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HomeMy WebLinkAbout1977-07-06 Council Minutes- !1 0"') A0ItN1)A REGULAR 11HUPING •• KENA1 CiTY COUNCIL. MILY 0, 11177 - R:00 P.M, KI:NA1 PUBLIC SAI-TTY B111i.DINO P1,10)(IR OF ALLECiANCK A. ROLL CALL AOBNI)A APPROVAL D. PUBLIC IIHAl(INCH 1. Ordinance No. 341-77 - Dedicating Proceeds of Land Sales 2. Ordinance No. 347•-77 - Fpocial 11ovenuo Fund "Kenni Sr. Citizen Project" 3. Ordinance No. 348-77 - Authorizing Purchnso of Used Motorgrader 4. Abntomont of Public Nufanneos 5. Application for new retail license -• The Liquor Store 0. Transfer of Beverage niaponnary Lleenan - trnrhor View. Inc. 7. C. PERSONS 1111ESrNT SCIIPDtll,HD TO BP. HEARD 1. Veata i.eigh - Oift Shop in Kenai Municipai Airport Terminal Building 2. Edward Garnett repr000nting Aretfo Avintion S. Mrs. Ruby Coyle - ilr. Water Problems 4. D. MINUTES 1. Minutes of the regular meeting of .Tune 15, 1977/Juno 10, 1077 2. Minutes of the speninl meeting of June 29. 1077 E. CORRESPONDENCE 1. 2. P. OLD BUSINESS 1, Ordinance No. 352-77 - Drolnring public nuisnneen exist on eortaln parcels of real property within thr City of Konni 0. NEW HUSiNIMS 1. Biiln to be paid - bills to be ratified 2. Ordinance No. 350-77 - special revenue fund "Komi Volunteer Piro Drpartment" 3. Ordinance No. 351-77 - Capital Project Fund "Kenai Sewerage Project" 4. Ratification of purchase of Sign flaking Machine 5. Redetermination Protest - Arctic Aviation on %lock 3. Lot 1, t7AA 0. Contract for Janitorial Servicon - Kenai Munfeipni Airport Building 7. Lense/Kenn! Peninsula Community Care Center S. Leaso/Olaeler State Telephone Compnny 9. Special Use Permit - Olaefor State Telephone Company 10. Special Use Permit Katmai Piotol 11. Amendment to Lenae - Katmai Motel 12. Loana/Kenai Air Service, inc. 12. Special Use Permit - Kenal Air Service. Inc. f 14. Amendment to Lease - Teamsters i oeal P950 16. Special Use Permit - Andy's Flying, 'torvfeo 16 Amendment to Lease - Chnrlea J. z Roberto J. Crabough 17. Appointment to Kenai Planning 6 Zoning Commianion 18. Annignment of Iemse - Kntrrni lfotrl, inc, H, REPORTS � 1. City blanager'r. Report 020 2. City Attorney'n Report 3. Mayor's Report I 4. City Clerk's Roport ; 5. Finance Direetor'n Report 6. Planning 4 Zonhrr, Comminnion'a Report 7. Kenai Peninsula Norouiph Asaembly'a AtI ort i 1. PERSONS PRFSFNT N(YI' SC11Ef)UIJdD 7'0 BP. IIEARD ♦d a 1 KENAI CITY COUNCIL - REGULAR MEETING JULY 6, 1977 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Richard Morgan, Walter Sweet, Betty Glick and James Elson Absent: Tom Ackerly, Dan Whelan and Edward Ambarian AGENDA APPROVAL The following items were approved for addition to the agenda: B-6: Transfer of Beverage Dispensary License - Harbor View, Inc. C-3: Mrs. Ruby Coyle - regarding sand in personal water supply allegedly caused by City water project development 0-18: Assignment of Lease - Katmai Motel, Inc. B . PUBLIC HEARINGS B-1: Ordinance 341-77 - Dedicating Proceeds of Land Sales Mayor Elson 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 Elson opened the hearing to the public. There was no comment. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Ordinance 341-77, establishing a special revenue fund entitled "Capital Improve- ment Fund" and dedicating proceeds of land sales to such fund which shall be devoted exclusively to capital improvements with life expectancy of not less than 20 years. 4= Motion passed unanimously by roll call vote. r B-2: Ordinance 347-77 - Syechd Revenue Fund "Kenai Sr. Citizen Project" Mayor Eisen read Ordinance No. 347-77 by title only as copies were available i for the public. "An ordinance of the Council of the City of Kenai, Alaska establishing a special revenue fund entitled "Kenai Sr. Citizen Project" by Increasing estimated revenues and appropriations in the amount of $35,600." f Mayor Elson opened the hearing to the public. There was no comment. J 1 I -.— . KENAI CITY COUNCIL, REGULAR MEETING, JULY 0, 1977 Pago 2 MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, for adoption of Ordinance No. 347-77, establishing a special revenue fund entitled "Kenai Sr. Citizen Project" by increasing estimated revenues and appropriations in the amount of $35,600. Motion passed unanimously by roll call vote. B-3: Ordinance 348-77 - Authorising Purchase of Used Motorgrador Mayor Elson read Ordinance No. 348-77 by title only, "An ordinance of the Council of the City of Kenai authorizing purchase of a used motorgrader and appropriating funds from Federal Revenue Sharing for such purchase". Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of Ordinance 348-77, authorizing purchase of a used motorgrader and appropriating funds from Federal Revenue Sharing in the amount of $75,000 for such purchase. Mayor Elson advised that he had questioned that all bidding requirements had been mot and was advised by Administration that only one source had been found to supply a used piece of equipment and therefore there was no need for invitation to bid. QUESTION: Motion passed unanimously by roll call vote. B-4: Abatement of Public Nuisances Mr. Wise advised that Administration had received several complaints from various areas within the City wherein structures, materials or dangerous conditions existed and constituted a public nuisance. After investigation by Fire Department personnel, it was determined as to which parcels required Immediate action. Owners of the property were advised of the public hearing and the matter was advertised in a newspaper of local circulation. Mayor Elson opened the hearing to the public. Mr. David Pree (Lot 4, Block 19 - Riverview Drive) -- Mr. Pree advised that he intended to build a permanent structure on his property and would like to maintain the existing structure for use as a tool shed. Mr. Pree further advised that he had removed the broken windows and is having the glass replaced. Mr. Pree requested Council consideration in deleting Item #10 from the list of public nuisances and he would assure completion of repairs within ninety (90) days. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, to delete I� n •�.� a.�rmsL• r• - �wr� .��.c+r• �...�.. -� v ,� ": Y.rr a n 8 lq. ■ KHNA1 CITY COUNCIL, REGULAR MEETING, JULY 0, 1977 Page 3 item #10, Lot 4, Block 10, Riverview Drive, Parcel #047-103-0400 owned `1 by David Proo of Anchorage, contingent upon receipt of a letter from Mr. Proe acknowledging that repair and clean up of his land would occur within ninety (00) days from this date. AMENDMENT: Councilman Morgan moved, seconded by Coueilman Sweet, to amend the motion to include that City Administration would report back to Council with a detailed report of status of Mr. Pree's repair project. Motion passed unanimously QUESTION - MAIN, AS AMENDED Motion passed unanimously Mr. Roger Meeks, representing the Kenai Historical Society (Item #7, Lot 2, Block 5, Overland Avenue) -- Mr. Nooks stated that the Historical Society had boon given permission by the owners to remove the existing structure from the property as the building had groat historical value. Mr. Nooks further advised that the historical Society had not removed the building as they did not have the financing, manpower, time, etc. that was required. Mr. Meeks requested Council consideration in deleting Item #7 from their list of public nuisances allowing additional time for removal of the structure. Mr. Edward Garnett (Lot 4, Block 4, Overland Avenue) -- Mr. Garnett advised Council that he had, on several occasions contracted to remove the structure on his property, however, no contractor had completed the job at this time. Mr. Garnett advised that he would give City the permission to burn the structure down. Mr. Will Jahrig (Items 10, 17 & 18 - Lots 10, 18 and 21, Block 5, Old Kenai Townsite) -- Mr. Jahrig advised that the storage items located on each of the lots belonged to he and his father and they were in the process of building storage bins in the basement of their building to house these items. Mr. Jahrig further advised that many of the items had been cleared away from the area. Councilman Morgan stated that those same parcels with storage items belonging to the Jahrigs had been before Council for the past 2-1/2 years and asked Mr. Jahrig why it had taken so long for clean up of the area. Mr. Jahrig reported that it took a great deal of money to complete the basement and he was hopeful that construction of the storage bins would not be so costly nor would construction take as long. MOTION: Councilman Sweet moved, seconded by Councilwoman Click, that the Jahrigs be given ninety (90) days in which to make the lots acceptable i i i I• i I k �PON, 1 II0 KENAI CITY COUNCIL, REGULAR MEETING. JULY 0, 1077 Pago 4 with regard to the storage items on ouch parcel and at the end of the 00 day period, Administration report back to Council as to the status and at that time Council will further review the matter. MOTION: Councilman Morgan moved to amend the motion to sixty (60) days. Motion died for look of second. QUESTION: Motion passed by roll call veto. Voting yes; Sweet, ©lick and P.lson. Voting no; Morgan MOTION: Councilman Sweet moved seconded by Councilwoman Glick, that the Historical Society be given ninety (00) days in which to remove the structure from Lot 2, Block 3, Overland Avenue, Parcel 047-071-0200. Motion passed unanimously. Mayor Elson directed the Clerk to read correspondence received in regard to the matter. Mrs. Vona A. Rowley (Lot 3, Block 6, Overland Avenuo-Parcel 3047-071-0500) advised that the subject property had been sold to James A. and Josi Brown. City Administration advised that the Browns had boon sent notification, of public nuisance 0-20-77. Mrs. Bon Orotooloss (Lot 2, Block S, Overland Avenue Parcel t047-071-0200) telephoned on July 6th and advised that the Kenai historical 3ociety had asked for the building several years ago and advised that they were to remove the structure. Mrs. Arotooloss advised that if the Historical Society did not comply within the stated time, she would come to Kenai to attend to the matter. Mrs. Della Reese (Lot 20, Block 16, Parcel 6047-002-1600) advised that Mr. Reese was out of the City and would return the first of August at which time he would take care of the problem existing on their property. Mrs. John T. Hurn, Jr. (Lot 21, Block S, Parcel 6047-071-2600) advised that her husband was the administrator of the estate of John T. Hurn, Sr. and they had investigated the alleged public nuisances on their property which were storage items belonging to W. Jahrig and Mr. Johrig had advised that he would remove the items by the evening of ,July 6th. ! T1 I -_ KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 6 There being no further public comment or correspondence, Mayor xlson returned the matter to the Council table action. With Council concurrence, Mayor Elson brought Item P-1 before Council. P-1: Ordinance 352-77 - Declaring Public Nuisances Exist on Certain Parcels Mayor Bison read Ordinance No. 352-77 by title only. "An ordinance of the Council of the City of Kenai declaring that public nuisances exist on certain parcels of real property within the City of Kenai". MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for introduction of Ordinance No. 352-77, declaring that public nuisances exist on certain parcels of real property within the City of Kenai and listing all items under Section 1 of the ordinance that were not exempted by Council in previous motions during the public hearing. Motion passed unanimously by roll call vote. B-5: Application for now retail license - The Liquor Store Administration advised that The Liquor Store had applied for a new retail license and the Alcoholic Beverage Control Board had written asking for the City's response as to whether or not they met zoning and population criteria. The Clerk reported that zoning criteria was met, however, according to Alaska Statutes, the City of Kenai had maximum retail licenses per population. The Clerk further advised that the matter of Oaken Keg #54 was still pending and no hearing date had been set. If Oaken Keg 054 license were to be denied, The Liquor Store application would than meet population requirements and be eligible for issuance of a now license. Mayor Bison opened the hearing to the public -- there was no comment. Councilman Morgan requested that the Chief of Police make a routine investigation of the applicants as required on all new applications and report back to Council. B-8: Transfer of Beverage Dispensary License - Harbor View, Inc Administration advised that all taxes were current and recommended approval. Mayor Bison opened the hearing to the public. There was no comment. MOTION., Councilman Sweet moved, seconded by Councilman Morgan, that the City file no protest on the transfer of a beverage dispensary license for the Harbor View Hotel. Motion passed unanimously. Ca�!yYi l/S�.i. _fl'c. _ .... 7•r '... ♦.- _..:. - - .-.s -• T_�- -. � .., i .._- __, � • .. ._a-er-sas• .srrs-a: -• __ - _ — _ .._ ._ •_ __ •�— frt� KENAI CITY COUNCIL, REGULAR MEETING, JULY 8, 1977 Page 0 C . PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Vesta Loigh - Gift Shop in Kenai Municipal Terminal Building Ms. Leigh came before Council for their consideration with regard to her application for a gift shop and concession area in the Kenai Terminal. Ms. Leigh requested 150 square foot of lobby area and agreed to pay a percentage of the gross receipts in addition to the designated rental rate. Ms. Leigh advised that her gift shop would include items made by local artists plus a concession of cigarettes, canned pop, newspapers, magazines, ate. Mr. Wise advised that in the proposal from Mr. Vndan for lease of the airport bar and cafe, Mr. Vndan had requested loase of an area for a gift shop and also the City should not jeopardize the solo of soft drinks through the cafe. Mr. Wise advised that he had boon in contact with Mr. Vndan and Mr. Vndan was trying to make contact with the present lessee of the bar and cafe to buy their existing equipment. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of negotiations of lease with Vesta Leigh for 150 square foot of lobby area in the Kenai Airport Terminal Building to be utilized as a gift shop and concession area and upon final negotiations, such lease shall be presented to Council for further review. Motion passed unanimously by roll call vote. C-2: Edward Garnett rogresontinK Arctic Aviation Mr. Garnett came before Council representing Arctic Aviation and their protest against the increase in lease rate of Lot 1, Block 3, General Aviation Apron. Mr. Garnett advised Council that his client opposed the substantial lease rate increase because of 1) limited use of the land; 2) no utilities or other City services to the propertys 3) the land is virtually landlocked with no access to taxiways except across other land or across a road and ditch; and 4) the limited income that can be generated for aircraft parking. Mr. Garnett advised that his client felt a more realistic figure would be CO25 or $.03 per square foot. Mr. Wise stated that the former lease rate was $,02/sq. ft. and at the first five year renegotiation, no reevaluation was made. Mr. Wise advised that the lots were reappraised recently and Arctic Aviation was advised that their lease rate had increased to $.048, however, it was Administration's feeling that this amount was not correct and the lease should be further amended to $.038/sq. ft. f 1 KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 1] 1110ii� A thi tt i 1 Page 7 s s ma or was ne uded also under agenda item G-5, Council unanimously conourred to consider G-6 at this time. G-5: Redetermination Protest - Arctic Aviation MOTION: Councilman Morgan moved, to renegotiate the lease rate on Lot 1, Block 3, General Aviation Apron, Arctic Aviation at $.0275/sq. ft. Motion died for lack of second. MOTION: Councilman Sweet moved to renegotiate the lease rate on Lot 1, Block 3, General Aviation Apron, Arctic Aviation at $.035/sq. ft. Motion died for lack of second. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to renegotiate the lease rate on Lot 1, Block 3, General Aviation Apron, Arctic Aviation at $.0276/sq. it. Councilman Morgan stated it was his feeling that the City should not oxpoot people to operate at a loss and would, therefore, recommend that the City amend the rate or change the use of the lot. Motion passed by roll call vote. Voting yes; Morgan, Glick and Elson. Voting no; Sweet C-3; Mrs. Ruby Coyne Mrs. Coyle advised Council that since the City's new water well development across from the Reavor• House, she has had difficulties with sand in the water of their artesian well. Mrs. Coyle stated that the sand has damaged her washing machine and there is always a large accumulation of sand in the toilets which had to be removed before they could be flushed. Mayor Elson asked Mrs. Coyle to submit her data on the situation in writing to the City administration so that they review the matter and return to Council with additional information. D. MINUTES D-1: Minutes of the regular meeting of June 15, 1977/Juno 18, 1977 The minutes were approved as distributed. ■ ■ ...-- KENAI CITY COUNCIL, REGULAR MEXTIN0, JULY 0, 1877 Pago 8 D-2: Minutes of the special meting of .rune 29, l9rn The minutes were approved as distributed. E. CORRESPONDENCE. E-1: Mr. Jerry Thompson Mayor Elson acknowledged receipt of a letter from Mr. Thompson concerning the City dock and the "plight" of local fishermen. F. OLD BUSINESS - (See item B-4 - Public Hearings) G. NEW BUSINESS G-1: Bills to be paid - bills to be ratified Administration recommended approval of bills as submitted. MOTION: Councilman Morgan moved, seconded by Councilwoman (flick, for _ approval of bills to be paid and bills to be ratified as listed. Motion passed unanimously by roll call vote „ G-2: Ordinance No. SW77 - Special Revenue Fund entitled "Kenai Volunteer Fire Dept." Mayor Elson read Ordinance 350-77 by title only. "An ordinance of the Council of the City of Kenai establishing a special revenue fund entitled "Kenai Volunteer Fire Department" and increasing estimated revenues and expenditures in such fund by $740." Mr. Wise reported that these funds were to be used for the purchase of a flag l pole for the Kenai Public Safety Building which will be presented to the City by the Volunteer Fire Department. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for introduction of Ordinance No. 350-77, establishing a special revenue fund entitled "Kenai - Volunteer Fire Department" and increasing estimated revenues and expenditures in such fund by $740. b Motion passed unanimously by roll call vote. t+ KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 9 G-3: Ordinance 361-77 - Captial Project Fund "Kenai tewerage Project" Mayor Elson read Ordinance 351-77 by title only. "An ordinance of the Council of the City of Kenai establishing a Capital Project Fund entitled "Kenai Sewerage Project No. C-020077010." Mr. Wise reported that the City of Kenai had been awarded a grant in the amount of $73,400 for the project with funding from the U. S. Environmental Protection Agency, State of Alaska and the Kenai Peninsula Borough. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for introduction of Ordinance 361-77, establishing a Capital Project Fund entitled "Kenai Sewerage Project No. C-020077010. Motion passed unanimously by roll call vote. G-4: Ratification of purchase of sign baking machine MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for ratification of approval to proceed with purchase of a sign baking machine from 3-M Company in Anchorage for an amount not to exceed $4, 500. Motion passed unanimously by roll call vote. G-5: (See item C-3, Persons Present Scheduled to be Heard) G-8: Contract for Janitorial Services - Kenai Municipal Airport Building MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of contract for janitorial services between the City of Kenai and Tim's Janitorial Service, for the Kenai Airport Terminal building commencing July It 1977 and ending June 30, 1978 for a total of $1,630.20 per month. Motion passed unanimously by roll call vote G-7: Lease/Kenai Peninsula Community Care Center MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of lease of Buildings 105 and 106, FAA Housing Area to the Kenai Peninsula Community Care Center for a term of one year at a monthly rental of $770.25. Motion passed unanimously by roll call vote 0 KENAI CITY COUNCIL, REGULAR MEETING, JULY 8, 1977 Page 10 G-8: Lease/Glacier Mate Telephone Company MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for approval of lease of Lot 4, Block 5, Cook Inlet Industrial Air Park to Glacier State Telephone Company for a term of one (1) year at the annual rental rate of $783.90. Motion passed unanimously by roll call vote. G-9; Special Use Permit - Glacier State Telephone Company MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for approval of Special Use Permit for Glacier State Telephone Company for use of street right-of-way between Lot 4 and Lot 5, Block 5, Cook Inlet Industrial Air Park for pole and wire storage for a term commencing July 1, 1977 and ending June 30, 1978 at an annual rental of $125. Motion passed unanimously by roll call vote 0-10: Special Use Permit - Katmai Motel MOTION: Councilman Sweet moved. seconded by Councilwoman Glick, for approval of Special Use Permit, Katmai Motel, to operate a direct telephone line and display a poster in the Kenai Municipal Airport Terminal for a term commencing July 1, 1977 and ending June 30, 1978 for a total fee of $90. Motion passed unanimously by roll call vote. G-11: Amendment to Lease - Katmai Motel MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of amendment to lease/Katmai Motel, Inc., on Lot IA, Part 3, Alyeska ISM for a rate of $1,540.90 per year commencing July 1, 1977 and ending June 30, 1982. Motion passed unanimously by roll call vote G-12: Lease/Kenai Air Service MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of lease to Kenai Air Service for Counter Space #18A (100 sq. ft.) in the Kenai Municipal Airport Terminal for a term of one year at the annual rental of $1,080. Motion passed unanimously by roll call vote. i c , Y I 0 KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 11 G-13: Special Use Permit - Kenai Air Service, Inc. MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, for approval of Special Use Permit to Kenai Air Service, Inc. to operate a direct telephone line and display a poster in the Kenai Municipal Airport Terminal for a period of one year commencing on July 1, 1977 at a total fee of $96. Motion passed unanimously by roll call vote. G-14: Amendment to Lease - Teamsters Local #959 MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of amendment to lease, Teamsters Local 959, on Lot 9, Block 1, Cook Inlet Industrial Air Park, for the period commencing July 1, 1977 and ending June 30, 1082 at $1,186 per year. Motion passed unanimously by roll call vote G-15: Special Use Permit - Andy's Flying Service MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, for approval of Special Use Permit to Andy's Flying Service to operate a direct telephone line and display a poster in the Kenai Municipal Airport Terminal Building Commencing July 1, 1977 and ending June 30, 1978 for a total fee of $90. Motion passed unanimously by roll call vote G-16: Amendment to Lease - Charles J. & Roberta J. Crabaugh MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of amendment to lease of airport lands and facilities for Charles J. and Roberta J. Crabaugh, for Lot IA, Deshka Subdivision, and amending such lease further to include under item (2) "convenience grocery store ...... and other retail facilities. Also under item (3) amend sixty feet to 56 feet and shall be completed by June 30, 1979. Motion passed unanimously by roll call vote G-17: Appointment to Kenai Planning & Zoning Commission Council unanimously approved the appointment of Mrs. Diana Lundstrom to the Kenai Planning a Zoning Commission. 0-18: Assimment of Lease - Katmai Motel, Inc. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of f rI KENAI CITY COUNCIL, REGULAR MEETING, JULY 0, 1977 Page 12 collateral assignment of Katmai Motel, Inc, pertaining to Pnreel No. 1 (Lot 1, _ Part 3, Alyeska Subdivision and Parcel No. 2 (Lot 1-A, Part 3, Alyeska S/n to NABALASKA and Co. contingent upon review of the Collateral Assignment by the City Attorney. Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report #20 (a) Sr. Citizen complex - Mr. Wise advised that a 24-unit complex in Old Townsite is now under construction and is valued at $900, 000. (b) Only one bid was received for lease of lot 1, Block 2, General Aviation Apron, and that was from Andy's Flying Service, Inc. at an annual rental of $525. Mr. Wise advised that the bid and lease application will be submitted to the Kenai Planning Commission on July 13th for their review and comments. (e) Mr.Wise advised that he would be attending a meeting in Anchorage on Thursday at the Department of Interior on conditions of lease sale in Lower Cook Inlet. MAYOR 0 COUNCIL - QUESTIONS AND COMMENTS Councilman Morgan inquired if any City streets had been oiled and was advised by the Public Works Department that it was awaiting repair parts so that the oiling could be accomplished. Councilwoman Glick stated that she had received inquiries as to why the City was not cutting the grass at the various baseball fields in town and was advised that City did not have a lawnmower as yet but would have a transfer of funds before Council at the next meeting to assure a purchase. City sidewalks -- Council unanimously concurred that the sweeping of sidewalks through the City must be achieved -- either by the City or the State. Councilwoman Glick inquired as to the status of the street lights at the schools as requested by the Fandels and was advised by Administration that the two lights were found to be necessary, one more essential than the other, however, the City needed a contract on all the lights for replacement, repair, etc. -- Councilwoman Glick stated that a stop light was needed at Willow Street and Beaver Loop and asked if the City could encourage the State to consider v this area? Administration advised a survey would have to be conducted at the area by the State before a determination could be made. I 4 C KENAI CITY COUNCIL, 1WGUIAR MEETING, JULY 0, 1077 Page 13 11-2: City Attorney's Report With regard to the Court System billing, the City had received a letter from the Attorney General's office and war advised that if City did not pay by 7-11, the State would sue, however, Representative Malone contacted the State in behalf of the City and the City will not havo to pay until such time the Legislature has made a determination on the matter which concerns several cities within the State. Kenai Baptist Temple building has still not been sold, however, the City has been advised that the sale is Imminent. The City has been in contact with the Court and the Court is sailving up oral arguments on the appeal scheduled for some time In September. City Attorney Williams asked If Council would like a draft of exceptions to competitive bidding drawn up and was so directed by Council to proceed. H-3: Mayor's Report Mayor Elson advised that he had attended a meeting of the Board of Directors of the Alaska Municipal League and Jim Rolle was selected as the Executive Director of the League. At the August board meeting the directors will be considering opening an office In the Anchorage area, Coastal Zone Management - Mayor Rlson advised that Governor Hammond had requested nomination of elected officials from nine varying regions in the State to serve on a policy board, The Borough Assembly, at their meeting of July Sth, had nominated Mayor Gilman, Assemblyman Cooper and Mayor/Assemblyman Elson for the Governor's consideration. Mayor Elson advised the Council that they could make further nominations. There was no further nomiation from the City of Kenai and the Clark was Instructed to write a letter to Governor Hammond endorsing the nomination of Mayor Elson, H-4: City Clerk's Report Clark Bus Peter advised Council that she would be attending a meeting of the Alaska Public Offices Commission Monday, July 18th and would be garnering more information concerning the financial disclosure laws. Councilman Sweet requested that financial disclosures and campaign disclosures be placed on the ballot In the up -coming election In October. Council so concurred and the City Attorney was directed to draft the proper language. NIP" KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1077 Pap 15 advised that his company would make every economically feasible effort possible to make the facility accessible to the public on a fun -time basis. EXECUTIVE SESSION City Attorney Williams advised that five members of Council must be present in order to adjourn into an executive session. ADJOURNMENT There being no further business to be brought before Council, Mayor Elson adjourned the meeting at 10: 50 p.m. Respectfully submitted, Su C. Peter, City Clark M August 18, 1979— Page 13 H-5: Finance No report H-6: Planning a Zoning Councilwoman Glick reported on the Planning Commission meeting of August 8th in which the application to the Department of Army for a permit to construct a fill, bulkhead, and boat ramp in the Kenai River by Miles Dean was discussed, review of the Park View Subdivision - preliminary final; Parks and Recreation Commission's request for land for recreational purposes; preliminary/final plat for Nissen Subdivision No. 2; and lease application for lots 1, 2, and 3, FBO Subdivision submitted by John and Kristine Stoehner. . H-7: Borough Assembly Councilman Ambarian reported that at the August 14th meeting of the Assembly, main topics of discussion included reapportionment, bond proposal for hospital expansion, the school bond ordinance and the KCHS auditorium. 1 H-8: Harbor Commission ; I The Commission reviewed the Tidelands ordinance in-depth. n MAYOR a COUNCIL - QUESTIONS AND COMMENTS Councilwoman Glick brought up the subject that in June Council discussed the legal ramifications and possible conflict of interest as pertains to Councilman Aber in that he was serving on the Kenai City Council and was employed by the City of Soldotna. , Councilwoman Glick advised that she had several inquiries from citizens who questioned the legality of Councilman Aber remaining on the Council and Councilwoman Glick would, therefore, request an opinion from the City Attorney. t Councilman Ambarian stated that Councilman Aber meets all the qualifications and criteria to be a member of the City Council and, consequently, there was nothing to discuss. Councilwoman Glick stated that the subject first came u at a Planning Commission meeting p g g i at the time of the Kenai/Soldotna baseball game in which an individual inquired as to what side would Phillip Aber play on? Also, another resident from Soldotna called j and emphasized that Phil Aber was the best Public Works Director Soldotna had had, however, questioned the possible conflict of interest. City Attorney Schlereth stated that when the question was asked initially he reviewed the Charter and the only possible item of concern would be that Councilman Aber must abstain from voting on en possible items of conflict. Councilman Seaman commented that he could not see any possible legal problem, however a certain amount of "flack" is naturally expected. Ulf REPORT, Page Two 7. We are listing under "Persons Present Scheduled to be Heard" Mr, Fdward Garnett representing Arctic Aviation. I did this in that 1 am not sure that Mr. Garnett will be present but there is a strong possibility he may be and the subject here will be the re -determination of a lease rate for a particular lot which is under the five year renegotiation clause. The assessed fair market value times a 6% return factor created a lease rate which they feel to too high for the specified use of the land which is aircraft parking. They have responded in writing by an objection and propose essentially a mid -point rate as a point of negotiation. The documents will be in this report and available for your perusal. It may be appropriate due to the specified use and the continued use of the land that a rate lesser than a actual 8$ return may be properly acceptable by the City. 8. Ordinance 350-77, which is a Special Revenue Fund in behalf of the Kenai Volunteer Fire Department, The Volunteers desire to present the City with - a flagpole for the Fire Department. To accommodate them and to save some expense to that particular group it is desirable that we accept the donation and then make the purehasse using the City's name to minimize the cost of the flagpole. I recommend approval of this particular ordinance. 9. Ratification of purchase of sign baking machine and the awarding of the contract for the purchase of the machine. The four members at the Special Meeting of June 29, 1977 were contacted individually at the conclusion of the meeting and they agreed to award the purchase to 3-M for a VAL-11 at some $3,855. This is required prior to the end of the fiscal year so that we can make proper commitment and appropriate funds out of that fiscal year's budget. However, we do need th+s confirmed to meet the bidding law requirements. 10. Ordinance 351-77 for introduction is to fund the Step I of the Sewer Treat- ment Plant Project Study. It receives in appropriations from the Federal Grant, the State Grant and the Borough contract as well as City funds to fund the $70,000 involved within the contract itself. I recommend approval. U. Janitorial Contract -- this is approval of the contract for janitorial servias in the Kenai Terminal Building, Actually, the bid was awarded some time ago and they have been used in the building with the termination of our previous Janitorial service. But we need to have the contract for this coming year properly approved. 12. Appointment to Planning Commission of Mrs. Diana Lundstrom. 13. In the body of the "New Business" there are several leases which are up for approval as to renegotiation of terms (i.e. the re -appraisal), some are terminal leases which are annual "Special Use Permit" and so forth. All are In order and as we requested through the reevaluation and the renegotiation. In the event that Mr. Garnett does not speak under "Persons Present Scheduled to -_ - be Heard" on the Arctic Lease, we have that on as a New business Item. We should discuss this at this time if it is not previously discussed. e n • REPORT, Page Three 14' I have received word from the FAA that the 29 acres (Beaver Loop to the Spur Highway and Walker Lane) will be released and the documents are being prepared now for review by the FAA attorneys. I would also note that the party that was interested in a motel site of some 7 acres at the corner of Heaver Loop and the Spur will present a lease application concept -type to the Planning Commission on the 13th, 15. City Attorney to trying to contact Mr. Vadan to determine his response to our letter following last Council meeting relative to naming principals and a commitment as to either performance bond or some type of escrow as to the renovation of the building. He has responded by telephone, however, we have not received any additional word from him -- we are trying to make contact at this time to determine exactly what the status is. 10. We will have a revised draft of the Salamatof Seafoods, Inc. lease for the dock and some proposed change in language to the Use Permit for your review by next meeting. I believe that it to essential that this be cleanly reviewed as we must make it available to the public as I understand there is some public protest over the lease itself. 17. Engineering on the Roads 6 Trails Program and on the Water Line and Sower Line for Tinker Lane have commenced and hopefully we will have the data for the Council to enable us to make a determination as to where we are actually going to proceed. 18. The zoning amendments that were referred back to the Planning Commission by the Borough Assembly have been essentially revised by the Planning Commission, They will be reviewed in their revised form on the 13th and probably at that time scheduled for public hearing the 27th of July. There to every reason to believe that they will be going back to the Assembly, Iwpefully in early August, for their action. 19. In coordination with our consultants CH2M Hill, the City Attorney and myself, we have dratted a response to the Stipulation prepared by EPA relative to our violation of our permit on the operations of the Sewer Treatment Plant. Again, we have proposed a $100 fine, however, we have added language to indicate that some of our problems were created by the stringent limits of the permit itself and that we are taking action in good faith to overcome this as rapidly as possible. 20. In the packet is a memorandum relative to the Fire Department and their resignation and other demands. I would like to discuss this with Council in Executive Session as I feel its a personnel matter and should not be discussed in public. r 0 -- -- _ "r - .yam �_• � __.r., r._hl,� - rfir-s-._ r , t nEPORT, Page flour 21, The office relocation project is moving slowly but its movie W a ha d g. vo one the basic tearing out of partitions in the other office and have come to a basin agree- ment within the staff as to how the offices are to be arranged. hopefully, we will be able to move on this project without too much delay. 22. Our Muster Plan consultants on the Airport Study will be in Kenai the week of the Uth and on the 14th in the Public Safoty Building we will have a meeting of the Airport Advisory Committee and also any interested citizens, We will publicize the meeting to insure we have as much public input as is reasonable and is possible. You are all encouraged to attend. . I 's r '