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HomeMy WebLinkAbout1976-03-17 Council Minutes0 0 Ee AGENDA REGULAR MRI:TING - KN.NAI CITY COUNCIL MARCH 17, 1010 - S.,00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A . ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 290-76 - Adopting 1070 Kenai Municipal Airport Regulations 2. Lease of City Owned Lands - Peninsula Oilers S. Renewal of Beverage Dispensary License for the Pro -Plight Room 4. Renewal of Beverage Dispensary License for the Rig Bar S. Renewal of Beverage Dispensary License for Kenai Joe's ADJOURNMENT - BOARD OF ADJUSTMENT - GRAVEL PIT USE PERMIT C. PERSONS PRESENT SCHEDULED TO RE HEARD 1 Mr. Don Towltsbury - Harbor Commission 2. Mo r Joyce, Nelson - Cook Inlet Council on Alcoholism D. MINUTES 1. Minutes of the Regular Meeting of March S. 1076 E. CORRESPONDENCE F. OLD BUSINESS 1. Piro Department Mutual Aid Agreement - Kenai/North Kenai/Soldotna 2, Warm Storage Facility S. 4. 6. 0. NEW BUSINESS 1. Bills to be paid - bills to to ratified 2, Ordinance No. 291-76 - Amending 1975-70 fleneral Pund a Debt Service Pund S. Ordinance No, 292-76 - Increasing 1975-75 Fiscal Budget 4. Resolution No. 76-14 - Adjustment of Appropristiens of Revenues S. Council eonaiderstion - waiver of penalty to Sea -Lend S. City sponsorship of Youth Recreation Night 7. Special Use Permit - Kenai Air Service $. Lesse of Airport Lands - U. S. Dept. of interior (Fish a Wildlife) 9, Pest, Marwick, Mitchell a Co. - Proposal 10. Council consideration - Donnybrook S/D 11. Partial Payment Estimate 03 - Kenai Community Library Contractor H. REPORTS 1. City Manager's Report 2. City Attorney's Report S. Mayor's Report 4. City Clouts Report S. Finance Director's Report 6. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 2. P KF.NAI CITY COUNCIL -REGULAR 1 Em'ING MARCH 17, 1976 - 8: 00 P.M. KLNAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON , PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Edward Ambartan, Tom Ackerly, A. L. Hudson, Richard Morgan, Dan Whelan and James Elson. Absent: Walter Sweet AGENDA APPROVAL The following additions were approved: B-5: Renewal of Beverage Dispensary License for Kenai Joe,a C-2: Mrs. Joyce Nelson - Cook Inlet Council on Alcoholism 0-10: Council consideration - Donnybrook SIT) 0-11: Partial Payment Estimate 03 - Kenai Community Library Contractor The following deletions were approved: C-1: Mr. Don Tewksbury - Harbor Commission G-4: Resolution 76-14 - Adjustment of Appropriations of Revenues G-5: Council consideration - Waiver of penalty to Sea -Land 44 B. PUBLIC HEARINGS B-1: Ordinance 290-76 - Adopting 1976 Kenai Municipal Airport Regulations Mayor Elson advised that this ordinance was "An ordinance of the Council of the City of Kenai, Alaska adopting the 1976 Kenai Municipal Airport Regulations. Whereas these regulations will serve as the regulator power for the Airport Manager or his designated representative, and Whereas, prior regulations were adopted by the Airport Advisory Commission and have since become outdated, and whereas, these regulations, as amended, are a necessary tool in the proper management of the Kenai Municipal Airport". Mr. Lynn stated that the amendments were included that were decided upon during the work session held by the Council and, therefore, Administration would then recommend adoption of the ordinance as amended. Mayor Elson opened the meeting to the public -- there being no public input, the hearing was returned to the Council table. MOTION: Councilman Hudson moved, seconded by Councilman Ambartan, that the following amendments be made to Ordinance 290-76: (1) 5.030 - all aircraft owners parking to transient aircraft in an area designated by the Airport Manager shall register their aircraft with the Airport Manager, (2) 5.060 - Rates for tie -downs of aircraft over .rt --- KFNAI CITY COUNCIL - RFGULAR AWTINr PAGE 2 MARCH 17, 1976 - 8: 00 P.M. (Item B-1, continued) 4, 000 pounds shall be determined by the Airport Manager. Rates will be determined by certified gross take -off weights and charged .005 cents per pound. (3) 6.010 - New aircraft arrivals intending residency at the Kenai Municipal Airport shall register their aircraft in a commercial parking area not more than five (5) days after their armival at the airport. (4) 6.020 - Transient aircraft owners failing to register their aircraft with the Airport manager within the five day period as set out in 6.010 shall be charged with improper parking of the aircraft and subject to impoundment of the aircraft. (5) 8.071 - Taxiing shall be done straight down the runway after touchdown and aircraft shall turn onto the first exit taxiway or as directed by the FAA Control Tower. (6) 10.110 - The word "quarterly" shall be stricken from the paragraph which deals with fuel taxes. (7) 11.090 -The beginning words "No tenant or lessee" in this paragraph shall be changed to "All tenants or lessees". (8) 12.050 - Military and government aircraft using the Airport shall be exempt from landing and transient parking fees. These exemptions shall not apply to commercial aircraft operations leased to Governmental agencies. 1 Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the adoption of Ordinance 290-76, adopting the 1976 Kenai Municipal Airport Regulations, as amended. ° Motion passed unanimously by roll call vote. ° B-2: Lease of City Owned Lands - Peninsula Oilers Mayor Elson introduced Mr. Robert Peterkin who represented the Peninsula a Oilers and requested that Mr. Peterkin explain their proposal. Mr. Peterkin stated that the particular piece of property in question was a portion of Government Lot 4, Section 3, Township 5 North, Range 11 West, Seward Meridian. The original request was for 40 acres of land for 55 years. In this agreement, the Peninsula Oilers would develop this parcel of land plus develop Little Teague fields f and other developments as outlined in the plan set forth through negotiations between j City Administration and representatives from the Oilers. Assessments would also be paid for this particular parcel. After further discussions, the Oilers now proposed t to lease only a 10 acre portion of Government Lot 4 at an annual lease rate of $1,200 i per year with $000 payable in cash and $600 of in -kind contribution which shall consist of labor done on or materials furnished for the improvement or enhancement Of that portion of Government Lot 4 remaining in the name of City or under its control. The new proposal is also for a 55 year lease with a renegotiation of every five years. Mayor Elson read a petition from twenty-nine City residents who are in opposition of - - = the City leasing this particular parcel of 1Hnd to the Oilers. Mayor Elson then opened the hearing for public comment. �f i a it ,: 5 • IiFNAI CITY COUNCII. - RFOULAR nRFFTING March 17, 1976 - 8:00 P.M. n (Item B-2, continued) PAG1? 3 Mr. David Thornton - stated he resided within the vicinity of the proposed Oiler's ballpark and and was opposed to the lease of the property to the Oilers as it would create a traffic problem, dust problem, excess usage of the streets in the area and noise pollution. Mr. Ron Malston, representing( the Chamber of Commerce, read a resolution to the Council ns presented by the Chamber Board of Directors supporting; the lease of the land to the Oilers. Mr. Gary Davis spoke in favor of the lease to the Oilers in that they were offering to provide recreational facilities that that the City had been unable to do so at this point in time. Mrs.Donna Shuler spoke in opposition of the lease as she felt the facility should not be located in a residential area. Mrs. BeVQ-T1 ►• Fillio asked the Council what the land had been designated as and was advised by Mayor Flson that the Council had designated this portion of land for recreational purposes. Airs. Sally Bailey inquired as to why the first proposal as submitted by the Oilers had been turned down and Mayor Flson advised that it had not been turned down, just tabled until a few areas of concern had been settled between the Oilers and the city. Mrs. Frances Jones inquired ns to who would build the Little League fields and was advised by Mr. Peterkin that the first proposal contained a development plan which included the Little League Fields. Mrs. Jones also asked if the trees would be left and Mr. Peterkin advised that a 50 feet (at least) of wooded area would surround the facility for noise pollution, wind breaker, etc. Mr. Jerry Carlson advised that all games would be played during the day as the Oilers had no lights for the field. Mr. Ron Malston stated that if the Council did not look at this site favorably, he would hope they would offer the Oilers an alternative area in which to build their facility. Mr. Vince O'Reilly, representing the Oilers, pointed out to the residents of the area concerned that only approximately one-half of the games would be played on the Oilers home field. The Offers are a non-profit club and have to depend upon the community for support. Mr. O'Reilly further stated that he felt these baseball activities helped both the participants and the youth of the community and asked for Council's most serious and approving consideration. Mr. Coral Seymour - greatly urged the Council to accept the proposal from the Oilers Mr. Robert Gregory asked if any of the Directors of the Oilers lived in the vicinity of the proposed Oilers park and was advised that there were some members living L kENAI CITY COUNCIL - RFGULAR MFFTING PAGE 4 MARCH 17, 1976 - 8:00 P.M. (Item A-2, continued) In the area. Mr. Kyle Jones asked if the Jr. High and High School would be able to use these facilities and Mr. Peterkin advised that the Little League fields would probably be more suitable for soft ball games. Mr. John Fillion spoke in favor of the lease to the Oilers and felt steps could be taken to provide more trees to buffer the noise, oil the streets, etc. Mr. Richard Stetler, a member of the Board of Directors for the Oilers sp oke p oke In � favor of either proposals and stated that the Directors were acting in good faith and would hope that the council would act without further delay on the request. Mr. Ron Anderson stated that he lived near the proposed facility and advised that 90% of the residents had been contacted and only approximately 5% of those contacted j favored the proposed site. Mr. Morris Redford spoke as a booster of Rabe Ruth clubs and stated that the members of the Oilers team had done a great deal for the youth clubs in the area. Mr. Redford felt the proposal was excellent and would be beneficial for both the youth baseball teams and the American Legion baseball teams. i Mayor Elson inquired as to which proposal would be the first choice of the Oilers - and was advised by Mr. Peterkin that they would prefer the 10 acre site. Mr. Wade Lundstrom spoke in favor of the lease and stated that the Oilers had been very beneficial to the community in numerous ways. Mr. Thornton advised that he was not opposed to youth recreation but did oppose the potential problems that would be created by having a facility of this type in a residential area. Mr. Paul Weller urged the Council to approve pprove the proposal as the Directors are � giving of their time for the good of the community. Mr. James Payne spoke in favor of the proposal and stated he believed the monetary ; } value the City would receive is fair and equitable. Mayor Elson asked if there were any further comments from the public -- there being none, they hearing was brought back to the Council table. Councilman Morgan advised Mr. Thornton that these lands had been reserved by the Federal government for recreation. This particular piece of land would therefore �= be the only area where something like this could be developed without paying excessive _-- lease rates. , MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, that the City accept the alternative lease for a 10 acre section of Government Lot 4, Section 3, Township 5 North, Range U west, Seward Meridian with the Kenai Peninsula Oilers Baseball i W KENAI CITY COUNCIL - REGULAR AIF.ETING MARCH 17, 1976 8: 00 P.M. (Item B-2, continued) Club, Inc. PAGE 5 At this time, Mayor Flson read Resolution 76-15, "A resolution of the Couneil of the City of Kenai declaring that the leasing of a potion of Government Lot 4 to Kenai Peninsula Oilers Raseball, Inc. is within the intent of Resolution 75-66 setting lot 4 aside for recreational purposes. Whereas, the Council of the City of Kenai by Resolution No. 75-66 set aside Government Lot 4, Section 3, T5N, Rllw, SM for recreational purposes; and whereas, Venal Peninsula Oilers Baseball, Inc. a non- profit corporation of the State of Alaska, desires to lease a portion of said Government Lot 4, and to use such portion for the promotion and operation of baseball activities, particularly the conducting of amateur baseball games, and whereas consideration for such lease, Oilers have agreed to pay a "fair market value" rental for the property, part to be paid in cash and part to be paid in -kind, which part Is to be in the form of labor done and materials furnished to the improvement or enhancement of the remainder of Government Lot 4 for recreational purposes within the guidelines set by the City of Kenai. Now, Therefore, be it resolved by the Council of the City of Kenai that: The Council hereby declares that: Section 1. The leasing of the NW one -quarter of Government Lot 4, Section 3, T5N, R11W, SM to Kenai Peninsula Oilers Baseball, Inc. falls within the recreational uses contem- plated for such Lot 4 by the Council's Resolution No. 75-66 and Section 2. The Council hereby declares that all cash payments (excluding payments for special assessments) made by Oilers on their lease of a portion of Government Lot 4 shall be dedicated to recrational purposes." Councilman Hudson asked what plans had been made to survey this particular parcel of land if the lease is granted and where is the money coming from? Mr. Lynn stated he would think that Oilers would be responsible for the survey of the 10 acres of land. Mr. Peterkin advised that he believed they would be responsible only if the Oilers were purchasing the land. Councilman Morgan advised that the survey might not be required. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, that the following amendments be made to the proposed agreement: Page 1 of the lease under Payment (a) delete "City waives payment of the $150 In - kind payment". Page 2 (d) , amend so that it does not point which facilities could be improved upon and also on Page 2 (d) add Council ..... "City Council shall approve....." Mr.Peterkin questioned the Oilers assuming responsibility of any or all recreation facilities for the City and stated he would like the Oilers to contain their efforts to the 30 acres adjacent to the proposed 10 acre site. QUESTION - AMENDMENT Motion failed by roll call vote. Voting no; Ackerly, Hudson, Morgan, Wheland and Elson . Voting yes; Ambarian . KENAI CITY COUNCIL - REGULAR MFFTING PAGE 6 MARCH 17, 1976 8: 00 P.M. (Item B-2, continued) AUESTION• :Motion passed by roll call vote. Voting yea; Ackerly, Hudson, Morgan, Whelan, and Flson. Voting no; Ambarian MOTION: Councilman Hudson moved, seconded by Councilman Ackerly, for adoption of Resolution No. 76-15, A resolution of the ("ouncil of the City of Kenai declaring that the leasing of a portion of Government Lot 4 to Kenai Peninsula n1lers Baseball Inc. is within the intent of Resolution No. 75-66 setting Lot 4 aside for recreational purposes. Motion passed unanimously by roll call vote. B-3: Renewal of Beverage Dispensary License for the Pre -Flight Room Mr. Lynn advised that all taxes were current for the Pre -Flight Room and recommended approval of the renewal of their beverage dispensary license. Mayor Elson opened the hearing to the public -- there being no input, the hearing was returned to the Council table. MOTION: Councilman Ambartan moved, seconded by Councilman Hudson, for approval of renewal of beverage dispensary license for the Pre -Flight Room. Motion passed unanimously by roll call vote. B-4: Renewal of Beverage Dispensary License for the Rig Bar ' L Mr. Lynn advised that all taxes were current for the Rig Aar and would, therefore, recommend approval of their application for renewal of license. i Mayor Elson opened the hearing for public comment. There being none, the meeting was returned to the Council table. MOTION: Councilman Morgan moved, seconded by Councilman Hudson, for the approval of the renewal of beverage dispensary license for the Rig Bar. Motion passed unanimously by roll call vote. 'f. B-5: Renewal of Beverage Dispensary License for Kenai Joe's x; F. _- Mr. Lynn advised that the Borough Tax Collector's office reported that the personal property taxes and three quarters for Sales Taxes were delinquent for Kenai Joe's. Administration would then recommend approval be made pending payment of all delinquent taxes. f' F � t Y , KENAI CITY COUNCIL PAGE 7 REGULAR MEETING MARCH 17, 1976 - 8: 00 P.M. (Item A-S, continued) MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, for approval of the renewal of beverage dispensary license for Kenai Joe's contingent upon payment of all delinquent taxes. Motion passed unanimously by roll call vote. ADJOURNMENT - BOARD OF ADJUSTMENT - GRAVEL PIT USE PERMIT At this time, Mayor Flson adjourned the regular meeting of the Kenai Council for action to be taken by the Board of Adjustment with regard to the application of a gravel pit use permit as submitted by Mr. Cheater Cone. t� 0 kVNAI CITY C(1mmy, a 1;T?nITLATt ARVETINO PAGE A MARCH 17, 1976 - 5:00 P.M. I C . PERSONS PIiE.SENT SCHEDULED TO TIP NKARD C-1: Deleted C-2: Mrs. Joyce Nelson - Cook Inlet Council on Alcoholism Mrs. Nelson, representing the Cook Inlet Council on Alcoholism, stated that several citizens are concerned with the nleoholism in the area and want to help the problem drinker, There Are 20 members on the T;curd and they have 115 paid up members. The Council is approaching all the cities on the Peninsula to ask for support. Mr. John O'Connor, also representing the Council, explained that they wore soliciting from members of the community to assist in the financial needs of the Council on Alcoholism. Mr. O'Connor nlse expinined the proposed budget and requested that the Kenai City Council include in the up -coming budget work sessions a contribution to the Council on Alcoholism in the amount of $7, 500 which is one-half of the funds received from the State on Liquor License refunds. Councilman Morgan asked if the Council on Alcoholism was related in any way to Alcoholics Anonymous and was advised by Mr. O'Connor that it was not. Council directed Administration to remind Council during the work sessions for the budget a consideration for a donation to be made to the Cook Inlet Council on Alcoholism with an amount to be determined at a later date. D . MINUTES D-1: Minutes of the Regular Meeting of March 3, 1076 There being no corrections or additions, the minutes stood approved as distributed. F. CORRF.SPONDFNCF P,-1: South Central Health Planning & Development lWayor Plson advised the Council that a letter had been received from the South Central Health Planning a Development group informing the City of a public meeting to be held in the Borough Building on March 29th, at 7: 30 p.m. for the purpose of nominating two consumer reproxentatives for the Board of THreetors of the South Central Health Planning and Development, Inc. F. OLD BUSINESS F-1: Fire Department Mutual Aid Agreement - Kenai/North Kenai/Soldotna Mr. Lynn advised that all problems had been resolved and Administration recommended approval of the agreement. n 0 Ki?NAI CITY COUNCIL - 11HOT1LAit M101,11W 1 ACH, 1� MARCH 17, 1076 - St 00 P.M. ( Item F-1, continued) Councilman Ambarinn inquired if all three groups were in agreement to cover one another and was advised that they were. MOTION: Councilman Ambarian moved, seconded by Councilmnn ttudnen, for the approval of the Hire Department Mutunl Aid Agreement - Kenai/North Kenai/ Soldotnn with an amendment that a copy of the insuranee policy be included or that each party become a named insured on the ethers policy. Motion passed unanimously by roll call vote. F-2: Warm Storage Facility Mr. Lynn advised that the City had advertised thnt final payment will be made to Rudy Solee, contractor for the Pity of Kenai wnrm Storage Fnoility on Mnrch 23rd and nny outstanding bills for labor done on or parts and materials supplied for the Wnrm Storage Building should be presented to the City of Kenai (in writing) by Monday, March 22nd, G. NEW BUSINESS G-1: Hills to be paid - bills to be ratified Mr. Lynn advised that those were routine bills and all wore budgeted items and recommended approval. MOTION: Councilman Morgan moved, seconded by C'olneilman Aekerly, for approval of the bills to be paid and approval of those bills to be ratified. Motion passed unanimously by roll call vote with Councilman Ambarian not present at time of vote, C3-2: Ordinance No, 291-76 - Amending 1075-70 General Fund and Debt Rer, vice Fund Mayor F,lson read ordinance no, 201-70 - "An Ordinance of the City of Kenai amending the 1975-76 general Budget and Debt Service Fund by: From: Genoral Fund Fxpondituron - Von -departmental, Rentals $0,500) Non-dopartmental , interfund transfer $1, 500 to: Debt Service Fund Vxpenditurox Principal - $1,2001 Interest $300; Dobt Service Fund Revenues - Interfund Receipts - $1,500, The purpose of this ordinance is to show the annual lease purchase payment for the dock in the Debt Service Fund rather than the General Fund". n i - I� I Elm KFNAi CITY COUNCIL RVOTILAn MFRTINCI PAGE 10 MARCH 17, 1976 9: 00 P.M, (Item 0-2, continued) Councilman Morgan inquired if the lease payments equal the purchase pried and Susan Cartwright, Acting Finance Director, advised that she would investigate the matter. MOTION: Councilman Morgan moved, seconded by councilman Whelan, for introduction of Ordinance No. 291-70, Amending the 1975-76 General Fund and nebt Service Fund. Motion passed by roll call vote with Councilman Ambarian abstaining as he had not been present during the discussion of the matter. 0-3: Ordinance 292-76 - Increasing 1975-76 Fiscal Budget Mayor Rlson read the Ordinance "An Ordinance of the City of Kenai amending Ordinance No. 273-75 passed and adopted September 3, 1975, and that the 1075-76 Fiscal Budget of the City of Kenai, Alaska, be amended to reflect the following increases: Water k Sewer Revenue Fund - interfund receipts $7,971 and General Fund, Non -departmental - interfund transfers, $7,971. MOTION: Councilman Whelan moved, seconded by Councilman Ambarian for introduction of Ordinance 292-76 - Amending Ordinance No. 273-76 and increasing the 1975-76 fiscal budget. Motion passed by roll call vote. Voting yes; Ambarian, Ackerly, Hudson, Whelan and F.lson . Voting no; Morgan G-2: Councilman Hudson moved for immediate reconsideration of item 0-2, Ordinance No. 291-76, Amending the 1975-76 General Fund a Debt Service Fund. QUESTION: Motion for introduction passed unanimously by roll call vote. G-4: Deleted G-5: Deleted 0-6; City Sponsorship of Youth Recreation Night Councilman Morgan advised that the City had sponsored this activity last year and requested approval for this year as well. Councilman Ackerly advised that the program had been very st acessful thus far r- KFNAI CITY COUNC11, RFOULAn AIFFTINO PAGE 11 MARCH 17, 1976 8:00 P.M. (Item Q-6, continued) MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, that the City of Kenai continue to sponsor the Friday night youth recreation activity. Motion passed unanimously. G-7: Special Use Permit - Kenai Air Service Mr. Lynn reported that this Special Use Permit is to operate a direct telephone In the Airport Terminal Building for Kenai Air Service. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for approval of the Special Use Permit for Kenai Air Service in the amount of $90 for the period commencing on March 1, 1976 and shall extend to and through February 28, 1977. Motion passed unanimously by roll call vote. d-8: Lease of Airport Lands - U . S . Dept. of interior (Fish & Wildlife) Mr. Lynn advised that this lease with the U . S . Department of the Interior (Fish and Wildlife) was for 55 years for Block 3, Lot 2, General Aviation Apron and was for an annual rental rate of $939.15. MOTION: ; Councilman Ambarian moved, seconded by Councilman Hudson, for approval of the i lease for Airport Lands to the U . S . Department of Interior (Fish and Wildlife). Motion passed unanimously by roll call vote. a-9: Peat. Marwick, Mitchell & Co. - Proposal Mr. Lynn advised that he had requested Peat, Marwick a Mitchell present a proposal to the Council for their consideration for the up -coming audit. Councilman Ambarian stated in his opinion he felt the City should have more than one proposal to consider. Councilman Whelan stated that as they had done the audit last year, it should not be so costly this year using the same firm. Mayor Elson stated he felt that there should be some continuity in audit firms. City Attorney Williams stated she would verify whether or not the City had to go to bid on this matter. Councilman Morgan suggested the matter be tabled until such time the City Attorney had resolved whether or not we had to go to bid and Councilman Whelan also requested that an investigation be made into the high cost factor. IFKENAI CITY cotiNCII, - REGi1LAR. Mi{PTI'JC3 MARCH 17, 1976 - 8: 00 P , rr G-10: Council consideration - Donnybrook Subdivision MOTION: MOTION: (b) PAGE 12 I Mr. Lynn advised that the developers of nonnybrook Subdivision had met with City administration and stated that they had run into a problem as the main water and sewer line that follows E Street NE cuts the middle of their proposed subdivision and is at an approximate depth of 20 feet making it highly infeasible both from a physical and a financial standpoint to make use of this service that they are paying assessments on. The developers intentions are to have 20 homes started in this S/D during this Up -coming building season and at this point in time are unable to continue because of the high costs of the tie-ins to the mains. The developers proposed that the cost of installing two deep sewer manholes and two water risers at the points noted on plot plan be reimbursed to the developer by the City in the form of a credit against the water and sewer permit fees. ' i After considerable discussion concerning location, etc. it was the unanimous decision of the Council that the Public Works Director needed to be present for further debate on the matter. Councilman Hudson moved, seconded by Councilman Ambarian, to table the matter of Council consideration of Donnybrook Subdivision. Motion passed unanimously. Partial Payment Estimate #3 - Kenai Community Library Contractor Mr. Lynn advised that the Ruilding Inspector and Public Works Director had Inspected the work done thus far on the Library building and approved payment of partial payment estimate #3. Councilman Ambarian moved, seconded by Councilman Morgan, for approval of Partial Payment Estimate #3 in the amount of $32, 774.83 . Motion passed unanimously by roil call vote. REPORTS City Manager's Report Mr. Lynn Advised that the City had been interviewing various firms with the regard to the FAA Planning Grant. Mr. Lynn reported that he and Mr. Phillip Aber will be traveling to Seattle Thursday for a pre -bid conference with P.DA on the Kenai Water well Project. He also advised they would be meeting with EPA concerning a letter received from EPA requesting ' 1 'C• PAGE 13 KENAI CITY COUNCIL - RFOULAR MFFTIN0 MARCH 17, 1976 - 8: 00 P.M. (Item H-1, continued) several thousand dollars worth of modifications be made to the Sewer Treatment Plant which the City does not feel is justified. Mr. Lynn would travel onto Juneau from Seattle for the Spring meeting of the City Manager's Association. Councilman Ambarian requested that Administration arrange a work session concerning the water project so that Council is aware of the status of the project prior to going to bid. Councilman Ackerly inquired as to the progress of the Animal Control Program and was advised that an agreement was underway with a private contractor. H-2: City Attorney's Report With regard to the PEP Suit, the City had filed a Motion to Dismiss. In the meantime the City Attorney will get the facts together and will go to Juneau to review their records and then come up with a figure that the City justly owes and then will make an offer for settlement. With regard to the Kenai Homeowners Suit - no other activity on the matter at this r time. H-3: Mayor's Report Mayor Elson advised that the Municipal League had materials to be loaned out which may be beneficial to the Council for the up coming budRAt work sabsions. I H-4: City Clerk's Report None H-5: Finance Director's Report Acting Finance Director, Susan Cartwright, asked if the Council had any questions regarding the financial statements. Councilman Ambarian asked in the balance columns that anytime we have collected more than budgeted he would like to see a separate column. Councilman Whelan suggested that this amount be shown below the sub -total figure. H-6: Planning a Zoning Commission's Report None H-7: Kenai Peninsula Borough Assembly's Report Councilman Hudson reported that Ordinance 76-5 - an attempt was made to move it down the agenda for public input but at the public hearing no one testified. The amendment was defeated and the main motion was rA KENAI CITY COUNCII, -• REGULAR ALERTING PAG1: 14 MARCH 17, 1976 - 8: 00 P.M. (Item H-7, continued) defeated. Ordinance 76-9 passed, 76-10 was defeated. 76-11 and 76-12 were passed unanimously. Ordinance 76-17 failed but reconsidered for next meeting and Ordinance 76-18 failed. Resolutions 76-7, 76-10, 76-Il and 76-12 all passed. The Borough Mayor gave a report on future funds for the Borough and at the present mill rate and sales tax (and with no further school construction) that within two years there won't be enough money to make bond payments. I. PERSONS PRESENT NOT SCHFDULFD TO RF HFARD Mr. Dave Thornton - asked to comment on the Kenai Property Owners suit against the City -- the City received 87% funding for sewer construction and then the City tried to get 100% from the citizens and after opposition the City cut 403 and was then going to assess As if it were a 6" line. The assessments now being charged are in violation of charter, Council, etc. as well as the State of Alaska laws. Mr. Thornton asked that Council please reconsider this matter because the rights of the citizens involved have been violated. 1-2: Mr. Lee Glad - Mr. Glad stated that if he had realized that the matter of Donnybrook Subdivision was going to be tabled until the Public Works Director were present, he would not have waited throughout the meeting for the item to come before the Council. Mr. Glad had been advised at City Hall that the matter was ready for presentation to the Council and was included on the agenda for consideration. 1-3: Mr. Sean O'Loughlin inquired as to the reason that Councilman Hudson moved to table the matter and Councilman Hudson advised that several questions needed to be discussed with the Public Works Director in attendance. There being no further business, Mayor Elson adjourned the meeting at 11:16 p.m. 7:'