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HomeMy WebLinkAbout1976-02-18 Council MinutesAGENDA REGULAR MEETING - KENAI CITY COUNCIL FEBRUARY 16, 1076 a 8s 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE PAGE A. ROLL CALL I AGENDA APPROVAL 1 B. PUBLIC HEARINGS 1 1. 2. f. 4. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. Jack Spske - State Department of Highways 1 2. D. MINUTES 1. Minutes of the Regular Meeting of February 4,1078 f E. CORRESPONDENCE 1. 2. F. OLD BUSINESS 1. Council Selection of new Council Member 4 2. Fire Department Mutual Aid Agreement - Kensi/North Kena!/Soldotne 4 f. 4. S. G. NEW SUBINESS 1. Bills to be paid - bills to be ratified ti 2, Ordinance 200-70 - Amending Airport Lnnd Fund." 0 Fund a Oenersl Fund ti f, Ordinance 262-76 -Protection of Water Resources 0 4, Resolution No. 78-8 - Establishing Depositories a Authorized Signatures 7 tip Lase of City Owned;Lands v4sulusuts 011ses , ; d, Pegram FBI 60hool Contract t► 7, Extension of date/Devek►pment Plan - Soapy Seaver Car Waah , S. Bid Tabulation - Tires a Wheels for City Dump Trucks, 0. 10. U. 12. 1f. 14, N. H. REPORTS i' 1. C,IUytansper's Report , . t 2. Cily Attorney's Report S. Mayor's Report , 4. City Clerk's Report S. Finance Dirsows Repast , S. Ploadng a Commission's Report 7. Banal Penlnsula, Borough Assembly's Report 1, PERSONS PRESENT NOT, SCHEDULED TO BE HEARD ��'� 1. Mr. Phillip Aber 2. Mrs. Ruby Coyle 1 I f. Mr. Arthur Evans i I • , l� I 1 KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 18, 1976 - 8: 00 P ,M , KENAI PUBLIC SAFETY BUILDING JAMES A. ELSON , MAYOR, PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: A. L . Hudson, Richard Morgan, Edward Ambarian , Tom Ackerly, , Walter Sweet S eet and James Elson Absent: None AGENDA APPROVAL Council unanimously approved the addition of the following items: G-7: Extension of date/Development Plan - Soapy Beaver Car Wash 0-8: Bid Tabulation - Tires and wheels for City Dump Trucks B . PUBLIC HEARINGS None C . PRESONS PRESENT SCHEDULED TO BE HEARD: C-1: Mr. Jack M. Spoke, State Department of Highways Mr. Spoke, Central District Engineer for the State Department of Highways presented the Five Year Highway Construction Program to the Council and advised that the City of Kenai would be included in the Off System Road Contruction Program this year. The tentative contract award schedule is to reconstruct and pave 3,8 miles of the Beaver Loop Road and reconstruct and pave 1.5 miles of Homesite Loop (Forest Drive) . Estimated total cost for the Beaver Loop project is $500,000 and $375,000 for Homesite Loop, Also included in this year's construction projects is a bicycle path along the Spur Highway to Tinker Lane. Mr. Spoke advised that these projects would not have been feasible if it had not been for the funding from the Off System program. Mr. Spoke also advised that the Kenai Spur Highway project should be completed in July or August. Me. Spoke also requested that Council submit a resolution which should be sent to our Congressional delegation to encourage the continuance of the off system road project funding on a yearly basis. Mr. Spoke stated, "this money would get some projects off the board which would not get done for many years", 1 r- i i I i tI I i r M KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 Page 2 Mayor Plson inquired if upon completion of the projects on Beaver Loop and Homosite Loop would the State continue responsibility of maintenance? Mr. Spake stated that they would remain under the State maintenance system, however, the State had received resolutions from the City of Kenai stating that the City would assume responsibility for maintenance upon completion of construction. Mr. Lynn advised that it was the intent of the City to assume maintenance if the construction of these roadways met City standards. Mr. Spoke advised that there was not enough money available to construct a primary type road, however, the construction as planned would serve the needs of the area. Mr. Spoke further advised that Homosite Loop would have a paved sidewalk and combined bicycle path out to the turn. The State will have put in the best approaches they possibly can. Mr. Keith Morborg of the Highway Department advised the Council that both projects would have a gravel overlay., The plans include getting the roadway up and will seal with a 211 surface of asphalt. Mr. Phillip Aber, City Public Works Director, explained the feelings of the City which have boon expressed in prior meetings in that it was his feeling too that a better way to go would be to do just a portion of the roadway and do a complete job on it as for as the money would go. Mr. Aber stated he would like to sit down with the Highway Department representatives and go over the proposed plan of construction. Mr. Morborg stated that due to traffic counts taken on both Beaver Loop and Homesite Loop, it was determined that traffic load is comparatively light and the proposed type of construction would serve the needs. Mr. Morberg further stated that a proposal such as Mr. Aber suggested would mean dropping 9110ths of the project. Councilman Ambarian inquired if the City assumed maintenance and after two or three years some problems arise, is there some stipulation wherein the State would take over the maintenance once again? Mr. Spake advised that if there was a question concerning maintenance, the State would waiver the restriction that the City would be held responsible and the State would continue to maintain Heaver Loop and Homosite Loop. Mr. Ray Shumway, Chief Design Engineer for the Department of Highways, advised the Council that this type of construction has been very acceptable in prior projects (Alcan Highway, etc.) and Mr. Shumway also urged the Council to send a resolution to Congress requesting they tontine with the Off System Road money. Any wires, resolutions, etc. sent to Senator Gravel and Congressman Young will help in keeping this off system money available for road construction. KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 3 '" i Mayor lrlson advised that he had received a letter from Senator Gravel stating that Congress is getting concerned over the amount of money Alaska is reeoiving and Senator ©ravel asked for support from the various communities, eto . showing the dire need in Alaska for this aid. Councilman Ackerly asked Mr. Spake when this project would be going to bid and was advised that within a month or six weeks. Councilman Morgan asked if the State were familiar with the sub -surface condition of Ilomesite Loop and Mr. Morberg advised that the State had conducted various tests. Councilman Morgan stated the reason he was concerned is that this area is going to be out by water/sewor crossing in the next few years and the road will and up in patchwork condition. Mr. Morberg advised that the City would i have to develop strict codes for permits governing water/sewer crossings. Mr. Spake further advised that if the State is responsible for the maintenance of this road, it will be the State's responsibility to strictly govern any water/sewer j crossings. Mr. Aber advised that he would like to have the water/sewer crossings construction completed prior to the road construction, however, there were no monies available L, in the City at this time. Council instructed Administration to prepare a resoluton which will be sent to Alaska's congressional delegation urging support for the i Off System Road Funding. . D. MINUTES D-1: Minutes of the Regular Meeting of February 4, 1976 Councilman Morgan asked that on Page 2 of the minutes regarding Councilman Ambarian's statement of the public hearing to be hold on Monday, February 9, that an explanation as to who was holding the public hearing be included in the minutes. Thero befne no further corrections, the minutes were unanimously approved as corrected. S. CORRESPONDENCE None F. OLD BUSINESS r' KENAI CITY COUNCIL, REGULAA MEETIN0. FEBRUARY 16, 1076 PAGE 4 F-1: Council selection of now Council member Mayor Elson opened the mooting to nominations. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the nomination of Mr. James Doyle. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for the nomination of Mr. Oscar Thomas. MOTIONS -- Councilman Sweet moved, seconded by Councilman Morgan, that the nominations be closed. Mayor Elson instructed the Clerk to prepare for balloting. FIRST BALLOT: Thomas - 3 Doyle - 3 Mayor Elson instructed the Clerk to prepare for a second balloting. SECOND BALLOT: 9-41 Thomas - 3 Doyle - 3 With Council consent, Mayor Elson moved the fonating onto the next item on the agenda. F-2: Fire Department Mutual Aid Agreement - Kenai/North Kenai/Soldotna Mr. Lynn advised that Administration had not received word back from our insurance carrier on some questions contained in the agreement, and, therefore, requested Council table the matter until the next regular meeting. Councilman Morgan asked for an explanation as to why this matter had not boon resolved as it had been on the agenda for the past three meetings. Janis Williams, City Attorney, reported that the City is responsible for the party requested from the time they leave the station until the time they return to the station. Our insurance carrier has problems covering this -- the question is should we change insurance carriers or change the agreement. i f ' r a i KBNAI CITY COUNCIL, REGULAR MEETING. FFRRUARY 18, 1070 PAGE 6 11 Councilman Ackorly rominded Administration that at the last meeting Administration was directed to prepare a report on changing insurance carriers. Mr. Lynn advised Council that he would contact another company while in Anchorage on Thursday -- the City has been working with our present insurance carrier up to this time. Councilman Ambarian inquired as to who was billed for our services now that North Kenai does not have an ambulance? Mr. Lynn advised that we bill the individual who uses the service and in the case of North Kenai, they are now using the Fire Chief's stationwagon as an ambulance. G . NEW BUSINESS 0-1: Bills to be paid - bills to be ratified Mr. Lynn advised that these were routine bills for operating expenses and were all budgeted items. Mr. Lynn reported that the Dunamis Electric billing was for repairs to the airport runway lighting project. Also, Heavy Duty Electric in the amount of $585.00 for parts and regulators was to be deleted as the merchandise has not been received. I MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for approval of those bills listed to be paid with the deletion of Heavy Duty Electric and approval of those bills to be ratified. Motion passed unanimously by roll call vote with Councilman Morgan abstaining on the Lukes Welding billing. G-2: Ordinance 288-70 - Amending the Airport Land Fund, M&O Fund is General Fund Mayor Elson read Ordinance No. 288-76 amending the 1075-76 budget for the airport land fund, airport maintenance and operation fund, and the general fund. The purpose of this ordinance is to authorize a) a donation from the general fund to the Kenai Peninsula Community Care Center; (2) a transfer from the Airport band Fund to the Airport Maintenance and Operation Fund; (3) and an inereaso in the amount budgeted for rents and leases in the Airport Land Fund to reflect the payment of rent from the Kenai Peninsula Community Care Center. Mr. Lynn advised that during the last budget session, it was required that the City make payment to the Airport Land Fund for anyone using airport facilities or lands. As the Community Care Center is leasing from the City and were not able to pay the "Fair Market Value", it was necessary to prepare Ordinance No. 288-76 to show this transaction. M r ., KKNAI CITY COUNCIL, REGULAR MEETING, FE13RUARY 18, 1976 PAGE O �,, MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for the introduction of Ordinance No. 288-76, amending the 1975-76 budget for the Airport Land Fund, Airport Maintenance and Operation Fund and the Oeneral Fund. Motion passed by roll call vote. Voting yes; Morgan, Ackerly, Sweet and Elson. Voting no; Hudson and Ambartan. 0-3: Ordinance No. 289-76 - Protection of Water Resources Mayor Elson read the ordinance ... "An ordinance protecting the water supply and watershed of the City of Kenai, Alaska, and providing for enforcement of the ordinance outside the City limits. Whereas, AS 29.48.037 allows a City to adopt ordinances protecting its watershed and to enforce such ordinances outside its City limits, and Whereas, the City of Kenai derives its principal water supply from the Beaver Creek aquifer northeast of the City, and Whereas, it to in the public interest to adopt an ordinance protecting such aquifer. Now, Therefore be it ordained by the Council of the City of Kenai, Alaska that: Section 1. It shall be unlawful for any person or other entity to dig, build, drive, drill or in any manner construct a well or otherwsie appropriate water from beneath the surface in the following described territory without the prior written consent of the City of Kenai: TON, R10W, T7N, RIOW; portion of TON, RUW; portion of T7N, RIM and portion of TON, ROW; and portion of T7N, ROW, Seward Meridian. Consent shall not be given unless the Council of the City of Kenai has approved such appropriation. They shall not approve the appropriation if it is likely to have a substantial detrimental effect on the City's Water supply. Section 2. Any person or entity violating the provisions of Section 1 shall be subject to a civil penalty of $300 for each offense. Each and every day such offense continues shall be deemed a separate violation. In addition, the City may enjoin the violator from any further appropriation." Mr. Lynn stated that this ordinance would enable the City to protect its water resources in the Beaver Creek aquifer. Because of the growth in the area, it is dire that this supply is not depleted in the future. Mayor Elson stated that with regard to AS 29.48.37(b) "a municipality may adopt ordinances to protect its water supply and watershed and may enforce them outside its boundaries. Before this power may be exercised within the boundaries of another municipality, the approval of that municipality must be given by ordinance. This section applies to general law and home rule municipalities (f 2 ch US SLA 1972)" . Mayor Elson further stated that this to the reason why we have prepared a resolution which will be presented to the Borough requesting them to pass an ordinance stating that they have no objection. KENAI CITY COUNCIL, RECIUI.AR MEETING, FEBRUARY 18, 1976 PARR 7 Councilman Ambarian asked Administration if they would prepare a bettor map showing the area in question. Councilman Morgan inquired if there was any private land involved? Mr. Lynn advisod that it was all State or Federally owned land. Councilman Sweet asked how the boundaries were established and Mr. Lynn advised that the USGS had developed the boundaries and the City had used their guidelines. Mayor Elson advised that the proper order would be to introduce the Ordinance and request that before it comes before Council at a public hearing that Administration prepare proper maps, obtain reports from the USGS, etc. and provide them to the Council for their review prior to the meeting. MOTION: Councilman Ambarian moved, seconded by Councilman Aekerly, for the introduction of Ordinance 289-76, An ordinance protecting the water supply and watershed of the City of Kenai, Alaska, and providing for enforcement of the ordinance outside the City limits. Motion passed unanimously by roll call vote. G-4: Resolution No. 76-8 - Establishing Depositories and Authorized Signatures Mayor Elson read the following: "A resolution establishing depositories for i municipal funds and establishing the authorized signatures for depositories or withdrawing of funds from said depositories. Whereas, it is desirable to add the name of the Acting Finance Director to the authorized signatures. Now, Therefore, be it resolved by the Council of the City of Kenai, Alaska, that: the Alaska State Bank, Kenai Branch and/or National Bank of Alaska, Kenai Branch, and/or First Federal Savings Bank, be designated as official depositories of municipal funds, and; two of the following officials of the City of Kenai will be required as signatory on the various accounts of the City, and one of which must be the City Manager's or the Acting Finance Directors. Roland D. Lynn, City Manager; Susan Cartwright, Acting Finance Director; and Z,illian Hakkinen, Accountant. The Standard Bank Corporate Resolution be authorized (and is hereby made a part of this resolution) ." Mr. Lynn advised Council that the main change will be including Susan Cartwright until such time a new Finance Director has been selected. It is ' mandatory that the City have three authorized signatures. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the ' = approval of Resolution No. 76-8, Establishing depositories for municipal funds and establishing the authorized signatures for depositories or withdra-wIP4 = = of funds from said de positories. Motion passed unanimously by roll call vote. I KRNAI CITY COUNCIL, REGULAR MRI?TIN0, VVRRUARY 18. 1976 PAn1? 8 a-G: Lease of City owned lands - Peninsula Oilers Mr. Lynn stated that Administration had drawn up the lease and both the City and the Peninsula (tilers had roviowed it -- certain changes made and incorporated and the Oilers feel that the lease as presented is acceptable, however, Mr. Lynn noted that Attachment A had been inadvertently omitted from the lease. This Attachment A included the development plan that should be part of the lease. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the matter of the lease of City owned lands for the Peninsula Oilers be tabled until the next regular meeting of the Council and that Attachment A be forwarded to the Council for their review prior to the meeting so that it will be taken into consideration with the lease. Motion passed unanimously. 0-8: Pegram FBI School Contract Mr. Lynn advised that this had been a situation which had gone unresolved for some time and both Mr. Pegram and the City would like to reach some conclusion on the matter. Mr. Pegram enrolled in a three month course of study at the FBI Academy beginning September 8, 1974 and the City agreed to continue to pay him his regular monthly salary for this three month period, Mr. Pegram agreed to continue in his employment with the City of Kenai for a term of at least two years unless such employment wsa cooper terminated by the City. If Mr. Pegram left the City before the two year period he agreed to reimburse the City for all or part of his salary per the following schedule: 100% - less than 8 months; 76% - six months but less than 12 months; 50% - 12 months but less than 18 months; 25% - 18 months but less than 24 months; and 0% - 2 years or over. Mr. Pegram terminated employment with the City of Kenai on April 18, 1975. In accordance with the contract between the City and Mr. Pegram dated September 8, 1974, Mr. Pegram owes the City 75% of the salary paid to him for the months of September, October and November, 1974 - $4,189.50, According to City records, Mr. Pegram accrued annual leave at the rate of 14 hours for the first two years and 18 hours thereafter until his resignation. At the time of his resignation, Mr. Pegram had accumulated 215 hours of leave time, therefore, the City owes him the following; amount: $2,409. Mr. Pegram believes that in accordance with an agreement he had with Mr. Glotfelty, former City Manager, that he should have accrued leave at the rate of 20 hours per month as Mr.alotfelty had advised him that he would receive 30 leave days per year. Computed at this rate, the City would owe Mr. Pegram 409 hours accrued leave at his salary rate at the time of his resignation would amount to $4,500.80, The difference between the amounts which Mr. Pegram zowes the City and the amounts which the City owes Mr. Pegram would be as follows: If leave is computed at 14 and 10 hours, Mr. Pegram owes $1,791.50. If leave is computed at 20 hours, City owes Mr. Pegram $301.30. KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 9 City Attorney, Janis Williams, advised the Council that the Personnel Regulations were unclear as to the definition and reference made to the employee and department head. It does imply, therefore, that the department head does not come under the definition of employee. Councilman Sweet asked what the present policy of department heads accruing leave - is it 14 and 10 hours? Miss Williams advised that the present practice to that the City Manager and all department heads are under the present Personnel Rules that entitle them to accrue at 14 and 16 hours per month. Councilman Hudson asked that Mr. Pegram speak before the Council and advise what he fools would be a fair and equitable resolution to this matter. Mr. Pegram stated that when he was hired, Mr. alotfelty had advised that he would receive 30 days leave per year. This was a verbal commitment but Mr. Pegram stated in his opinion he felt the City should honor this agreement made by the former City Manager. Mr. Pegram further stated he felt an equitable settlement would be the $301.30. Mayor Elson asked if during his employment, did Mr. Pegram know of any other employees receiving the 30 days leave per year and Mr. Pegram stated that he had contacted former Chief Wisecarver and Mr. Wisecarver was under the Impression that he too received 30 days/year. Councilman Hudson asked if Mr. Pegram would consider a "straight across swap with zero as the bottom figure?" Mr. Pegram advised that at this time he could not accept this type of settlement. Mr. Lynn advised that Marshall Mahurin would verify that he heard the statement from Mr. Glotfelty concerning the fact that Mr. Pegram was receiving 30 leave days per year. City Attorney Williams stated that perhaps it should be taken into consideration if Mr. Pegram is paying back money for time (percentage of salary to be reim- bursed to the City) would Mr. Pegram also be accruing annual leave during this time (salary) that is to be reimbursed to the City? Councilman Morgan inquired if the City Manager could arbitrarily set leave? Mr. Lynn advised it is implied that he could because of they way the Personnel Manual is written. Mayor Elson directed the City Attorney to recalculate the figures taking into consideration both the annual leave accrual and the salary. Miss Williams advised that if figured in this way, Mr. Pegram now owes the City of Kenai $100. Mayor Elson asked if Mr. Pegram would reconsider based on the new calculation that he owes the City $100? Mr. Pegram stated that due to the fact he has to return to work on the North Slope this weekend, he would reconsider and would agree that the matter was settled and no further monies were owing. Therefore, the City of Kenai did not owe Mr. Pegram and Mr. Pegram did not owe the City of Kenai. I KRNAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1970 PAGIb 10 MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the City of Kenai consider the written terms of the agreement with Mr. Pegram dated September 0, 1974, fulfilled as the agreement has been satisfied and that Mr. Pegram's claim for leave is paid in full subject to the signing of the mutual release by both the City of Kenai and Mr. Pegram as drawn up by the City Attorney. Motion passed unanimously by roll call vote. 0-7: Extension of date/development plan - Soapy Beaver Car Wash Mr. Lynn advised the Council that at the signing of the lease on July 1, 1975, Mr. Britt, in his development plan, stated that a 38' x 28' concrete block building would be set up within three to six months following signing the lease. The time limit for the proposed developments expired January 1, 1070, and as no developments have been made on the property, Mr. Britt is asking for an extension for construction until August 1, 1970, a seven month period. Mayor Elson, with consent of Council, permitted Mr. Britt to speak before the Council. Mr. Britt advised that he had stopped all plans for development when he received a call from a bank in Anchorage who was interested in his property. Mr. Britt then entered into negotiations for them to take over his lease. However, he recently received a call from the First National Bank advising that they were no longer interested in Mr. Britt's property and, therefore, Mr. Britt was once again interested in resuming his development plan for the car wash. Councilman Hudson advised Mr. Britt that it has been the position of Council not to approve the sublease or consent of assignment of loaso on any City owned leased raw land. Also, it was not the policy of the City to allow speculation by the Lessee. Councilman Morgan asked for an explanation of the bank's interest in City lands from Administration. Mr. Lynn advised that the First National Bank had approached the City looking for a suitable location on which to build a branch office in the area, The City did, at this time, advise representatives from the bank, the availability of certain lands that could be leased. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the City allow Robert Britt d/b/a Soapy Beaver Car Wash to extend the date of development plan until June 30, 1976, with no renewals unless development plan is implemented and authority is hereby extended to Administration to draft an amendment to the development plan to be signed by City Administration and Mr. Britt. Councilman Ambarian advised that he would abstain from voting as he had done consulting work for Mr. Britt with regard to the development plan of the car wash. Motion passed unanimously by roll call vote with Councilman Ambarian abstaining, ,r KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 19, 1976 PAGE Il G-8: Did Tabulation - Tires and wheels for City Dump Trucks. Mr. Lynn advised that the bids had just been received and the tabulation made late this afternoon. Administration did recommend that Council accept the bid from the American Tire Warehouse on the tires only in the amount of $4,660.68. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, that Council approve the bid as submitted by American Tire Warehouse for their bid on tires only in the amount of $4,569.68. Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report (a) Mr. Lynn reported that he had received a telephone call in the afternoon from the ISO office and they advised that the City had been granted the 8 Fire Rating for the outlying areas. The effective date would be February 21st. Mr. Lynn will receive written notification which will outline the exact areas which will be affected, (b) The City received word from the State Division of Aviation that the State r would make available to the City of Kenai funds for a planning grant on the airport. The FAA will fund 75%, State 15% and the City will pick up 10%. i Mr. Lynn requested that Council meet with the Planning t: Zoning Commission Wednesday evening, February 25th, at 7: 30 p.m., in the Public Safety Building to review the Airport Comprehensive Planning study. (a) Warm Storage Facility ty -the contractor is working on the facility and will be hanging the doors this week. Councilman Morgan asked if the City had ' a contract on the construction of the warm storage facility and Mr. Lynn advised that there was not. Mr. Aber, Public Works Director, Y t � thexplained that in a ' job such as this one two different parties were involved, one party for the actual construction of the building and one party for purchase of the building. A contract would require bonding which would be prohibitive in cost. Therefore, this alone would probably double the cost of the project. Mr. Aber further advised that he has discussed the situation with the City Attorney and they are working on a Dimple agreement (escrow, ete .) that can be -- utilized for projects of this stature. I 9 KENAI CITY COUNCIL, REGULAR COUNCIL MEETING, FFI3RUARY 18, 1076 PAGE 12 Councilman Morgan asked what type of building the City was getting construction -wise and was advised by Mr. Aber that some of the construction will have to be re -done but once this to accomplished the City will have an acceptable building. Councilman Morgan also inquired if the present contractor were licensed and Mr. Aber stated he would check on this and report back at the next meeting. (d) Mr. Lynn advised that the City would have the budget calendar out by Friday. Administration is hopeful to have the budget adopted by the first part of May this year. (e) Citizen Complaint report revolves around snow removal and animal control complaints. Councilman Ambarian asked Administration what the final plans are for animal control. Mr. Lynn advised the City was sponsoring a rabies clinic on February 19th and 20th. At this time, the City has no facilities for holding animals impounded, etc. councilman Ambarian stated in his opinion a date should be set for some type of program using the funds budgeted and those citizens calling in should be given some type of date that this program will be implemented. H-2: City Attorney's Report Miss Williams advised the Council that she had investigated Senate Hill 539 and found that 10% of the tax collected from fish processors in the City was remitted to the City (this is a 3% tax to the processor) . Councilman Morgan directed the City Attorney to prepare a resolution opposing the new legislation. H-3: Mayor's Report Mayor Elson reported to the Council that he had contacted Mr, Galliett, Engineer for the water project, and encouraged him to get the project underway. Mayor Elson advised that he had traveled to Juneau and attended OCS meetings and also attended the hearing on the Cook Inlet land swap. Also visited the office of the Commissioner of Community and Regional Affairs and reviewed the print-out as to actual revenue sharing. Total dollar figure a little more than last year -- Kenai shows it will be receiving the same as last year. With regard to Coastal Zone Management, it appears close to the present bill. However, planning recommended wording stronger in that local government has zoning authority. OCS - Governor quite likely to file against the Federal Government to postpone sale for a couple of years. On local level, the Mayor advised that he had meetings on OCS planning money and there will be approximately $300, 000 this year for planning for the anticipated communities that will be impacted. Mayor Eisen also met with Mr. Richard Engen, State Director of Libraries, who advised that they have not received any bills from the City for the construction of our library. The Mayor directed the Finance Department to proceed with the proper paperwork. a KENAI CITY COUNCIL, REGULAR MEETING, FRBRUARY 19, 1976 PAGE I3 Mayor Elson also advised that Kenai will be the site of the next meeting of the Municipal League Board of Directors. This meeting will be held August 6th and 7th at the Sheffield House. Mayor Elson reported further on various bills before the Legislature and of his meetings with Senator Tillion and Representative Malone. Mayor Filson learned that bills are before the Legislature for 60% State funding for water/sewer construction. H-4: City Clerk's Report None H-5: Finance Director's Report None H-6: Planning a Zoning Commission's Report Councilman Ambarian reported that at the last meeting of the Commission, a joint public hearing was held with the Borough Planning Commission. Before both commissions was an application for zoning change at the corner of Forest Drive and Redoubt Boulevard. Kenai Planning Commission voted unanimously against the granting of the zoning change. The Kenai Peninsula Borough Commission also voted against the zoning change. Also before both Planning Commissions was the matter of the extraction of natural resources. Both Kenai Planning Commission and the Borough Planning Commission voted unanimously for approval. H-7: Kenul Peninsula Borough Assembly's Report Councilman Hudson reported that Ordinance 76-1 concerning rezoning in Seward was postponed. Ord. 76-9, making supplemental appropriation of $240,000 to capital projects from the Federal Revenue Sharing Trust Fund for construction on Borough Office Building passed for Introduction. Ord. 76-10 providing for selection by Assembly of an acting assembly member to fill a vacancy for areas outside of first class cities passed set for hearing. Ord. 76-12, regarding the new Seward High School passed for hearing. Mr. Red Smith made a public presentation in which he chastised the Borough for not opposing strongly enough the action on the Harding Ice Fields -- Mr. Smith protested the government "locking it up". The School Board budget was presented. Other business presented incluRed two resolutions, one expressing continuing opposition of the Kenai Peninsula Borough to the Harding Ice Field/Kenai Fjords National Monument Proposal (DF.S 73-86 and Res. 76-6, authorizing expenditures from the Capital Projects Fund to Proceed with the architectural design and related costs through the construction phase for the renovation of the 1950 building and the 1966 building of Homer Schools. f" KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 14 Mr. Bee. Delahay submitted his resignation as Borough Attorney to the Assembly. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Mr. Phillip Aber, Public Works Director Mr. Aber spoke in regard to the proposed construction of Forest Drive which the State Highway Department will begin this spring -- Mr. Aber reported that the sewer line that parallels Forest Drive does not pose much problem, however, the water line is another problem. The water main runs down the center of the road to the Sears Elementary Rchool. At this point it becomes a distribution to Woodland S/D . In Mr. Aber's personal opinion, the lines are much too small and new lines should be installed. Estimated cost of the project would be $50-80, 000. Councilman Hudson asked if it were possible for the Public Works Department to draw up the exact needs and present the report to Council. Councilman Ambarian suggested that it might be less costly to have the contractor doing the road work for the Highway Department do the construction for the City at the same time. Mr. Aber agreed with Councilman Ambarian, however, there was a question as to where the funds would be derived from for this project. Administration/Public Works/Finance will submit a report to the Council regarding this situation. I-2: Mrs. Ruby Coyle Mrs. Coyle inquired as to the status of the street naming and house numbering project that was started some time ago? Mr. Lynn advised that the Fire Department Is presently bringing the project up-to-date. I-3: Mr. Arthur Evans Mr. Evans requested Council immediate reconsideration on item F-1, Council selection of a new Council member. Mr. Evans stated that in his opinion he did not feel the City government to functioning to its fullest capacity with one person short on the Council. Mr. Evans further stated that this matter had been tabled for the last three months and there appeared to be a split with each vote and there is two factions which vote the same each time. Mr. Evans suggested that these two factions sit down and make out a list of names they both feel suitable. Upon completion of the lists, compare the two and match up names that both sides feel they can agree upon and select from there. Council was in unanimous concurrence not to reconsider the matter at this time. There being no further business of the Kenai City Council, Mayor Elson adjourned the meeting at 10: 45 p.m. Respectfully submitted, Zl eC. Peter, City Clerk