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HomeMy WebLinkAbout1976-06-02 Council MinutesAGENDA REGULAR MEETING - KENAI CITY COUNCIL JUNE Z, 1976 - 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE PAGE A. ROLL CALL AGENDA APPROVAL I B. PUBLIC HEARINGS 1.. Ordinance No. 299-76 - Designating City Clerk be appointed by Council I Z. S. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. KCHS Lettermen's Club - Larry Jackson a Dave Tresslar 1-2 Z. D. MINUTES 1. Minutes of the Regular Meeting of May 19, 1079 4 -- 4. Minutes of the Special Meeting of May 20, 1979 2. E. CORRESPONDENCE 1. P, OLD BUSINESS 01 1. Council Approval - Janitorial Contract R 9. 8. ' 4. 0. NEW BUSINESS 1. Bills to be paid, bills to be ratified Z. ResoIution No. 79-49, Transfer of Funds 4 S. Acceptance of Bid for Furnishings - Kenai Community Library Project 4 4. Games of Skill a Chance - Fraternal Order of Eagles 8 5. Lease of Airport Lands or Facilities - Alaska Industrial Hardware, Inc. 6 5. Lesse of Airport Lands or Facilities - Hi 1 ton J . /Geneve F. Stasek 6-7 7. Final Payment - Airport Lighting Contract -- Dunamis Electric 7 S. Amendment to Contract for Engineering Services - Kenai Water Project 8 9. 10. H. 12. is. 14. Is. H. REPORTS r ! r City Manager's Report S Z. City Attorney's Report S. Mayor's Report 9-10 4. City Clark's Report 10 5. Finance Director's Report 10 Y S. Planning a Zoning Commission's Report 11 i ' 7. fiend Peninsula Borough Assembly's Report U-n I. PERSONS PRESENT NOT SCHEDULED TO BP, HEARD 1, Mr. Doug Haynes, AA1 a Z.Mr. James E. Fisher 11 i J � I i 1 U IwM•rYc. r .�'1!--N �.l--r. rt.l r.. p.y. . ... r. _ _ _:. _� _ _— _ _ - _--�l'J.. KENAI CITY COUNCIL - REGULAR MEETING JUNE 2, 1976 - 8: 00 P.M. PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGL NCE A . ROLL CALL Present: Edward Ambarian, Tom Ackerly, Al Hudson, Richard Morgan and James Elson. Absent: Walter Sweet and Dan Whelan AGENDA APPROVAL There being no additions or corrections to the agenda, it stood approved as distributed. B . PUBLIC HEARINGS B-1: Ordinance No. 299-76 - Designating City Clerk be appointed by Council Mayor Bison read Ordinance No. 299-76, "an ordinance of the Council of the City ® of Kenai, Alaska, amending Ordinance No. 176-69 by designating that the City Clerk be appointed by the Council of the City of Kenai. Now, Therefore, be it ordained by the Council of the City of Kenai, Alaska, that Section 1-21(b) of the Code of the City of Kenai be hereby amended to read in its entirety as follows: (b) The City Clerk shall be an officer of the City appointed by the Kenai City Council for an indefinite term. " City Attorney, Janis Williams, advised that the situation previously had been that the City Manager appointed the City Clerk. Mayor Elson opened the meeting to the public for their comment and input. There being none, the hearing was returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of Ordinance No. 299-76, amending Ordinance 176-69 by designating that the City Clerk be appointed by the Council of the City of Kenai. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD �� -�_-� -sue=-..-�-__.•".___. _.. ,____.� I i F E KENAI CPPY COUNCIL, ItEGULAR MEETING, JUNE 2, 1976 PAd1r 2 C-Is KCHS Lettermon's Club - Larry Jackson and Have Tresslor Mr. Larry Jackson, speaking on behalf of the Kenai Central High School Letterman's Club thankod the Council for their support on many Kenai Central High School events and expressed a special "thank you" to Councilman Hudson who the Club has designated an honorary member. Mr. Jackson and Mr. Tresslor prevented Councilman Hudson a token of the Club's appreciation. Among the gifts presented to Councilman Itudson was a Letterman's tee-shirt. D. MINUTES D-1: Minutest of the Regular Mooting of May 19, 1976 Mayor Bison advised of a correction on page 8 of the minutes referring to the motion for approval of Change Order #4 and Change Order #6 -- Mayor risen requested that a dollar figure of $16,675 be included in that motion. There being no further additions, the minutes stood approved as corrected. D-2s Minutes of the Special Meeting of May 26, 1976 Mayor Bison instructed the clerk to correct the minutes on page S as a typographical error had boon made with reference to Mr. fI . J . Steiner -- should read Mr. not Mrs. There being no further corrections, the minutes stood approved as corrected. E. CORRESPONDENCE None F. OLD BUSINESS F-1s Council Approval - Janitorial Contract Mr. Aber reported at the last meeting of the Council, the Janitorial Contract had been awarded to Livia Barksdale d/b/a Livia'o Janitorial Service who was low bidder. Upon awarding of the bid, Administration was directed to prepare a contract with Missy Barksdale and present it to Council for final approval. Councilman Hudson suggested that the janitorial service be reminded to clean the windows in the Airport Terminal Building. j . KRNAI CITY COUNCIL, REGULAR MFFTING, JUNI: 2, 1976 `I PA0H 3 1 MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of contract for janitorial services between the City of Kenai, Alaska, and Livia's Janitorial Service for services provided to the Kenai Airport Terminal Building, commencing on July 1, 1076 and terminating on .Tune 30, 1977. Approval of this contract is to be contingent upon receipt of all required certificates of insurance. Motion passed unanimously by roll call vote. Go NEW BUSINESS G-1: Bills to be paid, Bills to be ratified Mr. Aber advised that all items listed were budgeted with the exception of the billing from Alaska Apparatus and this had been taken care of in a resolution passed at a prior meeting of the Council regarding intrafund transfers on line item over -expenditures. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for approval of bills to be paid and bills to be ratified as listed. Motion passed unanimously by roll call vote. I-1: Mr. Aoua Haynes, Alaska Aeronautical Industries Mayor Elson requested Council consideration to allow Mr. Haynes to speak as he was from out of the City and had been unable to get scheduled under "Persons Present Scheduled to be Heard". Council concurred and Mr. Haynes advised Council that Polar Airways had made application to the ATC for service to Soldotna and Kenai. Mr. Haynes reported that AAI was presently running 20 flights a day to Kenai and running 9 freight flights a week. Mr. Haynes introduced Mr. Jack Stern, Attorney from Anchorage, representing AAI with regard to this matter. Mr. Stern advised the Council that he can prove that competition of this nature would not improve the service but would "bunch up the flights" at the busiest times of the day, Mr. Stern urged the Council to review the matter and should they desire AAI would appreciate support of the Council of the City of Kenai in this matter. Councilman Morgan asked what projections AAI had made for the future and was advised by Mr. Haynes that AAI would be sticking with its present equipment and do not intend to expand too much more as they just opened new routes to Seward, Iliamna, etc, Mayor Elson thanked both Mr. Haynes and Mr. Stern for their presentation to the Council. c. , L.. ;j KLNA!. CITY COUNCIL, REGULAR MEETING, JUNI, 2, 1976 I si� G-2: Resolution No. 76-26, Transfer of funds to I'AGF. 4 Mayor Elson read Resolution No. 76-26, "resolving that the following transfer of money be made within the 1976-76 General Fund Budget - From: Non -Departmental/ Contingency - (418) To: Nori-Departmental/Miscollaneous - $418. The purpose of this resolution is to transfer budgeted dollars to allow for payment of Kenai Peninsula Borough taxes on property sot aside as foreclosed property per Resolution No. 76-23". MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for approval of Resolution No. 76-26, transfer of monies within the 1975-76 General Fund Budget. Motion passed unanimously by roll call vote. G-3: Aeoevtanee of Bid for Furnishings - Kenai Community Library Project Mayor Elson introduced Mrs. Nedra Evenson, President of the Board of Directors for the Kenai Community Library. Mrs. Evenson read a letter addressed to the Mayor and City Council from the Board of Directors of the Library. The letter was as follows: "At 10: 00 a.m. on Friday, May 21, 1976, bids for library furnishings were received and opened in the offices of Acting City Manager Phillip Aber. The two companies submitting are: The Paul Timmerman Company and the Yukon Office Supply, Inc. To supplement the costs of the awarded contract, the Library Board is seeking permission to use the Restricted Library Fund as a matching fund with the State of Alaska. The amount of the restricted fund is $8,542 and should be increased to an even $10, 000 to make a $20, 000 matching grant. The Paul Timmerman Company has prepared a bid on the entire furnishings proposal, amounting to $72, 054.91 that includes some metal and some oak shelving, and an alternate bid of an additional $15,975 for complete oak shelving. The Yukon Office Supply, Inc. has submitted a bid on a portion of the furnishings that includes polyester laminate shelving amounting to $63,413.04. Adjusting these two bids so that each company's bid is on like furnishings, the amounts are: The Paul Timmerman Company - $63, 062.65 and the Yukon Office Supply, Inc. - $62,442.79. This adjustment necessitates the local purchase of deleted items, such as: 10' ladder, metal bicycle rack, staff lounge appliances and typewriters, amount to $6,200 (later adjusted to $5,500). It is the Library Board of Directors' recommendation that The Paul Timmerman Company bid be awarded on the basis of the alternate oak shelving bid, plus the amount of $6,200 (adjusted to $5,500) for the deleted items to be purchased locally". Mrs. Evenson further stated that it was the request of the Library Board that the bid be awarded to the Paul Timmerman Company in the amount of $69, 462.65 as their bid most nearly meets the requirements of the bid specs." 31 'i KENAI CITY COUNCIL, I E.GULAIi MEETING, JUNE 2, 1976 PAGE 5 Mr. Moss Kinney, Finance Director, advised the Council with regard to the $10,000 to make an even matching grant in the amount of $20, 000, as the City has not even applied for the additional grant funds and the State will not accept our application until after the first of July, it was his recommendation that the Council wait until the grant has boon submitted and written verification of acceptance from the State has been received. Mayor Elson stated that with regard to the total grant, $550,000 had been set with a 60/40 split between the City and the State. At an earlier meeting, Council had set aside a specific amount for furnishings. Mayor Flson inquired, based on the recommendation from the Library Board, how close is the City to staying within the basic concept. Mr. Kinney advised that at present $58,542 was available. Mr. Aber recommended that we go ahead with what we have at present ($58,542) and upon receipt of a letter from Mr. Engen, Director of State Libraries and Museums, the City could proceed with regard to the $10, 000 for $20, 000 matching funds. Mrs. Emily DeForest, City Librarian, advised that a letter was in the mail , from Mr. Engen verifying the State would match funds (restricted funds of the City) for a $20,000 matching grant. Councilman Ambarian inquired from the City Attorney if the Council could proceed with acceptance of the bid recommendation based on receipt of the letter from Mr. Engen? Janis Williams, City Attorney, 64 advised that yes, the City Council accept the bid but the letter would have to be specifically so stated. Councilman Ambarian advised that the Library Board , was working on obtaining additional funds to bring the restricted fund of $8, 542 up to $10, 000. a MOTION: ( Councilman Ambarian moved, seconded by Councilman Hudson, for acceptance of the Kenai Library Board's recommendation that The Paul Timmerman Company bid in the amount of $69,462.05 be awarded contingent upon receipt of a letter of intent that the State will make, upon application, a $20, 000 matching grant. Councilman Morgan stated that he opposed accepting a higher bid on like furnishings. Councilman Ambarian advised that the Library Board, after considerable consideraton, felt that the Paul Timmer i-nan Company came closest to matching the specifications in the bid document. Mr. Aber advised that one of the big differences was that Yukon did not bid on moral items but items bid on were the same amount, same specifications as the other bidder. ffw�" V® '!( KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1970 "k 11M; n GE 6 QUESTION: Motion passed unanimously by roll call vote. G-4: Games of Skill and Chance - Fraternal Order of Eagles Mr. Aber advised that the State of Alaska require qualified organizations to file an application for permit for authorized games of chance and skill and Mr. Aber further stated that he recommended approval of the permit to the Fraternal Order of Eagles. MOTION: Councilman Morgan moved, seconded by Councilman Hudson, for approval of application for permit for authorized games of chance and skill to the Kenai Peninsula Aerie 03525/3240, Fraternal Order of Eagles. Motion passed unanimously by roll call vote. G-5: Lease of Airport Lands or Facilities - Alaska Industrial Hardware Mr. Aber advised that Alaska Industrial Hardward had requested to lease Lot 8, Block 2, Fidalgo Subdivision, for a period of 55 years at an annual rental of $688. Assessments owing in the amount of $1,190.54 are for sewer only. The Lessee shall be liable for payment of assessments benefiting this property which may be levied in the future. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, for approval of lease of Airport Lands or Facilities to Alaska Industrial Hardware, Lot 8, Block 2, Fidalgo Subdivision, for a period of 55 years and for an annual rental rate of $888. Motion passed unanimously by roll call vote. G-6: Lease of Airport Lands or Facilities - Milton J./Geneva F. Stasek Mr. Aber advised that this lease for Lots 2 and 3, Block 5, General Aviation Apron, to Milton J . /Geneva F . Stasek, was for a period of 55 years and each lot was to be rented for $1,166 annually. Assessments for sewer only on each lot will be $1,575.05 for a total of $3,150.10. The purpose of this lease is for a commercial business establishment and aviation services as per General Aviation Apron Subdivision Covenants. Mr. Aber further advised that it was the intent of the Lessee to build on the common boundary as the size of the building was too large for one lot. i i i y i 1 " I � f,. KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1976 PAGE 7 MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for approval of lease of airport lands or facilities to Milton J./Geneva F. Stasek, for Lots 2 and 3, Block b, General Aviation Apron. Motion passed unanimously by roll call vote. Administration was directed, by Council request, to consolidate the two leases as presented so that hereafter the leases would be considered as one document. RECONSIDERATION: Councilman Morgan moved, seconded by Councilman Hudson, for reconsideration of the lease of Airport Lands or Facilities to Alaska Industrial Iiardware. Motion passed unanimously. MOTION: Councilman Morgan moved, seconded by Councilman Hudson, to amend the motion for approval of lease to include under "In addition to the rents specified above....." item (a) - for sewer assessments only. Motion passed unanimously by roll call vote. MAIN - AS AMENDED Motion passed unanimously by roll call vote. 0-7: Final Payment - Airport Lischtins Control - Dunamis Electric Mr. Aber advised that this item is the final payment on the Airport Lighting Control contract. Of the monies involved, funding of 62-1/2% to from ADAP and the rest funded from the State. There will be no monies from the City involved. Mr. Aber also requested that approval of final payment be made contingent upon receipt of a release from the contractor holding the City harmless from claims arising from the subject construction project or the contractor's liabilities. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, for approval of final payment in the an, ount of $1,877.:�n. to Dunamis Electric for the Airport Lighting Control Project. This payment will be contingent upon receipt of a release from the contractor holding the City harmless from claims arising from the subject construction project or the contractor's liabilities. Motion passed unanimously by roll call vote. f 1 KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1976 PAGI? S a-S: Amendment to Canty-acit for Engineering Services - Kenai Water Project Mr. Aber advised that this amendment was required by the FDA before proceeding with the project. Also the EDA has required that the City open a separate checking account as a depository guaranteeing that the City's share is reserved. Administration requests Council authorization to set up this account. MOTION: Councilman Ambarian moved, seconded by Councilman liudson, to authorize Administration to establish a depository for the Kenai Water Well Project per EDA requirements. This despository is not to exceed $210,000. Motion passed unanimously by roll call vote. H . REPORTS H-1: City Manager's Report (a) Animal Control - Mr. Aber requested Council authorization to use the remaining F $4,900 in this year's budget for Animal Control to purchase a vehicle. Councilman Hudson stated he felt this would be acceptable in order to alleviate some of the burden of expense on the limited 1976-77 budget. Administration 4 was directed to prepare a resolution authorizing the transfer of funds from Animal Control/Salaries and Wages to Animal Control/Machinery and Equipment. (b) Mr. Aber advised that the City (particularly the Fire Department) is having difficulties with the Borough Refuse Site in Kenai. The City has boon called out for fire problems. Councilman Hudson advised that the matter of the Kenai Refuse Site had come up before the Borough Assembly last evening and the Borough Mayor stated that the present contractor, Peninsula Sanitation, is the responsible party. Mayor Elson stated that as the Borough has the authority for solid waste, the City should direct the complaint to them. If the City had a contractor who had created a hazard at the refuse site, the City would have been held responsible. In the past, when the City of Kenai operated the refuse Amility, EPA had required the premises be lucked up when no one was on duty, etc. Therefore, at present, it is well within our rights to see that the refuse site to being maintained properly. Council directed the Administration to proceed with billing the Kenai Peninsula Borough for costs incurred by the Kenai Fire Depart- ment. (c) Wildwood Water Meters - Mr. Aber advised that the water meter had been installed at Wildwood this afternoon. Mr. Aber had talked with Mr. Miller, President of KNA, who stated he felt that the City's billing on estimated usage for Wildwood had been high and Mr. Miller requested that some consideration be given with regard to this bill should be water meter indicate a less amount used. Mr. Aber had advised Mr. Miller that he felt the City could work something out if it were justified. I, 0 KENAI CITY COUNCIL, REGULAR MI ffINU, ,JUNE, 2, i076 PAnV 0 (d) Oilor Field and Burning Permit - Councilman Morgan advised the Council that the Oiler organization had applied for a burning permit and after Chief Thomas had chocked the area out, the Chief had advised the Oilers that they would be issued the permit. During the weekend when the Oilers went to the Piro Department to pick up the permit, the Assistant Chief advised they had not been given permission from Chief Thomas and the Chief was out of the City for the weekend. Acting City Manager, Phillip Aber, advised that the Oilers could burn only three trees at a time. The Oilers found this too time consuming and could not get a good fire burning with only three trees at a time so they requested, and received, permission to bury the trees.. At this point in time, the owner of the adjoining property started burning and was given a permit from the lire Department. The Oilers noted that this person loft his burn unattended, oto. Councilman Morgan stated that his point is why were the Oilers given such a hassle -- it appears the City to not using consistency with their regulations. Councilman Morgan advised that there are very bad feelings with regard to the City Administration developing on behalf of some people associated with the Oilers. Mr. Aber stated he felt that there had been difficulty in communication and had discussed the situation with Chief Thomas and developed some revised guidelines for issuance of burning permits. Mr. Aber further stated that it is the intent of Administration to get all of the City regulations down in black and white as soon as possible. H-2: City Attorney's Report City Attorney, Janis Williams, advised the Council that at the meeting in Anchorage, they had been informed that HB 170 passed, providing free judicial services to municipalities and is now before the Governor for signature. H-3: Mayor's Report (a) Mayor Elson announced the appointment of Mr. Nick Miller to the Planning and Zoning Commission. (b) Appointment of City Manager - Mayor Elson appointed Councilmen Ambarian, Morgan and Whelan to the committee to review the City Manager applicants and make a selection of the top five. (a) Work Session - it was discussed during the budget work sessions that a work session be held to establish priorities for Administration to give their utmost efforts. A Work Session was agreed upon for Thursday, June 10, in the Public Safety Building at 7: 30 p.m. The Clerk was instructed to advertise the Work Session. i p r i L'4 r KFNAI CITY COUNCIL, REGULAR MEETING. JUNE 2. 1976 PAOF, 14 (d) Mayor Elson inquired as to the Ordinance with regard to the trailers parked In the Urban section with "For Sale" signs on them. Administration was directed to look into the matter and report back to Council. H-4: City Clerk's Report None H-6: Finance Director's Report Mayor Bison inquired if with regard to the Wien payment will a resolution have to be prepared showing that the money to going to be encumbered next year? Mr. Kinney advised he would like to set it up as "payment in advance". H-6: Planninff a Zoning Commission's Report Councilman Ambarian stated that he had no report but did request that someone else from Council be selected to represent the Council on the Planning Commission as he had served for over a year and a half. Mayor Elson advised a replacement would be selected when all members of Council were present. H-7: Kenai Peninsula Borough Assembly's Report Councilman Hudson advised the following Ordinances had passed hearing at the Assembly meeting of Tuesday, June 1, 1976: (a) Ord. 76-31, An Ordinance abolishing the Seldovia Water Service area and Transferring Its Assets and Liabilities to the City of Seldovia; (b) Ord. 76-32, An Ordinance establishing the salary schedule for Borough employees for the Fiscal Year 1976-77; (d) Ord. 76-34, An ordinance appropriating funds for Fiscal Year 1076-77 for General Fund (the mill levy and sales tax remained the same); (e) Ord. 76-35, An ordinance appropriating funds for Fiscal Year 1976-77 for Capital Projects; (f) Ord. 76-36, An ordinance appropriating Funds for Fiscal Year 1976-77 for all Service Area Funds within the Kenai Peninsula Borough. Introduction of Ord. 76-39, was not well received by the Assembly. Mayor Elson suggested that Administration sit down and prepare a workable amendment so that Councilman Hudson could take it back to the next meeting of the Assembly. I 1 i I i � t KENAI CITY COUNCIL„ R1N ITTLAR MEFTINO, MINE 2, 1076 PAM 11 F I. PERSONS PRESENT NOT SCHEDULE?D TO BE HEART) I-2: Mr. James H. Fisher r Mr. Fisher stated that with regard to the hearing of Ord. 78-38, perhaps someone from the City could attend with back-up material and field some of the questions that will arise. Assemblyman O'Connell stated he almost voted against introduction as the Ordinance was very unclear as to the City's intent. Assemblyman O'Connallfurther remarked he felt the ordinance very "restrictive". Mayor Elson stated that the City has the responsibility to protect its only one water resource. Mr. Aber explained that the final approval for any permits issued to drill wells in the area would have to come from the Mate and the State would contact the City as well. Additional investigation into the matter was authorized. ADJOURNMENT There being no further business, Mayor Elson adjourned the meeting at 10:15 P.M. Respectfully submitted, Su C. Peter, City Clerk { ' f I a � i 1 i