HomeMy WebLinkAbout1977-04-06 Council Minutesi
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AGENDA
RROULAR MEETING - KENAI CITY COUNCIL
APRIL 0, 1017 - 8: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
PLEDOE OF ALLR()IANCF
A.
ROLL CALL
PACE
AGENDA APPROVAL
B.
PUBLIC HEARINGS
1. Ordinance No. 330-77 - Kenai'Ontor Supply i Water Shed Protection
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2. Ordinance No. 331-77 - Special Revenue Fund entitled "Airport Planter Plan"
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3. Ordinance No. 332-77 - Increasing Pstfmnted Revenues t Appropriations/Airport land
4.
5.
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
i. Mr. Ted Carson - ItF: Rainbow Bar t Grill
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2. Mr. Edward Garnett - REs Lease Application/Andy's Flying Service
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3, Mr. Billy McCann - RP: Assessments
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4. Air. William Hinrichs - RE: Resolution 77-27/Amending Zoning Ordinance
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5. Mr. Tru MoGrndy - RR: 73-93 Assessments
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0. Crown Developers 6 Resolution No. 77-53
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D.
MiNUTIM
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1. Minutes of the regular meeting of March 10,1977
E.
CORRESPONDENCE.
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1. Rogers & Baldwin/Torminal Lease with Brian Peak
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2. Alcoholic Beverage Control Board/Oaken Keg f54 Renewal Application
4.
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F.
OLD BUSINESS
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1, Ord. 333-77 - Special Deferred Assessments/Parno»s Property
77-20 - Refunds to Certain Property Dvrners in 1973 Assess. Distrt�ts
2, Resolution No.
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3. Sale of FAA Building #107
0.
NEW BUSINESS
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1. Bills to be paid - bills to be ratified
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2, Ord. 334-77 - Dedicating Certain Bond punds to Water s Sower Improvements
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3. Ord. 335-77 - Authorizing Land Sale of Tax i Assessment Foreclosure Properties 0
4, Res. 77-45 - Transfer of Funds/Senfor Citizen Nutrition Program
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5. Res. 77-46 - Transfer of Funds/Spacial Fteetion
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6, Res. 77-47 - Ratifying Purchase a Installation of Hater Pump
10
7, Res. 77-48 - Ratifying Payment of $5.000 to Hutchings Sales a Rorviee
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_ 6, Res. 77-49 - Transfer of Funds/Kenai Water Project 07-M-01084 - Change Ord.
7-1N 10
9, Res. 77-50 - Transfer of Funds/Airport Terminal A+anager Budget
11 q
10. Res. 77-51 - Transfer of Funda/Kenai Community Library Budget
11 1
,I. nos. 17-52 - Transfer of Funds/City Mannger's Budget
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12. Awarding of Aid - Kenai Municipal Airport Jnnftorial Contract
12
13. Sublease of Lot 8, Block 3. Cook Inlet Industrial Air Park
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14. Assignment of Lease - Lot S. Block 3, Cook Inlet Industrial Air Park
15.
16.
17.
H.
REPORTS
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1. City Manager's Report
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2. City Attorney's Report
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3. Mayor's Report
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4. City Clerk's Report
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5. Finance Director's Report
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6. Pimining i Zoning Commission's Report
16
7. Kenai Peninsula Borough Assembly's Report
1.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
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1.
ADJOURNMENT
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KENAI CITY COUNCIL. - REGULAR MEETING
APRIL 8, 1977 - 8: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
A. ROLL CALL
Present: Dan Whelan, Richard Morgan, Betty Glick, Walter Sweet,
Tom Aakerly and James Elson
Absent: Ed Ambarian
AGENDA APPROVAL
The following addiflor. s were approved:
G-13: Sublease of Lot 8, Block 3, Cook Inlet Industrial Air Park
0-14: Assignment of Lease - Lot 8, Block 3, Cook Inlet Industrial Air Park
B. PUBLIC HEARINGS
B-1: Ordinance No. 330-77 - Kenai Water Supply a Water Rhed 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
J protection and providing for enforcement of the ordinance outside the City
limits."
Mayor Elson advised that the most substantial change in the ordinance is that
it does not require approval by the City but merely notification to the City.
Mayor Elson opened the hearing to the public. There was no public comment.
MOTION:
Councilman Morgan moved, seconded by Councilman Ackerly, for adoption 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.
Mayer Elson advised that the ordinance would be introduced at the Borough
Assembly for approval.
B-2: Ordinance No. 331-77 - Special Revenue Fund Entitled "Airport Master Plan"
Mayor Rlson read Ordinance No. 331-77 by title only. "An ordinance of the
Council of the City of Kenai, Alaska., establishing a special revenue fund
entitled "Airport Master Plan" and by increasing estimated revenues and
appropriations in the amount of $123,159."
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MINUTES OF 4-0-77, Page Two
Mayor Elson opened the hearing to the public. There was no public input.
MOTION:
Councilwoman (hick moved, seconded by Councilman Sweet, for adoption 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 $123,100.
Motion passed unanimously by roll call vote,
B-3: Ordinance No. 332-77 - Increasing Estimated Revenues a Appropriations
Airnnvt Lnnd Vund
i Mayor Elson read Ordinance No, 332-77 by title only. "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 . ,
Mayor Elson opened the hearing to the public, There was no comment.
MOTION:
Councilman Sweet moved, seconded by Councilman Whelan, for adoption 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. N
Motion passed unanimously by roll call vote.
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C . PERSONS PRESENT SCHEDULED TO BE HEARD !
C-1: Mr. Ted Carson representing Rainbow Aar a Grill
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Mr. Carson advised Council that he was representing the now managers of
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f, the Rainbow Bar a Grill and inasmuch as the Council had protested renewal
of the beverage di
spensary ispensary license due to non payment of taxes, his client ,
had contacted the Borough and set up the following payment schedule !
(1) $6,000 cash will be paid to the Borough; (2) the remaining indebtedness
will be repaid at the rate of $1, 500 per month plus 8%, Mr. Carson reported
that the Borough would advise the City and it was Mr. Carson's hope that
the City would accept the Borough's recommendation so that the Rainbow Bar a
Grill would be allowed to continue business,
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i Councilman Whelan requested that on all matters such as this, the City set forth
T !� a policy that the Borough submit all information on the applicants in writing to
the City,
MINUTES OF 4-8-77 Pago Three
C-2s Mr. Edward Garnett - roprosonting Andy's Flying Service
Mr. Garnett advised Council that his firm had been retained to represent
Andy's Flying Service with regard to loupe of Lot 4, nlook 8, Gonoral Aviation
Apron in that Mr. Diamond's application had boon rejected. Mr.. Garnett
questioned the notion of the Council in that it has boon City policy, in the post,
to accept applications on a first -come -first -served basis and Mr. Diamond's
application had boon submitted to the City Planning Commission first. Also,
as Andy's Flying Service has been a lesson of City owned lands for some time
and their proposed use of the land is more airport related than the other
applicant, Mr. Diamond's application should be accepted. Mr. Barnett respectfully
requested Council reconsideration of Mr. Diamond's application.
Mr. Wise, City Manager, advised Council that he had boon verbally advised
by the other applicant that he was going to withdraw his application.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for reconsideration
of lease to Andy's Flying Service of Lot 4, Block S, General Aviation Apron.
Motion passed unanimously.
Councilman Morgan stated that he had contacted the other applioant, Mr. Udolhoven
who was not available for comment, however, his business associate did advise
that he and Mr. Udolhoven folt they wore getting the "run around" from the City
and thus the reason for withdrawing their application. Councilman Morgan stated
that he was told by Mr. Udolhovon's firm that they had applied for the same
lot Buseell Electric had made application for and were advised by City Hull
not to make application for another parcel until such time the Bussell Electric
application had been approved. Mr. Udolhoven felt that he could have applied
for Lot 4, Block S at that time and would have boon given first consideration
of lease of Lot 4.
MOTION#,
Councilman Morgan moved, seconded by Councilman Sweet, that the matter be
tabled until the next regular meeting of the Council so that both applicants can
be present to discuss the lease of Lot 4, Block S, General Aviation Apron.
Motion passed unanimously by roll call vote.
C-3s Mr. Silly McCann - Assessments
Mr. McCann came before Council to protest in behalf of the individual who
had purchased Mr. McCann's land in the Birch Street area who was now being
assessed by the City when Mr. McCann had assured him all assessments had
been paid. Mr. McCann advised that a private contractor had installed the
sewer line for five property owners and the City had advised at that time they
would be charged l% of the normal assessment. Mr. McCann advised that the
sewer line was in 82' of public right-of-way,
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MINUTUS OF 4-6-77
Pago Your
Councilman Whelan asked the City Attorney if Council wore to approve the 1%
what would it Rio to the City's situation? City Attorney Williams stated that as
the assessment roll has boon confirmed by Council and the time of protesting is
past, Council, therefore, is not under any obligation to act on this request.
City Attorney Williams also advised that it would require amending the ordinanco
and Mr. Wise, City Manager, reported that the assessment district passed as
presented with no adjustments at the Council meeting of .January 30, 1074.
Mr. Wise stated that he had not soon any validating materials approving the 1%
and if Mr. McCann did pay the eostoi for installation of the system which is in
a public right-of-way, a credit of those costs would be valid to apply against
assessments being levied by ordinance, Mr. McCann stated that he did not
have substantiating materials with regard to costs, ote . but would check with
the bank.
MOTION:
Councilman Whelan moved, seconded by Councilman Sweet, that Council approve
a credit be given to Mr.McCann on his assessment for the costs of installation
of the 82' of sewer line providing Mr. McCann can verify those costs to the City.
After considerable discussion with regard to other individuals with similar
situations, Council determined the matter should be investigated in greater detail.
MOTION:
Councilmam Sweet moved, seconded by Councilman Ackoriy, to table this matter
until additional information is provided to Council.
Motion passed unanimously,
C-4: Mr. William Hinrichs - RE: Resolution 77-27/ Amending Zoning Ordinance `
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Mr. Hinrichs, a developer and contractor, stated that he intended to build
multi -family units this summer and next summer and it was his understanding
that multi -family dwellings could not be built in rural a suburban areas? j
> City Attorney Williams advised that this was correct and the matter had been
turned over to the Borough whore a public hearing will be set for public input I
and comment. Mr. Hinrichs stated that he felt certain areas should be zoned
for multi -family units rather than just set a blanket zoning against such con-
struction. Councilwoman thick advised that the proposed amendment would still
allow multi -family units be built in these restricted areas with a variance -- this
would allow the people who would be affected to voice their opinion as to whether
i j or not the units should be built. Mayor Elson advised Mr. Hinrichs that he should
present testimony at the hearing set by the Borough for May 3rd , Mayor Elson
Also advised that hearings would be hold by the Kenai Boroiligh Planning a
Zoning Commission,
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• MINUTES OF 4-6-77 Page Five
C-5: Mr. Tru Mo4rady - 73-83 Assessments
Mr. McCrady came before Council to ask for their consideration with regard
to assessments on the 73-83 District as an adjustment had been made to
Mr. Tsehoepl who was in the exact situation as Mr. McCrady. Mr. Mcarady
stated he had received his assessment notice and noted that an adjustment had
not been made. Mr. Mcarady stated that he had voiced an objection at the
original public hearing in that he had been advised by City Administration that
Installation costs would be at a much lower rate than he was assessed. Mayor
Elson inquired if Mr. McCrady was aware of how many property owners were
involved with this particular situation. Mr. Mcdrady advised that five property
owners were involved. Mr. Wise advised that if Council granted Mr. Mcarady's
request, they would be waiving $689.37 of Mr. Mcdrady's assessment.
MOTION:
Councilman Sweet moved, seconded by Councilman Whelan that Council authorize
an adjustment of $680.37 to Mr. Tru Mcarady's assessment for 73-S3 District
and that Administration prepare a resolution confirming this adjustment for
presentation at the regular Council meeting of April 20, 1977.
Motion passed unanimously by roll call vote.
C-8: Crown Developers & Resolution No. 77-53
Mr. Kenneth R. Padgett, representing Crown Developers, came before Council
to request consideration for the City to defer payment on assessments due on
their lots located in Mommsen Subdivision and the adjoining 77 acres.
Mr. Padgett advised that in acquiring these lots, his corporation assumed the
liabilities of B.O.B. Corporation which were greater than his corporation had
anticipated. Therefore, they are unable to obtain clear title and are unable
to Boll the lots to bring all creditors current. Mr. Padgett requested that
Council defer assessments and that the 10% penalty not be applied through
August 30, 1077.
Mayor Elson read Resolution No. 77-53. "A resolution of the Council of the
City of Kenai, Alaska, providing for waiver of penalty and foreclosure action
relative to properties subject to water and sewer assessments owned by Crown
Developers. Whereas, Crown Developers have petitioned the Council by
letter dated March 30, 1977, and incorporated herein by reference for waiver
of penalty and foreclosure action on water and sewer assessment payments due
April 1, 1077, on their properties, and Whereas, such a waiver of penalty
and foreclosure action appears appropriate under the circumstances due to the
large number of parcels involved. Now, therefore, be it resolved by the
Council of the City of Kenai, that Crovin Developers are hereby granted a waiver
of penalty and foreclosure action until August 30, 1077. for all properties held
in their name as of January 1, 1977."
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MINUTES ON 4-6-77 Page Aix
MOTION: i
Councilman Whelan moved, seconded by Councilman Sweet, for adoption of
Resolution No. 77-53, providing for waiver of penalty and foreclosure action
relative to properties subject to water and sewer assessments owned by Crown
Developers.
Motion passed by roll call vote. Voting yes; Whelan, (flick, Sweet, Ackerly
and Elson. Voting no; Morgan.
D . MINUTES
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D-I: Minutes of the regular mooting of April 4, 1977
The minutes were approved as distributed.
E. CORRESPONDENCE
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E-b Rogers 0 Baldwin - Terminal Lease with Brian Peak
Mayor Elson acknowledged receipt of a letter received from the attorneys
representing Brian Pook and Mr. Wise requested that this matter be taken up
in an executive session immediately following the Council meeting.
Council so concurred.
E-2: Alcoholic Beverage Control Board - Oaken Keg #54
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Mayor Elson acknowledged receipt of a letter from the ARC Board in which ,
they advise they will review the matter of the City's protest of issuance of
beverage dispensary license to Oaken Keg 054. Clerk Sue Peter advised
that she had talked with ABC Board Director, Linda Brown, and Mrs. Rrown
stated that the Governor's office had been contacted and a hearing judge
would be appointed by the Governor to preside over the hearing.
E-3: Representative Malone
Representative Malone wrote the City advising that HB 110 passed the House J
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and was now in the Senate.
E-4: Conference of Mayors
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Mayor Elson advised he had received notification of the Conference of Mayors
meeting to be held in Portland in May and was hopeful of attending.
F. OLD BUSINESS
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i F-1: ordinance 333-77 - Special Deferred Assessments/Parsons Property
Mayor Elson read Ordinance No. 333-77 by title only. "An ordinance of
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MINUTES OF 4-6-77
Page Seven
the Council of the City of Kenai, Alaska, providing for a special exception
to Ordinance No. 314-76, relating to special deferred assessments -
water and sower/Parsons Property."
City Manager Wise advised Council that Mr. Parsons had come into the City
and paid the principal on the deferred assessment but no interest or penalty
was paid.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, for introduction of
Ordinance No. 333-77 providing for a special exception to Ordinance No. 314-76
relating to special deferred assessments, water and sower.
MOTION:
Councilman Sweet moved, seconded by Councilwoman Glick, to amend the
ordinance, Section 2, to state to pay interest but not penalty.
Motion passed by roll call vote. Voting yes; Whelan, Glick, Sweet and Elson.
Voting no; Morgan and Ackerly.
MOTION:
Councilman Morgan moved, seconded by Councilwoman Glick, to amend the
second Whereas to conform with all references in the ordinance to
Hedley and Ruth Parsons and not the Parsons family.
Motion passed unanimously by roll call vote.
QUESTION -AMAIN MOTION AS AMENDED
Motion passed unanimously by roll call vote.
F-2: Resolution No. 77-29 - Refunds to Certain Property Owners in 1073
Assessment District
Mayor Elson read Resolution No. 77-20 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".
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, for
adoption of Resolution No. 77-20, authorizing refunds to certain property
owners in the 1073 Assessment Districts.
Motion passed unanimously by roll call vote.
F-3: Sale of FAA SuUdina #107
Mayor Elson opened the meeting to the public for bidding on FAA Building
#107 with a minimum opening bid of $7, 500.
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MINUTES OF 4-0-77 PnKo fight
FAA building 0107 was bold to the Hole bidder, Mr, Quindell Queen, for $7,500.
Mr. Queen inquired as to a clarification of removal of building from site
and was advised by City Attorney Williams it would be 90 days from date
of vacation by the present occupant,
O. NEW BUSINESS
0-1: Bills to be paid - bills to be ratified
MOTION:
Councilman Whelan moved, seconded by Councilman Sweet, for approval
of bills to be paid and bills to be ratified as submitted by Finance dated
April 0, 1077.
Motion passed unanimously by roll call vote,
0-2: Ordinance No. 334-77 -
Mayor Elson road Ordinance No, 334-77 by title only, "An ordinance of
the Council of the City of Kenai, Alaska, providing that the question of
dedicating certain bond funds to the construction of water and sower improve-
' ' meets be submitted to the qualified voters of the City of Kenai."
The purpose of the ordinance is so that the City may transfer $334,583 of
the remaining proceeds of the 1074 Advance Refunded General Obligation ;
Bonds of the City of Kenai to Water and Sewer System Improvements for
for major capital improvements to the water supply and distribution system
and the sanitary system of the City so advised Mayor Olson.
Finance Director, Ross Kinney, advised that the amount under consideration
also reflected $00,000+ being reserved for the Filler case
MOTION:
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Councilman Whelan moved, seconded by Councilwoman Glick, for introduction
of Ordinance No. $34-77, providing that the question of dedicating certain
bond funds to the construction of water and sower improvements be sub-
mitted to the qualified voters of the City of Kenai.
Motion passed by roll call vote, Voting yes; Whelan, Morgan, gliek,
Sweet, and Elson. Voting no; Ackerly.
a-3: Ordinance 335-77 -
,� Mayor Elson read Ordinance No, 335-77 by title only, "An ordinance of
• MINUTES OF 4-0-77
Page Nines
the Council of the City of Kenai authorizing a land sale of tax and assess-
ment foreclosure properties."
MOTION;
Councilman Morgan moved, seconded by Councilwoman Glick, for introduction
of Ordinance No. 335-77, authorizing a land sale of tax and assessment
foreclosure properties.
Motion passed unanimously by roll call vote.
G-4s Resolution No. 77-45 - Transfer of Funds/Senior Citizen Nutrition Program
Mayor Elson read Resolution No. 77-45, "Be it resolved by the Council of
the City of Kenai, Alaska, that the following transfer of monies be made
- within the 1076-77 Special Revenue Fund budget. From: Senior Citizens
Nutrition Program, Professional Services $2,700 To: Senior Citizens
Nutrition Program, Equipment - $2, 700. The purpose of this resolution
is to transfer funds within the Nutrition Department for the purchase of a
commercial refrigerator ($1,310), a meal warmor "hot box" ($240), commercial
deep pot Rinks ($520), and for the construction of a pantry close to the
kitchen at Fort Kenay ($630) for the purpose of storing case goods and other
foods and related paper products for the operation of the Nutrition Program."
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for adoption
of Resolution No. 77-45, Transfer of funds/Senior Citizens Nutrition Program.
_— Motion passed by roll call vote. Voting yes; Whelan, Morgan, Glick,
Ackerly and Bison. Voting no; Sweet.
G-5s Resolution No. 77-46 - Transfer of Funds/Special Election
Mayor Bison read Resolution No. 77-46. "Be it resolved by the Council
of the City of Kenai, Alaska, that the following transfer of monies be
made within the 1070-77 General Fund Budget. From: Communications -
Salaries a Wages - $ (2, 000) . To: Legislative - Advertising $600, Printing 5
Binding $500, Professional Services $1,000. The purpose of this resolution
is to transfer funds within the 1076-77 General Fund Budget in order to fund
' the Special Election to be hold May 17, 1977, per Ordinance No. 328-77."
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MOTION:
1 Ij Councilman Morgan moved, seconded by Councilman Sweet, for adoption of
_ Resolution No. 77-40, Transfer of Funds/Special Election.
Motion passed unanimously by roll call vote.
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G-6: Resolution No, 77-47 - Ratifyix Purchase a Installation of Water Pump
Mayor Elson road Resolution No, 77-47 by title only. "A resolution of the
Council of the City of Kenai, Alaska, ratifying the telephone poll for the purchase
and installation of a water pump in connection with Kenai Water Project No.
07-01-01684."
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, for adoption of
Resolution No. 77-47, ratifying purchase and installation of water pump.
Motion failed by roll call vote. Voting no; Whelan, chick, Ackorly. Voting yes;
Morgan, Sweet and Elson.
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, for adoption of
Resolution No. 77-47, with an amendment to include "The pump shall herein
remain the property of the City of Kenai".
Motion passed by roll call vote. Voting yes; Whelan, Morgan, Aekerly and
Elson. Voting no; Glick and Sweet.
Councilman Sweet requested that on all future items of this nature, Council
approval must be given prior to purchase.
G-7: Resolution No. 77-48 - Ratifying Payment of $5, 000 to Hutchings Sales a Service
Mayor Elson read Resolution No. 77-48 by title only, "A resolution of the
Council of the City of Kenai, Alaska, ratifying the telephone poll for the payment
Of $6,000 to Hutchings Sales a Service for a police patrol car."
MOITON:
Councilwoman Glick moved, seconded by Councilman Morgan, for adoption of
Resolution No. 77-48, ratifying payment of $5,000 to Hutchings Sales a Service,
Motion passed unanimously by roll call vote.
0-8: Resolution No. 77-49 - Transfer of Funds/Kenai Water Project, Change Order 7-IN
Mayor Elson read Resolution No. 77-49, "Be it resolved by the Council of the
City of Kenai, Alaska, that the following transfer of monies be made within
the Capital projects Fund entitled "Kenai Water Project No, 07-01-01694 as
established by Ordinance No. 322-70, From: Kenai Water Project No. 07-01-01094
Contingency - ($2,000) To: Kenai Water Project No. 07-01-01084 Construction -
$2,000. The purpose of this Change Order is to eliminate sand lack conditions
between casings and prevent any further sand locking between the casings."
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Councilman Morgan inquired if the City Attorney felt the City wan liable for
this billing. City Attorney Williams advised that Administration has represented
that it is not in the contract. Councilman Morgan stated that he felt it was a
risk factor and the costs should be borne by the contractor.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, to table item 0-8.
Resolution No. 77-49, transfer of funds/Kenai Water Project 07-01-01684,
Change Order 7-IN until such time the City Attorney has reviewed the matter.
Motion passed unanimoosly by roll call vote.
0-9: Resolution No. 77-60 - Transfer of Funds/Airport Terminal Manager Budget
Mayor Elson read Resolution No. 77-50. "Be it resolved by the Council of the
City of Kenai, Alaska, that the following transfer of monies be made within the
the 1970-77 Airport Terminal Manager Budget. From: Airport Terminal Manager -
Professional Services ($900) To: Airport Terminal Manager - Repair and
Maintenance Supplies $800. The purpose of this resolution is to transfer funds
within the airport Terminal Manager Budget for the purchase of paint and
supplies to be used to paint a mural on the terminal building."
MOTION:
Councilman Ackerly moved, seconded by Councilman Sweet, for adoption of
Resolution No. 77-50, transfer of funds/Airport Terminal Manager Budget in the
amount of $800.
Finance Director, Ross Kinney, stated he wished to be on record in opposition
of this resolution as the Airport Fund to in a deficit position of $100, 000
as of June 30, 1070.
Motion passed unanimously by roll call vote.
0-10: Resolution No. 77-51 - Transfer of Funds/Kenai Community Library Buditet
Mayor Elson read Resolution No. 77-61. "Be it resolved by the Council of the
City of Kenai, Alaska, that the following transfer of monies be made within
the 1978-77 General Fund Budget. From: Library - Operating Supplies ($200) .
To: Library - Office Supplies - $200. The purpose of this resolution to to
transfer funds within the Library Budget for the purchase of catalog cards."
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, for adoption of
Resolution No. 77-51, transfer of funds/Kenai Community Library Budget in the
amount of $200.
Motion passed unanimously by roil call vote.
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0-11: Resolution No. 77-52 - Transfer of Funds/City Manaeer's Budeet
Mayor Elson read Resolution No. 77-52. "Be it resolved by the Council of the
City of Kenai, Alaska, that the following transfer of monies be made within the
1976-77 General Fund Budget. From: City Manager - Transportation - $ (250) .
To: City Manager - Miscellaneous - $250. The purpose of this resolution is to
transfer funds within the City Manager's Budget to purchase training materials
from the International City Management Training Program."
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for adoption of
Resolution No. 77-52, transfer of funds/City Manager's Budget in the amount
of $250.
Motion passed unanimously by roll call vote.
0-12: Awarding of Bid - Kenai Municipal Airport Janitorial Contract
Mr. Wise advised that the janitorial bids were opened on Monday, April 4th
at 2:00 p.m. Also, Mr. Wise advised that the present contractor had notified
the City that they would terminate service April 15, 1977 and Mr. Wise requested
Council authorization to enter into an interim agreement with the low bidder.
Administration recommended acceptance of low bid from Tim's Janitorial for
a yearly bid of $19, 634.40, monthly - $1, 636.20 and cost per square foot per
month - $ .1818.
With Council concurrence, Mayor Elson allowed comments from Mr. Tom Harvey,
representing ServiceMaster, Inc., also a bidder on the janitorial service.
Mr. Harvey expressed concern over the ambiguities within the specifications
and also that Mr. Harvey felt the airport terminal building was very poorly
kept up. Mr. Harvey suggested that Council request some recommendations of
work being performed before letting the contract.
Councilman Sweet agreed with Mr. Harvey in that the terminal was very poorly
maintained. Councilman Morgan also agreed with the deficit condition of the
terminal building, however, it was his feeling that the City would have to accept
the lowest bid,
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, that the City
award the janitorial contract for service to the Airport Terminal Building
to Tim's Janitorial for a cost of $19,634,40/year, $1,636.20/month and
at $ .1818/per square foot per month.
Motion passed by roll call vote. Voting yes; Whelan, Morgan, Glick, Sweet and
Elson. "oting no; Ackerly.
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MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, to authorize the
City Manager to negotiate a contract for the remainder of this fisnal year within
the confines of the budgeted amount for janitorial service to the Airport
Terminal Building to Tim's Janitorial Service.
Motion passed unanimously by roll call vote.
0-13: Sublease of Lot 8 Block 3, Cook Inlet Industrial Air Park
Administration recommended approval of sublease of a portion of Lot 8, Block 3,
Cook Inlet Industrial Air Park from Max Swearingen, Patrick M. O'Connell and
Shirley L. Morgan to Sea -Land Freight Service, Inc. for a period of one year
at an annual rental of $1, 200 .
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for approval of
sublease of a portion of Lot 8, Block 3, Cook Inlet Industrial Air Park from
Max Swearingen, Patrick M. O'Connell and Shirley L. Morgan to Sea -Land Freight
Service, Inc.
Motion passed unanimously by roll call vote with Councilman Morgan abstaining
from voting because of personal reasons.
0-14; Assignment of Lease - Lot 8, Block 3, Cook Inlet Industrial Air Park
Administration recommended approval of assignment of lease of Lot 8, Block 3,
Cook Inlet Industrial Air Park from City of Kenai to the State of Alaska
for purposes of collateral.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for approval of
assignment of lease of lot 8, block 3, Cook Inlet Industrial Air Park between
the City of Kenai and the State of Alaska for purposes of collateral security.
Motion passed unanimously by roll call vote with Councilman Morgan abstaining.
H. REPORTS
H-1: City Manager's Report
City Manager's Report 814 attached herewith and hereby becomes an official
part of the transcript of the proceedings of this meeting.
(a) Jail facility - Mr. Wise reported that a proposed budget was prepared and
ready for submittal to the State. After considerable Council discussion with regard
to the possibility of using communications personnel in a dual capacity, the
following action was taken.
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MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, that the City submit
the letter of proposal as prepared by the City Manager and the Chief of Police
along with an additional letter of proposal for the same activities but sharing
the duties and the costs of the communication personnel in a dual capacity.
Motion failed by tie vote. Voting no; Whelan, Ackerly and Elson. Voting yes;
Morgan, Glick and Sweet.
(b) Mr. Wise advised that he would submit two ordinances at the next meeting
for funds to provide engineering services for roads and trails projects and
water/sewer projects.
(a) A letter has been written to Kenai Native Association with regard to the ROW
and dedication of the Wildwood extension road.
(d) The City will initiate foreclosure proceedings as soon as possible.
(e) Personnel Ordinance -- will be introduced at the Council meeting of 4-20-77
and at which time a hearing will be not as to whether or not City employees
should be allowed to reside outside the City of Kenai.
MAYOR s COUNCIL -QUESTIONS & COMMENTS
Councilman Whelan asked what was the status of the letter received from
Gallery of Homes? Finance Director Kinney advised that Mr. Nugent wants to
transfer assessments from one lot to another. Mr. Kinney has requested
that Mr. Nugent write a letter to the City outlining exactly how he wants to re-
allocate assessments from one lot to another.
Councilman Ackerly questioned the upcoming recreation program and the status
of same. Mr. Wise stated that there were only funds available for the first
two weeks of the program and would like to wait before setting up the program
to see the outcome of the budget situation.
Councilman Ackerly asked what the possibility would be of using airport funds
to pave the parking area and circle through the airport. Mr. Wise advised
there were some monies in the bond funds specified for paving and Administration
is researching the matter.
H-2: City Attorney's Report
City Attorney Williams recapped the activities with regard to the PEP Suit and
advised Council that the State was ready to settle for $3, 000 .
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Page Fifteen
Mayor Elson road Resolution No.77-54 by title only. "A resolution of the
Council of the City of Kenai, Alaska, authorizing settlement of the PEP suit
with the State of Alaska for $3,000."
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, for adoption of
Resolution No. 77-54, authorizing settlement of the PEP suit with tho State of
Alaska for $3,000.
Motion passed unanimously by roll call vote with Councilman Sweet not present
at time of voting.
Mayor Elson read Resolution No. 77-55. "He it resolved by the Council of the
City of Komi, Alaska, that the following transfers of monies be made within
the 1976-77 General Fund Budget. from: Police Department - Salaries ($3,000)
To: Non -Departmental - Miscellaneous - $3,000. The purpose of this resolution
is to transfer funds for the settlement of State of Alaska v. City of Kenai,
Civil Action No. 70-15048-I in the amount of $3,000.11
MOTION:
Councilman Whelan moved, seconded by Councilwoman (flick, for adoption of
Resolution No. 77-55 transferring monies within the 1976-77 General Fund Budget
for the settlement of State of Alaska v. City of Kenai, Civil Action No. 76-15048-1
in the amount of $3, 000.
Motion passed unanimously by roll call vote.
(b) City Attorney Williams advised that the City of Kenai may be required to expend
$5,000 for violations in the Sower Treatment Plant. Administration was in contact
with EPA and working on the matter.
H-3: Mayor's Report
Mayor Elson reported on the court billing from the State court system to the
City in the amount of $20, 000. The matter of communities receiving billings
from the State, is before the Legislature, however, Mayor Elson was advised
that an appropriation bill would be necessary to refund monies to communities
that have paid. Also, revenue sharing will most likely be 100% funded.
H-4: City Clerk's Report
Clerk Sue Peter requested that those members of Council who have not done so,
to please submit their financial disclosure statements to her no later than April 15th.
H-5: Finance Director's Report
Finance Director Kinney advised that he will have four proposals for the annual
audit to present to Council at their next meeting.
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H-6: Planning a Zoning Commission's Report
Councilwoman (flick reported that at the meeting of March 23rd. the Commission
reviewed four s/d plats and approved the lease application submitted by John
Williams. Also, the Commission reviewed a proposed development plan for that
area known as the old NC facility in Shadura Subdivision.
H-7: Borough Assembly's Report
Mayor Elson reported that among the items discussed at the Assembly meeting,
of particular interest to Kenai was the approval of Ord. 77-10, making a
supplemental appropriation from unappropriated funds to the Planning Department
of $30,000 for matching EDA Title IX Planning Funds and $16,000 for matching
OCS-Coastal Zone Management Grant funds. Also, the Assembly selected
Arthur Young as the auditor for the annual audit. Passed for introduction was
Ord. 77-18, amending Kenai Municipal District Zoning Code Chapter 21.76, Kenai
Peninsula Borough Code of Ordinances.
ADDITIONAL NEW BUSINESS BROUGHT BEFORE THE COUNCIL
Mr. Wise advised Council that action was necessary with regard to Change
Order 6-IN, Interstate Construction Company in the amount of $24, 000 on the
Kenai Water Project No. 07-01-01684, This Change Ardor was to allow for
additional 48 hours of development time and an additional 48 hours for toot pump
time.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for approval of
Change Order 6-IN, interstate Construction, in the amount of $24,090 on Kenai
Water Project No. 07-01-01684.
Motion failed by do vote. Voting no; Morgan, Glick and Sweet, Voting yes;
Whelan, Ackerly and Elson .
Councilman Whelan asked Public Works Director Aber if he felt if both development
and test pumping were essential? Mr. Aber stated he felt both were vitally
needed, however, either would be beneficial.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, for approval
of Change Order 6-IN for an additional 48 hours only.
Motion failed by tie vote. voting no; Morgan, Glick and Sweet, Voting yes;
Whelan, Ackerly and Elson.
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I. PERSONS PRESENT NOT SCHEDULED TO HE IIBARD
I-1: Mrs. Ruby Coyle
Mrs. Coyle stated she felt it might be advantageous to use roads and trails
monios to fill holes in the streets before City has a suit brought against it
for injuries sustained. Also, Mr. and Mrs. Coyle were involved in an accident
on the Kenai Spur and urged Council to recommend to the State Highway Department
to better maintain and sand the road to prevent further accidents.
ADJOURNMENT TO EXECUTIVE SESSION
MOTION:
Councilman Sweet moved, seconded by Councilman Whelan, that the Council
retire to other chambers for the purpose of discussing Kenai Terminal Enterprises
leave of terminal space.
Mayor Elson reconvened the meeting of the Kenai City Council at 12: SS p.m.
There being no further business to be brought before the Council, the meeting
adjourned at 1: 00 a.m.
Respectfully submitted,
o
ue C . Peter, City Clerk
CITY MANA(IYR'S REPORT- #14
ADMINISTRATION-VINANCA
1. Public Wearing - Ordinance 330-77
This is the public hearing on the Kenai water supply and watershed protection.
Again, this simply provides for mandatory notification to the City for any
application for water rights. As such, it gives us protection relative to the
requests for water rights, but does not make a tremendous burden on any
applicant.
2. Iiearing -Ordinance 331-77
This is the special revenue fund hearing entitled Airport Master Plan. This
establishes a revenue fund for the State and Federal shares of the Master Plan ,
and provides appropriate appropriations so that we may pay those bills ns
they come due.
S. Ordinance 332-77
Increasing estimated revenues appropriations for the airport land, this ordinance
provides for anticipating already received revenues and appropriating them
to cover repairs to the door of the warm atorage shed,
4. Persons Present/Ted Carson
Mr. Ted Carson will appear as 8 person scheduled to be heard; reference the
Rainbow Aar and drill, which the Council instructed the Administration to
file an objection to for renewal of the liquor license due to non-payment of
taxes.
S. Persons Present/Edward Garnett
Mr. Edward Garnett, representing Andy's Flying Service, will speak,
apparently, in reference to Council's denial of Andy's lease application.
Of interest, you may note that Mr. Udelhoven, representing the other lease,
has been in the office stating that he intends to withdraw his lease application
on that specific lot, However, we have not received that letter and therefore,
can only provide you with general information. Thoro is nothing, obviously,
Arm at this date.
S. Persons Present/Mr. Billie rl.2Cann
Mr, Billie McCann will appear as a person scheduled to be board. The
apparent reference is to the assessment district to protest, perhaps, his
individual assessment.
City Manger's Report a 014
April b, 1977
Page 2
7. Persons Presont/Mr. Hendricks
Mr, Pendricks, as a porson scheduled to be heard, will speak in reference
to the recent resolution by the Planning Commission and by the Council,
recommending zoning changes. It to my understanding that he will object
to barring development of duplexos, tri-plexes and so forthe and request
that action be taken to provide for this type of multi -family housing.
9, Persons Present/Mr. Grady
Mr. T. Grady has boon listed as a person scheduled to be heard. Again,
this is an assessment matter and will relate to the situation that we had during
the assessment hearings regarding Mr. Rill Chapel, and presumably, will ask
for the some relief.
9. Persons Present/Vern Padgett
Mr. Vern Padgett, representing Crown flovelopers, is a person scheduled to
be heard. This is in reference to a petition shown later as a resolution on
the agenda to waive penalty for special assessments on proporty hold by
J Crown Developers.
10. Kenai Terminal Enterprises
Refer here to correspondence from Mr. Baldwin, representing Brian Peak
of Kenai Terminal Enterprises, and i would propose that the matter be
discussed in executive session during the City Manager's Report.
11. Ordinance $33-77
This rotates to the Parson's petition for special exception relative to deferred
assessments on water and sower,
12. Resolution 77-29
This authorizes refunds to certain property owners in the 1073 assossment
district, which the Council tabled at the Administration's request. This is
again on the agenda and we recommend, at this time, that the resolution
be approved.
13. FAA Building #107 bale
This will be the sale of surplus property at public auction; i.e. the FAA
building #107, 47unwntly under lease to the American Legion.
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City Manager's Report -014
April 0, 1977
Rage 3
14. Ordinance 334-77
This is proposed by Councilman Whelan and relates to a referendum to be
hold at the next general election, providing for the transfer of those funds
dedicated to the Civic Cantor to the Water and Sewer System Improvement
Fund.
18. ordinance 336-77
This provides for a land sale of tax and assessment foreclosed property.
Three properties, which were not sold at the last tax sale, have been
rescheduled hero but at reduced prices. In addition, we have provided
for two properties which were foreclosed for assessments on the same sale
I am particularly interested in having these publicized at that time to encourage
current delinquent assessments to be paid.
10. Resolution 77-46
This provides for transfer of funds from professional services in the Renior
Citizens Nutritional Program to the equipment fund. This is to provide for
the purchase of a commercial refrigeration unit, a meal -warmer hot box
and commercial deep pot sinks. It should he noted that these are capital
improvements which will effect the Fort itself and therefore, will have lasting
value to the City.
17. Resolution 77-46
This is a resolution providing for transfer of funds from the Communication
Department to the Legislative Department to fund the special election authorized
by the Council at their last meeting.
18, Resolution 77-47
This is a resolution authorizing the installation of the water pump at the Ames
property to alleviate their immediate water situation.
10. Resolution 77-48
This provides for the confirmation of a telephone poll for payment of 55000.00
to Hutching Sales and Service for the recently arrived police car,
20. Resolution 77-49
This provides for transfer of funds from the Xenai Water Well Project
Contingency account to the construction account and authorizes the approval
of Change Order #7, which the Council was polled on and later briefed on
by the Director of Public works.
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City Manager's Report - 914
April 6, 1977
Page 4
21. Resolution 77-50
This is the request for the transfer of funds from within the Airport account
from Professional Services to Repair and Mnintenance to provide the funds for
the High School Mural Painting Project, which will start with a base coat
put on by contract and then the actual painting of the murals with the materials
furnished by the City.
22. Resolution 77-51
This is the resolution authorizing transfer of monies from Library Operating
Supplies to Library Office Supplies to provide funds for the purchase of catalog
cards.
23. Resolution 77-52
This authorizes the transfer of funds from the City Manager Transportation
Account to the City Manager Miscellaneous Account. These funds are to be used
to obtain training materials, which I was briefed on at the Alaska Municipal
City Manager's Association conference in .Juneau. It appears to be a very
viable training program and I. therefore, request that the funds be transferred
so that I can start this program within the City.
24. Resolution 77-53
This is the resolution prepared at the request of the Crown nevelopers, Mr.
Padgett, who will have spoken earlier as a person scheduled to be heard,
will reiterate their request for waiver of penalty in foreclosure action for a
period of approximately five (5) months. The resolution has been prepared,
so that the Council can take action if they so desire.
25. Outer Continental Shelf Meetings
There will be a meeting in Anchorage on April I2-13 on Outer Continental
Shelf, with representatives from the State and Federal governments. I
plan to attend these meetings, in that they will be discussing a review of
the inter -state allocation processes, which is the method from which planning
and development funds will be allocated to the various communities in the State.
26. Detention Facility
The Chief of Police, at my request, is proceeding with a budget for a detention
facility which, I understand, has the support of not only local legal officials,
but also is being supported at the State level, This budget should be prepared
within the next two or three weeks and available for the Council shortly thereafter.
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City Manager's Report - #14
April 8, 1977
Page S
27. Kenai Baptist Temple I
I have requested the City attorney to reapply to the courts for a bend to be
posted by the Kenai Baptist Temple. Ply rationale, in making this request,
Is that they apparently have a contract for sale of that particular building,
which has been the source of contention between the Rity and the Temple.
Since the sale is in the process of being consummated, we should try to ;
post with the Court those funds which we may reasonably expect to be
due the City as a result of that legal action.
28. Lease Renegotiations
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j At this time, we are sending out letters to all leaseholders whose leases
are subject to renegotiation as of July 1, 1977, informing them of our intent
to reappraise those properties. Concurrently, we have sent letters out to i
the appraisers on the Peninsula askinC for costs estimates of conducting this
job. Presumably, we will have these appraisals started in the near future. '
29. FAA Land Development I '
At this time, i have drafted a letter to send to all the prospective developers, 4 '�
banks and retail stores, relative to the 28 acres which lie between Kessal Spur, t ,'
Walker Land and Beaver Loop Road, asking for their interests in the property.
Hopefully we will have some major developers respond. �I
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