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HomeMy WebLinkAbout1977-08-17 Council Minutes, W P, � 1 , AOItN1)A REGULAR MEETING - KENAI CITY COUNCIL A00118T 17, 1977 - R: 00 P . Al , KENAI PUBLIC SAFETY BUILDING PLE,DOE, OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 354-77, Installation of Water ?,Inc to tianoral Aviation Apron 2. Ordinance $50.77. Placing on Rallot question of finnneial/cnmpnlgn disclosures 3. Ordinance 350-77, Transferring funds far remodeling of Airport Terminal nuilding 4. Ordinance 357-77, Paving of Redoubt Way 6. C. PERSONS PRESF,NT SCHEDULED TO BE HEARD 1. 2. D. MINUTES 1. Minutes of the regular meeting of August 3, 1077 E. CORRESPONDENCE, 1. 2, F, OLD BUSINESS 1. Resolution 77-100, Amending the Laos) Roads a Trails Plan for 1077-78 2. Periodic Estimate No. 9, Brown Construction Company, Inc. 3. Lease of Airport Bar a Cafe 4. Report - River Bend Bond i Gravel Activities 0. Lease of Airport Terminal Bar a Cato 8, 01 NEW BUSINESS 1. Bills to be paid, bills to be ratified 2. Ordinance 359-77, Amending the 1978 Kenai Municipal Airport Regulations 3, Ordinance $69-77, Local Financial Disclosure 4, Resolution 77-102, Establishing Local Reads a Trails for 1970'. 1979, a 1090 6, Reaolntlon 77-03, StatemeAt of Assurshoss/Aoneral Revenue Sharing S. Resolution 77-104, Submission of 6 CEIP Grant Applications 7. Resolution 77-104, Rescinding Resolution 76-35, Lot 3, Block H, Heaver Crook 0/0 9, Resolution 77-100, Cooperative Agreement with USGS 9, Statsm4nt 077-20(4) - Malone Surveying 10, Discussion - Spur highway and Beaver Loop (a) Plat/Ackerly a O'ConneA (b) Plat/Motel a Other Acreage (a) Lease Concept/1st Federal Savings a Loan Ord corner) 11, Disoussfa) - )t*qusst for purchase of 0ty ow, -,id L=ds/Denis CovIson 12, Change Order 9-1N, Interstate Company, Inc. 18. 14. 15. H. REPORTS 1, City Manager's Report $23 2, City Attorney'* Report 3, Mayor's Report 4. City Clerk's Report 6. Finance DiroeWr's Report 6, Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report 1, PERSONS PRESENT NOT SCHEDULED TO Bic HEARD ADJOURNMENT t ' i •, I KENAI CITY COUNCIL - REGULAR MFETIK0 AUGUST 17, 1077 8: 00 P , M , KENAI PUBLIC, SAFETY BUILDING MAYOR .TAMES A. ELSON PRFSIT)ING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick, Walter Sweet, Edward Ambarian, Tom Ackerly and James Elson. Absent: Richard Morgan and Tian Whelan. AGENDA APPROVAL. There being no additions or corrections, the agenda was approved as distributed. R. PUBLIC: HEARINGS B-1: Ordinance 354-77, installation of 'Waterline in General Aviation Apron f 1 Mayor F.lson read Ordinance No, 354-77 by title only, "An ordinance of the Council of the City of Venal, Alaska, finding that the installation of a i waterline in the General Aviation Apron of the Kenai "Nunicipai Airport is ! necessary and will benefit the lessees affected and directing that the City proceed with construction of the improvement." City Manager Wise recommended that Ordinance No. 354-77 be tabled at g�g this time and that another public hearing be scheduled for September 21, k 1977. Mayor Elson opened the hearing for public input. There being none,, the matter was brought back to the Council table. Councilman Ambarian asked if this waterline would be accomplished this j year. Mr. Wise advised that if L.PTV funds were available, it would perhaps be done this year; if not, they would begin construction next Spring. MOTION: B-2: Councilman Sweet moved, seconded by Councilman Ambarian, that Ordinance No, SW77 be tabled until September 21, 1977 and that another public hearing on the Ordinance be held on that date. Motion passed unanimously by roll Call vote. Ordinance No. 355-77, Placing an Rallot nuestion of Pinaneial/ Campaittn I)isclosures Mayor Elson read Ordinance No, 355-77 by title only. "An Ordinance Placing on the Ballot for the Next t3eneral Election the Ouestion as to Whether the Municipal Officers of the City of Kenai should be Exempt El KENAI CITY COUNCIL - Rl{OULAR M11,I:TING August 17, 1977 8: 00 P.M. Pnge 2 From the Provisiona of the Finnnninl t►isolosure Rtntt►tes (AR 30.50) /') and from the Provisions of the vlootton CmmnaiSrn Pi►n(l fiiseloµure Statutes (AS 15.13) Requiring Reporting of r'ontributions anti nxpendituros for Political Campaigns." Mayor F,lson opened the meeting for public► input. There tieing none, the matter was brought bnek to the Council table. MOTION: Couneilmnn Sweet moved, seconded by Councilman Ankerly, for adoption of Ordinance No. 358-77, placing on the ballot of the next general election the question of whether or not munioipnl officers of the City should be exempt from financial/campaign disclosure requirements. Motion passed unanimously by roll call vote. 13-35 Ordinance No. 358-77. Trannfnrriner fiinAa fnr rmmAAMiner n1 Alen%"# ,D MOTION: MOTION: S 3 { h 1 Mayor Elson rand nrdinnneo Va. 356-77 by title only. "An nrdinnnee of the Council of the City of Wenni, Alaska, transferring funds for the purpose of remodeling the Airport Terminal Building." Mr. Wiso stated that approximately 82,000 of this transfer would be used no the City's share in remodeling the Airport Rnr, The City has An sgree- mont with the potential lesson to sharo the cost on a !i0/50 basis. The City's share of this would not exceed 02,000. The remainder of the funds would be utilized in remodeling the new location of the City offices tie. installing tolophonco, windows, etc.) . Mayor Els©n opened the hearing to the public. There was no public comment. Councilman Ambarian moved, seconded by Councilwoman t1liek, for adoption of Ordinance No. 388-77, transfer of funds from Contingency - $0,000, to Non-dopartmental - Transform $6,000, of the General Fund Budget and amending the 1077-78 Airport Terminal Budget by increasing Estimated Revenues, intorfund Receipts - $0,000 and increasing Appropriations, Buildings - $0, 000. Motion passed unanimously by roll call vote. At this time, City Attorney Williams advised that the Council must appoint the Acting City Clerk in the absence of the City Clerk, Councilman Ambarian moved, seconded by Councilwomen Cluck, that Elena Horton be appointed as Acting City Clerk for the regular meeting w f� KENAI CITY COUNCIL, - REGULAR MEETING August 17, 1077 8:00 P.M. A-4: MOTION: _ t C. D. D-l: E. of the Kenai City Council of August 17, 1977. Motion passed unanimously. Ordinance No, 357-77, Paving Redoubt Wa Page 3 Mayor Elson read Ordinance No. 357-77 by title only. "An ordinance of the Council of the City of Kenai, Alaska, finding that the paving of Redoubt Way is necessary and will benefit the property affected and directing that the City proceed with construction of the improvement." Mr. Wise recommended that this Ordinance be tabled and that another public hearing be scheduled for September 21, 1977. Mayor Elson opened the hearing for public input. There being none, the matter was brought back to the Council table. Counoilmnn Ambarisn moved, seconded by Councilwoman n1fok, that Ordinance No. 357-77 be tabled until Aeptember 21, 1077 and that another public hearing on the Ordinance he held on that date. Motion passed unanimously by roll call vote. PERSONS PRESENT SCHRnI11,En TO RP, HRARn None. MINUTES Approval of Minutes of Regular Meeting of August 3, 1977 The minutes of the regular meeting of August 3, 1077 were approved as distributed. CORRESPONDENCE. Mayor Elson read correspondence received from Mr. Jon M. neVore of � Senator Stevens' Office, Attached to Mr, neVore's correspondence was a letter received from Mr, nouglas Costle of EPA, in response to a request by Senator Stevens that EPA reexamine its position in regard to the City's alleged violations of its discharge permit. The letter from Mr. Costle explained EPA's position in the matter and stated that EPA did not feel that the $5,000 fine levied against the city was unduly high. Also included in the correspondence were examples of other municipal penalties levied in Region X . Mayor Elson made the following comments relative to the letter from EPA. 4 0 0 KENAI CITY COUNCIL - nFGULAR MERTINO August 17, 1977 8:00 P.M, Page 4 (1) At the time the permit was issued, the design was passed primarily upon the recommendations of EPA. (2) The Plant was not actually operational at that time; therefore, the City had no practical experience and had to rely upon the recommendations of EPA. (3) The statement by EPA that the City has the resources to meet the terms of its permit is unfair in view of the fact that EPA has not reviewed the financial statements of the City. Mayor Elson asked the recommendations of the Council in this regard. Councilman Ackerly stated that if the City paid the fine, it would be an admittance of guilt and the City would be bound to correct all deficiencies listed by EPA. Councilman Ambarian advised that he felt there was no doubt that the City was guilty of the violations as charged by FPA , but felt that the fine levied was excessive. Mayor Elson read correspondence received from Mr. Lawrence T. Schultz i of FAA regarding the lease of Kenai Airport property. The letter stated that FAA recommended lease by bid, using the appraisal as the lowest acceptable amount. FAA would offer no objection, however, if the City were to negotiate with one parry for the land in question based on two Independent appraisals, F. OLD BUSINESS F-1: Resolution No, 77-100, Amending the Local Roads tc Trails Plan for 1977-78 Mayor Elson read Resolution No, 77-100 by title only. "A resolution of the Council of the City of Kenai, Alaska, amending the local roads and trails plan for 1977-78." Mr. Wise advised that this Resolution had been tabled at the last meeting due to the lack of the appendices. This resolution provides for the upgrading and reconstruction of five roads: Kaknu Way, Lupine Street, "t)" Street NW, � Walker Lane and Lilac bane. Thfa resolution would rescind the previous 4 resolution of 1976 and authorize these projects as part of the i,Pw program. Councilman Ackerly asked which bond funds this resolution referred to, Mr. Wise advised that City local road Mond monies would be utilized in this project. ; r-- MOTION: -�� Councilman Ambarlan moved, seconded by Councilman Sweet, for adoption of Resolution No. 77-100 amending the local roads and trails program for 1077-78. 0 KHNAI CITY COUNCIL - REGULAR MELTING August 17, 1977 8:00 P.M. Page B Motion passed unanimously by roll call vote. P-2: Periodic Estimate No. 8, Brown Construction rompany, Inc. Mr. Wise advised that he had instructed Garth Pehrson, Inspector of the FDA project, to discuss this matter with the Council prior to tonight's meeting. Mr. Wise recommended payment of Periodic Estimate No. S. Councilman Sweet stated that he was not in favor of how this matter was handled; however, the City should pay this estimate with the hope that the City Administration will not allow this type of situation to arise again. MOTION: P-3: P-4: P-5: Councilman Sweet moved, seconded by rouncilwoman Glick, for approval of Periodic Payment Estimate No. 8, Rrown construction romnany, Inc., in the amount of $40, 605.90. Motion passed unanimously by roll call vote. Lease of Airport Bar s Cate Mr. Wise advised that the city did not have a signed lease at this time; however, he had been advised by Millis and Peck that they had reached an agreement on the equipment and liquor license. The lease is for the let of September and operation should begin shortly thereafter. Report River Bend Sand and llravel Activities Mr. Wise stated that he had made a review of the report and a visual inspection of River Bond Rand and caravel's gravel pit and that there is downstream flooding. As this is not in keeping with their permit, he has dratted a lotterto be sent to River Bend Sand and Gravel. The City i Attorney has reviowedand approved the letter. Mr. Wise distributed copies of the proposed letter to Council for approval. i City Attorney Williams advised that the point of a conditional use permit to not to interfere with the residential character of a neighborhood. AR this downstream flooding is interfering with the residential character of the area, she felt that the City could justify its position on that basis. Council voiced no objection to sending the proposed letter to River Rend Sand and caravel. Lease of Airport Bar and cafe Mr, Wise advised that this item should be deleted from the agenda as it erroneously appeared twice. 0 r KENAI CITY COUNCIL REGULAR MEETING 1 August 17, 1977 8:00 P.M. Page 6 G. NEW BUSINESS 1 G-1: Bills to be Paid, hills to be Ratified Mr. Wise advised that Administration was submitting for approval all bills exceeding $600.00. All are in order. MOTION: Councilman Sweet moved, seconded by Councilman AmbAriAn, for approval of bills to be paid and approval of those items listed for ratification. Motion passed unanimously by roll call vote. a-2: Ordinance No. 358-77, Amending the 1976 Kenai Municipal Airport Regulations Mr. Wise advised that commercial operators are using the Airport for touch and goes. Since these aircraft are not scheduled At the Airport or Are on suspension, he felt the City should amend the Regulations so that the City could extract some type of fee from the operators since they are utilizing the Airport and contributing to the noise pollution. The current regulations state that "This fee does not apply to landing for testing of aircraft or training of personnel." The proposed amendment would still exempt commercial operators of aircraft serving the Airport, but Allow for a fee to be charged to those who do not. MOTION: I , Councilman Sweet moved, seconded by Councilwoman Glick, for introduction , of Ordinance No. 358-77, amending the 1978 Kenai Municipal Airport Regulations. Councilman Ambarian asked if the FAA had been contacted in this regard. Mr. Wise advised that they had not. QUESTION: Motion passed unanimously by roll call vote. ti-3: Ordinance No. 359-77, Local Financial niselosure Mayor Flson read Ordinance No. 369-77 by title only. "An ordinance requiring disclosure of financial and business interests of municipal officers and prohibiting activities determined to be in conflict with municipal Interests." Mayor F,lson asked for the City Attorney's comments in this regard, City Attorney Williams stated that Councilman Whelan had implied that he wanted other public employees to disclose. This ordinance does not provide for this, but can be included if the Council wishes to amend this ordinance. There is nothing in the ordinance regarding campaign dis- closure. ri KENAI CITY COUNCIL - REGULAR MEETING August 17, 1977 6:00 P.M. Page 7 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for Introduction of Ordinance No. 359-77, requiring disclosure of financial and business interosts of municipal officers and prohibiting activities determined to be in conflict with municipal interests. Councilman Sweet voiced opposition to introduction of the ordinance since it would keep professionals from running for office since they could not disclose due to professional ethics. City Attorney Williams advised that the ordinance exempted professionals from listing names of individual clients. QUESTION: Motion failed by roll call vote. Voting yes: Ambartan And ikon. Voting no: Glick, Sweet, and Ackerly. G-4: Resolution No. 77-102, Pstablishing Local Roads and Trails for 1078, 1970 and 1080 Mayor Risen read Resolution No. 77-102 by title only. "A resolution of the Council of the City of VonAl, Alaska, eatablishinjw the local roads a trails program for 1978, 1979 and 1980.11 Mr, Wise Advised that the State had requested the City's planned local roads and trails program for 1978 - 1980. The 1978 program would Include the five roads listed in Resolution No. 77-100, the 1079 program would be the paving of Tinker Lane and the 1980 program would be the paving of Highland Street. He further stated that the Council would not be bound by this resolution. It was only requested by the State as a planning objective. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-102, establishing the local roads and trails program for 1078, 1979 and 1080. Notion passed unanimously by roll cell vote. G-5: Resolution No, 77-103, Statement of Assurances/General Revenue Sharing Mayor :Fl:,an rend Resolution No. 77-103 by title only. "A resolution authorizing the r-Ity Manager to file a statement of assurances with the office of revenue sharing (federal) to qualify the City of Kenai for funding under provisions of the General Revenue Sharing Program for Pntitlement Period Nine." Mr. Wise recommended approval of the resolution. 0 W. KHNAI CITY COUNCIL - REGULAR MF,F.TING August 17, 1977 S: 00 P.M. Page A �IMOTION: •� Councilman Sweet moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-103, authorizing the City Manager to file a statement of assurances with the office of Revenue Sharing (Federal) to qualify the City of Kenai for funding under provisions of the General Revenue Sharing Program for entitlement period nine. Motion passed unanimously by roll call vote. G-6: Resolution No. 77-104, Submission of Five CF.IP Grant Applications Mayor Risen read Resolution Vo. 77-104 by title only. "A resolution of the Council of the City of Kenai, Alaska, authorizing the submission of five (5) Coastal F,nergy Impact Program tyrant applications." i Mr. Wise advised that he will be attending a workshop on the CFTP Grants in Anchorage on August 24th. The City has been asked by the !State to submit applications by September 1, 1977. These are the first five projects. 77-1A, Development of Topographical Contour Map of rity, is needed badly. This could be used in alleviating our drainage problems and establishing the location of our water and sewer lines. The amount on this item should r: E be $90,000 rather than $9,000 as it appears in the resolution. This was apparently a typing error. 77-IB would involve the engineering of several streets which badly need repair. With the engineering accomplished, we could begin work at any A 1 time. I � i77-1C would be engineering of impact areas - water and sewer main extensions. 77-1D would be the design of an outdoor recreational facility. The 30 i acres adjacent to the OilerK Baseball Park could possibly be utilized for } this project, with the Oilers participating in the development. 77-IE would be the design of an indoor recreational facility. The grant ? provides for development of facilities for the performing arts. This may I not be funded, but if so the City could perhaps construct an auditorium. The total figure on the projects to $700,000. Mr. Vpise recommended the first four projects, with the fifth as a possibility. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Resolution No. 77-104, authorizing the submission of five (5) Coastal r Energy Impact program grant applications, with the following correction: The dollar amount in item 77-IA should read $90,000 rather than $9,000. Motion passed unanimously by roll call vote. j I E KIdNAI CITY COUNCIL - REGULAR MRRTINO August 17, 1977 8: 00 P.M. Page 9 G-7: Resolution No. 77-105, Rescinding Resolution 76-35, Lot 3, Block N, Beaver Creek Subdivision Mayor Rlson read Resolution No. 77-105 by title only. "A resolution of the Council of the City of Kenai, Alaska, rescinding Resolution No. 76-36 which set aside Lot 3, Block N, Seaver Creek Alaska Subdivision for immediate public use." City Attorney Williams advised that this matter was discussed at the last Council meeting. This property was initially set aside for public use as a fire sub -station. This resolution rescinds setting the Area aside. Councilman Sweet asked if the City had title to the property. Pity Attorney Williams advised that the City did have title to the property, but was going to allow the record owner to repurchase the property. Councilman Sweet asked the amount of taxes owing on the property and its valuation. City Attorney Williams advised that she did not have this information at this time. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, to table Resolution No. 77-105 until such time as the Council was provided with financial data on the property. Motion passed by roll call vote. Voting yes: Glick, Sweet, and Ackerly. Voting no: Ambarian and F,lson. 0-8: Resolution No. 77-106, Cooperative Agreement with USGS Mayor Elson read Resolution No. 77-106 by title only. "A resolution of the Council of the City of Kenai, Alaska, entering into a cooperative agreement with USGS for further water resources investigations." Mr. Wise advised that URGH would match local expenditures on a water resources investigation program. In developing the new City well, the City expended some $10, 000 which qualifies under this program and this resolution would allow the City to submit this figure for matching funds from U808. The City would not have to expend any additional monies. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Resolution No, 77-100 authorizing the City Manager to enter into a cooperative agreement with URGE for further water resources investigations. Motion passed unanimously by roll call vote. 0 KENAI CITY COUNCIL - 1111,011LAR MEPTINO August 17, 1077 8: 00 P.M, Page 10 Statement #77-20(A) a Malone Surveying Mr. Wise advised that this Atntoment was for the survey and platting of the 28 acre tract at the intersection of Reaverloop and the Kenai Spur and other FAA lands and recommended approval, MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for approval of Statement N77-20(A) in the amount of $2,332.50 to Malone xurvoying, Motion passed unanimously by roll call vote. t1-10: Discussion - Spur Highway and Reavarloop (a) Plat: Aakerly and n'Connell Mr. Wise advised that this plot was submitted to the Planning and Zoning Commission last week and appears to meet the needs of the lossee, The Commission had no objection to the 2,7 acres requested and recommended that one of the two drivownys shown should be closed - preferably the back driveway, The Commission also recommended that the green strip be maintained by the lessoo. Mr, Wise advised that the Council needed to approve the concept of the plat and to authorize submitting the plat to tho Borough for approval and requesting release of the property from FAA. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for approval of the concept of the plat submitted by Ackorly and O'Connell, attached hereto and incorporated herein by reference, with the stipulation that the back driveway be sole access to Reaverloop Road and authorizing the City Manager to submit the plat to the Borough for approval and applying to FAA for release of the property, Motion passed unanimously by roll call vote, with Tom Ackerly abstaining due to possible conflict of interest, I (b) Plat: Motel and Other Acreage I i Mr. Wise advised that the Planning and Zoning Commission had reviewer# this plat at thctr meeting last week and had made the following recommend- ations: (1) that a 50' right-of-way be placed between Walker Lane and ' Beaverloop, (2) that a 50' buffer strip be placed along Walker Lene, (3) that the right-of-way between the Spur and Walker Lone be vacated, i The lot dimensions would be approximately 450 feet along the Spur Highway, approximately 500 foot along Reaverloop and approximately 470 feet across the back of the lot. € h 6 i L __—_ _ ._file+f..i�rrenrerye KHNAI CITY COUNCIL - REGULAR M%P.TINO August 17, 1077 ®: 00 P.M. Pnge 11 Councilman Ambarian stated that he felt the buffer strip along Walker Lane should be increased to ISO feet. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for approval of the concept of the plat for the motel as submitted, attached hereto and incorporated herein by reference, with the stipulation that the buffer strip along Walker Lane measure a distance of ninety feet from the west Homer Electric easement which measures sixty feet, and authorizing the City Manager to submit the plat to the Borough for approval and proceed with obtaining an appraisal on the property. Motion passed unanimously by roll call vote. (a) Lease Concept: First Federal Ravings and Loan Mr, Carl Hille of First Federal Ravings and Loon advised that they would like to build a two story office building at the southwest corner of Reaverloop and the Spur and would like to apply for lease with option to buy. The building would be 0,500 square feet, with the downstairs to be used for { banking and the upstairs portion to be leased. The estimated value of the 1 building is $700, 000 and construction would begin in 1978. :Councilman Ambarian expressed concern that the City would be leasing the only three good corner locations left in the City for commercial development without developing the back lots which would put monies into Airport Revenue , and wondered if FAA would approve such development, i Mayor F,ison expressed concern that the City was leasing the property without / a plan for overall development, i Councilman Ambarian advised that he approved of the concepts presented, but felt that the City should consider development of the overall area. NATION: Councilman Sweet moved, seconded by Councilman Ackerly, for approval of the lease concept presented by First Federal Ravings and Loan and J authorizing the City Manager to apply to FAA for release of the property and proceed with obtaining an appraisal on the property. Motion passed unanimously by roll call vote. 0-11: Discussion - Request for Purchase of City -owned lands/nennis Carlson Mr. Carlson submitted a sketch for Council review of property adjacent to the boat ramp road, f iJ. KKNAI CITY COUNCIL - REGULAR MEETING August 17, 1077 5:00 P.M. I I fa� G-12: MOTION: H, t -i j f Page 12 Mr. Wise advised that this property was' fee -simple City land with no restrictions on the land. Funds for survey and appraisal are not budgeted and this will have to he researched. lye further advised that it would be desireable to have the boat ramp road and area identified and that sale of this land may produce development in the area. Mr. Carlson would he utilising the property for auto service and a boat building facility. Councilman Ambarian stoked if this property was near the Conservation Zone. Mr. Wise advised that he did not know but would research the matter. After further dioeussion, the Council voiced no objection no to Administration pursuing the matter. Chance Order No. $-IN, Interstate Company, Inc. Mr. Wise recommended approval of Change ardor No. 8-IN which would provide for installation of a tank drain and tank overflow drainage culvert. This would cause any overflow to run around the building and access road. Without this installation, any malfunction could result in a serious washout, Councilman Sweet moved, seconded by Councilman Ambarlan, for adoption of Resolution No. 77-111, approval of Change Order No. 9-IN to Interstato Company, Inc., in the amount of $4,093.00 for furnishing and installing a tank drain and tank overflow drainage culvert, Motion passed unanimously by roll call vote, REPORTS City Manager's Report 023 Attached herewith is a Copy of City manager's Report 023 which herein becomes an official transcript of the proceedings of this meeting, Mr. Wise advised that he had received a proposed accident inveotigation revision from the Police Chief and would like to schedule a work Reasion so that the Council could discuss the matter publicly with Police Chief Ross. There being no objection from the rouneil, a work session was scheduled for. August 31, 1077, 7:00 p.m., Kenai Public safety Building for this purpose, Mr. Wise advised that he would like to proceed with the survey of the tract of land between the Rlks Lodge, Locko Building and the Katmai Motel, He has received two quotes for the work from Ram Best in an amount not to exceed $4,500 and from Malone surveying in an amount not to exceed $3, 300. Mr, Wise requested authorization to proceed with the survey through ?Malone Surveying. ,_ , KENAI CITY COUNCIL, - REGULAR MEETING August 17, 1077 8: 00 P.M. Page 13 I I MOTION: Councilman Sweet moved, seconded by Councilwoman (;lick, that the Council authorize the survey of the tract of land lying between the Katmai Motel, the Elks Lodge and the Loeko building, by Malone Surveying in an amount not to exceed $3,300. NOTION: ,i ' (♦ Ip1 Motion passed unanimously by roll call vote. Mr. Wise presented information regarding how each of the five f,PW projects were to be funded. Mayor Plson asked if this information had berm reviewed by the City Attorney and Finance nirector, Mr. Wise advised that it had been and that the funding was still being researched. This was tentative and for Council information only, Mr. Wise advised that the mutual aid agreement has been approved by the Soldotna Council. The City Attorney and Fire Chief are in the process of reviewing the agreement and it will be presented to the Council at the next meeting. Councilman Ackerly advised that he had done some research into the cost of a steel building to be utilized as a civic center. Ile talked to Mr. Bob Aler who had given him the following estimates. A steel building with lighting, heating and insulation would cost approximately $21.00 per square foot, At this rate, the City could purchase a 14,000 square foot building for approximately $15, 000 to $20, 000, Councilman Ackerly advised that this could possibly be tied in with the library to make it a worthwhile project for the City and utilize library monies at the same time. The building would be expandable. Ile further stated that Councilman Ambarian had mentioned the problem of maintenance of the building. Councilman Aekerly did not feel that this should be a major consideration in this matter since any project which the City decides upon will have maintenance costs involved. This building would not be complete, but at least would be a start, The High School would be willing to do the design work to the City's speMficatlons and could possibly have this accomplished by Spring, at which time the City could begin construction. Councilwoman Glick advised that she would like to see the civic center funds utilized for the purpose for which they were originally intended and felt that some of the organizations within the City would be willing to undertake raising funds for seating, etc„ for the center. I Councilman Ackerly moved, seconded by Councilman Sweet, for introduction of Ordinance No. 361-77, rescinding Ordinance No, 338-77, As Amended, which submitted to the qualified voters of the City of Kenai the question of dedicating certain bond funds to the construction of streets and recreational ; facilities, Motion passed unanimously by roll call vote, N , 0 M l KkNAI CITY COUNCIL REGULAR MVETING August 17, 1077 8: 00 P.M. Page 14 Councilman Ambarian stnted that he was concerned with several aspects of the drown Pay Estimate, fie was under the impression that the tie-ins to the line had been accomplished prior to the Council's last meeting but had boon advised that they had been done after that time. Mr. wise advised that the tie-ins had been done since the last meeting and did not realize that the Council did not understand this at the last meeting, Councilman Ambarian also stated that he did not think it was equitable to charge other people who are using this line and not charge the individuals who had just tied into this line. Mayor Elson stated that the Council had directed that there would be no tie-ins into this line until such time as assessment districts could be formed. If the City wishes to provide service to people in this area, we should require a payment in lieu of assessments, Mr, wise stated that forming an assessment district for a transmission line after installation would be "after the fact". A lateral from the transmission line could be put in and assessed; however, these people front on the transmission line so there is no justification for a lateral to be put in. Some method of payment should be established at the beginning of the project. To go back after the fact and charge people for use of the line would be improper. Mayor F.lson stated that no provision for method of payment was included in the beginning of the project because there were to be no tie-ins to this line. Councilman Ambarian recommended that a charge in lieu of assessments should be levied since everyone also in the City is charged for use of j City waterlines, Mr. Wise stated that he would look into this. Councilman Ambarian asked who owned the improvements located on Lots 7 and 8 of the Concession area, presently leased to Arian and Nancy Peck, Mr. Wise advised that he was not certain but would research the matter. Councilman Sweet referred to the letter received by the City from FAA regarding the lease of FAA lands. The City has been doing all leasing Incorrectly since all leases are to be awarded by bid, accepting the appraisal as the lowest acceptable bid, Councilman Sweet asked if the City had an ordinance stating that it will lease property at the appraised value. City Attorney Williams advised that the City did have such an ordinance but she did not know if the ordinance established the number of appraisals required. Councilman Sweet stated that the City should set some guidelines as to the leasing of its lands. Mr. Wise advised that he was working on a comprehensive package plan in this regard and would like to submit it to the Council as a package. He did not feel that he could have it ready by the next meeting, but could C n ,I KHNAI CITY COUNCIL - REGULAR MFFTINti August 17, 1977 9:00 P.M. complete it as expeditiously as possible for Council's review. Page 19 MOTION: Councilman Sweet moved, seconded by Councilwoman thick, that the Administration prepare an ordinance for. Council review at the lot meeting in October, 1977, providing that the City utilize the two appraisal concept solely in selecting lessees. There being no objection, the motion passed unanimously. Councilman Sweet asked the status of the sowerline which was to have been run to the Grace Brethren Church. Mr. Wise stated that this project had been included in the LPW projects and the City had not yet received return receipts acknowledging receipt of the applications, When the City receives reasonable assurance of LPW and DFC funding, it will proceed with bidding at the earliest possible date. Mr. Wise stated that he would like to go with a two bid concept, one with an early completion date of October 31, 1977 and one with a later completion date. If the early completion date bid is beyond our budget capabilities, we will have to wait until Spring. If not, we could proceed as soon as possible. We were not able to secure an engineer for the project this year; therefore, it was combined with the LPW projects so that we could accomplish it as soon as possible and still reduce the cost to the City, Councilwoman Glick asked the status of the boats at the boat ramp. Mr. Wise advised that he was in the process of getting a copy of the ordinance on what Soldotna did on the Kesilof Boat Ramp but had not received it as yet. We are receiving calls at the City offices from individuals wishing to store their boats at the ramp and we are securing hold harmless agreements from them as well as providing for removal of boats upon 30 days written notice from the City. Councilwoman Glick asked if the pumps for the well had arrived. Mr. Wise stated that the target date was September 9th. Councilman Ambarian asked the status of the Chamber of Comme*ce lease. Mr. Wise stated that there were problems with the plat, The City's Planning and Zoning Commission voted the plat down and we cannot execute a lease without it. li-2: City Attorney's Report C'ty Attorney Williams advised that Kenai Baptist Temple had sold their property on the Kenai Spur and had purchased property on Kalifonsky Reach Road. They plan to utilize their present location on the Spur for their school until their new building is completed, Ms. Williams advised that she had filed motions to begin injunction to prevent them from doing so. The City has the option of setting a fine and allowing them to occupy ri W, e IIi KENAI CITY COUNCIL - RROULAR MFFTINO August 17, 1977 8:00 P.M. Page 18 the building for a specified time period and then setting a fine for each day after that time that they are still occupying the building. Mayor Elson stated that he felt the ('ity should ask fr the total fine. The Council instructed the City Attorney to proceed with filing the motions for injunction. City Attorney Williams asked the Council if they would like to make some offer in an amount exceeding $100 to RPA since she did not feel that the Court would order less than $1, 000. If the City did not hire trial counsel It would have to hire C112M Hill to do the work, which would involve quite an expense. Mayor Elson stated that he would like to postpone any action until the City heard from Senator Stevens' office. Councilman Ambarian asked for the City Attorney's interpretation of Article 6, Paragraph N of the City's personnel ordinance. Ms. Williams advised that this paragraph was somewhat difficult to interpret since "supervisor" was not defined. Mayor Elson stated that the reason for the request for interpretation was that his son, Jason Elson, had been a volunteer firefighter for seven months and would like to seek employment with the City as a permanent fire department employee. Mayor Elson's son had approached him in the matter and after trying to dissuade him from pursuing the matter, had instructed him to meet with the City Manager for a determination. Mr. Wise advised that Jason had submitted an application for employment with the fire department. If the Council desires Appointment, he would like to see the ordinance amended to read that Council relatives may become City employees. Mr. `vise stated that he made the determination that Jason was not eligible for City employment because of this paragraph. Mr. Wise stated that he did see validity in the matter but would encourage Council to amend the ordinance if they desired the appointment. Councilman Ackerly asked if the matter would be resolved if the term "supervisor" was defined. Mr. Wise stated that he would prefer to amend the ordinance to read that relatives of Council members are not banned from City employment. It should be resolved by public hearing. Mayor Elson stated that he deeply valued his vote on the Council and wondered if he would have to abstain from voting on all matters relating to the fire department if his son were hired by the City. Councilman Ambarian stated that he felt this would not be equitable and did not feel that the Mayor would have to abstain from voting on fire department matters. c: n� i' I I 0 i' KHNA1 CITY COUNCIL - REGULAR MEETING August 17, 1977 8: 00 P.M. MOTION: H-3: H-4: a r 1 Page 17 Councilman Sweet stated that he did not feel abstaining from voting would be necessary since the Cmincil would not be Jason's supervisor. Councilman Ambarian moved, seconded by Councilman Sweet, that Article 8, Paragraph N of the City of Kenai Personnel ordinance be amended for Council review to reflect that relatives of Council members could be City employees. Motion passed unanimously by roll call vote, with Mayor FIson abstaining due to possible conflict of interest. Mayor's Report Mayor Elson stated that he had approved a three flay leave for the City Clerk and she wished to extend this two additional days, which requires Council approval. Council inquired if the City Clerk had adequate leave time available to take the two additional days. Mr. Kinney advised that she had adequate leave time available. Council gave their consent to the two additional days of leave. Mayor Elson advised that he had traveled to Seattle to attend an Alaska Municipal League meeting in conjunction with the National League of Cities regional meeting, which included the states of Washington, Oregon and Alaska. The Alaska Municipal League appointed a new director, Mr. Jim Rowley of Fairbanks. The Alaska Municipal League to going to Implement a program to visit communities to explain the League's functions and extend invitations to seminars. The National Teague of Cities discussed the energy policy of the Northwest and its priorities. A computer service was available at the meeting through the Department of Agriculture which located federal programs available to specified cities. This system may become available in Alaska through Farm Home on a fee basis. City Clerk's Report None. Finance Director's Report Mayor Elson stated that he would like a report on the current year's financial status. Mr. Kinney advised that the books for July had been closed and the report would be available the first part of next week. Copys will be mailed to Council members. Planning and Zoning Commission's Report Mrs. Glick stated that the Commission discussed the brokerage of City lands and the land sale request from Mr. Carlson. They also discussed 1 J rl A KENAI CITY COUNCIL - REGULAR MEETING August 17, 1877 8:00 P.M. H-7: I. the development of the intersection of Heaverloop and the Spur. Page 18 Kenai Air Service asked to utilize the buffer strip next to the fire lane on the Airport since their present lot is filled to capacity and there are no other lots available in the General Aviation Apron. They stated that they would allow access to the City through their paved driveway. The Commission advised Administration to pursue an agreement with Kenai Air Service on a temporary basis. At the completion of the planning grant study, the Commission will begin considering development of the City lands to the north of the Airport. Mrs. Glick asked Mr. Wise if he had pursued this matter. Mr. wise stated that he and the Fire Chief had discussed the matter and had asked Mr. Lofstedt to submit a plat. Councilman Ambarian suggested that some time table should be set in the matter. Kenai Peninsula Borough Assembly's Resort Mayor Elson advised that the school board proposal was discussed and will go before the voters as a single issue. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Councilman Ambarian stated that he had noted that Burton Carver had received a 07 year contract for school bus service and wondered where the buses were going to park. Mr. wise stated that he would look into this and that possibly the Concession Area could be utilized for this purpose. RECONSIDERATION - Councilwoman Glick requested that Ordinance 98-77 be reconsidered at the next regular meeting of Council. Council so concurred. There being no further business, the meeting adjourned at It:00 p.m. Respectfully submitted, 17- QPma 17/40j�- Elena Horton, Acting City Clerk 4 i I ' r r CITY OF KENAI CITY MANAGER'S REPORT #23 (August 12, 1977) 1. Public Hearing - Ordinance 355-77 This is the financial/campaign disclosure ordinance. The Council introduced it as prepared and, of course, did direct the Administration that we prepare a local financial disclosure ordinance which will be introduced under "New Business". 2. Ordinance 356-77 A public hearing on remodeling of the Airport Terminal to include moving both the City offices and alterations for the new lessee of the restaurant/lounge. 3. Old Business - Periodic Estimate #8 - Brown Construction I do not have the data from the Inspector on this but hopefully I will have some data for the Council and we shall then be able to act on this particular pay estimate. 4. Lease of Airport Bar & Cafe Again we list the lease of the Airport Bar and Cafe. The reason for this is to discuss the status of the termination of the bar and cafe and clearance of same and if we actually have the signed lease available from Krueger/Gillis, we would like to have it properly ratified by the Council. 5. Resolution 77-100 This amends the Local Roads & Trails Program for 1977-78. This relates to the five roads that the City authorized engineering on and we have now applied for use of Federal funds, LR&T funds and City bond funds for this $442,000 project. The appendices have been prepared from the data received from the engineer and we have discussed it with Department of Transportation representative and we will apparently have no problem getting assurance of State funding. It is simply basically a matter of cancelling by this resolution the two previous resolutions that committed the monies and properly define projects to be done. 6. This is a report on River Bend Sand and Gravel. The Administration has prepared a letter to River Bend Sand and Gravel in draft stating that they have 60 days from time of receipt to correct their down -stream flooding problem. In the event it is not corrected, I will revoke their permit. I have drafted this letter and sent it to the City Attorney for her review. I hope that she can find that it is legally acceptable and we will be able to dispatch it prior to the Council meeting. 7. Ordinance 358-77, which I am asking to amend the Airport Regulations. I i 4 �� " 1 CITY MANAGER"S REPORT, Page Two I believe that this ordinance is self-explanatory. Some major commercial airlines have been using the airport for training and they are not now certified for this airport and, therefore, I believe should contribute to the operation and up -keep of the Airport. Currently, all training or instructional flights are exempt from landing fees. I have asked by my proposed amendment that only those authorized to serve the air field by the CAS or the Alaska Transportation Commission be exempt from landing fees. S. Ordinance 359-77, the City's financial disclosure requirements. I believe this will based on Kodiak ordinance and hopefully will meet the City's requirements and will be able to have it adopted prior to the referendum on the recession of application of State law relative to Financial Disclosure. y. This is the resolution requested by the Council to formally rescind the dedication of certain lands as a future fire substation. 10. This is a in -part payment to Malone Surveying for their work on the FAA complex south of the Spur Highway. 11. Resolution prepared for 1978,79, and 80 LR&T program and these are my concepts and my estimates. The consideration I have here is that we can use Local Roads & Trails programs with local monies to develop a sizable project. I feel that Tinker Lane should be paved not only because of the Jr. High School traffic but also because of the Oiler's traffic and by properly forming an assessment district we can binimize 7) the cost to the individual property owners and provide an adequate facility. The second program is the paving of Highland -- that again is an estimate and it appears to me that this area is beginning to move on re -development and that it would be desirable if we would complete some of the shorter segments in that area to make the area more attractive than it is at this moment. 12. A resolution as the Statement of Assurances required by the Federal Revenue Sharing. 13. Resolution 77-104 authorizes submission of some five CEIP grant applications. These are 100% funded grants by the Federal Government through the State. Considerable monies have been allocated by the State for use in the CEIP program. I know of no one who has formally submitted an application for these funds. The actual distribution of funds is currently in a "hold" status due to what they call a "G-2" process for inter -state allocation formula which the Federal Government must approve. There is a request by the State that we submit applications prior to the first of September for the first fiscal year's allocation. The applications I have submitted here essentially are in the priorities I feel are necessary for the City. Number one is a topographical study which will be aerial photographs and from that develop a contour map of the City and actually more than that it will develop a drainage pattern, it will give us the data we need for location for location of water and sewer lines and hopefully be a major tool in the development of major land use concepts for the City and identify some of the problems we have with River Send Sand and Gravel. kjThe second item is a $125,000 for engineering money. This is preliminary engineering money to design some additional streets for up -grading some existing streets and push some new streets through. You will find the list included in the application. The next item is monies for water and CITY MANAGER'S REPORT, Page Three sewer lines. These are extensive projects -- some of which I do not see being done perhaps in three to five years or even longer. However, engineering that we can get done and put on the shelf will give us the opportunity when the situation warrants, we can go to bid and to make realistic estimates of the cost of the project at the current rate of activity. The next item perhaps should be moved earlier. Here I am requesting $35,000 engineering study for developing a plan for the 30+ acres that the City has adjacent to the Oiler's ball field. A development plan has been a "bone of contention" with the Oilers relative to their commitment to do some work in our behalf. Additionally, we do need more lots for football, baseball, softball, etc -- perhaps even tennis courts. If we obtain through referendum some additional Civic Center monies for recreational facilities, that means we will have roughly $325,000 plus the possibility of BOR funds. We ought to be able to really develop that 30 acres into a very meaningful and worthwhile project. I would prefer, however, to use Federal funds as much as possible to come up with the basic architectural work for the area. The last item (E) is a $200,000 for funds in developing a performing arts facility. This could well be the auditorium we desire. I considered here a major project and at 6% architectural fee, you had a multi -million dollar auditorium, however, we can design what we want and we can modify this sum to something less in concept. The total grant request if $735,000. I have serious doubts that we will get all of it but I think that we should get in there and try and get some of the monies available. Such it is a 100E grant monies, I see no problem in asking. 14. This is discussion of three corners (unoccupied corners) of the Spur and Beaver Loop. Number one being the Ackerly/O'Connell plat which we have had developed and available for the Council's review. It has been reviewed by the Planning Commission and there were some comments made by the Commission as to the access drives to Beaver Loop which will be presented in detail at the public meeting. Item B is the platting of the next corner or the 29 acres which was received from FAA recently. The intention here; is to plat a buffer strip to protect the Walker Lane area, a right-of-way on the south, to provide access to the remaining large unsubdivided tract, to establish dedication of easements and vacate a right-of-way. Item C is a lease concept application by First Federal Savings & Loan Association for the third corner - the irregular area of approximately 184,000 square feet. The Planning Commission was presented with a blueprint and artists sketch of the proposed 2-story building and they recommended approval of the concept. 15. City land sale request by Dennis Carlson -- which was mentioned at the last Council meeting. The Planning Commission has agreed with the concept. I need Council approval to move on finalizing the lot size desired by Mr. Carlson and having it platted. At this time we would desire to move on with our platting to plat properly and dedicate properly the boat ramp road as well as the boat ramp area including parking facilities that we have in that area as they should not be just a part of a larger area but properly identified. 16. In your packet is a proposed agreement with USGS and the program is for funds that the Ciry has used to test or develop a well shall be applied to matching funds for Federal activities. This in essence provides that some $10,000 can be easily identified as being spent for testing and development of Well 2 and be matched by USGS and they will, therefore, spend some money of their own in doing further tests in this immediate area. I recommend approval of the agreement. CITY MANAGER'S REPORT, Page Four 17. Tho Council has asked for a lease policy relative to City real estate particularly the airport system lands. I have not yet been able to prepare anything on this. I feel, however, that it is tied to the real estate broker proposal which is still being discussed by the Planning Commission and I will try to prepare a working paper for both the Planning Commission and the Council in the next few weeks. 18. There was a request at the last Council meeting referencing cost of a Civic Center shell as I understand it. I have no data at this moment ket I will do my best to have some data for the Council next Wednesday. 19. Our Parks Maintenance Crews has worked on the cemetery and I feel it has improved considerably. However, I would point out that all our parks and the cemetery still could use considerably more effort. 20. in reference to the question as to the curbs on the access/frontage road in front of Glacier State and Kenai Elementary, the sand area was removed and we used the last of the gravel we had to replace it to make that road area viable. 21. The street crew has basically been working on oiling programs. We have oiled in Thompson Park and other parts of the Crew have been working on blading streets throughout the City. One part started in VIP and has worked that area over and as I said we are blading in Thompson Park as well as oiling there. The crew has been working and accomplishing considerable amount of maintenance to our City streets. 22. Water and sewer activities have been relatively routine except for the major connection we had Wednesday night Thursday morning, which in spite of all of our efforts turned into a minor catastrophe, major, I guess in some people's I guess. We felt that we had the situation pretty well laid out, however, we did have some trouble actually with the existing main that delayed the project somewhat and caused us to run into the early morning hours. t J