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HomeMy WebLinkAbout1977-06-01 Council Minutess� W AGENDA RP,GULAR MEETING - KE.NAi CITY COtINCIL JUNE. I, 1077 - 0:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE. OF ALLEGIANCE. A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ord. 337.77 - Establishing Working Capital Reserve a Reserve for Capital Improve. 2, Ord. 339-77 - Dedicating Certain Bond Funds to Various Projects 3, Ord, $39-77 - Repealing Ord. 99-99 • Rescinding Ards. 132-69 a 213-73 4. Ord. 241-77 - Special Revenue Fund "Capital Improvement Fund" 6. 6, C. PERSONS PRESENT SCHEDULEif TO BE HEARD I • Mr. Paul Vadsn - Airport Cafe and Bar - "slow 2. D. MINUTP.d 1. Minutes of the Regular Meeting of May 19, 1977 E. CORRESPONDENCE I • National League of Cities 2. S. 4, 6. F. OLD BUSINESS 1. 2. O. NEW BUSINESS 1, BIN;; :o be pall - bills to be ratified 2. Ordinance No, 330-77(A) - Clsssiflastion Plan and Pay Plan 2, Ordinance No, 34247 - Establishing Working Capital Reserve in General Fund 4. Ordinaries No, 343.77 - flatting Fees for Water/Rower Connection a kxtenslon Insp. S. Ordinance Me. 244-77 - getting Rules for Use of City Parks 6. Ordinsncs No. 340-77 - Purchase of a ltign Raking *rachine 7. Ordinance No. U11-77 - Increasing Revenues/Appranrirtions - Library Books G, Resolution 77-71 - Transfer of Funds -'Water and $*war Fund Budget 9, Resolution 77-72 - Transfer of Funds - Rnnar4l Fund Rutiget/Police a Fire 10, Resolution 77-13 - Transfer of Funds - Legsl Department U. Resolution 77-74 - Transfer of Funds - gr, Citizen Nutrition Pnogsetn 12, Resolution 77-75 - Honing Fees for Xerox Copies IS, Resolution 77-" - Retaining consulting engineering firm - vartous City projects 14. Resolution 77-77 - Declaring certain property surplus for public auction 15, Resolution 77-79 - Requesting setts*@ by FAA of certain Airport lands � IS. Resolution 77-79 - Transfer of Funds - Kenai Water Project 07-01-0IM 17, Resolution 77-90 - Abatement of Publir. Nuisances 19, Payment to Consulting firm - Kenai Airport }tastes Plan 19, Discussion - Lease of City flask a AMseent /.aMs 22t0. Assignment of Lease - K, 1).iVtacberss to C. 1, Crabsugh N, REfORTtihdi0n No. 77-01 - Ratifleation of Poll/Tvanster of Funds - EDA Water Project 1. City manager'$ Report $is 2. City Attorney's Report S. Miyorts Report 4. City Cleft's Report s. Pbumo Director's Report d, Kenai Planning a Zoning Commission's Report I. Ke1181 Peninsula Borough Assembly's Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT ., ,q lI s� 1 ... "P 1 KENAI CITY COUNCII. - REGULAR MEETING JUNE 1, 1977 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING , PLEDGE OF ALLFGIANCE A. ROLL CALL Present: Edward Ambarian, Richard Morgan, Tam Aekerly, Dan Whelan, Betty Glick and James Elson . Absent: Walter Sweet AGENDA APPROVAL: The following items were approved for addition to the agenda: 0-20 - Assignment of Lease - Konstantinos I). Macheras to Charles J. and Roberta J. Crabaugh G-21 - Resolution No. 77-81 - Ratification of Telephone Poll/FDA Water Project No.07-01-01884. The following was deleted from the agenda: C-1: Mr. Paul Vaden - Airport Cafe and }tar B . PUBLIC HEARINGS B-1: Ordinance No. 237-77 - Patahliahinn Wn»bind t+n.,lsn, n..�........ ._ Mayor Elson read Ordinance No. 337-77, as amended, by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai establishing a reserve for Capital Improvements in the General Fund to be funded by the 1% consumer sales tax levied in October, 1975." Mayor Elson opened the hearing to the public. There was no public input. ' MOTION: Councilman Ambarian moved, seconded by Councilwoman Olick,for adiption ! of Ordinance No. 337-77, establishing a reserve for capital improvements in the ft General Fund to be funded by the IS consumer sales tax levied in October, 1975. Y 9 _ MOTION, AMENDMENT Councilman Morgan moved, seconded by Councilman Ambarion, for amendment to the ordinance as follows: Section 2(b), third line, second sentence to '<. read as follows: "Appropriations dedicated in the section for any purpose other than as provided in this section may be made only by ordinance and only after opportunity for public hearing on such other purpose has been afforded " and five members of the Council have voted......... it r t KENAI CITY COUNCIL, REGULAR MEETING, .TuNy 1, 1977 pace 2 � 1 QUESTION Motion as amended, passed unanimously by roll call vote. QUESTION - MAIN MOTION Passed unanimously by roll call vote. B-2: Ordinance No. 338-77 - Dedicating Certain Bond Funds to Various Projects Mayor Elson read Ordinance No. 338-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai providing that the question of dedicating certain bond funds to the construction of streets, recreational facilities and to the purchase of replacement capital operating equipment, be submitted to the qualified voters of the City of Kenai". R Mr. Wise advised that Administration had prepared three varying versions of the ordinance for Council consideration -- number 2 version included water and sewer improvements, street improvements and recreational facilities while version 3 included street improvements and recreational facilities only. Mayor Elson opened the hearing to the public. There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of Ordinance 338-77 (version ill) providing that the question of dedicating certain bond funds to the construction of streets, recreational facilities and to the purchase of replacement capital operating equipment, be submitted to the qualified voters of the City of Kenai. Councilman Morgan stated he felt that the City might be found in non-compliance if the bond monies were to be used to purchase capital operating equipment. Councilman Morgan further commented that if the revenue sharing funds could be used in the purchase of equipment, he would be opposed to the inclusion of the purchase of replacement capital operating equipment in the up -coming bond issue. ` MOTION: Councilman Ambarian moved, seconded by Councilman Aekerly, to emend the main motion to use of version 0, providing that the question of dedicating certain bond funds to the construction of streets and recreational facilities be submitted to the qualified voters of the City of Kenai and that the following amounts be - included on the ballot: $280,000 Street improvements and $50,000 to recreational facilities, k- ■ r , KENAI CITY COUNCIL, REGULAR MHETINU, JUNE 1, 1977 Page 3 Councilman Morgan stated that he felt that as the original bond issue passed for a Civic Cantor for the entire community and, therefore, use of the funds for street improvements would not benefit those residents in the subdivisions who have already paid for their streets, ote, tTherafore, Councilman Morgan stated he wished to sea the monies restricted for streets to be used where they would serve all the people -- such as the business area. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, to amend the motion further to limit the street improvements to the areas within the central business district. Passed unanimously by roll call vote, QUESTION - AMENDMENT - VERSION #3 Passed unanimously by roil call vote. QUESTION - MAIN AS AMENDED , Passed unanimously by roll call vote. rj B-3: Ordinance No. 339-77 - Repealing Ord. 99-66 is Reseindins Ords. 132-68 & 213-73 Mayor Elson read Ordinance 339-77 by title only, "An ordinance of the Council of the City of Kenai repealing Ordinances 132-68 and 213-73 and amending Ordinance 99-86 and establishing the Airport Terminal Fund and the Airport Land Fund." Mr, Wise explained that the City presently has three funds in which to operate . the Kenai Municipal Airport and Administration proposes that two funds be established: the non -operating Airport Land System hereinafter called the "Airport Land System" and the Airport Terminal Facilities System hereinafter called "Terminal System". Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for adoption of Ordinance No. $39-77, repealing Ordinances 132-68 and 213-73 and amending ! Ordinance 99-86 and establishing the Airport Terminal Fund and the Airport Land Fund, MOTION: Councilman Morgan moved, seconded by Councilman Whelan, to amend the motion by deleting all references to "non -operating" contained within the ordinance, 3'. KENAI CITY COUNCIL, REGULAR MEETING, JUNE 1, 1977 fake 4 Motion passed unanimously by roll call vote, MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, to table Ordinance No. $39-77 until such time written notification has boon received from the Federal Aviation Administration of their concurrence with the intent of the ordinance, Motion passed by roll call vote. Voting yeas Ambarian, Morgan, Glick and Olson. Voting no; Ackorly and Whelan Finance Director Ross Kinney advised Council that if the matter wore postponed of setting up the airport funds, it would be necessary to make an adjustment in the proposed budget. Mr. Kinney further stated that the General Fund would have to increase its contribution. MOTIONS Councilman Morgan moved, seconded by Councilman Whelan, to bring the matter of Ordinance 339-77 off the table. Motion passed unanimously, MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, to amend the ordinance (as amended) that the ordinance will not become effective until such time written notification/approval from the FAA has been received, Councilman Whelan stated he would like to see the ordinance passed at this meeting and if problems arise in receiving notification from the FAA, the ordinance could be repealed at the Council meeting scheduled for June 15th, City Attorney Williams advised that she had hold discussions with representatives from the FAA earlier in the day and verbal approval of the intent of the ordinance had been given and written approval would be forthcoming in a few days. QUESTION: Motion failed unanimously by roll call vote QUESTION - MAIN MOTION Passed unanimously by roll call vote. f r , ,It- otf., . ....". -, .. •., " KENAI CITY COUNCIL, RUGULAR MEET INO , JUNE 1, 1977 rage S I I11-4: Ordinance No. 341-77 - Special Revenue Fund "Capital Improvement Fund" Mayor Bison read Ordinance No. 341-77 by title only, "An ordinance of the Council of the City of Kenai, Alaska establishing a special revenue fund entitled "Capital Improvement Fund" and dedicating proceeds of land sales to such fund." Mayor Bison opened the hearing to the public, There was no public input. MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 341-77, establishing a special revenue fund entitled "Capital Improve- ment Fund" and dedicating proceeds of land sales to such fund. Mayor Bison stated that he proposed this ordinance in that monies dorived from sale of lands should be used for construction of permanent capital improvements (buildings, ate.) Councilman Morgan stated he was opposed in that it was his personal feeling that on taxforeelosed, etc, properties acquired by the City, the City should immediately sell the properties and get them back on the tax rolls as well as give excess funds derived from the sale of the lands back to the original owners, Mr. Wise advised that there was a bill presently before the Governor to be signed with regard to the matter of refunding a portion of the funds back to the original owners., 0 MOTION, Councilman Morgan moved, seconded by Councilman Whelan, to table Ordinance No. 341-77 until such time the status of the bill has been determined by Administration. Motion passed unanimously. C. PERSONS PRESENT SCHEDULED TO BE HEARD None D, MINUTES D-I: Minutes of the Regular Meeting of May 18, 1977 The minutes were approved as distributed. E. CORRESPONDENCE E-I; National Leagues of Cities - Mayor Elson read a letter received from the National Leagues of Cities outlining the proposed activities for 1977. P, OLD BUSINESS None KENAI CITY COUNCIL, REGULAR MEETING, JUNE 1, 1077 Pate 6 G . NEW BUSINESS G-1: Bills to be paid - bills to be ratified Administration requested that the item to Nixon/Farr be deleted as it appears as a separate agenda item. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of those items listed for disbursement with the exception of the payment to Nixon/Farr and approval of those items listed for ratification. Motion passed unanimously by roll call vote. G-2: Ordinance No. 338-77(A) - Classification Plan and Pay Plan Mayor Elson read Ordinance No. 338-77(A) by title only. "An ordinance of the Council of the City of Kenai amending the Personnel Regulations of the City of Kenai by adding thereto a Classification Plan and a Pay Plan." Administration advised that the salaries for the City Manager, City Attorney and City Clerk would be determined by Council and inserted into the ordinance accordingly. MOTION: Councilman Morgan moved, seconded by Councilman Ambarion, for introduction of Ordinance 336-77 (A) amending the Personnel Regulations of the City of Kenai by adding thereto a classification plan and a pay plan. Motion passed unanimously by roll call vote. G-3: Ordinance No. 342-77 - Establishing Working Capital Reserve in General Fund Mayor Elson read Ordinance 342-77 by title only. "An ordinance of the Council of the City of Kenai establishing a working capital reserve in the General Fund." MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for introduction of Ordinance No. 342-77 establishing a working capital reserve in the General Fund. Motion passed unanimously by roll call vote. kid i KENAI CITY COUNCIL, REGULAR MEETING, dUNR 1, 1977 Page 7 " 0-4: Ordinance No. 343-77 - Bettina Pees for Water Sewer Connection & Extension Ins Mayor Elson read Ordinance No. 343-77 by title only. "An ordinance of the Council of the City of Kenai setting fees for inspection of water and sewer connections and extensions and amending certain other sections of the Code of the City of Kenai." MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, for introduction of Ordinance No. 343-77 setting fees for Water/Sewer Connection and Extension inspections. Councilman Ambarian stated that he felt the fees set forth in the proposed ordinance were too high -- could possibly be $28/hour plus $10 administration fee or something of that nature, Also, Councilman Ambarian stated there were no provisions for inspection time set at the request of the City. Councilman Whelan agreed with the concept as presented by Councilman Ambarian and stated that he felt if the City set the time of inspection, there should be an adjustment in the fee charged to the contractor. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, to amend the motion to make provisions that the contractor to not charged premium when the City sets inspection time for after normal working hours and other such fees to be set as follows: during normal working hours (8 a.m, to 4:30 p.m.) contractor to be charged $10 for first 1-1/2 hour and $20/hour thereafter. All after hours inspections (after 4:30 p.m. and before 8:00 a.m.) shall be $35/hour unless such after hours inspection time is set by the Public Works Director or his designated representative. QUESTION: Motion passed unanimously by roll call vote. QUESTION - MAIN, AS AMENDED Passed unanimously by roll call vote. Q-S: Ordinance No, 344-77 - Setting Rules for Use of City Parks Mayor Elson read Ordinance No, 344-77 by title only. "An ordinance of the Council of the City of Kenai setting rules for use of Cfty Parks," MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for introduction of Ordinance No. 344-77, setting rules for use of City parks. Motion passed b roll call vote. Voting B Yam: Morgan, Aekerly, Whelan. Cilfek and Elson. Voting no; Ambarian. r. r --1 KENAI CITY COUNCIL, REGULAR MEETING, JUNE 1, 1977 Page 8 0-6: Ordinance No. 345-77 - Purchase of a Sian baking machine Mayor Elson read Ordinance No. 345-77 by title only, "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations in the General Fund in the amount of $3, 325 for the purpose of purchasing a sign baking machine." MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for introduction of Ordinance No. 345-77, increasing estimated revenues and appropriations in the General Fund in the amount of $3, 325 for the purpose of purchasing a sign baking machine. Motion passed unanimously by roll call vote. G-7: Ordinance No. 346-77 - Increasing Revenues/Appropriations - Library Rooks Mayor Elson read Ordinance No, 346-77 by title only, "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations in the General Fund in the amount of $301 for library books and materials." MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for introduction of Ordinance No. 346-77, increasing estimated revenues and appropriations in the General Fund in the amount of $301 for library books and materials. Motion passed unanimously by roll call vote. G-S: resolution No. 77-71 - Transfer of Funds - Water and Sewer Fund Budget Mayor Elson read Resolution 77-71, be it resolved by the Council of the City of Kenai that the following transfer of monies be made within the 1076-77 Water and Sewer Fund Budget. From: Sewer Treatment - Repair and Maintenance Supplies - ($250) To: Sewer Treatment - Small Tools and Minor Equipment - $250. The purpose of this resolution to to transfer funds within the 1976-77 Water and Sewer Fund Budget to build an overhead chain hoist for the removal Of cyclo blowers for repair." MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-71, transfer of funds in the !fewer Treatment Budget in the amount of $250 for purchase of an overhead chain hoist for removal of cyclo blowers for repair. Motion passed unanimously by roll call vote, KENAI CITY COUNCIL, REGULAR MEETINO, JUNK 1. 1977 Page 9 0-9: Resolution no. 77-72 - Transfer of Funds - 0ancral Fund Budget/Police & Fire Mayor Elson read Resolution 77-72. "Be it resolved by the Council of the City of Kenai that the following transfers of monies be made within the 1970-77 General Fund Budget. From: Police Reserves - Operating Supplies ($250) and Fire Department - Repairs & Maintenance ($600) . To: Fire Department - Improvements other then Buildings - $050. The purpose of this resolution is to transfer funds in order to complete the sidewalks at the Public Safety Building." MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-72, transfer of Funds in the amount of $860 to complete the sidewalks at the Public Safety Building. Motion passed unanimously by roll call vote. G-10: Resolution No. 77-73 - Transfer of Funds - Legal Department Mayor Elson read Resolution 77-73. "Be it resolved by the Council of the City of Kenai that the following transfers of monies be made within the 1070-77 General Fund Budget. From: Legal - Professional Services - $(625) To: Legal - Equipment a Machinery - $625. The purpose of this resolution is to transfer funds within the Legal Department for the purchase of a legal typewriter to replace antiquated and in -need -of -repair existing equipment." MOTION: Councilman Ambarion moved, seconded by Councilman Morgan, for adoption of Resolution No. 77-73, transfer of funds within the Legal Department in the amount of $625 for the purchase of a typewriter and to amend such resolution by deleting the word "antiquated". Motion passed unanimously by roll call vote. G-U.- Resolution No. 77-74 - Transfer of Funds - Hr. Citizen Nutrition Program Mayor Elson read Resolution No. 77-74. "Be it resolved by the Council of the City of Kenai, Alaska, that the following transfers of monies be made within the 1976-77 Special Revenue Fund Budget. Senior Citizen Nutrition Program Revenue: From - Rental income/In-kind Contribution - MAP AP To: Volunteer Donations/In-kind Contribution - $1, 660 and Moat Charges - $492 . Senior Citizen Nutrition Program Expenditures: From - Rent - ($2,052) To: Volunteer Labor - $1,500 and Professional Services - $492 The purpose of this resolution is to transfer funds within the Senior Citison Nutrition Program in accordance with revised estimates of revenues and expenditures as reported to the Office On Aging of the State of Alaska." KENAI CITY COUNCIL, REGULAR MEETING. JUNE 1, 1977 Page 10 ,' NMOTION: Councilman Morgan moved, seconded by Councilwomen !hick, for adoption of Resolution No. 77-74, transfer of monies within the 1976-77 special Revenue Fund Budget "senior Citizen Nutrition Program Revenue/Fxpenditures" in the amount of $2,052. Motion passed unanimously by roll call vote. a-12: Resolution No. 77-75 - setting Fees for Xerox Copies Mayor Elson read Resolution No. 77-75 by title only. "A resolution of the Council of the City of Kenai setting fees for Xerox copies." Administration advised that the now rates would be fifty ($.50) per copy for each copy made of materials not related to City business. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-75, setting fees for xerox copies at ;.50 per copy. Motion passed unanimously by roll call vote. 0-13: Resolution 77-70 - Retaining Consulting Engineering Firm - Various City Projects Mayor Elson read Resolution No. 77-76 by title only. "A resolution of the Council of the City of Kenai, Alaska, retaining a consulting engineering firm for engineering design work on various proposed street, airport and water and sewer improvement projects." -- - Councilman Morgan inquired if a bid was submitted by the local engineering firm and, if so, how did they compare? Mr. Wise responded that Wince-Corthell did submit a bid and after review of all bids received the Administration felt the proposals submitted by Ted Forsi a Associates to be the most responsive. Councilman Morgan asked Mr. Craig Freas, representing Wince-Corthell, why they hadn't submitted a rate schedule. Mr. Freas advised that his firm had a submitted their proposal on an overall cost per project. Councilman Morgan asked Administration why the bids had been submitted in varying forms and was advised that as the City had verbally requested the proposals, the engineering firms had no definite format to follow. Mayor Elson stated that he felt the proper document had not been presented to the Council for their evaluation of each proposal submitted. Mayor Elson further _-- expressed concern in that the Council may not be able to render a decision --'-, based on the information supplied at this point. r KENAI CITY COUNCIL► REGULAR MEETING, JUNE 1, 1977 Page 11 I Councilmen Whelan inquired if the matter were tabled until the regular meeting of the 15th► could the specifications be defined in writing and resubmitted to the various engineering firms for their proposals. MOTION: Councilman Aekerly moved, seconded by Councilwoman thick, for adoption of Resolution 77-76, retaining a consulting firm for engineering design work on various proposed street, airport and water and sewer improvement projects. Councilman Morgan inquired as to the reason that the local engineering firm was not considered as it would appear less costly to use a local firm. Mayor Elson advised that there had been some problems in the past concerning water/sower projects done by both Wince-Corthell a Galliett, however, Wince- Corthell have provided excellent service in airport related projects. Mayor Elson further advised it was his personal feeling that the City should consider other engineering firms too just as it is beneficial to change audit firms, etc. MOTION: Councilman Morgan moved, to amend the motion to replace "Ted Forst and Associates" by Wince-Corthell a Associates in paragraphs 4 and S. Motion died for lack of second. QUESTION - MAIN NOTION Failed unanimously by roll call vote. 0-14: Resolution No. 77-77 - Declaring Certain Property Surplus for Public Auction Mayor Elson read Resolution 77-77 by title only. "A resolution of the council of the City of Kenai declaring certain property surplus and directing that it be sold at public auction." Administration advised there were certain items from the old Kenai community library that were of no use to the City and requested that these items be sold at public auction. MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-77, declaring certain property surplus for public auction. Motion passed unanimously by roll call vote. 0-15: Resolution 77-78 - Requesting Release by FAA of Certain Airport Lands Mayor Elson read Resolution No. 77-78 by title only. "A resolution of the Council of the City of Kenai requesting the release by the FAA of certain airport lands." t• KENAI CITY COUNCIL, REGULAR MEETING, JUNK 1, 1977 Pape 12 • 7 MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of Resolution No. 77-78, requesting the release by the FAA of certain airport lands. Administration advised that an application had been received for lease of the land in question. Councilman Ambarlan stated he felt that the proposed lease application was in contradiction of the intended use of the land and in addition, as the City is in the process of completing the airport land study, a decision should not be made as to lease of the area until such time as the study has boon completed. Councilman Ackerly stated that he was the lease applicant and had been advised by Administration that this area was not being included in the airport study and also that this area was not a high traffic volume area. Councilwoman Glick stated that the Planning Commission had reviewed the application and as the applicant is going to have the land surveyed and appraised the City could then set a lease rate based on the fair market value of the land. Councilwoman Glick further advised that the Planning Commission had reviewed and did recommend the concept of the proposed use of the lease application. Mayor Elson stated that once the FAA has released the land, he felt that It would only be fair and proper to advertise the availability of the land and allow the public the opportunity to make application for use of the land. Councilwoman Glick reminded Council that if the applicants were desirous of establishing a business this year, time was of the essence. Mr. Patrick O'Connell, one of the applicants, addressed the Council and stated that U the land were to be advertised for lease availability, he would " not wish to pay for the surveying and appraisal. QUESTION Motion passed by roll call vote. Voting yes; Morgan, Whelan, Glick and Elson. Voting no; Ambarian. Abstaining; Ackerly. } G-16: Resolution no. 77-79 - Transfer of Funds - Kenai Water Project No 07-01-01684 = Mayor Elson read Resolution No. 77-79. "Be it resolved by the Council of the City of Kenai that the following transfer of monies be made within the Capital Project Fund entitled "Kenai Water Project No. 07-01-01684" as established by Ordinance No. 322-76. From: Kenai Water Project 07-01-01684, Contingency - ($12,400) To: Kenai Water Project 07-01-01684, Inspection -' Fees - $12,400. The purpose of this resolution is to transfer funds within the Kenai Water Project to cover inspection fees for the remainder of the project." z KENAI CITY COUNCIL, REGULAR MEETING, JUNE 1, 1977 Page 13 MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, for adoption of Resolution 77-79, transfer of funds in the amount of $12,400 for the Kenai Water Project No. 07-01-01684. Motion passed unanimously by roll call vote with Councilman Ackerly not present for voting. 0-17: Resolution No. 77-80 - Abatement of Public Nuisances Mayor Elson read Resolution 77-80 by title only. "A resolution of the Council of the City of Kenai, Alaska acknowledging receipt of a recommendation by the City Manager that certain alleged public nuisances be abated and setting a date for public hearing in the matter." Mr. Wise advised that it was brought to Administration's attention that there were several areas within Kenai that contained "public nuisances" and requested Council concurrence as to the abatement of these nuisances. Mr. Wise further advised that all structures, materials or dangerous conditions existing on parcels were listed on a memorandum attached to the resolution. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-80, acknowledging receipt of a recommendation by the City Manager that certain alleged public nuisances be abated and setting a date for public hearing in the matter. Motion passed unanimously by roll call vote. 0-18: Payment to Consulting Firm - Kenai Airport Master Plan Study Administration advised that Nixon/Farr, consultants on the Airport Master Plan Study had submitted a progress billirg in the amount of $20,860 for all work through March 31, 1977. MOTION: Councilman Ambarian ;Moved, seconded by Councilwoman Glick, for approval of payment to Nixon/Farr in the amount of $20,860 for work on the Airport Master Plan Study through March 31, 1977. Motion passed unanimously by roll call vote. G-19: Discussion - Lease of Dock a Adjacent Lands Mr. Wise advised that six proposals were received for lease of the dock and the adjacent lands. Of the six, only two firms attended the meetings with the Planning and Harbor Commissions to discuss their proposals. The Commissions recommended Copper Valley be awarded the lease subject to various fees, etc. being set by the City. Copper Valley proposed a machine shop/marine repair business. : a I" KENAI CITY COUNCIL, REGULAR MEETING, JUNE 1, 1977 Page 14 Mayor Elson stated that he felt a reluctance to enter into a long-term agreement until such time the Lower Cook Inlet matter has been settled -- perhaps the City should continue with a short term lease arrangement until the Federal Government has conducted their sale. Councilwoman Glick advised that the Harbor Commission felt the Copper Valley proposal met the criteria set forth for usage of the area. However, it was Councilwoman Glick's personal feeling that the proposal was not clearly defined and there was a certain amount of apprehension that the applicant would be able to meet obligations of the lease and development as proposed. Mr. Wise advised that in the event the concept proposed by Copper Valley was acceptable, the Council should appoint a committee to negotiate the lease. Councilman Morgan reiterated on some of the past discussions with regard to the dock area and stated that there might be some problems with the Copper Valley proposal. Councilman Morgan stated that not only the value of the land but wharfage, etc. should be considered. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, that Administration be directed to prepare a lease for the dock area and abutting lands with Salamatof Seafoods, Inc. and submit such lease to the Council at their next regularly scheduled meeting for Council review and determination. Motion passed unanimously by roll call vote. G-20: Assiffnment of Lease - K . D . Macheras to C . J. Crabau h __- Mr. Wise advised that this assignment of lease by Konstantinos D. Macheras to Charles J. and Roberta J. Crabaugh was for Lot IA, Deshka Subdivision, and Mr. Crabaugh further requested an extension of time for development of the property for two years as he is not able to get all the plans, etc. completed and under construction before termination of the original terms of the lease with Mr. Macheras. ' MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for ap proval of ; assignment of lease from K . D . Macheras to Charles J. and Roberta J. Crabaugh for Lot IA, Deshka Subdivision contingent upon acceptance of development plan submitted to the Planning Commission within thirty days. - - Motion passed unanimously by roll call vote. J y Vi -- , F o ' KENAI CITY COUNCIL, RHOUT.AR MHHTINO, JUNH 1, 1977 Page 1G 0-21: Resolution No, 77-81 - Ratification of Poll/Transfor of Funds - Hi)A Water Project Mayor Elson read Resolution 77-81 by title only. "Be it resolved by the Council; of the City of Kenai that the following transfer of monies in the amount of $8,076 be made within the Capital Project Fund entitled Kenai Water Project No, 07-01-01684 as established by Ordinance No. 322-76." Mr. Wise advised that the amount should be corrected to read $0,785, MOTION Councilman Ambarian moved, seconded By Councilwoman Glick, for adoption of Resolution No. 77-81, ratification of telephone poll and transfer of monies within the Capital Project Fund entitled "Kenai Water Project No. 07-01-01684 in the amount of $8,785, Motion passed unanimously by roll call vote, H. REPORTS 1; :: City Manager's Report City Manager's Report #19, a copy of which is attached, and therefor becomes an official part of the transcription of the proceedings of this meeting. In 04 addition, Mr. Wise advised that letters had been sent to two lessees who were in arrears and those lessees were asked to either bring their accounts current or their leases would be terminated. Mr. Wise requested Council confirmation that he proceed with the advertising of the availability of these two prime airport locations, H-2: City Attorney's Report City Attorney Williams reported that as the Council had protested issuance of renewal of beverage dispensary license for Kenai Terminal Rnterprises, the ABC Board is holding their license and Kenai Terminal Enterprises must close the Pre-flight Room as they cannot continuing operating without their license, MOTION: Councilman Mogan moved that Council withdraw their objec•+tion to the issuance of renewal of beverage dispensary license for the Pre -Right Room for the 1077 license and that Administration be authorized to negotiate a lease extension through the end of this year with the present occupants. Motion died for lack of second. Councilman Aekerly left at this time (1:10 a.m.) KENAI CITY COUNCIL, REGULAR MEETING, JUNE 1, 1977 Page 10 MOTION Councilman Whelan moved, seconded by Councilman Morgan, that the present occupant of the Airport Par/Cato be put on a thirty day basis with a 15 day termination clause and the Alcoholic Beverage Control Hoard be advised that the City will withdraw its protest of isibuanee of the 1077 renewal of beverage dispensary license for the Pro -night Room. Motion passed by roll call vote. Voting yeas Morgan Whelan and E190n. Voting nos Ambarian and Glick. City Attorney Williams also advised that with regard to the Kenai Raptist Temple matter, their attorney had offered a settlement of $1,000 and the City had counter -offered $1,500. The City was awaiting word from the attorney. EXECUTIVE SESSION The Council unanimously approved entering into an executive session for the purpose of setting the City Manager, City Attorney and City Clerk salaries. RECONVENE - 1:50 a.m. s MOTION: Councilwoman (click moved, seconded by Counilman Whelan, that the following salaries are hereby set for the fiscal year 1977-78: City Manager - $35, 000 City Attorney - $30,100 City Clerk - $18,500 with no overtime Motion passed unanimously by roll call vote, H-3: Mayor's Report None H-4: City Clerk's Report None H-5: Finance Director's Report Phumce Director, Ross Kinney, advised that three firms would like to make -`-,- a presentation to the Council on copying equipment. 4 4� -,r l KENAI CITY COUNCIL, REGULAR MEETING, .TUNE 1, 1977 Page 17 H-6: Planning a Zoning Commission's Report Councilwoman Glick reported on the meeting of May 25, 1977. H-7: Assembly Report - None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Mr. Ross Kinney - - - Mr. Kinney stated in regard to Ordinance No. 343-77, the Council should consider that the hook-up fees are already extensive and additional costs In locating in Kenai might be a deterrent in encouraging new development within the City of Kenai. ADJOURNMENT There being no further business, Mayor Elson adjourned the meeting at 2:00 a.m. Respectfully submitted, Ja..� -'Sue C. Peter, City Clerk 1 M CITY MANAGER'S REPORT NO. 18 May 27, 1977 1. Ordinance No. 337-77 There will be a. public hearing on this ordinance, which calls for establishing a working capital reserve and a reserve for capital improvements. We are recommending that this ordinance be amended to relate at this time solely to the reserve for capital improvements. The reason for this is the discussion that recommended the change in the working reserve from $250,000 to $400,000. Therefore, we have prepared a new ordinance for introduction, which will establish that working reserve of $400, 000. This to the best technical device for meeting the desires that arose from the discussion at the work session. 2. Ordinance No. 338-77 This is the ordinance proposing the referendum for reallocation of Civic Center funds. The first problem we have is that we have a recent bill from the attorneys representing the City in the Filler case and we are recommending that the amount be changed from $334,000 to $330,000. Therefore, we have annotated the ordinance to that lower figure and made the corresponding decrease in the money allocated for recreation. There has, however, been some discussion as to the propriety of using bond monies for purchase of capital equfopment. Therefore, we have prepared the ordinance as introduced at the last meeting at $330,000, and two alternative ordinances; one which takes out capital equipment and puts water and sewer back in, and one that takes out both capital equipment and water and sewer so that the Council may have a choice. Naturally, the figures have been blanked out so that the figures can be adjusted as the Council desires. 3. Ordinance No. 33947 This is the ordinance amending ordinance 99-60 and rescinding Ordinances 132 and 213. This established the Airport System Fund and the data has been for- warded to FAA and they have been called. However, we have been unable to make contact with Mr. Wilcox, but we will continue to make every assurance that we have their concurrence on this particular ordinance. 4. Ordinance 341-77 This to the hearing on the ordinance dedicating one-time income to a Capital Improvement Fund. 5. Correspondence A. There is a letter from the Kenai Chamber of Commerce addressed to the Mayor, dated May 18, 1977, which references a number of areas. I would like to f, REPORT #18, Page Two r'1 bring your attention to administration comments. Relative to the airport, we have and are making efforts to provide budgtary funds for improving the interior of the airport, particularly seating and we have discussed in the capital improvements program the paving of the parking lot and access roads. Additionally we are monitoring the custodial contract and feel that this will accomplish an effective job in improving tho appearwace of the Terminal now that break-up is over. Our comments in other areas are as follows: Provide and maintain much needed road repairs -- this is being worked on as expeditiously as possible. 2) Cleaning of the City streets -- in my mind is simply not a priority item at this time, considering some of the major street reparis we are trying to make. Sweeping the streets with rental equipment is an expensive item and it appears to be beyond our means at this time. The some applies to items 4 and S. Water the green strip -- hopefully, the parks maintenance crew can provide this service. Items 6 @ 7 are simply open items for discussion on which I'm not fully prepared to respond to at this time. 8) Keeping our parks clean -- this is a project we have planned for the City parks crew. In regard to the Old Townsite, we have prepared a list of public nuisances which I feel the Council should discuss at an abatement meeting. It is desirable that we cleam up that area and I think then that some of the other aspects will fall into place. Recreation Program -- I feel that the City is moving on the program. I still have to recruit a recreation director and get the program going, but the funds have been provided. , Street names and house numbering -- I intend to direct the Fire Department to provide assistance here and proceed in accordance with the ordinance adopted some time ago by the City to review the established subdivision plats, working initially on assigning house numbers to defined areas (Woodland, Mommsen, Recoudt Terrace, Inlet View, Central Heights, CIIAP, Fldalgo). Established subdivisions can be numbered quite readily and easily. These should be our first priority. Following that, having worked wtith the system, we will have a better feel as to how to go through other areas throughout the City. I feel we do not have an impossible task . The task is simply to get it done and get the information out. Betting the information to the property owners may be more of a problem than actually Identifying the property by a street address. The last two paragraphs I will not comment on, as I believe that they are addressed to the Council and the Council should comment on these independently. B. Note from Chamber of Commerce re: Wally Bynum Caravan due in Kenai between the 7th and loth of July. I request that the Council approve the use of the FAA lands for the site of the caravan at that time. r 6. Introduction of an ordinance requesting establishment of inspection fees for overtime inspection of public improvements, primarily relating to contractors working at water tie-ins and sewer tie-ins during evenings and weekends. R 7. Ordinance relating to our Personnel ordinance, which provides a classification - plan and salaries. The Council has essentially approved this in discussing the budget. These two chapters will fully implement the Personnel Ordinance as of the - ' lot of July. -- '' 8. Working Capital Reserve Ordinance, as amended earlier, we've prepared r this as an individual ordinance and in accordance with comments raising the amount s of money to a $400,000 reserve. REPORT 518 , Page Three i 9. Ordinance to control City parks, which I feel is necessary to insure that we do not have long-term residency in the City parks. 10. Ordinance providing for receipt and appropriation of funds donated to the Kenai Community Library. U. Ordinance providing for receipt of funds and appropriation of funds for a sign baking machine, as authorized by the Council in the work session. 12. Resolution requesting to describe surplus property from the old Library building in particular and authorize its disposition. 13. Resolution setting specific fees for xerox copies to insure that the fees recover our costs and don't place us in competition with private enterprise. 14. Resolution establishing engineering contracts so that we may affect the engineering that the Council has authorized in regard to roads and trails and certain water and sewer projects. Of the four requests for engineering proposals which were made, we have received all four answers and this to judged to be the most acceptable and I feel that we should proceed with this resolution as soon as possible. 15. A resolution to transfer funds relative to the nutritional program. 16. A resolution to transfer funds within the legiA department to provide for a new typewriter -- which will be justified by your City Clerk. 17. A resolution to transfer funds within the Police and Fire Departments to provide for the installation of a walkway in front of the public safety building and provide some grass seed and fertilizer to enhance the area. 18. A resolution relative to a 250' x 200' square tract on Beaverloop and the Spur In the vicinity of the KUSCO gas stand, which a fast-food enterprise has requested for lease. The concept of a fast-food operation has been before the Planning Commission and they voiced no opposition to the concept. However, they did not approve the plan without a plat and a further design scheme being presented to them. To enable this land to be leased, we need to get a ; elease from the FAA and that is why the resolution is being presented at this thnia. At this moment, the meets and bounds are not available. I believe the applicant is obtaining a survey that we can use to establish the meets and bounds and obtain specific release. • ti i .I ze. —scar---•_ ..�- - .. - ��-3a�r-d J f d REPORT #18, Page Four 10. Resolution to transfer funds within the Sewer Treatment Plant to provide for overtime. 20. Resolution to provide for transfer of funds within the EAA Water Well Project from Contingency to Inspection Fees as we have run out of cash to provide for payment of the inspector. 21. A resolution I am requesting in regard to public nuisances and the abatement of some, particularly in the Old Townsite,-- am requesting the Council to direct further action as to a public hearing and documentation to try to clean up that particular area. 1 must say that this is not all of the public nuisances within the City -_ of Kenai and 1 have focused on the Old Townsite as I feel that this is an area that is most visible to the public and to those that are visiting the City.