HomeMy WebLinkAbout1977-03-02 Council Minutesr
AGE N1)A
-
I
REGULAR MEETING - KENAI CITY COUNCIL
_
MARCH 2, 1077 - 8. 00 P.M.
KENAI PUBLIC SAFETY BUILDING
'
PLEDGE OF ALLEGIANCE
PAGE
A.
ROLL CALL
AGENDA APPROVAL
B.
PUBLIC HEARINGS
1. Ordinance No. 327-77 - Amending Kenai Municipal Airport Regulations
I
2. Ordinance No. 328-77 - Charter Amendment, Special Assessments
1
3. Renewal of Bovorage Dinponsary License - Pard Corporation d/b/n Rig Bar
3
4.
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1.
2.
D.
,
MINUTES
1. Minutos of the regular meeting of February 16, 1077
2
`
E.
CORRESPONDENCE
1. Community a Regional Affairs
3
2. Kenai Pat Resolution No. 77-3
4 '
S.
4.
P.
OLD BUSINESS
1. Diaposition of Old Library Building
4
2. Resolution No. 77-20 - Awarding of Survey of FAA Innda to MaLww liurvoying 5
0.
NEW RUSINF.8S
I�
!
1. Rills to be paid - bills to be ratified
._
6
2. Ordinance No. 329-77 - Dealaring FAA Building 0107 Surplus
5
S. Revolution No. 77-21 - Purchase of 1977 Police Coy
It
6
4. Resolution No. 77-22 - HB 131 - Freedom of Public Information
5
5. Resolution No. 77-23 - Disbursement of $9.800 to U.B. Environ. Protection Agency
7
S. Resoiutl:, . No. 77-24 - Traffic Safety Bureau Thant
7
7. Revolution No. 77-25 - Statement of Assurances - Entitlement Period Fight
7 ? '•
S. Payment to Engineer - EDA water Well Projodt 07-01-01094 . '
8
9. Resolution No. 77-26 - Accepting Airport :deafer Planning llrant
8 1
10. Lease of Airport Lands or Facilities - Alaska Ruosoll Electric
9
u.
12.
13.
' i7
14.
if.
PORTS
1.E City Manager's Report
9
."
2. City Attorney's Report
¢
3. Mayor's Report
10
4. City Clerk's Report
10
'
5. Finance Director's Report
30
6. Planning a Zoning Commission's Report
7. Kenai Peninsula Borough Assembly's Repots
110
1
I.
PERSONS PRESENT NOT SCHEDULED TO BE iIEARD
-
1.
=
2.
A
ADJOURNMENT
B
i
r
.
I
KENAI CITY COUNCIL - REGULAR MEETING
MARCH 2, 1977 - 8: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
^, MAYOR JAMES A. A.LSON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Betty Glick, Tom Ackerly, Edward Ambarian, Dan Whelan, Richard Morgan,
Walter Sweet and James Elson
Absent: None
AGENDA APPROVAL
Administration requested Council approval for the addition of the following
items to the agenda:
G-9: Resolution No. 77-28 - Accepting Airport Master Planning Grant
0-10: Lease of Airport Lands or Facilities - Alaska Bussell Electric
B. PUBLIC HEARINGS
B-1: Ordinance No. 327-77 - Amending Kenai Municipal Airport Regulations
Mayor Elson read Ordinance No. 327-77 by title only as copies were available for
the public. "An ordinance of the Council of the City of Kenai, Alaska, amending
the 1076 Kenai Municipal Airport Regulations".
Mayor Elson opened the hearing to the public. There was no public comment.
MOTION:
Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of
Ordinance No. 327-77, amending Section 8.000 of the 1976 Kenai Municipal Airport
Regulations.
Motion passed unanimously by roll call vote with Councilman Sweet not present
for voting.
B-2: Ordinance No. 328-77 - Charter Amendment - Special Assessments
Mayor Elson read Ordinance No. 328-77 by title only as copies were available for
the public. "An ordinance of the Council of the City of Kenai, Alaska, providing
for the submission of Charter amendments concerning special assessments to the
qualified voters of the City at a special election to be held Tuesday, May 10. 1977."
Mayor Elson opened the hearing to the public.
IKENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 2
Mr. and Mrs. Waldo Coyle - Mayor Elson read a letter received from Mr. and Mrs.
Coyle in which they opposed the charter changes in that they felt the proposed change
would be in violation of State Law and illegal in the Coyle's opinion.
Mr. Chester Cone - Mr. Cone expressed concern for the large property owners
and inquired as to the possibility of deferral of assessments. City Attorney Williams
advised Mr. Cone that a deferral could be possible, however, the problem lies in
the cash flow situation and in payment of the bonds.
Mr. Robert Jackson - Mr. Jackson spoke in opposition of the ordinance as he
stated he felt that the City to not in compliance with State statutes.
Councilman Sweet spoke with regard to the large property owner in that the proposed
ordinance would not affect the larger parcels of land -- the impact and change would
be on the smaller unimproved land parcels.
City Attorney Williams advised that with regard to Title 29, these particular
provisions do not apply to Home Rule cities in reference to Mr. Jackson's comments
that the City was not in compliance with State Statutes.
Mayor Elson commented in that the proposed ordinance would provide that the
large property owners would not be carrying such a heavy tax load, but that it
would then be also borne by the smaller land owners.
Councilman Whelan questioned whether or not the Council should be making piece-
meal changes on the Charter or should Council appoint a Commission who
would review and up -date the entire Charter. Councilman Morgan stated that he
felt the changes thus far were just up -Hating what procedures were already in
effect and a Commission would take at least a year to up -date and review the entire
charter.
Mr. Hedley Parsons - Mr. Parsons stated that property owners along his side
of the road would be subject to great expense as the sewer lines ran along the
opposite side of the road -- Mr. Parsons further stated that he was not ready to
hook up to City utilities and felt it was the responsibility of the City to stub off
utilities for future hook up by the property owners.
There being no further public input, Mayor Elson brought the hearing back to the
Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of
Ordinance No. $28-77, providing for the submission of Charter amendments con-
cerning special assessments to the qualified voters of the City at a special election
- to be held Tuesday, May 10, 1977.
i
i .,
r
0
:i
KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 3
Councilman Morgan stated that if the City did not have the money to finance Improve-
ments throughout the City, the special election would then not be necessary. Mr. Wise
advised that the City would proceed with the sale of bonds at the appropriate time.
Councilman Morgan stated he felt a need for Council and the City to protect the
people -- in that forming an assessment district should require a request from the
majority of the land owners who will bear the majority of the costs. Councilman
Morgan stated he would like to see the ordinance tabled until the City Attorney could
revise the ordinance to reflect some of the changes suggested by Council. Also,
Councilman Morgan further stated that he felt the two propositions are not inter-
related and should be presented to the voters as separate issues.
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, to table Ordinance No.
328-77 until the next regular meeting of the Council so that Administration and
the Legal Department can revise the wording of the ordinance with the additional
requirement that a petition of over 50% of the land owners who are paying the
majority of the costs for the assessment district would be required for presentation
to the City and Council.
Motion passed unanimously by roll call vote.
B-3: Renewal of Beverage Dispensary License - Pard Corporation d/b/a Rig Bar
Mayor Elson opened the hearing to the public. There was no comment.
Council unanimously agreed to file no objection to the renewal of beverage dispensary
license for Pard Corporation d/b/a Rig Bar.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-I.* Mayor Lorraine Knight - City of Soldotna
Mayor Elson extended a warm welcome to Mayor Lorraine Knight of the City
of Soldotna.
D. MINUTES
D-1: Minutes of the regular meeting of February 16, 1977
Councilman Morgan requested rewording of the motion under item B-3, page two.
The minutes of the regular meeting of February 16, 1077, were approved as
amended.
E. CORRESPONDENCE
E-1: Community a Regional Affairs
Mayor Elson acknowledged receipt of a letter from Community a Regional Affairs
KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 4
in which payment in the amount of $106,511 was received by the City representing
final payment of the current year entitlement under the program of State Aid to Local
Governments.
E-2: Kenai Planning A Zoning Commission Resolution 77-3
Mayor F.lson acknowledged receipt of PAZ Resolution 77-3 amending the
Kenai zoning ordinance.
F. OLD BUSINESS
F-1: Disposition of Old Library Building
Mayor Elson opened the meeting to the public, for their comment and input,
regarding the utilization and disposition of the old Kenai Library building.
Lt. Craig Fanning - Salvation Army -- Lt. Fanning came before Council to request
their consideration in the leasing of the old library building to the Salvation Army
for use as their welfare office and other related activities.
Mr. Roger Meeks - Mr. Meeks, representing the Historical Society, requested
use of the facility frr community activities in which the Historical Society would be
responsible for the building.
Mrs. Jetret Peterson - Mrs. Peterson advised the Council that the original intent of
the old library building and property was that it was to be kept for community purposes.
Mrs. Peterson also advised that the State Historical Society had selected Kenai as the
site of their annual meeting to be held November 4, 5, and 6.
Councilman Morgan stated that when the Civic League turned over the building to the
City with the intent that the building strictly remain for use as a Civic type of facility and
In his opinion, the Historical Society would comply more closely with the original
intent.
Mrs. Peterson suggested that the Salvation Army might use the facility for meetings
and services.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, that the City of
Kenai proceed with lease arrangements with the Kenai Historical Society for the old
library building and the terms of such lease to be agreed upon at the next regular
meeting of the Council.
Motion passed unanimously with Councilman Sweet abstaining because of conflict
of interest.
`i
1
I
�1
F
+
O
KENAI CITY COUNCIL, REGULAR MEET-ING, MARCH 2, 1977 Pape 5
F-2: Resolution No. 77-20 - Awarding of Survev of FAA 1,ands to McLane Surveyin
Mayor Elson read Resolution No, 77-20 by title only as copies wore available to the
public. "A resolution of the Council of the City of Kenai, Alaska, awarding the
survey of FAA lands to McLane Surveying".
Councilman Morgan stated that he felt that two bids should not have been sought --
Administration should have negotiated with a firm within the City. Councilman
Ambarian stated he felt that as both firms were reputable, they should be given
equal consideration.
MOTION:
Councilman Morgan moved, seconded by Councilman Ackorly, for adoption of
of Resolution No. 77-20, amending all references from McLane Surveying to
Malone Surveying and deleting the last three "Whereas" paragraphs.
Motion passed by roll call vote. Voting yes; (click, Aekerly, Whelan, Morgan
and Elson. Voting no; Ambarian and Sweet.
G. NEW BUSINESS
G-1: Bills to be paid - bills to be ratified
Administration recommended approval of the bills as listed.
0 Finance Director Ross Kinney requested Council to include a wire transfer in the
amount of $150,000 to Seattle -First National Bank made March 2, 1977.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for approval of bills
to be paid and bills to be ratified as listed 3-2-77 and with the addition of the wire
transfer in the amount of $150,000 to Seattle -First National Bank.
Motion passed unanimously by roll call vote.
0-2: Ordinance No. 320-77 - Declaring FAA Building 9107 Surplus
Mayor Elson read Ordinance No. 329-77 by title only as copies were available for
the public. "An ordinance of the Council of the City of Kenai, Alaska declaring
FAA Building #107 surplus and directing that it be sold at public auction ."
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for introduction of
Ordinance No. 329-77, declaring FAA Building #107 surplus and directing that it
be sold at public auction and amending such ordinance to include ".......buyer
removes it from the site at which it to now located within 90 days at the purchaser's
expense," and ".....Successful bidder shall be required to deposit 00% of the bid
with the City at the time of the auction with the balance due within three days,"
fly,
KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 8 l
Motion passed unanimously by roll call vote.
G-3: Resolution No. 77-21 - Purchase of 1977 Police Car
Mayor Elson read Resolution No. 77-21 by title only. "A resolution of the Council
of the City of Kenai, Alaska awarding a contract for the purchase of a 1977 police
car".
MOTION:
Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of
Resolution No. 77-21, awarding the contract for a 1977 police car to Hutchings
Chevrolet, Inc. in the amount of $5,000.
MOTION - AMENDMENT
Councilman Morgan moved, seconded by Councilman Ackerly, to amend the motion
to award the contract for a 1977 police car to Alaska Chrysler, Inc. in the amount j
of $5, 211.83.
Councilman Morgan stated he amended the motion because he felt some consideration
should be given to local distributors. Councilman Ambarian stated that the City
has experienced some maintenance problems with Chrysler products. Councilman I ,.
Sweet stated that the City should not subsidize inefficiency - the Council was looking L
A� at two comparable businesses that are competing on an equal basis.
Councilman Whelan dated that the City must take into consideration the distance to
take the vehicle in for maintenance. Also. Councilman Whelan advised that a policy i
with regard to giving priority to local vendors, etc. could be included in a fiscal
ordinance.
QUESTION - AMENDMENT f ;
Motion passed by roll call vote. Voting yes; thick, Ackerly, Whelan and Morgan. }
Voting no; Ambarion, Sweet and Elson.
QUESTION - MAIN MOTION AS AMENDED
Motion passed by roll tail vote. Voting yes; Glick, Ackerly, Whelan and Morgan.
Voting no; Ambarian, Sweet and Elson.
G-4; Resolution No. 77-22 - HB 131 - Freedom of Public Information
Mayor Elson read Resolution No. 77-22 by title only. "A resolution of the Council
of the City of Kenai, Alaska, relative to House Bill 131 "Freedom of Public Information"
10th Legislature, First Session, State of Alaska".
w
KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 7
Mr. Wise requested that Council include some amending language within the
resolution under Section 40.25.020(a) to be amended to read: "Except.. access to
records, adequately described and in reasonable quantities, ...may not be denied."
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of
Resolution No. 77-22, relative to House Dill 131 "Freedom of Public Information"
10th Legislature, First Session, State of Alaska, as amended.
Motion passed unanimously by roll call vote.
G-5: Resolution No. 77-23 - Disbursement of $9,800 to U.S. Environmental
Protection Agency
Mayor Elson read Resolution No. 77-23 by title only. "A resolution of the Council
of the City of Kenai, Alaska authorizing the disbursement of $9, 800 to the
U. S. Environmental Protection Agency."
MOTION:
Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of
Resolution No. 77-23, authorizing the disbursement of $9,800 to the U. S. Environmental
Protection Agency to be refunded to EPA from the 1974 bond funds so that EPA can revise
the entitlement and disburse to the City an additional $27,300 for Sewer Interceptor
Project No. C-020035-01-2.
_ Motion passed unanimously by roll call vote.
0-6: Resolution No. 77-24 - Traffic Safety Bureau Grant
Mayor Elson read Resolution No. 77-24 by title only. "A resolution of the Council
of the City of Kenai, Alaska authorizing the City Manager to apply for a 100%
funded grant for an additional radar gun."
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution No. 77-24, authorizing the City Manager to apply for a 100%
funded grant for an additional radar gun.
Motion passed by roll call vote. Voting yes; Glick, Ackerly, Ambarian, Whelan,
Morgan and Elson. Voting no; Sweet
0-7: Resolution No. 77-25 - Statement of Assurances - Entitlement Period ftht
G
Mayor Elson read Resolution No. 77-25 by title only. "A resolution of the Council
-, of the City of Kenai, Alaska, authorizing the City Manager to file a Rtatement of
Assurances with the Office of Revenue Sharing (Federal) to qualify the City of Kenai
for funding under provisions of the General Revenue Sharing Program for Entitlement
a Period Eight."
4
04
AD .,
Z
KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977
Page 8
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of
Resolution No. 77-26, authorizing the City Manager to file a Statement of Assurances
with the Office of Revenue Sharing to qualify the City of Kenai for funding in the
amount of $98,388 under provisions of the 0eneral Revenue Sharing Program for
Entitlement Period Eight.
Motion passed unanimously by roll call vote.
G-8: Payment to Engineer - FDA Water Well Project 07-01-01684
Administration advised that this statement in the amount of $16,423.90 from
Harold H. Galliett, Jr. was for professional engineering services rendered in
connection with Kenai Water Well Project No. 07-01-01684 from the period June 23, 1976
through February 10, 1977.
After considerable discussion with the billing, particularly with the change order
items, it was the unanimous decision of Council that the Public Works Director be
present at the next regular meeting of Council to submit a detailed report on the
Water Well project.
MOTION: l
Councilman Sweet moved, seconded by Councilwoman Glick, that the Council of the
City of Kenai, take no action on the statement presented by Harold H. Galliett
for professional engineering services for the period June 23, 1976 through February 19,
1977.
I
Motion passed unanimously. ;
I
G-9: Resolution No. 77-26 - Accepting Airport Master Planning Grant i
I
Mayor Elson read Resolution No. 77-26 by title only. "A resolution of the Council of the
City of Kenai, Alaska, accepting a planning grant offer in the amount of $115,462 or j
93.75%, whichever to less, for the Airport Master Planning Grant for the Kenai
Municipal Airport from FAA, DOT, United States of America, Project 0A-02-0142-01-77".
I
MOTION:
i
i
Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of
Resolution No. 77-26, accepting Airport Master Planning Grant in the amount of
$115,462 or 93.75%, whichever is less, for the Kenai Municipal Airport from FAA.
Motion passed unanimously by roll call vote.
RE
I
i
KENAI CITY COUNCIL, REGULAR MEETING, MARCH 7, 1977 Page 9
G•-10: Lease of Airport Lands or Facilities - Alaska Russell Electric
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for approval. of
lease of airport lands or facilities to Alaska Russell Electric for lots 8 and 9, Block 5,
General Aviation Apron, for a term of 55 years at an annual rental rate of $2,332,
with an amendment to the lease to include that lessee will be in compliance with the
1076 Kenai Municipal Airport Regulations.
Motion passed unanimously by roll call vote.
H. REPORTS
H-1: City Manager's Report
In addition to City Manager's Report 012, Mr. Wise reported that the proposed agenda
for the work session scheduled for March loth included: ISO report, Personnel
ordinance, assessment data and Sr. Citizen Budget. Councilman Sweet requested
that the work sessions be scheduled for the fourth monday of each month -- Council
so concurred.
MAYOR & COUNCIL - QUESTION a COMMENTS
Councilwoman Glick advised that she had received a letter from the Kenai Peninsula
Community Care Center in which they questioned the reasoning behind the fact that
the Center cannot get a long-term lease with the City. Mr. Wise advised that the
City was unable to grant a long-term lease for that particular lot and facility pending
development of the FAA lands.
Kenai Terminal Enterprises - Mr. Wise reported that a memorandum submitted
to Council explained the situation for the lease to Kenai Terminal Enterprises
and Kenai Terminal Enterprises had requested lease of the bar area only.
Council unanimously directed Administration to advertise the availability of the
bar and restaurant facility and investigate the possibility of the City obtaining
a beverage dispensary license. Council also directed Administration to advise
Kenai Terminal Enterprises to vacate their facilities.
H-2: City A ttorney's Report
Land Sale -- City Attorney Williams inquired if the City would be interested in
joining the Borough in a land sale -- Mr. Wise advised that as the City had already
advertised the up -coming sale for March 16th, he would request that the City look
into future joint sales with the Borough. Council so concurred.
Finattc6 Disclosures - City Attorney Williams reminded Council that the Financial
Disclosures were due in the Clerk's office no later than April 15 or 15 days after filing
of federal income tax return, whichever shall come first.
- �
1
J '
•
I
I
FI
..,�4 — <.,. 's.at-." . ...fir-1'.._s. .• i...Fv- •. _
1
KENAI CITY COUNCIL, REGULAR MELTING, MARCH 2, 1977 Pogo 10
Environmental Protection Agency - Sewer Treatment Plant Study -- City Attorney
Williams reported that Administration had met with representatives from EPA and it
may be necessary for the City to put additional monies into the Sewer Treatment Plant
prior to finalization of the study.
H-3: Mayor's Report
Mayor Elson reported that a draft of Ordinance No. 330-77 was being distributed
to the Council for their review. The modifications were that the City would not be
responsible for enforcement, etc.
H-4: City Clerk's Report
None
H-S: Finance Director's Report
Finance Director Kinney advised that the assessment bills were in the mail. Also,
Mr. Kinney requested a work session be scheduled after the February statements
were out so that Council could go over each item line item by line item.
Mr. Kinney reported that prior to putting the charter revision on the ballot, consideration
should be given to the possibility that the City of Kenai may not be able to sell bonds
for any purpose because of our current financial situation, i.e, deficits, cash
deficiency, unspent bond funds from 1074, violation of bond cash pool investment policy,
and exceptionally poor collection record on special assessments. Mr. Kinney
further stated that he didn't feel the City should revise the Charter if the City to not
in a position to sell bonds and provide the people with what they are being promised .
Mr. Kinney reported that it takes approximately six months to prepare for a bond
sale. Financial consultants and bond attorneys must be hired, a prospectus prepared,
printed and distributed. Bonds must be rated by the rating bureaus and Mr. Kinney
stated he felt that U financially the City could sell the bonds, the City would be looking
at the 1978 construction season. Mr. Kinney proposed to Council that he send copies
of the last three audits and current budget to Dave Rose of the Alaska Bond Rank
Authority for his review and comments as to whether or not the City would qualify
to sell bonds through their agency. Mr. Kinney, therefore, requested funds from
Legal Department Professional Service Account to be utilized as an attorney/client
relationship to determine whether or not the City was in an arbitrage situation with
respect to the 1974 refunded bond issue in the amount of $4million. Mr. Kinney
stated he felt this was necessary U the City to contemplating selling bonds of any
kind in the near future because if the City to in an arbitrage situation, it could
have a very detrimental effect on the City. Council unanimously concurred and
directed Mr. Kinney and City Attorney Williams to proceed without further delay.
H-6: Planning & Zoning Commission's Report
Councilwoman Glick re
ported that the Kenai Planning Commission would hold a
A
l
KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 11
5-
public hearing on P&Z 77-3 at their next regular meeting of March 9, 1977,
^f proposing to up -date and change wording in the zoning ordinance.
11 H-7: Kenai Peninsula Borough Assembly's Report
Mayor Elson reported that Ord. 77-10, making a supplemental appropriation from
unappropriated funds to the Planning Department of $30,000 for matching EDA
Title IX Planning Funds was set for hearing April Sth.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
ADJOURNMENT
There being no further business of the Kenai City Council, Mayor Elson adjourned
the meeting at 12:15 a.m.
Respectfully submitted,
- Q�1' -0, Q�;_
e C . Peter, City Clerk
t
a
w
i
CITY MANAGER'S REPORT - #I2
ADMINISTRATION - FINANCE.
1. Public Hearing Ordinance 327-77 - Airport Regulations
Again, this is a technical change to the Airport Regulations as requested by the
FAA.
2. Public Hearing - Ordinance 328-77
This is the ordinance proposing a referendum on the Charter, changing two
provisions; namely, the 25% limitation and secondly, authorized bonding by
the Council rather than by the general election referendum. Inasmuch as the
forming of a district and a bonding ordinance being one and the some, I feel
that there is little possibility of the allegation of the Council slipping one over
on the public or the assessment district. However, it might be desirable to
propose amendatorial language relative to the bonding action to show an
affirmative action, either by vote or petition, of the affected property owners.
There is a problem here in how to define or equate one property owner with the
other; Le., a property owner with a small lot (say, 100 foot abutting the proposed
water or sewer line) and another property owner with considerable frontage -
how would the two properties be equated as to either validity in petition or
validity by vote.
3. Resolution - Zoning Amendments
This is a proposed resolution by the City of Kenai Planning and Zoning Advisory
Commission as to certain zoning amendments to the Kenai Municipal district
Zoning Code, Chapter 21.76 of the Kenai Peninsula Borough Code of Ordinances.
The basic changes proposed by this resolution, which will be up for Public
Hearing by the Zoning Commission on March 9, 1077, are essentially limitation
of two single family residences in the RR and RS zones. In both zones, they
are eliminating duplexes through six-plexes, as specifically permitted by the zone.
It must be noted, however, that they provided as a conditional use, an opportunity
for election of up to a four-plex, depending on the character of the proposed site.
Whereas a conditional use of multifamily dwellings would be authorized, they
also specify minimum lot size and maximum lot coverage for that site, which had
not been previously spelled out in the ordinance. There were, additionally, some
minor changes as to conditional uses, providing for a restaurant in an RU zone,
providing for day-care centers in a number of zones. Another major change
was a change in parking requirements for multi -family dwellings, changing the
requirement of one parking space per unit to two parking spaces per unit and
then, adding to a single family requirement, two parking spaces for each dwelling
unit which seeiion had been left blank in the original preparation of the ordinance.
..
jol—
r
r
-- - Jr1iWh1
,f
r
f
r'1
City Manager's Report - #12
March 2, 1977
Page 2
An additional change proposed by the resolution is to provide for 200 square feet
tether than 180 square feet for each parking space. These essentially are the
changes proposed by the Planning and Zoning Commission.
4. Discussion of the Old Library Building
I understand that the Historical Society will present its request for lease of the
Old Library Building, less the Old City Hall structure, at a nominal sum on
a year to year basis. Further, that the Salvation Army will support the Historical
Society's application, withdrawing their own application for use of the building.
The presumption is here that the Historical Society will permit the Salvation
Army to use the building, and therefore meet the Salvation Army's needs.
S. Resolution - Police Car Quotes
Quotes have been received from all three local vendors. The choice is essentially
between a Chevrolet and a Dodge, with approximately $100.00 spread between the
two. The data is drafted into the resolution, with the blanks left for the decision
of the Council as to which vendor they care to award the contract to.
6. Resolution - Awarding Contract for Survey of FAA Lands
This will be a resolution to award a contract for survey of the FAA Airport Lands
to McLane Surveying. On review, as requested by the Council, it is determined
that the basic prices between the two quoting firms are very close. The cost
by McLane to fixed not to exceed $5,800.00, but the cist by Malone Surveying
Is open-ended. Further, the rates charged by McLane are less than the rates
charged by Malone. It therefore appears that the better quote is by McLane
Surveying. We recommend that the contract be awarded to McLane Surveying.
7. Resolution - Authorization for Grant Application
This is a resolution authorizing us to apply for submitting a grant application to
the Safety Traffic Board for a police radar gun.
8. Resolution - Federal Revenue Sharing
This is a resolution authorizing the City Manager to signify that the Council accepts
the conditions and signs a letter of assurances to comply with Federal regulations
as to Federal Revenue Sharing.
9. Resolution - House Bill 131
This is a resolution proposed, requesting the Legislature to amend House Hill 131
on freedom of public information. it provides some additional clarifying language.
I believe that the resolution is self-explanatory,
w
M
City Manager's Report - 012
March 2, 1977
Page 3
10. Resolution - Airport Planning Grant
This is a resolution to accept a grant offer of the Federal Aviation Administration
for the Airport Planning Grant. This resolution may not, at this time, be in
your package, because we have not officially received the grant offer. Hopefully,
we will receive it before the meeting on Wednesday and have it in the packet
addition on Tuesday. Our hangup here is the notification by the State to the
FAA of their committment to share in the funding of the local share.
11. Ordinance - Sale of FAA Building #107
This is the building currently occupied by the American Legion, which they
have requested be made available for sale to them. In our research of value
of the building, it appears that a logical minimum bid would be $7, 600. 00 and
therefore, we are proposing that the Council declare the building surplus and
authorize the sale of the building, at public auction, to the highest bidder. It
to presumed that the most logical buyer will be the American Legion, however,
we must note that there is no way that we can definitively assure the American
Legion that they will be the sole bidder or successful bidder in this particular
case.
12. Resolution - EPA Reimbursement
During the construction of the sewer program several years ago, certain monies
were provided by EPA for the construction project. On audit, after the project,
it was determined by EPA that we had been overpaid some $9,800.00 under the
current formula for reimbursement. We were notified of this in May of 1976, at
which time, we protested that we were unable to document a valid protest. It
has been brought to our attention that additional funding to available for this
project; that is, a higher level of reimbursement percentage. We have recently
been contacted by the EPA that, provided that we reimburse the EPA the $9, 800.00
which we were overpaid, they then could make an additional payment to the City
of $27,300.00, to raise their percentage of participation in the project. Therefore,
we recommend that the resolution proposed be adopted and that we reimburse the
Federal government the $0, 800.00 out of sewer bond monies, and on receipt of
the $27,300.00, apply it toward the appropriate account.
13. Personnel Ordinance
The Personnel Ordinance proposal will be brought before the Council at the
work session on March 9, 1977. We need to, at that time, fairly well formalize
the ordinance, as it will have a major impact on the budget for 1977-78. We
�w should also be prepared to discuss Sections 10 and 11 relative to reclsasification
and cost of living increases.
I
.
n
i
e
i
i
"0441"57V
•r
City Manager's Report - #12
March 2, 1977
Page 4
14. Work Session
We expect for the work session to have a report on the reassessment role as to
what the City lost.
19. Municipal Liability
We need to discuss, either at an agenda session or at a work session, the recent
State Supreme Court ruling as to municipal liability relative to inspections such
as the fire in Fairbanks, where the City was held liable in that they had not
vigorously pursued abatement actions.
A
� i�
CITY OF KENAI
od ea dal 4
P. O. BOX $80 KENAI, ALASKA 99611
TELEPHONE 2$3 • 7635
February 25, 1977
TO: John E. Wise, City Man er
Froms Phillip Aber, Director of Public Works /
WEEKLY REPORT FOR WEEK ENDING FEBRUARY 25, 1977
I
EDA Water Well Project
As you recall in my last report, I tried to explain where we stood
in the development of p t our new water well. Since that report, we
have had many discussions amongest ourselves as well as at a meeting
held February 24, 1977, in the City Manager's office with Harold
Galliett the Project Engineer, Gary Anderson from U.S.G.S., the
water well driller, the,on-sits inspector for -Interstate, Garth
Pehrson, John Wise, and myself. The final decision from this
meeting was to continUd as spelled out in the,specs with the
development of the water well by trying to develop the 150' to
180' aquifer which We have encountered. Due to the shallowness
of this aquifer andthe effect that'the existing test well appears
to have on this acquife;, a considerable amount of effort will be
expended in monitoring wells in the close proximity of 'Bell 02
during the test pumping and development of Well 02. It is the
feeling of Harold GAlliett, the project Engineer, that we will be
athle to obtain a sufficient amount of water from this shallow
acquifer to satisfy our needs. However., there is no way to really
determine whether sufficient water does exist until we have test
pumped this well for a'period of four to five days and possibly
longer. As for the completion of the installation of the 12" ductle
water line, Brown and Doyle have finished the installation of the
line. They are now in the process of flushing this line, sterlizing,
and pressure testing. Once this lire has been accepted, the final
i tie-in will be made into the existing 12" water line which lies
just west of Well #1.
Sewer Treatment Plant Study
It appears that we are finally getting our Sewer Treatment Plant
Study off of the ground. In the past several weeks I have had
--- several meetings with Lauren Leman, the engineer for CH2M Hill,
=- in which we have been outlining and preparing a facilities plan
and a Step l Grant Application. Wednesday, February 23, 1977,
we had a very lengthy meeting with the Assistant U. S. Attorney
from Anchorage, an attorney from E.P.A. out of Seattle, an engineer
from E.P.A. based out of Anchorage, an engineer from D.E.C. based
out of Anchorage, Lauren Leman from CH2M Hill, the City Attorney,
the City Manager, and myself. The basis for this meeting was to
r
IL . �` y.- .--.. . ...
..14
.0
come to an agreement between the City and E.P.A. on immediate
steps to be taken by the City of Kenai to bring our sewer treatment
plant into compliance with our discharge permit. There were a
number of items discussed throughout this meeting out of which
came seven items which both parties finally agreed to. It was
the feelings of E.P.A. that if these seven items could be complied
with, our effluent qualities could be improved. It was noted by
the City that five of these seven items are being complied with
at the present time and that the two remaining items would be given
some consideration. The City, in addition to these seven items,
agreed to file a monthly report on the progress of these seven
items to E.P.A. and D.E.C.
Notes The following will be a progress report on a few items which
tge— Public Works Administration have been working on. As you are
aware, we have been trying to complete a map of the City of Kenai
showing roads which the City maintains. This map is very essential
as completion of this map and submission of same to the Alaska
Department of Highways will result in increased monies from our
state revenue sharing. We have been trying to complete this map
now for a period of over six months. Other items which we are
behind on are such things as the completion of O and M standards
and the advertising for bid on a contract for the O and M of our
city street lights which are located along the Spur Highway. As
was discussed at a work session between the Council and Administration
several months ago, was the exploration of and possible development
of a gravel pit for the City of Kenai and a planned use for local
roads and trails money for this upcoming construction season. As
of today there has been no further progress on these two projects
and the construction season is fast approaching. There is also a number
of water and sewer mains which should be constructed during this
summer construction period. However, the basic engineering work,
cost estimates, and advertisements for bids have not yet been prepared.
If these items are not completed in the immediate furture, we will,
as usual, miss another construction period. To make matters worse,
the construction season will be starting in the very near future
and there will be virutally no time to spend on the completion of
these projects until next fall. Another upcoming project, which
will require a great deal of time, is the Sewer Treatment Plant
Study. Once this study has begun, unless provisions are made to
hire some additional personnel, a great deal of my time will be
spent doing nothing except working on this study. Other items
which are not getting completed are such things as ordering repair
and maintenance supplies for the water and sewer department for
this upcoming construction season, signs and materials for the
street department, and the development of oiling plans for the
city streets for dust control. To make all of the above matters
worse, budget time is practically here. Once we start working on
this budget, I will end up spending over 90% of my time working
on the Public Works budget. Needless to say, the above items,
along with many of the day to day items, will not get done.