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HomeMy WebLinkAbout1976-05-05 Council MinutesA0I-.NDA REGULAR MEETING - KENAI CITY COIINCIL AIRY 5, 1976 • 8:00 P.M. PUBLIC SAFETY I111ILDING PLEDGE OF ALLEGIANCE. 1 A. ROLL CALL I AGENDA APPROVAL I B. PUBLIC HEARINGS I 1. 2. a. C. PERSONS PRESENT SCHEDULED TO 13F HEARD 1. KCHS Lettermen's Club - Mr. Larry Jackson a Mr. Dave Tresslor Delete 2. Mr./Mrs. Paul Voznr - Old Kenai Towneite Junk Area - Jnhrig Property - Delete S. 4. D. MINUTES 1. Minutes of the Regular Meeting of April 21, 1976 1 E. CORRESPONDENCE i 1. Letter of Resignation from Mr. Nola Kjelstad, Planning Commission Member 2 2. F. OLD BUSINESS 1. Peninsula Oilers Development Plan 2 2. Payment to Architect - Kenai Community Library Project 2 3. Payment to Peat, Marwick, biiteholl a Co. 3 4. 5. O. NEW BUSINESS i f 1. Bi11a to be paid - bills to be ratified S 2. Ordinance No. 295-76 - 1976-76 fiscal budget, amending Ordinance No. 204-75 3 f 3. Ordinance No. 290-76 -Adjustments to Appropriations 4 1 4, Resolution No. 76-22 - Adjusting 1976-70 Unfunded Expenditures 5 5. Ordinance No. 207-76 - 1976-77 Fiscal Budget 5 6. Resolution No. 76-23 - Tax Foreclosure Parcels - Public Reach Access 7 N 7. Payment to Contractor - Janitorial Work at Police Station 7 B. Special Use Permit - Peninsula Oilers Baseball Club. Inc. 7 � 9. Lease of Airport Lands or Facilities - Avis Rent-A-Car B 10. Lease of Airport Lands or Facilities - *ir. Gerald Wasson B 11. Renolution No. 76-24 - Repealing a Re-enacting Certain Resolutione on Intrafund 8 transfers, p 12. Ordinance No. 298-76 - Reducing Estimated Revenues a Appropriations 8 ii H. REPORTS 1. City !tanager's Report 9 �{ 2. City Attorney's Report 9 ;1 3. Mayor's Report 10 4. City Clerk's Report 10 5. Finance Director's Report 10 6. Planning a Zoning Commission's Report 10 T. Kenai Peninsula Borough Assembly's Report 10 I, PERSONS PRESENT NOT SCHEDULED TO BE HEARD I• Mrs. Ruby Coyle - Fish Tax 10 2. 3. 4. 1 fo i i I t� 1 a -.._ 0 KENAI CITY COUNCIL - REGULAR MEETING MAY 5, 1976 - 8: 00 P.M. n KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A . ROLL CALL Present: Walter Sweet, Richard Morgan, Dan Whelan, Edward Ambarian, Tom Ackerly, and James Elson, Absent: A. L . Hudson AGENDA APPROVAL The following items were deleted: C-1: KCHS Lettermen's Club C-2: Mr./Mrs. Paul Vozar - Old Kenai Townsite Junk Area The following items were approved for addition to the agenda: G-11: Resolution No. 76-24 - Repealing and Re-enacting Certain Resolutions on Intrafund Transfers G-12: Ordinance No. 208-76 - Reducing Estimated Revenues and Appropriations o INTRODUCTION OF GUESTS Mayor Elson introduced those persons present who were going to participate in Government Day sponsored by the City of Kenai. Mayor Elson also introduced Mrs. Betty Glick who has been selected Chairman of the Kenai Planning Commission. B . PUBLIC HEARINGS None C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Deleted C-2: Deleted D . MINUTES D-1: Minutes of the Regular Meeting of April 21, 1976 Councilman Morgan questioned the reference to the development plan required from the Peninsula Oilers and Councilman Ambarian stated that it was his interpretation that the request was for Administration to prepare a development plan to be used as a guide by the Oilers in fulfilling their work effort on the 30 acres of land adjacent to their fields. 2,,. KENAI CITY COUNCIL, REGULAR MEETING, MAY 5, 1976 PAGE. 2 There being no additions or corrections to the minutes, they were approved as distributed. E. CORRESPONDENCE E-1: Letter of Resignation from Mr. Nels Kjelstad, Planning Commission Member Mayor Elson read a letter received from Mr. Kjelstad in that Mr. Kjelstad submitted his resignation from membership in the Kenai Advisory Planning Commission, the Mayor's Council on Aging and the Mayor's Committee on History and Tradition. Mr. Kjelstad advised that he would be leaving the area. Mayor Elson expressed the appreciation of the City of Kenai for Mr. Kjelstad's dedication and further stated that the community has benefited greatly from Mr. Kjelstad's efforts in its behalf. F. OLD BUSINESS F-1: Peninsula Oilers Development Plan Mr. Cliff Faulkner, representing the Oilers, presented the oiler's proposed development plan showing the clearing of the area adjacent to their field in which they will prepare two little league fields, etc. Councilman Ambarian reiterated that at the last meeting of the Council, Administration • was directed to develop a plan to give to the Oilers to use as a guideline in the development of the property adjacent to the Oiler's field. Mayor Elson stated that the proper procedure would be for the City to prepare and work jointly with the Peninsula Oilers and determine exactly what work could be done in a fiscal year and then Administration proceed with preparation of a development plan which would be taken to the Planning Commission for their perusal. F-2: Payment to Architect - Kenai Community Library Project Mayor Elson reported that Council had requested Administration review the billings as submitted by the architect, Lane -Knorr -Plunkett and make a final determination as to what the City would pay. Acting City Manager, Phillip Aber, advised that after review of the billing and consideration of the billing on the carpet selection and pre -bid work, Administration recommended that a payment in the amount of $1,116.00 would be fair and equitable. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for payment in full to architectural firm, Lane -Knorr -Plunkett a Associates, in the amount of $1,116.00 as recommended by Administration. Mayor Elson advised that this motion was out of order. KENAI CITY COUNCIL, REGULAR MEETING, MAY 5, 1976 PACTS 3 A MOTION: Councilman Sweet moved, seconded by Councilman Morgan► that the matter of payment to architect, Kenai Community Project, be taken off the table and brought back to Council. Motion passed unanimously. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, that his original motion be amended from $1,500 to $1,116.00 for payment to architect as recommended by Administration. QUESTION: Motion passed by roll call vote. Voting yes; Sweet, Morgan, Whelan, Ambarian, and Elson. Voting no; Ackerly. . QUESTION - MAIN Motion passed by roll call vote. Voting yes; Sweet, Morgan, Whelan, Ambarian, and Elson. Voting no; Ackerly. F-3: Payment to Peat, Marwick, Mitchell a Co. Mr. Aber requested that this matter be referred down to agenda item 0-4. Request was granted by Council. G. NEW BUSINESS G-1: Bills to be paid - Bills to be ratified Mr. Aber advised the Council of the status of the various bills as submitted and back-up information on each. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for approval of all bills to be paid and all items to be ratified as listed. Motion passed unanimously by roll call vote. G-2: Ordinance No. 295-76 - 1975-76 Fiscal Budget, Amending Ordinance No. 264-75 Mayor Elson read Ordinance No. 295-76 - "An Ordinance of the Council of the City of Kenai, Alaska, adopting the Annual Budget for the 1975-76 Fiscal Year and Amending Ordinance No. 264-75, to correct the annual appropriations. Whereas, the Council intended by Ordinance No. 264-75 to adopt the budget set forth in that certain document attached hereto and titled "City of Kenai 1975-76 Annual Budget" , but through oversight did not do so by express language; and Whereas, the Council appropriated a figure of $1,703,510 for the fiscal year which figure was in actuality I� Fi. P , Fi. P , KENAI CITY COUNCIL, REGULAR MEETING, MAY 5, 1976 PAGE 4 the total they meant to appropriate for the general Fund; and Whereas, the total amount which the Council intended to appropriate for all funds was $2,842,445. Now therefore be it ordained by the Council that: Section 2 of Ordinance 264-75 is hereby repealed and re-enacted to read in its entirety as follows: Section 2. The City of Kenai's 1975-76 Annual Budget, attached hereto and incorporated herein by reference, is hereby adopted as the budget of the City of Kenai for the Fiscal Year beginning July 1, 1975 and ending June 30, 1976. The sum of $2,842,445 is hereby appropriated for the operations and corporate purposes and objects of the City of Kenai for the 1975-76 Fiscal Year, defray all expenses and liabilities of the City during such fiscal year." MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for introduction of Ordinance No. 295-76, 1975-76 Fiscal Budget, Amending Ordinance No. 264-75. Motion passed unanimously by roll call vote. 0-3: Ordinance No. 296-76 - Adjustments to No. 296-76 - Adjustments to Appropriations Mayor Elson read Ordinance No. 296-76, "An ordinance of the Council of the City of Kenai, Alaska, repealing and re-enacting certain ordinances relating to inter - fund transfers and adjusting the annual appropriation. Whereas. certain ordinances have been enacted during the 1975-76 fiscal year amending the annual budget, and Whereas, the annual budget had not been formally adopted until this date, and it is necessary to re-enact these certain ordinances amending the budget. Now, therefore be it ordained as follows: Section 1. The following ordinances amending _ the 1976-76 Annual Budget are hereby repealed and re-enacted as of the date hereof: Ordinances nbr. 270-75, 273-75, 277-75, 278-75, 280-75, 281-75, 285-75, 286-75, 287-76, 288-76, 291-76, 292-76, 293-76. Section 2. Resolution No. 75-35 to hereby repealed. In lieu of Resolution No. 75-35, the following transfers within the General Fund of the 1975-76 Annual Budget are hereby made as of the date hereof. FROM: Police Department - Salaries - $28, 000; Operating Supplies - $9, 300; Machinery & Equipment - $7,000. Public Works: Salaries - $18,210; Operating Supplies - $15, 000. Communications - Salaries - $18, 000. TO: Nondepartmental Contingency for Revenue Shortfall - $95, 510. Section 3. Ordinances 274-75 and 282-75 are hereby repealed. In lieu of such ordinances the following transfers between funds are hereby made as of the date hereof: General Fund - Nond�artmental - From: Contingency for Revenue Shortfall - $($10,000); To: Interfund Transfers - $10,000. Airport Operation and Maintenance Fund and Maintenance Fund - Revenues: Interfund Receipts $10, 000; Expenditures - Repairs and Maintenance - $10, 000 . Section 4. Ordinances 275-75 and 283-75 are hereby repealed. In lieu of such ordinances the following transfers between funds are hereby made so of the date hereof. General Fund - Nonde artmental - From: Contingency for Revenue Shortfall - ($11,938), To: Interfund Transfers - 11,938. Water and Sewer Fund - Revenues: Interfund receipts - $11,938, Expenditures: Repair and Maintenance Supplies - Treatment Plant - Cyelo Blower - $5,000, Water and Sewer Services - $6,938. Section 5. The annual appropriation is hereby increased by $197, 828 as reflected herein. " KENAI CITY COUNCIL, REGULAR MEETING, MAY 5, 1976 PAGE 5 MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for introduction of Ordinance No. 296-76 - Adjustments to Appropriations. Motion passed unanimously by roil call vote. G-4: Resolution No. 76-22 - Adjusting 1975-76 Unfunded Expenditures Mayor Elson read Resolution No. 76-22, "Be it resolved by the Council of the City of Kenai, Alaska, that the following transfer of money be made within the 1975-76 General Fund Budget: From: Finance - Transportation - ($250; Printing and Binding - ($250); Rentals - ($250); City Manager - Transportation - ($765) . TO: Finance - Professional Services - $750, City Manager - Professional Services $765. The purpose of this resolution is to make additional funds available in Professional Services to cover consultation charges from Peat, Marwick, Mitchell. Mayor Elson advised Council that Peat, Marwick had been authorized to come to Kenai on April 22nd to confer with new Finance Director, Ross Kinney, but the City had not yet received a statement for their services. MOTION: e� Councilman Sweet moved, seconded by Councilman Morgan, for approval of =1 Resolution No. 78-22 - Adjusting 1975-76 Unfunded Expenditures. Motion passed unanimously by roll call vote. G-5: Ordinance No. 297-76 - 1976-77 Fiscal Budget Mayor Elson read Ordinance No. 297-76, "an ordinance of the Council of the City of Kenai adopting the annual budget for fiscal year commencing July 1, 1976, and ending June 30, 1977 and setting the tax levy for said fiscal year. Whereas, it is a require- ment of the Code of the City of Kenai, Alaska, that the City Council, not less than ten days prior to the end of the fiscal year, adopt a budget for the following fiscal year and make an appropriation of the money needed therefore; and Whereas, it is a require- ment of law that the rate of levy for the property tax be set annually. Now, therefore, be it ordiaaned as follows: Section 1. A tax in the amount of 16.75 mills is hereby levied against all taxable real and personal property in the City of Kenai for the fiscal year commencing on the lot day of July, 1976, and ending on the 30th day of June, 1977. Section 2. That certain document entitled "City of Kenai 1976-77 Annual Budget" which is attached hereto and incorporated herein by reference is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 1976 and ending June 30, 1977. Section 3. The following sums of money are hereby appropriated for the operations, corporate purposes and objects of the City of Kenai for the fiscal year commencing on the lot day of July, 1976 and ending the 30th day of June, 1977, to defray all expenses and liabilities of the City during the fiscal KENAI CITY COUNCIL, REGULAR MEETING, MAY 5, 1976 PAGE 6 year to be expended consistent with and subject to the restrictions, procedures wand purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 2 hereof. - General Fund - $1,815,199; Water to Sower Fund - $249,600; Airport Terminal - $119,927; Airport O&M - $90,000; Airport Land - $49,539; Debt Service Fund - $548,535; Restricted Sales Tax- Revenue to Retire the General Fund Deficit - $300,000.,, MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for introducton of Ordinance No. 297-76 - 1976-77 Fiscal Budget. Motion passed unanimously by roll call vote. Mayor Elson stated that he would like to see a separate date proposed for the public hearing on Ordinance No. 297-76. Council so concurred and Mayor Elson directed the Clerk to locate a suitable meeting place and advertise the public hearing for Wednesday, May 26th, 8:00 p.m. RECESS - With Council approval, Mayor Elson adjourned the meeting for recess at 8:50 p.m; CALL TO ORDER - The regular meeting of the Kenai City Council was called back to order at 9: 00 p.m. • F-3: Payment to Peat Marwick Mitchell Mayor Elson reminded Council that the matter of payment to Peat, Marwick, a Mitchell had not been brought back for Council consideration. MOTION Councilman Sweet moved, seconded by Councilman Morgan, for approval of payment to Peat, Marwick a Mitchell in the amount of $765 for professional services with regard to the proposed Industrial Water Line. Motion failed by roll call vote. Voting no; Morgan, Whelan, Ambarian, Ackerly. Voting yes; Sweet and Elson. Councilman Whelan inquired from the City Attorney if the City was obligated to pay bills incurred by a City Manager without Council consent? Miss Williams advised that this matter was in the Supreme Court with regard to the Filler vs. City of Kenai Case. Councilman Whelan further commented that in his opinion this was the type of situation wherein the City met financial difficulties and some sort of control over this kind of incurring of debts should be established. 4) KENAI CITY COUNCIL, REGULAR MEETING, MAY 5, 1970 PAGE 7 - G-6: Resolution No. 76-23 - Tax Foreclosure Parcels - Public Heath Access Acting City Manager, Phillip Aber, requested this matter be tabled until the next regular meeting of the Council as the City was awaiting some figures from the Borough relating to the individual foreclosed parcels. G-7: Pa,-ment to Contractor - Janitorial Work at Police Station Mr. Aber advised Council that this matter was brought about when an agreement was made between Administration and Mr. Eugene Campbell of Alaska Guard, to have Mr. Campbell take over the contract for janitorial service at the Airport Terminal Building. Mr. Campbell had been second low bidder and in negotiations agreed to drop his monthly charge to $1,560. Mr. Aber further stated that it to the feeling of Administration that Mr. Campbell agreed to "kick in" the small amount of cleaning required at the Police side of the Public Safety Building. Mr. Campbell states he was under the impression that he would be receiving $200/month for services performed at the Public Safety Building. Mr. Aber advised Council that it is Administration's recommendation that Mr. Campbell's request for an additional $600 ($200/month for „ three months) be denied as this is not a justified statement. ' MG ZION: ' p: Councilman Ambarlan moved, seconded by Councilman Whelan, that the bill as submitted by Eugene R . Campbell, d/b/s Alaska Guard, Cleaning Division, in the amount of © $600 for three months janitorial service at the Police Department, not be paid. Motion passed unanimously by roll can vote. , G-8: Special Use Permit - Peninsula Oilers Baseball Club, Inc. Mr. Aber advised that the City had prepared a Special Use Permit for the Peninsula f Oilers to use the present baseball park located on City owned land, Section 5, T5N, . RIM S.M, and the term of this lease will be from the 15th day of May through the 8th day of August, 1876. Mayor Elson stated that there must be a clear understanding that the Peninsula Oilers will not take priority over Babe Ruth activities and the Oilers must adhere to the youth league activities schedule. MOTION: Councilman Ambarlan moved, seconded by Councilman Whelan, for Council approval of the Special Use Permit to the Peninsula Oilers Baseball Club, Inc, Motion passed unanimously by rcU call vote. mom t" " . 4 KHNAI CITY COUNCIL, REGULAR MEETING, MAY S. 1076 PAGE 8 G-9: Lease of Airport Lands or Facilities - Avis Rent-A-Car Mr. Aber advised that this Iease between the City and Avis was for Counter Space #28 in the Kenai Airport Terminal and was for a term of three months. In addition to the rental of counter space, Avis agrees to pay to the City a percentage of their gross receipts (per Schedule attached) . Mr. Aber further stated that Avis is entitled to 10 parking spaces in the airport parking area. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for approval of lease of Airport Lands or Facilities to Avis Rent-A-Car with an additional clause to be included in the lease of "the exercise of the use granted herein is at all times to be Rubjeet to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", issued in 1070. By signing this permit, the Lessee acknowledges that he hag received a copy of said regulations and has familiarized himself therewith and will comply with the requirements of said regulations". Motion passed unanimously by roll call vote. 0-10: Lease of Airport Lands or Facilities - Mr. Gerald Wasson Mr. Aber advised that this lease of Lot 2, Block 4, General Aviation Apron, was for a term of 55 years and Mr. Wasson desired this property for aircraft tie -down and possible construction of a hangar in the future. The rent specified in the leaase is $.03/sq. ft for 31,305 square feet or $939.16 a year. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of lease of Airport Lands or Facilities to Mr. Gerald Wasson, with the addition of the clause In the lease which is to read, "the exoriese of the use granted herein is at all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations" issued in 1976, By signing this permit, the Lessee acknowledges that ho has received a copy of said regulations and has familiarized himself therewith and will comply with the requirements of said regulations". Motion passed unanimously by roll call vote. G-11: Resolution No. 76-24 - Repealing s Re-enacting Certain Resolutions on Intrafund Transfers, City Attorney, Janis Williams, advised the Council that the matter of Resolution No. 76-24 should be tabled and taken up during the hearing on those ordinances which are pertinent to the subject matter at the next meeting. There was no objection from► Council. G-12: Ordinance No. 298-76 - Reducing Estimated Revenues s Appropriations40 Mayor Elson read Ordinance No. 298-76, "an ordinance of the Council of the City of Kenai, Alaska, reducing estimated revenues and appropriations in the 1975-76 General KENAI CITY COUNCIL, REGULAR MEETING, MAY 5, 1076 PAGE 9 Fund Budget. Whereas, certain of the revenues which were estimated for the 1975-76 fiscal year have not been realized as of the date hereof, and Whereas, as far as can be ascertained as of the date hereof, such revenues will not be realized during the current fiscal year, and Whereas, it is the desire of the Council to reduce appropriations as of the date hereof of prevent expenditures which would exceed actual revenues, Now, Therefore, be it ordained as follows: Section 1. Estimated revenues as not forth in the 1975-76 General Fund Budget are hereby reduced by $90, 747 which amount is comprised of the following items: Property taxes - $15, 866; Sales taxes - $47, 203; Fish tax - $10,000; Amusemont/dame Devices - $1,126; Rescue services - $2,574; Other services a charges - $298; Interest - $13,678. Section 2. Appropriations as set forth in the 1076-76 General Fund Budget are hereby reduced by $90, 747 which amount is comprised of the following departments (for line detail, see attached schedule): Legislative - $313; City Manager - $5,345; Legal - $3,907; Finance - $4,837; Department of Revenue - $490; Police - $18,749; Communications - $12,601; Fire - $4,482; Public Works, Administration - $6,045, Streets - $900, Building Inspection - $98, and Shop - $19,077. Non -departmental - ($60,489) and Contingency for Revenue Shortfall - $73,57211. MOTION: Councilman Sweet moved, seconded by Councilman Aekerly, for introduction of Ordinance No. 298-70 - Reducing Estimated Revenues and Appropriations. Motion passed unanimously by roll call vote. fl H. REPORTS H-1., City Manager's Report (a) Easement between Banco Building and Western Auto - Acting City Manager, Phillip Aber, reported that after checking into back records, it was determined that a 20' easement had been dedicated to the City. Mr. Aber further reported that as the buildings along that area were right up against the easement, the road could be used for utility purposes only and not maintained. Councilman Morgan suggested that the City further research this situation and try to come up with a better plan -- perhaps a trade-off, etc.????? (b) Impact Funds - the City has received bids for the purchase of a pick-up. In order to receive the Impact Funds for this purchase, the anticipated expenditure must be in to Juneau by the 30th of May. (a) The Elks sponsored Government Day will take place Thursday, May 6th at which time the City will host the event. Mr. Aber requested that as many Councilmen that could, please attend. (d) Mrs. Patricia Porter has been appointed Senior Citizen Coordinator and will begin work at Pt. Kenay on Monday, May 10, 1976. H-2: City Attorney's Report City Attorney, Janis Williams, requested a short Executive Session immediately --- - - _ _,� - _ _ - -_ --- -- - _- _ • mow.. KENAI CITY COUNCIL, REGULAR MEETING, MAY 5, 1976 PAGE 10 following the Council meeting with regard to the matter of the Employee's Suit. i H-3: Mayor's Report Mayor Elson reminded the Council and advised the public that the Council would be holding a work session on the up -coming 1076-77 Fiscal Budget, Thursday evening and Monday evening at 7: 30 p.m. in the Public Safety Building. H-4: City p Clerk's Report None H-5: Finance Director's Report None H Planning & Zoning Commissions Report Councilman Ambarian reported that the Commission had received an application for extraction of natural resources from Robert Bor en and a public hearing had been scheduled for the next Planning Commission meeting Wednesday, May 12th . H-7: Kenai Peninsula Borough Assembly's Report - . C None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1-1: Mrs. Ruby Coyle - Fish Tax Mrs. Coyle inquired as to the year the Fish Tax was received and was advised by Mr. Kinney that the money was received this year but placed in prior year's po budget. MAYOR AND COUNCIL: COMMENTS AND DISCUSSIONS Mayor Elson advised that with regard to a replacement for Mr. Nels Kjelstad, ; he would make a recommendation at the next meeting. MOTION: ' Councilman Ambarian moved, seconded by Councilman Whelan, for adjournment to an Executive Session. Motion unanimously approved. Following the Executive Session, Mayor Elson brought the meeting back to the Council table. There being no further business to be brought before the Council of the City of Kenai, Mayor Elson adjourned the meeting at 10: 55 p.m. _` f- Respeetfullq miffed, SIA C . Peter, City Clerk