HomeMy WebLinkAbout1978-09-20 Council Minutes'
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A.
ROLL CALL
AGENDA APPROVAL
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III:ARiNGS
1. Ordhvnnce 420-78, increaaittgentimnted n-evemnnen/npl,roprintionn f5.000 PI'A'lult
2. Ordinnnee 428 78, Inerenning eulhnntod revenues/oppropriatiorul - Anti-reeens.hm i'unds
3. Transfer of Owflorrhip - Heverope Dirspensnry Licenun - Itainbo w Isar t Gr1Il
C,
PY.it3OA'S PRESENT MVIiEDULLID TO BY, HEARD
1, Oscar Thomas - i(inf;CO b llinga to th(. City for relocation costa
2. ilorry Martin - Orcoter Kcnnt Convention i Viaitoro Bureau
D.
MINUTES
1. Minutea of the regular meeting of September 6. 1078
E.
COiCULSPONDENCY
P.
OLD BUSINESS
1. Ordinance 427-78. Provide use by City Council of a Consent Calendar
2. Payment to Ted Yorul tl Associates
3. Lasso of Airport Terminal Space - Vesta Leigh d/b/a Boar's Lair
4. Diaausalon - CEiP Grant Application Requests
0.
NEW BUSINESS
1, Bills to be paid - billo to ho ratified
2. Approval of requisitions exceeding $500
S. Ordinance 420-78, increasing estimated revenues/appropriationo - Water/Sewer Fund
4. Ordinance 430-79, Amending Recreation Commiealon Ordinance 410-78
5. Ordinance 431-70, Amending Penalty a Offenses Section of the Kenai Code
6. Ordinance 432-78. Amending Chapter 13 of penalty i Offenses Code - Parking
7, Ordinance 433-70. Amending Kenai Piro Code
S. Ordinance 434-78. Amending Ord. 400-78, Lease of Airport Lends - Redetermination Period
9. Ordinance 435-78, Amending Ord. 400-78, Lease of Airport Lando - 50% Csp Provision
10, Ordinance 436-78, Increasing estimated revenues/approprlatlons - Airport Land bystem
It. Resolution 78-150 Establishing Capital improvement Projects PY 1978-79-80
12, Resolution 78-151, Transfer of funds Alaska Court System bills of June $0, 1076 4 prior
IS. Resolution 78-I52, Certifying the eerwus d the City of Kenai an of July 1, 1078
14, Resolution 78-153, Accepting ADAP Grant in the amount of $909,056
15, Resolution 78-154. Accepting ADAP Grant in the amount of $269,125
16, Resolution 78-155, Awarding contracts for snow r4miovat equipment for Airport
17. Resolution 70456, Ratifying telephone poll conducted 9-14. painting of fines o merki ngs
10. Resolution 78-157. Policy on release of Information to the public and news media
19. Insurance proposal for coverage of 3 million gallon water storage tank
20. Assignment of Lease - Rey Cason - Gusty Subdivision
21, Payment to Ted Yorsi a Ascoefatoo - Pifth Street a Kenai Spur Water Linno Projectu
22, Payment to Coopers i Lybrand - progress billing for annual audit
23, Pay Estimate - Brown Construction
24. Periodic Estimate for Partial Payment - Doyle's Excavating a Construction Company
20. Ordinance 437-78, Approprilding $120,000 for a road grader a declaring an emergency
H.
REPORTS
1. City Mangers; Report
2, City Attorney's R'•post
3, Meyor's Report
4. City Clerk's Iteport
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5. P In onea Director's Report
6, Planning a Zoning Camirfnalnn's Report
7, korough Asaembly'o Report
IIAY01t a COUNCIL - QUEST1014S AND COMMENTS
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KENAI CITY COUNCIL - REGULAn MEETING
SEPTEMBER 20 s 21, 1978 - 7: 00 P.M.
1ENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Phillip Aber, Tom Aekerly, Edward Ambarlan, Betty thick, Ronald Malston,
Vincent O'Reilly, and Dan Whelan
Absent: None
AGENDA APPROVAL
Council unanimusly approved the addition of Ordinance 437-78, to the agenda .
B. HEARINGS
B-1: Ordinance 426-78, Increasing estimated revenues/appropriations
Mayor O'Reilly read Ordinance 426-78 by title only. "An ordinance of the Council of
the City of Kenai increasing estimated revenues and appropriations in the amount of
0 $5,000 in the Water and Sewer Special Revenue Fund - 1078-79 Budget."
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 426-78, increasing estimated revenues and appropriations in the amount
of $5,000 in the Water s Sewer special Fund.
Motion passed unanimously by roll call vote.
B-2: Ordinance 428-78, Increasing estimated revenues/appropriations
Mayor O'Reilly read Ordinance 428-78 by title only, "An ordinance increasing
estimated revenues and appropriations in the amount of $37,055 for Title II, Anti -
Recession Revenue Sharing Funds."
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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 428-78, increasing estimated revenues and appropriations in the
amount of$37,055.
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MOTION - AMENDMENT
,-, Councilman Ambarian moved, seconded by rounailwomnn dick, to amend the ordinance
to reduce the amount allocated in Communications from $250 to $150,
Motion passed unanimously by roll call vote.
` MAIN, AS AMENDED
Passed unanimously by roll call vote.
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B-3: Transfer of ownership - Beverage Dispensary License - Rainbow Bar & Grill
Clerk Sue Peter advised Council that in discussions with the Borough Attorney'$ office
this date, she was advised that delinquent taxes were etill owing on the abovc-named
business,
MOTION:
Councilwoman Glick moved, seconded by Councilman Whelan, that the Council hereby
objects -to the transfer of ownership of beverage dispensary license for the Rainbow
j Bar a Grill until such time as dglinquent taxes are current.
Motion passed by roll call vote with Councilman Aber voting no.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
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-2: Harry Martin - Greater Kenai Convention & Visitors Bureau
i Mr. Martin came before Council to request consideration of a donation to the
+j newly formed Convention and Visitors Bureau which has been established to promote
travel to the Kenai area. Mr. Martin explained that his group would be applying for a
State grantbut the State requests that the municipality involved show monetary support 1
prior to the State providing a grant to aid in funding of the program, Mr. Martin -
advised the Bureau had received their corporation papers and would be meeting with
State Tourism representatives within the week. Council inquired as to the amount
required and Mr. Martin indicated that no amount had been set as of this date; however,
other cities within the State contribute varying amounts to their Visitors Bureaus,
Councilwoman Glick requested that the Finance Department investigate what funding
might be available for such a contribution and report back to Council Thursday evening.
RECESS
I '' 111 Council recessed the regular meeting until 7:00p.m. Thursday, September 21, 1878
RECONVENE
Mayor O'Reilly acknowledged the Spaatz award presented to Cadet Gary Ambarian
in which Cadet Ambarian was the first youth in Alaska CAP to be the. recipient of such
an award. Cadet Ambarian to attending the United States Air Force Acedemyand is the
son of Councilman and Mrs. Edward Amberian .
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C-1: Oscar Thomas - KUSCO
Mr, Thomas came before council requesting reimbursement for costs incurred by
Kenai Utility Services Corporation in the relocation of gas lines which would conflict
with construction projects being performed by the City, Mayor O'Reilly advised that
the matter would be discussed under the City Manager's Report.
C-3: Division of Land@
Mr. Drys and Mr. Beatty of the state Division of Lands came before Council to answer
any further questions relative to the open tOentry of heaver Crook subdivision,
Mr. Drys advised that the state is requiring the Division of Lands to make
30,000 acres of land available for sale and the area of !waver Crook subdivision is
already platted and ready for release, Mr. Rrys stated that the Division of Lands
felt they had addressed the concerns of the City and presented a Plat for consideration
showing the 77 acro parcel of land and proposed access to the spur, Aftor Council
discussion and consideration, it was requested that prior to the publication of the sales
brochure, theta proof be sent to City Administration for review. Mr, Brys stated he
would mail a copy of the proof to City Manager Wise and call him for any comments but
would have to proceed without delay as the Divsion of Lands was working within a tight
time schedule.
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Mayor O'Reilly also stated he was not satisfied with the fact that contact had not +;een
made with the City prior to the State proceeding with the public hearing, etc. on the
sale of lands within the City,
140T10N:
Councilman Ambarian moved, seconded by Councilman Malston, that adoption of a
resolution relative to the following: Whereas, the State of Alaska has offered for sale
a parcel of land located within Beaver Creek Subdivision; and Whereas, the City of
Kenai had certain objections to such open to entry; and Whereas, the State of Alaska,
Division of Lands, held a public hearing and addressed such areas of concern as
expressed by the City of Kenai; and Whereas, the Division of Lands has since taken
steps to adjust these arena of concern. Now, therefore, the Council of the City of Kenai
hereby supports the open to entry of Beaver Creek Subdivision by the Division of Lands
and to further offer such parcel of land for sale to the public,
Motion for adoption of Resolution passed by roil call vote with Mayor O'Reilly voting no,
D, mNUTES
D-1: Minutes of the regular meeting of September R, 1978
Councilwoman thick requested the following corrections be made to the minutes:
Page 4 -.item P-2: Motionpassed by roll call vote with Councilwoman (flick voting no,
Pats 8 - item 0-0: include under Councilwoman Glick's comments that':. , , ...the intent
Of the resolution was not to impede growth nor to stop it.... ,"
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9/20 Page 4 -- — -- —_ ---- - _ - -
Page 12 - include in Councilwoman (flick's comments:'... ..that Council did instruct the
Inspectors to have the eontraator complete the project to "bluetop" and Council
and City Administrators ws...sd than meet with the engineers et al to further discuss
the other areas of concern with the project......"
There being no further additions or corrections, the minutes stood approved as corrected.
E. CORRESPONDENCE
E-1: Polar Airways
Mayor O'Reilly acknowledged correspondence from Polar in which the City has been
asked to indicate support in Polar's request for an air carrier licence from ATC to provide
service to the Kenai area. Councilman Whelan stated that he would personally favor
the preparation of a resolution to be presented to Council at the next meeting.
F. OLD BUSINESS
F-1: Ordinance 427-78, Consent Calendar
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, to bring the matter of
Ordinance 427-78, Consent Calendar, back off the table.
City Manager Wise stated that the consent calendar concept would expedite the meetings.
Councilman Ambarian stated that he would agree with the intent, however, would vote
against any change in procedures now being utilized.
MOTION;
Councilman Ambarian moved, seconded by Councilman Whelan, for introduction of
Ordinance 427-78, Consent Calendar.
Motion failed by roll call vote. Voting no; Ackerty, Ambarian, Glick, Malston and
Whelan. Voting yes; Aber and O'Reilly.
P-2: Payment to Ted Forst a Associates
City Manager Win explained that the overtime charges were becauee the crews chose
to work longer hours rather than commute back and forth from Anchorage.
MOTION:
J Councilman Ambarian moved, seconded by Councilman Ackerly, for approval of
payment in the amount of $5,517 to Ted Forst and Associates.
Motion passed unanimously by roll call vote.
3: Lease of Airport Terminal Space - Vesta Leigh
City Attorney Schlereth advised that the area of consideration within the lease
of vending machines, etc. was a commitment of the original lease and the City would
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have to so abide.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of
lease of 300 square feet of terminal space to Vesta Leigh for a term of one year at
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an annual rental of $2,160.
Motion passed by roll call vote with Councilmembers Ackerly, Malston and Whelan
voting no.
P-4: Discussion - CEIP Grant
City Manager Wise advised that this request would enable City Administration to proceed
with applying for a CEIP Grant which must be submitted no later than October 15th.
This grant application would entitle the City to apply for funding for an architect
for the proposed Civic Center Complex. Mr. Wise also requested authorization to
proceed with applications for funding relative to the TOPO stuffy.
MOTION:
Councilman Ambarian moved, seconded by Councilman Malston, for authorization for
the City Manager to apply for CEIP grant for architectural fees relative to the Civic
Center Design which will include City offices, health center and multiuse center
and, in addition, funds to complete the TOPO Study.
Motion passed unanimously by roll call vote.
ANNOUNCEMENT
Mayor O'Reilly advised that Pacific Alaska LNG announced today that due to delays
In obtaining necessary permits, etc., they would not get underway with the construction
of their facility until the 1980 construction period.
0. NEW BUSINESS
0-1: Bills to be paid - bills to be ratified
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for approval of
bills to be paid and bills to be ratified as presented this date.
Motion passed unanimously by roll call vote.
0-2: Approval of requisitions exceeding $500
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for approval of
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requisitions exceeding $500 as presented this date.
Motion passed unanimously by roll call vote.
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9/20 - Page 0
G-3: Ordinance 429-78, Increasing revenues/appropriations
Mayor O'Reilly read Ordinance 429-78 by title only. "An ordinance increasing
estimated revenues and appropriations in the Water and hewer Special Revenue
Fund budget for 1978-70 by $160 , 000."
MOTION:
Councilwoman Glick moved, seconded by Councilman Ackerly, for adoption of
Ordinance 429-78, increasing estimated revenues and appropriations in the amount
of $150,000 in the Water and Sewer Special Revenue Fund.
Motion passed unanimously by roll call vote.
G-4: Ordinance 430-78, ane nding Recreation Commission ordinance
Mayor O'Reilly read Ordinance 430-78 by title only. "Amending Ordinance 416-78
which established a Recreation Commission and more specifically Section 19.05.030(1)
Terms and Appointments to Vacancies of Commission Members."
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for introduction of
Ordinance 430-78, amending Ord. 416-78, Recreation Commission.
Motion passed unanimously by roll call vote.
n-5: Ordinance 431-78. Amending Penalty o Offenses Ordinance
Mayor O'Reilly read Ordinance 431-78 by title only. "An ordinance amending Title 13,
Penalties and Offenses of the Kenai Code, as amended, in order to add a provision
controlling vehicular traffic on beaches within the City limits and other designated
areas.
MOTION:
Councilman Malston moved, seconded by Councilman Whelan, for introduction of
Ordinance 431-78, Amending the Penalties s Offenses ordinance by adding a provision
to control vehicular traffic on beaches and amending such ordinance to include
under 13.35.080(2) .....commercial fishing operations and supporting industries.....
Councilman Ackerly stated he felt this ordinance would be difficult to enforce.
Councilman Ambarian stated he would vote against the ordinance because he too felt
it would be impossible to enforce. Councilman Whelan stated he had received several
complaints from citizens who would like to, but were unable to, walk on the beach
because of motorized vehicles -- perhaps the ordinance would be difficult to enforce
but will reduce the problem. Councilman Aber stated he felt more consideration as
to solutions should be given before passage.
MOTION:
Councilman Aber moved, seconded by Councilman Ambarian, to table Ordinance 431-78
J for further consideration.
Motion passed by roll call vote. Voting yes; Aber, Ackerly, Ambarian and O'Reilly.
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-' Voting no; Glick, Malston and Whelan.
G-8: Ordinance 432-78, Amending Penalty & Offenses - Parking
Mayor O'Reilly road Ordinance 431-78 by title only. "An ordinance of the City
of Kenai amending Title 13, Penalties & Offenses of the Kenai Code to prohibit night
parking in VIP Subdivision during snow/winter conditions."
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction
of Ordinance 432-78, Amending Title 13, Penalties & Offenses, of the Kenai Code.
Motion passed unanimously by roll call vote.
0-7: Ordinance 433-78, Amending Kenai Fire Code
Mayor O'Reilly read Ordinance 433-78 by title only. "An ordinance amending
Title 8, Fire Code, in order to update the reference to National Fire Codes made
part of the ordinance.
MOTION;
Councilman Ackerly moved,seconded by Councilwoman Glick, for introduction of
Ordinance 433-78, amending the Kenai Fire Code
Motion passed unanimously by roll call vote.
G-8: Ordinance 434-78, Amending Ord. 400-78, Lease of Airport Lands
Mayor O'Reilly read Ordinance 434-7iby title only. "An ordinance of the Council
Of the City of Kenai amending Ordinance 400-78, establishing policies and procedures
relative to the lease of Airport Lands as it concerns the five-year redetermination
period."
MOTION.
Councilman Whelan moved, seconded by Councilwoman Glick, for introduction
of Ordinance 434-78, amending Ordinance 400-78, and more specifically, the five
year redetermination period.
Motion passed unanimously by roll call vote.
G-5: RECONSIDERATION
MOTION.
Councilman Ackerly moved, seconded by Councilwoman Glick, for immediate
reconsideration of Ordinance
Motion passed
p by roll call vote with Councilmembers Aber and Ambarian voting
no.
0/20 - page 8
With Council concurrence, Carmon Gintoli spoke on the problem of vehicular
traffic on the beaches within the City of Kenai and more specifically the erosion
problems being incurred. Mr. Gintoli reminded Council that he and Craig Proas
and Phillip Bryson were in the process of designing a park area and cost estimates
for the area at the end of Forest Drive.
Councilman Ambarian stated that he felt there was no way the City could keep
traffic off the beach and suggested that the ordinance be rewritten in some areas.
Councilman Whelan stated that the Police Chief had reviewed the proposed ordinance
and was in agreement with its intent. Councilman Aber stated that the Council
must take into consideration all persons involved, including those driving motorized
vehicles on the beach, and perhaps make some stipulations that would be fair to all
concerned. Councilwoman Glick suggested that perhaps a line of delineation could
be establsihed with pilings, etc. that prevent access in certain areas.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for introduction of
Ordinance 431-78, amending penalties a offenses ordinance, relative to vehicular
traffic on the beaches.
Motion passed by roll call vote with Councilmembers Aber and Ambarian voting no.
G-9: Ordinance 435-78, Amending Ordinance 400-78, Lease of Airport Lands
Mayor O'Reilly read Ordinance 435-78 by title only. "An ordinance of the Council,
of the City of I$nai amending Ordinance 400-78, establishing policies and pro-
cedures relative to the lease of Airport lands as it concerns the 50% CAP provision
and requiring a reappraisal every six months and declaring an emergency".
MOTION:
Councilman Whelan moved, seconded by Councilwoman thick, for'introduction
of Ordinance 435-78, amending Ordinance 400-78. 50% CAP provision and declaring
an emergency.
MOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilwoman Glick, to amend the
ordinance in the last paragraph to include: "City leases existing at the time of
enactment of this ordinance shall have a thirty (30) year period determined from
the date the lease was originally entered into."
Motion passed by roll call vote with Councilman Ackerly abstaining.
MAIN - INTRODUCTION
Motion passed by roil call vote with Councilman Ackerly abstaining.
- Mayor O'Reilly opened the hearing to the public.
Carmen Gintoli suggested that the City consider including a requirement of
receiving a percentage of the gross from lessees.
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MOTION:
Councilwoman Oliek moved, seconded by Councilman Malston, for adoption of
Ordinance 435-78, amending Ord. 400-78, to include a 50% CAP provision
and requirement of reappraisal every six months and declaring an emergency.
Motion passed by roll call vote with Councilman Ackerly abstaining.
0-10: Ordinance 436-78, Increasing estimated revenues/appropriations
Mayor O'Reilly read Ordinance 436-78 by title only. "An ordinance of the Council
increasing estimated revenues and appropriations in the amount of $286,000 in the
j Airport Land System, and in the amount of $17,875 in the Federal Revenue Sharing Fund
for1978-79.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick for introduction of
i Ordinance 436-78, increasing estimated revenues and appropriations in the amount of
$280,000 in the Airport Land System and $17,875 in Federal Revenue Sharing.
Motion passed unanimously by roll call vote.
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ti-11: Resolution 78-150
Mayor O'Reilly read Rcsolution79-150 by title only. "A resolution establishing Capital
+, Improvement Projects for 1978, 1970 and 1080 and tentatively allocating funds for such
projects."
Mayor O'Reilly opened the meeting to the public. There was no comment.
City Manager Wise stated that the resolution embodies programs for the City which are
currently underway or proposed projects. The City will not enter into any proposed
projects without Council approval.
— MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Resolution
78-150, establishing Capital Improvement Projects.
Motion passed unanimously by roll call vote.
0-12: Resolution 78-151
Mayor O'Reilly read Resolution 78-151 by title only. Transfer of monies in the
amount of $1, 000 to provide additional funding in order to pay Alaska State Court System
3 bills of June 30, 1976 and prior."
_ Mayor O'Reilly opened the meeting to the public. There was no comment.
- i j30TION.
Councilwoman (click moved, seconded by Councilman Ackerly, for adoption of
Resolution 78-151, transfer of funds in the amount of $1,000 to pay Alaska State Court
System billings.
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Motion passed unanimously by roll call vote.
-13: Resolution 78-152
Mayor O'Reilly read Resolution 78-152 by title only. "A resolution of the Council certifying
the census of the City of Kenai as of July 1, 1978 at 5, 850.
Mayor O'Reilly opened the meeting to the public. There was no comment.
City Manager Wise advised that the City would be challenging the outcome of the recent
census and would request that a population figure of 5, 850 be adopted.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-162, certifying the census of the City of Kenai at 5,850 as of July 1, 1978.
Motion passed unanimously by roll call vote.
0-14: Resolution 78-153
Mayor O'Reilly read Resolution 78-153, "Ratifying a telephone poll which was conducted
September 16, 1978 approving acceptance of a FAA Airport Development Grant in the amount
of $900,650 for Project ADAP 00-02-0142-04.
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 78-153, ratifying a telephone poll accepting an FAA grant in the amount of $900,656.
Motion passed unanimously by roll call vote.
0-15: Resolution 78-154
Mayor O'Reilly read Resolution 78-154 by title only. "A resolution ratifying a telephone
poll whirti was conducted September 15th approving acceptance of a FAA ADAP grant in
the amount of $268,125 for Project 00-02-0142-03." The meeting was opened to the public.
There was no comment.
MOTION:
Councilman Aekerly moved, seconded by Councilman Whelan, for adoption of Resolution 78-154,
ratifying telephone poll approving acceptance of grant from FAA in the amount of $268,125.
Motion passed unanimously by roll call vote.
4 . _-1_41 0-16: Resolution 78-155
Mayor O'Reilly read Resolution 78-155 by title only. "A resolution awarding contracts
�� for snow removal equipment." The meeting was opened to the public and there was no comment.
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9/ 20 - Pap 11
City Manager Wise advised that the revolution must be completed to include award of bid
r1 for grader and recommended that Evans Engineering for a Champion 740 in the amount of
$79,002 be inserted into the resolution.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackorly, for adoption of Resolution
78-155, and including award of grader bid to Evans Engineering for a Champion 740 in
the amount of $79, 902.
Councilman Ambarian questioned the difference in price between the two graders bid and
Public Works Director Keith Kornelis stated they varied greatly in weight, ability, eta.
Councilman Ambarian stated that perhaps the FAA should be contacted to determine if
the higher bid could be accepted in that neither units met the bid specifications exactly.
MOTION:
Councilman Whelan moved to table the resolution and direct the Attorney and Public Works
Director to fly to Anchorage and meet with representatives of the FAA relative to the grader
bid. Motion died for lack of second.
Councilwoman (click suggested that the resolution be defeated and the City Attorney could
then talk with FAA personnel relative to the matter and conduct a telephone poll for
approval of the bids accordingly.
QUESTION - ADOPTION
Failed unanimously by roll call vote.
Council discussed the need for ordering the equipment as soon as possible as shipping
dates would run into the winter snow removal time.
MOTION - RECONSIDERATION
Councilman Acxerly moved, seconded by Councilman Whelan, for immediate reconsideration
of Resolution 78-155.
Motion passed by roll tali vote with Councilman Ambarian voting no.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of
Resolution 78-155.
Council concurred that the representative from Evans Engineering be allowed to speak
and he advised Council that the reason for the difference in his grader and the Clark
was that the bid specifications did call for a 4-wheel drive rather than the 6-wheel drive
bid by Equipment Servkw s, Ltd
QUESTION:
Motion failed by roll call vote.
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! 0-17: Resolution 78-156
Mayor O'Reilly read Resolution 78-158by title only. "Ratifying the telephone poll conducted
September 14th concerning proposed painting of linos and markings on various City streets."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilman Ackorly moved, seconded by Councilman Ambarian, for adoption of Resolution
78-156, ratifying the telephone poll relative to the painting of lines and markings and
approving transfer of funds to cover such service.
Motion passed unanimously by roll call vote.
0-18: Resolution 78-157
Mayor O'Reilly read Resolution 78-157 by title only. "A resolution of the Council setting a
policy on procedures regarding the release of news and other informational items of
interest to the news media and the public at large." Mayor O'Reilly opened the meeting to
the public. There was no comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Ambarian, for adoption of
Resolution 78-157, setting a policy regarding release of news and other informational items
to the news media and public at large.
Councilwoman Glick advised that the intent of this resolution was not an attempt to suppress
the news media but to make certain that the information being given out of City Hail to the
press and public was factual and accurate. Councilwoman Glick further informed Council
that she had contacted the cities of Soldotna and Homer and also the Borough in which
information is given the news media upon request and the Kenai Peninsula Borough prepares
a mini packet containing copies of ordinances, resolutions and minutes mid other
items of information are available upon specific request. Councilman Ambarian stated
that submission of departmental reports to the Council in advance of making them public
would provide official positions on the matters to be taken by Council and thus allowing
public release of substantiated policies on City matters.
1' MOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilwoman Glick to include ....advise the
Council and City Manager...... under Section 1.
Motion passed unanimously by roll call vote.
MAIN, AS AMENDED
Passed unanimously by roll call vote.
0-19: Insurance proposal for additional coverage
City Manager Wise advised that the City's insurance agent (Inlet Insurance) recommended
that the City take additional coverage on the newly completed 3 million gallon water tank .
This coverage would cost an additional $2 , 788, 61.
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MOTION:
Councilman Whelan moved, seconded by Councilwoman (click, for approval of additional
insurance coverage for the newly constructed water tank at a total premium of $2, 788.61.
Motion passed unanimously by roll call vote.
0-20: Assignment of lease
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of
assignment of lease from Ray Cason to AlaskaState Rank for west 1/2 of Lot 2,
Block 1, Gusty Subdivision.
Motion passed unanimously by roll call vote.
0-21: Payment to Ted Forst
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for approval of
payment in the amount of $1,059.84 to Ted Forsi & Associates.
Motion passed unanimously by roil call vote.
<3-22: Payment to Coopers & Lybrand
MOTION:
Councilman Whelan moved, seconded by Councilman Aekerly, for approval of
payment in the amount of $11, 500 to Coopers & Lybrand for progress billing for
services provided for the annual audit.
Motion passed unanimously by roll call vote.
0-23: Pay Estimate -Brown Construction
MOTION:
Councilman Malston moved, seconded by Councilman Whelan, for approval of
periodic estimate 1i3, in the amount of $17, 404.87, in the amount of $51,172.02 and
in the amount of $66,845.25 and thus requesting a reduction of retainage to 2%.
City Attorney Schlereth cautioned Council . against a large reduction of retainage percentage
as other claims, costs, relative to the project may be forthcoming. Engineer Craig
Freas stated that there are additional costs involved in which the contractor has not yet
been paid and this amount and the 2% should be adequate to cover any additional claims.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, to amend the motion to
increase the retainage percentage to 7% and, in addition, request receipt of releases
from the subcontractors involved in the various projects.
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Contractor Don Brown advised that his firm was I00% done in the field and felt tho 7%
retainago was a bit high. Councilman Ambarian inquired if the City could legally
reduce the retainage from what it is specified within the contract as these projects
were federally funded. Councilman Aber stated that bond requirements would be in
abeyance for one year after completion of project to cover additional claims.
MOTION - AMENDMENT
Councilman Ambarian moved, seconded by Councilman Malston, to amond the motion
to reduce the retainage to o%.
Motion passed by roll call vote with Glick and Whelan voting no.
MAIN, AS AMENDED
Motion passed unanimously by roll call vote.
G-24: Periodic Estimate - Doyle's Excavating
MOTION:
Councilman Malston moved, seconded by Councilman Whelan, for approval of payment
to Doyle's Excavating a Construction in the amount of $25,499.57 and to request that
contractor furnish the City with releases from the subcontractors.
Motion passed unanimously by roll call vote.
0-2S: Ordinance 437-78,
Mayor O'Reilly read Ordinance 437-78 by title only. "An ordinance appropriating
$120,000 of Federal Revenue Sharing Funds for the purchase of a road grader and
declaring an emergency."
MOTION:
Councilman Whelan moved, seconded by Councilman Aekerly, for introduction of
Ordinance 437-70, and declaring an emergency.
Motion passed unanimously by roll call vote.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Ordinance 437-78, appropriating $120,000 from Federal Revenue Sharing Funds
for purchase of a road grader and declaring an emergency.
Mayor O'Reilly opened the meeting to the public. There was no comment.
QUESTION:
Motion passed unanimously by roll call vote.
REPORTS
Mr. Oscar Thomas - KUSCO
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Mr. Thomas came before Council to request consideration relative to relocation costs
incurred by KUSCO of gas lines during City construction projects. KUSCO was
requesting approximately $20,000 in reimbursement costs. Mr. Thomas stated that
he felt the memorandum from the Public Works Director was inaccurate and the
relocations wore done so per specified standards. Mr. Thomas reported to the Council
that the amount of $0,447•1 that the City believes is owing is not acceptable to his firm.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, that as the City Attorney
was just in receipt of the memorandum relative to the matter and would need to
review the memorandum accordingly, a meeting between the City Attorney,
Mr. Thomas and representatives from Wince-Corthell be set and a report submitted
to Council for further consideration.
Motion passed unanimously by roll call vote.
CONVENTION BUREAU
Councilman Malston stated he felt that the request for assistance from the City of
Kenai by the Greater Kenai Convention s Visitors Bureau was reasonable and asked
for a report from the Finance Department. Acting Finance Director Charles Brown
reported that there were monies available from the contingency fund within the
General Fund.
1IOTION:
F� Councilman Malston moved, seconded by Councilman Ackerly, that the City of Kenai
make a donation in the amount of $2,000 to the Greater Kenai Convention s Visitors
Bureau.
MOTION - AMENDMENT
Councilman Ambarian moved, seconded by Councilwoman Glick, to amend the motion
from $2,000 to $600.
=- Councilman Ambarian stated that he felt $500 was not truly adequate in comparison to
donations from other cities in the State to their Convention Bureaus; however, it would
be in line with the Council policy of not making donations to various groups within
the City. Councilman Malston stated that this Bureau would greatly benefit the City
and aid in increasing the economy of the City.
QUESTION:
Motion failed by roll call vote with Councilmembers Ackerly, Walston, O'Reilly
and Whelan voting no and Councilmembers Abet, Ambarian and Glick voting yes,
MOTION - AMENDMENT
Councilman Whelan mo•-red, seconded by Councilman Ackerly, to amend the motion
to $1, 000.
W Motion failed by roll call vote with Councilmembers Aber, Ambarian, Glick and
r Malston voting no and Councilmembers Ackerly, O'Reilly and Whelan voting yes.
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MOTION:
Councilman Ambarian moved. seconded by Councilwoman Glick to amend the motion
to $760.
Motion passed by roll call vote with Councilmembers Aber, Ambarian, Glick and
O'Reilly voting yes and Councilmembers Ackerly, Malston and Whelan voting no.
MAIN, AS AMENDED:
Motion passed unanimously by roll call vote.
H-1: City Manager's Report
City Manager Wise reported that the Council ad hoc committee met and recommended
that modifications to the Sewer Treatment Plant be given no further considerations
at this time.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, that all modifications
a to the Sewer Treatment Plant be hereby suspended.
Motion passed unanimously by roll call vote.
(b) City Manager Wise inquired if Council would concur to file a letter with EPA for
the City of Kenai to obtain primary treatment.
e,fOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, that Administration
be authorized to proceed with requests for consideration for primary treatment
for the City of Kenai sewer treatment.
Motion passed unanimously by roll call vote.
(a) Assignment of Lease
City Manager Wise reported that the assignment had been lost in the mail and arrived
too late for inclusion in the Council packet and would, therefore, request approval.
MOTION:
Councilman Ackerly moved, seconded by Councilman Whelan, for approval of
` assignment of lease from Beluga Development Corporation to the First National
Bank of Anchorage.
Motion Passed unanimously by roll call vote.
- -- (d) Chevron gas installation - would like permission to extend lease for six months
until lease rate is negotiated.
Jail contract - City Manager Wise reported that the contract has arrived and
the Police Chief, City Attorney and himself would be reviewing the contract
document and then presenting it on to the Council for consideration .
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(f) Facilities Plan - C112M Hill has roquested additional funds for the project as
they are experiencing cost overruns bocause of delays (at the requost of the City
and delays from HPA) . C112M Hill anticipnto that $12, 000 will be needed to complete
the project. City Manager Wise advised that he has asked HPA to increase
funding and upon approval from P.PA, the City's share will be approximately $1,600.
MOTION:
Councilman Aber moved, seconded by Councilwoman (flick, to authorize the
City Managor to apply for additional grant monies from EPA in the amount of
$12,000.
Motion passed by roll call vote with Councilmembors Ackerly, Malston and
Whelan voting no.
MAYOR a COUNCIL - QUESTIONS AND COMMENTS
Councilman Whelan stated that he would request Administration draw up an
ordinance allowing the transfer of monies within a department budget as long
as personnel services and capital projects are not included - those transfers
could be made without Council approval.
.
Councilman Ambarian stated he would disagree very strongly as Council needs to
keep fiscal control. Councilman Whelan stated he felt it was very cumbersome for
Administration to have to present all transfers of funds within departments to Council.
Councilman Ambarian inquired as to Animal Control and Public Works project requests,
the City would require an engineering proposal and would request basic drawings prior
to authorizing the projects.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman 0110k, to authorize the City Manager
to proceed with engineering proposals for additions to tho Animal Control facility and to the
City Shop.
Motion passed unanimously by roll call vote.
RELOCATION OF CITY BALL
Councilman Ambarian stated that Council was aware that the Department of Revenue must
be moved because of the jail contract, however, he would strongly oppose any expenditures
of monies for the improvement of the old Public Safety Building for use as a City Hall.
Mt,° TION:
Councilman Ambarian moved, seconded by Councilman Whelan, that the Council opposes
any expenditure of monies to be utilized towards the reconstruction of the old Public Safety
Building at this time.
Motion passed unanimously by roll call vote.
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11-2: City Attorney's Report
City Attorney Schlereth stated that a letter had been received relative to ACV9 claim
against the City in that the Airport paving project caused them tr, lose business. In
discussing the matter with Finance, the gross receipts show that Daddy's Money has had
an Increase in business and Mr. Schlereth stated that he felt their claim would be difficult
to prove.
NOTION:
Councilman Ackerly moved, seconded by Councilman Whelan, that a letter be sent out by
the City Attorney acknowledging receipt of the letter of claim against the City by ACI.
Motion passed unanimously by roll call vote.
H-3: Mayor's Report
None
H-4: City Clerk's Report
None
H-6: Finance Director's Report
None
H-6; Planning a Zoning Commission's Report
None
-;-7: Borough Assembly's Report
Mayor O'Reilly advised that relative to the proposed dock and harbors study, the
Assembly will have its own committee and Mayor O'Reilly requested one of the representatives
from Kenai be placed on the committee.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
ADJOURNMENT
There being no further business to be brought before Council, the meeting adjourned at
b 45 a.m.
Respeedully submitted,
Ruet. Peter, City Clerk