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HomeMy WebLinkAbout1978-11-15 Council MinutesI 0 AGENDA KENAI CITY COUNCIL - 1trcul.AR MEETING NOVEM13Eit 115, 1978 - 7: 00 P .M . KENAI PUI',I.IC SAFETY IMILDING PLEDGE OF ALI.FGIANCE A. ROLL CALL AGENDA APPROVAL 8. HEARINGS _ 1, Ordinance 445-78, appropriating $3,477 - purchase of coax rations by $4►510 in the 2. Ordinance 446•-78, increasing estimated revenues/apP p Capital Project Fund entitled "Facilities Design" S. Ordinance 447-78, declaring eertaibuildings e / pnrop iati in byt$192 surplus 4. Ordinance 448-78, increasing estimated Capital Project Fund entitled "Forest Drive Waterlino" C. PERSONS PRESENT SCHEDULED TO 13E HEARD 1. Dr. John Wilsey - Renal A iati nC(tier�down spaces) • unity C011cfre 2. Mr. John Stohner Arctic 3. Mr. Jim Bishop - Air Taxi Certification 4. Sgt. Robert Trader - National Guard - U. MINUTES 1. Minutes of the regular meeting of November 1, 1978 >r. CORRESPONDENCE F, OLD BUSINESS 1. Ratification of telephone poll - award of engineering contracts to 1"Ince-Corthell of lease 2. Ratification of telephone poll - relocation of impartment of Revenue a approval 3. Resolution 78-165 - authorizing contract for engineering services O, NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Requisitions exceeding $600 ' 3. Ordinance 449-78, amending the Code of the City of Kenai to increase the number of E monthly regular Council meetings and change of starting time to ?: 00 P.M. 4. Ordinance 450-78, providing for the submission of Charter amendments to the qualified e hold February 13, 1979 voters of the City of Kcrosf at a special iat�ed revenues/appropriationsnin the Federal Revenue 5. Ordinance 461-78, increasing Sharing Fund by $20,000 riations in the federal Revenue 1_7 8. Ordinance 462-78, increasing estimated revenues/appro p Shas�ing Fund by $50,000 ?. Ordinance 453-78, lease of City owned Tidelands a c• ti r' i t i V .N M r A©VNDA, Page Two 8, Resolution 78-180, nppointini! the City Manager as Land Selection Agent for AS 29.18 9. Resolution 78.18179 tra»Rfcr of fundµ to provide for cost of norvicea of a bonding; attorney 10. Resolution 78-188, transfer of funds to provide monies for. PMA 4 McLane billings 11. Resolution 78-189, trannfor of funds to provide monion for higher pootage eostR - Library 12. Resolution 78-190, transfer of funds for purchaso of Liquor Logal Liability inauranee 13. Rosolution 78-101, awarding contrneto for a Gardnor-Donver Blower for Sewer Treatment Plant 14. Resolution 78-102, transfer of funds for ropnir of street lights and cost of repairs to citizen's vehicle that wag damaged by a City vehicle 18. Resolution 78-193, authorizing grant application for design of upgrading of the Rower Treatment Plant and Ancillary items 18. Payment to Project Managers Alaska, Inc. 17. Payment to McLane and Associates -- - 18. Contract Cbange Order - Drown Construction - Lupine/fern Project 19. Lease of Airport Lands or Facilities - Raven TranRit 20. Discussion - Kenai Native Association Tidelands loas;o application 11. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clork B. Finance Director 8. Planning 4 Zoning Commission 7. Kenai Peninsula Borough MAYOR 6 COUNCIL. - QUESTIONS AND COMMENTS 1. PERSONS PRESENT NOT SCHEDULED TO BE IiEARD ADJOURNMENT 4 .o KENAI CITY COUNCIL - REGULAR MEETING /-�,N0VEMBER 15, 1078 - 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A . ROLL CALL Present: Edward Ambarian, Betty Glick, Ron Malston, Vince O'Reilly, Michael Seaman, and Dan Whelan Absent: Phillip Aber AGENDA APPROVAL Mayor O'Reilly requested that the agenda format be changed as follows: Add item 0-15 under "Persons Present Scheduled to be Heard": change C-4 to v read Lt. Jackson; delete C-2 which will be discussed under "City Manager's Report" and delete item 0-7. Council so concurred B. HEARINGS 8 is Ordinance 445-78, appropriating $3,477 - purchase of road grader Mayor O'Reilly read Ordinance 445-78 by title only. "An ordinance of the Council of the City of Kenai appropriating $3,477 of Federal Revenue Sharing funds for the purchase of a road grader." Mayor O'Reilly opened the hearing to the public. There was no comment. hu-MION: Councilman Malston moved, seconded by Councilman Seaman, for adoption of Ordinance 445-78, appropriating $3,477 for the purchase of a road grader. Motion passed by roll call vote with Councilman Whelan voting no. B-2: Ordinance 446-78, increasing estimated revenues and appropriations Mayor O'Reilly read Ordinance 440-78 by title only. "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations in the amount of $4,500 and creating the Capital Project Fund entitled "Facilities Design". Mayor O'Reilly opened the meeting to the public. Thera was no comment. 0 1 �n NoVember 15, 1978 - Page 2 MOTION: Councilman Ambarian moved, seconded by councilwoman (flick, for adoption of Ordinance 448-78 increasing estimated revenues and appropriations in the amount of $4,500 "Facilities Design" project. Motion passed unanimously by roll call vote. B-3: Ordinance 447-78, declaring certain buildings surplus Mayor O'Reilly read Ordinance 447-78 by title only. "An ordinance of the Council of the City of Kenai declaring the following buildings and related equipment and materials surplus." 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 447-78, declaring certain buildings and related equipment surplus. Councilwoman Glick advised that at the last meeting, questions were raised relative to the City Parks Department using the lime listed in the ordinance and, in addition, much discussion was held as to whether or not the building could be relocated into the City shop yard for additional storage, ate. MOTION - TABLE Councilwoman Glick moved, seconded by Councilman Whelan, to table Ordinance 447-78, until such time the Administration and Public Works Department have submitted a report to Council relative to the questions raised on use of certain items listed in the ordinance and relocation of the well building. Motion passed unanimously by roll call vote. B-4: Ordinance 448-78, increasing estimated revenues and appropriations Mayor O'Reilly read Ordinance 448-79 by title only. "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations in the amount of $182 in the Capital Project Fund entitled "Forest Drive Waterline". Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for adoption of Ordinance 448-78, increasing estimated revenues and appropriations by $182 in the Forest Drive Waterline project. Motion passed unanimously by roll call vote. I T,November 15, 1978 -Page 3 ^C. PERSONS PRESENT SCHEDULED TO 13E HEART) G-15: Resolution 78-193 Mayor O'Reilly read Resolution 78-193 by title only. "A resolution authorizing the grant application for design of upgrading the sewer Treatment Plant and ancillary items, Step II." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarien moved, seconded by Councilwoman Glick, for adoption of Resolution 78-193, authorizing grant application for the design of upgrading the Sewer Treatment Plant. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Dr. John Wilsey ti Dr. John Wilsey, President of the Kenai Community College, briefed Council on the growth of the College and advised that the KPCC is the largest rural college in o Alaska and compared with 545 persons enrolled in 1976, the college had 1,400 enrolled in 1978. Dr. Wilsey advised that one out of twelve persons in the area were taking courses of some type at the college. Dr. Wilsey did state that the college was having financial difficulties and asked for Council consideration for the City expressing some form of support for the college. Dr. Wilsey concurred with an inquiry from Mayor O'Reilly in that a regent appointed from the area would be highly beneficial and the Governor has indicated that when a vacancy does exist he shall consider an appointment from the Kenai Peninsula. Council directed that the City Attorney prepare a resolution supporting the efforts of the Kenai Peninsula Community College for presentation at the next meeting of Council. C-3: Mr. Jim Bishop 6 z Mr. Bishop advised Council that his tirm had been operating a C-47 out of the Soldotna Airport for the past three years in the service of the fishing industry. Mr. Bishop reported that he had applied for lease of Kenai Airport lands north of the existing Terminal some time ago and was awaiting development when the land became available. In the interim, Mr. Bishop advised that his firm had applied to the Alaska Transportation Commission for certification to operate an air taxi and maintenance service and would request support of their application from the City of Kenai. Mr. Bishop stated that he would not be in competition with local operators as no other operator had as heavy an aircraft. Mr. Bishop advised that the hearing will be November 20th and 21st and also stated that the Soldotna Mayor would be in attendance at the hearings to offer testimony as well as the City of Homer has sent a letter of recommendation to be presented at the hearing. , r�• 1 November 15, 1978 - Page 4 MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the City Attorney be directed to draw up the proper resolution and statement of support per Mr. Bishop's request for submission at the hearings conducted by Alaska Transportation Commission and also for the Mayor to be in attendance if at all possible. Motion passed unanimously by roll call vote. Council suggested that the Public Works Committee from Council review the statement prior to sending it on to the ATC . C-4: Lt. Jaokson Lt. Jackson, representing the National Guard, advised Council that he had gone before the Planning Commission and they in turn advised that the Guard come before Council to request City a^siftanee in obtaining a suitable place for the Guard to operate their tracks. it. Jackson stated that the Guard's federal mission was to secure and defend the Kenai Municipal Airport, however, with the lack of training area, Anchorage head- quarters have advised that if a suitable training ground is not located, the tracks would be moved to either Homer or Anchorage. Councilwoman Glick advised that at the meeting of the Planning Commission, former City Manager Roland Lynn stated that the original agreement between the City and the Guard was that the City was to provide egress and ingress to a training area and it was also the consensus of opinion that the Guard did contribute to the economy of the area and it would be beneficial to assist them in obtaining a suitable training site. City Manager Plise suggested an area on the Airport lands off Marathon Road. Council directed Administration to proceed with arrangements to determine lands available for use by the National Guard for a proper training area. D. MINUTES D-1: Minutes of the regular meeting of November 1, 1978 Approved as distributed E . CORRESPONDENCE E-1: State Department of Transportation City Manager Wise advised that a public hearing will be held December 7th relative to the reconstruction of Willow Street. Mr, wise reported that all lessees of lands along Willow Street will be duly advice of the hearing. E-2: Kenai Utility Service Corporation Mr. Wise reported that he had received correspondence from Mr. Thomas with KUSCO who wished a determination from Council on the remaining claim in the amount of $678.85. Ndvember 15, 1978 - Pape 5 MOTION; Councilman Ambarian moved, seconded by Councilwoman Glick, that as the City of Kenai has officially settled the claims as submitted by Kenai Utility Service Corporation, the additional claim in the amount of $678.85 shall be absorbed by KUSCO and the City will not bo liable for any additional claims as submitted by KUSCO. Motion passed unanimously by roll call vote. E-3: Division of Lands City Manager Wise reported that in further investigating the situation of ownership of the Kenai Cemetery, Administration has found that the City had asked for transfer of title some time ago but as of this date the matter has not been concluded. Mr. Wise further reported that in conversations with BLM, a protest from a local native association _ had been submitted relative to the transfer of the lands to the City and this matter must be resolved prior to any further action on the transfer. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to direct Administration to pursue the matter of transfer of title of cemetery lands to the City from the Bureau of Land Management. Motion passed unanimously by roll call vote. F. OLD BUSINESS 0E-1: Ratification of Telephone Poll MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for ratification of ' award of engineering contract in the amount of $71,000 to Wince-Corthell a Associates for the bridge access and Beaver Loop projects. Councilman Whelan stated that he would request less telephone polls as Council is not given the opportunity to discuss the issues prior to voting. s QUESTION: Motion failed by devote. Voting no; Ambarian, Seaman and Whelan. Voting yes; h�h ' Glick, Malston and O'Reilly. i Councilwoman Glick questioned the validity of the vote as the telephone poll resulted in approval of the award of the contract and the item on the agenda was for ratification purposes only. i F-2-. Ratification of telephone poll MOTION: -- Councilman Ambarian moved, seconded by Councilman Seaman, for ratification of telephone poll authorizing the relocation of the Department of Revenue into a facility owned by Kenai Steel Buildings for a term of eight months at a rate of $221.26 per month. Motion passed by roll call vote with Councilman Ambarian voting no. a A November 15, 1978 - Page 0 F-1: RECONSIDERATION Councilwoman Glick inquired if the Attorney would provide an opinion relative to the reconsideration of the matter of the awarding of contracts for specific engineering projects to Wince-Corthell as the matter had passed during the tolephone poll and it was now apparent that one member of Council had changed his vote, City Attorney Sehlereth suggested that reconsideration be of the original action. Councilman Rosman advised that it was he who had changed his vote as he did not understand the request during the telephone poll and, would, therefore, request that his original vote be changed. Councilman Whelan reiterated his comments relative to the fact that telephone poll votes were not adequate as they did not allow discussion and pertinent information to be submitted for consideration. City Manager Wise stated there may be a legal problem with non - passage of the award of contract and also reminded Council that the grant application must be completed by February. MOTION: Councilman !Beaman moved, seconded by Councilman Ambarian, for reconsideration of ratification of telephone poll, award of engineering contracts. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of ratification of telephone poll for award of engineering contract to 111ince-Corthell t� Associates in the amount of $71,000. Motion passed by roll call vote with Councilmembers Whelan and Ambarian voting no. F-3: Resolution 78-185 Mayor O'Reilly read Resolution 78485 by title only. "A resolution authorizing a contract for engineering between the City of Kenai and the below mentioned engineering firms." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolution 78-185 awarding the engineering project for the bridge accexs project in the amount of $26,000 and Beaver Loop project in the amount of $45,000 to Wince-Corthell Associates. Motion passed unanimously by roll call vote. O. NEW BUSINESS 0-1: Bills to be paid - bills to be ratified MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of bills to be paid and bills to be ratified as presented this date. Motion passed unanimously by roll call vote. b I i � 1 I t� 1 November 15, 1078 - Pago 7 r%,0-2: Requisitions exceeding $500 MOTIONS Councilman Whelan moved, seconded by Councilwoman Click, for approval of items listed under requisitions exceeding $300. Motion passed unanimously by roll call vote. 0-3: Appointment of consultants for Comprehensive Plan Planning Commission Chairman Rol Raymond ndvised Ceunoil, after the presentations prior to this evening's Council meeting, that his committee had reviewed each of the proposals from Habitat North, TRA/Pnrr, and R. W. Thorpe a Associates and have con- cluded from the materials submitted that R. W, Thorpe a Associates be recommended for the City of Kenai Comprehensive Pisan. MOTIONs Councilman Whelan moved, seconded by Councilman Ambarian, that the Council hereby recommends R. W, Thorpe a Associates to the Borough for selection as the consultants in the development of the City of Kant Comprehensive Plan, Motion passed unanimously by roll call vote. � . 0-3 (a) Ordinance 440-79 J Mayor O'ReU1y read Ordinance 440-78 by title only. "An ordinance amending the Code , of the City of Kenai to increase the number of monthly regular Council meetings and to change their starting times to 7: 00 p.m. and to insure that the final passage of a non - emergency ordinance from its introduction remains two weeks." MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for introduction of Ordinance 449-79, amending the Code of the City of Kenai. Councilman Ambarian stated that he requested the preparation of this ordinance to try to alleviate the late meetings which may be discouraging the public from attending. Councilman Ambarian further commented that with the Increase in matters being presented before Council, it is becoming more and more apparent that additional time will be required - ` to complete the order of business in a more timely manner, Councilman V%elan stated that he speed with the intent of Councilman Ambarian's proposed ordinance, however, Councilman Whelan stated he did not feel that a Council meeting once a week would resolve the problem of long meetings. Councilman Whelan further commented that the Council has the problem of extending the meetings as this Council is doing too much administrative work and should be doing more policy making, Councilman Walston stated that he also would oppose the ordinance, however, would concur with a trial period of perhaps 30 to 60 days of weekly meetings to determine if the situation would improve. Councilwoman Glick dated she concurred with remarks of Councilman Wholan and stated she felt the Council should meet the problem are" "head on" and resolve them, therefore, - would be opposed to the ordinance as presented. WITHDRAWAL OF MOTION With consent of second, Councilman Ambarian withdrew his motion for introduction. November 15, 1978, Page 8 MOTiONs Councilman Ambarian moved, seconded by Councilman Beaman, that the intent of the ordinance be followed for a period of 90 days only. ` City Attorney i4ehloroth advised it would be bettor to amend the ordinance rather than i make such a provision by motion only. Councilman Ambarian, with consent of second withdrew his motion. 0-4s Ordinance 450-78 Mayor O'Reilly road Ordinance 450-76 by title only. "An ordinance providing for the submission of Charter amendments concerning aid to industry to the qualified voters of the City at a special election to be held Tuesday, February 13, 1978." MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for introduction of Ordinance 450-79, providing for a special election February 13,1978, Motion passed unanimously by roll call vote. 0-5s Ordinance 451-78 Mayor OP Reilly read Ordinance 451-78 by title only. "An ordinance of the [council of the City of Kenai increasing estimated revenues and appropriations in the Federal Revenue Sharing Special Revenue Fund by $20,000," MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for introduction of Ordinance 451-79, inareashg estimated appropriations/revenues by $20,000. Motion passed unanimously by roll call vote. 0-6s Ordinance 452-78 Mayor O'Reilly read Ordinance 452-78 by title only. "An ordinance of the Council increasing estimated revenues and appropriations in the Federal Revenue Sharing Special Revenue Fund by $50,000, MMONs Councilman Malston moved, seconded by Councilwoman Glick, for introduction of Ordinance 452-70 increasing estimated revenues and appropriations by $50,000 in Federal Revenue Rharing. Motion passed unanimously by roll call vote. `'�0-7s Deleted e r' November 16, 1976 - Page 9 0-6: Resolution 78-186 Mayor O'Reilly read Resolution 78-186 by title only. "A resolution appointing the City Manager as Land Selection Agent to act in the City's behalf under AS 29.18.11 Mayor O'Reilly opened the meeting to the public. There was no comment, MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 78-186, appointing the City Manager as Land Selection Agent. Motion passed unanimously by roll call vote. O-9; Resolution 78-187 Mayor O'Reilly read Resolution 78-187 - "Transferring funds in the amount of $1, 000 to aid in the cost of services of a bonding attorney as authorized by the City Council." Mayor O'Reilly opened the meeting to the public and there was no comment. MOTION: Council man Whelan moved, seconded by Councilwoman Glick, for adoption of Resolution 78-187, transfer of funds in the amount of $1,000 for services of a bonding Motion passed unanimously by roll call vote, .. 0-10; Resolution 78488 Mayor O'Reilly read Resolution 78-186 - "transferring funds in the following LPW Projects (Street Improvements - $426; Redoubt Way - $2, 400; and Water a Sewer Lines - $672) to pay for surveying bills." Mayor O'Reilly opened the meeting to the public. There was no comment. - MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for adoption of Resolution 78-188, transferring funds in the above mentioned LPW Projects to cover surveying bills. ° Motion passed unanimously by roll call vote. till: Resolution 78-189 Mayor O' Reilly read Resolution 78-189 - "Transferring funds in the library amount of $450 to provide for budget in the higher postage costs than originally anticipated. a✓ KWOr O'Reilly opened the meeting to the public and there was no comment. November 15, 1978, Page: 10 MOTION: r'` Councilman Seaman moved, seconded by Councilman Whelan, for adoption of Resolution 78-189, transfer of funds in the amount of $450 in the Library Budget for additional postage costs. Motion passed unanimously by roll call vote. 0-12: Resolution 78-190 Mayor O'Reilly read Resolution 78-190 - "Transfer of funds in the Terminal Rudget in the amount of $4, 001 to purchase Liquor Legal Liability insurance policy for the Airport Terminal" MOTION: Councilman Seaman moved, seconded by Councilman Whelan, for adoption of Resolution 78-100, transfer of funds in the amount of $4, 001 for the purchase of Liquor Legal Liability insurance policy for the Airport Terminal. Motion passed unanimously by roll call vote. RECONSIDERATION MOTION.. Councilman Malston moved, seconded by Councilwoman thick, for immediate reconsideration of Ordinance 450-78, Charter amendments. Motion passed unanimously by roll call vote. MOTION - AMENDMENT Councilman Malston moved, seconded by Councilwoman Glick, for the following amendment under Section 8-3 (Revenue Bonds): ".......and ratified at an election by a majority of those qualified to vote and voting on the question." "Revenue bonds issued to pay the cost of a facility to be used by ten (10) customers or less may be authorized by the Council without an election if the debt is payable solely by the users." Passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimmusly by roll call vote. 0-13: Resolution 78-101 Mayor O'Reilly read Resolution 78-101. "Awarding contracts for a Gardner -Denver Blower for the Sewage Plant and the following bids were received: Contractor's Equipment Corporation - $3,985; Stolt Electric Supply - $4,150; Alaska Industrial Sales $4,674 and Lynnwood Equipment - $3,785." Mayor O'Reilly opened the meeting to the public. There was no comment. City Manager Wise recommended that the bid be awarded to Lynnwood Equipment. ts 'lU I i I November 15, 1978, Page Il MOTION: Councilman Whelan moved, seconded by Councilman Seaman, for adoption of Resolution 78-191, awarding bid for Gardner -Denver Blowers to Lynnwood Equipment in the amount of $3,786. Motion passed unanimously by roll call vote 0-14: Resolution 78-192 Mayor O'Reilly read Resolution 78-192, transfer of funds in the amount of $2,526 to fund repairs to street lights per the agreement with Inlet Instruments and fund the cost of repairs to a citizen's vehicle that was damaged by a City vehicle. Mayor O'Reilly opened the meeting to the public and there was no comment. - - MOTION: Councilman Seaman moved, seconded by Councilwoman Glick, for adoption of Resolution 78-192, transfer of funds in the amount of $2,526 for repair of street lights " and damaged vehicle. Motion passed unanimously by roll call vote. 0-10: Payment to Project Managers Alaska © Public Works Director Keith Kornelis advised that an adjustment should be made on F the billing for Redoubt Way which should read "$2, 034.19" . n, MOTION: Councilman Whelan moved, seconded by Councilman Malston, for approval of payment in the amount of $9,039.34. as amended, to Project Managers Alaska. Motion passed unanimously by roll call vote. 0-17: Payment to McLane & Associates MOTION: Councilman Whelan moved, seconded by Councilman Beaman, for approval of payment - in the amount of $2, 600.40 to McLane & Associates for computation of quantities on EDA Projects during September and October, 1970, (� Public Works Director Keith Kornelis advised Council that he wished to point out ! that it was discovered that the contractor had over -excavated an area on Kaknu due to a one foot error in surveying. f, -E- F� - 7 4 November 16, 1978, Page 12 MOTION - TABLE Councilman Malston moved, seconded by Councilman Whelan, to table the statement from McLane Surveying until the questions as presented by the Public Works Airector have been resolved. Motion passed unanimously by roll call vote. 0-18: Contract Change Orders - Brown Construction MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for approval of Contract Change Order 02 in the amount of $2, $60 and Contract Change Order #3 in the amount of $5, 000 to Brown Construction. Councilman Ambarian advised that the ad hoe committee from Council had reviewed these amendments and recommended approval. MOTION - AMENDMENT Councilwoman Glick moved, seconded by Councilman Malston, to amend the motion to include"approval is contingent upon all documents being signed by the engineers." Motion passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. a-19: Lease of airport facilities MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the matter of approval of lease of Airport Lands or Facilities, Lots 7 and 8, Old Aircraft Apron, to Raven Transit be tabled until such time a new appraisal is made and the lease document revised accordingly. Motion passed unanimously by roll call vote. G-20: Discussion - Tidelands lease City Manager Wise advised that Kenai Native Association has requested lease of certain tidelands from the City and though the Council had requested a Tidelands ordinance be prepared prior to action on such a request, Kenai Native Association has requested some indication of intent from the City for purposes of securing financing for their proposed project. Roland Lynn, representing KNA, stated that they would like a motion from the Council showing that the intent of the City is to enter into a 55 year lease with option to renew with KNA upon determination of the value and subject to the recording of the plat of Tract "A" of Alaska Tidelands Survey Number 272. Mayor O- Reilly requested that Vice Mayor Whelan assume the chair -- MOTION: Mayor O'Reilly moved, seconded by Councilman Seaman, that the City of Kenai intends fl i i 1 0 November 15. 1978, Page 13 to enter into a 55 year tidelands lease with option to renew with Kenai Native Association /014, upon determination of the value of the subject property and subject to the recording of the plat for Tract "A" of Alaska Tidelands Survey Number 272. Motion passed unanimously by roll call vote. City Manager Wise requested authorization from Council to sign the plat. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, that the City Manager be hereby authorized to sign the plat for Tract "A" of Alaska Tidelands Survey Number 272. Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager (a) Arctic Aviation - City Manager Wise reported that Arctic Aviation had previously made application for additional tie -down spaces adjacent to their present facility. Mr. Wise further reported that the Planning Commission and Council had reviewed the conceptual lease application and Council authorized platting and appraisal of the area, however, the platting has not been completed, therefore, an appraisal cannot be made to determine a lease rate. Mr. Wise advised that Arctic has requested immediate consideration to their _) request as the need for additional tie -downs to becoming more and more dire. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, that the Council hereby authorizes the City Manager to enter into negotiations with Arctic Aviation for lease of unplatted area adjacent to their present leasehold for purposes of tie -downs. MOTION - AMENDMENT Councilman Whelan moved, seconded by Councilwoman Glick, to amend the motion to include that such lease will be for a temporary basis only until such time the land has been platted, appraised and a proper lease document prepared. Motion passed unanimously by roll call vote. MAIN,AS AMENDED Passed unanimously by roll call vote. (b) Councilwoman Glick advised that during the Planning Commission meeting, Mr. Lee Glad had requested access to a parcel of land that he proposes to development. The land is located off Spruce and would require access across lots 155 and 157 which are owned by the City of Kenai. Councilwoman Glick advised that Mr. Glad will be building a road into his property at his own expense and would require Council concurrence for �✓ him to proceed with having the area surveyed (at Mr. Glad's expense) so that lie may proceed with construction of the road. Councilwoman Glick advised that the Planning Commission recommended that lot 155 be utilized for road easement and lot 157 for road ROW. I --- s t I . ' November 15. 1978, Page 14 MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, that the City Council hereby authorizes utilization of portions of lots 155 and 157 for right-of-way purposes as requested by Leo Glad. Motion passed unanimously by roll call vote. City Manager Wise stated that his intent for selling the parcels of land in the area in question was to place the proceeds from the sale in a Parks Development Fund which may enable the City to meet its obligations to the government since the City constructed the Sower Treatment Plant on lands designated for parks. Mr. Wise further commented that one proposed use of the lands would be for a site for the Community Care Center. QUESTIONS & COMMENTS Councilman Ambarian stated he was not aware that Council had established a proposed site for the Care Center. Also, Councilman Ambarian stated that he would like to see the lease with Serendipity finalized and Serendipity given a time limit rather than hold up the transaction any longer. Councilman Malston stated that he would agree that the matter should be finalized without further delay, however, the proposed facility will be an asset to the City and perhaps Administration should contact Serendipity and offer assistance in resolving any problems that may be holding up finalization of the lease document. Councilman Whelan stated that when the land first became available, some members of Council had favored placing the land up for lease on an auction basis, however, Serendipity came in with a conceptual lease application and the auction procedure was no _i longer considered. Councilman Whelan further commented that the matter has been "hanging" for over a year and a half and the City has not been deriving any revenues from the land and either the lease be finalized without further delay or the City should proceed with making the land available to other developers. MOTION: Councilman Whelan moved, seconded by Councilman Seaman, that the lease document be finalized and signed with Serendipity no later than December 31, 1978. Motion passed by roll call vote with Councilman Malston voting no. Ambulance - Councilman Ambarian advised that he had been contacted by Joe Ross of f Peninsula Raceways who the City had donated the old ambulance to and who would keep the ambulance in good repair, etc. for use at the raceway and as a standby unit for Kenai. Mr. Rose advised Councilman Ambarian that he had put considerable time in repair and purchased parts for the ambulance, however, the Peninsula Raceway Association Is now defunct. Mr. Ross has been contacted by the City of Seldovia who would like to t obtain the ambulance for use by their Fire Department and Seldovia has offered to reimburse Mr. Ross for expenses he has incurred in overhauling the vehicle. Councilman j Ambarian advised that it would be necessary to release Peninsula Raceways of their j commitment to provide unarm storage and maintenance so that the ambulance a "ild be j donated to Seldovia. Councilman Whelan stated he felt that if the ambulance were needed i elsewhere, the City should proceed with whatever procedures necessary to make the transfer. November 15, 1978, Page 15 MOTION: 00*) Councilman Whelan moved, seconded by Councilman Seaman, for approval to donate the former City ambulance to the City of Seldovia and, in addition, the City of Kenai hereby releases Peninsula Raceways of their agreement with the City to provide warm storage and maintenance of the ambulance. Councilman Malston stated he was concerned about not having a back-up vehicle available in the area in the event the present ambulance was not in working order. Fire Chief Winston stated that the old ambulance would have to be carefully inspected to determine if it was still in such condition to be used as a back-up. QUESTION: Passed by roll call vote with Councilman Malston voting no. R-Lee Seafoods - Councilwoman (flick inquired if Administration had received a reply from R-lee relative to the gravel they have been extracting from a City owned pit over the past four years and was advised by City Manager Wise that R-Lee had sent a check to the City in the amount of $9, 000 for gravel extracted but did not accompany the check with back up information or support documentation. Access to Float Plane Basin - Council inquired if Administration had looked the access gates and City Manager Wise advised that a notice to all users of the area had just been sent out and Public Works was advised to proceed with changing the looks. Raven Street - Councilwoman Glick inquired as to the status of Mr. Calvin Quandt's alleged problem on the restoring of Raven Street to its original condition. City Manager Wise reported that Public Works estimated it would cost approximately $350+ to restore the street. Public Works Director Kornelis reminded Council that a memorandum had been submitted to Council some time ago with a detailed report from the City Engineer and former inspector on the construction job in which both parties recommended that no further work be done on Raven Street in that it had been returned to the condition it was in the beginning of construction. Councilwoman Glick stated that Mr. Quandt states in his i� letter that he has been aski:,g for assistance from the City for the past two years and it would appear that some ci2iP,*ns are granted immediate consideration and others are not. Councilwoman Glick stated she felt that Council should consider Mr. Quandt's fi request without further delay. Councilman Whelan stated he agreed with Councilwoman Glick and felt that citizens with concerns should be dealt with immediately and the ' problem areas resolved. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that the Council hereby authorizes expenditure of funds to restore Raven Street to its original condition. Mayor O'Reilly stated he would vote no on the motion as he felt any work would not improve the condition of the street. .QUESTION: of Motion passed by roll call vote with Mayor O'Reilly voting no. M' r P November 15, 1978, Page 10 Lilac Street - Councilwoman Glick stated that Council had requested information be prepared for review by Council to be included in the packets relative to the situation 1 on the concerns of residents on Lilac St. City Manager Noise stated it was his under- standing that the ad hoc committee from Council would meet with the contractor, et al and, therefore, the ad hoc committee would make a recommendation to Council. Councilman Malston stated that he disagreed in that it was an Administration responsibility to meet with the residents of Lilac Street as was directed some time ago. Councilman Ambarian stated he too felt that the ad hoc committee was to meet and make a recommendation. Councilman Ambarian further commented that it was the ad hoc committee's responsibility to review reports from the Public Works Director, engineers, etc., and meet with the residents from Lilac Street. Council so concurred that the ad hoe committee will meet with the residents from Lilac Street, engineers, et al and report back to Council. Councilman Ambarian reminded Council that the meeting was not restricted to the ad hoc committee only but included all members of Council. N-2: City Attorney City Attorney Schlereth advised that some time ago, he had sent a letter to the attorney representing the Peninsula Clarion, Mr. Thompson and Mr. Cason relative to their protesting their increase in lease rates. Mr. Schlereth stated that the contents of his letter informed the attorney of the leasing policy ordinance and its application to his clients in that the City would utilize the 1977 appraisal figures. Mr. Schlereth advised a Council that he has not received a reply as of this date. MOTION: Councilman Whelan moved, seconded by Councilman Seaman, that Council authorize the City Attorney to send a letter to the attorney representing the Clarion, Cason and Thompson requesting a response to the City no later than November 30, 1978, or the City Attorney will proceed accordingly with legal action relative to this matter. Motion passed unanimously by roll call vote. Aviation Consultants, Inc. - City Attorney Schlereth advised that relative to the lease amendment in that all references to "fast food service" would be deleted from the lease, Mr. Eitel of ACI stated that at no time did he remember relinquishing their rights to an exclusive for providing "fast food service" in the Airport Terminal and Mr. Eitel would, therefore, disagree with the amendment. Councilman Whelan stated it was the intent of the Council that the City must reserve the right for a fast food service and it the ' need arises mutt be able to provide the service accordingly and to the most benefit of the citizens and users of Airport services. _= City Attorney Schlereth also reported that ACI intends to continue their suit against the City relative to lost revenues during the construction of Airport Loop and ACI's attorney advised that they would make a request from other bars in the area as to revenues derived durinj -- this period and ACI would make estimations on lost business accordingly. Foreclosed Lands - City Attorney Schlereth stated that some time ago the City held an auction of foreclosed upon lands and though the City would not guarantee "Quiet Title" one of the purchasers has asked for a refund of his money because he cannot obtain Quiet Title. Cfty Attorney schleveth did state that Mr. Sarks has made no payments on the purchase of this land, however, there are monies due for taxes. Mr. Schlereth requested t! a decision by Council. ,1 November 15, 1978, Page 17 MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, that the City of Kenai refund Mr. Aaron Sarks money for purchase of certain foreclosed properties, less taxes due and the City will assume ownership of the property in question. Councilman Malston suggested that the City make the contract with Mr. Harks null and void a no monies be refunded to Mr. Sarks as the City has incurred expenses in the processing of this transaction. QUESTION: Motion failed by roll call vote. Voting no; Glick, Malston, Seaman and Whelan. Voting yes; Ambarian, O'Reilly Brien peek vs. Citsr - City Attorney Schlereth advised that he would be responding to a summary judgment at which time the Court will make a decision. Mobile home - Frontier Club - Councilwoman Glick inquired if a letter had been sent to the owner of the mobile homes parked adjacent to the Frontier Club as such structures are in violation of the zoning ordinance. City Attorney Schlereth advised that he would send a letter immediately. �H-3: Mayor's Report .J Mayor O'Reilly requested that Councilmembers Glick and Whelan meet with the Finance Director to discuss the progress of the annual audit. Mayor O'Reilly advised that he had appointed Eric Smitt, George Navarre and Marvin Drageeth to the Harbor Committee. Mayor O'Reilly advised that he would be addressing the Kenai Chamber of Commerce on November 291h. H-4: City Clerk No report H-5: Finance Director No report H-8: Planning a Zoning Commission Councilwoman Glick reported on the meeting of November 8th in which the Commission approved a rerzcning change request in Bush Lanes Subdivision -- this request was submitted a.J prior to the Council resolution that no further changes would be made until the completion Of the comprehensive plan. Councilwoman Glick requested that Council concur with the action of the Commission. .n November 16, 1978, Page 18 n MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that the Council concurs with the action for recommendation of change from suburban residential to general commercial Lots 1-6, Block 1 in Bush banes Subdivision. Motion passed unanimously by roll call vote. Councilwoman Glick further reported that the Commission approved the recommendation for reserving certain foreclosed lands for public use as requested by the Recreation Commission, the Commission reviewed a conceptual lease application for Well Reserve Site I and the Commission found that both lease applications for the area would be compatible. H-7: Borough Assembly Report Councilman Ambarian reported that Ord. 78-82, disposal of Borough lands was referred to committees Ord. 78-56, appropriating $25,800 for the Comprehensive Plan was approved; Ord. 78-87, appropriating $88, 000 for development of the Comprehensive Plan for Kenai was approved; and Ord. 78-22, appropriating funds for PY 78-79 for Capital Projects was approved. Also Ord. 78-08 providing penalties for the filing of false applications for tax exemptions was introduced. Councilman Ambarian also reported that the ordinance on the "clean air standards" was defeated and the Assembly defeated the ordinance relative to rezoning within the City of Kenai and modification of certain permitted densities. Councilman Ambarian also commended the Fire Department and Police Department on the successful Police/Firemen's Ball. Councilwoman Glick commented that relative to Ord. 78-55 which failed the Assembly, ; she would request some typo of explanation as to wily it was defeated by such a large margin. Councilman Ambarian suggested that a meeting of Council and the two representatives from Kenai be held to discuss the matter extensively. Council so concurred. Christmas Party - MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the City Clerk be Instructed to determine costs for a City Christmas party. Motion gassed unanimously by roll call vote. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None ADJOURNMENT There being no further business, the meeting adjourned at 2: 00 a.m. Respectfully submitted, i a & lifig C . Peter. City Clerk