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HomeMy WebLinkAbout1978-11-01 Council Minutesa A0EN1)A KENAI CITY COUNCIL - REGUi.AR NiP.ETINO NOVEMIIER 1, 1070 - 7: 00 P.M. KENAI PUBLIC SAFETY BUiLDINO PIAUGH OF ALLEQIANCE A, ROLL CALL AGENDA APPROVAL 0. HEARiNGS 1. Ordinance 443-78, Establishing a re verve for Sewer Treatment Plant Improvements 2. Ordinance 444-78. Incroasing estimated revenues/appropriations by $28.500 Title 11, Anti -Recession Revenue Sharing Funds S. Lease - Union Oil Company C. PERSONS PRESENT SCIiEDUI,F.D TO BE HEARD 1, John Amundsen - Thompson Park resident D. MINUTES 1. Minutes of the regular meeting of October 18, 1078 2. Slinutos of the spooial mooting of October 21, 1078 E. CORRESPONDENCE F, OLD BUSINESS 0. NEW BUSINESS 1, Bills to be paid - bills to be ratified 2, acquisitions exceeding $500 2. Ordinance 440-78, Appropriating $3,477 - purchase of road grader 4. Ordinance 446-78, Increasing estimated revenues/appropriations by $4,000 in the Capital Project Fund entitled "Facilities Design" 0, Ordinance 447-70, Declaring certain buildings a related equipment surplus 0. Ordinance 44848, increasing estimsted revenues/sppropriations by $182 Capita Project Fund entitled "Forest Drive Waterline" 7. Resolution 78-172, Approving eontrsat with CI12RI IHri - Repair of Airport runway S. Resolution 78-170, Transfer of funds to provide additional monies for advertising 0. Resolution 78-180. Rescinding Res, 78407, relative to the rokuue of public information 10, Resolution 78-181, Ac"7ting grant offer from EPA for t O.W,' 11, Resolution 78402, Transfer of funds - LPVI Capital Projers "Redoubt fay Paving" 12, Resolution 78-103, Transfer of funds - Warm Storage Facility Winterization 18. Resolution 78-184, Award of bid - winterization of farm Storage Vacuity 14. Resolution 78-18S, Award for Water and Sower Engineering 10. Discussion - R, Les Seafoods permission to utilize gravel 10. Discussion - insurance for Liquor Legal Liability M Payment to IMI Consultants for Airport Road project quality control testing 18, Payment to CH21t still - Sower Treatment Plant Modification Contract Documents 10, Payment to Ted Feral a Associates - Kenai Waterline 20. Proposal for editorial work end printing of the Kenai Municipal Code X. Amendment to lease - Baldwin. Rogers, Arness a Arness 22, Amendment to base - Airport Terminal Facility - Kenai Air Service 22. Change Order Numbers 1, 2 and 3 - Brown Construetion 24. Ltwae of Warm Storage Facility for Airport Equipment 25, Discussion - Tidelands Jesse - Kenai Native Association. Inc. 20. Discussion - Kenai Utility Service Corporation settlement 21. Discussion - Addition to Animal Shelter and City Shop 28, Periodic Estimate /0 - Rockford Corporation lI. REPORTS 1, City Stinger 2. City Attorney 2, Mayor ! = 4, City Clark S, Finance Director 0. Planning a Zoning Commission 7, Ilensi POWMWa Borough Assembly MAYOR a COUNCIL - QU1'ffTI0T1t3 AND M.1MpNTS 1, PERSONS PRESENT IJOT ,1CHEDULED TO BE HEARD AMOURNGJENT I I i 4 JJI 1 KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 1, 1979 - 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING COUNCILMAN EDWARD AMBARIAN PRESIDING PLEDGE OF ALLEGIANCE i A. ROLL CALL Present: Michael Seaman, Phillip Aber, Edward Ambarian, Betty Glick and Ron Malston. Absent: Dan Whelan and Vincent O'Reilly AGENDA APPROVAL Approved as distributed. B. HEARINGS � B-1: Ordinance 443-78, Reserve for Sewer Treatment Plant Improvements ; i Councilman Ambarian read Ordinance 443-78 by title only. "An ordinance establishing a reserve for Sewer Treatment Plant improvements in the Water and Sewer Special Revenue Fund to be funded from the General Fund reserve for Capital Improvements and the Water and Sewer Fund Reserve for future plant expansion." City Manager Wise reported that this ordinance was prepared to set aside a portion of the local share of anticipated costs of upgrading the Hewer Treatment Plant. y •r MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of ; Ordinance 443-78, establishing a reserve for Sewer Treatment Plant improvements. t Councilman Ambarian opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. B-2: Ordinance 444-78, Increasing estimated revenues and appropriations b Councilman Ambarian read Ordinance 444-78 with the correction in the amount contained in the title of the ordinance. "An ordinance of the Council of the City of Kenai increasing estimated revenues a appropriations in the amount of $20,400 for Title II, Anti -Recession Revenue Sharing Funds." � C Wise advised that the C RY Manager 8 icy will no longer be receiving anti -recession funds as they have been eliminated. November 1, 1978 - Page 2 MOTION: Councilwoman ©lick moved, seconded by Councilman Malston, for adoption of Ordinance 444-78, increasing estimated rovonues and appropriations by $29,400 - Title II, Anti -recession Revenue Sharing Funds. Councilman Ambarian opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. B-3: Lease - Union Oil Company City Manager Wise advised that in lieu of a formal lease document, the City will be issuing a Special Use Permit to Union Oil Company for their proposed drilling operations. Mr. Larry Vavra of Union submitted documents to the Council depicting the plan and scope of the proposed operation, a copy of the survey of the area in question and other materials relative to the proposed drilling operation. Councilman Ambarian opened the hearing to the public for comment, There was none, Pr. , MOTION: Councilman Malston moved, seconded by Councilwomen thick, that the Council authorize Administration to proceed with preparation of the Rpecial Ilse Permit allowing Union Oil to utilize specific City lands for proposed drilling operations, 4 Motion passed unanimously by roll call vote. . C. PERSONS PRESENT SCHEDULED TO BE HEARD V, C-1: John Amundsen, resident of Thompson Park Mr. Amundsen came before Council to request consideration for the replacement of access to a residence that he owns. Mr. Amundson explained that during the upgrading of the street in front of the residence, the City contractors eliminated the access. Mr. Amundsen presented photographs of the area in question atad advised that the one access to the house that the contractor did replace was to a garage in the basement of the residence and guests at al would only have access through the basement. Mr. Amundsen stated he felt the access should be replaced and had contacted Administration and was advised by Mr. Wise that the City only allocated one access per residence and would not be able to comply with Mr. Amundson'a request. Cc uneilmon -' Malston stated he felt that it appeared that the City should make replacement of the driveway and install a culvert. Councilman Aber stated he felt that the installation of a culvert may not offer relief to the problem as the embankment to very high now and perhaps the City -- - would have to provide a great deal of fill. Councilman Aber also cautioned the Council -- - to be prepared for similar requests from citizens that have the same problem as G does Mr. Amundsen. Councilman Ambarian stated that the policy prior to the start of the various road projects was that City would provide access to lots with existing structures on them. Councilman Ambarian also stated that due to weather conditions, the city should proceed without delay If Mr, Amundsen's request is to be granted. f I November 1, 1976 - Pago 3 MOTION: Councilman Malston moved, seconded by Councilman Seaman, to correct the situation of no access to the property in question owned by John Amundsen using the best possible method applicable to the problem. MOTION - AMENDMENT Councilman Aber moved, seconded by Councilwoman nliok, to amend the motion to include the following wording: "restore existing driveway" and, in addition, if available, such costs incurred to be funded from the road construction project itself. Motion passed unanimously by roll call vote. -- - MAIN, AS AMENDED Passed unanimously by roll call vote. D. MINUTES D-1: Minutes of the regular meeting of October 18, 1978 Approved as distributed D-2: Minutes of the special meeting of October 21, 1078 Approved as distributed E. CORRESPONDENCE None F. OLD BUSINESS None 0. NEW BUSINESS j G k Bills to be paid - bills to be ratified J � MOTION: Councilman Mslston moved, seconded by Councilwoman click, 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: Requisitions exceeding $500 v> _ Finance Director Charles Brown advised Council that the item for payment to Inlet Instruments for the repair of street lights is over the budgeted amount and his Department '-' will prepare a resolution with proper transfer of funds to cover this billing which will be presented at the next meeting. 71 . t � - November 1, 1978, Page 4 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of requisitions exceeding $500 as submitted this date and, in addition, direct the Finance Department to prepare the proper funding resolution. Motion passed unanimously by roll call vote. 0-3: Ordinance 445-78, Appropriations - $3, 477 Councilman Ambarian read Ordinance 445-78 by title only. "An ordinance appropriating $3,477 of Federal Revenue Sharing Funds for the purchase of a road grader." MOTION: Councilman Malston moved, seconded by Councilwoman Click, for introduction of Ordinance 445-78 appropriating$3,477 for the purchase of a road grader. Motion passed unanimously by roll call vote. 0-4: Ordinance 440-78, "Facilities Design" Councilman Ambarian read Ordinance 446-78 by title only. "An ordinance of the Council increasing estimated revenues and appropriations and creating the Capital Project Fund entitled "Facilities Design" project by $4,500." MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for introduction of Ordinance 440-78, increasing estimated revenues ana appropriations by $4,500 Facilities Design. Motion passed unanimously by roil call vote. 0-5: Ordinance 447-78, Declaring certain buildings a materials surplus Councilman Ambarian read Ordinance 447-78 by title only. "An ordinance declaring certain buildings and related equipment and materials surplus." MOTION: Councilwoman Oliek moved, seconded by Councilman Malston, for introduction of Ordinance 447-78, declaring certain buildings and materials surplus. Councilman Malston inquired if some of the items on the list could not be used by the City such as the eight bags of lime and was advised by the Public Works Director that he felt tho equipment and a pplies would not be utilized by the City crews nor could the condition of the materials be determined. Councilwoman Glick commented that during 14 the budget work sessions it was discussed as to the vossibility of moving the well building into the shop yard for additional storage, etc. Councilwoman Click suggested that consideration be given to such relocation prior to passage of the ordinance declaring the building surplus. Public Works Director Kornelis advised that he felt moving the building would be more costly and time consuming than it would be worth. Mr. Kornelis I I I . ...........- 4 , November 1, 1078, Pago a reported that in order to utilize the building for storage large overhead -type doors would have to be installed for easy access. Mr. Kornelis nlw commented that the valves and other items listed on the ordinance are part of the integral system of the well house and it would be very difficult to remove and use the equipment. Councilman Aber also commented that most of the instruments, valves, etc, within the building have been badly vandalized and were no further use to the City. Councilman Ambarion stated that with reference to the relocation of the building, he would oppose using city crews as contract labor. City Manager Wise suggested that members of Council look at the building to see if moving it would be justified, QUESTION: Motion for introduction passed unanimously by roll call vote. 0-8: Ordinance 448-78, Increasing estimated revenues and appropriations Councilman Ambarlan read Ordinance 448-70 by title only. "An ordinance increasing estimated revenues and appropriations by$182 in the Capital Project fund entitled "Forest Drive Waterline". MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for introduction of Ordinance 448-78, increasing estimated revenues/appropriations by $162 "Forest Drive Waterline" project. Motion passed unanimously by roil call vote, 0-7: Resolution 78-173 Councilman Ambarian read Resolution 78-173 by title only, "A resolution approving a I� contract with CH2M Hill for ADAP Project 08-02-0142-04, repair of Kenai Municipal Airport Runway and related facilities," Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Resolution 78-173, approval of contract with CH2M Hill, runway and related facilities. ' Motion passed unanimously by roll call vote, G-8: Resolution 78-179 Councilman Ambarian read Resolution 78-179 by title only. "Transfer of monies within the 1978-79 General Fund Budget from contingency to City Clerk/Advertising in the amount of $2,000 to provide additional funding for advertising. Councilman Ambarian opened the meeting to the public, There was no comment. =_ MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Resolution 78-170, transferring $2,000 for the purpose of additional funding for advertising. Motion passed unanimously by roll call vote. _tt �12� r- 4 J � f November 1, 1978, Page 6 h G-9: Resolution 78-180 Councilman Ambarian read Resolution 78-180 by title only. "A resolution rescinding Resolution 78-157 and adopting in its place a general policy statement embodying the City'a position as it relates to the release of public information." Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to postpone introduction of Resolution 78-180 until the next regular meeting of Council. City Attorney Schlereth advised Council that he determined the preparation of this resolution would better fit the needs of the City and would enable the Administration to enforce the resolution without much difficulty rather than take steps for introduction of an ordinance that would be extremely restrictive. Councilwoman Glick stated that the Borough had prepared an ordinance (78-58) relative to the release of public informatioN etc., which was much more restrictive than the City's prior Resolution 78-167. Councilwoman Glick stated that her reasoning in postponing consideration of Resolution 78-180 would be to wait until the Borough has taken action on their proposed ordinance. Councilman Ambarian advised that the ordinance was sent to committee for further review and discussion. City Attorney Schlereth advised that with passage of Resolution 78-180 the City of Kenai would be in compliance with the wishes of the Court relative to the pending case against the City of Kenai in this regard. AA WITHDRAWAL OF !NOTION: �d With consent of second, Councilwoman Glick withdrew her motion. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Resolution 78-180, rescinding Resolution 78-157 and in its place a general policy statement relative to the release of public information by the City of Kenai. Motion passed unanimously by roll call vote. 4 a� 0-10: Resolution 78-181 Councilman Ambarian read Resolution 78-181 by title only. "A resolution of the Council of the City of Kenai accepting a grant offer from the U . S . Environmental Protection Agency for $6,000." Councilman Ambarian opened the meeting to the public. There was no comment. Ij MOTION: ' II Councilman Malston moved, seconded by Councilwoman Glick, for adoption of - — ; Resolution 78-181, accepting a grant after from the Environmental Protection Agency in the amount of $6,000. Motion passed unanimously by roll call vote. 0 ti x %= i 1 November 1, 1978 •- Pago 7 0-11: Resolution 78-182 Councilman Ambarian road Resolution 78-182 "transfer of monies within I,PW Capital Project Fund entitled Redoubt Way Paving in the amount of $376 to provide funding for the R&M Consultants, Inc. invoice for project testing." Councilman Ambarian opened the mooting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman (click, for adoption of Resolution 78-182, transferring funds in the amount of $376 for project tooting. Motion passed unanimously by roll call vote. 0-12: Resolution 78-183 Councilman Ambarian road Resolution 78-163, transfer of monies within the Warm Storage Winterization project in the amount of $5,027 to adequately fund the construction phase of the project. Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilman Seaman moved, seconded by Councilman Aber, for adoption of Resolution 78-183. transferring monies within the Warm Storage winterization project in the amount of $5,027. Motion passed unanimously by roll call vote. 0-13: Resolution 78-184 Councilman Ambarian read Resolution 78-104 by title only. "A resolution of the Council Of the City of Komi awarding contract for the Winterization of the City of Kenai's Warm Storage Building to Brown Construction Company for $28,000." Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Aber, for adoption of Resolution 78-184, awarding contract for the winterization of the Warm Storage Facility to Brown Construction for $28,000, Motion passed by roll call vote with Counailwoman Glick voting no. 0-14: Resolution 78-185 Councilman Ambarian read Resolution 78-185 by title only. "A resolution of the Council authorizing 6 contract for engineering between the City of Kenai and the below mentioned engineering firms." • i November 1, 1978 - Page 8 Councilman Ambarian opened the meeting to the public. There was no comment. Councilman Ambarian advised that the following engineering projects: (1) water and sewer from Kenai Spur Road along the Bridge Access Read to Beaver Loop; (2) waterline loop from the Bridge Access Road along Beaver Loop back to the Kenai Spur; (3) extension of the waterline in Thompson Park from Dogwood along the Kenai Spur to Lupine; and j (4) waterline loop tic -ins on Spruce and both onda of the Kenai Beach Rd. had several firms submitting proposals and should be reviewed by the ad hoe committee from Council and firm "not to exceed figure" determined accordingly. MOTION: Councilmen Ambarian moved, seconded by Councilman Aber, to table the matter of authorizing a contract for engineering for the abovo-mentioned projects until such time that the ad hoc committee from Council has reviewed the projects and made a recommendation to Council on the whole. Motion passed unanimously by roll call vote. 0-16: Discussion - R. Lee Seafoods City Manager Wise advised Council that he had advised R4 oo of the pending drilling operation in the area by Union Oil and asked that R- Lee cease any further removal of gravel from the City pit located on the property to be leased by Union Ail. Mr. Wise further commented that R- Lee had submitted a copy of a letter dated April 8, 1974 in which the City granted permission for R-Lee to utilize gravel from the pit adjacent to the cannery with certain restrictions. Mr. Wise stated that the City had no records of receiving payment from R- Lee for gravel extracted over the past four years. Mr. Wise stated that he has asked R- Lee to submit an itemized report to the City as to the quantities of gravel extracted, etc. MOTION: Councilman Aber moved, seconded by Councilman Malston, that the permit issued April 9, 1974 to R- Lee Seafoods for extraction of gravel from the City of Kenai's pit be hereby revoked and determination of quantities extracted be made for monetary settle- ment to the City by R- Lee. Motion passed unanimously by roll call vote. 0-18: Discussion - Insu eiiccm for Liquor Liability City Manager Wise reported that the City's insurance carrier had submitted a proposal for coverage for the City relative to the Airport Lounge and liquor liability. Mr. Wise advised that the City may be held liable as the City of Kenai,s name appears on the liquor license. City Attorney Schlereth stated that Aviation Consultants, Inc. do not presently carry the insurance and the City has not provided for such coverage within the lease agreement with ACI . Councilman Malston suggested that consideration be given to writing Me insurance requirement into the lease in the future. I ; F9 � -, 11 . r V ' November 1, 1078 - Page 0 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, that the City of Kenai purchase liquor legal liability insurance for coverage as concerns the lounge operation in the Airport Terminal Building for $4,001. Motion passed unanimously by roll call vote. 0-17: Payment to R&M Consultants MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for approval of payment of $720.70 to RAM Consultants, Inc. for construction quality control testing service for the Airport Road project and the Redoubt Way project. Motion passed unanimously by roll call vote. 0-18t Payment to C112M Hill MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for approval of payment in the amount of $101.82 for CH2M Hill to Sewer Treatment Plant modification contract documents. Motion passed unanimously by roil call vote. J B-10: Payment to Ted Forst a Associates MOTIONs Councilman Malston moved, seconded by Councilwoman Glick, for approval of payment in the amount of $2, 764, 88 to Ted Forst a Associates for Kenai waterline project engineering work. Motion passed unanimously by roil tail vote. 0-20: Proposal for editorial work on Code City Attorney tichlereth advised that he had received a proposal for editorial work and printing of thirty copies of the Kenai Municipal Cade by Book Publishing Company. Mr. Schlereth stated that approximate cost would be $6,000 and would include the assistance of a large legal research group. MOTION: Councilwoman Glick moved, seconded by Councilman Beaman for approval of contract with Book Publishing Company for editorial work and printing of thirty copies of the Kenai Municipal Code for a cost not to exceed $6,000 and, in addition. the Council hereby authorizes submission of a down payment in the amount of ft,000 to be sent to Hook Publishing Company immediately. Motion passed unanimously by roll call vote. J :- November 1, 1978 - Page 10 0-21: Amendment to Lease City Attorney Schlereth advised that this amendment to the lease of Rogers, Baldwin, Arness 6 Arness would bring their lease into compliance with Ordinance 400-78, policy on lease of City owned lands. Mr. Sehlereth further commented that as there will be many lease amendments similar to the one before Council, he would recommend that the Council authorize the City Manager to approve such amendments without each one being presented to Council. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for approval of amendment to lease of Airport lands or facilities, Rogers, Baldwin, Arness a Arness, relative to lots S and 8, Block 3, Cook Inlet Industrial Air Park and further that the City Manager be authorized to approve all future lease amendments which would bring the lease into compliance with the stipulations of Ordinance 400-78. Councilman Malston requested that when an amendment is approved that Administration advise Council of such transaction. QUESTION: Motion passed unanimously by roll call vote. 0-22: Amendment to lease City Manager Wise advised that this lease amendment would allow Kenai Air Service to provide the use of their facility in the Terminal for a car rental agency. MOTION: " Councilwoman Glick moved, seconded by Councilman Malston, for approval of amendment to lease of Terminal Space, Kenai Air Service, to allow the operation of a car rental agency. Motion passed unanimously by roll vote. 0-23: Change Order 1, 2, and 3 - Brown Construction Public works Director Keith Kornelis advised that the Change Orders appeared to be in order. MOTION: Councilman Seaman moved, seconded by Councilman Malston, for authorization of the work contained within Change Order Numbers 1, 2 and 3. MOTION - AMENDMENT Councilwoman Glick moved, seconded by Councilman Malston, to amend the motion that approval is contingent upon each document being signed by the engineer. Motion passed unanimously by roll call vote. MAIN, AS AMENDED: Passed unanimously by roll call vote. I I , „_ -&. i ;. A " .. _ .t.-i I. ­ 0 November 1, 1078 - Page 11 0-24: Lease of warm storage facility City Manager Wise advised that this lease would provido warm storage for the airport snow removal equipment. Public Works Aireetor Keith Kornelis stated that the lease indicated acceptance of the facility "as is" and he had received reports that two of the heaters in the facility were not working as well as junk automobiles wore strewn about the property. MOTION: Councilman Malston moved, seconded by Councilman Aber, for approval of lease of Lots 10, 17, 16 and 19, including the hangar and any improvements thereon for a term of six months at a monthly rental of $2, 200 from Peninsula Enterprises, Inc. contingent upon removal of junkwhiclea and repair of non -working heaters. Motion passed unanimously by roll call vote. 0-25: Discussion - Tidelands City Manager Wise stated he wished to bring the request for a 55 year lease submitted by Kenai Native Association to the attention of Council. Mr. Noise advised that KNA plans to construct a $3,000,000 fish processing plant dock with a boat lift and grids and the location would include the adjacent Cfty owned tidelands. RNA is now requesting a 65 year tidelands lease from the City, Mr. Wise reported that the matter will require a survey prepared which will be at KNA's expense. City Attorney Schlereth advised Council that his department would prepare a tidelands lease ordinance for presentation to Council at the next regular meeting. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, that the lease application as submitted by Kenai Native Association be forwarded to the Planning and Zoning Commission for their review and such lease application be considered as a "conceptual lease application" until such time that a tidelands ordinance has been prepared and pre- sented by the City Attorney, Motion passed unanimously by roll call vote, 0-26: Discussion - Kenai Utility Corporation City Manager Wise advised that as a result of conversations between Mr. Oscar Thomas of KUSCO, et al, a "settlement of disputed claim" was prepared and signed by Mr. Thomas in which the City will agree to pay in final settlement a sum of $5, 631 and further the City will prepare an ordinance establishing procedures and guidelines for the proper place- ment of utilities within public rights -of -way and the written formalization of basic notice practices between the City and utilities. MOTION: Councilman Malston moved, seconded by Councilman Seaman, for approval of "Settlement of Disputed Claim" with Kenai Utility Service Corporation and final payment for claims against the City of Kenai in the amount of $5, 62. Motion passed by roll call vote with Councilwoman Glick voting no. i Novomber 1, 1978 - Page 12 0-27: Disoussion - Addition to Animal Shelter and City Shop City Manager Wise requested that these items be referred to the ad hoo committee from Council for review prior to submission to the Council on the whole. 0-28: Periodic Estimate 1i8 - Rockford Corporation City Manager Wise recommended that retainage be 2% with an amended amount of $33,831.64. MOTION: Councilwoman Glick moved, seconded by Councilman Maleton, for approval of Periodic Estimate No. 8 in the amount of $33,831.54, with a 2% retainage, to Rockford Corporation . Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report (a) City Manager Wise advised that there will be a meeting with contractor Don Brown and Administration at City hall relative to various claims on the projects Mr. Brown has been involved in with the City. (b) Float Plane Basin - City Manager Wise stated that as there is a great deal of vandalism occurred at the water reservoir he would like permission to look off the gates which would also prevent entry to the float plane basin. Mr. Wise stated prior to locking up the gates, he would contact all users of the float plane basin. MOTION: Councilman Seaman moved, seconded by Councilman Malston, that the Council hereby direct Administration to lock up the float plane entry gates effective November 8, 1978. Motion passed unanimously by roil call vote. i (a) City Manager Wise reported that the Commissioner of the Department of Highways had advised the Administration that the State will assume responsibility for the maintenance of Forest Drive and will reimburse the City for costs incurred. The State will also approach the City relative to the City continuing maintenance with reimbursement from the State. MOTION: Councilwoman Glick moved, seconded by Councilman Aber, that the City concur with the request of the State to continue maintenance of Forest Drive with reimbursement for costs Involved from the State and, in addition, the City provide only snow removal services. Motion passed unanimously by roll call vote. .4 A T t' Noyember 1, 1078 Page 13 (d) Deepwood Park Mr. Wise reported that Deepwood Park is now being occupied and the streets have not been accepted for maintenance by the City. Mr. Wise advised that the developer had been contacted that the curbs and gutters would not meet specifications and the City would not assume maintenance service until such time the problems were remedied. Councilman Aber inquired if the City would be liable to provide police and fire protection in an approved subdivision and Mr. Wise responded that the City would make every effort to respond to emergency calls. Councilman Malston stated that he felt there should be some solution in order to provide minimal service to the residents during this snow season which would give the contractor and developer until next construction season to make the necessary adjustments. Councilwoman Glick advised that a few years ago the City refused to accept the streets in the Tuttle subdivision and to date the City has not assumed responsibility for maintenance. Councilman Aber suggested that if the developer were sincere in correcting the errors by next construction season, the City could request that an escrow account or bond be established to insure that the work will be done and in the interim the City would provide maintenance. MOTION: Councilman Aber moved, seconded by Councilman Malston, that Administration be directed to contact the developer of Deepwood Park and inform him once more of the existing problems which do not meet standard specifications and if a good faith effort (bond, escrow account, eta.) is agreed upon the City would provide snow removal service for the upcoming winter season. Councilman Beaman stated that the City should determine all liabilities involved prior to any maintenance service. QUESTION: Motion passed by roll call vote with Councilwoman Glick voting no. QUESTIONS AND COMMENTS Councilwoman Glick commented that a citizen of the community came before Council this evening requesting special consideration relative to a condition in which his property was left after a City construction project on the street in front of his property. Councilwoman Glick further commented that for several meetings, the citizens of Lilac Street have come before Council requesting Council consideration to a problem which they feel still exists after roeonstruetion of their street and, to date, Council has not addressed the problem and arrived at a conclusion to their alleged problems. The residents of Lilac were advlaed that City Administ.ration,the contractor, engineer, etc., would meet with them to discuss their concerns and, again Councilwoman Glick stated that this has not been done. Councilwoman Glick also referred to the alleged problem existing on Raven Street in which Mr. Calvin Quandt has written to the City and come before Council and has received no response to his concerns. Councilwoman Glick stated that it was her opinion that the City address the problems of these residents immediately. Also, Councilwoman Glick stated that she felt the reason for adopting Resolution 78-157 was J in order to provide timely and accurate communications with the public and stated she felt the City should endeavor to increase the lines of communications (i.e. return telephone calls, aft.). Councilwoman (flick also requested that a list of Council questions be prepared after each Council meeting and status of each inquiry prepared for presentation at the ..- .:.- --,I , - - ' 1 November 1, 1078 - Page 14 next meeting following -- perhaps the City Clork could prepare such a list to be utilised by Administration in responding to the questions submitted. City Manager Wise stated that he did respond to Air. Quandt's inquiry relative to the condition of Raven Street and advised Mr. Auandt if he did not accept the decision of City Administration, he could appeal to the Council. H-2: City Attorney's Report City Attorney Schloroth reported on the meeting with the bond attorneys relative to the provisions in the City Charter and if such bonding could be offered to prospective industries for relocation in the area. City Attorney Schlereth stated it will be necessary to hold a special election for an amendment to the Charter. Councilman Ambarian stated that the question of giving industrial bonding assistance and can the City assist outside their boundaries did come up at the meeting with ALPETCO in Houston. Councilman Ambarian stated he felt the matter should be presented to the voters for amendment to the City Charter as soon as possible. Councilman Ambarian advised that Fairbanks had endorsed Valdez for the location of the ALPETCO facility and would suggest that perhaps members of Council, while attending the Municipal League meetings the week of November 8th, contact the Anchorage contingency to seek their support of Kenai as the site location. MOTION: Councilwoman Glick moved, seconded by Councilman Beaman, for approval of payment to WohNorth and Flint in the amount of $1,280.60 for professional services rendered relative to bonding and further to instruct Administration to prepare an ordinance allowing for a special election for a charter amendment and copy of such ordinance be sent to ALPETCO to indicate the City of Kenai's intent. Motion passed unanimously by roll call vote. (B) Platt vs. CBS Real Estate - City Attorney Schlereth advised that this matter had been resolved through summary judgement in the City's favor. H-3: Mayor's Report Acting Mayor, Edward Ambarian, advised Council that the annual Fireman -Policeman's Bail will be held November 11 at the Kenai Elks Club. Tickets are $20 per couple for an evening of dinner and dancing. H-4: City Clerk's Report None :i-S.- Finance Director's Report None 1 S � L{_ j November 1, 1976 - Page 15 H-Os Planning a Zoning Commission Councilwoman Glick reported on the Commission meeting of October 25th in which a public hearing was held on the proposed zoning changes, the Commission approved the lease application for a Mr. Parks for lease of Airport Lands (CIIAP) for a tradesman - type of building and a lease application from McCubbins was reviewed relative to a multi -million dollar shopping cantor and such lease discussed. The Commission also reviewed a conceptual lease application for an elaborate car wash operation in the location of the Well Site Area and the Commission approved a lease application to a Mr. Brown in the Cook Inlet Industrial Air Park as well as approved final plat on the FHO area. 11-71 Kenai Peninsula Borough Assembly Councilman Ambarian reported on the meeting of October 31st in which Ord. 78-30, (Uniform Clean Air Standards and Emission Regulations) was defeated, however, motion of reconsideration will place the matter on the agenda at the next meeting of the Assembly. Ord. 78-54 and Ordinance 78-55 relative to amending certain portions of the Kenai Munioipalpistrict Zoning Codo with regard to permitted uses and Administrative procedures and modifying certain permitted densities and uses within the Kenai Municipal District both passed, however, reconsideration has been called for presentation at the next meeting. Ord. 78-58, providing a comprehensive system of records management, retention and disposal was sent to committee for further consideration and Ord. 78-50 and Ord. 78-00 passed for hearing. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Edward Call - Bush Lanes Subdivision - thanked Mrs. Glick for her comments relative to the concerns of the residents of Bush Lanes and stated since the conclusion of the eonrAruotion project, a City grader has not been in the area and the road is sadly in need of grading. Mr. Call also stated that on Wildwood extension an easement was given to the government and it not utilized, the easement would return to the "givor" and Mr. Call wished to bring this to the attention of the City as it affects the property owners along the road. 1-2: Calvin Quandt - stated he was not satisfied with the answers received in the letter from the Administration relative to the restoring of Raven Street per his request. Mr. Quandt stated that after the City had installed utility Iines along the street, the street was to be returned to its original condition by the contractor and Mr. Quandt stated that in his opinion this has not been done to date. Mr. Quandt stated that the street is no longer level with the main highway and requested that Council review his request for restoration of Raven Street. Relative to T.ilae Street, Mr. tivandt stated that the residents had to buy their own culverts if they wished more than 20' culverts installed, however, the residents of Kaknu received 30' culverts free. Mr. Ouandt also advised that the owner of the hobby shop on Lilac has filled in the ditch running in front of his property. City Manager Wise responded that the residents on Kaknu wore allocated 30' culverts because of the elopes, etc. which would in effect be comparable to the 20' culverts. VIM regard to Raven Street, City Manager wise advised that in lieu of restoration of s.. Or - November 1, 1970 s Pago le Slum] r� 0 roads and drives, that several persons chose hook-up to the City utilities instead, Councilman Aber stated that when final payment was made to the contractor it was with the understanding that Raven Street was in an acceptable condition, Public Works Director Keith Kornelis advised that the City Engineer and former inspector on the job travelled to Raven Street and it was concluded that Raven Street was returned to its original condition. Mr. Quandt stated that all the street would require would be additional tut and gravel. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, that the Public Works Department ascertain how much gravel will be necessary to make acceptable improvements to the eonditionof Raven Street to return it to its former state and, in addition, determine what costs will be incurred and proper funding for same. Councilman Aber stated that Raven Street was never a City accepted street. Councilwoman Glick stated that as the City did take responsibility for construction along the street, it should also assume responsibility to restore the street to its original condition. QUESTION: Motion passed unanimously by roll call vote. 1-3: Mark Boberick Advised that it was his vehicle hit by a City truck near the cemetery, Mr. Boberick advised that he submitted three different bids for repair of his vehicle and requested Council consideration so that he could proceed with the necessary repairs. City Manager Wise reported that during tho cemetery cleanup, one of the volunteers attempted to move the City truck, which would not start, and in doing so inadvertently hit Mr. Boberick's perked vehicle. City Manager Wise recommended acceptance of the lowest bid. NOTIONS Councilman Malston moved, seconded by Councilman Seaman, to authorize payment for claim submitted rgainst the City (lowest of the three bids) by Mr. Noberiok for repair of his vehicles damaged by a City vehicle. Motion passed unanimously by roll call vote, ADJOURNMENT There being no further business, the meeting adjourned at 12: a0 a.m. Respectfully submitted, Hutf C , Peter, City Clerk 1