HomeMy WebLinkAbout1976-10-06 Council MinutesA U V N D A
ItEOULAit MI:1 TINO kICNAI CITY COUNCIL
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ACHNi)A APPROVAL
P,LRCTION Oil OCT0142 5, 1076 - ('ANVASS OF isALLOTS
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1. Ordinance Ile, 312-76 - Pntnhfb.hirlff 11roeoduren for Bale of City. -Owned Lands
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I)XIISONR PRRSPNT SCHUDULM) TO RE HEARD
I. Mr. Ted Carron roprenenting Yonhi and Ruth Shiohira
2, Mrs. Ruby Coyle
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MINUTRft
1, bllnuton of the Regular Meeting of September 15, 1970
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COIt1 UMIONDI:NCR
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1. Statemont Received from Air, Gordon Tibbets
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1. Kent Irika Club Leslie Hato Determination f
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1. 111116 to be Paid - Bills to be Hatified
2. Ordinanco No. 313-70 - Amenclbsg Y.cnni Community Idbrary Orant
3, Ordinance No, 314-70 - Special Deferred Ausensments in eartnin tV/$ Improve, Dint.
4. Ordinance No. 210-76 - Requiring Anncnamenta he made currant at transfer of title
5. Ordinance No. $10-70 - Amending 1970 Kenai Municipal Airport Regttlntions '
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0. Resolution No, 70-52 - Inrsurnace Promfume
7, Ronolutfon No, 70-53 - 8(mior Chiron Nutritional Grant
8, Payment to 11468 - Forest Drive Water Line Project - Heaolution No, 70-54 `
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9. Ratification of Vote - Change Order 01 and p2 - Forest Drive Water Lino Project I
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1, City 111anaKer's Report
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2. City Attm'ney'a Report
S. Mayor's Report
4. City Clerk's Ito"
5. Finance Director's Report
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6, Pfsnning L Zoning Cnmmfssfon's Report
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7. Komi Peninsuln Borough Assombly'a Report
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PPR90N8 PRPOP,NT NOT SCHEDULED TO BP. HP•ARD
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I, Mr. Art Evaue
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KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 8, 1976 - 8: 00 P.M.
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: None
AGENDA APPROVAL:
There were no additions to the agenda, however, City Manager Wiso advised
that item 0-8 would be Resolution 78-54, payment to PRsS - Forest Dr. Water Project.
ADJOURN FOR PURPOSE OF CANVASSING THE BALLOTS OF THE 10-5-78 ELECTION
With no objection from the Council, Mayor Elson adjourned the regular meeting of
the Council of the City of Kenai for the purpose of canvassing the ballots of the
City election held October 5, 1876.
At this time, Councilman Whelan asked that he be excused from the canvass of ballots
and would, therefore, abstain from voting on any issues with regard to the canvass.
City Clerk Sue Peter advised that she had contacted the Election Supervisors office
In Anchorage to determine the eligibility of those voters who had been questioned
and challenged. Those voters whose ballots were ineligible were contacted and
properly registered and/or notified as to the reason their ballot had been questioned.
The Clerk, therefore, determined that there were 18 challenged or questioned ballots
that are acceptable.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, that the two questioned
ballots found ineligible not be accepted as they are not in acceptance with the
voting regulations of the City of Kenai and exclude these ballots from the canvass.
Motion passed by roll call vote with Councilman Whelan abstaining.
Mayor Elson Instructed the Clerk to proceed with the tallying of the absentee
and questioned and challenged ballots.
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KENAI CITY COUNCIL, REGULAR MEETING, OCTOBVII 6, 1976
Page 2
Mayor Elson announced the final tally of the Annual City Election of October 5, 1976:
Borough Assembly - MIrs. Jo Ann Elson - 387
City Council - Betty J . Glick - 267
Mike Huss - 191
Dan Whelan - 296
Proposition I - Yes; 235 - No; 135
Spoiled Ballots - O
Challenged Ballots - 18
Absentee Ballots - 4
Total Ballots Cast - 409
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, that the Council of
the City of Kenai, Alaska, do hereby certify the results of the canvass of the
ballots for the annual election of October 5, 1976 has announced by Mayor Elson.
Motion passed unanimously by roll call vote with Councilman Whelan abstaining.
OATH OF OFFICE
Mayor Elson instructed the Clerk to administer the Oath of Office to new Council
members Dan Whelan and Betty Glick.
Mayor Elson also requested that the Clerk advise the Kenai Peninsula Borough
of Mrs. Jo Ann Elson's selection to the Assembly.
RECONVENE - REGULAR MEETING OF OCTOBER 6, 1976
B. PUBLIC HEARINGS
B-1: Ordinance No. 312-70 - Establishing Procedures for Sale of City -Owned lands
Mayor Elson read the following: "an ordinance of the Council of the City of Kenai,
Alaska establishing procedures for the sale of City -owned lands. Whereas, the
Code of the City of Kenai at present contains no provisions relating to the sale of
real property by the City; and Whereas, the Council desires to establish procedures
for the sale of City -owned lands. Now, therefore be it ordained by the Council of
the City of Kenai as follows: That the Code of the City of Kenai is hereby amended
by adding to Chapter 20, Lands, a new Article IV which shall read in its entirety
as follows: " Mayor Elson advised that as there were several sections included in
the ordinance those individuals who wished to review them could do so by obtaining
copies of the ordinance at City Hall.
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KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6. 1976
PAOF. 3
Mr. Wise advised that Administration felt this ordinance was viable and would enable
the City to proceed with the sale of various City -owned lands.
Mayor Elson opened the hearing to the public. There being no input from the public,
the hearing was returned to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of
Ordinance No. 312-76, an ordinance of the Council of the City of Kenai establishing
procedures for the sale of City -owned lands.
Motion passed unanimously by roll call vote.
C . PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Mr. Ted Carson representing Yoshi and Ruth Shiohira
Mr. Carson came before Council to request Council consideration on two items that
have directly affected the Shiohlras. The first being that they paid monthly sewer
charges at their present location when in fact it was discovered that they were not
even hooked into the City sewer system. Mr. Carson requested that the Council re-
bate these sewer charges on the property they now occupy for the time period they
were not hooked into the system. Also, Mr. Carson advised the Council that at the site
where the Shichiras are building a new facility, it has been found that it will coat
considerable amount of money to tie into the sewer system as erroneous information
had been given to them from City Hall with regard to placement of the sewer line.
Mr. Carson requested that the City compensate them for the cost of the new sewer line
to be brought on their property.
Councilman Ambarian suggested that the Council defer action until Administration has
had the opportunity to submit proper information on this matter. Councilman Morgan
stated he felt that the City should immediately rebate funds to the Shlohiras for the
time period in which they paid sewer charges to the City when in fact they were not
hooked into the sewer system. Councilman Whelan stated he felt it was the responsibility
of the City to verify that a user is hooked up to the system prior to billing.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, that the City of Kenai
refund erroneous sewer charges for the time period that the Shiohiras, at their present
location, were not hooked into the City sewer system.
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL, REGULAR MEETING, OCTOPER 6, 1976
PAGES 4
With regard to the matter of the new sewer lino to the site of construction, Mayor Elson
stated that he believed the prior lease holder installed the sewer system and perhaps
could advise of the exact statistics. Mr. Carson advised that Doyle Construction
will be beginning work in the very near future on the installation of the line and as
his client had come to the City and was given information which they relied upon,
that his client must start construction without further delay. Mr. Wise requested that
the Shiohiras submit cost data to the City as soon as it has boon verified by the contractor.
Mr. Carson asked that this matter be placed on the next agenda under "Persons Present
Scheduled to be Heard".
C-2: Mrs. Ruby Coyle
Mrs. Coyle reminded Council that a group of citizens from the outlying areas of the
City had presented a petition to the Council on the differential tax zone and this group
feels that the City has not given their petition proper consideration. Mrs. Coyle further
stated that the report submitted by the Administration with regard to this matter had
been biased. Councilman Ambarian stated that at the time the Council received the
petition and report the Council did request further study into the matter. Councilman
Morgan stated that he felt Councilwoman Glick should be given an opportunity to review
the report. Mayor Elson suggested that a work session be scheduled -- with Council
concurrence, a work session was scheduled for Thursday, October 14th, Kenai Public
Safety Building at 7: 30 p.m.
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Another matter which Mrs. Coyle requested Council consideration was with regard to
street maintenance of Barabara Drive. Mrs. Coyle stated she had learned that monies
were now available through the Local Trails and Roads funds and asked that some of
these monies be used for gravel and repair on Barabara Drive. Mr. Wise advised
that though the City had the responsibility to maintain Barabara Drive, there were no
funds available to do so. It will be necessary to have the Planning Commission and the
City Council make determinations as to priority projects for use of the funds from the
Local Trails and Roads before these funds can be allocated Mr. Wise further advised.
Mrs. Coyle requested that it be a matter of record that she felt the local citizens should
not have to maintain their streets themselves as is the case of Barabara Drive.
D. MINUTES
D-1: Minutes of the Regular Meeting of September 15, 1976
There being no additions or corrections, the minutes were approved as distributed.
E. CORRESPONDENCE
E-1: Billing from Mr. Gordon Tibbetts
Mayor Elson advised that Administration requested Mr. Tibbetts' statement be
noted as received by the Council. Mr. Wise advised that this billing was for the period
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KENAI CITY COUNCIL, REGULAR. MEETING, OCTOBER 6, 1976
PAGE 5
of time Mr. Tibbetts business was required to close by the City and for expenses incurred
by his attorney. Mayor Ylson requested that background information on this matter be
compiled and put on the next agenda of the Council.
F. OLD BUSINESS
F-1: Kenai Elks Club Lease hate Determination
Mr. Wise advised Council that the Elks Club has submitted verification of in -kind
work performed on the park adjacent to their facility for the years 1972 through 1975.
Mr. Wise further stated that the question here would be how to validate the data and
also in -kind labor does not meet the requirement for reimbursement to the Airport Fund.
Mayor Elson explained the terms of the lease and the letter from a former City Manager
altering the terms of the lease. Councilman Sweet stated that the City had no choice
but to accept the in -kind contribution plan for the years 1972 through 1075 but should
renegotiate the terms of the lease from this date on. Mayor Elson reminded the Council that
tho past in -kind contributions may not be acceptable to tho FAA and the City would then
have to reimburse the Airport fund for theze past years in which we are in non-compliance.
Councilman Whelan suggested rather than make a transfer of funds -- check with the FAA
to see if the City would be held in non-compliance for the past on this particular piece of
leased property. Mr. Wise recommended that the terms of the renegotiated lease be
determined as soon as possible and the lease go on a cash basis immediately.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, that tho City accept the
in -kind contribution from the Elko Club for tho years 1972 through 1075 and a new lease
be renegotiated immediately with the Kenai Elks Club on a cash only basis.
Motion passed unanimously by roll tail vote.
0. NEW BUSINESS
0-1: Bills to be paid - bills to be ratified
Mr. Wise advised that all bills for payment and ratification were budgeted items and
recommended approval.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, for approval of those items
listed for disbursement and approval of those items as listed for ratification.
Motion passed unanimously by roll call vote.
G-2: Ordinance No. 313-70 - Amending Kenai Community Library Grant
Mayor Elson read Ordinance No. 313-76, "an ordinance of the Council of the City of
Kenai appropriating $20,000 to the Capital Projects Fund entitled "Kenai Community
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KENAI CITY COUNCIL, REGULAR MEE2'ING, OC1'OI�I{ft 8, 1976 PAGE 6
' Library" and increasing estimated revenues, entitled "Kenai Community Library
Grant" in the amount of $10,000 and donations from the Friends of the Library in the
amount of $10,000. Whereas, the City of Kenai has previously received a grant from
the State of Alaska in the amount of $356, 506 for the construction of a library; and
Whereas, $50,000 of this grant was allocated for furnishing and bids received for
these items exceeded this amount; and Whereas, the State of Alaska has increased
the original grant by $10, 000 provided the City of Kenai mateheo this amount; and Whereas,
donations in the amount of $10,000 from the Friends of the Library have been deposited
with the City of Kenai in a Special Revenue Fund; 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 increase
estimated revenues and appropriations as follows: Capital Projects Fund: Increase
Estimated Revenue - Kenai Community Library State Grant - $10,000; Donations -
Friends of the Library - $10,000. Increase Appropriations: Kenai Community Library
Furnishings - $20, 000" .
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, for introduction of
Ordinance No. 313-76, an ordinance of the Council of the City of Kenai appropriating
$20,000 to the Capital Projects Fund entitled "Kenai Community Library" and increasing
estimated revenues, entitled "Kenai Community Library Grant" in the amount of
$10,000 and donations from the Friends of the Library in the amount of $10,000.
Motion passed unanimouly by roll call vote.
G-3: Ordinance No. 314-76 - Special Deferred Assessments in Certain Water/Sewer
Improvement Districts
Mayor Elson read Ordinance No. 314-76 by title only, "an ordinance of the Council
of the City of Kenai clarifying the status of Special Deferred Assessments in certain
water and sewer improvement districts". Mayor Bison advised that copies of
Ordinance No. 314-76 were available at City Hall.
Mr. Wise advised that this ordinance was prepared in order for the City to have
a rule of policy with regard to these matters as to how various assessments are paid
Off.
MOTION.,
Councilman Morgan moved, seconded by Councilman Whelan, for introduction of
Ordinance No. 314-76, an ordinance clarifying the status of Special Deferred
Assassments in certain water and sewer improvement districts.
Motion passed unanimously by roll call vote.
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' KENAI CITY COUNCIL, REGULAR MEETING , OCTOBER 6, 1976
PAGE 7
/°�; 0-4: Ordinance No. 315-70 - Requiring Assessments be made current at transfer of title
Mayor Elson read Ordinance No. 315-76, "an ordinance of the Council of the City
of Kenai requiring that assessments be made current at the time of transfer of title.
Whereas, the Council finds that it is essential to have assessments current at the
time of transfer of title. Now, therefore, be it ordained as follows: The Code of
the City of Kenai is hereby amended to add now Sections 16-22 and 16-23 which shall
read as follows: Payment of Assessments Upon Transfer of Title - Section 18-22:
All past due installments on any special assessments levied on property in any improve-
mont district within the City of Kenai shall be paid in full with applicable interest
and penalty prior to the time any transfer of title to that property is duly recorded
in accordance with statute. The transferor of the property shall be responsible for
insuring that the provisions of this section are complied with. Penalty - Section 16-23:
Any person who violates the provisions of Section 16-22 is builty of a misdemeanor
and punishable by a fine not to exceed $300. The penalty provided for herein shall not
bar regular foreclosure proceedings provided for by statute."
Mr. Wise advised that at the present time, there is no assurance here in Kenai to the
buyer that the property is clear -- therefore, the City is providing that assessments
be made current at the time of the transfer of the title.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for introduction of
f Ordinance No. 315-76, requiring that assessments be made current at the time
of transfer of title.
Motion passed unanimously by roll call vote.
G-5: Ordinance No. 316-76 - Amending 1976 Kenai Municipal Airport Regulations
Mayor Elson read Ordtnanco No. 316-76, an ordinance of the Council of the City
of Kenai amending the 1076 Kenai Municipal Airport Regulations by title only and
advised the public that copies of the entire transcipt of the ordinance were available
at city Hall.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction
of Ordinance No. 316-76, an ordinance of the Council of the City of Kenai amending
the 1976 Kenai Municipal Airport Regulations.
Motion passed unanimously by roll tail vote.
G-6: Resolution No. 76-62 - Insurance Premiums
Mayor Elson read Resolution No. 76-52, "be it resolved by the Council of the
City of Kenai that the following transfer of monies be made within the 1970-77
60 General Fund Budget. From: Contingency - $(7,889) To: Non -departmental
Insurance - $7,899. The purpose of this resolution is to transfer budgeted dollars
for the purpose of paying insurance premiums for the City of Kenai" .
1 KLNAI CITY COUNCIL, REGULAR M1,1:T1NG. OCTOBER 9, 1976
PAGE 8
Mr. Wise advised Council that this resolution provided the City to meet obligations
r^ on insurance premiums due.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of
Resolution No. 76-52, transferring of funds for payment of City of Kenai insurance
premiums.
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Motion passed unanimously by roll call vote.
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0-7: Resolution No. 76-53 - Senior Citizen Nutritional Grant
Mayor Elson read Resolution No. 76-63, a resolution of the Council of the City
Of Kenai authorizing the City Manager to apply for State of Alaska Council on Aging
Title VII Nutrition Program grant. Whereas, the City recognizes that there is a
need on the part of senior citizens for nutritionally sound hot meals, and Whereas
there is a federal program administered through the State of Alaska, Council on
Aging, which could help the City provide such meals, and Whereas, the City of
Kenai cannot qualify for a grant from the State because of size but can qualify as
a sub -grantee of the Salvation Army -Anchorage, and Whereas, such program
requires a ten percent local matching by the City which need not be cash. Now,
therefore, be it resolved that: the City Manager is hereby authorized to apply
for a sub -grant with the Salvation Army -Anchorage for monies to implement a
Title VII Nutrition Program, the total program to be $36, 533 including a ten percent
matching by the City to be mot solely by the rental value of the use of Port Kenay
as a facility for the program, and the City Manager is hereby further authorized
to execute all necessary documents in connection with the above."
Mayor Elson inquired if the Mayor's Council on Aging and other senior citizen
groups had reviewed the program and was advised by Mrs. Pat Porter, Director of
Kenai Senior Citizens, that she had been advised that the proper process was to
�• get Council authorization first before proceeding to the other groups. Mrs, Porter
—r?- also explained the proposed program to the Council.
MOTION:
Councilman Whelan moved, owonded by Councilman Morgan, for adoption of
Resolution No. 76-53, authorizing the City Manager to apply for State of Alaska
Council on Aging Title VII Nutrition Program Grant.
Motion passed unanimously by roll call vote.
G-8: Aesolution No. 76-54 - Pa meet to PRtr$ - Forest Drive Water Line Project
x Mayor Elson read Resolution No. 76-54, a resolution of the Council of the City of
-'; Kenai authorizing the City administration to make final payment to PRaS, Inc.
for the Forest Drive Water Line Project subject to final acceptance
ep by the City.
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KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976 PAGE 9
Whereas, the Forest Drive Water Line Project is substantially complete, and
Whereas, action by the Council is necessary to make payment to the contractor.
Now, therefore, be it resolved that the City Administrator to hereby authorized
to make payment to PR&S, Inc. in the amount of $99,333 to cover the original
contract amount for the Forest Drive Water Line Project of $81,933 and Change order
No. 1 for $9,200 and Change Order No. 2 for $7,200 provided that such payment
shall not be made until the project is finally accepted by the City Manager in
accordance with the terms of the contract."
Mr. Wise reported on the status of the Forest Drive Water Line Project and
reiterated the position of the two Change Orders to Councilman Whelan as he had
been out of the City during the time period in which these changes took place.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman thick, for adoption of
Resolution No. 76-54, payment to PR&S, Inc. - Forest Drive Water Line Project -
in the amount of $09, 333 provided that such payment shall not be made until the
project is finally accepted by the City Manager in accordance with the terms of
the contract and, in addition, Council hereby ratifies the vote of Change Order
ill and Change Order 62 - Forest Drive Water Line Protect.
Motion passed unanimously by roll call vote.
H. REPORTS
11-1: City Manapter's Report
The entire transcript of City Manager Wise's Report #2 is attached in its entirety
and hereby becomes an official part of the minutes of the regular Council meeting
of October 6, 1076.
MAYOR 4 COUNCIL - QUESTIONS AND COMMENTS
Councilman Ambarian stated that several projects are still using the City crews
for labor which were not budgeted for this type of work. Mr. Wise responded
that he did not like to use City crews for forced labor and would investigate the
matter.
Councilman Whelan stated he had observed a reference to an assistant public
works director and as this was not a budgeted position asked for an explanation.
Mr. Wise advised that the Engineer on the PDA Water Well Project had done some
supervisory work on the Forest Drive Water Line Project and thus the reference
to the asst. public works director.
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KENAI CITY COUNCIL, REGULAR MEETING, OC.T 010,11 6. 1976 PAGE, 10
04*11 Mr. Wise advised that with regard to the Street Lighting -- in investigating
the matter it has been found that the actual construction and design was faulty and
thus the reason for some lights working and some not. Also, steps have boon
taken for reimbursement from the State but the City must sign the agreements, etc.
Audit - Mr. Wise advised that the audit was basically complete, however, the
remaining work appeared to be the final typing and distribution.
Planning Commission - Councilwoman Glick stated that she would resign as
Chairman of the Planning Commission at their next regular meeting and this would
leave two vacancies on the Commission.
H-2: City Attorney's Report
Tide Lands - City Attorney Williams advised that a decision had come down
on September 14, 1076 and the protestant had until October 14, 1076 -- if he does
not protest the decision against him, conveyance of the Tide Lands to the City should
be made shortly thereafter.
PEP Suit - the State rejected the City's most recent offer of $24,000+ and they
indicate they are ready to proceed to Court. The City Attorney advised that she
would have more on this subject at the next meeting.
H-3: Mayor's Report
None
H-4: City Clerk's Report
None
H-5: Finance Director's Report
Councilman Ambarian inquired as to the condensed financial report and was
advised by Mr. Wise that a detailed report was available at City Hall. Councilman
Ambarian and Councilman Whelan requested that copies of the detailed report be
submitted to them for their perusal.
H-8: Planning 0 Zonina Commission's Report
Councilman Ambarian reported that at the last meeting of the Commission a developer
had approached the Commission for a request to lease 10 acres at the corner of the
Spur Highway and Beaver Loop. The developer was advised that this area had not
been released by the FAA but the matter was later discussed in a work session and
it was determined by the Commission that a recommendation be made with regard to
to re -zoning, subdividing and leasing the area.
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KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976 PAGE 11 �
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Also, Councilman Ambarlan requested his resignation as ex-officio member to the I
Planning Commission be accepted and in his place, Councilwoman Glick be named.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, that Councilwoman
Glick be appointed to be the Kenai City Council representative to the Kenai Planning
j Zoning Commission.
Motion passed unanimously.
Mayor Elson stated that in discussions with the Borough Planning Commission, it
was agreeable with them to have Councilwoman Glick continue as Kenai's representative
to the Borough Planning Commission if it met with the approval of the Kenai Planning
Commission.
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H-7: Kenai Peninsula Borough Assembly Report
Mayor Elson reported that he was unable to attend the last meeting of the Assembly
as it was held in Seward for the purpose of holding a public hearing to determine
the need of a Fire Service District in that area.
fI. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1 I-1: Mr. Art Evans
Mr, Evans inquired about the change in hook-up rates -- Mr. Wise advised that i
the Ordinance changing the hook-up rates would be forthcoming after certain amend-
ments had been made.
+ EXECUTIVE SESSION
Motion:
o Councilman Sweet moved, seconded by Councilman Morgan, that the Kenai City
Council adjourn to other quarters for the purpose of holding an Executive Session
to discuss the Kenai Property Owners matter.
Motion passed unanimously.
RECONVENE
Mayor Elson called the regular meeting of the Kenai City Council back to order.
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KLNAI CITY COUNCIL, 1lkOULAR MIMIT1N0, OCTOBER 0, 1970 PAGE 12
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MOTION:
With regard to the Kenai Property (Owners Association matter and also
with Council concurrence, Mayor Pison directed City Administration to proceed
with ro-ovaluation of the districts in question for the purpose of reassessing
subject parcels in light of the 20 percent limitation proscribed by the Charter.
There being no further business to be brought before the Council of the City of
Kenai, Mayor Rlson adjourned the meeting at 11: 30 p.m.
Respectfully submitted,
Su", Peter, City Clork
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CITY OF KENAI
CITY MANAGER'S REPORT #2
G October 1976)
Administration and Finance
1. Kenai Property Owner's Association
Enclosed is a paper discussing the effect of the three options relating to
settling the suit by the Property Owners Association against the City.
The Council should review this discussion in an Executive Session as the
item should be considered confidential.
2. State Revenue Sharing
Our application for State Revenue Sharing has been submitted to enable us to
qualify for the early distribution of funds. One of our problems was in
developing the number of road miles which we maintained. The data that
we have compared with the data that the State has simply is not in agreement.
To correct this, we will submit to the State a complete road listing with a
revised map to insure that both their office and our office have identical data
and hopefully we will even be able to add additional roads to our entitlement.
3. Airport Study
The consultants arrived in the City on Tuesday the 28th and discussed with
the Administration the outline of study and the facts concerning the City.
Tuesday evening we met with the Airport Advisory Committee and with a
rather frank discussion outlined many of the peculiarities of the City and the
areas that are of concern to the City within the study itself. The consultants
were gratified at the response and appreciated the input that was presented
to than. We now expect to receive from the consultants a design report in
draft on or about the 18th of October whkvh will be presented to the members
of the Airport Advisory Commission for their review. Depending upon comments
and need for revision, we may ask representatives of the firm to again visit the
City and discuss those particular revisions and questions. It must be noted
that in their proposal to do the study they had not planned more than one
trip to the City and presumably there will be a request for additional funds
over and above the $7,000 in the event a second trip to made. However, I
would say H there are major problems or problems of any due significance,
at least a representative of the consulting group should be invited up to discuss
it with us.
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CITY MANAGER'S REPORT 02 - Page Two
4. Sensor Citizen Nutritional Program
We have developed a grant application for the Senior Citizen Nutritional
Program and a resolution for the Council to adopt applying for that grant.
We have explored the administration of the grant to include the site manager
and the personnel that actually prepare the food and conduct the program and we
have basic agreements so that we can affect the program in a economical and
effective basis.
5. Land Sale Ordinance
When the Land Sale Ordinance was introduced, I understand there were several
questions relative to the use of assessed values in analyzing and evaluating
individual pieces of property. We have used this to give us an economical tool
and establish a basic value. If we required in the ordinance an appraisal,
there would be considerable amount of front money that the City would be required
to put up. In the event a parcel warrants detailed appraisal, we should do so.
However, the utilizing of the assessed value as a working or base figure does not
limit us to using that as the value of the property at the sale. These are only
basic information so that the Council can be advised as to a value of the property.
I am sure that in certain situations we could very well recommend setting a sale
price considerably above the assessed value or perhaps below the assessed value --
depending upon the market conditions and the opportunity of sale.
6. The Elks Club Lease
The Elks Club harp provided us with information as to their in -kind contribution.
Regrettably, I feel that the information that they provided us is not really
auditable to establish whether or not a value has really been accomplished
to the property affected. Further, an in -kind contribution regrettably in no way
meets the obligation of a cash contribution of a equity lease to the appropriate
airport fund. The Council, as its option, can, of course, make a contribution
to any legitimate public activity whether it be in the amount of due lease payment
or simply a contribution for the activities that the club sponsors. In this
situation a cash payment should be made to the appropriate airport fund and the
choice whether the Council fund it or whether the Elks Club fund it directly is,
of course, a prerogative decision of the Council.
7. Kenai Community Library
You will find on the agenda an ordinance to amend the Kenai Community Library
Grant. I believe that his ordinance is self-explanatory as to the purpose and
intent of adding the donated funds as well as the State grant monies. I would
like to note also that the deficiency list has been reviewed with the contractor
and essentially most items have been amicably settled. One item which the
to contractor has agreed to do is in essence tear out the front steps and rebuild
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CITY MANAGER'S RHPORT 4 2 - Page Three
them in accordance with specifieationa. Additionally, the Library Association
will have a dedication planned for November, either the 20th or the 219t, depending
upon out-of-town visitors availability. The date should be firmed up shortly
and you will be notified.
S. Airport Ordinance
The Airport Ordinance is a series of amendments to clean up certain parts that
were in the original ordinance. We have circumstances that where the rules
are left dangling, Such as, we will impound an aircraft but the ordinance then
does not continue to provide a means of disposal of that aircraft or fees connected
with the impoundment. We have added language which will make impoundment
permissive and establish foes and permit disposal, We have also corrected a few
other areas relative to helicopter operations to insure safe operation of helicopters
particularly transient in the airport and also re-dofino Movement Area as requested
by the FAA.
8. Assessment Ordinance
You will find two assessment or special assessment ordinances on the agenda,
Ordinance No, 314-70 and 310-70, !Ordinance No. 314-76 is a ordinance we have
added for amendment to the General Assessment Ordinance to require on transfer
of title that assessments be current. This is designed to insure that a buyer,
whether it be of a houso or tract of land, is protected as to delinquent assessments.
Ordinance No. 315-70 is to amend a difficult situation we have on special deferred
assessments which are provided in the multitude of special assessment district
resolutions and special assessment district ordinance. Regrettably, in those
resolutions and ordinance there to no defined method of terminating the deferred
situation and how do we got back on the payment schedule. The language we have
developed we believe will clarify for all parties concerned how we pick up after
a deferment ends,
10. Sale of Foreclosed and City -owned property
We are currently reviewing foreclosed property and attempting to develop
data consistent with the abovo-mentioned Land Salo Ordinance which is before
the Council Wednesday night. We hope to be able to develop data which will
meet the ordinance's requirements so that we can introduco a land sale in the
very near future -- hopefully, at the next council meeting,
CITY MANAGHRIS REPORT 02 - page Dour
11. Insurance
We have on the agenda an resolution to transfer funds from contingency
to insurance in a certain given amount. Regrettably, this will not be the last
transfer to the insurance fund. We are not able, at this time, to ascertain the
numbers required to support the two umbrrella policies required to protect
the City.
12. Kills for approval and ratification
There are two bills that I would like to draw your attention to -- one is the
Kenworth bill for repairing damage to the truck frame the cost of which is
considerable, however, the claim did not meet our deductible, therefore,
It is fully payable by the City. The second bill is to the IACP International
Association, Chiefs of Police. It was a disbursement required by the terms
of a Federal grant which we had to make prior to the end of the month to pre-
clude Ions of funds.
13. Financial Status Report
Enclosed is the Financial Status Report for the City as of August 31, 1076
in a summary form. The only areas I will comment on is the General Fund
revenues in receipts are 30% and it must be noted that the Borough's pre -payment 4
on taxes has given us that edge. Our expenditures including encumbrances
are currently 10%, however, there are expenditures which are bulk which would
bring us up to the normal anticipated rate of approximately 17% as of this date.
I will have with me at the Council meeting the detailed break-out of revenue and
expenditures by Department and individual lines if any of the Council is desirous
of reviewing it.
Department of Public Works
1. Forest Drive
At this time, all of the 10" ducted water line has been installed. All of the
connections to the existing main have been made except for one connection
at Alm and Cedar Streets. This final connection will be made the first of next
week. The line has been flushed, sterilized and pressure tested to 150 psi.
At the present time, the contractor is proceeding with back -filling compaction
of the trench. We are hopeful that the re -paving at Rlm and Pine will be
accomplished by Wednesday at which time we can expect a request for payment
on the water line. In the event the pavem--nt is not in place and the job not
properly complete, we will adjust the payment schedule to insure that we will
retain funds for completion of project and perhaps retainage as is normal
under most construction situations.
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CITY MANAGER'S REPORT #3 - Pago Five
2. Animal Shelter
At this time, the concrete slab and foundation have been poured, framing has
boon completed and siding installed. City crows are installing the water service
and once the water service is installed, we will finish construction, installation
of septic tank and orib. Shortly thereafter, I1EA will be installing the under-
ground power cable.
3. Warm Storaao Facility
Gas unit heaters for the building have boon installed and we are now in the
process of installing the wiring and the lights which hopefully will be completed
in the latter part of next week .
4. RDA Water Well Project
As of today, construction, staking and clearing staking has been completed
by the engineer in the vicinity of the new well house and along the right-of-way
of the pipeline. There have boon a few exploratory holes dug for the determination
of the exact location of 12" water lino leaving Well No. 1 and there has also been
some excavation for the exact location for water line crossing the airport property
itself under the runway. The contractors hope to start clearing of the right-of-way
for Well House No. 2 and the pipeline right-of-way around the latter part of this
coming week.
S. Redoubt Terrace Subdivision
Contractors working in the area are in the process of installing water and sewer
mains to the bluff lots on the Routh portion of the Redoubt Terrace Subdivision.
At this time they have completed the installation of sower mains, sower man-
holes and sower services to the property lino. They have tied into the City water
main and are in the process of extending the water main and services to their lots.
They hope to have completed this project sometime this coming week. Once the
construction has been completed the City and their engineers will make a final
Inspection of all construction and determinations will be made as to whether the
City will accept the new construction as part of the City's system and, of course,
properly provide us with as-builts of the system,
8. Kenai Boat Harbor Road
Our Boat Harbor Road did survive the high tides of this month. We are in the
process of putting on the final lift on the road at this time. Hopefully, this will
be completed before freeze-up.
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CPl'Y MANAUHH'S RUPORT #2 - Pago Six
7. Street Lights
We have reviewed the agreements with the State on the street light electrical
reimbursement and have made contact with the State as to the requirements for
reimbursement. We have boon promised data from the State as to the effective
date of eligibility of reimbursement and what we have to do to qualify for such
reimbursement. Hopefully, we will Rot this in the next week or so and be able
to move the item and obtain some $7, 000 to $9, 000 reimbursement.
S. Mural on Terminal Buildin
Some work has been done in the past regard to repainting the exterior of the
Terminal. In that it will need paint, certainly by latest next year, some work
has been done by the Department of Public Works in conjunction with the Art
Instructors at the High School as to perhaps paint murals to depict the Alaskan
scenes on the outside of the Terminal. We have discussed this with the Planning
Commission and they have no objection to the concept. However, I would have
liked to obtain Council agreement to the concept before we proceed any further with
the High School in defining actual mural program which might be applied to the
outside of the Terminal.
9. Water/sewer Permit Ordinance
This ordinance which was tabled at the last meeting is still not yet ready for r
reconsideration by the Council. Regrettably, some other activities have forced
us to defer action on it. We will have proposal for the Council at the next Council
meeting.
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MEMORANDUM TO:
FROM:
DATE:
SUBJECT.,
CITY OF KENAI
"OTC G'a al 4 4Zoi""
F. O. EOX $90 KENAI, ALASKA 99611
1ELIPNONE 219 • 703E
Honorable Mayor a City Council
John K. Wise, City Manager
September 27, 1976
KENAI PROPERTY OWNERS ASSOCIATION
We have extracted the 1973 nasossod values for all special assessment districts
that were in effect at the time the suit was filed. ' In all questionable cases, the
_
value of the water or sewer special assessments were added and the sum divided
by four (4) to arrive at the maximum special assessment permitted by Charter.
The following data relates to those dollars of prinidpal that may be written tiff:
OPTIONS
1. The Council may re -assess only those properties of the named
property ownots, - $13 , 549. 50
2. The Council may reassess all those properties of those initially
°b
included in the law suit (including those above) . Some
t.
additional properties will be added as we determine change
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of ownership - $27,477.24+
[
3. The Council may re -assess all properties in the several
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assessment districts - - $84,429.00
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MEMORANDUM - Page Two
DISCUSSION
Option #1 is mandatory, however, leaves all other affected property owners in
an unhappy state.
Option #2 permissive as to others listed in suit but denied by Court. However,
opening of tho door for those not granted relief by Council could conceivably
create further anguish and disrepute by current and potential investors and
speculators in this City.
Option #3 permissive as per Option M. Very expensive in dollars, prinicipal
and interest -- expected and needed to service City debt. Helps reestablish
sound legal basis of complaince with Charter and equity for all.
Recommended in order of preference:
1. Option 03
2. Option #1
--I-
John S . Wise, City Manager
JEW: sp
9/27/76
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