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HomeMy WebLinkAbout1977-03-16 Council Minutes-I , AOFNDA REGULAR MYETING - HRNAI CITY COUNCIL MARCII 16, 1077 - 7: 00 P.P M. KENAI PUBLIC RAFFTY 111111,T)INn PLEDGE OF ALLEGIANCE PAGE ADJOURNMFNT - LAND SALE. RECONVENE. - 8:00 P.M. - REGULAR MEETING A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 328-77 - Charter Ar ondmont. Special Assessmonts 1 2. Ordinance No. 320-77 - neelnring FAA Building 0107 Surplus 2 S. Renewal of Beverage Dispensary License - Rainbow Bar a Grill 3 4. Renewal of Beverage Dispensary License - Kenai Joe's 3 5. Renewal of Beverage Dispensary License - Pro -Plight Rnom 3 S. Renewal of Beverage Dispensary License - harbor View 4 C. PERSONS PRESENT SCHFDULRn TO RP HFART) 1. 2. D. MINUTES 1. Minutes of the regular meeting of March 2, 1977 4 S. CORRESPONDENCE. 1. Salvation Army - Peninsula Corps 4 2. 3. 4. P. OLD BUSINESS ,1. Lease Agreement - Old Kenai Library Building 4 2. Payment to Engineer - RDA water Project No. 07-01-01084 5 2. 0. NEW BUSINESS 1. Bills to be paid - bills to be ratified 5 2. Ordinance No. 330-77 - Kenai tenter Supply a water Shed Protection 5 9. Ordinance No. 33I-77 - Special Revenue Fund entitled "Airport master Plan" 5 4. Ordinance No. 332-77 - Increasing P,stimated Revenues a Appropriations/Airport8 and 5. Resolution No. 77-27 - Amending Kenai Municipal District Zone Code S. Resolution No. 77-28 - waiving Interest a Extending Period of Deferment 7 7. Resolution No. 77-29 - Authorizing Refunds to Certain Property Owners 8 9. Resolution No. 77-30 - Addition to Sr. Citizen Nutritional Program 8 9. Resolution No. 77-31 - Contract/Airport kinster Plan Study 8 10. Resolution No. 77-32 - Forest Drive Water Line Project 9 11. Resolution No. 77-33 - donation to Kenai Community Library 0 12. Addendum to AAI Lease - Car Rental Service 9 l3. Resolution 77-34 - Senior Citizen Budget Program 9 14. Resolution 77-35 - Limit Tort Liability of Ptunicipalities 10 15. Resolution 77-36 - Step s1 Sewerage Treatment Study Applieation 10 16. Resolution 77-37 - Execute Step N1 a Step s2/Sewerage Planning Study 10 17. Lease of Airport Lands or Facilities - Andy's Flying Service li 18. Payment Estimate 05 - Intarstate Conttruetinn 12 19. Periodic Estimate 48 - Brown Construction Company 20. H. REPORTS I. City Manager's Report 38 2. City Attorney's Report 13 S. Mayor's Report 13 4. City Clerk's Report 13 S. Finance Director's Report 14 5. Planning a Zoning Commission's Report 15 7. Kenai Peninsula Borough Assembly's Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD i ADJOURNMENT r J� 3 w i 1 1 KENAI CITY COUNCIL - REGULAR MEETING MARCH 16, 1977 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A . ROLL CALL Present: Tom Ackerly, Edward Ambarian, Dan Whelan, Richard Morgan, Betty Glick and James Elson Absent: Walter Sweet AGENDA APPROVAL The following items were approved for addition to the agenda: G-13: Resolution No. 77-34 - Senior Citizen Program Budget 0-14: Resolution No. 77-35 - Limit Tort Liability of Municipalities G-15: Resolution No. 77-36 - Step #1 Sewerage Treatment Study Application 0-16: Resolution No. 77-37 - Execute Step #1 a Step #2/Sewerage Planning Study 017: Lease of Airport Lands or Facilities - Andy's Flying Service G-18: Payment Estimate #5 - Interstate Construction 0-19: Periodic Estimate #6 - Brown Construction Company B. PUBLIC HEARINGS B-1: Ordinance No. 328-77 - Charter Amendment. Special Asssesmments Mayor Elson road Ordinance No. 328-77 by title only."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 , 1977." Mayor Elson opened the hearing to the public. L ti Mrs. Ruby Coyle - Mrs. Coyle objected to the ordinance as she felt it was not in compliance with Title 29. Also Mrs. Coyle objected to Section 6-4 as there was already a Section 6-4 contained in the charter. Janis 11illiams, City Attorney, advised that the ordinance could be amended to reflect the addition of a new Section 6-5 and further I advised that Section 6-4 was amended in an election held November 4, 1969. i There being no further comment from the public, Mayor Elson returned the hearing to the Council table for action. 1 w KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 2 Councilman Morgan stated that the intent of this ordinance was to provide the capability for forming assessment districts thin coming construction season, however, if this was not feasible with regard to bond sales, perhaps the City should postpone the charter amendments until the regular election this fall. Mr. Wise advised that the City could give no assurance that the bonds could be sold. Mayor Elson stated that he felt there was a significant factor that has not carried the emphasis it should with regard to the intent behind proposing this charter change. Mayor Elson further stated that in the past taxes have continued to rise due to Improve- ments the City has had to make within the City and because of the 25% limitation, those property owners who do not benefit from the improvements have had to help carry the burden. Mayor Elson stated he felt that this ordinance will alleviate the general tax payer from carrying the burden of the costs. Mayor Elson stated that the only question that really remains is does this change require a special election -- the Council should look at the long range view. Mayor Elson stated that if the City is to have any additional improvements, it was his opinion that the 25% limitation requirements be relaxed. Council had considerable discussion with regard to the water/sewer fund and whether or not it was self-supporting. Finance Director Kinney advised that the Special Assess- ment Fund owed the General Fund over $100,000. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 328-77, providing for the submission of Charter amendments concerning special assessments to the qualified voters of the City at a special election, as amended Including Sections 6-5 and 7-4 and the date of such election to be held May 17, 1977. Motion passed unanimously by roll call vote. B-2: Ordinance No. 329-77 - 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 No. 107 surplus and directing that it be sold at public auction ." Mayor Elson opened the hearing to the public. There was no public input, therefore, the hearing was returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Ordinance No. 329-77 declaring FAA Building No. 107 surplus and directing that it be sold at public auction. Motion passed unanimously by roll call vote. .6.�:..:._.. ■ -- KENAI CITY COUNCIL, REGULAR MEETING, MARCI! 16, 1977 Pago 3 p B-3: Renewal of Beverage Dispensary License - Rainbow Bar & Grill Administration advised that the Rainbow Bar a drill were delinquent in their sales tax in the amount of $12,892, delinquent in personal property taxes and 1977 personal property not filed as of this date. Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Morgan moved, seconded by Councilman Ambnrlan, that the Council of the City of Kenai request that the Alcoholic Beverage Control Board withhold issuance of renewal of license for beverage dispensary for the Rainbow Bar a Grill until all taxes are current. Motion passed unanimously by roll call vote. B-4: Renewal of Beverage Dispensary License - Kenai Joe's Administration advised that sales taxes were delinquent in the amount of $6, 930, Personal Property taxes were delinquent and not filed for 1077 and City assessments in the amount of $255.39 were also delinquent for Kenai Joe's. Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, that the Council of the City of Kenai request the Alcoholic Beverage Control Board to withhold issuance of renewal of license for beverage dispensary for Kenai Joe's until all taxes are current. Motion passed unanimously by roll call vote. B-5: Renewal of Beverage Dispensary License - Pre -Flight Room Administration advised that all taxes were current for the Pre -Flight Room. Mayor Elson opened the hearing to the public. There was no public input. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, that the Council of the City of Kenai request the Alcoholic Beverage Control Board to withhold issuance of renewal of beverage dispensary license for the Pre -Flight Room as they refuse to pay the current lease rate as set by City ordinance. Motion passed by roll call vote. Voting yes; Ackerly, Ambarian, Morgan, Glick and Elson. Voting no; Whelan. i i I 1 I KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 page 4 B-6: Renewal of Beverage Dispensary License - Harbor View Administration advised that all taxes, payments to the City, etc. were current for the Harbor View. Mayor Elson opened the hearing to the public. There was no comment. There was no objection to the issuance of beverage dispensary license to the Harbor View. C . PERSONS PRESENT SCHEDULED TO BE HEARD None D. MINUTES D-1: Minutes of the regular meeting of March 2, 1977 The minutes were approved as distributed E. CORRESPONDENCE E-1: Salvation Army Mayor Elson acknowledged receipt of a letter from the Salvation Army thanking the City Council for their consideration in the matter of lease of the old library building. r' E-2: Mayor Elson advised that he had received a copy of a "Profile Study of five Kenai Peninsula Cities" and this copy would be available at the Clerk's office. F . OLD BUSINESS F-1: Lease Agreement - Old Kenai Library Building i Councilman Morgan questioned the term of lease in that it was for only one year. Mr. Wise advised that the Historical Society had requested a short term lease so that they would not be bound to a lengthy lease in the event their organization ran into problems with the rental of the building. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for approval of lease to the Kenai Historical Society for building located on Lot 3, Block 17, Original Townsite of Kenai, which formerly housed the Kenai Community Library for a term of one year at the annual rental rate of $1.00. ` _ Motion passed unanimously by roll call vote. i KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 5 F-2: Payment to Engineer - EDA Water Project No. 07-01-01664 MOTION: Councilman Ambar!an moved, seconded by Councilman Morgan, for approval of of payment to Harold H. Galliett► Jr. for professional engineering services on EDA Project No. 07-01-01684 in the amount of $16,423.99. Councilman Morgan stated that he objected very strongly that the Change Orders went so far without Council approval -- feel City should pay the engineer for time spent but Council should have the opportunity to make all future decisions concerning the changes prior to expenditure of monies involving engineering time, etc. Motion passed unanimously by roll call vote. G. NEW BUSINESS G-1: Bills to be paid - bills to be ratified MOTION: Councilman Whelan moved, seconded by Councilman Morgan, for approval of bills to be paid and bills to be ratified as listed 3/16/77. Motion passed unanimously by roll call vote. 0-2: Ordinance No. 330-77 - Kenai Water Supply & Water Shed Protection Mayor Elson read Ordinance No. 330-77 by title only. "An ordinance of the Council of the City of Kenai, Alaska, regarding water supply and water shed protection and providing for enforcement of the ordinance outside the City limits". Mayor Elson advised that this ordinance differed from the first ordinance with regard to the same subject in that it provides for notice to the City rather than permission from the City. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for introduction of Ordinance No. 330-77, regarding water supply and water shed protection and providing for enforcement of the ordinance outside the City limits. Motion passed unanimously by roll call vote. G-3: Ordinance No. 331-77 - Special Revenue Fund Entitled "Airport Master Plan" Mayor Elson read Ordinance No. 331-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska, establishing a _off special revenue fund entitled "Airport Master Plan" and by increasing estimated revenues a�r and appropriations in the amount of $123,159." 01 0 KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 6 MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for introduction of Ordinance No. 331-77, establishing a special revenue fund entitled "Airport Master Plan" and by increasing estimated revenues and appropriations in the amount of $123,159. Motion passed unanimously by roll call vote. G-4: Ordinance No. 332-77 - Increasina Estimated Revenue & Appropriations/Airport Land Mayor Elson read Ordinance No. 332-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska, increasing estimated revenues and appropriations in the Airport Land Fund in the amount of $3, 010 for the purpose of repairing the overhead doors in the warm storage facility." Mr. Wise advised that the overhead doors in the warm storage facility had been damaged and no funds were provided for their repair in the budget -- thus the reason for the ordinance. MOTION:: Councilman Whelan moved, seconded by Councilman Ackerly, for introduction of Ordinance No. 332-77, increasing estimated revenues and appropriations in the Airport Land Fund in the amount of $3,010 for the purpose of repairing the overhead doors in the warm storage facility. Motion passed unanimously by roll call vote. G-5: Resolution No. 77-27 - Amending Kenai Municipal District Zone Code Mayor Elson read Resolution No. 77-27 by title only as copies were available for the public. "A resolution of the Council of the City of Kenai, Alaska, recommending amendment of the Kenai Municipal District Zoning Code, Chapter 21.76, Kenai Peninsula Borough Code of Ordinances." Mr. Wise advised that the Kenai Advisory Planning & Zoning Commission had recommended these changes be made and the most significant change was that the ordinance be amended to include that there would be single family dwellings exclusive within rural residential and suburban residential zones. Mayor Elson reminded Council that passage of this resolution would not mean actual change in the zoning but merely that the matter be brought before the Borough for consideration. MOTION: Councilwoman Glick moved, seconded by Councilman Morgan, for adoption of Resolution No. 77-27, recommending amendment of the Kenai Municipal District Zoning Code, Chapter 21.76, Kenai Peninsula Borough Code of Ordinances. f .. i i KENAI CITY COUNCIL, REGULAR MEETING. MARCtT 16, 1977 Page 7 Councilman Ambarian suggested that consideration be given to make the language clearer with regard to 2-1/2 stories or 35 feet references for contractors building within the City. QUESTION: Motion passed by roll call vote. Voting yes; Aekerly, Whelan, Glick, Morgan and Elson . Voting no; Ambarian. G-8: Resolution No. 77-28 - Walvinoc Interest a Extending Period of Deferment Mayor Elson read Resolution No. 77-28 by title only. "A resolution of the Council of the City of Kenai, Alaska, waiving interest in a deferred assessment and extending the period of deferment." Councilman Ambarian questioned the legality of not presenting this matter at a public hearing? City Attorney Williams stated that in order to grant the Parson's requests in regard to deferred assessments, an ordinance would be required because in effect the Council would be exempting them from the provisions as specified in Ordinance No. 314-78. MOTION: Councilman Ambarian moved that Resolution No. 77-28 be introduced as an ordinance at the next meeting of the Kenai City Council. 0 Motion died for lack of second. Councilman Whelan asked the City Attorney's opinion as to the question which arises by the letter sent to the Parsons by prior Administration. City Attorney Williams stated that Administration has no authority other than that delegated by Council and, thorefore, to unable to bind the Council to any commitments without their approval. Councilman Morgan stated that he did not agree with the resolution nor Ordinance 314-76 as the letter from the Parsons was not presented to Council at passage of the ordinance. Councilman Morgan further commented that he felt the City had a moral obligation to persons having been given special commitments from City Administration, and perhaps a similar resolution could be drafted including that after the deferred period, interest would be charged and at such time that the property is subdivided, the assessments would be due and payable. Also, Councilman Morgan objected to the reference in the resolution "Parsons family" as he felt the reference should be limited to Ruth and/or Hedley Parsons only. MOTION. Councilman Ambarian moved, seconded by Councilman Morgan, to table Resolution No. 77-28 and Administration be so instructed to return with an ordinance that would - affect the large property owners. Motion passed unanimously. !' IR 6.-- KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 8 G-7: Revolution No. 77-20 - Authorizinx Refunds to Certain Property Owners Mayor Elson read Resolution No. 77-29 by title only. "A resolution of the Council of the City of Kenai, Alaska, authorizing refunds to certain property owners in the 1073 assessment districts." Mr. Wise requested that this resolution be tabled as he has received comments that Kenai Property Owners may initiate further proceedings against the City and, therefore, this resolution may be pre-maturo. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, to table Resolution No. 77-29, authorizing refunds to certain property owners. Motion passed by roll call vote. Voting yeas Ackerly, Whelan, Morgan, Glick and Elson. Voting no; Ambarian. O-8: Resolution No. 77-30 - Addition to Sr. Citizen Nutritional Program Mayor Elson read Resolution No. 77-30 by title only. "A resolution of the Council of the City of Kenai, Alaska, providing for a "Meal on Wheels" addition to the Senior Citizen Nutritional Program." Mr. Wise advised that funds were available to provide this service to those senior citizens who are housebound. MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-30, providing for a "Meal on Wheels" addition to the Senior Citizen Nutritional Program. Motion passed unanimously by roll call vote. G-9: Resolution No. 77-31 - Contract/Airport Master Plan Study Mayor Elson read Resolution No. 77-31 by title only. "A resolution of the Council of the City of Kenai, Alaska, providing for a contract to execute the Airport Master Plan study." MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-31, providing for a contract to execute the Airport Master Plan Study. Motion passed unanimously by roll call vote. h ; � r Ji 9l KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 9 0-10: Resolution No. 77-32 - Forest Drive Water Line Project Mayor Elson read Resolution No. 77-32 by title only. " A resolution of the Council of the City of Kenai, Alaska, authorizing the acceptance of the amended grant on the Forest Drive Water Line Project in the amount of $105,334." MOTION: Councilman Morgan moved, seconded by Councilman Aekerly, for adoption of Resolution No. 77-32, authorizing the acceptance of the amended grant on the Forest Drive Water Line Project in the amount of $105,334. Motion passed unanimously by roll call vote. 0-11: Resolution No. 77-33 - Donation to Kenai Community Library Mayor Elson read Resolution No. 77-33 by title only. "A resolution of the Council of the City of Kenai, Alaska, accepting the donation of a 3-M Microfiche Reader to the Kenai Community Library from the Kenai Lions Club. MOTION: Councilman Aekerly moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-33, accepting the donation of a 3-M Microfiche Reader to the Kenai Community Library from the Kenai Lions Club. Motion passed unanimously by roll call vote. 0-12: Addendum to AAI Lease - Car Rental Service Administration advised that this lease would authorize AAI to operate a car rental business in which the City would receive 10% of the gross receipts on rental transactions and 13% of gross receipts from the sale of personal accident insurance. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for approval of addendum to Alaska Aeronautical Industries, Inc. lease dated February 1, 1977 to allow AAI to operate National Car Rental Agency in the Airport Terminal Building. Motion passed unanimously by roll call vote. 0-13: Resolution No. 77-34 - Senior Citizen Budget Program Mayor Elson read Resolution No. 77-34 by title only. "A resolution of the Council of the City of Kenai, Alaska, approving the attached Senior Citizens Program Budget and authorizing the City Manager to apply in behalf of the City for State and Federal Assistance to implement the program." 4 r 1 I i F F � 0 KENAI CITY COUNCIL, REGULAR MEETING, MARCTT 16, 1977 Page 10 MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, that the City Manager is hereby authorized and directed to submit an application to the State of Alaska for Title III and Title VII, Senior Citizen Programs, in the gross Amount of $171,098 and that a 25% share of Title TIT and a 10% Share of Title VII shall be funded by the City in support of this program benefitting the !heater Kenai Area. Motion passed unanimously by roll call vote. 0-14: Resolution No. 77-35 - Limit Tort Liability of Municipalities Mayor Elson read Resolution No. 77-35 by title only, "A resolution of the Rouneil of the City of Kenai, Alaska, petitioning the Kenai Peninsula Legislative Delegation to sponsor and enact legislation to limit tort liability of the municipalities". Mr. Wise advised that recent State Supreme Court decisions have held municipalities liable for failure to fully exercise and implement inspection procedures which threatens the legal liability of each municipality. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for adoption of Resolution No. 77-35, petitioning the Kenai Peninsula Legislative Delegation to sponsor and enact legislation to limit tort liability of the municipalities. Motion passed unanimously by roll call vote. Y 0-15: Resolution No. 77-30 - Step #1 Sewerage Treatment Study Application Mayor Elson read Resolution No. 77-36 by title only. " A resolution of the Council of the City of Kenai, Alaska, authorizing and directing the City manager to make application for a Step #1 Sewerage Treatment Study." MOTION: I Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-36, authorizing the City Manager to make application to the RPA for a Step #1 Sewerage Planning Brant in the amount of $82,640, and execute the necessary grant agreements and other documents as required. Motion passed unanimously by roll call vote. G-16: Resolution No. 77-37 - Execute Step #1 a Step #2/Sewerage Planning Study Mayor Elson read Resolution No. 77-37 by title only, "A resolution of the Council of the City of Kenai, Alasks . for a contract to execute a Step 91 Sewerage Planning Grant and a Step #2 Brant application." 1 KENAI CITY COUNCIL, REGULAR MERTIN0, MARCIi 16, 1977 Page 11 MOTION: ►`"� Councilman Morgan moved, seconded by rouneilman Whelan, for adoption of Resolution No, 77-37, for approval of A contract to executo a Stop #1 SawerajrA Planning Grant and a Stop #2 grant application. Motion passed unanimously by roll call vote. 0-17: Lease of Airport Lands or Facilities - Andy's Flying Service Mr. Wise advised that this lease to Andy's Flying Service was for Lot 4, R1ook 5, General Aviation Apron, for a term of 65 years at the annual rental of $1,166.50 and was to be utilized As aircraft tie -downs, aircraft maintenance and machine shop and office building. Councilwoman Glick advised Council that two Applications for Lot 4, Rloek 5, were submitted to the Planning Commission simultaneously, however, it was brought to Councilwoman Glick's attention that perhaps Mr. Udelhoven's application may be of more benefit to the City as his proposed building is of considerable higher value than Mr. Diamond's and Mr. Udelhoven states that he would begin construction immediately. Councilman Ambarian stated that he felt past City r, p y policy was to consider the first , application submitted and he had been advised that Mr. Diamond's application had been received at City Hall prior to Mr. Udelhoven's. Councilman Whelan stated that if applications are received within the same time frame, the City should favorably consider the most advantageous. f, With Council concurrence, Mayor Rison asked that both Mr. Udelhoven and Mr. Diamond advise the Council of the intent of their application to lease Lot 4, Mr. Udelhoven - stated that Ids business would make use of the access to the street for customers as well as the taxiway in the rear, Also, Mr, Udelhoven did state that his application was discussed but not considered by the Planning Commission. Mr, Diamond - advised that as a present lessee of airport lands, his business was rapidly expanding and there was increasing need for additional space. Also, `. Mr. Diamond stated thM his machine shop and office would rcquire street access E ; as well as availability to the taxiway. Councilman Morgan stated that he believed that the Council's obligation is to do what is in the best interest of the City and at the completion of the Airport Planning Study, additional lands would be available for lease. Therefore, Councilman Morgan stated he would have to vote against the lease to Andy's Plying Service as Mr. Udelhoven's proposed facility would be more beneficial to the City. 2� W 9 ' a It� Page 12 Councilman Ambarian stated that as Andy's Flying Horvice was currently leasing land from the City and has boon doing so for many years and consequently the City should feel some obligation to assist in the expansion of this Individual's businesses. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for approval of lease of Lot 4, Block 5, General Aviation Apron, for a term of 55 years at an annual rental rate of $1,166.50 to Andy's Flying Service. Motion failed by roll call vote. Voting no; Whelan, Morgan, (llick and Flson. Voting yes; Ackerly and Ambarian. 0-18: Payment Estimate 95 - Interstate Company MOTION: Councilman Morgan moved, seconded by Councilwoman thick, for approval of Periodic Estimate No, 5, Interstate Company, Inc. in the amount of $24,886 for RDA Water Project No. 07-01-01684. Motion passed unanimously by roll call vote, 0-19: Periodic Estimate No, 6 - Brown Construction Company MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, for approval of Periodic Estimate No. 6, to Brown Construction Co„ Inc. in the amount of $50,130.41 for RDA Water Project No, 07-01-01684. Motion passed unanimously by roll call vote. H. REPORTS H-k City Manager's Report (a) Soaland Lease -- payment in full was received by the City of Kenai this date for assessments owing the City on leased land. (b) structure adjacent to Old Library Building -- will have a proposal at the next meeting regarding removal of the structure attached to the Old Library Building. (e) Ad hoc Committee - Mr. Wise requested an Ad hoc committee to negotiate with interested parties for lease of the airport cafe and bar, Mayor Elson appointed Councilmen Ambarian, Whelan and Ackerly. KENAI CITY COUNCIL, REGULAR MEETING. MARCIT 16, 1077 �T 0 KENAI CITY COUNCIL, 1111MULAR MEETING, MAIM11 16, 1077 1%nge 13 MAYOR s COUNCIL - QTIESTIONS ANT) rOMMnNTR Councilman Whelan inquired as to the status of the Kenai ltnptist Temple and was advised by City Attorney Williams that the appeal wns proceeding but due to the Court system, the matter wog progressing very slowly. Councilman Morgan stated he felt that the Pity may be open to criticism if the Pity did not go to bid on the removal of the structure attached to the Gild Library Building, Mr, Wise advised that Administration was Just initially exploring the fonsibility and estimated costs, otc. Council directed Administration to advertise in a local newspaper also. Councilman Ambarian stated that a boat had boon parked at the City dock for some time and requested that Administration investigate the matter and contact the owner to have it removed. Councilman Aekorly suggested a lease application procedure be established by the City, Mr, Wise stated that an amendment could be made to the lease of City owned lands ordinance could be made establishing lease application procedures, Council unanimously requested the lease application procedure be included on a future work session agenda, H-2: City Attorney's Report None H-3: Mayor's Report (a) Mayor Bison advised that he would be travelling to Juneau on Thursday and would be meeting with local legislators, ete, (b) Mayor Elam also advised that it was necessary for the City to scrod out letters to audit firms requesting proposals for the up -coming annual audit. The following firms wore selected: Peat, Marwick, Mitchell a Co„ Arthur Young, Price-Waterhouso and Coopers 4 Lybrand, H-4: City Clerk's Report Clerk Sue Peter requested Council take action on the land solo hold prior to the meeting and ratify same by resolution, 1=1O14: ` Councilman Morgan moved, seconded by Councilman Whelan, for adoption of i Resolution No, 77-39 confirming the sale of let 31, Section 0, TOM, R11W, SM, -�* to Glen J. Kipp/Kenai Electric for the price of $9,100,00, Motion passed unanimously by roll call vote, t' .i KP,NAI CITY COUNCIL, RHOULAR MPPTING, MARCII 16, 1977 Page 14 MOTION: ' w Councilman Morgan moved, seconded by Councilman Whelan, for adoption of Resolution No. 77-30 confirming the sale of Lot 21, Block 2, Rlaak-Mold Estates to Panoramic Incorporated (Mr. William Schweitzer) for the price of $5.000.00. Motion passed unanimously by roll call vote, MOTION: Councilman Aekolry moved, seconded by Councilman Ambarian, for adoption of Resolution No. 77-40 confirming the sale of Lots 0-10, 30-40, Block 10, C. P. Ahlstrom Subdivision to John W. Platt for the price of $15,100. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-41 confirming the sale of Lot 13, Block 10, Original Townsite of Kenai to the American Legion for the price of $0, 200. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilwoman thick, for adoption of Resolution No. 77-42 confirming the sale of Lot 126, Section 31, TON, RIM RM to Aaron S . Barks for the price of $9, 400. Motion passed unanimously by roll call vote. MOTION: Councilman Whelan moved, seconded by Councilman Aakerly, for adoption of Resolution No. 77-43 confirming the sale of Lot 1, Block 4, Highland Subdivision, to Panoramic Incorporated for the price of $1, 900. Motion passed unanimously by roll call vote, MOTION: Councilman Ackerly moved seconded by Councilwoman Glick, for adoption of Resolution No. 77-44 confirming the sale of Let 30, North of Kenai Road, Section 33, TON, R1IW, ON to Edwin R. Lowry for the price of $1,520, Motion passed unanimously by roll call vote, i KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 18 H-S: Finance Director's Report Finance Director Ross Kinney advised that he had been asked to attend a Chamber of Commerce luncheon and sit on a panel with regard to sales tax -- Mr. Kinney stated his comments would reflect his own thoughts but would also advise what the City has done thus far. Mr. Kinney also reported that the City received $259,000 in sales taxes in the first quarter of the year. The finance department has been taking strict action on the accounts receivables and are demanding payments or cutting off service. Councilmen Whelan and Aekerly commended the finance department on its early submittal of the financial statements. H-6: Planning & Zoning Commission's Report Councilwoman Glick reported that the Kenai Advisory Commission held a public hearing on PZ Resolution No. 77-3. Also, the Commission reviewed a lease application for Cook Inlet Industrial Air Park which was tabled as the Commission felt the particular lot in question was not being put to its best use. The Commission also reviewed a subdivision preliminary plat. H-7: Kenai Peninsula Borough Assembly's Report 4, Mayor Sloan reported briefly on the Assembly's meeting of March 15, 1977. _) QUESTIONS: City Manager Wise asked Council concurrence for write the Borough to find out why Nikiski received CETA funds and why the City of Kenai is not eligible to receive funding. Council so concurred. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD r 1-11. Mrs. Ruby Coyle Mrs. Coyle inquired as to the process of getting an opinion from the Attorney General as to how Title 29 applies to Home Rule Cities. Mayor Elson advised that this request would have to be made through a State agency or a Legislator. ' There being no further business to be brought before the Council of the City of Kenai, Mayor Sloan adjourned the meeting at 12: 00 midnight. Respectfully submitted, /zw9. Sue C . Peter, City Clerk ,l CITY MANAGER'S REPORT - #1 Z f ADMINISTRATION - FINANCE 1. Ordinance 328-77 This is the Charter amendment relative to special assessments. As requested by the Council, additional language has been prepared relative to a prior approval of the property owners before the actual enactment of creating an assessment district and providing for a bonding. This language, I believe, will meet the objections raised by the Council. It must be noted, however, that this does not necessarily mean that a large property owner would be able to preoludo or stop an assessment district. He simply may be outvoted, in essence, by the other affected properties, Therefore, the deferrment problem is still with us. I draw attention to this in particular, to later correspondence in this report and on the agenda in regard to a resolution in reference to the Parson Homestead assessments, { 2. Ordinance 328-77 This declares the FAA Building #107 surplus and provides for its sale. This is the American Legion building. It should be expected that the American Lep ion may ask for some modification in terms, relative to the 90% and 3 days to complete the contract. J S. Beverage Dispensary Licenses We have four (4) beverage dispensary licenses up for renewal; the Rainbow Bar i Grill, Kenai Joe's, Pro -Flight Room and the tlarbor View. Data as to taxes will be presented to the Council at the night of the meeting. 4. Lease - historical Society The lease for the Itistorical Society will be included in this package for your perusal. It essentially calls for a token lease rate, vrhere the City would continue to provide insurance for the building, However, maintenance and utilities would be the responsibility of the Historical Society. { 6. Gowen Payment -- The Gallie t bill will be an the agenda for Council action, It is expected that we - will discuss this, however; dither tonight at the Council meeting with Mr. t, Galliett or Aionday night at the work session. R {l r City Manager's Report March 16, 1977 Page 2 6. Resolution - Watershed This will be Ordinance 330-77, relating to the water supply and watershed protection. This ordinance provides for the requirement that any application for water rights must provide a certified, true copy to the City, under penalty. This will enable the City to be assured that we can file our comments with the State and draw their attention to the fact that this is the City watershed and we must be considered, not only in our current but also future needs, in providing a potable water supply for the City. This, I feel, is a more rational approach than interfering with the possible oil exploration or individuals seeking water. 7. Ordinance 331-77 This ordinance will provide the funding for the Airport Master Plan. This will accept the State/Federal funds and set up a special account so that we can pay those bills as they come due. S. Resolution - Airport Consultants This will be a resolution approving a contract with our Airport Consultants needs to be finalized at this time. which 9. Resolution - Sewage Planning Grant Study This resolution will not be included in this package, inasmuch as it is being drafted this morning. It will provide for a Step I Sewage Planning Grant Study to encompass the City system and certain surrounding territories. We have been informed by the Borough that the Borough will participate in this study, inasmuch as we are serving Wildwood and we should study, at least, the area to our North, abutting Wildwood and the City, to see if it is logical for us to extend our service into that area at some future date and at the property owners costs. 10. Resolution - Parsons Homestead This is a resolution relative to the Parsons Homestead. It provides for a waiver Of the ordinance reference to deferrments, in regard to their particular situation. The petition that a -hey have filed to the City is attached and attached to this Administrative Report are comments by the City Attorney and Finance THrector. You will note that the resolution is drafted into three (3) parts; first, deferred area, and the second part relates to the non -deferred portion or first 330 feet which the administration does not coneurr in the waiver of interest in that area. The third part simply is a standard policy and since they mention it in their Petition, we should comment on it, i • 1 I t N a ,- V- City Manaper'A Report March 16, 1077 Page 3 11. Resolution - Assessment Refunds This is a resolution providing for assessment refunds, in Accordance with the legal suit against the City by the Kenai Property Owners Association and the Council action directing the administration to develop data on reassessment relative to the Charter provision, Certain properties are due refunds inasmuch as they had paid their assessments in full at the time of the reevaluation. To disperse those monies, we, of course, need a Council resolution approving such dispersement. At this time, however, because we have been informed that there are still conaidorable antagonism to the action that has been taken, it is suggested that the Council acknowledge this resolution, but table it until such time as we are assured that there will be no further legal action. The reason for this is that, in the event of additional legal action, these reductions may be disallowed and would be then very difficult to reinstitute the assessments against those properties, Therefore, again, the administration recommends that this resolution be acknowledged by the Council but tabled at this time, 12. Resolution - Rezoning This is a resolution requesting rezoning in accordance with the recommendations of the Advisory Planning and Zoning Commission of the City of Kenai. As exp!ained in the last administrative report, the essentials are: The elimination, as principal uses, all but single family dwellings in the Rural, Suburban Residential Zones. However, it does provide for conditional use permits for multi -family dwellings, up to four family units, Otherprovisions are additional parking requirements and an enlargement of the parking space required (from 180 to 200) . 13. Kenai Baptist Temple I have had a negotiating session with Mr. Larrabee from the Kenai Baptist Temple, wherein I presented a request for not only an acknowledgement by consent order of the legal rights of the City, but also a cash settlement of $1, 200, 00 for legal fees and $92, 00 for legal costs and $1, 500, 00 for violation of the ordinaneo, This $1,600.00 is broken Out to 85,00 a day for 300 days, On presentation, Mr. Larrabee simply said that it was unacceptable and that they would pursue in their court action, In essence, there was no negotiation and, in fact, we've heard nothing further of their sale of the property in question. _ 14. OSHA Inspection j In relation to the OSHA inspection which we had last year, I finally have received the cost data as to the corrections which were required to have 12 . , .1. .. - n... ..- CITY MANAGER'S REPORT 913 ADMINISTRATION - FINANCE I. Ordinance 328-77 This is the Charter amendment relative to special assessments. As requested by the Council, additional language has been prepared relative to a prior approval of the property owners before the actual enactment of creating an assessment district and providing for a bonding. This language, I believe, will meet the objections raised by the Council, It must be noted, however, that this does not necessarily mean that a large property owner would be able to precludo or stop an assessment district. Re simply may be outvoted, in essence, by the other affected properties. Therefore, the deferrment problem is still with us. I draw attention to this in particular, to later correspondence in this report and on the agenda in regard to a resolution in reference to the Parson Homestead assessments, 2. Ordinance 320-77 ID This declares the FAA Building #107 surplus and provides for its sale. This is the American Legion building. It should be expected that the American Legion may ask for some modification in terms, relative to the 90% and 3 days to complete the contract, 3. Beverage Dispensary Licenses We have four (4) beverage dispensary licenses up for renewal; the Rainbow Bar f Grill, Kenai Joo's, Pre -Flight Room and the Harbor View. Data as to taxes will be presented to the Council at the night of the meeting, 4. Lease - Historical society The lease for the Historical Society will be included in this package for your perusal. It essentially calls for a token lease rate, where the City would continue to provide insurance for the building. However, maintenance and utilities would be the responsibility of the Historical Society, S. Galliett Payment The Galliett bill will be on the agenda for Council action. It is expected that we will discuss this, however; either tonight at the Council meeting with Mr. t Galliett or Monday night at the work session. City Manager's Report March 16, 1977 Page 4 been made to comply with that Inspection. They are essentially a little over $1,300.00. We weret again, fortunate that no cash penalty was imposed by the State for our six (6) deficiencies. 15. Sealand Payments I was visited this week by Charles Ogle, representing Realand Incorporated, and he requested the actual cost data relative to the assessments on Lot 6, 7, and 8, Block 2 in the Industrial Air Park and for payment of the appropriate lease rate for Lot 6, through the end of this month. The data totaled up to some $5,400.00 and it is expected that we will receive a full settlement of that sum. 16. Old City Hall Building As you will no doubt recall, the Historical Society made mention of that structure, the addition to the Old City Hall building, be removed. We've investigated the problems relative to that structure and find none. As best we can determine, it is not really structurally connected to the building nor is it interwoven with utilities. Wesley Meeks, son of Roger Meeks, haz contacted me relative to removing the structure at no cost to the City, i which may be in the best interests of the City and I would recommend its approval in that it will save us a great deal of time, effort and trouble, as well as permit the structure to be properly turned over to the Historical Society upon execution of the lease for that building. 17. FAA Lands That section of the FAA lands south of the Spur Highway, adjacent to the Beaver Loop Road (between R . Loop Road and Walker Lane) , has, of course, been the prime subject of discussion for rezoning from Residential to Commercial. Dick Swain, who is a representative of Mrs. Schmidt in her pursuance of a lease for a motel, has informed me that the FAA has agreed to release that particular section of FAA lands, upon presentation of a request by the City. I have therefore requested the surveying firm of Malone Surveryors to prepare the perimeter metes and bounds so that we can file an appropriate resolution with the FAA for an appropriate release of that land. At this time, I also have the staff working on a brief description of that tract, identifying boundaries, utilities and, with a sketch map attached. An approriate cover letter will be distributed to major activities within the State, including banks anel real estate firms, to try to ascertain contemplated uses for the land. On receipt of any proposals, then we should, with the Planning Commission and the Council, decide on further details as to easements, and problems relating to the lay of the land. with an appraiser, we should try to determine the way the land should be subdivided. This, I think, will y Cityf Manager's Report March 16, 1977 Page G enable us to properly develop the land and to gain maximum benefit from the land for the City and the Airport Lnnd Fund. I have n rough estimate that this land could be worth, as a net to the land fund, $50-60,000.00 a year. This is with no investment by the land fund, other than the surveying costs. IS. National Car Rental Lease We will have, on the agenda, an addendum for a lease to AAI, which will provide for their operation of a National Rent -a -Car franchise in the airport terminal. 19. City Doak and Lands Lease There have boon several applications for lease of the land behind the dock. however, there is a condition in the patent from RLM to the City in reference to the use of the land; that the City must maintain control of the land at all times. If this condition is not met, then the land would revert back to the Federal government. Reeause the City has now had four (4) applications for lease of the land and dock, the Harbor Commission has directed that I contact the Secretary of the Interior and ask for permission to lease the land, without having the provisionary clause invoked, we have received an answer from BLM saying that the lease is permitted, however, we must "maintain control". .Tan is now reviewing the not to determine what that particular phrase means. I proposed to Don Tewksbury, by letter, that upon legal review by Jan, there should be a meeting of the Harbor Commission and several applicants. At this meeting, Jan should brief and present her understanding of the terms and conditions of the ALM clause provision. Further, that following the briefing, the applicants should be encouraged to resubmit their applications to ensure that they comply with the provisions of the patent. Pollowing this, the Harbor Commission would review the four applicants to determine which of them has the best benefits to the Community. 20. Senior Citizens Nutritional Program A resolution relative to expanding the Senior Citizens Nutritional Program to provide "meals on wheels" function is included in your packet. we do have those Senior Citizens who are house -bound and physically unable to attend the noon meals at Fort Kenay. R would be desirable, and we are equipped, to provide such service; however, we need Council approval to provide such an expanded program and further, there would be a delivery costf which would have to be assumed by the Program. This resolution relates to both the implementation -- of the Program and to amend the contract with the Mormon Church to affect such _- program. I would like to draw your Attention to the fact that there will be a ` discussion of the Senior Citizen fludget for the next fiscal year, which we must forward to Juneau prior to March 31, 1977; therefore, the details of this program and the extent of the committment that the Council is entering into will be more fully discussed on Monday evening.