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HomeMy WebLinkAbout1977-09-07 Council Minutes• A a e N 11 A KENAI CITY COUNCIL - REGULAR MEETING SrPTL%I1JrR 7, 1077 - 8:00 11.11. KENAI PUBLIC SAFETY BUI:.DING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 358-77, Amending the 1976 Kenai Municipal Airport Regulations 2. Ordinance 361-77, Rescinding Ardinnnce 338-77 and declaring an emergency 3. C. PERSONS PRESENT SCHEDULED TO BE NP.ARA 1. Helen Simpson representing Kenai Snptiet Temple 2. Gene Kempf - regarding the Float Plane Basin 3. 4. D. MINUTES 1. Minutes of the regular meeting of August 17. 1077 E. CORRESPONDENCE 1. Letter of Resignation from Kenai Advisory Planning Commission/Milton Stasek 2. F. OLD BUSINESS 1. 3. 0. NEW BUSINESS 1. Hills to be paid - bills to be ratified 2. Ordinance 382-77. Increasing estimated revenues a appropriations 3. Ordinance 382-77, Highway Safety Planning Agency Grant 49-77-3-f /29 4. Resolution 77-112. Transfer of Funds for surveyinv, a platting City lands 5. Resolution 77-113. Transfer of Funds to re -wire ahoe for sign baking fnnehine 8. Resolution 77-114, Transfer of Funds to cover freight costs for front-end loader 7. Resolution 77-115, Supplemental Stop I Sewerage Treatment Plant study S. Resolution 77-116. Rejecting bids for two police care 9. Resolution 77-117, Rejecting bids for janitorial service in the Wenat Library 10. Resolution 77-118, Awarding bids contracts for Petroleum Products U. Resolution 77-119, Awarding contract for janitorial sorvies, in Police Department 12. Lease of Airport Lands or Facilities - Brian L. a Nancy J. Peak (Raven Transit) 13, Assignment of lease - Walter C. and Morin R. Church 14. Amendment to Lease - Charles J. Crabsugh 15. Payment to CH2M Hill - Professional Engineering Services 16. Payment to CHST Hill - Professional Engineering Services 17. Payment to Wince-CorthoU a Associates - Professional Engineering Services 18. Periodic Estimate No. 10. Interstate Company, Inc. 19. Discussion: Mutual Aid Agreement 20. Discussion: Public Nuisances 21• Ordinance No. 384-77. Amendina Peraennel Regulations 22- Resolution No. 77-120. Certifying the census of the City of'(enni no of 7-1-77 23. 24, H. REPORTS 1. City Manager's Report #24 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report 5. Finance Director's Report 8. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report 1. PERSONS PRESENT NOT SCIIF.DULED TO BP HEARII ADJOURNI%IPNT n 4 KENAI CITY COUNCIL - REGULAR ?MI STING SEPTEMBER 7, 1977 - 8:00 A.M, KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Richard Morgan, Walter Sweet, Ed Ambarian, Tom Aekerly, Betty Glick and James Elson Absent: Dian Whelan AGENDA APPROVAL The following additions were approved: 0-21: Ordinance 364-77, amending the Personnel Regulations to clarity Paragraph N concerning relatives in City service 0-22 Resolution No. 77-120, certifying the census of the City of Kenai as of July 1, 1077 RECONSIDERATION Councilwoman Glick requested reconsideration of Ordinance 350-77, an ordinance requesting disclosure of financial and business interests of Municipal officers and prohibiting activities determined to be in conflict with municipal interests, under "Old Business". Council unanimously concurred. B . PUBLIC HEARINGS B-1: Ordinance 3W77 - Amending the 1976 Kenai Municipal Airport Regulations Mayor Elson read Ordinance 358-77 by title only. "An ordinance of the Council of the City of Kenai amending the 1970 Kenai Municipal Airport Regulations." Mr. Wise advised that this ordinance was prepared due to increased use of the airport by commercial carriers practicing touch and goes. Mayor Elson opened the hearing to the public. There was no public comment. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to table Ordinance 358-77, amending the 1070 Kenai Municipal Airport Regulations until such time that Comment has been received from the Federal Aviation Aviation. Motion passed unanimously by roll call vote. i I I . tI 1 i 0 1 0 REGULAR MEETING, SPPTEMBFR 7, 1977 PAge 2 B-2: Ordinance 361-77, Rescinding Ordinance 338-77 - & Declaring an Emereene Mayor Elson read Ordinance 361-77 by title only. "An ordinance of the Council of the City of Kenai rescinding Ordinance 338-77 in which the question of dedicating certain bond funds to the construction of streets and recreational facilities mould be submitted to the qualified voters of the City of Kenai at the next regular election and declaring an emergency." Mayor Elson opened the hearing to the public. There was no public comment. MOTION: Councilman Aekerly moved, seconded by Councilwoman Glick, for adoption of Ordinance 361-77, rescinding Ordinance 338-77 and declaring an emergency. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Mrs. Helen Simpson representing Kenai Baptist Temple Mrs. Simpson advised Council that the Kenai Baptist Temple group had another buyer for their facility and properties and would be vacating the premises as soon as their new facility was completed. Mrs. Simpson further advised that they were prepared to present an offer to Council for their consideration in settlement and such offer would be $1,000 and reach an agreement as to the exact date the KBT would vacate the premises. Councilman Morgan inquired If Mrs. Simpson were also asking that the KBT group be allowed to operate their school in the present location until such time as the sale of the property has been consummated? Mrs. Simpson stated that she felt very confident that the sale would be closed on October 4th and would suggest that November 15th would be a realistic date for the school to be moved to the new facilities. Councilman Ambarian inquired from the City Attorney if settling on the date of vacation, etc., would this action affect the City's position on the pending court action? City Attorney Williams advised that the matter would be considered settled. Councilman Sweet asked Mrs. Simpson if her client would be willing to put up some type of escrow account to assure that the school would be out of the facility by November 15th? Councilman Sweet further stated that it had been agreed upon that the school would be out of the premises and not operating again this school year -- perhaps the monies in escrow could be held and would then be used as negotiated penalties if the school remained in the facility after a vacation date had been set. City Attorney Williams advised that a penalty would also be enforced by contempt powers of the Court. Councilwoman Glick reminded Council that the Kenai Baptist Temple were again in violation of the ordinance as in the minutes of the meeting of October 20, 1976, Mr. Larrabee stated that vacation of the premises would be no later than .Tune 30, 1977 -- it was then the understanding of the Council that the church would not be operating a school in the facility after that date. REGULAR MEETING, SEPTEMBER 7. 1077 Page 3 I I Councilman Sweet inquired as to what expenses had the City incurred to date on this matter and was advised by City Attorney Williams that there had been some j funds expended for filing costs and her time on the case which would be approxi- mately 25 hours. Councilman Sweet asked Mrs. Simpson what type of penalty would they deem equitable if the school were still operating after November 15th? Mrs. Simpson advised that her client would abide by the ordinance in that a $100/day penalty could be levied. MOTION: i Councilman Sweet moved, seconded by Councilman Morgan, that the City offer a settlement sum in the amount of $1,600 to the Kenai Raptist Temple and specify i that for occupancy and operation of the school after November 15, 1977, the City of Kenai shall levy a $100/day a penalty to KRT until such time they have { permanently vacated the premises. MOTION - AMENDMENT Councilman Sweet moved to amend his motion to state that in addition to the settlement monies, KBT shall place in escrow $2,000 to be held for purposes of penalty. After considerable Council discussion, Councilman Sweet withdrew his motion. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilwoman Glick, to amend the main motion to include a statement of validity of the zoning ordinances in the settlement stipulation. Motion passed unanimously by roll call vote. I MOTION, MAIN - AS AMENDED Passed unanimously by roll call vote. I C-2: Mr. Gene Kempf - Float Plant Basin Mr. Kempf advised Council that he operated a float plane service out of the City's float plane basin and upon returning on a flight, found that the City had changed the locks on the gate thus requiring Mr. Kempf to contact the control 1 tower to have a City staff member open the gate. Mr. Kempf stated that he felt i the Cite should have given him prior notification and further that he objected to i the City "shutting down his operation" in this manner. Mayor Flson asked what revenues the City was deriving from his business and Mr. Kempf advised that he was not leasing space from the City nor purchasing his gasoline in this area. Mr. Wise advised that it would be some time before the City would be leasing the area around the float plane basin . Councilwoman Glick inquired H the properties around the float plane basin would not be included in the airport �.: study and Mr. Wise advised that this concept was under consideration and would be included in the report. e , w .. .. tlYY1rI REGULAR MEETING, SEPTEMBER 7, 1977 Page 4 Mr. Wise advised Council that the gate had been continually left unlocked and the area was a potential hazard area because of the water reservoir. Councilman Sweet stated that the City had an obligation to allow Mr. Kempf to operate his business and perhaps the City could provide some means of collecting revenue from use of the area. Councilwoman Glick suggested that Mr. Kempf rearrange his schedule so that his access to the area would not conflict with keeping the gate locked at all times. Mayor Elson stated that the Council and the City could not make any guarantees as the float plane basin was sub -standard and the control tower did not have visual access, the City would have too great a liability if the area were leased as is -- Mayor Elson further stated that this situation would have to be a "give and take" operation in that Mr. Kempf would have to comply with the City's request that the gate be kept locked at all times and that the City would make an effort to advise in advance when the looks were to be changed in the future. Council so concurred. D. MINUTES D-1: Minutes of the regular meeting of August 17, 1977 Councilwoman Glick requested that the minutes be amended to include under "Persons Present Not Scheduled to be Heard" her request for reconsideration _ of Ordinance 359-77 at the next regular meeting of the Kenai City Council. The minutes were approved as corrected. E. CORRESPONDENCE E-1: Letter of Resignation - Kenai Advisory Planning Commission Mayor Elson acknowledged receipt of a letter from Milton Stasek from the Kenai Advisory Planning Commission and requested suggestions of names for consideration for appointment to the Commission. F. OLD BUSINESS F-1: Ordinance 359-77, Disclosure of financial a business interests of municipal officers Mayor Elson read Ordinance 359-77 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." Councilwoman Glick stated that she felt Ordinance 359-77 should be tabled until such time that Councilman Whelan was in attendance as the ordinance had been prepared at his request. MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, to table Ordinance 359-77, disclosure of financial and business interests of municipal officers. Motion passed unanimously. i i 1 . REGULAR MEETING, SEPTEMBER 7, 1077 Page S G. NEW BUSINESS Bills to be paid - bills to be ratified MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for approval of items to be paid and ratification of those items as listed on disbursements dated 9-7-77. Motion passed unanimously by roll call vote. G-2: Ordinance No. 382-77 - Increasing estimated revenues & appropriations Mayor Elson road Ordinance No. 382-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the Federal Revenue Sharing fund in the amount of $2,000 for a steam cleaner. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for introduction of Ordinance 382-77, increasing estimated revenues and appropriations for purchase of a steam cleaner. Motion passed unanimously by roll call vote. 0-3s Ordinance 383-77 - Highway Safety Planning Grant 49-77-3-C/29 Mayor Elson read Ordinance 303-77 by title only. "An ordinance of the Council of the City' of Kenai amending the 1977-78 General Fund Budget by appropriating $2,050 to the General Fund, Budgetary Guideline entitled "highway Safety Planning Agency Grant #49-77-3-C/29" and increasing estimated revenue "Highway Safety Planning Agency Grant 49-77-3-C/29" by $2,050. Mr. Wise advised this was a 100% funded grant for the purchase of one MV Mange Master 715 Radar Gun. Councilman Sweet stated he was opposed to the use of Federal and State monies just for the purposes that they were available and 100% funded, etc. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance 383-77, Highway Safety Planning Agency Grant 949-77-3-C/29. Motion passed by roll call vote. Voting yes; Morgan, Ambarian, Ackerly, Glick and Elson. Voting no; Sweet. G-4; Resolution 77-112, Transfer of funds for surveying a platting City lands Mayor Elson read Resolution 77-112, "Now, therefore, 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: Contingency - ($2,000) To: Non-depart- 11 11 1 i Csy.X _ 11 r E-� KENAI CITY COUNCIL, REGULAR MEETING, SEPTEMBER 7, 1077 Page 6 mental/professional services - $2,000. The purpose of this resolution is to transfer funds within the General Fund to provide funding for surveying and Platting of City -owned lands. Mr. Wise advised that these monies would be used to survey that area adjacent to the City boat ramp for possible sale or lease in the future. MOTION: Councilman Ackerly moved, seconded by Councilwoman (click, for adoption of Resolution 77-112, transfer of funds for surveying and platting of City -owned lands. Motion passed unanimously by roil call vote. G-5: Resolution 77-113, Transfer of Funds to re -wire shop for sign baking machine Mayor Elson read Resolution 77-113. "Be it resolved by the Council of the City of Kenai, Alaska that the following transfer of monies be made within the 1977-78 General Fund Budget. From: Public Works - Shop/Repair a Maintenance Supplies - ($860) . To: Public Works - Shop/Repair a Maintenance - $860. The purpose of this resolution is to transfer funds within the 1977-78 Shop Budget to pay for re -wiring in order to utilize the sign baking machine." Council questioned the location of the sign baking machine and was advised by Administration that it would be installed in the Sewer Treatment Facility. Council requested information as to placement, space available, etc. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, to table Resolution 77-113, transfer of funds to re -wire for sign baking machine. Motion passed unanimously by roll call vote. G-6: Resolution 77-114, transfer of funds to cover freight costs for front-end loader Mayor Elson read Resolution 77-114. Be it resolved by the Council of the City of Kenai that the following transfer of monies be made within the 1077-78 General Fund Budget. From: Public Works - Shop/Repair a Maintenance Supplies - ($1,500). To: Public Works - Shop/Transportation - $1,500. The purpose of this resolution is to transfer funds within the Shop Budget to pay round-trip freight charges on the 966 front end loader so that it can be repaired in Anchorage. Mr. Wise advised that it was deemed necessary to send the front-end loader to Anchorage to determine what repairs would be required. Mayor Elson, with Council concurrence, directed that no repairs would be made until such the Council had been presented with exact cost figures. . _ <-. __ _ I REGULAR MEETING, SEPTEMBER 7, 1977 Page 7 MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of r Resolution 77-114, transfer of funds to cover freight costs for front-end loader. Motion passed unanimously by roll call vote. G-7: Resolution 77-115, Supplemental Step I Sewerage Treatment Plant Study Mayor Elson read Resolution 77-115. "A resolution of the Council of the City of Kenai confirming authorization that the City Manager apply for a Supplemental Step I Sewerage Treatment PIant Study Grant. Whereas, Step I Study work to -date indicates a major inflow into sanitary sewer lines in the vicinity of downtown Kenai, and Whereas, the initial grant application did not include smoke testing, which is a good method of deforming the source of major Inflow, and Whereas, there is a high probability that corrective action relative to inflow could be accomplished this year and, therefor, a telephone poll was deemed important to expedite this project. Now, therefore, be it resolved by the Council of the City of Kenai that the telephone poll authorizing the City Manager to apply for a supplemental grant in the amount of $9,000 -- with Environmental Protection Agency funding $6, 000; Department of Environ- mental Conservation funding fl , 000 and the City of Kenai funding $1, 000, is hereby confirmed. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of Resolution 77-115, Supplemental Step I Sewerage Treatment Plant Study and stipulating that the City's share of $1, 000 be from the water/sewer bond monies. Motion passed unanimously by roll call vote. G-8: Resolution 77-116, Rejecting bids for Police Cars Mayor Elson read Resolution 77-116, a resolution of the Council of the City of Komi rejecting bids received for two police cars. Whereas, the City 1 advertised for bids on two (2) new police cars anticipating that 1978 pricing would be released by the manufacturers, and Whereas, only one (1) bid was received showing a percentage increase in price over 1077 prices and all other expected bidders declined to bid without specific prices; and Whereas i the request for bids appears to have been premature. Now. therefore, be it resolved by the Council of the City of Kenai that all bids received be rejected and the request for bids be re -advertised. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Resolution 77-116, rejecting bids for police cars. Motion passed unanimoady by roll call vote. G-9: Resolution 77-117, Rejecting bids for janitorial service in the Kenai Library r , REGULAR MEETING, SEPTEMBER 7, 1977 Page 8 Mayor Elson read Resolution 77-117 , "A resolution of the Council of the Pity of Kenai rejecting bids for janitorial service in the Kenai Community Library. Whereas, the City of Kenai solicited bids for janitorial services for the Kenai Community Library, and Whereas, the requested services were thought to be in line with the amount budgeted, and Whereas, the lowest bid exceeded budgeted figures by a significant amount, and Whereas, it is doomed in the best interests of the City to reject all bids and modify the services requested. Now, therefore, be it resolved by the Council of the City of Kenai that all bids received for janitorial services in the Kenai Community Library are hereby rejected. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Resolution 77-117, rejecting bids for janitorial service in the Kenai Community Library. Councilman Morgan stated he would vote against the motion as he folt going through bidding procedures again would be just a duplication of effort and the City Manager should be directed to negotiate with the lowest bidder. QUESTTION: Motion failed by roll call vote. Voting no; Morgan, Ambarian, Ackerly, Glick and Elson. Voting yes; Sweet. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, that the City Manager be authorized to negotiate a contract for janitorial services in the Kenai Community Library with the lowest bidders and bring back the proposal to the Council for further consideration. Motion passed by roll call vote. Voting yes; Morgan, Sweet, Ambarian, Glick and Elson. Voting no; Ackerly. G-10: Resolution 77-118, Awarding Bid contracts for Petroleum Products Mayor Elson read Resolution 77-118. A resolution of the Council of the City of Kenai awarding bids for petroleum products. Whereas, the City of Kenai solicited bids for the purchase of petroleum products, and Whereas, two bids were received for products specifically requested by the City of Kenai. Now, therefore, be it resolved that the following bids and amounts be hereby accepted and contracts awarded for the bidders as named: Doyle's Fuel Service, Inc. - 5,000 gallons ill stove oil at .430/per gallon; 25,000 gallons N2 Diesel fuel at .424/per gallon, Chevron U.S.A. all other items as specifically requested on the attached acceptance form wth the exception of 500 gallons of anti -freeze (Glycol) of which no bids were received or submitted. 1 1 f f t REGULAR MEETING, SEPTEMBER 7, 1977 Pago 9 MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Resolution 77-118, awarding bid contracts for petroleum products. Motion passed unanimously by roll call vote. G-11: Resolution 77-110, Awarding contract for Janitorial service in Police Dent. i Mayor Elson read Resolution 77-119. A resolution of the Council of the City of Kenai awarding a contract for janitorial services in the Kenai Police Department. Whereas, the City of Kenai solicited bids for janitorial service for the Kenai Police Department, and whereas, four bids were received -- the lowest bid being $208 per month from ServieeMaster of Kenai; other bids were $268/month, $280,81/month and $1,300/month. Now, therefore, be it resolved by the Council of the City of Kenai that a contract for janitorial services for the Kenai Police Department is hereby - awarded to ServiceMaster of Kenai for the period of September 18, 1977 to June 30, 1078 at the rate of $208/month . " a MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for adoption of Resolution 77-119, awarding contract for janitorial service in the Police Department. Motion passed unanimously by roll tail vote. 0-12: Lease of Airport Lands or Facilities - Brian L. a Nancy Peck(Raven Transit MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, for approval of lease of Counter Space #16 (60 square feet), first floor, Kenai Municipal Airport Terminal Building, for a period of one year at the annual rental rate of $848. Motion passed unanimously by roll call vote. 0-13: Assignment of Lease - Walter a Gloria Church MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for approval Y of Assignment of Lease to Alaska State Bank from Walter C. a Gloria R. - Church of Lot 6, Block 2, Fidalgn Subdivission for collateral purposes, Motion passed unanimously by roll call vote. ;I � C REGULAR MEETING, SEPTEMBER 7, 1977 Page 10 0-14: Amendment to Lease - Charles J. Crabaugh Mr. Crabaugh requested an amendment to their lease of Lot ]A, Block 1, Deshka Subdivision so that the 5-year renegotiation terms were not so "open ended". Mr. Crabaugh advised that he was having difficulty in obtaining financing because of these terms of the lease. Councilman Morgan asked if the City would he setting a precedent in amending the renegotiation clause? Mr. Wise advised that the clause was very "open ended" and several lessees had had difficulties in obtaining financing. Councilman Morgan asked if Mr. James Payne, local banker, would offer his comments on the matter and Mr. Payne advised that felt the 6% of the appraised value was a fair rate, depending upon maximums required, etc. Mayor Flson asked the City Attorney if the Quit Claim Deed from the FAA would require Fair Market value -- City Attorney Williams advised that this could be a pro- blem U the 125% did not meet the fair market value. Councilman Ambarian suggested that the City not make rapid changes without investigation so that the matter could be dealt with fairly. Councilwoman Glick stated that the Council has made revisions on terms of leases (time periods, etc.) and the Council could therefore make provisions with regard to this matter and revise the renegotation clause contained in the lease form at a later time. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to amend the terms of lease to Charles J. a Roberta Crabaugh for Lot IA, Deshka S/D to be based on 6% of the appraised value of 135% of the previous lease, whichever is less. Councilman Sweet stated that he would vote against the motion as the inflation rate may exceed the 6% inflation rate. QUESTION Motion failed by tie vote. Voting no; Sweet, Ambarian and F.lson. Voting yes; Morgan, Ackerly and Glick. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, to amend the Crabaugh lease of Lot IA, Deshka Subidvision, that a maximum rate the City can charge is 10% of the appraised value or Wpoints per year above the National Inflation Rate. Motion passed unanimously by roll call vote. i I i i REGULAR MEETING, SEPTEMBER 7, 1977 Page 11 0-18: Payment to C112M Hill - Professional Services MOTION: Councilman Sweet moved seconded by Councilman Ambarian, for approval of professional services and oxpenRes regarding I/I Study through July 24, 1977 in the amount of $977.53 to CH2M HUI. Motion passed unanimously by roll call vote. 0-18: Payment to CH251 Hill - Professional Services MOTION: Councilman Ambarian moved, seconded by Councilwoman thick, for approval of payment in the amount of $2, 830 for services through July 24, 1977 with regard to the facilities plan to C112M Hill. Motion passed unanimously by roll call vote. 0-17: Payment to Wince-Corthell a Associates - Professional EnKineering Services MOTION: Councilmman Sweet moved, seconded by Councilwoman Glick, for approval of payment to Winco-Corthell a Associates in the amount of $6, 073.50 for engineering services, 1077 Water, Sewer and Street Projects. Motion passed unanimously by roll call vote. 0-18., Periodic Estimate No. 10 - Interstate Company, Inc. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for approval of periodic estimate no. 10 to Interstate Company, Inc. in the amount of $77,153 on EDA Water Project 07-01-01884, Motion passed unanimously by roll call vote. 0-19: Discussion - Mutual Aid Agreement Mr. Wise advised that all revisions, etc. had been approved by Soldotna and the agreement was now ready for signature. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to table the matter of the Mutual Aid Agreement until the Council had been furnished with a copy of the Mutual Aid Agreement. r � . REGULAR MEETING, SEPTEMBER 7, 1977 Page 12 1 Councilman Sweet stated he felt that the matter should not be tabled and the agreement signed as the Agreement had been prolonged long enough. QUESTION Motion passed by roll call veto. Voting yes; Morgan, Ambarian, Aekerly, Glick and Elson. Voting no; Sweet G-20: Discussion - Public Nuisances Mr. Wise advised that several of the public nuisances had been taken care of, however, there wore four structures that the City would have to take action on. Mr. Wise requested Council authorization to proceed with the proper transferring of binds to provide the monies to take care of these four structures. There was no objection from Council. 0-21: Ordinance 364-77 - Amending Personnel Resulations Mayor Elson read Ordinance 364-77 by title only, An ordinance of the Council of the City of Kenai amending the Personnel Regulatons to clarify Paragraph N concerning relatives of Council members in City Service. MOTION 1-0 Councilman Ambarian moved, seconded by Councilman Morgan, for introduction of Ordinance 364-77, amending Paragraph N of the Personnel Ordinance. Motion passed unanimously by roll call vote with Councilwoman Glick and Mayor Elson abstaining due to possible personal conflict of interest, G-22: Resolution 77-120, Certify ing_the census of the City of Kenai as of 7-1-77 Mayor Elson read Resolution 77-120, A resolution of the Council of the City of Kenai certifying the census of the City of Kenai, Alaska as of July 1, 1077. Whereas the City of Kenai to submitting its application of State Aid to Local Governments, and Whereas, a portion of this application is based upon a population census, and Whereas, the Council of the City of Kenai has reviewed the now population census computation, and Whereas, the Council of the City of Kenai to in agreement with the census computation. Now, therefore, be it resolved by the Council of the City of Kenai as follows: The population census of the City of Kenai as of July 1, 1977 is 5,822. MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, for adoption of Resolution 77-120, certifying the census of the City of Kenai at 5,822 as of 7-1-77, Councilwoman: Glick inquired if the increase in population would entitle the City to an additional representative on the Borough Assembly. Administration was directed to inquire. Motion passed unanimously by roll call vote. r. mot! REGULAR MEETING, SEPTEMBER 7, 1077 Page 13 CONSIDERATION - LETTER FROM GERALD WASSON Councilwoman Glick requested consideration of the letter received from Mr. Wasson. Council so concurred. Finance Director Ross Kinney advised that after reviewing the Borough tax ordinance it was found that computation had not been correct on various City leases. Consequently, the finance department had adjusted several of their billings and several lessees objected to the increase in payment. Mr. Kinney advised that the ordinance reads: "any annual lease payment will be divided by 12 and the maximum tax will be applied on that amount and billed accordingly.". Mr. Wasson further requested waiver of penalty and interest as he had made his payment late. Council concurred that the finance department proceeded in a proper manner with regard to the billings and did not waive penalty and interest. H. REPORTS t H-k City Manager's Report #24 Mr. Wise advised that he had no additions to his report as submitted to Council on { Friday, MAYOR h COUNCIL - QUESTIONS AND DISCUSSION Councilman Ambarian asked the status of the lights requested to be replaced by HEA. Mr. Wise stated he would cheek to we the status and if HEA has been contacted. Mr. Wise reported that River Bend Sand and Gravel permit should go back to the Planning Commission for an amendment to their conditional use permit. Councilman Sweet noted that the sidewalks had not been cleaned off as yet. H-2: City Attorney's Report City Attorney Williams advised that the appeal on the Kenai Baptist Temple suit had not been actively pursued because of the potential settlement. Also, a new Judge has been appointed to the case and there will be hearing on the matter on Tuesday. i City Attorney Williams advised that she had given Council a copy of the latest draft of 0, stipulation and letter to EPA explaining the differences as submitted by the City. Councilman Morgan stated that he felt perhaps the City should offer a larger settlement figure. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, to amend the stipulation to include $1,000 rather than $100, Motion passed unanimously by roll call vote. A u VI _ REGULAR MEETING, SEPTEMBER 7, 1977 Page 14 H-3: Mayor's Report None H-4: City Clerk's Report City Clerk Sue Peter reported on the nominating petitions for the upcoming election of October 4, 1977. H-S: Finance Director's Report Mr. Kinney reported that the audit would probably be completed a week from Friday. Also, the property that the Federal Government owed assessments on to the City of Kenai -- there is probably no hope that the City will be able to collect any monies owing. H-8: Planning a Zoning Commission's Mwort None H-7: Borough Assembly's Report Mayor Elson reported on the Kenai Peninsula Borough Assembly meeting of September 6, 1977. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD i-b Councilman Ackerly rquested the Council establish a Civic Center Committee to pursue the idea of a Convention Center, Mayor Elson asked Councilman Aekerly to chair the committee and appointment of members to the Committee would be made aecordingly. 1-2: Finance Director Ross Kinney advised that Crown Developers were delinquent on the extension given for assessments due and payable August 301h, There being no further business to be brought before the Council, Mayor Moon adjourned the meeting at 11: 30 p.m. Respectfully submitted, J e Su C . Peter, City Clerk O � R M CITY MANAGER'S REPORT #24 (September 7, 1977) 1. Ordinance No. 388-77 We have a public hearing on this ordinance, which is the amendment to the Airport Regulations providing for landing fees for touch and goes for such aircraft as Wien's recent practice flights. A copy of this ordinance has been sent to the FAA for their comments. As of this moment, a response has not been received; however, it will be provided to the Council as soon as received. 2. Ordinance No. 361-77 This is an ordinance to rescind the ordinance calling for the referendum on the Civic Center bond funds. 3. Correspondence from Gerald Wassons Lease Payments I will not comment on this letter at this time and suggest that any questions be submitted to the Finance Director. 4. Ordinance Accepting Radar Gun Grant We are asking for introduction of this ordinance which is relative to a radar gun, available through a tr4ffie safety grant. S. Survey of City Lands Transfer of funds from Contingency to Non -departmental admin- istration for survey of the City lands in the vicinity of the boat ramp, particularly the lands which Dennis Carlson has asked to purchase. 6. Purchase of Steam Cleaner We are requesting to provide funds for the purchase of a steam cleaner. The steam cleaner we currently have is essentially unuseable and a new one is needed. Since this is a capital item it is appropriate that we use the federal revenue sharing monies to make the appropriate purchase. 7. Reiectina Bids on Two New Police Cars This is a resolution rejecting bids received on two new police cars. We received one bid from Peninsula Ford which simply indicated that there would be a six percent increase in 1978 prices. we also received a letter from Alaska Chrysler that they would not submit a bid because price determination had not been made by the factory. In view of this, it appears that our request for bid was premature and the bids should be rejected and readvertised if Council concurs. r . City Manager's Report #24 Page 2 S _ 01 S. Award of Contract for Janitorial Servicess Police Department A resolution awarding the contract for janitorial bid to Service Master of Kenai for the police department. I recommend approval of this award. 9. Rejection of Bids for Janitorial Contracts Library in discussing this with the Librarian, it is felt that we must reject the bids received as they exceed the budget allocation. We will re -write the bid specifications and thereby hopefully reduce the cost of the bid. 10. Smoke Testing to Alleviate Peaking Flows at Sewage Treatment Plant in Wocussing the sewage problems of the City with our consultant, it became apparent that the bulk of our water i inflow into the system comes during heavy rains. From the onset of such rains, we have peaking flows at the Sewage Treatment Plant within one hour. Simply by mathematics, it was determined that the major inflow must occur in the central business district and it must be sizeable deviation . from standard. Therefore, it is entirely possible and probable that there is a major fault in the system. Smoke testing should amble us to identify that clearly and we would then be required to correct the situation. This should, Alleviate alot of our problems with EPA. 11. { Transfer of Funds to Provide for Wiring of Sign -Baking Machine This is relative to the transfers within the City Shop. We need to place funds in repair and maintenance to provide for wiring of the sign -baking machine which we have currently _ positioned in the Sewage Treatment Plant. The cost is of such a nature that is is required that the transfer be made. 12. Resolution Awarding Contract for Petroleum Products A resolution awarding gasoline and miscellaneous petroleum products bid. 13. Certification of Population - We do not have data as of this moaent; however, it appears in regard to population that we could justifiably list the population at approximately 6,000 people, which is a significant increase over our previous reported population. At this time we feel that we will be able to fully justify an additional six plus miles of roads within the City by providing adequate -- information, bringing our road mileage up to approximately forty J miles. L I J , i a - _G— f N City Manager's Report #24 Page 3 (-) 14. Discussions Mutual Aid Agreement This document is included in your packet and has been approved by the Soldotna City Council and presumably, since it is drafted by Chief Davis of the North Kenai Fire Department, it will be approved by that department. There is no basic problem with the mutual agreement as it is understood; however, as I have been quoted, the agreement will not be as effective as it reasonably could be inasmuch we are missing adequate communications systems between all three agencies. Without this, there are going to be problems with the program. However, it does not mean that the mutual aid agreement should not be approved by the Council. 15. Discussions Abatement of Public Nuisances In regard to the Council's directive requiring the abatement of public nuisances, we essentially at this moment have four structures declared public nuisances which have not been touched. we have made an estimate of the cost to remove these buildings and we believe that to do it by contract would cost approximately $2,000 - $2,500. Be prepared to discuss this more fully at the meeting. 16. Payments We have payments to Interstate, CH2M Hill, wince-Corthell and TRA-TAP. All payments appear to be in order and I recommend approval. 17. Lease for Terminal Spaces Raven Transit There is a terminal lease with Raven Transit, which has been delayed and should be renewed. There is an assignment requested by the Churchs relative to their lot on Willow Street. There is a lease adjustment requested by the Crabaughs and correspondence is included in the packet relative to thl.s. It appears that in this case that there is a justifiable request and may be an appropriate change to be made in all of the City leases. 18. Conditional Use Permits River Bend Sand and Gravel Bob Borgen, representing River Bend Sand and Gravel, was in the office the other day discussing possibilities of complying with the requirements of diverting the water from Beaverloop and I pointed out that while we had no hydrological or topographical data which would assist him, it appeared that preparing a ditch to the east to get to natural drainage would alleviate the problem and perhaps could make his operation viable. 19. Advertisement for Bids for Culverts c We are advertising for bids on three different groups of culverts, one to go in the Airport Way, in front of the City Shop driveway, as we have flooding there during "breakup". The second would go into Fiddler Road, which is actually what would be Lawton had it been extended. we are crossing a major gulley. The third set r City Manager's Report #24 Page 4 of culverts would be for the access road to the boat ramp. 20. Advertisement for Asphalt Laying Bid We are also advertising for asphalt -laying bids, where we would prepare the particular cut and have an appropriate asphalt -laying company lay and roll the asphalt in place. This will cover some cuts in Willow, in the Old Townsite and other locations. There are a number of miscellaneous projects which need to be accomplished to prevent further damage to the City streets. 21. Mvertisement for Bid•forAravel - I also plan to ask for a bid on gravel so that we can have the availability of gravel when we need it this Fall and next Spring. 22. Sewage Treatment Plant Study This item relates to the sewage treatment plant study. The two areas we discussed with our consultants were the erosion on the bluff which was reviewed by their engineers and the area of immediate concern to the City of our sewer pipe running down the bluff to the old treatment plant. There does not appear at this time to be an erosion problem in this area as in the eyes of CH2M. Hill. Another item which was discussed was our sludge disposal problem. We have been barred from using the landfill by the Borough and we are now attempting to obtain permission from the State for a sludge disposal site. 23. EDA Water well Project The pump is in and in place with the screens, various piping, etc. The one item we were missing as of Thursday was the motor for the pump. Apparently it had been lost in transit. We have put traces on it and presumably we will have the system in operation this weekend and actually start pumping some water for traditional tests and connection to the system. I might point out here that we have had recent problems with the water system within the City, particularly for the commercial users. The Sheffield House was out of water for streches of over three days due to heavy sand inflows. Dr. Hansen's office had to be closed down at least twice due to sand incrusions into the Benco Building water supply. These have been cleared by by-passing and flushing and a variety of other means. The point I make here is that our Well No. 1 is pumping considerable sand, and while we want to get well No. 2 on-line as soon as possible, I want to make certain that it is in good condition before we do so. We cannot afford to take Well No. 1 out of action and begin renovation until we have Well No. 2 thoroughly proven and deemed able to support the City during Well No. l's renovation. 1 City Pago S A M 24. Street Department Activities The Street Department has been working on grading and blading streets, as well as doing some oiling. The oiling is essentially in its final phases and it is doubted that much more can be done in oiling at this time. 25. Receipt of New Grader We are pleased to report that the now Caterpillar Grader is in and working. No problems have oecured with the equipment as yet, except that we have had a leak in the seal, which is being replaced under warranty. 26. Federal Funding for Airport Snow Removal Equipment We are making a study of Airport snow removal procedures in that I feel that we can obtain some federal funding for snow removal equipment under the ADAP Program, which would be essentially 93.75 percent. As soon as we get some pricing, we will present to the Council a proposal of trying to tap these federal funds and provide some updated equipment specifically for the Airport. 27. Coastal Energy Impact Program I attended a meeting in Anchorage last week on the Coastal Energy Impact Program. All five projects that Council approved at the last meeting have been submitted and they were well received. Apparently, there is not much competition at this time for these funds. The actual guidelines for allocation throughout the State are essentially prepared; however, they are somewhat loose and tenative. They will most the federal requirements so that funding can be provided to the municipalities. I think that we stand a good chance of having a number of our projects funded. I would like to note that the Borough is planning on submitting a similar Coastal Energy Impact Program and fund request for water development in the Greater Kenai Area tied in with the Beaver Creek Aquifer, which will be interesting to see what can be obtained in the way of funding for that and actually what they can do. 28. LPW Reservoir Proiect The Seattle Office has informed me that the reservoir project had been sent to Washington D.C. for approval and grant offer. Actually, I have been waiting for the grant offer to come any day. We are prepared here with the appropriate ordinance and resolution to move on the project. Additionally, we called Thursday, September lot, to verify that all of the other four projects :re in good shape. We were assured that engineering, financial data and the items that had been specifically marked as needing additional work had been received by EDA and they should be subject to immediate approval. A key point to realize IM x ,® City Manager's Report #24 Page 6 hero is that there is a federal requirement that ten percent of the federal funds go with the Minority Businaso Enterprises. I have asked tho Clarion to run a series of articles to point out that there is such a requirement so that all our local eontractoru arc certainly at least aware of this requirement and can perhaps find sub -contractors that can assist them in getting a legitimate bid to the City. 29. Alleged Sower Treatment Plant Violationas EPA I would like to comment hero regarding the lawsuit and the local nowpaper and radio coverage. It is my understanding that EPA still is only seeking the $5,000 fine and is not pressing for larger sums or an injunction against sower hook-ups. When the original consent order stipulation was received in late Spring this was discussed with the Council and the Council authorized a certain monetary response. Following that meeting I prepared a draft response for changes to the stipulation which I felt would clarify the issues facing the City and striking those things which were not feasible for us to do at this time considering our involvement in the Step I Sewage Treatment Plant Study. I forwarded this draft to tho City Attorney for review and that, essentially, was the last I heard of it until recent discussions. 30, Community Care Center Lease I believe that the Clarion used a few inappropriate adjectives such as the word eviction. Eviction has never boon threatened by the City. It must be acknowledged that they asked for a five year lease as of the lot of July and the lease was approved on a one year basis. I do admit that I have been looking for a viable rroposal to relocate the Community Caro Center. This was essentially discussed in the story. However, I feel that the use of the word "eviction" was inappropriate and unjustifiable. 31. Leave Request I have a personal need to visit my mother in San Francisco and I plan on doing so as soon as we receive the grant offer from EPA on the reservoir and have that properly started, Presumably, I will be gone Thursday and Friday and return Sunday. I will advise the Mayor and Council when this actually is scheduled to occur. I had been hoping to do it September 0 and 9, but it appears that such would not be possible at this time, In conjunc- tion with my visit to San Francisco, I will visit 100 as I have every reason to believe that we will have the well on-line by that time and having authorization on the reservoir, I will encourage them to set a definitive date for a re-evaluation of the Kenai water system. In �...—r ___ �'_o " ' ar �, , r r A . S-.a �' _ _ _ - r. v,r r/ — _ _,.a... ..r.: _ - �—' � "yp . - _ -_ _ r..: - ._�� � _.�� ••,> T �x�. a--' •- e - ,. _ �/�� �......r..w ' r I Page 7 32. Float Plane Basin We are havingproblems with the p gate to the Float Plane Basin. it has been repeatedly left open: therefore, we changed the lock and Gene Kempf is quite upset. We offered him a key provided that he would give assurance that he, when using the area, would keep the gate closed, which he refused to do and is threatening a suit. Note that our reason for trying to secure the area is not one of harassment but one to limit our legal liability. Y / ' n C r 9. ' H n CITY MANAGER'S REPORT #25 (September 21, 1977) 1. Ordinance No. 354-77 We have a public hearing on this ordinance which is relative to the waterline aseessment in the General Aviation Apron. The cost data will be available to the Council and public as to how the proposed assessments are to be distributed. It must be pointed out that when this is joined with other projects, we expect the cost to be lower than those anticiapted and estimated. 2. Ordinance No. 357-77 This is the assessment ordinance for the paving and drainage of Redoubt Way. I understand that the only question which may be raised at the public hearing is the time frame for the paying of the assessments, which we did not discuss in the preliminary assessment role. Presumably, they will ask for a committment that the assessments will be spread over a ten year period. 3. Ordinance No. 358-77 As of this date, I have not received any response from the FAA as to the Airport regulation change, relative to technical operations by commercial carriers and if we do not have it in the packet by Wednesday, I would suggest that we table this item. 4. Ordinance No. 362-77 This ordinance appropriates monies from federal revenue sharing for a steam cleaner. Again, I feel that this a necessary replacement itdm and a proper capital expenditure. S. Ordinance No. 363-77 The purpose of this ordinance is to accept a State - Federal grant for a radar gun and provide appropriations of same, 6. Ordinance No. 364-77 This ordinance is relative to employment of Council relatives and Is scheduled for public hearing. 7. Correspondence We will have a meow from Sol Raymond, Chairman of the Kenai Advisory Planning and Zoning Commission, relative to the proposed zoning ordinance changes that were initially proposed by the Commission and returned to the City by the Borough. Some additional modifications have been made and this memorandum is to I i , h. I 0 Page 2 - - explain the proposed line item changes in the ordinance, OLD BUSINESS S. Ordinance No. 359-77 This ordinance relates to the disclosure ordinance which was initially defeated upon introduction and tabled at the last meeting. 9. Resolution No. 105-77 Action was deferred on this resolution. The resolution relates to the release of foreclosed lands which were planned for a fire sub -station in the Beaver Creek area. The attorney will have the tax data as requested by the Council. 10. Resolution No. 113-77 This resolution relates to transfer of funds to provide for the wiring in of the sign baking machine. The questions raised by the Council at the last meeting related to the location (ie. the Sewage Treatment Plant) rather than some other area. The safety compatability of my response here is that the area used in the sewage treatment plant is a storage area, which now contains the generator and the power sources for plant. It has no basic connection other than storage or possible use as a classroom area. It would not, to the best of my knowledge, be effected by any planned expansion. The laboratory facilities and office facil- ities would remain untouched. Any modification of the plant would extend in other areas and other directions. Therefore, it appears that this room, approximately 20' by 401, with the generator and other supplies, is a very adequate space to put in the sign baking machine. This is a table type machine on legs. My estimate is that it is approximately 6' by 5' in dimensions. It also provides us with the space for sign blanks and the supplies which we would need, which are essentially facings to match the signs we make. We actually purchase the facings and blanks and put the two together and bake the facing onto the sign. 11. Mutual Aid Agreement A copy of the mutual aid agreement has been forwarded to you. As I mentioned to you earlier, it has been reviewed by the Attorney and Fire Chief and there are no objections to the agreement. My comments are that, while it is a desireable effort and worthwhile, it lacks the essential ingredient of interlocking communications which would make it more effective. II r f- 3- e) Page 3 12. Discussion of Appointment of. Now Member to Pla NEW BUSINESS 13. Bills to be Paid/Sills to be Ratified Under this item we have routine bills to be paid and ratified, as wall as a bill from TAP/TRA, our Airport Master Plan consultants. All appear to be in order. 14. Resolution No. 121-77 This resolution provides for approval of bids and award of a contract for lobby seating for the Airport Terminal. It is interesting that the local bid was a considerable sum in excess of the Anchorage bid. There is some differences in the actual bid item. However, it does not appear that the quality differs relative to the dollar difference. The quality may be slightly less, but it does not out -weigh the dollar difference in the two bids. If the lower bid is accepted, we would like to expand the purchase to pick up a few more units under the terms of the same pricing. 15. Purchase of Nitrogen Chamber Thin resolution aska for authorization of a sole supplier for the purchase of a nitrogen chamber, for which the Council has appropriated the money in the 1977/78 budget. It does not appear that there are other vendors of this type of equipment and the price is within our budget appropriation. Tho cost of freight is also within our budget appropriation. 16. Removal of Public Nuisances This resolution provides for a transfer of funds from contingency to an account where we can contract for the removal of the four buildings found to be public nuisances and not yet removed. 17. Lease of Lots 2 and 3, Block 1, CIIAP If we have the full data available for the Council, this will be the Jack Estes lease for two lots on the Air Park for a eommere_i4l, building which will house his piano studio and shop with the possibility of several other shops. The plans have been changed by Mr. Estes due to the fact that the original plan called for one lot and there was simply insufficient parking space allowed. Therefore, Mr. Estes has requested an additional lot and has changed the configuration of the building to a longer and somewhat narrower building. It will provide more v - 7- - r City a`annay� s Report 025 Page 4 commercial space and adequate parking for the area. ThRre will be a second story which will be occupied by one bedroom apartments. The apartments will be approximately 201 by 20' efficiency apartments with a separate room for living and dining room combination, kitchen, alcoves and a bedroom, measuring approximately 8' by 91. 18. Lease Request by Bob Love This request is for land adjacent to the Court douse. He has requested three lots to construct a sports center with hand ball courts, miniature golf, whirlpool baths and perhaps some other sports activities. This, again, will be provided to the Council if the data is submitted in time for us to include it in the packets. 19. Smoke Test i The smoke test was conducted this past week. We did not find what I had hoped to find Ue. one major fault) but a series of faults from established buildings in the Citys the Post Office Sheffield House, the Elementary School, the Benco Building, Seaview Manor, the Locko Building, Kambe Theatre and a building. ' which I cannot identify the name given to me, and three suspected buildings whicK we were not able to smoke test but will dye test. The areas covered by these roof drains are in excess of two acres and could very well be the source of the major high inflows to the area. I have not been able to discuss with CH2M Hill, engineers, the legal problems relative to storm drains going into the sewer system. Once I discuss it with them and determine ; the federal and state law relative to this, I plan on writing each of the building owners and asking for their comments as to corrective action, estimates of cost and practical viability of providing correction. I believe that we must consider the cost of correcting these things. I have already been aware of the problems with the Sheffield House and it appears to be quite an expensive proposition to correct their drainage. 20. Plat of 20 Acres Recently Released from FAA This plat has been provided to the Borough, who will in turn submit it to the Kenai Advisory Planning Commission for their formal review. A xerox copy, reduced, is provided to the Council in your packet. Ole have also contracted for the appraisal and that should be in shortly. 21. EDA Water Well --- The water well is in and pumping and appears to be testing out adequately. I will have a further update Wednesday as to our proposed schedule and at that time will have been able to talk with Mr. Galliett relative to his comments. �,�•.r�w...., �i,-, ,I '-��.�..® - — - - _ wail .. ' ' =' _ -- - r � -- �.--,=yam.. I. ' Page 5 22. Airport Cafe and Bar I learned yesterday that apparently some legal papers being handled by the Pecks attorney, Rick Baldwin, have been in essence a stumbling block in their consumation of their arrangement. This eonsumation is to occur today and if we have it, we will have definitive information in this packet as to the effective date of their lease and when the cafe/ bar will open. 23. Selection of Public Works Director I have received approximately 20 applications and resumes. I have interviewed four to date and have just received a new application this morning which looks interesting. We � - will call and schedule an interview with him. I expect to - have a decision in the not too distant future. 24. DPW Activities to Date We have boon assisting in the smoke testing. We are also working on developing a crib in the sand pit for the sludge from our sewage treatment plant. As I mentioned, the Borough has banned us from dumping sludge at the sanitary fill. This will only be for sewage treatment plant sludge and, of course, we have an unmarked truck which will deliver that to that particular fill site. 25. Borough Request for CEIP Funds The Borough has made an application for Coastal Energy Impact : Funds (CEIP) in the sum of the $280,000 for water work. This is to drill test wells and do some ground and subsurface water sampling, bath in the Kenai area and in the Anchor Point area. 26. Zoning Ordinance Enforcement As I am sure you are aware, the apparent addition to a so- called trailer park on Beaverloop has caused some concern, a, particularly among the neighbors and with our problem here in the City, I have asked Howard Reiser fret the Department of Environmental Conservation to take action for us and in my initial conversations with him, he indicated that in no way is it going to be permitted to be continued and corrective action or removal will be essential. 27. Planning and Zoning -- The question of trailers in the area of Eadie's Frontier Club -_--` has also been raised and discussed at least briefly at the Planning and Zoning Commission and I believe that she has retained an attorney and presumably will either attack the zoning ordinance or request a conditional use permit for at least one trailer at the site of her establishment. Az I understand it, this will be used for her personal family. However, at this o time work in that area has been stopped. 28* EPA Settlement I have heard through the Clarion, Harry Martin, who called EPA on our submission of the letter that they are pleased in a number of areas as to the stipulations proposed, have to further analyze other areas, but of interest, initially they were pleased with the $1,000 offer but it now appears that they want something more. It is doubtful that we will formally hear from EPA until perhaps the middle of October. 29. Lease Procedures The rough draft of the City policy on leasing of City -owned land is enclosed for your review. . - ' . . . - ~ .. � ' ' . ~ ' - ' , � ' a