HomeMy WebLinkAbout1976-07-07 Council MinutesAGENDA
REGULAR MEETING - KENAI CITY COUNCIL
JULY 1, 1076 - 0:00 I'.M.
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PUBLIC SAFETY BUILDING
pLEDOE OF ALLEGIANCE
PAGE
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A.
ROLL CALL
AOENDA APPROVAL
8,
PUBLIC HEARINGS
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1. Ordinance No. 204.76 - Dog Control
I
2. Ordinance No. 207-76/77(A) - Basic Grant, Kenai Community Library
2
S. Ordinance No. 300-70 - Accepting Criminal Justice Grant
3
4. Ordinance No. 301-70 - Amending Ord. 280-76. Kenai Water Reserve
4
5. Tranalor of Beverage Dispensary License - Katmai Alotol
5
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PERSONS PRESENT SCHEDULED TO BE HEARD
1. Mr. John Williams - Water/Sower Assessments on 59h Avenue
6
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D.
MIRUTES '
Minutes of the regular meeting of Juno 10,1070
6
P.
CORRESPONDENCE
3. Mr. Arthur Avans - Lotter of Resignation from Planning Commission
7
2.
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OLD BUSINESS
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1. Port of Kenai - Access Roat1
7
S. Agreement/Furniture 0 Shelving for the Kenai Community Library Project
7
0.
NEW BVSI:JF.88
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1. Bills to be paid, bills to be ratified
8
2. Ordinance No. $02-70 - Amending City Code to Provide Ponaltica/dumping
of Sewage
S. Ordinance No. 303-76 - Appropriations to Capital Projects
8
4. Ordinance No. 304-70 - Regulation of Soles Tax for Retirement of Deficit
0
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S. Resolution No. 76 30 - Accepting Additional Orani Funds for Water Project
10
S. Resolution No. 76-31- Transfer of Funds - Recreation Program
30
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T. Ratificaft of Purchase of Vehicle for Recreation Program
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8. Resolution NO.76-32 - Transferring ef Budgeting of City Clerk position
11
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0. Ratification of Purchase of Vehicle for Animal Control Program
11
10. Creation of Assessment District - Ahistrom Subdivision
12
U. Assignment of Lease - Milton J./Oonova E. Stesek to National Bank of Alaska 12
12. Lease of AirpDrt Land or Facilities - W. E. Pletcher d/b/a Kenai Theatre Enterprises
33. Lease of City Owned flock - Salamatof Seafoods, Ina.
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34. Salo of Obsolete and Surplus Materials
14
to. Borough Foreclosure Parcels
14
Be
REPORTS
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I. City Manager's Report
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2. City Attorney's Report
15
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S. Mayor's Report
10
4. City Clerk's Report
38
S. Finance Director's Report
18
S. Planning & Zoning Commission's Report
10
I. Kenai Peninsula Borough Assembly's Report
17
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
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KENAI CITY COUNCIL - REGULAR MEETING
JULY 7, 1976 - 8: 00 P.M.
PUBLIC SAFETY BUILDING
MAYOR JAMBS A. ELSON PRESIDING
PLEDOJ: OF ALLEGIANCE.
A. ROLL CALL
Present: A. L. Hudson, Walter Sweet, Richard Morgan, Edward Ambarian,
Tom Aekerly and James Elson
Absent: Dan Whelan
AGENDA APPROVAL
There were no additions or deletions to the agenda
B. PUBLIC HEARINGS
B-1: Ordinance No. 294-70 - Dog Control
Mayor Elson rend Ordinance No. 294-70, "an ordinance of the City of Konal, Alaska;
repealing Chapter 3, Article 1, Dogs - Licensing and regulations and enacting
a now Chapter 3, Ar tiele 1, Dog Control" by We only as sufficient copies had
been made available to the public.
Mayor Elson opened the hearing to the public so that they could be heard.
Mrs. Vivian Raymond - Mrs. Raymond spoke in favor of the ordinance and
urged the Council to pass it providing a leash law which is very much needed in
the area.
Mrs. Mary Keith - Mrs. Keith also spoke in favor of the proposed ordinance
and stated that she felt the amount of dogs running loose on the streets and at
the schools created a potential hazard both for the animals themselves and
for children.
Dr.. Peter Hanson - stated he was also in support of the ordinance and advised
that as a physician, had attended to several dog bite cases wherein the animals
were running at large. Dr. Hanson also reported that he had had a family pet
which was tied and killed by dogs running at large.
Mr. James E . Fisher - Mr. Fisher questioned the new law in that it stipulated
thdt no dogs, whether licensed or not, would be allowed to run at large. Mr.
Fisher stated he felt that this law was unfair to the owners of the licensed
animal In that they would not have fore -warning of an enforcement drive, etc.
KENAI CITY COUNCIL, -REGULAR MEETING, JULY 7, 1976 PA.GE 2
Mr. John Williams - Mr. Williams stated he was in full agreement with the
ordinance, however, felt that Section 3-14 should be amended to read that
no dog owner should allow his dog to damage any lawn, property, etc. "other
than his own".
Thera being no further comment from the public, Mayor Elson returned the hearing
to the Council table.
Councilman Ambarian stated his objection to the fact that fees would be collected
outside of City Hall -- the Pound blaster should not be burdened with this additional
responsibility.
Mayor Elson stated he supported Mr. Williams comments with regard to amending
Section 3-14.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for the adoption of
Ordinance No. 294-76, Dog Control as amended in Section 3-14 to state "no dog owner
shall permit his dog to damage any lawn, garden, or other property other than his
own."
Mayor Elson stated that he believed the reference wherein money is paid to the
Animal Control Officer was too specific and further •stated he believed it should read
"to the City officer as designated by the City Manager".
There was no objection by Council to including this amendment as suggested by
Mayor Elson in the main motion.
QUESTION: ;
Motion passed unanimously by roll call vote.
B-2; Ordinance No. 297-76/77(A) - Basic Grant, Kenai Community, Library
Mayor Elson read Ordinance No. 297-76/ 77 (A), "an ordinance of the Council of
the City of Kenai, Alaska, amending the 1976-77 General Fund Budget to reflect
increases in estimated revenues and appropriations. Whereas, the Alaska State
Division of Libraries and Museums has made a grant in the amount of $S, 000 avail-
able to the Kenai Community Library for materials to strengthen the collection; and
Whereas, the Council of the City of Kenai must formally accept the grant from the
State; and Whereas, it becomes necessary to amend the 1976-77 General Fund Budget
to reflect the Library Development Grant. Now, Therefore, Be It Ordained by the
Council of the City of Kenai, Alaska, that the 1976-77 General Fund Budget is hereby
amended to 'refiect the following increases in estimated revenues and appropriations
received from the State Library Development Grant for the purchase of library
materials to strengthen the collection".
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KE?NAI CITY COUNCIL, REGULAR AIEET4NG, JULY 7, 1976 PAGH 3
Mr. Phillip Aber, Acting City Manager, advised Council that the State would provide
$7,000 immediately and the remaining $1,000 would be received upon approval from
the State as to the expenditures.
Mayor Elson opened the hearing to the public for their comment. There being none,
the Mayor returned the meeting to the Council table.
Councilman Sweet inquired if grants such as this would reduce the Library
budget for 1076-77. Mr. Ross Kinney, finance Director, advised that these
grants are for specific items only and would not affect the budget.
Mrs. Emily DeForest, Librarian, explained that this grant is to supplement the
City's portion of purchase of materials for the library.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for adoption of
Ordinance No. 297-76/77 (A) - Basic Grant, Kenai Community Library.
Motion passed unanimously by roll call vote.
B-3: Ordinance No. 300-76 - Accenting Criminal Justice Grant
Mayor Elson read Ordinance No. 300-76, "an ordinanco of the Council of the City
of Kenai, Alaska, amending the 1975-76 General Fund Budget by appropriating
$2,779 to the General Fund, Budgetary Guideline Entitled "Criminal Justice Grant
Number 74-A-057" and increasing estimated revenue "Criminal Justice Grant Number
74-A-057" by $2,779. Whereas, the City of Kenai, Alaska, has been awarded a
Police in Servico Grant in the amount of $2,925; and Whereas, the local share of this
grant is $146 and this amount is available from Police Communications; and
Whereas, the Council of the City of Kenai, Alaska must formally accept the grant
from the State; and Whereas, these funds must be obligated no later than June 30,
1970; and Whereas, it becomes necessary to amend the 1975-76 General Fund Budget
to reflect the Criminal Justice Grant. Now, Therefore, be it ordained by the Council
of the City of Kenai that the 1975-76 General Fund Budget is hereby amended to reflect
the following increases in estimated revenues, appropriations and transfers for
Criminal. Justice Grant Number 74-A-057: EStimated Revenues: Criminal Justice
GRant #74-A-057 - $2,770. Appropriations: Criminal Justice Grant #74-A-057 - $2,779.
TRANSFERS: From: Police Department/Communications - $146 - To: Criminal
Justice Grant #74-A-057 - $146.
Mr. Aber advised that this grant enabled the Police Department to purchase such
items as a projector, materials, etc. for training of personnel.
'Mayor Elson opened the hearing to the public for their comments. There being none,
the Mayor returned the hearing to the Council table.
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! I{ENAI CITY COUNCIL, REGULAR MELTING, JULY 7, 1976
PAGE 4
MOTION
Councilman Sweet moved, seconded by Councilman ITudson, for adoption of
Ordinance No. 300-76, Accepting Criminal Justice Grant $74-A-057.
Motion passed unanimously by roll call vote.
B-4s Ordinance No. 301-76 -- Amending Ordinance No. 289-76, Kenai Water Reserve
Mayor Llson read Ordinance No. 301-76, "an ordinance of the Council of the City
of Kenai amending Ordinance No. 289-76, regarding Watershed protection. Whereas
Ordinance 289-76, as enacted, provides that all persons appropriating water within
the described territory must obtain consent of the City regardless of the extent of the
taking; and Whereas, the description contained in Ordinance No. 289-76 may include
individually owned property; and Whereas, it is not the intention of the City to pro-
vont individuals from taking water in inconsequential quantities; and Whereas
the description contained in Ordinance No. 289-76 can be changed so that it is wholly
within the boundaries of the Kenai National Moose Range without materially affecting
its coverage of the Beaver Creek Ground Water System.
Now, Therefore, be it ordained by the Council of the City of Kenai that: Section 1
of Ordinanco'289-76 is hereby amended to read in its entirety as follows: Section
1_ It shall be unlawful, without prior written consent of the City of Kenai, for any
person or other entity to dig, build, drive, drill or in any manner construct a well
or otherwise appropriate water from beneath the surface in the territory described
in Schedule A (amended) attached hereto and illustrated by the attached map, if such
appropriation is likely to have a substantial detrimental effect on the City's water
supply. Consent shall not be given unless the Council of the City of Kenai has
approved such appropriation.
Mr. Aber explained that the Ordinance contains two major changes; one in the
boundary and the other in the wording of Section 1.
Mayor Lison opened the hearing to the public.
Mr. John Williams - Mr. Williams stated in the requirement of the individual
going through the City as well as Federal and State agencies for permits, it would
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make financing that much more difficult to obtain.
Mr. Rick Baldwin - Mr. Baldwin suggested that the word "substantial" might be
omitted from Section 1 thereby "dropping the standards" a bit more into perspective.
Mr. James Fisher - Mr. Fisher inquired if the Assembly representative felt
he could now take this ordinance to the Assembly and accomplish the goals that
are desired? Mr. Hudson advised that the City in amending the ordinance had
-- eliminated most of the objections that had been expressed.
KENAI CITY COUNCIL, REGULAR MEETING,JULY 7, 1076
PAGE 5
There being no further comment from the public, Mayor Rlson returned the hearing
- to the Council table.
Couuncilman Morgan stated he felt that the word "substantial" should be deleted
from Section 1 of the ordinance.
MOTION:
Councilman Hudson moved, seconded by Councilman Sweet, for adoption of
Ordinance No. 301-76, Amending Ordinance 288-76, Kenai Water Reserve.
As there was still some question of the wording of Section 1, Mayor Elson suggested
that perhaps the sentence would be clarified if the word "substantial" was put before
the word "appropriation"? Mayor Elson also stated that passage of this ordinance
will enhance the City's position with regard to the protection of our water reserve
in the future.
AMENDMENT TO MOTION
Councilman Ackerly moved, seconded by Councilman Ambarian, that Ordinance
No. 301-76 be amended by the deletion of the word "substantial" in Section 1.
Motion passed by roll call vote. Voting yes; Sweat, Morgan, Ambarian, Ackerly
and Elson. Voting no; Hudson.
QUESTION -MAIN
Motion passed unanimously by roll call veto.
B-5: Transfer of Beverage Dispensary License - Katmai Motel
4 Mr. Aber advised that the Katmai Motel had applied for the transfer of a beverage
dispensary license and Administration had no objection to the approval of such
transfer.
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Mayor Elson opened the meeting to the public for their comments.
F
Mr. Rick Baldwin - Mr. Baldwin, representing the Katmai Motel, advised the
r Council that he would answer any questions concerning this transfer and also
the only change is in organizational stature.
f MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, for approval of
transfer,of a beverage dispensary license for the Katmai Motel.
Motion passed unanimously by roll call vote.
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KENAI CrrY COUNCIL, REGULAR MEETING, JULY 7, 1070 PAQ, a
�. C. PERSONS PRESENT SCHEDULED TO ICE HEARD
C-1: Mr. John Williams - Water/Sower Aasossments on 5th Avenue
Mr. Williams came before Council to ask for a determination on the assessments
on Government Lot 13 located along Oth Avenue. Mr. Williams advised that seven
residential lots will be developed in this area and the assessments have not boon
finalized by the City. Mr. Williams requested Council consideration in that the
City not assess that property as hook-up fees will amount to a considerable amount
i of money.
j Councilman Morgan inquired as to a clarification of the assessment district along
` 5th Avenue and was advised by City Attorney, Janis Williams, that there had boon
some talk years ago that the lots in question would be assessed, however, at this
i time it has never been done. Mr. Aber further advised that the City can find nothing
in the records that an Assessment District had boon set up in that area.
Councilman Sweet asked Mr. Williams if he would agree to the hook-up fees being
called "in -lieu of assessment payments" but Councilman Sweet further stated that
he would also like to not set a precedent with regard to assessment districts.
Mr. Williams stated he would ask that Council take action against any assessment
being levied against the property in question and he would in turn agree to pay
all do -in icon.
Councilman Hudson inquired if the City could not go ahead and develop an assessment
district and Mayor Elson stated that the City could not do this without following proper
procedures and neither could the Council grant a waiver against any future assessments
that would be levied against this property.
Mr. Williams stated that it must be shown on the plat that the owner must be responsi-
ble for any future assessments that may be levied. Councilman Hudson stated he
felt that Mr. Williams had a valid argument. Councilman Ambarian stated in his
opinion he felt that matter should be tabled until next meeting anc: Administration
gather more information before Council render a decision. Councilman Morgan
agreed and requested additional information be given Council with regard to
"in -lieu of payment", etc.
Mayor Elson, with consent of Council, tabled the matter until such time additional
Information has been obtained.
t D. MINUTES
D 1: Minutes of the regular meetin , of June 10, 1070
r There being no additions or corrections, the minutes were approved as distributed.
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KENAI CITY COUNCIL, REGULAR MEETING, JULY 7, 1976
*', E. CORRESPONDENCE
PAGE 7 ,
E-1: Letter of resignation - Mr. Arthur Evans
Mayor Elson acknowledged receipt of a letter of resignation from Mr. Arthur Evans
In which Mr. Evans advised Council that he would no longer be able to serve
on the Kenai Planning Commission.
E-2: Correspondence from Senator Mike Gravel
Mayor Elson acknowledged receipt of a letter from Senator Gravel in which the
Senator advised of bills he has introduced for the construction of dams and the
effect theses bills would have on the State of Alaska.
E-3: Pacific Alaska LNG
Mayor Elson advised that he had received correspondence from Mr. Lon McLean
In which Air. McLean reported that several engineers from his company would be
visiting Kenai in the near future and would be contacting the City with regard to
their continuing interest in the Port facility.
F. OLD BUSINESS
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F-l: port of Kenai - Access Road
Mr. Aber reported that he had obtained some estimates on getting the road up-to-date
and his figures indicated that it would cost approximately $5,000 for materials only. o
This money has not been budgeted. Mr. Aber stated it was his opinion that the
looation of the road remain the same and not be changed.
Council directed Mr. Aber to research other areas of funding, such as the "Local '
Trails and Roads" funds, etc. In the interim, Mr. Aber advised he would have his
crew work on the road "piece -meal" and as materials became available.
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F-2: AKreement/Furniture u ShelvinK for the Kenai Community Library Project
Mr. Aber advised that this standard form of agreement between the contractor
and the City must be signed and returned to the Paul Timmerman Company. The
City Attorney had reviewed the agreement and found all contents to be in order.
Administration, therefore, would recommend Council approval of subject agreement.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for approval of the
agreement between the City of Kenai, Alaska and the Paul Timmerman Company for
furniture and shelving for the Kenai Community Library for a sum of $02,963.51.
Motion passed unanimously by roll call vote.
ICENAI CITY COUNCIL, REGULAR MP.ETINa, JULY 7, 1076
G. NEW BUSINESS
PAGE 8
G-1: Bills to be paid, Bills to be ratified
Mr. Aber explained the bills as listed and advised that the billing from Glacier State
Telephone in the amount of $1,176.77 was for damages the City did to the telephone
lines. Mr. Aber questioned this billing and also stated that the Insurance Adjustor
had not made a determination on the claim.
MOTION:
Councilman Morgan moved, seconded by Councilman Aekerly, for approval of those
bills to be paid as listed and approval of ratification of those items listed with the
exception of the Glacier State Telephone billing in the amount of $1,176.77.
Motion passed unanimously by roll call vote.
G-2: Ordinance No. 302-76, Amending City Code to Provide Penalties/Dumping of Sewage
Mayor Elson read Ordinance No. 302-76, by title only as sufficient copies had been
made available to the public. "An ordinance of the Council of the City of Kenai amending
the code of the City of Kenai to provide penalties for the dumping of sewage into the
City disposal system without a permit".
Mr. Aber advised that this ordinance would provide that all persons must obtain
a permit from the City prior to disposal of sewage or cesspool material in the City sewer
system and in addition, those persons using the City sewer system would in addition
have to obtain a dumping ticket each dumping within two hours of the dumping.
Mayor Elson suggested that an additional section be added clarifying the charges and
fees and the permits and dumping tickets.
MOTION: I
Councilman Hudson moved, seconded by Councilman Ambarian, for introduction of
Ordinance No. 302-76, Amending the City Code to provide Penalties for the dumping
of sewage into the City disposal system without a permit and in addition the ordinance
be amended to reflect a clarification of the fees and permits and charges and pertinent
charges.
Motion passed unanimously by roll call vote.
0-3: Ordinanee'No'.•303-76 : Appr'alSriations to Capital Projects
Mayor Elson read Ordinance No. 303-70, "an ordinance of the Council of the City of
Kenai appropriating $14,203 to the Capital Projects fund entitled "Animal Shelter"
and increasing estimated revenues entitled "Federal Shared Revenue" by $14.203.
KENAI CITY COUNCIL, REGULAR MEETING, JULY 7, 1976 PAGE 0
�. Whereas, the City of Kenai is in need of a facility to shelter impounded animals; and
Whereas, it becomes necessary for the City of Kenai to either purchase or construct
;! a facility to be used as an Animal Shelter; and Whereas, the City of Kenai is a recipient
of federal shared revenue funds in the amount of $14, 203; and Whereas, the City of Kenai
desires to appropriate funds to be received under the Federal Revenue Sharing Act
to functions considered permissible appropriations by the act; and Whereas, proper •
accounting practice requires that all appropriations of City monies be made by
ordinance. Now, therefore, be it ordained by the Council of the City of Kenai that
the City appropriate $14,203 to the Capital Projects Fund entitled "Animal Shelter" and
increase estimated revenues entitled "Federal Shared Revenue" by $14, 203.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Hudson, for introduction of
Ordinance No. 303-76, Appropriations to Capital Projects.
Motion passed unanimously by roll call vote.
a-4: Ordinance No. 304-76, Regulation of Sales Tax for Retirement of Deficit
Mayor Edson read Ordinance No. 304-76, "an ordinance of the Council of the City of
Kenai regulating the use of the proceeds of the 1% sales talc levied for retirement of
prior year deficits. Whereas, a•lra sales tax was levied by Ordinance 14n, 267-76
for the purpose of retirement of prior year deficits;, and Whereas, it is the intent that
the proceeds of such tax be used solely for the purpose for which it was levied and
nc: used for some other purpose in an emergency situation• a P P g Y and Whereas, it is the
desire of the Council that any other use of such proceeds be made by gredter than a
majority of the Council in a non -emergency context. Now, therefore, be It ordained
by the Council of the City of Kenai, Alaska, as follows: Section 1. Use of the proceeds
of the 1t Sales Tax levied by Ordinance No. 267-75 for the retirement of prior year
deficits for any other purpose other than retirement of the deficit may be made only
after opportunity for public hearing on such other use has been afforded and five
members of- the Council have voted in favor of such other use at a regular meeting.
Seems, 2. This ordinance may be amended or repealed only by non -emergency ordinance"
f City Attorney, Janis Williams, advised that this ordinance was prepared at the request
of Councilman Whelan protecting the 1% sales tax for the retirement of deficit by not
t allowing it to be passed by an emergency ordinance appropriating it for something else.
Mayor Elson stated he felt that Ordinance No. 267-75 provided for these restrictions
and questioned the need for an additional ordinance.
- MOTION:
Colineilman Sweet moved, seconded by Councilman Morgan, to table the matter of
Ordinance No. 304-70, Regulation of Sales Tax for Retirement of Deficit.
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KLNAI CITY COUNCIL, REGULAR MHE'ING, JULY 7, 1976 PAGE 10
Councilman Ambarian inquired as to the reason for tabling the ordinance and Councilman
Sweet advised that lie wanted to wait until Councilman Wholan was present to explain
his reasons for the preparation of the ordinance.
Motion passed unanimously.
0-5: Rosolution_No. 70-30, accepting additional grant funds for the Water Proieet
Mayor Elson road Resolution No. 76-30, "a resolution of the Council of the City of Kenai
accepting additional funds in the amounts of $86, 550 and $69, 000 increasing the State
of Alaska, Department of Environmental Conservation's share to $309, 750 for the
construction of the Kenai Water System expansion. Whereas, the State of Alaska's
Department of Environmental Conservation has granted funds in the amount of $154,200;
and Whereas, the State of Alaska Department of Environmental Conservation has granted
the City increases in the amounts of $66, 550 and $69, 000 to be applied to the financing
of the Kenai Water System Expansion; and Whereas, the State of Alaska's Department of
Environmental Conservation requests that these funds be formally accepted by the Council
of the City of Kenai. Now, therefore, be it resolved that the additional funds in the amount:.
of $80,550 and $60,000 be hereby accepted thus increasing the State of Alaska, Department
of Environmental Conservation's share to $300, 750 for the construction of the Kenat Water
System Expansion.
MOTION:
00 Councilman Sweet moved, seconded by Councilman Ambarian, for approval of
Resolution No. 76-30, Accepting Additional Grant Funds for the Water Project.
Motion passed unanimously by roll call vote.
0-0: Resolution No. 70-31 - Transfer of Funds - Recreation Program
Mayor Elson read Resolution No. 76-31, " resolving that the Council of the City of Kenai
made the following transfer of monies within the 1970-77 General Fund Budget:
From: Recreation -Contingency - $15, 000. To: Recreation -Salaries - $3, 858; Recreation -
Benefits - $502; Reoreation-Operating Supplies - $4,800; Recreation -Repair a Maintenance
Supplies - $860; Reoreation-Small Tools a Minor Equipment - $200; Recreation-Alaehinery
and Equipment - $4, 700. The purpose of this resolution is to transfer budgeted dollars
to allow,for the development and implementation of the 1976-77 Recreation Program".
MOTION:
Councilman Hudson moved, seconded by Councilman Sweet, for approval of Resolution
No. 76-31, Transfer of Funds - Recreation Program.
Motion passed unanimously by roll call vote.
V.
KENAI CITY COUNCIL, REGULAR MEETING, JULY 7, 1976 PAGE 11
0-7: Ratification of Purchase of Vehicle for Recreation Program
Mr. Aber advised that the Recreation Vehicle is a 1976 half ton Chevrolet pick-up
for a purchase price of $4,700.
i MOTION:
Councilman Hudson moved, seconded by Councilman Sweet, for ratification of the
! purchase of the vehicle for the Recreation Program in the amount of $4, 700.
Motion passed by roll call vote. Voting yes; Hudson, Sweet, Ambarian, Ackerly and
Bison. Voting no; Morgan.
0-8: Resolution No. 76-32 - Transferring df Budgetinff of City Clerk position
Mayor Elson read the resolution by title only as sufficient copies were made available
to the public. "A resolution of the Council of the City of Kenai transferring budgeting
for the City Clerk position to the Legal Department".
City Attorney, Janis Williams, advised that this item was prepared at the request
of the Mayor in that since the Clerk is now appointed by Council, the position
should not have any financial relationship between the City Clerk and the City Manager.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of
Resolution No. 76-32, Transferring of Budgeting of City Clerk position.
Motion passed by roll call vote. Voting yes: Sweet, Morgan, Ambarian, and
Elson. • Voting no; Hudson and Ackerly,
a-9: Ratification of Purchase of Vehicle for Animal Control Program
{' Mr. Aber advised that the Animal. Control Program vehicle is a 1976 Chevrolet
piok -up (still under warranty) for a total purchase price of $4, 900.
MOTION:
' { Councilman Ambarian moved, --ccondad by Councilman lludson, for ratification
+ of purchase of vehicle for the Animal Control Program for a total purchase price
of $4,900.
Motion passed by roll call vote. Voting yes; Hudson, Sweet, Ambarian, Ackerly
_- and Elson. Voting no; Morgan.
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KENAI CITY COUNCIL, REGULAR MEETING, JULY 7, 1070 PAUR 12
0-10: Creation of Assessment District - Ahlatrom Subdivision
Mr. Barry Brogan, representing, Ms. Kathleen Iloll for, requested Council consideration
for the development of an Assessment District in Ahlstrom Subdivision. Mr. Brogan
stated he had boon advised that the City had no funds available for an Assessment
District , his client and other property owners involved, would finance initial
construction and upon completion, turn it over to the City. Councilman Sweet stated
in essence this would make the City the "middle man" and asked if Mr. Brogan
should not proceed with creating an Assessment District? Mr. Brogan replied that
he did not have the authority to charge the other people -- thus the reason for the
City taking the District over. Mr. Aber stated that Mr. Brogan's request is for
the same typo situation that occurred in Woodland.
After discussions on the cost factors, water supply situation, etc., Mayor Elson
stated he was at a loss as to why it was necessary for the City to get involved as the
developer is providing financing, the City would be acting as merely the collection
agent. City Attorney Williams explained the procedure for development of an
Assessment District. Councilman Hudson stated that the City ordinance does not
set out provisions of what the Council is considering. Councilman Sweet stated he
had no objections if the majority of the land owners are in favor of creating an
Assessment District. Miss Williams advised that the last step in forming the
Assessment District would be for Administration, in conjunction with the developer,
to come up with a feasbility study on costs, etc.
Mr. Aber advised that in his prior experience, the property owners formed an
Assessment District themselves meeting City specifications and standards and bore
the entire cost of construction, etc. After one year, the City would then take over ;
maintenance and responsibility for the Assessment District. Mr. Aber further stated
that he did not know if this method would be legal in Alaska.
Mayor Elson suggested that Mr. Aber obtain copies of ordinances and other pertinent
materials and working with the City Attorney, send this information to the Attorney
General for an opinion.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, that Council direct
Administration to explore the mechanics of Mr. Aber's suggestion for the formation
of Assessment Districts and to explore any other alternatives that may doom feasible.
Motion passed unanimously.
G-11: Assignment of Lease - Milton J./Geneva E . Stasek to National Bank of Alaska
• Mr. Aber advised that this "Assignment of Lease" from Milton J./Gonevd I.. Stasek
to the National Bank of Alaska concerned Lots 2 and 3, Block S, General Aviation Apron
Section 32, Township Q North, Range 11 West, Seward Meridian.
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1Q�.NA1 CITY COUNCIL, REGULAR M}sRTINU, JUI.Y 7, 1976
PAGE 13
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for approval of
Assignment of Lease from Milton J . and/or Genova R . Stasek to the National Bank of
Alaska for Lots 2 and 3, Block 5, General Aviation Apron.
Motion passed unanimously by roll call vote.
(3-12: Lease of Airport Land or Paeilities - W, E. Pletcher d/b/a Kenai Theatre Enterprises
Mr. Aber advised this lease to W. E. Pletcher d/b/a Kenai Theatre P.nterprises
was for Lot 12, Alyoska Subdivision, Section 5, Township 5 North, Mange 11 West,
Seward Meridian.
The term of this lease is for 55 years at the annual rental of $000.
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for approval of
lease to W. H . Pletcher d/b/a Kenai Theatre Enterprises for a torm of 55 years at
an annual rental rate of $900'.
Motion passed unanimously by roll call veto.
a✓
0-13: Lease of City Owned Dock - Salamatof Seafoods, Inc.
Mr. Aber advised that the City had been contacted by Mr. Waterer of Salamatof
Seafoods and Mr. Waterer requested a short-term lease of the clock facility for
off-loading for individual fishing; boats. Mr. Aber further stated that the dollar
figure has not yet been determined.
Councilman Sweet inquired if the City would be able to give Salamatof Seafoods
"first right of refusal" for a long-term lease in that they would make certain
improvements, otc. Councilman Hudson stated he did not believe that the City
could make a commitment for "first right of refusal" on lease of City awned lands.
MOTION:
Councilman Sweet moved, seconded by Councilman Ackerly, that the City of Kenai
enter into a "Permit for Use of Dock Facility" with Salamatof Seafoods, Inc. for a total
too of $250/month, deleting item 08 "Renewal" in total, and allowing Salamatof Seafoods,
Inc. "first right of refusal" and the right to match the highest bid received,on the
lease of the land received within a one year timo period.
Councilman Hudson stated he felt that in this time period, Salamatof Seafoods had the
capacity of making a great deal of money for a small fee for leasing the facility.
Councilman Morgan agreed with Councilman Hudson in that the "first right of refusal"
should not be given before it goes out to the public.
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KHNAI CITY COUNCIL, REGULAR MEETING, JULY 7, 1070
PAGE 14
QUESTION:
Motion failed by roll call vote. Voting no; Hudson, Morgan, Ambarian, and HIson.
Voting yes; Sweet and Ackerly. .
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, for approval of "Permit
for use of Doak Facility" to Salamatof Seafoods, Inc. for a total fee of $400, deleting
the following words in item ##4 "...and to not intended to grant any exclusive use to
the described premises unless otherwise provided above." and deleting all of item 4#8
"Renewal".
Motion passed unanimously by roll call vote.
0-14: Sale of Obsolete and Surplus Materials
Mr. Aber advised that the City had received a request from an individual who wanted
to buy the quonset but located at the Kenai Land Pill. Mr. Aber stated it would be
necessary to declare this item obsolete or surplus. Mr. Aber further advised that the
quonset but was in very poor condition and of no use to the City.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, that the quonset but
located at the Itenai Land Pill be declared obsolete and surplus and also that the City
approve the sale of said quonset but for a total purchase price of $50.
Motion passed unanimously by roll call vote.
0-18: Borouffh Foreclosure Parcels
Janis Williams advised the Council that per recommendation from the Kenai Planning
Commission, it was necessary, if the Council ,,o deemed, to declare a need for Lot 3,
Block H, Beaver Creek Alaska Subdivision and pay the necessary back taxes.
Mr. Aber advised that it would cost approximately $1104115 to pick up this lot from
the Borough.
Janis Williams further advised that it would necessary for the City to prepare a resolution
to sat this lot aside and an additional resolution to transfer the monies required.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, that Administration be .
directed to draw up the proper resolutions for Lot 3, Block H, Beaver Creek Alaska
Subdivision to be reserved for use as a future Fire Department Sub Stafion and for the
•Finance Department to prepare the necessary resolution transferring the funds for the
payment of taxes to,the Borough.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL, REGULAR MEETING, JULY 7, 1976
i
PAGE 15
H.
REPORTS
H-1:
City Mann er's Report
(a)
Utility Relocation Agreement - Mr. Aber advised on the the north portion of I1ome Site
Loop, the City has some utilities that must be relocated prior to paving by the State Iiigh-
way Department. Mr. Aber advised that it was necessary to get the materials ordered
so that the City crows would be ready when construction started. Mr. Aber suggested
that the monies could come out of the water/sewer budget.
MOTION:
Councilman Sweet moved, seconded by Councilman Hudson, that the Administration be
given approval to expend necessary funds for the relocation of City utilities on Borne Sito
Loop contingent upon such time that the State Highway Department advises the City that
the project is actually going to bid.
Motion passed by roll call vote. Voting yes; Hudson, Sweet, Morgan, Ackerly and
Elson. Voting no; Ambarian.
(b)
Animal Control Program - Mr. Aber advised that the City has located a facility which might;,
serve the purpose for a shelter for impounded animals. Mr. Aber stated that it would be
necessary to go to bid to determine the cost of moving this facility, etc. prior to a $
final determination of the facility.
(e)
EDA Water Project - Mr. Aber reported that the pro -bid conference had been held this i
morning and several people were in attendance, including; a few representatives from
firms from the "Lower 98". Mr. Aber also advised that the bid opening would be July 21st.
EDA required written request for the waiver of the water meters and Mr. Byrd, of EDA,
advised that he felt they could possibly be used as a deductive alternate.
(d)
FAA Planning Brant - Mr. Aber advised that there would be no possibilities for any
money being available until sometime in September since the Federal government is
changing its "fiscal year". ,
H-2:
City Attorney's Report Z
(a)
PEP Suit - the latest settlement offer is fairly reasonable -- the offer is for $35,670.
City Attorney Williams advised. she would be sending out a memorandum with regard
to this matter.
(b)
Employee's Suit -- Miss Williams suggested Council hold an executive session on this
matter at the next regular meeting of the Council.
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KENAI CITY COUNCIL, REGULAR MEETING, JULY 7, 1976
PAGE 16
11-3: Mayor's Report
Mayor Elson reported that Councilman Hudson had advised that he wished to resign
from the Borough Assembly and would be attending his last meeting the evening of
Tuesday, July 20th. Mayor I:lson, therefore, requested Council consideration of a
replacement for Councilman Hudson.
MOTION:
Councilman Sweet moved, seconded by Councilman Ambarian, for the appointment of
Mayor James Elson to the Kenai Peninsula Borough Assembly as Kenai's representative
from Council.
Motion passed unanimously.
H-4: City Clerk's Report
None
H-6: finance Director's Report
i
i
Mr. Kinney reported that he had attended a meeting regarding change in Revenue Sharing
regulations and was advised that the City would receive 90% wherein the City had budgeted,
for 100%. Also, the City's insurance carrier has advised that they would extend the coverall,
for one month until such time the City would be able to negotiate for other insurance.
Councilman Morgan inquired if the City could send the State the bill for the lighting in
the urban section and if the City has ever sent them, a bill for same? Mr. Kinney advised
that he had not found records of such a billing. -'
MOTION:
Councilman Sweet moved that the total bill for lighting be sent to the State until the matter
is resolved and that the City should also back- bill the State for the lighting service.
Motion died for lack of second.
Councilman Hudson suggested that Administration try to negotiate with the State with
regard to this matter.
11-6: Planninfe a Zoning Commission's Report
None
KENAI CITY COUNCIL, REGULAR MELTING, JULY 7. 1976 'PAGE 17
H-7: Kenai Peninsula Borough Assembly's Report
Councilman Hudson advised that the matter of Ordinance No. 76-38, Kenai Water Reserve,
had boon tabled until the next meeting of the assembly.
i
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD i =;
' I
None
i
There being no further business to be brought before the Council, Mayor Elson adjourned
the moeting at 1:15 p.m.
Respectfully submitted, f
Peter, City Clerk ty 1
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