HomeMy WebLinkAbout1976-08-04 Council MinutesA(IItN1)A
REGULAR MEETING - KENAI CITY COIINCIL
August 4, 1070 - 8:00 P.M.
PUBLIC SAFETY BUILDING
PLEDGE OF ALI.EGIANCF.
A. ROLL. CALL
AGENDA APPROVAL
B. PUBLIC HEARINGS
1.
2.
3.
4.
b.
C. PERSONS PRESENT SCHEDULED TO BP IIPARD
1.
2.
D. MINUTES
1. Minutes of the regular meeting of July 21. 1970
E. CORRESPONDENCE
1.
2.
F. OLD BUSINESS
1. Ord. 306-70 - Amending Ord. 267-75 - Dedication of It Sales Tax
2.Ord . 304-70 - Regulation of Sales Tax for Retirement of Deficit
3.1te-evaluation of Ord. 209-76, 170-00 •102-71 i Rea. 70-32 and possible
Charter changes
G. NEW BUSINESS
1. Bills to be paid, bills to be ratified
2. Ordinance No. 306-70 - Amending Kenai Municipal Airport Regulations
3. Resolution No. 70-39 - Transfer of Funda, City Manager. Applicants
4. Ratification of Expenditures - City Manager Applicants
5. Lease of Airport Facilities - Avis Rent-A-Car
0. Special Use Permit - Glacier State Telephone Co.
7. Cost Estimate No. 7 - Kenai Community Library Project
S. Payment to Consulting Engineer - Kenai Water Project
9. Police Car Bids
10.
H.
12.
Is.
14.
is.
H. REPORTS
1. City Manager's Report
2. City Attorney's Report
3. Mayor's Report
4. City Clerk's Report
S. Finance Director's Report
0. Planning 0 Zoning Commission's Report
7. Komi Peninsula Borough Assembly's Report
I. PERSONS PRESENT NtYI' SCIMOULED TO UP, HEARD
1.
2.
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KENAI CITY COUNCIL - REGULAR MEETING
August 4, 1976 - 8:00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Richard Morgan, Dan Whelan, Edward Ambarian, A. L. Hudson,
Walter Sweet and James Elson.
Absent: Tom Ackerly
AGENDA APPROVAL
There were no additions or deletions to the agenda as distributed.
At this time, Mayor Elson introducted Mr. John "Jack" Isadore from Florence,
Oregon, who was visiting the City interviewing for the position of City Manager.
B. PUBLIC HEARINGS
None
C. PERSONS PRESENT SCHEDULED TO BE HEARD
None
D. MINUTES
D-1: Minutes of the regular meeting of July 21, 1976
Councilman Morgan stated that in his comments with regard to the boat ramp,
he wished that his comments would be corrected to include that fishermen had
their cars and boats parked on the ramp and blocked access......
The minutes of the regular meeting of July 21st were app-oved as corrected.
E. CORRESPONDENCE
E-1: Kenai Peninsula Borough
Mayor Elson read correspondence received from the Kenai Peninsula Borough
with regard to a survey for the Planning Department which will be conducted in
August.
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KENAI CITY COUNCIL„ REGULAR MEETING, ALIOTIST 4, 1976 PAGE 2
E-2: National League of Cities - Washington Report
Mayor Elson advised that he had received information on a Bill relating to
Public Works. Mayor Elson instructed the Clerk to prepare copies for Council
for their review.
F. OLD BUSINESS
F-1: Ordinance No. 306-76 - Amending Ordinance 267-75, Dedication of 1% Sales Tax
Mayor Elson read Ordinance No. 300-76, "an ordinance of the Council of the City
of Kenai amending Ordinance No. 267-75, and Section 7-27 of the Code of the City
of Kenai. Whereas, the Council has determined that it is more advantageous to
the City to dedicate 1% of the Sales Tax to retirement of prior year deficits rather
than to the Debt Service Fund. Now, therefore, be ordained that: Section 7-27(b)
of the Code of the City of Kenai as amended by Ordinance 267-75 to hereby further
amended to read in its entirety as follows: (b) One-half of the revenues of the
consumers' sales tax levied by Section 7-25(b) is dedicated to be applied to the
` retirement of prior year deficits and to meet cash restriction requirements".
City Attorney, Janis Williams, advised that the Ordinance was amended per
discussions at the last meeting of the Council dedicating the 1% sales tax to the
retirement of prior year deficits rather than to the Debt Service Fund.
MOTION:
Councilman Hudson moved, seconded by Councilman Whelan, for the introduction
of Ordinance No. 306-76 - Amending Ordinance No. 267-75, Dedication of the 1%
Sales Tax.
4.
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Hudson, Sweet and
Elson. Voting no; Ambarian.
F-2: Ordinance No. 304-76 - Regulation of Sales Tax ?or Retirement of Deficit
r Mayor Elson read Ordinance No. 304-76 by title only as sufficient copies had
been made available for the public. "An ordinance of the Council of the City of
Kenai, Alaska, regulating the use of the proceeds of the 1% sales tax levied for
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retirement of prior year deficits".
- MOTION:
Councilman Sweet moved, seconded by Councilman Whelan, for introduction of
Ordinance No. 304-76, Regulation of Sales Tax for Retirement of Deficit.
KENAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1976
PAGE, 3
Councilman Ambarian advised that he would vote against introduction for, various
reasons including the fact that at times it is difficult to pass items through Council
when just five members are present.
Mayor Elson stated that he also had some reservations with regard to this ordinance
as he felt that the ordinance gave the public false security -- the City can over -expend
which would then supersede the stipulations of the ordinance.
QUESTION:
Motion failed by tie vote. Voting yes; Morgan, Whelan, and Sweet. Voting no;
Ambarian, Hudson and Elson.
F-3: Re-evaluation of Ordinance No. 299-76, 176-69 & 192-71 and Resolution No. 76-32
and possible Charter Changes
City Attorney, Janis Williams, advised Council that the questions which needed to
be determined on whether or not the City Clerk should be head of the Finance
Department, whether or not the City Clerk should be under the jurisdiction of the
Council and whether or not the ..uuncil should ratify selection of Department Heads.
City Attorney Williams stated that the first proposed Ordinance would repeal the
ordinances in question and Mayor Elson inquired if these ordinances should be
repealed prior to taking the matter to the voters. City Attorney Williams stated
that these ordinances were in conflict with the Charter. Councilman Hudson stated
that the Charter specifies that any changes are not effective until thirty days after
the election.
City Attorney Williams advised that decisions must be made tonight in order
to include the matter on the ballot. Councilman Ambarian stated he would be reluctant
to make a charter change without reviewing the entire Charter to determine if any
other areas are in need of changes, etc. Councilman Whelan stated that he would
afire.- except these problems needed to be resolved immediately. Councilman Hudson
stated that he felt the Council should not do away with ordinance that sets up the
Finance Department -- the other ordinances in conflict with the Charter could
be repealed and would not interfere with the operations of the City.
MOTION:
Councilman Morgan moved, seconded by Council Whelan for adoption of Resolution
No. 76-39, providing that the City Clerk be appointed by Council.
Councilman Hudson stated he failed to understand why the Council wants to set aside
a position without supervision. Councilman Morgan stated that the City Clerk position
has been under the City Manager for years and in the past the records of the City
had not been properly maintained. Councilman Hudson suggested that if the Council
wished action to be taken in this regard, simply advise the City Manager to exercise
authority as instructed by Council.
4 11 KENAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1976 PAGE 4
MOTION:
Councilman Morgan moved, to amend his motion by deleting the reference (Council)
throughout the Resolution.
Councilman Sweet inquired if it would not be possible to pass the basic resolution
calling for changing of the Charter and then go through step by step of each Section
of the Resolution and add those changes.
MOTION:
Councilman Morgan moved, seconded by Council Whelan, to amend as follows:
First Whereas - .....and provided that the City Clerk be appointed by the
Council - delete.
Section 2-5 - delete (.....with approval of Council...) and (Council).....
Section 3-4 - Delete reference to (City Clerk) in both instances.
Section 3-5 - Delete (City Clerk) .
Section 4-3 - Delete (City Clerk) .
Councilman Whelan inquired if the intent of the motion was to separate the City
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Clerk from the Finance Department and Councilman Morgan replied that this was
his intent.
1 QUESTION:
Motion passed unanimously by roll call vote.
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, to table
the matter of Resolution No. 76-39, until policies have been established with regard
to this matter.
Motion passed by roll call vote. Voting yes; Morgan, Ambarian, Hudson, Sweet.
b' Voting no; Whelan and Elson.
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_= MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, that the City Clerk
f be appointed by the City Administrator. After discussion, Councilman Hudson
withdrew his second. Motion died for lack of second.
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KENAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1976 PAGE 5
MOTION:
Councilman Sweet moved, seconded by Councilman Whelan, that the City Clerk
be appointed and discharged by the City Council.
At this time, Mayor Elson read excerpts from the Charter with regard to the duties
and to the appointment and removal of employees.
QUESTION:
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Sweet and Elson.
Voting no; Ambartan and Hudson.
Councilman Morgan stated that there had been some problems in the past wherein
the Finance Director might have been subordinant to the City Manager and felt
there was a need to clarify the Finance Director position.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, that all Department
Heads, when appointed or terminated, shall be ratified by the City Council.
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, to amend the motion
by deletion of the word all and in place thereof place the words "Finance Director".
QUESTION - AMENDMENT
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Sweet and Elson.
Voting no; Ambarian and Hudson.
QUESTION
Motion as amended failed by tie vote. Voting yes; Morgan, Whelan and Sweet.
Voting no; Ambarian, Hudson and Elson.
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, to bring Resolution
No. 76-39, as amended, back to the Council table.
Motion passed unanimously.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, that Resolution
No. 76-39 be amended as follows:
First Whereas - include .....and provided that the City Clerk be appointed by
the Council......
Section 2-5 - City Clerk shall be appointed by the Council.... .
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KENAI CITY COUNCIL, REGULAR MEETING, AUGUST' 4 ,1076 PAGE 6
001, Section 3-4 - Delete all references to "City Clerk" and also delete ......with approval
by a vote of a majority of all the members of the Council.. .
Section 3-6 - Delete "City Clerk".
Section 4-3 - Delete "City Clerk".
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Ambarian,
Sweet and Elson. Voting no; Hudson.
Mayor Elson instructed the Legal Department to send out the proposed ballots
prior to election for Council review.
City Attorney Williams advised that the next step would be for Council to repeal
Ordinance No. 192-71.
MOTION:
Councilman Sweet moved, seconded by Councilman Ambarian, for introduction
of Ordinance 307-76, repealing Ordinance 192-71.
Motion passed by roll call vote. Voting yes; Morgan. Whelan, Ambarian,
Sweet and Elson. Voting no; Hudson.
G. NEW BUSINESS
G-1: Bills to be paid - Bills to be ratified
Mr. Phillip Aber, Acting City Manager, explained the bills as listed and recommended
approval.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for approval of
those items listed for payment and approval of those items listed for ratification.
Motion passed unanimously by roll can vote.
Ordinance No. 305-76 - Amending Kenai Municipal Airport Regulations
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r 1 Mayor Elson read Ordinance No. 305-76 by title only as copies had been made
available to the public. "An ordinance of the Council of the City of Kenai, Alaska,
- amending the 1070 Kenai Municipal Airport Regulations".
__. City Manager Aber advised that the Federal Aviation Administration had requested
f : these changes to the airport regulations.
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KKNAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1976
PAGE 7
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for introduction of
Ordinance No. 306-76, amending the 1976 Kenai Municipal Airport Regulations.
Councilman Hudson stated he would question this request for changes as perhaps
the representative of the FAA did not have the authority.
QUESTION:
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Hudson, Sweet and
Elson. Voting no; Ambarian.
G-3: Resolution No. 76-38 -
G-4: Ratiffeatlon of Rxna"di
City Manager Aber advised that this resolution was prepared for the transfer
of funds to allow for the necessary expenditures incurred by City Manager applicants
for travel and lodging expenses.
MOTION:
Councilman Whelan moved, seconded by Councilman Ambarian, for passage of
Resolution No. 76-38, transferring of funds for City Manager Applicants and the
ratification of expenditures for City Manager Applicants.
Motion passed unanimously by roll call vote.
G-S: Lease of Airport Facilities - Avis Rent-A-Car
City Manager Aber advised that this lease for Council Space #28 and 18 sq. ft.
of Cargo Space for a term of one year at an annual rental rate of $814.32 plus
amounts as specified in Schedule A attached to the lease. Administration recommended
approval of lease to Avis.
MOTION:
Councilman Hudson moved, seconded by Councilman Sweet, for approval of lease
of airport facilities to Avis Rent-A-Car for a term of one year and at an annual
rental rate as specified in the lease agreement.
Councilman Ambarian inquired if the car rental agencies could not be given another
area rather in front of the airport terminal for washing of their automobiles.
Councilman Morgan concurred.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, to amend the
motion to include that a space would be provided by the City for the washing
of rental cars rather than in front of the Terminal Building.
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KENAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1976 PAGE 8
Discussion followed and Mr. Aber advised that the City would provide an area
adjacent to the City parking lot.
QUESTION - Amendment
Motion failed by roll call vote. Voting no; Morgan, Whelan, Ambarian, Sweet
and Elson. Voting yes; Hudson.
QUESTION
Motion passed unanimously by roll call vote.
G-6: Special Use Permit - Glacier State Telephone Company
Mr. Aber advised that this special use permit was to allow the use of the street
right-of-way between Lots 4 and 5, Cook Inlet Industrial Air Park, for storage
of poles and wire. Administration recommended approval.
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for approval
of Special Use Permit to Glacier State Telephone for use of the street right-of-way
between lots 4 and 5, CHAP, from the 4th day of January, 1976 through the 30th
of June, 1977 for a total fee of $112.50.
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Ambarian,
Hudson and Elson. Voting no; Sweet.
G-7: Cost Estimate No. 7 - Kenai Community Library Project
Mr. Aber explained the items listed on Cost Estimate No. 7 and recommended
payment in the amount of $35,506.02 to Coastal Gamble.
MOTION:
Councilman Morgan moved, seconded by Councilman Hudson, for payment of
Cost Estimate No. 7, in the amount of $35, 506. 02 to Coastal -Gamble for the Kenai
Community Library Project.
Motion passed unanimously by roll call vote.
G-8: Payment to Consulting Engineer - Kenai Water Project
Mr. Aber advised Council that the statement submitteA by Harold H. Galliett, Jr.
was for professional engineering services for the Kenai Water Supply and
Distribution System Improvements. The total payment requested is $41,316.69
and Administration would, therefore, recommend payment as the engineer has
fulfilled 75% of his commitment.
KENAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1976 PAGE 9
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for payment to
Harold H . Galliott, Jr. in the amount of $41, 316.69 for engineering services
performed on the Kenai Water Well Project (EDA Project No. 07-01-01684) .
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Ambarian, Hudson,
and Sweet. Voting no; Elson.
G-9: Police Car Bids
Mr. Aber advised that no bids had been received and Chief Ross had contacted
the local dealers and they indicated that they had had some difficulty in obtaining
1977 prices, etc. After discussions, these dealers felt they would be able to submit
bids and would proceed accordingly.
H. REPORTS
H-1: City Manager's Report
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(a) Airport Liaison Position - Mr. Aber advised that he had one applicant who was quite
qualified but had been referred to the City by a Placement Agency in Anchorage.
If this person were to be hired, the placement fee would run approximately $4, 000. 6
It was the consensus of Council that the City would not pay a placement fee and
requested that the City Manager continue his search for an individual to fill the
position.
(b) Dry Storage Facilit
y ty - Mr. Aber reported that it would cost approximately f3,000
plus an additional $1,600 for electrical to heat and light the building. Mr. Aber
requested Council approval to proceed with the ordering of the needed equipment
and Administration would return at the next meeting with a resolution transferring
the proper funds.
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MOTION:
Councilman Sweet moved, seconded by Councilman Hudson, for authorization
for Administration to prepare the proper resolution and paperwork for the purchase
of necessary equipment for lighting and heating of the Dry Storage Facility not
to exceed a determined amount of $4,600.
Motion passed by roll call vote. Voting yes; Whelan, Ambarian, Hudson, Sweet
and Elson. Voting no; Morgan.
(c) Forest Drive Water Line - Mr. Aber stated that the Highway Department assured
the City that Forest Drive would be paved this Fall. The City had held pre -bid
conferences with regard to the construction of a water line and the bid opening
will be Tuesday, August kith.
KENAI CITY COUNCIL, I LIGULAR MEETING, AU(IUST h, 1070
PAGE, 10
(d) Assignment of Lease - Edward A. Ferguson to Yoshi and Ruth Shiohira.
Mr. Aber advised Council that Mr. Ferguson had paid all back payments owing
the City with regard to Lots 1, 2, and 3, in (lusty Subdivision. Mr, Ferguson
had not complied with City requirement of a Certificate of Insurance on file with
City plus the Borough had advised that taxes were outstanding on the lots in question.
Mr. Edward Garnett, representing Mr. Ferguson, advised Council that he had
contacted the Borough and it was determined there wore some areas of difficulty
with regard to the back taxes owing and also Mr. Ferguson had given Mr. Harnett
monies to be sot in escrow for the payment of these taxes when amounts were
determined by the Borough. Mr. Garnett further advised that he would moo that
the City was in receipt of a Certificate of Insurance as well as verification that the
taxes had boon resolved and, therefore, requested Council approval for the
Assignment of Lease.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for approval of
Assignment of Lease from Edward A. Ferguson to Yoshi and Ruth Shiohira for
Lot 3 of Gusty Subdivision, upon receipt of Certificate of Insurance and verification
that all back taxes have boon paid in full.
AMENDMENT:
Councilman Morgan moved, seconded by Councilman Whelan, to amond the motion
44 to include payment of taxes or escrow arrangements satisfactory to City Attorney.
Motion for amendment failed by roll call vote. Voting nos Ambarian, Hudson,
Sweet, and Elson. Voting yes; Morgan and Whelan.
QUESTION:
Motion passed unanimously by roll call vote.
MOTION:
Councilman Sweet moved, seconded by Councilman Hudson, for authorization
that Administration review all leases and determine that all leases meet all requirements,
lease payments are current, do. and that all leases not meeting this criteria
be terminated.
Motion passed unanimously by Council.
MAYOR AND COUNCIL: QUESTIONS AND COMMENTS:
(I) Councilman Ambarian inquired as to the schedule for the paving of the street
by the Chamber of Commerce and Mr. Aber advised he would chock on the time
element with the contractor.
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KENAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1976
PAGE 11
(2) Councilman Ambarian also inquried as to the uncollected water/sewer billings
and was advised that the delinquent individuals had been contacted, some have
beer shut off and others would be taken to Small Claims Court.
(3) Dock Road - the Public Works Department has hauled considerable amount of
materials to fill in the road -- work will probably continue for another week or two
so that the road will hold up against the tides.
(4) Councilman Ambarian inquired as to the procedure of accounting for the swapping
of sand and gravel between the City and local contractors. Mr. Aber advised that
no accounting had been taken but an estimate would be made. Councilman Ambarlan
requested L :at a value of the City owned material be determined so that an equal
amount of material is traded.
(5) Councilman Morgan asked the status of the Animal Control Shelter and was advised
that the bid opening for either the moving of a facility to the City Yard or the construction
of a facility would be held on August 9th.
(0) Councilman Morgan inquired as to the investigation being made into Assessment
Districts (Ahlstrom S/D and John Williams' S/D) and was advised by Mr. Aber
that Administration had not gathered all the pertinent information together at this
time.
H-2: City Attorneys Report
(a) PEP Suit - City Attorney Williams advised that the City's counter offer had been
submitted and the State had not responded as of this date.
(b) City Attorney Williams requested an Executive Session regarding water/sewer rates
immediately following the meeting.
(a) Policy on City Service Organizations and Fund Raising - City Attorney Williams
advised that the Finance Department was in the process of determining all the
City organizations and status of their funds. Councilman Morgan asked for the
Finance Director's opinion with regard to this matter and Mr. Kinney stated he would
like to see the various City organizations submit a report of their finances to the
City but felt actual disbursement of funds, etc. should remain within the
organization.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, that the City Attorney
be directed to draw up a resolution acknowledging the Council's realization that
funds raised by auxiliary organizations directly related to the City functions which
do not entail City equipment, facilities or materials, are outside the financial
Jurisdiction of the City Finance structure.
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KENAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1976 PAGE 12
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Hudson, Sweet
and Elson. Voting no; Ambarian.
H-3: Mayor's Report
Mayor Elson advised of the Alaska Municipal League Board of Director's meeting
to be held at the Sheffield House starting at 2: 00 p.m. on Friday, August 6th.
H-4: City Clerk's Report
None
H-5: Finance Director's Report
Finance Director, Ross Kinney, advised that the annual audit was in progress and
was going along quite well.
H-6 Planning and Zoning Commission's Report
Councilman Ambarian reported that the Commission gave permission to amend c
the application for extraction of natural resources for the Bergen Gravel Pit. Also,
Mr. Ike Waits of the Borough was in attendance at the meeting and held a work session
on the revision of the zoning ordinance.
H-7: Kenai Peninsula Borough Assembly's Report
Mayor Elson reported that the item of particular Interest to the City of Kenai, Ordinance !
76-38, Kenai Water Reserve, will be brought up again in sixty days.
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Mayor Elson reported on other agenda items brought before the Assembly and action
thereon.
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I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
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EXECUTIVE SESSION
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MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, that the Council
immediately go into an Executive Session for the discussion of water/sewer rates.
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Motion passed unanimously by Council.
r' KENAI CITY COUNCIL, REGULAR MEETING, AUGUST 4, 1970
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Public meeting for the Kenai City Council reconvened at 12: 30 p.m.
There being no further business to be brought before the Council of the City of Kenai,
Mayor Elson adjourned the meeting at 12: 30 p.m.
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Respectfully submitted,
Sui C . Peter, City Clerk
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