HomeMy WebLinkAbout1976-04-07 Council Minutes10
AGENDA
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J
REGULAR 11METING - KENAI CITY COUNCIL
1,
APRIL 7. 1976 - 8:00 P.M.
PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
Page
A.
ROLL CALL
1
AGENDA APPROVAL
1
B.
PUBLIC HEARINGS
1. Ordinance 291-76 - Amending 1975-79 General Fund a Debt Service Fund
1 j
2. Ordinance 292-76 - Increasing 1975-76 Fiscal Budget
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S.
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4.
5.
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1. Barney Canson
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2. Mrs. Flo walker
2
D.
MINUTES
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1. Minutes of the Regular Meeting of March 17, 1078
2
2. Minutes of the Board of Adjustment of March 17, 1976
2
E.
CORRESPONDENCE
1.
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2
F.
OLD BUSINESS
1. Peat, Marwick. Mitchell a Co. Proposei
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2. Council consideration - Donnybrook S/D
3
S. Grounds for Protest of Beverage Dispensary License - Oaken New #54
4
4.
5.
0.
NEW BUSINESS
1. Bills to be paid - bills to be ratified
5
2. 1973 Borough Foreclosure Parcels - Jm Williams, City Attorney
8
3. Resolution No. 78-18: Kaohemak Bay Oil Leases
8 I
4. Contract for Animal Control Services
I
5. Ordinance No. 294-76, repealing ehapb+r 3. Article I of the Kenai City Cede 7
and enacting a new Chapter 3. Article l: Dog Control
S., Ordinance No. 293-76. amending general fund budget and Airport O&M budget 7
T. Resolution No. 78-17, transfer of funds from Finance nept. Salaries to
8
Finance Department Overtime and Professional Services
8
8. Resolution No. 78-18, transfer of funds from Library utility to Library
8
Repair and Malntenenee
1
I
H.
REPORTS
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1. City Manager's Report
8
2. City Attorney's Report
8
3. Mayor's Report
9
4. City Clerk's Report
9
5. Finance Director's Report
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S. Planning a Zoning Commission's Report
9 i
7. Kenai Peninsula Borough Assembly's Report
9
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1.
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2.
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KENAI CITY COUNCIL - REGULAR MEI.TI"n
APRIL 7. 1976 - 8: 00 P.M.
PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Thomas Aekerly► A. L. Hudson, Walter Sweet, flan Whelan, Edward
Ambarian and James Elson.
Absent: Richard Morgan
AGENDA APPROVAL
At the request of Administration, Council unanimously agreed to delete
Item G-4, Contract for Animal Control Services.
There being no further additions or deletions, the agenda was so approved.
B. PUBLIC HEARINGS
B-1: Ordinance 291-76 - Amendingr 1075-76 General Fund & Debt Service Fund
Mr. Lynn explained that this ordinance amended the 1975-76 General Fund and Debt
Service budgets for the purpose of showing the annual lease -purchase payment for
the dock in the Debt Service Fund rather than the General Fund.
Mayor Elson opened the hearing to the public. There being no public comment the
hearing was returned to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of
Ordinance 291-76, amending the 1975-78 General Fund and Debt Service Fund Budget.
Motion passed unanimously by roll call vote.
B-2: Ordinance 292-76 - Increasing the 1975-76 Fiscal Budget
Mr. Lynn advised that this transaction facilitated a salary increase to water and
sewer personnel. An overall salary increase had been given to all employees of
the City and the ordinance enabled proper accounting procedures to be undertaken
to allow the same increase to be given to the water/sewer employees.
Mayor Elson read Ordinance No. 292-70, "An Ordinance of the City of Kenai, Alaska,
Amending Ordinance No. 273-75 passed and adopted 3#,pLember 3, 1975. He it
ordained by the Council of the City of Kenai, Alaska, as follows: The 1075-78
Fiscal Budget of the City of Kenai, Alaska, be amended to reflect the following
increases: Water and Sewer Revenue Fund, Interfund Receipts - $7, 071; General
a
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KENAI CITY COUNCIL, REGULAR MEETING, APRIL 7, 1976 PAGE 2
0� (B-2 - continued)
Fund, Non -Departmental, Interfund Transfers - $7,971.11 Mayor Elson opened the
hearing to the public. There being no comment from the public, the Mayor returned
the hearing to the Council table.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Sweet, for adoption of
Ordinance No. 292-76, amending Ordinance No. 273-75 and amending the 1975-76
Fiscal Budget to reflect increases as outlined in Ordinance 292-76.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Mr. Barney Canson y .
Mr. Canson was not present and therefore the Council continued on to the next
item of business on the agenda.
C-2: Mrs. Florence Walker
Mrs. Walker presented the Council with a petition signed by residents and citizens
of Kenai petitioning the City Council for a Differential Tax Zone as spelled out in
AS 29.53.405. Mrs. Walker explained these citizens feel they are unjustly taxed -
in excess of services rendered by the City and asked that their petition be considered
before passage of the upcoming 1976-77 Fiscal Budget.
Mayor Elson, with concurrence from Council, directed the Administration to include
the petition in the work papers for the Council for the upcoming Budget Work Sessions.
D . MINUTES
D-1: Minutes of the Regular Meeting of March 17, 1976
Councilman Ambarian advised that on page 6, regarding the vote on the acceptance
of the lease between the Peninsula Oilers and the City of Kenai, the motion for
acceptance should reflect that Councilman Ambarian voted no on the question.
There being no further corrections, the Minutes were approved as corrected.
D-2: Minutes of the Board of Adjustment of March 17, 1976
There being no additions or corrections, the minutes were approved as distributed.
E. CORRESPONDENCE
None
KENAI CITY COUNCIL, REGULAR MFFTING, APRIL 7, 1976 PAGE 3 I
® F. OLD BUSINESS
F-1: Peat, Marwick, Mitchell & Co. proposal
Mr. Lynn advised that Administration had been instructed by Council at the last
regular meeting to make further inquiries into the cost factor of the proposal from
Peat -Marwick and also into the requirements as set forth by the City concerning
legal requirements for the employment of auditors. City Attorney, Janis Williams,
responded with a memorandum directed to the Council stating "the Code of the City
of Kenai contains the following exemption from general competitive bidding requirements:
The following may be purchased without giving an opportunity for competitive
bidding. . .. 5. Contractural services of a professional nature, such as engineering,
architectural, and medical services. (Section 7-37)."
4
Mr. Lynn advised that he had contacted Peat-Alarwick and asked that they re-evaluate
their proposal in that as they had provided the auditing services last year, perhaps
a reduction in cost could be initiated, etc. Mr. Vern Johnson of Peat, Marwick d .
reported to Mr. Lynn that with inflation, increaased costs, etc. , that their estimate
of $17,000 for the June 30, 1976, examination would still hold. Therefore, Administration t —
recommended acceptance of Peat, Marwick, "Itchell & Co. proposal in the amount of
$17,000.
MOTION:
p Councilman Ambarian moved, seconded by Councilman Hudson, for acceptance of the
7 proposal as presented by Peat, Marwick, Mitchell & Co. in the amount of $17,000 ! _
for the examination of the accounts of the City of Kenai for the year ending June 30,
1976.
Motion passed unanimously by roll call vote.
F-2: Council Consideration - Donnybrook Subdivision
Mr. Lynn reported that this matter had been tabled at the last meeting of the Council
pending the attendance of the Public Works Director to offer his opinion on the matter.
Mr. Phillip Aber, Public Works Director, advised the Council that the developers of
Donnybrook S/D are proposing that the cost for installing two deep sewer manholes
and two water risers at the points noted on their plan be reimbursed to the developer
by the City in the form of a credit against the water and sewer permit fees. The
reason for this request was because 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 somewhat infeasible from a physical and financial standpoint
to make use of the existing service. The Subdivision intends to have twenty homes
started in this subdivision during the upcoming building seasons but cannot proceed
because of the pending exorbitant costs of the tie-ins to the mains.
Mr. Aber advised that the estimated cost for the manholes would be $4,000 each and
connection fees would run $16, 000.
KENAI CITY COUNCIL? REGULAR MEETING, APRIL 7, 1976 PAGE. 4
Councilman Ambartan stated that he objected to five manholes and asked if there were
any other altnernatives . Mr. Aber stated that any other alternatives would be quite
difficul! -- the installation of two additional manholes would not be detrimental.
Mr. Aber further stated that the ordinance does discourage double frontage lots
and, therefore, the City would probably not have much choice and would adhere to
the ordinance. Also, at one time the Planning Commission did prefer the cul-de-sac
type of plan. Mayor Elson did advise that the original cul-de-sac concept was
for the developmer+ of 2-1/2 acre lots -- the concept originated with the ASHA report
In that they realized that in putting 2-1/2 acres back-to-back it required less
water/sewer lines, streets, more att 4ative residential area and would also be 1paa
costly. Mayor Elson asked Mr. Aber's opinion on the proposal from Donnybrook S/D .
Mr. Aber advised that with the wording in the ordinance, it appeared that the City
would have to hold to the plan (with regard to double frontage) and further stated
that the proposal would be feasible if the Council set forth a credit limitation, cost
factors determined prior to construction, etc.
MOTION:
Councilman Hudson moved, seconded by Councilman Whelan, for approval of the
proposal of Donnybrook Subdivision with the details for the financial transaction
to be worked out between the Public Works Director, City Attorney and representatives
of Donnybrook Subdivision.
0i Motion passed by roll call vote. Voting yes; Ackerly, Hudson, Whelan and Elson.
Voting no; Sweet and Ambarian .
F-3: Grounds for Protest of Beverage Dispensary License - Oaken Keg #54
Mr. Lynn advised that the City had received a letter from Linda E. Brown, Director
of the Alcoholic Beverage Control Board, in which she stated that should the City wish to
protest the issuance of an application to Oaken Keg #54 in which AS O4.10.270 provides
that a hearing is initiated by a statement of issues, which must come from Kenai in this
particular case, as the protestant. Therefore, the Board cannot take final action until
a hearing is provided for.
Mayor Elson explained that the Council had protested re -issuance of the license to
Oaken Keg #54 as they were only open the minimum amount of time required which did
not appear to be fair and equitable.
MOTION:
Councilman Sweet moved to table the matter until the City Attorney returned from
her business trip.
Motion died for lack of second.
Councilman Hudson stated that the City had no legal grounds to protest the issuance
A of the license as they complied with laws set forth by the City and the State. Therefore,
if the City so desired, it should proceed with ways to change the laws, etc.
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KENAI CITY COUNCIL, REGULAR MEETING, APRIL 7, 1976
PAGE. 5
MOTION
Councilman Hudson moved that the protest be dropped and a letter be directed to
the Alcholic Beverage Control Board advising of Council action with regard to the
re -issuance of a license to Oaken Keg #54.
Motion died for lack of second.
Mayor Elson asked for addition comments with regard to this matter. There being
none, with Council concurrence the Mayor moved the meeting on to the next item on
the agenda.
G . NEW BUSINESS
G-1: Bills to be paid - bills to be ratified
Mr. Lynn advised that all bills were budgeted items and Administration recommended
approval with the exception of the Lane -Knorr -Plunkett billing in the amount of $672.00
In that when the original carpets were selected, the Library Board did not approve
the Architect's selection. Representatives from the Library Board did travel to Anchorage
to make selections and felt the City should not be charged for the architect's time at
this point. After reviewing the billing, the Public Works Director and Building Inspector i
felt the billing was justified.
Councilman Whelan inquired as to exactly what services the architect had provided
for this amount of money and was advised by Mrs. DeForest that the representatives
from the Library Board had done all the "leg work". Councilman Hudson asked if any
efforts had been made to contact the architect and renegotiate the billing and was advised
by Mr. Lynn that he had not discussed it with the architect but would do so. Councilman T
Ambarian advised that in the original agreement, color scheme, etc. was to be agreed
upon by the Library Board.
Mayor Elson stated that in the contract negotiations, the architect was advised that
no expenditures out of the framework of the contract should be made without the
consent of the City Manager.
Councilman Ambarian inquired as to the charge of $554.50 to Penny Carty for professional
services and was advised by the City Manager that Mrs. Carty was employed to help out
In the Finance Department until the Finance Director had arrived.
MOTION:
Councilman Ambarian moved, for approval of the bills and the approval of the items to
be ratified with the exception of the payment to Lane -Knorr -Plunkett in the amount of
$672.00 and ratification of payment to Penny Carty in the amount of $554.60.
Motion died for lack of second.
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KENAI CITY COUNCIL, REGULAR MEETING, APRIL 7, 1976 PAGE 6
MOTION:
Councilman Sweet moved, seconded by Councilman Whelan, for the approval of the
bills to be paid with the exception of the statement from Lane -Knorr -Plunkett & Associates
in the amount of $672 and approval of those items to be ratified.
Motion passed by roll call vote. Voting yes; Ackerly, Hudson, Sweet, Whelan and Elson.
Voting no; Ambarian .
G-2: 1973 Borough Foreclosure Parcels
Mr. Lynn advised that the City Attorney requested Council action as follows:
With regard to parcel number 3, the Council should pass a motion ratifying the deeding
of the property to the record owner as this parcel was redeemed before there was
any chance for Council action on it. Also, the Council should consider the
recommendations of the Planning Commission as well as their own views and
decide if the City has any immediate public use for any of the parcels. If there
are any parcels that the Council finds there is a immediate public use, the Council
should pass a resolution so stating and giving its reasons. Those parcels not to
be set aside will require a motion declaring that the City has no immediate public
use for them.
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, that the matter of
1973 Borough Foreclosure Parcels be tabled until the next regular meeting of the
Council and that Administration provide Council with a map indicating the location
of each parcel contained on the list.
Motion passed unanimously.
G-3: Resolution No. 76-16 - Kachemak Bay Oil Leases
Mayor Elson read Resolution No. 76-16, "A resolution of the Council of the City of
Kenai opposing Governor Hammond's action to regard to Kachemak Bay Oil Leases.
Whereas, areas adjacent to the City of Kenai have been involved with oil develop-
ment for a number of years; and Whereas, because of the foregoing, the citizens
of the City of Kenai have a great deal of knowledge of the oil industry; and
Whereas, the City of Kenai has found to its years of experience that the On industry
has been a great benefit to the community. Now, therefore be it resolved, by the
Council of the City of Kenai, Alaska that: It opposes the action of Governor Hammond
in regard to Kachemak Bay Oil Leases and recommends that the existing oil leases
be honored".
Mayor Elson advised that he had talked with the Mayor of Homer and the City of
Homer felt the resolution was suitable.
KENAI CITY COUNCIL, REGULAR MEETING, APRIL 7, 1976
A MOTION:
PAGE 7
Councilman Sweet moved, seconded by Councilman Ackerly, for adoption of
Resolution No. 76-16, Kachemak Bay Oil Leases.
Motion passed by roll call vote. Voting yes; Ackerly, Sweet, Whelan, and Elson.
Voting no; Hudson and Ambarian .
G-4: Contract for Animal Control
Delete
G-5: Ordinance No. 294-76 - Repealing Chapter 3, Article 1 of the Kenai City Code
and enaetina a new Chanter 3. Article 1 - Doe Control
Mr. Lynn advised that this ordinance contained two major changes -- (1) increase
in licensing fees and (2) a year -around leash law.
Mayor Elson advised that he had talked with the City Attorney and it was their
feeling that this ordinance should be developed and prepared so that the Council
would have the ordinance to review during budget work sessions and consideration
for funding for the next fiscal year.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, that Ordinance No.
294-76, Repealing Chapter 3, Article I of the Kenai City Code and enacting a new
Chapter 3, Article 1 - Dog Control, be tabled.
Motion passed unanimously by roll call vote.
0-6: Ordinance No. 293-76 - Amending General Fund Budget and Airport MAO Budget_
Mayor Elson advised that this ordinance amended the General Fund Budget and the
Airport Mao Budget in that the 1975-76 fiscal budget of the General Fund for the
City of Kenai is increased as follows: Revenues, Interfund receipts (from Airport
M&O) - $5,000; Public Works Street Department, overtime - $5,000. The 1975-76
fiscal budget of the Airport M&O for the City of Kenai to adjusted as follows:
From: Rentals - ($5,000); To: Transfers - Labor - $5,000. The purpose of this
ordinance is to increase amounts budgeted for overtime for maintaining airport
runways, etc.
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for introduction of
Ordinance No. 293-70 - Amending the General Fund Budget and the Airport M&O Budget.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL, REOULAR MFI'.TIN0, APR11, 7, 1976
G-7:
Transfer of
PAGI? B
to
Mr. Lynn advised that with the turn -over of personnel in the Finance Department,
it was necessary for the present personnel to put in overtime plus the hiring of an
additional part-time person to keep up with the work load as well as budget
preparation.
MOTION:
Councilman Sweet moved, seconded by Councilman Whelan, for approval of Resolution
No. 78-17, Transfer of Funds from Finance Tepartment Salaries to Finance Department
Overtime and Professional Services.
Motion passed unanimously by roll call vote.
0-8: Resolution No. 78-18, Transfer of Funds from Library utility to t.tUrary Ronal,•
Mayor Flson advised that this resolution provided for the transfer of monies within
the 1075-70 General Fund Budget from: Library - utility, 0200) to: Library -
Repair and Maintenance - $200 for the purpose of setting up additional funds to be
available for janitorial service at the library .
MOTION:
Councilman Sweet moved, seconded by Councilman Hudson, for approval of Resolution
No 78-18, Transfer of Funds from Library Utility to Library Repair and Maintenance.
Motion passed unanimously by roll call vote.
H. REPORTS
H-1: City Manager's Report
(a) Mr, Lynn advised that that 1978-77 Fiscal Budget was coming along and Administration
requested that work sessions be scheduled with the council on April 14, 15, 19 and 20.
Council concurred and requested that the work sessions be held at 7:30 p.m. at
the Kenai Public Rafety Building. Mayor Elson directed the Clerk to publish notices
of these meetings.
(b) Capital Improvement Projects - behind schedule but should be completed by May lot.
(a) The new Finance Director, Ross Kinney, will be starting work on Noonday, April 12th.
(d) Two lift station pumps burned out - cost of repair will be around$3,000 which will
require a transfer of funds.
H-2., City Attorney's Report
None
_71
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KENAI CITY COUNCIL, REGULAR MEETING. APRII. 7, 1676 PAtII; 9
d 11-3: Mayor's Report
Mayor i'lson reported that with regard to the Airport Planning chant, interviews
had taken place and the field narrowed down to McClure, Nixon & Parr and
C112M Hill, Mayor L+lson further Htatod that they are both excellent firms but that
McClure, Nixon & Parr had indicated they would have the study completed in a 6 month
time frame. After discussion with members of the interviewing committee, two preferred
1 McClure, Nixon 0 Farr and two preferred C112M hill. Mayor Olson stated that the City
j would receive a good study from any one of the top choicos but in his personal opinion
McClure, Nixon & Farr offered a great deal of experience with airports comparable to
Kenai's and would supply considerable expertise in the airport study. Mayor Olson
suggested the Council give Administration some direction and designate a first choice
for the study.
MOTION:
Councilman Ambarian moved, seconded by Councilman Iludson, for acceptance
of McClure, Nixon and Farr as the firm chosen to complete the master plan for the
Kenai Municipal Airport.
Motion passed unanimously.
H-4: City Clerk's Report
City Clork, Sue Peter, advised that after discussions with potential contractors and
the Alaska Society for the Prevention of Cruelty with regard to Animal Control for
the City of Komi, they all indicated they would be hesitant to take on any program for
the City without a year-round leash law.
H-b: Finance Director's Report
Susan Cartwright, Acting Finance Director, reported that in answer to a question
from a previous Council meeting, the Kenai City Hook revenues derived are greater
than the lease payment.
H-6: Planning a Zoning Commission's Report
Councilman Ambarian reported that at the meeting of March 24th, the Commission
reviewed the Borough Foreclosure list and approved the application for lease for
Gerald Wasson and for Alaska Industrial Hardware.
11-7: Kenai Peninsula Borough Assembly's Report
Councilman Hudson advised that Borough Mayor Gilman reported on the bond sale.
Of special interest to Kenai residents, Ord, 76-17, changing the Borough sales tax
levy from 2% to 3%, was set for hearing on March 4th. Also of interest was the passage
of Resolution No. 76-13, opposing IIB 686 which provides for a solos tax exemption
of food and energy and passage of Resolution 76-14, supporting passage of SB 681
providing for the levying of a tax on liquor by municipalities.
KENAI CITY COUNCIL, REGULAR MRETINt1, APRIL 7, 1070
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I. PERSONS Pltl:81?,N`1' NOT ACHEDUL11,I) TO RP, 11FARD
PAOR 10
I-1: Mr. Loo Olad inquired with regard to the foreelosure list, if tho City dons not option
to use the Property for public uso, (loos the prior owner then have right of rodoemption?
Mr. Lynn advised that properties eon now be redeemed by the record owner at any
time Prior to their being sot aside for immediate Public use by the Borough or by tho
City.
MAYOR AND COUNCILMEN: COMMENTN AND DISCUSSION
MOTIONt
Councilman Hudson moved, seconded by Councilman Amborinn, that the Council
and thoso persons invited prior to the meeting, adjourn immediately into an Executive
Session.
Motion passod unanimously.
ADJOURNMENT
Mayor Slson brought the meeting book to order and there being no further business to
bo conducted before the Council of the City of Kenai, the meeting adjourned at Us 30 p.m.
Rospectfully submitted,
Suo . Peter, City Clerk ,