised the State law and procedures to be taken accordingly.
Also, a discussion was held relative to the disparity between Borough and the cities'
pay scales.
MAYOR a COUNCIL - QUESTIONS a COMMENTS
Councilman Ambarian commented that the Airport Loop has been paved for almost two
weeks and the painting remains to be done for parking lines, eta. Councilman Ambarian
requested that the matter be attended to immediately.
Councilman Ambarian stated that he felt the janitorial service in the Terminal was
still inadequate and directed that the City Manager discuss the contract specifications
with the contractor and H he is not able to comply, another janitorial contractor should
be sought.
` ALPETCO - Councilman Ambarian stated he had been informed that a meeting has been
scheduled with representatives from ALPETCO. This meeting win be held at the
Borough Building Wednesday, September 20th. Councilman Ambarian stated that the
meetings with the other cities being considered for placement of the ALPETCO facility
I J
E
had been scheduled with the respective cities themselves and inquired why the Borough
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September 6, 1078, Page 15
had set the meeting, particularly on a Council meeting night. Councilwoman Glick
advised that she had been informed that the meeting had been scheduled at the request
�•� of the President of the Assembly. Council concurred that attendance of members of Council
r at the meeting with the ALPETCO representatives was of dire importance and it was
recommended that the next meeting of Council (September 20th) would be opened and
adjourned to Thursday evening to enable members of Council and Administration to attend
the meeting at the Borough. The Clerk was requested to make the intentions of Council
known to the public as to the day the actual business of the City will be conducted.
Departmental reports to Council - Councilwoman Glick requested Council consideration
for departmental reports, which (when available) presently accompany the agenda packets
to be distributed to the Council on Fridays as is the present policy and then be made
available for the public and media on Wednesday at the meetings. Councilwoman Glick
stated that this would enable the Council to review the reports, make certain adjustments
if needed, and take whatever action that might be necessary in order to clarify, complete or
remedy items contained within the report. Mayor O'Roilly agreed with Councilwoman Glick
and stated the Council should consider a policy to institute this procedure. Councilwoman
Glick stated that her intent was only that the City of Kenai be treated equitably with other
cities in the area relative to this matter. Councilman Malston also concurred that the
Council should be given the opportunity to read and review the reports as submitted
to them prior to public distribution. Councilman Ambarian stated he agreed with Council-
woman Glick's comments and stated there were occasions wherein the reports were C:
not completely accurate or contained all necessary and pertinent information and changes
were made during the Council meetings; therefore, any information contained in the
reports is not always ready for publication. City Clerk Sue Peter also requested that
Council give consideration to establishing a policy that the City Manager be the central
source of public announcement and information or be duly notified as there are times r
when department heads are issuing public statements without making the City Manager
aware of such statements and, in addition, the information may not be a total and complete
picture of how a particular subject matter relates to the City on the whole. It was the
Consensus of Council that the matter of departmental reports and public statements
be an item of discussion with the City Manager present for his ir,r . t and then a policy
established accordingly.
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
I-1: Mrs. Sandra Vozar - stated that Mr. Jahrig had been given until September 2, 1978 to
abate his public nuisances and Mrs. Vozar requested that the City act without further
delay in making Mr. Jahrig comply.
I-2: Mr. Calvin Quandt - requested council review the condition of Raven Street and further
asked that the Public Works Department return the street to its original state.
ADJOURNMENT
There being no further business to be brought before Council, the meeting adjourned
at ri:50 P.M.
Resp idly/submittted,
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S C. Peter, City Clerk