HomeMy WebLinkAbout1976-01-07 Council Minutesa
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AGENDA
REGULAR MEETING - KP•NAI CITY COUNCIL
JANUARY 7, 1976 - 8s 00 P.M.
PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
PAW NO.
A.
ROLL CALL
AGENDA APPROVAL
B.
PUBLIC HEARINGS
1. Ordinance No. 285-75 - Amending the General Fund Ordinance
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2. Ordinance No. 280-75 - Amending the Debt Service Fund Ordinance
2
3. Renewal of Beverage Dispensary License for Larry's Club
2
4. Renewal of Recreational Site License for Peninsula Offers
2
5. Renewal of Beverage Dispensary License for Farbor View
3
S. Renewal of Club License for the Fraternal Order of P.agiss
3
7. Renewal of Club License for the Kenai Elks Lodge 02425
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C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1. Mr. Ed Ferguson - delinquent payments on Lots 1,2,3, Gusty B/D
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2.
3.
4.
D.
MINUTES
1. Minutes of the Regular Meeting of December 17,1076
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E.
CORRESPONDENCE
1.
2.
F.
OLD BUSINESS
I. Council Selection of new Council Member
4
2. Appointment of Planning a Zoning Commission Member
5
3. Fire Department Mutual Aid Agreement - Kenai/North Kenai/Soldotna
5
4.
5.
S.
7.
S.
0.
NEW BUSINESS
1. Bills to be paid - bills to be ratified
5
2. Security for Payment of Judgement - City vs. Fri1er
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3. Janitorial Contract -
Delete
4. Approval of payment to Peat, Marwick, Mitchell a Ce.
7
5. Approval of payment to Dunsmis EIectric (Runway Lighting Project)
7
5. Approval of payment to Dunamis Electric (Airport Lighting Control Panel)7
7.
S.
9.
10.
H.
REPORTS
1. City Manager's Report
7
2. City Attorney's Report
9
3. Mayor's Report
9
4. City Clark's Report
10
S. Finance Director's Report
6- Planning a Zoning Commission's Report
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7. Kenai Peninsula Borough Assembly's Report
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1.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
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1.
2.
KENAI CITY COUNCIL - REGULAR MEETING
JANUARY 7, 1976 - 8: 00 P.M.
0*1 KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Edward Ambarian, Tom Aekerly, Walter Sweet*, Al Hudson,
Richard Morgan and James Elson
Absent: None
AGENDA APPROVAL
Mayor Elson read the following changes that were presented for Council approval:
Addition of items:
B-5 - Renewal of beverage dispensary license for Harbor View
B-6 - Renewal of Club License for the Fraternal Order of Eagles
B-7 - Renewal of Club License for the Kenai Elks Lodge 02425
G-4 - Approval of payment to Peat, Marwick, Mitchell a Co.
0-5 - Approval of payment to Dunamis Electric (Runway Lighting Project)
0-6 - Approval of payment to Dunamis Electric (Airport Lighting Control Panel)
Deletion of items:
F-3 - Fire Department Mutual Aid Agreement - Kenai/North Kenai, Soldotna
0-3 - Janitorial Contract
Council Morgan inquired as to the reason for deleting item F-3 and was advised
by Administration that there was a question concerning insurance which needed
further review before bringing the matter before Council for consideration.
Agenda additions and/or deletions were approved unanimously.
B. PUBLIC HEARINGS
B-1: Ordinance No. 285-75 - Amending the General Fund Ordinance
Mayor Elson read Ordinance No. 285-75 and asked for comment from Administration.
Mr. Lynn advised that this was a "general housekeeping matter" bringing the
budget into balance. Mr. Lynn further advised that Ordinance No. 285-75
amended the General Fund by the elimination of interest on investments within
the General Fund Revenues and a corresponding elimination of the General Fund
contribution to the Debt Service Fund in the Non -Departmental Department.
Mayor Elson opened the meeting to the public for their comments and input. There
being no public comment, the Mayor brought the meeting back to the Council table.
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KENAI CITY COUNCIL, MINUTES OF REGULAR MEETING OF JANUARY 7, 1976 PAGE 2
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for the adoption
of Ordinance No. 285-75, Amending the General Fund Ordinance.
Motion passed unanimously by roll call vote.
B-2: Ordinance No. 286-75 - Amending the Debt Service Fund Ordinance
Mayor Elson read Ordinance No. 286-75 and asked for comment from Administration.
Mr. Lynn advised that this too was a "general housekeeping matter" amending
the Debt Service Fund by a line item transfer within the Revenue section from
Interfund Receipts from General Fund to Interest on Investments.
Mayor Elson opened the meeting for a public hearing. There being no input
from the public, the Mayor returned the meeting to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for the adoption
of Ordinance No. 286-76, Amending the Debt Service Fund Ordinance.
Motion passed unanimously by roll call vote.
[� B-3: Renewal of Beverage Dispensary License for Larry's Club
Mr. Lynn advised that after checking with Borough Tax Collector'a
Office and determining that Larry's Club was delinquent in their Personal
Property Taxes for 1975, Administration recommends that a "hold" be placed
on the renewal of the beverage dispensary license until such time all past due
and delinquent taxes have been paid.
Mayor Elson opened the meeting for a public hearing. There being no public
comment, the Mayor returned the meeting to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, that the
renewal of a beverage dispensary license for Larry's Club be denied until
such time all past due and delinquent taxes are paid.
Motion passed unanimously by roll call vote.
B-4: Renewal of Recreational Site License for Peninsula Oilers
Mr. Lynn recommended approval of the renewal of a recreational site license
for the Peninsula Oilers.
Mayor Elson opened the meeting for a public hearing. There being no public
comment, the matter was returned to the Council table.
KENAI CITY COUNCIL, REGULAR MEETING OF JANUARY 7, 1976
PAGE. 3
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for approval
of the renewal of a recreational site license for the Peninsula Oilers.
Motion passed unanimously by roll call vote.
B-5: Renewal of Beverage Dispensary License for Harbor View
Mr. Lynn advised that the Borough Tax Collector's office had reported that
all taxes were paid for the Harbor View.
Mayor Elson opened the meeting to a Public hearing. There being no comment
from the public, the Mayor returned the meeting to the Council table.
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, for approval
if of the renewal of a beverage dispensary license for the harbor View.
Motion passed unanimously by roll call vote.
B-8: Renewal of Club License for the Fraternal Order of Eagles
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Mr. Lynn advised that all taxes were paid and current for the Fraternal Order
of Eagles.
Mayor Elson opened the meeting for a public hearing. There being no public
comment, the Mayor returned the meeting to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for the approval
of renewal of Club License for the Fraternal Order of Eagles.
Motion passed unanimously by roll call vote.
B-7: Renewal of Club License for the Kenai Elks Lodge ##2425
Mr. Lynn advised that all taxes were paid and current and recommended approval
E of renewal of club license for the Elks Lodge.
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Mayor Elson opened the meeting for public hearing. There being no input from
the public, the Mayor returned the meeting to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, for approval
of the renewal of a club license for the Kenai Elks Lodge #2425.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL, REGULAR MEETING OF JANUARY 7, 1976 PAGE 4
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
C-1:
Mr. Ed Ferguson - delinquent payments on Lots 1, 2, 3, Gusty S/D
As Mr. Ferguson was not present, the Council proceeded to the next item of
business.
D.
MINUTES
D-1:
Minutes of the Regular Meeting of December 17, 1975
The following corrections and/or additions were made to the minutes:
_
Item F-1 - regarding a memorandum read by the Mayor from the City Attorney --
Mayor Elson requested that the memorandum be an addendum to the minutes.
Item G-5 - should include Council concurrence of the submittal of Mrs.
Betty Glick's name to the Borough Assembly to be selected as Kenai's
representative to the Borough Planning Commission.
Item F-2 (page 8) strike the words "For Reconsideration" following the word
"Motion".
_
The Council unanimously approved the distributed minutes as corrected.
E.
CORRESPONDENCE
None
F .
OLD BUSINESS
f� F-1:
Council Selection of New Council Member
Mayor Elson opened the meeting for nominations for the selection of a
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new Council member.
' MOTION:
Councilman Morgan moved, seconded by Councilman Ackerly, for the
nomination of Thomas Wagoner.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for the
nomination of Roland Raymond.
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Councilman Sweet in at this time
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KENAI CITY COUNCIL„ REGULAR Ml;RTING, JANUARY 7, 1970 PAGE 5
MOTION:
Councilman Morgan moved, seconded by Councilman Ackorly, to close
the nominations for now Councilman and proceed with balloting.
Motion passed unanimously.
Mayor Bison instructed the City Clerk to prepare for balloting.
FIRST BALLOT
Thomas Wagoner - 3 Roland Raymond - 3
Councilman Sweet asked if any individuals had expressed an interest
in tho position and was advised by Mayor Elson that Mrs. Betty Glick
end Mr. Ernio Knaekstedt had indicated that they would be willing, if
solooted, to servo.
Mayor Elson further stated that the fact that Council is in a stalemate situation it
puts the Mayor in a position of conducting business and it is not one he particularly
relished. As there is just six Council members, in most cases it gives the Mayor the
authority of veto. As the Mayor stated, he did not relish it but if the Council remained
stalemated, he would certainly use it if he felt it was in the best interest of the City.
Councilman Sweet asked the Mayor to explain the power of veto. Mayor Rlson stated
as there are six people on Council now, it takes 4 votes to pass. If there is a
3 to 2 or 3 to 3 voto, it fails. If there are 7 members and if the Mayor had veto power,
it would still require 4 votes or less than 4 votes for a veto to be upheld. Mathetieally,
it works out to the same thing.
Council requested another balloting.
SECOND BALLOT
Thomas Wagoner - 3 Roland Raymond - 3
Councilman Sweet asked what another alternative for selection of a now
Council member might be and Mayor Elson advised that it would be that
the City would hold a special election which is quite costly.
There was no objection expressed by Council to move onto the next
item on the agenda.
F-2: Appointment of Planning & Zoning Commission Member
Mayor Elson stated he would like to appoint Mr. Mike Hamrick to the Kenai
Planning s Zoning Commission. Council concurred and the Clerk was instructed
to advise Mr. Hamrick of his appointment.
F-3 Deleted
a, NEW BUSINESS
a-b Sills to be paid - bills to be ratified
Mr. Lynn recommended Council approval of the bills for payment and ratification
as presented by the Finance Department dated January 7, 1070.
KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 7, 1976 PAGE 6
MOTION:
Councilman Hudson moved► seconded by Councilman Ambarian, for payment
and ratification of those bills as presented dated January 7, 1976.
Councilman Morgan asked if the $22 , 500 payment to E . A. Patson Parts s Equipment
for the Snow Blower was the same item as budgeted and was advised that it was.
QUESTION:
Motion passed unanimously by roll call vote.
G-2: Security for Payment of Judgment - Georao Filler vs. City of Kenai
City Attorney, Janis Williams, advised Council that she had received
correspondence from Mr. Karl Walter who is representing the City in the Filler
case and Mr. Walter has requested the City post a supersedeas bond in the amount $60,000
as requested by Mr. Filler's attorneys. Miss Williams further stated that this
matter would require both Council approval to post the supersedeas bond as well
as the passage of a resolution authorizing same.
Mayor Elson read the proposed resolution which stated as follows: "Whereas,
the City of Kenai is required to furnish a supersedeas bond to secure payment j
of judgment in order to proceed with the appeal in the Filler v. City, and
Whereas, the terms of the bond which the City must post require that $60, 000
of its Capital Improvement Fund be segregated and placed in a separate account.
Now, Therefore, be it resolved by the Council of the City of Kenai, Alaska that:
Two accounts in the amount of $30, 000 each be established at First Federal
Savings and Loan at Konat, Alaska, in the name of the City of Kenai, for the
express purpose of satisfying the terms of the supersedeas bond posted by the
City in the case of George Filler v. City of Kenai....
Mayor Elson requested a number be assigned to this resolution. The City Clerk S
assigned 76-1. i
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MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for Council approval
of a suporsedeas bond in the case of George Filler vs. the City of Kenai and
for Council authorization for the City Manager to execute it.
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Motion passed unanimously by roll call vote,
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for adoption
of Resolution No. 76-1, furnishing a supersedeas bond to secure payment of
Judgement in order to proceed with the appeal in the Filler v. City matter.
Motion passed unanimously by roll call vote.
0-3: Deleted
KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 7,1976
PAGE 7
0-4: Approval of payment to Peat, Marwick, Mitchell & Co.
Mr. Lynn advised that this was final billing for the examination of accounts
for year ended June 30, 1975, and recommended approval of payment.
MOTION:
Councilman Ambartan moved, seconded by Councilman Morgan, for approval
of final payment in the amount of $6,418.77 to Peat, Marwick, Mitchell & Co.
Motion passed unanimously by roll call vote.
G-5: Approval of payment to Dunamis Electric,(Runway LkhtinR Project)
Mr. Lynn advised that this billing covered costs of replacing wiring for
the runway lights and recommended approval.
Mr. Lynn further advised that the budgeted amount was for repairs to the
runway (asphalt, etc.) but that repairs and replacement to deteriorated wiring
had used up most of the monies budgeted.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for approval
of payment in the amount of $3, 210. 33 to Dunamis Electric for the Runway Lighting
Project.
Motion passed unanimously by roll call vote.
G-6: Approval of payment to Dunamis Electric (Airport Lighting Control Panel
Mr. Lynn advised that the contractor performed services in regard to the
Airport Lighting Control Panel in the Control Tower. There is still some
work to be done and that this is a partial payment to Dunamis Electric.
Mr. Lynn also stated that this project is covered 100% by grant funds.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for approval
of payment in the amount of $4, 294.80 to Dunamis Electric for the Airport
Lighting Control Panel Project.
Motion passed unanimously by roll call vote.
H. REPORTS
H-I*City Manager's Report
_ (a) Mr. Lynn reported on the events of the helicopter crash which occurred
• Sunday morning. Mr. Lynn further stated that he would like to commend
the Police and Fire Departments for the outstanding job they performed in
this emergency,
(b) Goals & Objectives Plan - Mr. Lynn recommended that prior to getting into
KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 7, 1976
PAGE 8
budget work sessions, he would like to have the Council meet and spend
time establishing some community goals and objectives which would then offer
guidelines for the preparation of the budget.
Councilman Morgan suggested that perhaps the Council could meet in work
sessions on the Wednesday in which no Council meetings are held and be
certain to advise the public that such work sessions are being held and are
open to the public. Councilman Ambarian stated that this arrangement would
interfere with the Planning & Zoning Commission meetings.
Councilman Morgan suggested the Council meet in a work session following
adjournment of the meeting. Council unanimously concurred.
(c) Mr. Lynn reported on the progress of the Airport Comprehensive Development Plan
and advised that Administration had gone through the Airport Regulations
and made various changes but it was not necessary to make further changes
which will provide a much better program and enable the City to maintain
their present certification with a much less complicated manual.
(d) Administration is in the process of developing a Capital Improvement Budget
butbope to establish the goals and objectives first.
(e) Administration has begun work on the Personnel Manual for employees.
(f) Mayor Elson stated that in his talking with the FAA representative concerning
the Airport's certification the only deficiency found was in the manual itself
and as Administration stated, changes are being made to establish a less
complicated and up-to-date manual.
(g) Councilman Ambarian inquired as to what happened to State Highway Department
representatives and was advised that they would be in attendance at the
next meeting of the Council.
(h) Mr. Lynn reported that the warm storage facility should hopefully be completed
by next Friday.
(I) Mr. Lynn reported that the Highway Department was still working on the lights
along the urban section. Councilman Hudson stated he had learned that they
are only going to light the major intersections and abandon the rest.
Mayor Elson stated that he had talked with Mr. Jack Spake of the Highway
Department concerning lighting the Beaver Loop and Bridge intersection
and Mr. Sgake indicated that he would discuss this matter when he attends the
Council meeting.
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KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 7, 1976
PAGE 9
Councilman Morgan stated in regard to the copies of the memorandum sent out
to various department heads from the City Manager that in relation to the proposed
fee schedule for the library users outside the City limits and in that this would
not result in large amounts of revenue that this might be a rather somewhat petty
direction to take. City Manager Lynn advised that he had not received a fee
schedule as yet but felt that cities outside Alaska did charge substantial
"outside area" user rates.
11-2: City Attorney's Report
City Attorney, Janie Williams, reported that that were two actions left off her
report to the Council distributed during the holidays. These matters would
be Included on her next report and also will include Legal Department
projects which do not entail litigation action.
Councilman Morgan inquired as to the status of the gravel pit ordinance and
was advised by City Attorney Williams that she was still working on the zoning
and police power portion of the ordinance. Councilman Sweet stated that the
City need to speed it up as the matter had been drawn out long enough and the
subject should be resolved as soon as possible.
H-3: Mayor's Report
Mayor Elson stated that in regard to the gravel pit ordinance he had contacted
the Borough Mayor and would be meeting with him next week concerning the
matter. In the meeting, they will pull out what is zoning and the City Attorney
will have to pull the rest out and see what falls under "police power". Mayor
Eason asked what Council wishes might be along these lines -- if they wanted
him to proceed, etc.? Mayor Eason further stated that in his opinion, one area
we would probably lose is by the actual reclamation of the pit. Under zoning
authority, we can require development plans -- it would then be up to us to
do the monitoring of the pit. The City could stop operations if the development
plan was not being followed -- in this way the problem of reclamation would
not be so severe. Anything concerning the dust, nuisance, hazard, etc.
would have to have authority under the "police power" and "health powers".
Councilman Ambarian stated that he felt the City was at the point where we want
to implement the rules and regulations as presented by the Planning Commission
and accepted by the Council.
Mayor Eason stated that the City would have to make final determinations
within the next two months in order not to hold up those parties involved in
gravel pit extraction.
Council was in complete concurrence that the Mayor and City Attorney
proceed along the lines as presented with regard to the gravel pit ordinance
and enforcement of same.
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KRNAI CITY COUNCIL, REGULAR MEETING, JANUARY 7, 1076
H-4: City Clark's Report
None
H-5: Finance Director's Report
Finance Director, John O'Connor, asked for Council input regarding the
fees charged for the rental of Ft. Konay, particularly in the matter of one
organization renting the Fort on a regular basis for not more than 2 hours
each time. Would the Council consider amending the Resolution to make
special consideration in the instance whereby a group would only utilize
the facility for a short period of time?
Councilman Ambarian stated he personally felt that the City should not
start giving special consideration.
Councilman Sweet stated he felt that if some organizations were regular
users, it would be well within our rights to drop the fee down.
PAGE 10
Council directed Mr. O'Connor to prepare an amendment to Resolution No. 75-60.
Mr. O'Connor stated in that Council required the financial statements out
prior to the meetings, he had directed his staff to have them ready so that
he could distribute them three to five days prior to the next meeting.
Mr. O'Connor requested that if any Council member should have a question
concerning the statements, please advise him prior to the meeting so that he
would have the opportunity to review the question raised which in turn would
facilitate a prmpt answer.
Councilman Ambarian suggested that the Council hold a work session to go
through item by line item -- perhaps a work session could be scheduled
for Thursday?
Mayor Mson directed the Clerk to advise the public that there will be a work
session of the Kenai Council, Thursday, January 15, 1976, 7: 30 p.m. at the
Public Safety Building.
Councilman Morgan asked Mr. O'Connor that with regard to the Capital Improvement
Budget, how will the Council get that. time -wise in relation to budget preparation?
Mr. O'Connor advised that the Capital Improvement Budget should come before
the presentation of the 1976-77 budget.
H-6: Planning 0 Zoning Commission Report
Councilman Ambarian advised that no meetings had been held during the holidays.
However, as there is a conflict between meetings of the Planning Commission and
work sessions of the City Council, Administration had suggested Planning Commission
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KENAI CITY COUNCIL, REGULAR MEETING, JANUARY 7, 1970
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PAGE 11
meet at the Public Safety Building. Councilman Ambarian :stated he preferred
meeting at City Hall which was more convenient as All the maps, etc. would be at
hand. Mr. Ron Malston, Chairman of the Planning Commission, also expressed
his preference in meeting at City Hall.
Mayor Elson, with Council concurrence, stated that all future work sessions
would be hold at the Public Safety Building so that a conflict of meeting places
would not arise.
H-7: Kenai Peninsula Borough Assembly's Report
Councilman Hudson reported that the Assembly adopted several ordinances
which had boon pending over a long period of time. Also, the Assembly
approved the architect for the Seward High School. The plan for the Seward
School will have to include a reduction in size to cut costs. A vacancy was
declared on the Assembly due to the passing of Mr. Burton. The Assembly
appropriated grant monies to start the design of the third floor of the
Borough Building and Mrs, Betty Glick was confirmed to serve as Komi's
representative to the Kenai Peninsula Planning Commission.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
There being no further business to be brought before the Kenai City Council,
Mayor Elson adjourned the meeting at 9: 05 p.m.
Respectfully submitted,
r Sue . Peter, City Clerk
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