HomeMy WebLinkAbout1976-04-21 Council Minutes171
A0ItNDA
REGULAR MEETING - NENAI CITY ('01IN1:11.
APittt, 21, 107A B: 0011M,
PVHLIC SAFETY It1111,91NO
PLEDGH OF ALIXGIANCE
A.
ROLL CALL
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AGENDA APPROVAL
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It.
PUBLIC HEARINGS
1. Ordinance No, 203-70 - Amending the (lent-rnl Fund Padget i Airport Mil) Budget 1
2, Renewal of llovernge Dispananry License - Rainbow liar
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4.
C.
PERSON$ PRESENT SCRF.DULEU TO ill? RFARD
I. Mr- Mfohnel Plunkett - Ncnsf Lfhrnry PrOjnrt, Rp: Cnrpot Soleetion
2
2. Mr. lion Tewksbury, )tarbor rommissfon
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A.
MINUTES
1. Minutes of the Regular Pleating of April 7, 1076
4
2. Minutes of the Special P+aoting of April 8, 1070
4
E,
CORRESPONDENCE
1. tips. Lordta Knackstodt
4
P.
OLD BUSINESS
I. 1073 Borough Foreclosure Parcels
5
2. Assignment of Lease by Thoman R. i Gail Ann Amith to National Bank of Alnnkn
5
3. Resolution No. 70-9 - Requesting Borough approval of Ordinance Vo. 289-70
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4.
a.
a.
7.
0.
NEW BUSINESS
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1. Rills to be paid - bills to be ratified
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2. Ordinance No. 200-70 - Adjustments to Apprepriptiono
7
3. Resolution No. 75-10 - Establishing neponitories and Authorfaad Sfamatures
7
4. Resolution No. 70-20 - Dcsignqlinq Firm to Proceed, with Master Plan 14udy for f14rr►W8 ;'
5. Cdandlr Approval - Payment to Pnat.; f�a>I�vriefs, x+ifetiall a �'6.
B
0, Kensf Community Library Project - Cost Pstimnte No. 4
9
7. Council Approval •• Tn-kin" f'ontrlbutfon/Peninsula Affern
10
B, Lease of At" Lands or Facilities - 44r, florntd tansson
10
9. Approval of 13: ertiaement for Pity }4snager Position
10
10. Policy o►: Imported Pill for Pity Awned Lease Land
10
11. Resolution No. 70-21 - Settfng Fingerprinting Fops
11
12. Lease of Airport lands or Facilities - Ronald Swnnxon d/b/a Ron's Rent -All
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13.
14. .
15.
1
H.
REPORTS
I. Acting City Manager's Report
12
2. City Attorney's Report
In i
3. Mayor's Report
14
4, City Clerk's Report
14
5. Finance Director's Repeat
14
0, Planning a Zoning Commission's deport
14,
7. Kenai Peninsula Borough Assembly's mart
14
I.
PERSONS PRy$F.NT NOT SC1411WILPO TO itP 1'PAnn
1. Air, Daniel Knaekatedt
2.
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KENAI CITY COUNCIL - REGULAR MEETING
APRIL 21, 1976 - 8: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLEDGE OF ALLEGIANCE
A . Roll Call
Present: A. L. Hudson, Walter Sweet, Richard Morgan, Dan Whelan, Edward
Ambarian, Tom Ackerly and James Elson
Absent: None
AGENDA APPROVAL
Council unanimously approved the addition of item G-12, Lease of Airport Lands or
Facilities to Ronald Swanson d/b/a Ron's Rent -All Sales and Service and the deletion
of item G-2, Ordinance No. 295-76 - Adjustments to Appropriations
B. PUBLIC HEARINGS
B-1: Ordinance No._293-76 - Amending the General Fund Budget a Airport MaO Budget
Mayor Elson read Ordinance No. 293-76, "An ordinance of the City of Kenai amending
the General Fund Budget and the Airport M&O Budget. Be it Ordained by the Council
of the City of Kenai as follows: The 1975-76 Fiscal Budget of the General Fund for
the City of Kenai be increased as follows: Revenues - Interfund Receipts (From
Airport Mao) - $5,000; Public Works Street Department - overtime, $6,000. The
1975-76 Fiscal Budget of the Airport Mao for the City of Kenai be 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."
Mayor Elson opened the hearing to the public and no one present wished to be heard,
therefore, the Mayor returned the hearing to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for adoption of
Ordinance No. 293-76 - Amending the General Fund Budget and Airport Mao Budget.
Councilman Morgan asked for a further explanation and Mr. Aber advised that
not enough monies had been budgeted for overtime in the budget for maintenance
of the airport. The monies will be coming out of the Airport Mao (equipment
rental) budget.
QUESTION:
Motion passed unanimously by roll call vote.
B-2: Renewal of Beverage Dispensary License - Rainbow Bar
Mr. Aber advised that the City had been advised the application for beverage
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KENAI CITY COUNCIL, REGULAR MI;IdTIN(l. APRIL 21, 1970 PAGE 2
dispensary license for the Rainbow filar had been approved by the ABC 13oard
and that the City had 30 days in which to protest the issuance of the Iicense.
The Borough Tax Collector's office advised Administration on April 20, 1976,
that Mr. Axson had come in and paid all delinquent taxes. The Administration
would, therefore, recommend approval of the ABC Board's action on this application.
Mayor Elson opened the hearing to the public. There being no response from the
public, the Mayor returned the matter to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, to advise the ABC
Board that the City of Kenai does not wish to protest the action of the ABC Board
on the application for Beverage Dispensary license submitted by the Rainbow Bar.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Mr. Michael Plunkett - Kenai Library Project, re: Carpet Selection
Mr. Plunkett, architect for the Kenai Library Project came before Council
to discuss a billing as submitted by Lane -Knorr -Plunkett dated February 25, 1976.
04 Also Mr. Plunkett reported that the building was coming along very well and a
final agreement on the carpet selection was just about at the point of being resolved.
With regard to the billings, additional costs were incurred when the firm took the
responsibility of issuing the advertising, plans, specifications and agenda for the
bid on the project. Also, Mr. Plunkett requested an increase in fee because
the building as awarded including alternates was in the amount of $450,000 and
the original design budget was for a project in the amount of $350,000. As a result
of the bids, the architect feels they did in fact design a $450,000 building. In
addition, Mr. Plunkett advised that there had been an additional charge for carpet
selection as it had been more involved and time consuming than anticipated.
Councilman Morgan inquired as to the opinion of the City Attorney and Miss Williams
advised that after reviewing the contract, she felt with regard to the conducting of
bidding, it was the responsibility of the architect. Mr. Plunkett replied that a
standard architectural contract would have stipulated the duties for bidding, etc.
but was deleted from the contract with the City.
Mayor Elson stated that at the time Council selected the architect for the Library
construction project, the Council had been very emphatic that the building was
to be built for a specific amount and the contractor and architect were to strictly
adhere to this specified amount.
Mr. Plunkett advised that as a result of a meeting with Administration, a reduction
of 15% of the architect's fee had been agreed upon as the City was to perform certain
duties such as going to bid, etc.
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KXNAI CITY COUNCIL, REGULAR MEETING, APRIL 21, 1976 PAGE 3
Mr. Plunkett stated that his firm wee asking for help on additional costs
incurred by his firm but that the City was not legally responsible for these additional
costs.
Councilman Ambarian inquired with regard to the bidding, was this work authorized
by the City Manager and Mr. Plunkett advised that his firm had suggested to
the former City Manager that they would handle the proceedings and this
was mutually agreed upon for the architectural firm to proceed.
Councilman Ambarian also asked why Mr. Plunkett's firm billed the City for
costs incurred over and above the contract for carpet selection and Mr. Plunkett
advised that considerable extra time was spent as all previous carpet selections
had not been acceptable by the Library board.
Mayor Elson reiterated his statement in that all additional charges were to be
authorized by the City Manager.
MOTION:
Councilman Ambarian moved for approval of payment to Lane -Knorr -Plunkett
for the extra costs incurred for bidding of the library prof ect . Motion died
for lack of second.
Councilman Hudson asked for a recommendation from Acting City Manager Phillip
Aber and Mr. Aber advised that the Library Board had been given approval to
travel to Anchorage and aid in the selection of the carpeting and had expended
considerable time and effort in this regard,
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, that an additional
$1,500 be paid to Lane -Knorr -Plunkett which would cover all various work on
bidding, carpet selection, and additional costs incurred by the architect, as
submitted to date.
Councilman Ambarian stated that in his opinion the Administration had authorized
the architect assume certain additional duties and Should be reimbursed for the
extra costs incurred.
QUESTION:
Motion failed by roll call vote. Voting no; Hudson, Morgan, Whelan, and Ackerly.
Voting yes; Sweet, Ambarian and Elson.
C-2: Mr. Don Tewksbury - Harbor Commission
Mr. Don Tewksbury, Chairman of the Haber Commission, advised the Council
that the Harbor Commission had been meeting on a regular basis to conduct an
in-depth study of the feasibility of a harbor located in the river. After contacting
the Corps of Engineers and reviewing a recent study, it was concluded that it would
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KENAI CITY COUNCIL, REGULAR MEETINQ, APRIL 21, 1976 PAGB 4
be highly infeasible to construct a medium size harbor in the river but could have
a small boat harbor. The Harbor Commission has also been advised that the Mate
has $650,000 available for construction of harbors and the passage of 111) 582 would
enable the City to receive up to $500, 000. Receipts of these monies would require
a feasibility study from the City, a public hearing and a resolution from the Council
declaring the need for a small boat harbor. The Commission met with Mr. Lon
McLean of Pacific Alaska LNG and Mr. McLean advised that his company was going
to build a dock south of Collier which would cost approximately $2 million to
construct. Mr. McLean inquired if the City would be interested in taking over
this dock at the termination of need by Pacific LNG -- Mr. McLean will be meeting
with City Administration on this matter.
Councilman Morgan asked if the $050,000 and the $600,000 could both be used
for either a medium or small boat harbor and was advised that the $850, 000 would
be for a medium draft harbor but indications have been that perhaps adjustments
could be made with this requirement. The $500,000 is for a small boat harbor only.
Mayor Elson advised that he had talked with Mr. Don Statter, Director of
the Division of Water and Harbors for the State and Mr. Statter will be in Kenai
in May to meet with Administration and the Harbor Commission to go over these
various matters. Mayor Elson also advised that he had talked with Len McLean
and Mr. McLean indicated that Pacific LNG would require exclusive use of the
harbor during their construction and if the City were to assume responsibility
after use by Pacific LNG, the City could be included in the designing, ate.
D. MINUTES
1 ,
D-1: Minutes of the Regular Meeting of April 7, 1976
The minutes of the regular meeting of April 7, 1976, were unanimously approved
as distributed.
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D-2: Minutes of the Special Meeting of April 8, 1076
Mayor Elson requested the minutes be corrected to reflect that he stated ........
and to appoint an Acting City Manager if necessary." There being no further
corrections, the minutes were approved as corrected.
E. CORRESPONDENCE
E-I: Mrs. Loretta Knackstedt - Gravel
Mayor Elson read a letter from Mrs. Loretta Knackstedt in which Mrs. Knackstedt
requested the City gravel Barabara Drive as the condition of the road was rapidly
deteriorating and the City had done very little in the way of maintenance of this
road. Councilman Whelan asked if the City had any gravel and Mr. Aber advised
that it did not have any gravel at the present time. Mr Aber further stated that he
would be discussing this matter in conjunction with item G-I0, in which he hopes
to set up a procedure whereby the City will swap sand for gravel .
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KKNAI CITY COUNCIL„ REGULAR III ETINO, APRIL 21, 1976 PACE 5
A F . OLD BUSINESS
F-1: 1973 Borough Foreclosure Parcels
Mr. Aber explained the coding on the map showing the various parcels as listed
for foreclosure and advised that the Planning Commission recommended that the
City retain 04, Lot 1, Block 10, Original Kenai Townsite.
MOTION:
Councilman Morgan moved, seconded by Councilman Hudson, that the City of
Kenai retain item ii4, Original Townsite of Kenai, I.ot 1, Block 10, Tax Parcel
#047-082-0100.
Motion passed unanimously by roll call vote.
City Attorney Janis Williams advised that a resolution would have to prepared
and acted upon at the next regular meeting of the Council.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, that as the City
has no immediate public use for them, the remaining parcels are not to be set aside
and the Council hereby authorizes the City Manager to deed to the record owners
any parcels upon which the taxes have been paid in full with interest, penalties,
® costs and attorney's fees, or will have been paid, prior to sale to the public by the
�3 City.
Motion passed unanimously by roil call vote. '
F-2., Assignment of Lease by Thomas R . a Gail Ann Smith to National Bank of Alaska
a
Mrs. Deborah Daisy explained to the Council that Lot 6, Block 5, Small Aircraft
Apron is the piece of proerty on which Ron's Rent -All is located. There are out- i
standing sewer assessments owing from 1974 and though notices were sent to
lease holders, Mr. Smith states he did not receive the notice. In reviewing the
matter, it was determined that the proper address had not been used in sending
Mr. Smith's notices out and Mr. Smith has stated he will pay the assessments now
owl g but requests a waiver of penalties and interest owing. Mrs. Dat" stated
it was the City's recommendation to waive the penalty and interest and grant the
assignment of Base.
Councilman Whelan inquired ae to the City Attorney's feelings on the matter and
Miss Williams advised that the penalty and interest could be waived in that even
though he did not receive notice of assessments owing, the City also did not record
the deed and therefore the City is at some fault.
MOTION:
Councilman Morgan moved, seconded by Councilmmn Whelan, that all penalties
and interest owing on the sewer assessment for Lot 6, Block 5, Small Aircraft
Apron, to date, be waived.
Motion passed unanimously by roll call vote.
KENAI CITY COUNCIL„ REGULAR MEETING, APRIL 21, 1976 PACE 6
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for the approval
of assignment of lease by Thomas R . and (Intl Ann Smith to National Dank of Alaska
contingent upon payment of sewer assessments owing on Lot 6, Block 5, Small
Aircraft Apron.
Motion passed unanimously by roll call vote.
F-3: Resolution No. 76-9 - Reguestinc Borough Approval of Ordinance No. 289-76
Mayor Elson read Resolution No. 76-9 - "A resolution requesting that the assembly
of the Kenai Peninsula Borough pass an ordinance approving Ordinance 289-76
of the City of Kenai. Whereas, the Council of the City of Kenai passed Ordinance
289-76 a copy of which is attached hereton, at their meeting of March 3, 1976, and
Whereas, AS 29.48.037 states that before the power asserted in Ordinance 289-76
may be exercised by the City of Kenai, within the boundaries of the Kenai
Peninsula Borough, the approval of the Kenai Peninsula Borough Assembly must
be given by ordinance. Now, therefore, be it resolved by the Council of the City
of Kenai, Alaska, that the Assembly of the Kenai Peninsula Borough is hereby
requested to pass an ordinance approving Ordinance No. 289-76 of the City of
Kenai, Alaska.►►
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of
Resolution No. 7" - Requesting Borough approval of Ordinance No. 289-76.
Motion passed unanimously by roll call vote.
O. NEW BUSINESS
0-1: Bills to be paid - bills to be ratified
Mr. Aber advised that all bills were budgeted items with the exception of the
Dunamis Electric billing in the amount of $602.25 for repair to the airport
runway lights and the Brad Ragan, Inc. statement in the amount of $3,745.60
was a bid item.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for approval of
bills to be paid with the exception of the Dunamis Electric billing in the amount
of $602.25.
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KENAI CITY COUNCIL, RHOULAR MEETING, AP1111, 21, 1976
1'AOE 7
41 Councilman Morgan stated that the auditors had advised that all unfunded items
must be accompanied by a resolution appropriating funds so that the line item
will not be over expended.
Councilman Hudson inquired as to the procedure that could be followed so
that payment could be made to Dunamis Electric and Finance Director, Moss Kinney,
advised that the Finance Department would have to come in with a resolution at the
next regular meeting of the Council.
AMENDMENT TO MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, to amond the
motion to include approval of all items to be ratified.
Council unanimously approved the amendment to the motion.
QUESTION:
Motion passed unanimously by roll call vote.
MOTION:
Councilman Hudson moved, seconded by Councilman Morgan, for approval of
payment to Dunamis Electric and this item to be included in the resolution to be
prepared by Finance appropriating funds so that certain line items will not be
over expended.
Motion passed by roll call vote. Voting yes; Hudson, Sweet, Morgan, Whelan,
Ambarian, Ackerly, Voting no; Elson.
G-2: Delete
0-3: Resolution No. 76-19 - Establishing Depositories and Authorized Signatures
Mayor F,lson read Resolution No. 78-10, "a resolution establishing depositories
for municipal funds and establishing the authorized signatures for depositories
or withdrawing of funds from said depositories, Whereas, it is desirable to add the
names of the Acting City Manager and Finance Director to the authorized signatures
and delete the name of Roland D. Lynn, former City Manager, and Susan Cartwright,
Acting Finance Director. Now, therefore, be it resolved that the Alaska State Rank,
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 signators on
the various accounts of the City, and one of which must be the Acting City Manager's
or the Finance Direetor'a. Phillip Aber - Acting City Manager; Ross A. Kinney,
Finance Director; Lillian Hakkinen - Accountant, the Standard Bank Corporate
Resolution be authorized (and is hereby made a part of this resolution) ."
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of
Resolution No. 76-10, Establishing Depositories and Authorized Signatures.
Motion passed unanimously by roll call vote.
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KKNAI CITY COUNCIL, REGULAR MITI?TING, APRII, 21, 1976 PAGE, g
0-4: Resolution No. 76-20 - Designating Firm to Proceed with Master Plan Study for Airport
Mayor Rlson road Resolution No. 76-20 - "a resolution of the Council of the City
of Kenai designating the joint venture firm of McClure/Nixon/Farr, Richardson
Associates, and Tape, Inc. a the engineering -planning firm to prepare the final
design seopo for the proapplieation submittal on a master planning study for the
City of Kenao. Whereas, the City of Kenai is in need of a Master Planning Study
for the Kenai Municipal Airport; and Whereas, the United States Government has a
bill in Joint Committee to budget ADAP planning monies to airports; and Whereas,
a Final Design Scope is needed for inclusion in a proapplieation to the Federal
Aviation Administration for approval to obtain funding for this City's Master Planning
Study; and Whereas, a City Selection Committee has chosen the above stated firm,
with a joint concurrence on this action, to perform the pre -planning effort, and
Whereas, the cost of this Final Design Scope shall not exceed $7, 000. 00 and
Now, therefore, be it resolved that: the joint venture firm of McClure/Nixon/Farr
shall be officially retained to complete the Final Design Scope for the Airport
Master Planning Study for the Kenai Municipal Airport and that this effort shall
not
be started at City expense until final passage of ADAP legislation by both the
Senate and House of the United States of America or until approval in writing by
the Council of the City of Kenai."
Mrs. Daisy advised the Council that this resolution was prepared for Council
approval for basically the design study which must be submitted to the Federal
Aviation Administration for approval for funding.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for approval of
Resolution No. 76-20, Designating Firm to Proceed with Master Plan Study for
Airport with the following amendment in wording in paragraph 4..... "to obtain
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funding for this City's Airport Master Planning Study....."
Motion passed unanimously by roll call vote.
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G-S: Council Approval - Payment to Peat -Marwick -Mitchell a Co.
Mr. Aber advised that this bill was submitted by Peat -Marwick -Mitchell
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for their representation at a meeting regarding the proposed industrial water
line.
Councilman Morgan inquired as to where the monies would came from out of the
budget for vaymnrt of this bill and was advised by Mr. Aber that it could come out
of the 1974 Band Issue as it is spelled out for the industrial line.
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Councilman Whelan asked if this billing had the previous City Manager's
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authorization and was advised by Mr. Aber that they had come at the City Manager's
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request.
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KENAI CITY COUNCIL, REGULAR MEETING, APRIL 21, 1976 PAGE 9
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Councilman Morgan stated he folt that this was the kind of situation that gets
the City in trouble financially -- council is not aware of what is going on.
Councilman Whelan inquired if the Council had been advised of this meeting and
Mayor Elson stated that the City Manager had advised him of the matter and the
nature of the meeting.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan ► that the payment
to Peat, Marwick, Mitchell a Co. be tabled until Administration comes back with
a resolution properly appropriating funds for payment of this bill.
Motion passed by roll call vote. Voting yes; Sweet, Morgan, Whelan, Ambarian
and Elson. Voting no; Hudson and Ackerly.
G-6: Kenai Community Library Project - Cost Estimate No. 4
Mr. Aber advised that Cost Estimate No. 4 had been submitted by the contractor
and after review by Mr. Hackney, Administration recommends payment in the
amount of $71,304.10 to Coastal -Gamble.
Councilman Ambartan inquired if Finance had sent the previous cost estimates
on to the State for reimbursement and was advised by Mayor Elson that he had
called the State and asked the status on the reimbursement and was advised that
City should be receiving monies from the state within three weeks.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for approval of
Cost Estimate No.4 for the Kenai Community Library construction project
to Coastal -Gamble in the amount of $71,304.10.
Motion passed unanimously by roll call vote.
0-7: Council Approval - In -kind Contribution/Peninsula Oilers
Mr. Aber advised that the Peninsula Oilers had submitted a schedule of
work effort on the 30 acres which to to be applied against their in -kind obligation
of $000 per year. The Oiler's requested that their excess effort be applied against
future years obligations.
Councilman Ambarian stated he would like to see a development plan submitted
so that the City would know exactly what work was being done, what type of
access to Little Leagues fields, etc. Councilman Ambarian further stated he would
like to see what will be done with the timber cleared off the 30 acres. Mr.
Swearingen, Manager of the Oilers, advised that it was not the intent of the Oilers
to sell the timber.
MOTION:
Councilman Morgan moved, seconded by Councilman Ackerly, for approval of the
Work Effort on the 30 acres as submitted in their letter to the City dated April 1,
1076.
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KENAI CITY COUNCIL, REGULAR MEETING, APRIL 21, 1976
PAGE 10
Motion passed by roll call vote. Voting yes; Hudson, Sweet, Morgan, Whelan,
Ackerly and Elson. Voting no; Ambarlan.
Councilman Morgan stated that he would Iike to see the City make every effort
to get this project included in conjunction with the Bureau of Outdoor Recreation
grant.
Council directed Administration to present the development plan for the Oilers
work effort on the 30 acres of land at the next regular meeting of the Council.
0-8: Lease of Airport Lands or Facilities - Mr. Gerald Wasson
Mrs. Daisy explained to the Council that the parcel of land (Lot 2, Block 2,
General Aviation Apron) is adjacent to Kenai Air Service and will be used as
a hangar facility. Development will be started and perhaps finished within the
next two years.
MOTION:
Councilman Morgan moved, seconded by Councilman Hudson, for approval of
lease of airport lands to Mr. Gerald Wasson.
Motion passed unanimously by roll call vote.
Q 0-9: APProval of Advertisement for City Manager Position
The Council had no objection to running the ad for the position of City Manager
as proposed and Mayor Elson instructed the Clerk to proceed with the matter.
G-10: Policy on Imported Fill for City Owned Lease Lands
Mr. Aber advised that from time to time there has been a need for fill on airport
leased land and in talking with several contractors and gravel pit operators, it
has become apparent that the City has the only sand that is not manufactured.
Mr. Aber proposed to the Council that a policy be established wherein the sand
could be sold to contractors or lessees of airport lands or traded for gravel.
Mr. Aber stressed that the City should not enter into competitive sales of land fill
but as the City to in desperate need of gravel, it would behoove the City to make
some type of arrangement to obtain gravel. Mr. Aber also advised that another
question that would arise from time to time with regard to the airport lands that
need fill, would the City be responsible to improve the lots or would the City wish
to follow a policy to lease the lot as is????
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, that the City of Kenai
lease City owned lands as is and make no improvements to the lots.
41 Motion passed unanimously.
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KENAI CITY COUNCIL, REGULAR MEETING, APRIL 21, 1976
MOTION:
Councilman Ambarian moved that the City not enter into the sand business.
Motion died for lack of second.
PAGE? 11
Mr. Aber stated he would like to pursue a sand for gravel type swap. Mayor Elson
suggested that the Council hold off making a decision with regard to policy until
Administration has obtained proposals from contractors and gravel pit operators.
G-11: Resolution No. 76-21 - SettinE Fintterprintina Fees
Mayor Elson read Resolution No. 76-21, "a resolution setting fees for voluntary
fingerprinting of individuals, Whereas, the Kenai Police Department to receiving
an increasing number of requests by individuals for fingerprinting; and
Whereas, the City of Kenai is incurring expenses in performing the services to
the individuals. Now, therefore, be it resolved that: Section 1. A fee of $4.00
shall be charged for each voluntary fingerprinting of an individual. Section 2.
Voluntary fingerprinting of individuals shall be done at such time or times as may
be set by the Kenai Police Department."
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of
Resolution No. 76-21, Setting Fingerprinting Fees with an amendment in which the
word "voluntary" be changed to "elective" in each case in which it appears in the
resolution.
Motion passed unanimously by roll call vote.
0-12: Lease of Airport Lands or Facilities - Ronald Swanson d/b/a Ron's Rent -All
Mrs. Daisy advised Council that this lease for Lot 7, Block 5, General Aviation
Apron, was the area adjacent to Mr. Swanson's present facility. It is his intent
to use this property for storage and display.
Mrs. Ruby Coyle stated that at the initiation of the Industrial Air Park, a condition
was stipulated that any objectionable area be enclosed by a site obscuring fence.
MOTION:
Councilman Hudson moved that the lease of airport lands or facilities to Ronald
Swanson d/b/a Ron's Rent -All be tabled until further research is made into the
matter regarding the requirement of a site obscuring fence.
Mr. Arthur Evans, Planning Commission member, advised the Council that it was
Mr. Swanson's intent when making application for the lot that he would like the
area open to the view of the public for display as he to in the equipment rental
business.
Councilman Hudson withdr my his motion.
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KENAI CITY COUNCIL, REGULAR MEETING, APRIL 21, 1976
PAGE 12
Councilman Ambarian advised that the Planning Commission had suggested that
Mr. Swanson could have a secondary site obscuring fence to hide the maintenance
and storage area.
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, for approval of
the lease of airport lands or facilities to Ronald Swanson d/b/a Ron's Rent -All
on the condition that all maintenance and storage areas be enclosed by a site
obscuring fence but all display equipment can be in the public view.
Motion passed unanimously by roll call vote.
H. REPORTS
H-1: City Manager's Report
(a) Acting City Manager, Phillip Aber, advised the Council that the City Attorney and
Airport Liaison traveled to Anchorage to talk with the Wien people with regard to
the back payment of $10,000 owing for the lease of terminal space. The Wien
representatives have agreed to pay all back lease payments and would like to
have Council approval to terminate their lease in addition to an agreed cash settlement.
Wien Airlines will not be returning to Kenai to provide air service.
Council directed Administration to proceed with negotiations with Wien and return to
Council with the final proposal.
(b) At some time in past, local realtors were contacted with regard to handling the
selling and leasing of City owned lands. The realtors have contacted City Hall
inquiring as to the status. Council directed Administration to advise the realtors
that the City will be handling the leasing and selling of the lands at this time.
(e) Janitorial Contract - the current contractor is leaving the State and his employees
would like to continue to the termination of the contract. The City will then go to
bid for the services. Council concurred.
(d) City Sewer Treatment Plant - the EPA has determined that the City is in non-compliance
in several areas. It has become necessary that a study be conducted and Mr. Aber
requested Council approval for the firm of CH2M Hill, who to in the process of
making a similar study for the City of Soldotna, to be retained to make this study.
The EPA has given us 60 days to respond and if we should proceed with the study
the EPA will consider the 60 day requirement satisfied in that we would be taking
corrective action.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, that the Council
budget $500 in the 1976-77 budget for a study on the Sewer Treatment Plant and
selection of CH2M Hill to make the study.
After further discussion, Councilman Ambarian, with consent of second withdrew
his motion.
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7
KP.NAI CITY COUNCIL, REGULAR MEETING. APRIL 21, 1976 PAOR 13
Council directed Mr. Aber to proceed with negotiations with CH2M Hill and return
to Council with a proposal for the Sewer Treatment Plant Study.
(e) EDA Water Well Project - Mr. Aber asked Council for authorization to request
the USOS to come down and toot our well which would give us more information
on our aquifer. Mr. Aber stated he would like to write USOS requesting their
help -- they in turn will send back a firm contract spelling out exactly what
they will do. Council authorized Mr. Aber to proceed.
MAYOR AND COUNCILMEN: COMMENTS AND DISCUSSION
Councilman Morgan inquired with regard to the library project in that he had been
advised that there had been negotiations between the City Manager and the architect
concerning some adjustments to responsibility of certain items in the project -- was
this correct? Mr. Aber advised that there were some changes that were not outlined
in the contract.
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, for reconsideration
of payment to architect regarding the Kenai Library Project.
Motion unanimously approved.
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, to table the matter
of payment to architect - Kenai Community Library Project.
Motion passed unanimously.
Councils: n Hudson requested that Administration come up with a recommendation
of payment to the architect to be presented at the next regular meeting of the
Council.
H-2: City Attorney's Report
With regard to the matter of Oaken Keg 054, City Attorney, Janis Williams,
advised the Council that the City must indicate action to be taken to the ABC Board.
MOTION:
Councilman Hudson moved, seconded by Councilman Sweet, that the City of Kenai
withdraw its protest of re -issuance of license to Oaken Keg #54.
Motion failed by roll call vote. Voting no; Sweet, Morgan, Whelan, Ambarian,
Ackerly and Elson. Voting yes; Hudson.
City Attorney Williams stated she would write a letter to the ABC Board of a
statement of issues on the case.
I
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KENAI CITY COUNCIL, REGULAR ME:ETINC, APRII. 21, 1976
PAGE 14
(b) PEP Suit - the City now has all the facts lined out. City Attorney Williams
advised that the bond company is being pressed into the suit and the City will
determine if we negotiate some type of settlement with the bonding company.
City Attorney Williams requested a session on this suit, the property owners
suit and any other litigation pending.
Council unanimously agreed to meet at 7: 00 p.m. prior to the next regular
Council meeting, to discuss these matters.
11-3: Mayor's Report
Mayor Elson reported that with regard to revenue sharing, the Legislature
is going with the present program funding at 100%.
Mayor Elson also advised the Council that the auditor would be coming to
the City offices on Thursday.
H-4: eity Clerk's Report
None
H-5: Finance Director's Report
r Mr. Ross Kinney, Finance Director, reported that the preliminary budget would
be ready on Wednesday, April 28th. Council directed Administration to set a
work session for that evening at 7:30 p.m. in the Public Safety Building.
(b) Council on Aging - Susan Cartwright advised Council that the City's share
would be $14,160 and this must be turned in by tomorrow in order to get the
City's name on the list. Final determination will be made two weeks later.
MOTION:
Councilman Hudson moved, seconded by Councilman Sweet, that the City's share
of program cost for the Council on Aging will be $14,160.
Motion passed by roll call vote. Voting yes; Hudson, Sweet, Morgan, Whelan,
Ackerly and Elson. Voting no; Ambarian.
H-6: Planning o Zoning Commission Report
ICouncilman Ambarian reported that the commission reviewed the preliminary plat
for Deepwood Park Subdivision and application for lease of Lot 2, Block 4,
General Aviation Apron: Gerald Wasson.
H-7: Kenai Peninsula Borough Assembly's Repc.rt
Councilman Hudson reported that among the business conducted of particular interest to
Kenai was the passage of Ordinance 76-15; Ord. 76-28, passed for introduction
and Ordinance 76-20 which was tabled until next meeting. Also passed at the
meeting were Resolutions 76-17, 76-19, 76-20, 76-21 and reconsideration failed
KENAI CITY COUNCIL, REGULAR MEETING, APRIL 21, 1976 PAGE 15
on Notice to Reconsider or Rescind (Mrs. Oldow) appeal of action on Rivervista S/D 01.
With regard to the proposed Sales Tax Ordinance, a committee has been appointed
for further Investigation.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
I-1: Mr. Daniel Knackstedt
Mr. Knaekstedt asked the Council what would be done regarding maintenance
of Barabara Drive and was advised by Councilman Ambarian that there were no
monies available to purchase gravel for street maintenance but would be considered
for funding during the up -coming budget work sessions.
There being no further business, Mayor Elson adjourned the meeting at 11: 45 p.m.
Respectfully submitted,
(Y 094'eill
Kert. Peter, City Clerk