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HomeMy WebLinkAbout1977-07-20 Council Minutest A (IF,N1)A I IMMAR f1D:N'1'INO - KENAI cin t`Oi!NCII, IC .1111,Y 20, I1t77 - 8;00 11.81, KENAI i'Ultl,l(: HAt IMT 111111,1)ING 1 1't 1!00i; UP A1.1,1!(ilAi)Cli A. I10IJ, CALL AAI!NI)A APPROVAL R, PU11LIC Iii;ARIN41t 1, 0MInnnee No. 350-77 - RpQ0181 Revenuu Fund "Kenai Volunteer Piro pepnrtmront" 2, 01AW011ee Nip, 351-77 - Capitnl Project fund "K(nol Sovierngo Projeni" S. Ordinance No. 352-77 - Daclarfng publla nulanncon exiat on certain parcels of Peril property wittrtn the City of K(inni 4, Application for now retail fieenno - The Liquor $taro L, I I - C, 111MAONli PUSYN 1' ACIUMV1,91) TO OF NP.AR)) 1. Roland itayinrmd - Regarding ahnnyes to Zoning Ordinances 2, Mr. Janson Airport Bar and Cafe Propoaci S. Peninttuln 4-17heefara - Use of Cityowned land for Play t)n rill Y Y 0, 1111NUTFU I 1, Minutes of tho regular meeting of duly o, 1077 L', CORRPOPONIMNCl: F. WID A116011103 t4 " ' 1, Leese of Terininnl Rpnee - Vesta Leigh 2, Viseusrilon - Lease of Terminal tsar o Cafe (i, NRW Rl)l31NP $ I -= 1, 111110 to be paid - bills to be ratified - I 2, Ordinance 353-77, Inerensing Katimated itevenues a Appropriat Iona a, Rarelutim), 77-05 - Accepting peed of Release from FAA 4, Berolutton 77 00 - Trnnsfor of Funds - Perks t; Recreation Department 5, liosolullon 71-07 - Authorizing award of contrnet - purchase of tractor a movier o, Periodic Krtimato 08 - Brown Conntruntion Company D Y 7, Corrected Pnyment ystimato 80 - interstate Company, Inc, ; p, Chanon Order 7-IN - inter•slnte Company, Inc, 0, 1,0090 Cenenpt - Rerendipity Viaterysdzes Q to, Di(sousalon Local Public Warkn Projealn (Reservoir, eto,) 11, l 12, 14. 15, to, w is. a a 11, WORTS 1. City Elnnager•'s Report 621 '--_ 2, City Attornoy'a Report 3, f!layor's Report 1 4. City Clerk's Report 5, 1'inonce i)in;ator'n itepert f._ 0, Pionoing to Yoning Commlanian'n Report 1 'I • Kenai Perls.aulo borough Aarsernbly's Rcryrort 1 P1K MON's PIZVHPNT NOT HCi1F.UUt,PI) 110 by 1tYARD i ADJOUP.ti UNT ' n KENAI CITY COUNCIL - REGULAR MEETING} JULY 20, 1977 - S: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Tom Ackerly, Edward Ambarian► Betty Glick, Richard Morgan, Walter Sweet, Dan Whelan and James Elson Absent: None AGENDA APPROVAL The following additions were approved: C-3: Peninsula 4-Wheelers - regarding 4x4 Play Day F-2: Discussion - Terminal Bar a Cafe Lease G-10: Discussion - Local Public Works Projects (reservoir, etc.) h t _ B. PUBLIC HEARINGS B-b Ordinance No. 350-77 - Special Revenue Fund "Kenai Volunteer Fire Depart." j Mayor Elson read Ordinance 350-77 by title only as copies were distributed for . public information prior to the meeting. "An ordinance of the Council of the City , of Kenai establishing a special revenue fund entitled "Kenai Volunteer Fire i Department" and increasing estimated revenues and expenditures in such fund by $740." Mr. Wise advised that the Kenai Volunteer Fire Department had donated $740 to the City for the purchase of a flag pole at the Public Safety Building. d Mayor Elson opened the hearing to the public. There was no public comment, f MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, for adoption 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. i Motion passed unanimously by roll call vote. B-2: Ordinance No. 351-77 - Capital Project Fund "Kenai Sewerage Project" Mayor Elson. read Ordinance No. 351-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai establishing a capital project fund entitled "Kenai Sewerage Project No, C-020077010." 1 i 0 J KENAI CITY COUNCIL, REGULAR MHETIN0, JULY 20, 1977 Pago 2 Mayor Elson opened the hearing to the public. There was no public input. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 351-77, establishing a capital project fund entitled "Kenai Sewerage Project No. C-020077010." Motion passed unanimously by roll call vote. B-3: Ordinance No. 352-77 - Doolarincr Puhlie Nuiannnna vviat nin Mayor Elson 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." Mayor Elson opened the hearing to the public. The Clerk read correspondence received with regard to item 01 - Lot 5, Block 5 (Mission A Overland) Parcel 0047-071-0000; item #0 - Lot 3, Block 5 - Overland Avenue/Parcel 047-071-0500; and item OS. Lot 21, Block 16 (Upland Avenue) Parcel 047-002-1700, all of which contained responses indicating certain conditions would be met with regard to certain public nuisances existing on the above mentioned parcels. There was no further public comment. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for adoption of Ordinanco No. 352-77, declaring that public nuisances exist on certain parcels of real property within the City of Kenai and to include under Section 2 that such public nuisances be abated by July 20, 1977. Mr. Wise advised that some time would be involved in abating these public nuisances plus Administration would have to come back to Council with proper accounting procedures to obtain necessary funding for the project. Mr. Wise suggested that perhaps as the ordinance would not be effective until thirty days after passage, the Council would consider setting August 20, 1077 as the abatement date. MOTION - AMENDMENT Councilman Sweet moved, seconded by Councilman Whelan, to amend the motion to include under Section 2 that such public nuisances be abated by August 20, 1077. QUESTION - A14ENDME14T Motion passed unanimously by roll call vote QUESTION - MAIN, AS AMENDED Motion passed unanimously by roll call vote i . 0 I 0 KENAI CITY COUNCIL, REGULAR MEETING, JULY 20, 1977 B-h: Application for New Retail License - The Liquor More Page 3 Mayor F.lson advised that the City had received a notice of an application for now retail liquor license for the Liquor Store, MRS Enterprises, Inc.; President Frank M. Sweenev: Vice President .lames T. Russell; Secretary Ronald L. Malston; Rig Building, 1200 Main Street. Mayor F.lson advised that the Alcoholic Beverage Control Board had requested response from the City as to whether or not this now application met population and zoning criteria. Council unanimously directed the Clerk to respond to the inquiry from the ABC Board as to whether population and zoning criteria are met and Council further directed that no protest be submitted with regard to issuance of the license. C . PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Roland Raymond - Regarding Changes to Zoning Ordinances Mr. Raymond, Chairman of the Kenai Planning a Zoning Advisory Commission, came before Council to explain the status of the proposed changes to the Zoning ordinance which the Planning Commission is preparing for presentation to the Borough. Mr. Raymond further advised that as soon as the changes had been made, public hearings would be hold and the Council would be advised of the final changes to be presented to the Borough. These changes will include multi -family dwelling construction within rural/suburban areas, etc. C-2: Mr. Jensen - Airport Bar a Cafe Proposal Mr. Jensen stated that he had submitted a bid for lease of the airport cafe and bar and advised that he and his wife had lived in Alaska since 1053; were experienced in the restaurant business -- wife has 40 years experience and Mr. Jensen had 15 years experience. Mr. Jensen further stated that if allowed the lease, he would guarantee a clean facility and good food, Mr. Jensen offered 10% of the total gross plus negotiating terms of remodeling of the facilities presently occupied by the City lull offices. Councilman Whelan inquired as to what percentage of costs would Mr. Jensen expect the City to bear? Mr. Jensen replied that he had hoped the city would assume responsibility for all remodeling. Councilman Sweet asked if Mr. Jensen would then replace the coverings on the floor and Mr. Jensey reported that he would expect this would be part of the remodeling costs borne by the City -- Mr. Jensen stated he would be responsible for the decorating and furnishings. Mayor Elson inquired if Mr. Jensen had been involved in bankruptcy proceedings, had any license relvolked by the Health Department, etc. Mr. Jensen reported that he and his wife had been invohred In bankruptcy proceedings in 1962 when they owned and operated a Tastee-Freeze drive-in. One facility they had operated had been successful and they opened another facility which lost access to the public when the highway department did exc©sslive repair work to the street. Mr. Jensen explained the proceedings in depth and advised that an attorney had urged them to take out bankruptcy as a local dairy was going to demand immediate payment after Mr. Jensen had worked out details to make payment on the installment plan. mini ..r KENAI CITY COUNCIL, REGULAR MORTIN0, JULY 20, 1077 Page 4 Mayor Elson stated that as the matter of the lease of the Airport bar and We appeared later on the agenda, the Council would further discuss Mr. Jensen's proposal at that time, C-3: Peninsula 4-Wheelers - Use of City owned land for Play Day Mr. Glen Henry, representing the Peninsula 4-Wheelers advised Council that his group had scheduled a Play nay for the up -coming weekend and a portion of the events would involve using the beach area in front of the Sewer Treatment facility. Mr. Henry requested Council permission to use this area and advised that arrangements had been worked out with the Police Department to comply with certain rules and regulations set forth, Councilman Whelan inquired as to the opinion of the Police Chief and the City Attorney, City Attorney Williams advised that Chief Ross had set up criteria which the group must meet and In regard to the liability problems, the participants must sign a release to hold the City harmless, MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of use of beach area in front of the Sewer Treatment Plant for the 4-Wheelers Play Day, Saturday, July 23rd . Motion passed unanimously, Q D. MINUTES D-k Minutes of the regalar meeting of July 6, 1977 The minutes were approved as distributed E. CORRESPONCE E-1: Senator Stevens Mayor Elson acknowledged receipt of a letter from Senator Stevens in which the Senator advised that he has contacted EPA with regard to the violations against the City -- Senator Stevens will advise when further word is received by his office with regard to the matter. E-2, Office of the Governor Mayor Elson advised he had received word from the Office of the Governor that there would be a Coastal Zone Management program workshop in the Kenai-Soldotna area in the near future. -= E- a: Representative Lee Rhode Mayor Elson stated a letter had been received from Representative Rhode in which he advises that funding from the Federal government and the Borough are being actively sought for the North Kenai Water Project, Collier Carbon J L, � i , Ijj i , I I I i j KENAI CITY COUNCIL, REGULAR MEETING. JULY 20, 1977 Page 5 and Chemical had donated funds to be used for the project too. F. OLD BUSINESS F-h Lease of Terminal Space - Vesta Leigh MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for approval of loose of Lobby Space No, 31 (225 square feet) in the Kenai Terminal Airport Building, for a term of eleven months with option to renow as specified in Schedule A of the Lease for a cost of $135/month. F-2: Motion passed unanimously by roll call vote Discussion - Lease of Terminal Bar a Cafe Administration presented a breakdown of the Airport Aar & Cafe proposals from Mike Huss, Gillis s Krueger, Paul Vadan and Brian Peck, Mr. Wise also reported that two additional proposals had been submitted after the list was prepared and they were from Mr. Jansen and Bill Schweitzer. Mr. Wise explained the background of the various individuals. City Attorney Williams reminded Council that it had accepted the proposal as submitted by Paul Vadan contingent upon an acceptable agreement could be reached within a reasonable time -- at this time no response in writing had been received from Mr. Vadan since the Council action. Councilman Whelan inquired if Mr. Vadan had objected to a particular area of the agreement and was Advised by City Attorney Williams that Mr. Vadan had objected to posting of the performance bond as requested by the City -- however, Mr. Vadan was trying to contact Mr. Peck and negotiate with him regarding the furnishings in the exioting cafe and bar. Mayor Elson stated he felt that the City and applicants should not have to negotiate with Mr. Peck on the furnishings as it appears that negotiations with Mr. Peck are creating some difficulties with regard to leasing of the facility. Mr. Wise advised that he had reported to the Pecks that they would have to vacate the premises on 15 days notice, however, Administration had not received instructions from Council to proceed along those lines. Councilman Morgan inquired as to how the City stood legally with Mr. Vadan and was advised by City Attorney Williams that the City had not signed an agreement but should notify Mr. Vadan, giving him a certain amount of time to either comply with the requests of the Council or drop all further negotiations. Councilman Ambarian recommended that the City Manager and the Committee meet with the various applicants finalizing all proposals so that the matter can be presented to the Cot:veil at their next meeting, rj f "1- 41r.. Kt7_ a1.•l'lr llr.riw '/ KENAI CITY COUNCIL, REGULAR MEETING, JULY 20, 1977 page $ MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, to authorize Administration to proceed with giving notice to Terminal Enterprises to vacate the bar and cafe within 16 days of this date. Mayor Elson stated he felt this would be the proper direction to take so that Administration could give notice to Mr. Peak to vacate so that there would be no further barriers in negotiations with prospective lessees. Councilman Sweet stated he would like to see what the Committee proposed as his motion was made to enable Administration to proceed without further delay. Councilman Sweet, with concurrence from Councilman Ackerly, withdrew his motion. MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, that Council authorize the Ad hoc Committee to set conditions for vacation by Terminal Enterprises of the bar and cafe within 18 days and to review all proposals submitted and select a viable number of one or more of the applicants for presentation to the Council at their next regular meeting. Motion passed unanimously by roll call vote Council instructed the City Attorney to contact Mr. Vadan notifying him that if he has not responded within a reasonable amount of time and the City, therefore, must assume that he no longer wishes to negotiate further. MOTION: Councilman Morgan moved, seconded by Councilman Aekerly, to notify Mr. Vadan that he has 48 hours in which to respond or the City will resume negotiations with other prospective parties for lease of the airport bar and cafe. Motion passed unanimously 0. NEW BUSINESS G-1, Bills to be paid - bills to be ratified MOTION Councilman Morgan, moved, seconded by Councilman Whelan, for approval of those bills listed for payment and approval of ratification of those items as listed. Motion passed unanimously by roll call vote with Councilman Ackerly not present for voting. SJ � w r R 1 ` KENAI CITY COUNCIL, REGULAR MEETING, JULY 20, 1977 Pago 7 G-2: Ordinance No. 353-77 - Increasing Estimated Revenues a Appropriations Mayor Elson read Ordinance 353-77 by title only. "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations in the amount of $22,002 for Title 11, Anti -recession revenue sharing funds." MOTION-. Councilman Sweet moved, seconded by Councilman Ambarian, for introduction of Ordinance No. 353-77, increasing estimated revenues and appropriations in the amount of $22,002 for Title II, Anti -recession revenue sharing funds. Motion passed unanimously by roll call vote G-3: Resolution No. 77-95 - Accepting Deed of Release from FAA i Mayor Elson read Resolution 77-96 by title only. "A resolution of the Council of the City of Kenai accepting Deed of Release from the Federal Aviation Administration of two adjacent parcels of land lying in the southeast one -quarter of Section 32, T6N, RIM and within Government Lot 1, Section 5 North, R11W, Seward Meridian." I ` MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of ` Resolution No. 77-95, Accepting Deed of Release from FAA and amending such resolution to include General Service Administration in pertinent areas. Motion passed unanimously by roll call vote. j 1 G-4: Resolution No. 77-96 - Transfer of Funds - Parks a Recreation Department Mayor Elson read Resolution No. 77-96. "Be it resolved by the Council of the City of Kenai that the following transfers of monies be made within the 1977-78 General Fund Budget. From: Parks/Salaries a Wages - ($2,000); Parks/ Operating Supplies - $(500); and Parks/Repair a Maintenance Supplies - ($700) . To: Parks/Machinery a Equipment - $3,200. The purpose of this resolution x to to transfer funds within the Parks Department budget in order to purchase a 4 tractor. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for approval j of Resolution 77-96, Transfer of Funds within the Parks a Recreation Department { Budget in the amount of $3,200 for the purpose of purchasing a tractor. Motion passed unanimously by roll call vote. fir= i i i } i , KENAI CITY COUNCIL, REGULAR MEETING, JULY 20, 1977 W M Pago 8 G-6: Resolution No. 77-07 - Authorizing award of contract - purchase of Tractor a Mower for Recreation Department Mayor Elson read Resolution 77-97. "A resolution of the Council of the City of Kenai authorizing award of contract for the purchase of a Parks tractor and mower. Whereas, the City is in need of a tractor with mower accessories to properly maintain ground areas at the City parks, and Whereas, two proposals have been received, to wit: Cycle City (John Deere) at $3,970 and Dunamis Electric (Simplicity) at $3,679.63, and both meet specifications proposed, and Whereas, it is deemed that the (John Deere 300) (Simplicity 7016) to the beat buy for the City based on prices, service availability, and quality of construction. Now, therefore, be it resolved by the Council of the City of Kenai to purchase from (Cycle City a Ski-Doo Sales) (Dunamis Electric) a (John Deere 300) (Simplicity 7016) tractor and accessories in the amount of ($3,970)($3,679.63). MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for adoption of Resolution 77-97, authorizing award of contract to Dunamis Electric in the amount of $3,670.63 for the purchase of a Simplicity 7016 Tractor. Councilman Sweet inquired as to the warranty guarantee and the status of litigation pending against Dunamis Electric. Public Works Director Phillip Aber advised that there was a Simplicity dealer located in Anchorage. City Attorney Williams advised that the purchase of the Simplicity 7016 tractor would be through Dunamis Supply and not Sunamis Electric as Dunamis Electric did have legal action pending against it. Motion passed by roil call vote. Voting yes; Ackerly, Ambarian, Glick, Morgan and Whelan. Voting no; Sweet and Elson. G-6: Periodic Estimate #9 - Brown Construction Councilman Ambarian inquired as to who was responsible for the landscaping at the now well and was advised that Brown Construction would be responsible. Councilman Morgan also reported that several areas where the water line was Installed, the construction areas were left in very poor conditions -- mud holes existed, sta. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, to table Periodic Estimate #8, Brown Construction, until such time Brown Construction had completed the construction areas and restored them to an acceptable state. Motion passed unanimously. t - - 4-1 KENAI CITY COUNCIL, REGULAR MEETING, JULY 20, 1977 page 9 G-7: Corrected Payment Estimate #9 --Interstate Company MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of Corrected Payment Estimate #9 to Interstate Company, Inc, in the amount of $58,488 for Kenai Water Project EDA 07-01-01684. Motion passed unanimously by roll call vote G-8: Change Order 7-IN - Interstate Company MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of Change Order 7-IN, Interstate Company, Inc, in the amount of$7,222 for Kenai Water Project 07-01-01684. Motion passed unanimously by roll call vote. I G-9: Lease Conceot - Serendipity Enterprises Mr. Wise advised Council that this request for lease of City owned lands involved the 29 acres just released by the Federal Aviation Administration. p Mr. Richard Swain, representing Serendipity Enterprises, explained that !� it was the intent of his client to build a motel complex consisting of a 40 room motel, restaurant, lounge and shopping arcade. The proposed project is to be located at the intersection of Kenai Spur Highway and Beaver Loop Road and it was the intent of Mr. Swain's client to begin construction just as soon as negotiations could be reached with the City of Kenai for lease of the subject property. Mr. Wise advised that once the land was platted the City would have it properly appraised to determine the lease rate which the standard procedure is 6% of the appraised value. Mr. Wise stated that Administration needed approval of the concept prior to platting of the tract of land just released by the FAA. E MOTION: I Councilman Sweet moved, seconded by Councilwoman Glick, for approval of _— the concept for a motel complex as an acceptable proposed use for the parcel of land in question. Motion passed unanimously by roll call vote Mayor Elson stated that when a new parcel of land became available, it was -- properly advertised, bids received for lease of the land and the lease rate - - determined by the bid amounts. Mayor Elson stated that he felt this was a valuable parcel of land and the City must garner the best possible lease rate _ from it. r KENAI CITY COUNCIL, REGULAR MEETING, JULY 20, 1077 Page 10 Councilman Whelan stated that the City must determine a definite policy on lease of City owned lands and this policy would set the criteria for lease procedures, lease rates, etc. Councilwoman Glick stated that it was her opinion that duo consideration should be given Serendipity as it was through their efforts and request that the land was made available -= this group has expended time, energy and considerable funds and it did not appear to Councilwoman Glick that they should be requested to enter into bidding procedures. Councilman Whelan stated that the City has had several problems in the past without written rules and procedures as to the management of the City owned lands ane encouraged the City to proceed without further delay in preparing a policy. Council directed that the City Attorney investigate and resolve the question of the FAA requirements with regard to the City having to go to bid on new parcels to determine the lease rate or whether they could establish a lease rate through appraisal. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, to direct Administration to proceed with platting of that portion of the parcel requested for a motel/shopping arcade complex and include protection of Walker Lane. Motion passed unanimously by roll call vote MOTION: Councilman Morgan moved, seconded by Councilman Sweet, that tho Council authorize the City Manager to enter into negotiations with Serendipity Enterprises for lease of that portion of the parcel requested subject to confirmation of legal requirements for setting lease rate as set forth by the Federal Aviation Administration. Motion passed unanimously by roll call vote. Councilman Morgan inquired as to the status of the land release of the request for lease by Patrick O'Connell and Tom Ackerly and was advised by Administration that the City was awaiting the survey of the property in question. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to direct Administration to prepare a resolution requesting release from the Federal Aviation Administration for that particular parcel of land requested by Mr. O'Connell and Mr. Ackerly. Motion passed unanimously by roll call vote with Councilman Ackerly �sb�ining . i 1 I I _ 0 KENAI CITY COUNCIL, REGULAR MERTIN0, JULY 20, 1977 Page 11 0-10: Discussion - Local Public Works Projects (Reservoir, etc.) Mr. Wise advised Council that the City had just received word it would receive Local Public Works Round II funds and had directed the City to respond within 28 days to priority projects and proposed use of the funds. Mr. Wise recommended the priority projects as follows: (1) Reservoir; (2) up -grading of Lilac, Walker, Lupine, Wilson and Kaknu Streets; (3) Assessment districts for the PBO's on Willow and on McCollum Street and paving of Redoubt Way, etc. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for approval of the priority projects as recommended by Administration Motion passed unanimously by roll call vote H. REPORTS H-I. City Manager's Repots In addition to City Manager Report #21, a copy of which is attached and hereby becomes an official transcript of the proceedings of this meeting, the following items were discussed: 0) l Section 36 lands -- Councilman Morgan inquired the status of the Section 36 lands and was advised by Mr. Wise that he had talked with the Borough Mayor and had not received a reply as to the matter. (2) City Owned Lands Management Policy -- Councilman Morgan and Councilman Whelan requested that Administration prepare a proposed policy plan for i use as guideline procedures in the management of City owned lands. d (3) j Limited useage of water in City -- Councilman Whelan inquired as to the status as the Public Works Director had reported that a restriction may have to be enforced -- Mr. Wise advised that the City was considering restricting washing of cars, watering lawns, etc., however, the need had not arisen at this time. p (4) Councilwoman Glick advised that she had received two calls -- one in regard to Mandos Tacos and inquired as to the legality of them parking and selling out of their van next to the super market. City Attorney Williams advised that Mandos was presently parked on private property and not in a parking lot. Councilwoman Glick also stated that she had received a telephone call in regard to the fact that r a commercial business was operating out of a private residence in Old Kenai Townsite and asked for Administration's comments. Mr. Wise reported that he had been notified of such an occurrence and he and the Building Inspector had gone to the site of the allegation and found the business in question had been ' assembling gates, however, they were moving the business to another location. Administration would continue to investigate the matter. 1, I I I �> J ' KBNAI CITY COUNCIL, REGULAR MEETING, JULY 20, 1977 Pago 12 (5) Councilman Sweet requested that the sidewalks through town be cleaned as they were covered with debris. (6) Library Xerox Machine - Councilman Ackerly stated that he had received calls on the high cost of making copies on the xerox machine in the library and requested that an adjustment be made. MOTION: Councilman Ackerly moved, seconded by Councilman Morgan, that Council approve adjustment of the cost of xeroxing copies on the Library's Xerox from $40 to $.25 per copy for library related materials. Motion passed unanimously by roll call vote H-2: City Attorney's Report (a) City Attorney Williams advised that the City was still trying to negotiate with Kenai Native Association on easement across the property. (b) Councilman Sweet stated that the Kenai Baptist Temple was still operating out I J of their facility and asked if the City could close them down. City Attorney Williams advised that the City would not be able to proceed along those lines until after the hearing which is set for September. H-3: Mayor's Mort Mayor Blson advised that he had appointed Jerry Thompson to the Harbor r ' Commission. Council so concurred. H-as City Clerk's Report Clerk Sue Peter reported on the Financial Diselosuro/Campaign Disclosure ? Workshop she attended in Anchorage on Monday. The City Attorney and City Clerk will be preparing an ordinance with regard to the Financial/ Campaign Disclosures at the next regular meeting of Council. H-5: Finance Director's Report i None H-6: Planning & Zonina Commission's Report Councilwoman Glick reported on the meeting of July 13th in which two public hearings were held approving rezoning in Valhalla Heights and denying rezoning in Highland S/D. Milton Stasek was appointed to the Airport Commission and the Commission also discussed brokerage of City owned lands. n 0 KENAI CPPY COUNCIL, REGULAR MEETING, JULY 20, 1977 Pago 13 H-7: Kenai Peninsula Horoush Assemblv's Renort Mayor Elson reported on the Assembly meeting of July 19th in which sorveral items of interest were acted upon: -- one in particular being Ordinance 77-61, authorizing indebtedness by the issuance of General Obligation Aonds in an amount not to exceed $25, 970, 000 for the purpose of constructing and equipping several schools within the borough which was set for hearing August 16th. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Mr. Ross Kinney Mr. Kinney stated that commercial fishermen were leaving dinghies on the dock at the Small Boat Harbor and private users could not use the facility. Mayor Elson stated that the dock was built for use by private pleasure craft and not commercial use. Councilman Ambarian stated that Soldotna contracts a man to control their boat ramp and receive fees for use of the ramp. Council directed that Administration investigate the procedures used at the Soldotna boat ramp. I-2: Councilman Aokerly inquired about the resignation of the Public Works Director and was advised by Mayor Elson that Mr. Aber had contacted him earlier in the day advising of his decision to leave the City and Mr. Aber had agreed to assist the City Manager in compiling requirements for his replacement. There being no further business to be brought before the Council, Mayor Elson adjourned the meeting at 12: 30 p.m. Respectfully submitted, J��Z d Qrz e C . Peter, City Clerk r] ... - .-MtY.y- I --iLm - I - 0 CITY MANAGER REPORT #21 (July 15, 1977) 1. Ordinance 350-77 - Special Revenue Fund entitled "Volunteer Fire Department" This ordinance up for hearing is where the City is assisting the Volunteer Fire Department in the purchase of a flag pole. They are donating; the money and we will receive it in and pay the bill. The flag pole has arrived and will be up shortly. 2. Ordinance 351-77 - Capital Project Fund "Kenai Sewerage Project" This ordinance up for hearing is on the funding of the sewerage study which simply is an ordinance properly receiving state and federal funds and borough funds and authorizing their expenditures. 3. Ordinance 352-77 - Declaring public nuisances exist on certain parcels of land This will be a hearing on the public nuisances. Actually, some of the nuisances that were listed have been removed cT action has been taken and we have received letters from various people as to actions they have proposed. We will update the ordinance during the hearing and prior to adoption. 4. Application for retail liquor license - The Liquor Store This application is for a new retail liquor license (The Liquor Store) . The Council asked for a police report and the report has been prepared by the Chief of Police and will be made available to the Council at the time of the meeting. 5. Persons Present Scheduled to be Heard First we will have Sol Raymond representing the Kenai Advisory Planning Commission who will discuss with the Council the proposed revised changes to the zoning ordinance for the City. A second person currently scheduled to be heard is a Mr. Jensen who wants to speak in reference to a proposal to lease the bar and cafe. S. Old Business This will be the discussion and approval perhaps of Vesta Leigh's request to lease a gift and concession shop in the Kenai Airport Terminal. In developing this lease with Vesta, proposed modification to the square footage is that Vesta is asking for more than original proposed. We have relocated the gift shop in the area currently occupied by the bear and the intention is to put the bear in the center of the lobby and seeondedly, we propose here a $.60/sq. ft. minimum rate with a 5% commission on gross sales, excluding sales tax, with the idea of whichever sum is higher. This has been agreed to and, I believe, that we also resolved a question of the exclusiveness relative to i CITY MANAGER REPORT #21, Page Two I tobacco and beverages. I recommend approval of the lease as prepared. 7. We are asking for the introduction of an ordinance to provide utilization of anti-roeession funds to allocate some funds here to the Fire Department to cover the recent changes in overtime computations and some adjustments that were, made by virtue of Council action. S. Resolution 77-95 This resolution formally authorizes acceptance of the 29 acres of FAA land lying between Walker bane, Beaver hoop and the Spur highway. 9. Resolutions 77-96 and 77-97 Resolution 77-98 to a request for transfer of funds within the Parks budget for the purpose of providing sufficient funds to purchase a tractor, particularly to provide for grass cutting capability in the parks system. Resolution 77-97 is to award the contract for the purchase of the tractor I just mentioned, We have two quotes -- one from Dunamis Electric for a Simpiiicity and the other from Cycle City in Soldotna for a John Deere, Both bids are very close • and difference is approximately $200, The John Deere, perhaps has, a little more viability, considered better constructed and, therefore, we have prepared the resolution essentially in blank with the Council to have the option to make ° the award to either firm. 10. Periodic Estimate 8 and Corrected Payment Estimate 99 Two payment estimates, one to Brown Construction for completion of his particular project of laying the water line to the well and the other is to Interstate, a progress payment on their portion of the well. i U. Lease Concept This item is for discussion to review the concept of lease by Rerendipity which proposes to erect a motel on seven acres of the 29 acres just released by the FAA for development. The approval of the concept would enable me to proceed with the actual platting of the appropriate size lot, 12. Airport Advisory Commission The Airport Advisory Commission, plus other interested citizens, met Thursday -- evening with the Airport Master Plan consultants. Considerable discussion T ensued and a major topic was the float plane basin and, I believe, the issue -' was well discussed and considerable guidance was given to the consultants. `--- My personal feeling was that the meeting was worthwhile and presented a ° great deal of information for everyone concerned and included some additional information which the consultants needed, �y I f q i CIT. MANAGER ItId110ir' #21, Pnge Three 13. I attended a meeting with a representative from the Depnrtment of the Interior relative to the lease sale in lower Cook Inlet. It appears that the lease sale is on track and will be held in October. It does not appear that any special requirements will be made as conditions to the sale. However, it does appear that the State and homer, in particular, asked for conditions relative to limitations on Kaehemak Bay, Whether or not they can be legally included in the conditions of the loose is doubtful however. 14. 1 have boon in touch with FAA and, I believe, that we can apply for ADAP support in obtaining some additional snow removal equipment. This appears to be a viable plan and as soon as we can work up some data on justification and on the type of equipment that we can effectively utilize, we will ask the Council to authorize such a grant request. lit. I had submitted a tentative grant request to the State reference to Coastal Energy Impact Funds for a topographical study of the City. This, incidentally, was the first request for such funds received by the State and it has triggered the response by the Federal government as well and they will be in the area next weak on the 19th to discuss some of the formal prooeeduros in actually applying for grants. Hopefully, we will be able to got some of this money. I am also preparing grant applications for engineering of water, sewer and roads that while I don't expect it will be constructed in the very near future, would give us on the shelf plans of projects which will obviously be necessary in coming years. This will be 100% fundinK as we are asking for the funds -- there is no cost to the City. 16. I believe I mentioned at the last Council meeting that we had a response from the State reference to the detention center, however, as was mentioned their plane was grounded due to a bomb threat in Anchorage. They were suppose to contact us this last week and arrange a now meeting. However, we have received no further word. We will pursue this as is possible, 17, GOOD NEWS. I have just now been informed by Frank Mellhargey, who is in contact with Senator (travel's office, that the City's share of the Local _ Public Works money, i.e, $4 billion for the nation, $30 million for the State, that the City will be allocated one million five hundred seventy-five thousand dollars, We, of course, only have this information by telephone and hopefully by Council meeting night we will have the official word. At this ' moment we expect a reservoir which was basis for our initial application will require funding level of no more than $1.4 million. This means we would have a residue of approximately $173, 000. This, of course, had not been expected but since we are under a certain amount of pressure to expend those funds in a construction program, I would propose that we add any residue funds, once the bidding has been completed, to the Local Roads and - " Trails money we were planning to expend this fall on the five roads that we are currently having engineered by Wince-CoMheil. It may enable us, therefor, s to do all five roads and perhaps provide something to the public this fall in the way of completed construction. Incidentally, we may have an opportunity to complete the reservoir this fall or this winter, This would relieve the problems that are addressed in the Department of Public Works memo relative to water pressure. F1 . CITY OF KENAI F. O. SOX 6E0 KENAI, ALASKA 09611 �- TELE/NONE 461 • 706 MI�"o v July 14, 1977 TOI John E. Wise, City Manager 1 1 FROMs Phillip Aber, Director of Public Works Vt WEEKLY REPORT FOR WEEK ENDING, JULY 15, 1977 EDA hater Well Project At this time the water well project is fairly quiet. The pump and motor has been ordered and we have received a delivery, date of approximately four weeks.. You will be receiving for your review and approval a change order fox'approximately $5,700.00 to cover the increased costs for a larger,,pumoj,,and motor for F our new well. The puOp and motor that was originally specified was not large enough And, therefore, a larger motor and pump had to be ordered. This motor and -pump sizing,, of course, could not be accurately soodified until we completed.tho, development and testing portionww, f the project. At this point I would like to reiterate what I havb been saying from the beginning 4thiss particular project and'that is that this well will in nd"way help ourwater,pressurc problems which this City is sufferiA# from. This well will givd us increased reliability which is despexately'needed. However, until such time as we construct a``watex source, i.e. reservoir, in the center of the City or construct some major lines to loop the existing system, we will continue to have some very severe water pressure problems. For approximately the last thirty days this City has operated on a water pressure which is dangerously low. Our pressures during the critical time of the day have been as low as 8 pci and as high as 20 psi. Normal operating pressure in our lines should be in the 70 psi range. Needless to say, if we were to have a major fire we would not have the water to combat the fire. I personally feel for the health, safety, and welfare of the citizens of Kenai that we should restrict water usage from at least 8:00 a.m. in the morning until 8s00 p.m. in the evening and during this time disallow any lawn watering, gardening, car washing, etc. To give you a better idea on our pressures verses time, we normally start the clay, this is at approximately 100 a.m. in the morning, with around 50 psi in the center portion of. town. By 8:00 a.m. this pressure has fallen to around 30 psi, usually by 900 to 10100 a.m.. our pressure will fail to the 20 psi range and lower. This pressure will fluctuate from around 8 psi to 20 psi until approximately 1000 p.m. in the WEEKLY REPORT July 14, 1977 Page 2 evening. Around this time our water pressures will slowly start �i to rise until we eventually get bpok to somewhoro around 50 psi at 1s00 a.m. in the morning. Thia problem is not due to Well M1 not being able to keep up with the demand, but in due to the high flow which in turn croates a greater friction lost through our one transmission line to the City. On the average, Well N1 has no problem maintaining 00 to 70 psi at the well site. The construction of a reservoir would temporarily alleviate this problem. However, as you recall, this reservoir will be filled when the water usage in tho City is at a minimum and at this point in time we are fortunate that our demands subside sufficiently in the early morning hours to allow us to fill this reservoir. in the not too distant future, however, our 24 hour demand for our i single transmission line to the City will reach a point when it will not be able to handle the continual usage demand and at the same timo fill our reservoir. This moans, of course, that additional lines from our wells, to loop our system, will have to be constructed. Note: The street crew has started oiling the City streets. We started, as directed by the Council, on Tinker Lane. From Tinker we will go to the frontage road, which parallels the spur Highway, from the phone company to the Chamber cabin. Pollowing this road, we will work on the Redoubt access road, Spruce street from the c� Spur to the beach, Birch street, and than to some of the more outlying streets. As i have mentioned before, this is a slow process and will require at least two men for the remainder of the summer. The street crew has also spent a considerable amount of time tarring cracks on the north and of the runway and the ramp area of the Airport. 0 ii J