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HomeMy WebLinkAbout1976-10-20 Council Minutesit ij J N', AGENDA REGULAR MEETING - KENAI CITY COUNCIL OCTORPH 20, 1076 - 8: 00 P,M, PUBLIC SAFETY BUILDING PLEDGE ON ALLEGIANCE A. BOLL CALL PAGE. AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 313-76 - Amending Kenai Community Library Grant I 2. Ordinance No. 314-76 - Special Deferred Assessments in Certain W/S Improve. Dist.1 3. Ordinance No. 315-70 - Requiring Assessments be made current at transfer of title 2 4. Ordinance No. 310-76 - Amending 1076 Kenai Municipal Airport Regulations 3 ADJOURNMENT - BOARD OF ADJUSTMENT - KENAI BAPTIST TEMPLE 4.9 C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. Ted Carson representing Yoshi and Ruth Shlohira S 2. D. MINUTES I 1. Minutes of the Rogular Meeting of October 8, I070 S E. CORRESPONDENCF, 1. Lotter of resignation from Piz, Commission - Mrs. Betty Gliok S 2. t F. OLD BUSINESS 1. Tibbots Garage 10 2. 0. NEW BUSINESS u 1. Dills to be paid - bills to be ratified 10 2. Ordinance No, 317-70 - Clarifying Ordinance No. 240-74 a Iimiting it as to time 10 3, Ordinance No. 310-76 - Transtorring Funds to complete Animal Shelter a 11 declaring an emergency " 4. Ordinance No. $10-76 - Senior Citizen Nutritional Program Budget 12 5. Resolution No, 76-61- Authorizing acceptance of Sr. Citizen Nutritional Program 12 and authorizing entering into Agreements for implementation 8. >a ; - DELP.TR 7. Resolution No. 78-55 - Reimbursement from State - Street Lights in Urban Section 13 S. Resolution No. 76-50 - Public Worke Capital Development ti Investment Act of 1478 13 N S. Resolution No. 70-57 - Rezoning a certain tract of land in City of Kenn! 14 10. Resolution No. 76-58 - Setting date for public hearing on Old Library Building 15 11, Resolution No. 70.50 - Accepting Local Service Roads & Trails Program Funds 15 12. Resolution No. 78-60 - Raising Ordinance MO-70 from table & setting hearing date 18 IS, Resolution No. 70-62 - Contract(s) Inspection Service - FDA Water Well Project 16 14, Resolution No. 70-63 - Change Order - RDA Water Well Project 18 15. Resolution No. 70-64 - Reassessment of certain W/S Improvement Dist, in Kenai 17 ; 16, Assignment of Lease - Gerald L. and/or Alexis Masson to National Bank of Alaska 17 ,} 17. IS, !r H, REPORTS 1. City Manager's Report 17 2. City Attorney's Report 18 S. &layer's Report IS , 4. City Clerk's Report IS s 5. Finance Director's Report to S. Planning a Zoning Commission's Report IS f 7. Kenai Peninsula Borough Assembly's Report IS I. PERSONS P4E0E14T NOT SCHEDULED TO BE HEARD 1. 2, i • KENAI CITY COUNCIL - RIiGULAR MEETING OCTOBER 20, 1976 - 8: 00 P.M. PUBLIC SAFETY BUILDING • '7 MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A . ROLL CALL Present : Richard Morgan, Dan Whelan, Edward Ambarian, Tom Ackerly, Dotty Glick, Walter Sweet and James F,lson Absent None AGENDA APPROVAL The agenda was approved as distributed. B . PUBLIC HEARINGS B-1: Ordinance No. 313-76 - Amending Kenai Community Library Grant Mayor Elson read Ordinance No. 313-76 by title only as copies had boon distributed to the public. "An ordinance of the Council of the City of Kenai, Alaska, 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 $Io, 000 and donations from the Friends of the Library in the amount of $10,000." Mayor Elson opened the hearing to the public. There being no public comment, the hearing was returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Ordinance No. 313-70, 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 unanimously by roll all vote. B-2: Ordinance No. 314-76 - Special Deferred Assessments in Certain W/o Improve. Dist, Mayor Elson read Ordinance No. 314-70, "an ordinance of the Council of the City of Kenai clarifying the status of special deferred assessments in certain water and sewer improvement districts. Whereas, Ordinance 234-73 creating Sewer Improvement t i i I I e , i 1 1. KENAI CITY COUNCIL, REGULAR MI:1dTING, OCTOBER 20, 1970 Page Two District 73-S2, Resolution 74-4 creating Water Improvement District No. 8, Resolution No. 74-5 creating Water Improvement District 73-W1, Resolution No. 74-6, erecting Water Improvement District 73-W2, Resolution No. 74-9, creating Water Improvement District 73-W5, Resolution 74-10 creating Hewer Improvement District 73-81 contain a provision reading as follows: So much of parcels of benefitted land with frontage in excess of 330 ft. on this district, hold as an unsubdivided parcel, may have pay- ments deferred on assessments until such parcel or parcels are subdivided. Whereas, suon provisions do not clearly delineate how and when such special deferred payments are to be made, and Whereas, it is the intent of the Council to establish a policy with regard to special deferred payments in the above -named districts." Mayor HIson advised the public that copies of the Ordinance No. 314-76 were provided for their review of the explanations contained in the Section 1. Mayor Elson opened the hearing to the public -- there being no public input, the hearing was returned to the Council table for action. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Ordinance No. 314-76, clarifying the status of special deferred assessments in certain water and sewer improvement districts. Motion passed unanimously by roll call vote. 8-3: Ordinance No. 316-76 - Recluirinu 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 Komi is hereby amended to add now Sections 18-22 and 16-23 which shall read as follows: Payment of Assessments Upon Transfer of Title, Section 16-22: All past duo installments on any special assessments levied on property in any improvement 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 accord- ance with statute. The transferor of the property shall be responsible for ensuring that the provisions of this section are complied with. Penalty Section 16-23: Any persons who violates the provisions of Section 16-22 is guilty 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." Mayor Elson opened the hearing to the public -- there being no input, the hearing returned to the Council table for action. X - - - -- �_ ��•�r�w�r�wY�rw ,t K14NAI CITY COUNCIL, RHOULAR MEETING, OCTOH1-3t 20, 1970 Page Three MOTION: Councilman Sweet Moved, seconded by Councilman Ambarian, for adoption of Ordinance No. 319-76, requiring that assessments be made current at the time of transfer of title, Mayor Elson stated in the penalty clause -- the ordinance should provide for penalty on per parool/por basis. Councilman Whelan quostioned if there would be any conflict with regard to escrow accounts and was advised by City Attorney, Janis Williams, that there appeared to be no problem and this will provide for the City to foreclose on past duo installments, provides for a penalty and gives the individual the incentive to have current assessments. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, to amond the motion to read "....penalty provided for heroin may be assessed for each parcel to which title is transferred and shall not bar regular foreclosure......... Motion passed unanimously by roll call veto. MOTION AS AMENDED: Passed unanimously by roll call vote. B-4: Ordinance No. 316-70 - Amending 1970 Kenai Municipal Airport Regulations Mayor Elson road Ordinance No. 316-70 by title only as sufficient copies had boon made available to the public. "An ordinance of the Council of the City of Kenai amending the 1976 Kenai Municipal Airport Regulations". Mayor Elson opened the hearing to the public. Mr. Bob Bielefeld - Mr. Bielefeld stated he felt the ordinance was totally unnecessary In that the Kenai Municipal Airport was imposing regulation upon regulation to the operators and the City does have the prerogative to cancel the leases of those individuals not complying with the Airport regulations. Mr. Bob Riehie, U. S. Fish a Wildlife - Mr, Riehie inquired as to how these changes relate to lease holders and also advised that he feels the City may be held liable if in impounding a aircraft or vehicle if damages are incurred. Mr. Riehie also advised i that Fish a Game had a problems with snow removal last winter. Mr. John Stoner, Arctic Aviation - Mr. Stoner questioned Section 4 and the restrictions on the movement area and was advised by Mr. Wise that this was in regard to areas such as the runways, taxiways and other areas utilized for taxiing, takeoff and landing aircraft and not the loading ramp and parking areas. _ There being no further public comment, the hearing returned to the Council table for further action. t 1" KENAI CITY COUNCIL, REGULAR MHETING, OCT0BER 20, 1976 Page Your Councilman Sweet stated he had been approached by several helicopter operators who expressed concern over the change in helicopter status -- they feel a helicopter should be treated as a standard air craft. Councilman Whelan inquired as to comments from the FAA with regard to helicopter status and Mr. Wise advised that this was the the recommendation from the FAA in that the helicopters be restricted. Councilman Ackerly asked if the additions were at the request of the FAA and Mr. Wise advised that the Movement Area was added at the request of the Control Tower Chief. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for adoption of Ordinance No. 316-70, amending 1076 Kenai Municipal Airport Regulations, and amending them to delete Section 5. Mayor Elson stated he felt that the wording in this Section was more stringent than it should -- the tower should have visual access to the helicopter tako-off and landing area. Mr. Wise advised that the objection raised by the Tower is the fact that this is a general aircraft airport and are concerned about the turbulanee caused by the helicopters to approaching small aircraft. Mr. Bob Bielefeld stated that after throe minutes there should be no problems with approaching small aircraft -- approach should be at the discretion of the pilot. As this airport is run by the City of Kenai, Mr. Bielefeld further stated, he felt the City should make the rules and not the FAA. Councilman Morgan stated that he felt this ordinance should go before the Airport Advisory Commission for their review. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, that Ordinance No. 316-78 be tabled for one month to allow the Airport Advisory Commission time to review the ordinance and offer their comments to the Council before passage. Councilman Sweet withdrew his motion with consent of second. Motion to table passed unanimously by roll call vote. ADJOURNMENT - BOARD OF ADJUSTMENT - KENAI BAPTIST TEMPLE. j Mayor Elson adjourned the regular meeting of the Komi City Council at 8:40 p.m. and called the Board of Adjustment to order to hear the appeal of the Kenai Baptist Temple on their application for establishing a church and school in a commercial zone. Mayor Elson outlined the guidelines to be followed by the Board of Adjustment as advised by the City Attorney. Mayor Elson advised that he would now open the hearing for public comment and stated that only persons living within the City limits of Kenai would be allowed to speak and upon allowing those individuals an opportunity to speak, he would then allow all interested parties to express their -- views. Mayor Elson called upon Rev. Robert Larrabee, representing the Kenai Baptist Temple to speak before the Board of Adjustment. f KP.NAI CITY COUNCIL, REGULAR MhRTIN0, OCTOBER 20, 1979 PACK Five Robert Larraboe o Reverend I.arraboo reiterated in that the Kenai Baptist Temple had appealed the decision of the Kenai Advisory Planning and Zoning Commission of September 9, 1979 and the decision of the Konai Peninsula Borough Planning Commission of October 4, 1976, in which their request for a Conditional Use Permit within a General Commercial ?.one was denied. Reverend Larraboe advised the Hoard that his group were in the process of making arrangements to select another site and would then move their facilities, however, this might be somewhat involved and they would, therefore, request the Board's consideration for issuance of a conditional use permit until the end of the school year. This would allow the school to remain open and, in addition, allow the Kenai Baptist Temple to enter into negotiations for the sale of their property and the purchase of a location which would adequately serve their needs. James Bookey - Mr. Hockey resides on Overland Dr. in Kenai and voiced his objection against the issuance of a conditional use permit to the Kenai Baptist Temple as Mr. Bookey stated that a church and school in this area would directly affect property he had recently purchased and that his intent for this property was for commercial use. Mr. Bookey further stated in that the Kenai Baptist Temple had acquired the property without the permit and had proceeded with their church and school that this was, in his opinion, a flagrant violation of the law. Sharon Wells - 4th a Birch - Mrs. Wells requested that Council grant a temporary permit to enable the school to remain open until the termination of the school year. Carl Glick - high Bush a Aumblo Bee - Mr. 01!ok stated he had been advised that the school on the subject property was not certified by the State of Alaska and Mr. Glick requested that the Board take this into consideration while deciding on the appeal. ; Mr. Larraboe advised the Board and Mr. Glick that students attending their school had transferred to colleges and were eligible to transfer to any accredited school. Vincent Spady - Kalifonsky Beach Road - Mr. Spady, a teacher at Wings Christian Academy, stated he believed that the school would not hinder commercial business if the school were to operate only to the and of the school year. Mr. Spady further stated that the school is open to the public and would, therefore, not be in conflict with other businesses in the area such as the music studio, etc. Mr. Spady also requested that their application be considered for the end of the school year to allow a continuation of education for the pupils enrolled in the school. Vickie Bope - Bush Lanes Subdivision - Mrs. Hope, spoke as a parent of students enrolled in Wings Christian Academy, and requested that the school be allowed to operate until the end of the school year. — Mary Spady - Kalifonsky Beach Road - Mrs. Spady, a teacher at Wings Christian Academy, x stressed the professional training offered at the school and also stated she felt that the professionalism of the school appeared in harmony to operate in the area. Mrs. Spady requested that the school be allowed to operate until the end of the school year. r% KENAI CITY COUNCIL, RROULAR MEETING, OCTOBER 20, 1976 Pape Six Allen Hope - Hush Lanes Subdivision - Mr. hope asked that the zoning for churches and schools be explained and after explanation, Mr. Hopo requested that the hoard grant the school to operate until the and of the school year at which time the church and school would relocate. Ken Stock - Beaver Loop Road - Mr. Stock requested that the Board grant the Kenai Baptist Temple request for an extension of time to the and of the school year. Robert Larrabee - Mr. Larrabee stated in conneotion with the conditional use permit being issued until the end of the year, one fact to consider is the "now" and not the future in this regard as a conditional use permit for a specified time period would not hinder future progress in the area. Mayor Elson inquired if the Kenai Baptist Temple would want to amend their appli- cation to read until a "specified date". Mr. Larrabee stated that the Kenai Baptist Temple would hereby amend their application for conditional use permit not to extend beyond June 30, 1977. There being no further public comment, Mayor F.lson closed the public hearing and read a memorandum from City Attorney, Janis Williams, concerning procedures to be followed for consideration of a conditional use permit. Councilman Morgan inquired as to tk, prior referral by the Kenai Baptist Temple that they had been given the impression that they would be allowed to operate while awaiting the outcome of their application for a conditional use permit. City Attorney Williams advised that at one point prior to contact with the Kenai Advisory Planning Commission, Reverend Larrabee was advised that a conditional use permit was required and perhaps was told that there was no problem in obtaining the conditional use permit. Councilman Morgan inquired if the conditional use permit was granted for a period of time not to exceed June 30, 1971, what would be the next procedure. City Attorney w Williams advised that the Kenai Baptist Temple, if again found in non-compliance, would ` again be in violation of the ordinance and also could possibly re -apply for a conditional use permit at expiration. Councilman Morgan asked for elaboration on the negotiations for the property owned by Kenai Baptist Temple and Reverend Larrabee advised that the property was for sale and they had several interested parties. Upon sale of the property, the church and school would be relocated to a new site which the Kenai �. Baptist Temple is trying to locate at the present time. Councilman Whelan inquired as to why the Temple had moved out of their old facilities before obtaining a conditional use permit for the new location. Reverend Larrabee ! 1., reported that they were already in the process of moving out of their old building ' when they found out that that a permit was required and, of course, were under the __-- impression that a conditional use permit would not be difficult to obtain for their intended ' use of the property. Also, the former facility was a lease only situation. MOTION: y Councilman Ambarian moved to table the matter of the appeal of the Kenai Baptist 3 ! i W1 KENAI CITY COUNCIL, I UGULAIt AIRPTING, OCTOBER 20, 1970 11 Page Roven Temple for a conditional use permit to operate a church and private school within a General Commercial Zone of the City of Kenai. Motion died for lack of second. MOTION: Councilman Sweet moved to grant the Conditional Use Permit to the Kenai Baptist Temple to operate a church and private school within a General Commercial Zone for a period not to exceed Juno 30, 1977. Motion died for lack of second. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, that the Kenai City Council sitting as a Board of Adjustment finds that the use as a church and a school in a General Commercial Zone is not similar and in harmony with the intent of the zone but due to the hardship involved on the Kenai Baptist Temple that the Board issue a non-renewable Conditional Use Permit for a period not to exceed Juno 30, 1077. Councilman Ambarian stated he opposed the motion and would not vote in favor of the motion as stated. Councilman Whelan inquired from the City Attorney if in granting a conditional use permit for a specified period of time, would this weaken the City's position should the matter eventually go to court. or through those same proceedings after June 30th? City Attorney Williams advised that in her opinion the City's position would not be weakened but would have to so state and specify in the motion. Mayon Elson called a recess for the purpose of re -wording the motion on the floor. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, that the Board of Adjustment accept the findings of the Kenai Advisory Planning Commission and the Kenai Peninsula Borough Planning Commission as enumerated in the letter dated September 17, 1976, from Betty Glick, Chairman of the Kenai Advisory Commission to Mr. Larrabee and the Board stands in agreement with the decision of the Kenai Advisory Commission, but due to hardships to the appellant execution of legal action of the cease and desist order be stayed until 30 June 1077. Councilman Ambarian inquired if this motion would be in violation of the Charter and Ordinances? City Attorney Williams advised that not to her knowledge would the action of this motion be in violation. Mayor Elson stated that he felt that a decision must be made -- Mayor Rlson advised that historically in previous circumstances wherein the City granted exceptions for the use of particular facilities, the organizations would proceed with making improvements to their facilities and at the termination of the condition, they wore reluctant to move to other facilities as so much had been invested and expended in the faculty. r . - 7 - - a..,-i KI;NAI CITY COUNCIL, REGULAR MEETING, OCT01110t 20, 1976 1'890 11,10t QUESTION: Motion failed by roll call vote. Voting no; Whelan, Ambarian, Olick and I;lson. Voting yes; Morgan, Ackerly and Sweet. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of Resolution No. 76-05, a resolution of the City Council of the City of Kenai sitting as a Board of Adjustment for the City of Kenai in the matter of the appeal of the Kenai Baptist Temple for Conditional Use Permit required relative to the operation of a church and school in a General Commercial Zone, Whereas, the Kenai Baptist Temple has appealed the decision of the Kenai Advisory Planning and Zoning Commission and the Kenai Peninsula Borough Planning Commission denying their request for a Conditional Use Permit relative to the operation of a church and a school in a llonoral Commercial Zone, and Whereas, as required by Borough Code, Public flearing is being hold within thirty days of filing of such appeals, and Whereas, the appellant has filed: (1) A legal description of the property described, (2) Proposed use of the property. Whereas, as provided by Borough Code, the issues of fact to be determined are: (1) Whether the uses are similar to the principal uses in the zone. (2) Whether the uses are in harmony with the intent of the zone, Now, Therefore, be it resolved that the City Council sitting as a Board of Adjustment for the City of Kenai finds as a matter of fact that: Sometime prior to Juno 9, 1970, the Kenai Baptist Temple purchased the old NC Auto building with intent to use it as a church and school. (2) On Juno 9, 1976, Mr. Larraboo of Kenai Baptist Temple was informed by the Kenai Advisory Planning F and Zoning Commission that churches and schools are not permitted uses in General Commercial Zones. They may, however, be conditional uses under KPC 21.76.140 of Ordinance No. 74-70, and if he intended to operate this church and school he would need to apply for a conditional use permit. (3) Or. August 13, 1970, Kenai Baptist Temple applied for a conditional use permit to operate a church and school at the location. (4) A public hearing was scheduled and hold on September 6, 1076, From testimony at the public hearing and at the meeting of September 9, 1076, the Komi Planning and Zoning Commission has made the following findings in regard to the operation of the church and school. a) Applicant intends to operate a school for grades kindergarten through twelve. Enrollment is to be approximately forty students, with a possible increase in enrollment to eighty students within the next I several years, School is to be conducted five flays per week during normal school hours. Students will provide their own transportation. There will be lunch breaks i and recesses. However, no food will be provided by the school. Applicant stated that it would provide fencing of the school yard if necessary for the safety of the 4 students. b) Church services will be held Wednesday evenings and Sunday mornings and evonings, The size of the congregation is 40 to 65 persons, c) Applicant feels _ that there is adequate parking for all operations at this location. (6) From testimony at the public hearing on September 9, 1970, and information received at the meeting of September 9, 1970, the Kenai Planning and Zoning Commission made the following ' findings in regard to the effect of the operation of the church and school on surrounding i property owners. a) It was found that adjoining property owners could be hampered in their plans for development in the area, some of which had already begun. The I said property owners were operating well within the intent of the zone, b) It was found that according to State Statutes, a bar cannot be located within 200 ft. of a church or t r) KENAI CITY COUNCIL, REGULAR M ETIN©, OCTOBER 20, 1976 Page Nine school ground. This could hamper the operations of Surrounding property owners in the future. (6) The criteria upon which this decision is based to as set out in KPC 21.70.140 which states the following: a) lathe intended use similar to principal uses permitted in the zone? b) Is the intended use within the intent of the zone? (7) A church is not a use similar to the principal uses permitted in the General Commercial Zone. (8) A school is not a use similar to the principal uses permitted in the general commercial zone. (9) a church is not a use which is in harmony with the intent of a general commercial zone. (10) A school is not a use which is in harmony with the intent of a general commercial zone. Be it further resolved by the Council of the City of Kenai sitting as the Board of Adjustment that the decision of the Kenai Advisory Planning and Zoning Commission is hereby affirmed and the application for conditional use permit of Kenai Baptist Temple is hereby denied. Motion passed by roll call vote. Voting yes; Morgan, Whelan, Ambarian, Glick and Elvin. Voting no; Ackerly and Sweet. Mayor Elson directed Administration to send a copy of Resolution No. 76-68 to the Kenai Baptist Temple. At 10: 20 p.m., Mayor James Elson called the regular meeting of the Kenai City Council back to order. C . PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Mr. Ted Carson - representing Yoshi and Ruth Shiohira II Mayor Elson advised that Mr. Carson asked to be deferred until the next regular ! meeting of the Council. f ; D. MINUTES D-1: Minutes of the Regular Meeting of October 6, 1070 There being no additions or corrections, the minutes were approved as distributed. E. CORRESPONDENCE ! E-l: Letter of Resignation from PAZ Commission Member - Mrs. Betty thick ! i Council acknowledged receipt of the letter of resignation from the Kenai Advisory Planning and Zoning Commission as submitted by Mrs. Betty Glick. E-2: Thank you letter Mayor Risen read a "thank you" letter for the efforts of the City in behalf of the Senior Citizens from Mr, and Mrs. Farr. V i 'Y+ li .. 8 ■•: g KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976 Pago Ton F. OLD BUSINESS F-1: Tibbets Garage Mayor Elson explained that a bill had boon submitted from Tibbets Garage at the last regular meeting of the Council requesting payment from the City in the amount of $1,162.80 for closure time of their shop at the order of the City and attorney's fees. Mayor Elson stated he felt the Council should respond in some manner. Mr. Wise, City Manager, advised that a report of events was included in their packet for review. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, that the City is herein not liable for any of the charges as submitted by Tibbets Garage and would, therefore, not pay the bill as received from Tibbets Garage. Motion passed unanimously by roll call vote. Mayor Elson directed Administration to advise Tibbots Garage accordingly. G. NEW BUSINESS !� 0-1: Bills to be paid - bills to be ratified Mr. Wise advised that all bills were budgeted items and recommended approval. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for approval of bills to be paid and approval of items to be ratified as listed. Motion passed unanimously by roll call vote. G-2: Ordinance No. 317-70 - Clarifying Ordinance No. 240-74 a limiting it as to time Mayor Elson read Ordinance No. 317-76 by title only as copies had been made avail- able to the public. "an ordinance of the Council of the City of Kenai, clarifying Ordinance 240-74 and limiting it as to time". Mr. Wise explained that the Council had previously passed Ordinance 240-74 providing that deferment of payments of Special Assessments may be obtained by certain property owners which has created certain difficulties for administration. Ordinance 317-76 would allow for the Council to grant or deny requests for deferment, the deferments would be granted only to the owners requesting them and would not be passed on to their successors in title and also that the deferment would end automatically on each Individual parcel at the earliest of five years from date of grant; date of transfer of title or date improvements are connected to water and sewer. rl� I KENAI CITY COUNCIL, REGULAR MEETING, OCTOARR 20, 1076 Page Rleven MOTION: Councilman Ambarian, moved, seconded by Councilman Whelan, for introduction of Ordinance No. 317-76, clarifying Ordinance No. 240-74 and limiting it as to time. Motion passed unanimously by roll call vote. G-3: Ordinance No. 318-76 - Transferring funds to complete Animal Shelter and declaring an emergency Mayor Elson read Ordinance No. 318-76 by title only as copies had been made avail- able for the public. "An ordinance of the Council of the City of Kenai, Alaska, transferring funds for the purposes of completing the Animal Shelter and declaring an emergency". Mr. Wise stated that this ordinance was required for the necessary funding to lay the electrical line to the new Animal Shelter facility and because of the weather, administration requested that this ordinance be declared an emergency so that construction could proceed without delay. Councilman Ambarian stated he objected to the bad planning in the construction of the facility in that more funds were required and the ordinance had to be declared an emergency. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance No. 318-78, with the deletion of Section 2, declaring the need for an emergency. Mr. Wise advised that the shelter would have to closed down without the installation of electricity for heat and lights. Motion failed unanimously by roll tail vote. Councilman Morgan objected to the fact that the additional fundings would be coming out of Airport O&M and asked H this would mean a depletion in funding for repairs to the runway? Mr. Wise advised that funds had been budgeted for the repairs to the runway -- patching of the asphalt, etc. and that these monies remain untouched by this transfer of funds. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for introduction of Ordinance No. 318-76, transferring funds to complete the Animal Shelter and declaring an emergency. Motion passed unanimously by roil call vote. f . 1 _1 ITS'"'..... �.._. .. : •l,'_'1r ri.i. C_I'�.-_:.__�.. - ___-___ - _ - _ _ __ _ __ _--__ _ -- _ _ __--..1-9r-v,--r. KENAI CITY COUNCIL„ REGULAR MHETING, OCTnt411R 20, 1970 Pane Twelve MOTION: Councilwoman Glick, moved , seconded by Councilman Morgan for adoption of Ordinance No. 318-70 transferring funds to complete the Animal Shelter and declaring an emergency thereby enacting the effective date with passage of Ord. No. 318-76. MOTION - Amendment OO)uneilman Morgan moved, seconded by Councilman Whelan, to amend the motion deleting "Repairs and Maintenance" and placing in -lieu thereof "Contingency - General Fund". Councilman Sweet inquired as to why administration had taken the monies out of Airport O&M and was advised by Mr. Wise that he did not like to take funds out of contingency and preferred to take the funds out of those areas that were more feasible. The contingency fund has boon reduced to $22,000 further advised Mr. Wise and additional funds will be needed for insurance coverage, ote . Councilman Morgan, with consent of second, withdrew his motion. MOTION - FOR ADOPTION Passed unanimously by roll call vote. 0-4. Ordinance No. 319-78 -Senior Citizen Nutritional Program P 0-5: Resolution No. 76-61 - Authorizing Acceptance of Or. Citizen Nutritional Program Mayor Elson read Ordinance No. 319-76, by title only as copies were distributed to the public prior to the meeting. "An ordinance of the Council of the City of Kenai ' increasing estimated revenues and appropriations in the amount of $36,533 under the budgetary guideline entitled "Title VII Nutrition Program" in a special revenue fund". Mayor Elson read Resolution No. 76-61 oleo by title only, "a resolution of the Council of the City of Kenai authorizing the acceptance of funds for Title VII Nutrition Program, and authorizing the City Manager to enter into agreements for implementation of the nutrition program". Mr. Wise reported that he had been advised by telephone that the State had accepted the project and the City had received a telegram from the Salvation Army advising Of funding. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Resolution No. 76-61, authorizing acceptance of Sr. Citizen Nutritional Program. s _- Motion passed unanimously by roll call vote. o . 1_ 'i 4 t F r i r ' ' e ___. n .. a.. •en _ i� KENAI CITY COUNCIL, REGULAR MEETING, OCTORER 20, 1976 Page Thirteen MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for introduction of Ordinanoo No. 319-70, increasing estimated revenues and appropriations in the amount of $30,533 under the budgetary guideline entitled "Title VII Nutrition Program" in a special revenue futid. Mayor Elson questioned why the City could not just contract with the Salvation Army and let the Salvation Army handle the entire program? Mr. Wise advised that the Salvation Army would not erler into this type of arrangement with the City. Councilman Whelan questioned the wording in the contract such as the word "supervision -- and questioned if the City would not be entering into an employeo/employer typo of situation. Mr. Wise explained the contract and its affect on the City. Mayor Elson stated he felt that a more simple agreement should be made -- either the Salvation Army is going to be the contractor or the City of Kenai. Councilman Whelan stated he felt the contracts themselves put a very heavy burden on the City. QUESTON: Motion passed unanimously by roll call vote. .11 a -es Delete 0-7s Resolution No. 70-55 - Reimbursement from State - Street Lights in Urban Section Mayor Elson read Resolution No. 70-55, "Whereas, tho State of Alaska, Department of Highways, has agreed to reimburse the City of Kenai for distribution power costs of street lights on the Kenai Spur Highway designated as safety illuminators, and Whereas, the City to obtain such reimbursement must agree to maintain said lights in a working order from the base up, and Whereas, such agreement is deemed to be to the best interests of the City and will permit to receive approximately $2,000 annually and retroactively approximately $5,$00 for prior years. Now, therefore be it resolved that the City Manager is hereby authorized to enter into said Maintenance Agreement with the State of Alaska, Department of Highways." MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Resolution No. 70-55, Reimbursement from the State with regard to street lights in the urban section. Motion passed unanimously by roll call vote. G-0: Resolution No. 70-56 - Public Works Capital Aevelonment a Investment Act of 1976 Mayor Elson read Resolution No. 70-50 - "Whereas, the Congress of the United States has adopted and appropriated funds and the President of the United States has signed i i 7 KENAI CITY COUNCIL, REGULAR MI FTIN(I, OC,TORPR 20, 1976 Page Fourteen the appropriation not, namolys the Local Public Works Cfipital Development and Invest- ment Act of 1970, and Whereas, the State of Alaska has boon allocated funds under provisions of this Act for local public works, and Whereas, the City of Kenai is eligible for 100 percent funding of projects under this Act, and Whereas, the City of Kenai has a Water Improvement Project of which only part of the project could be funded and a major phase of that project, namely the Closed Storage Water Reservoir, had to be deleted duo to cost overrun. Now, therefore, be it resolved by the Council of the City of Kenai that the Ciy Manager be hereby authorized to apply for 100% funding in the amount of $1,300.420 for the construction of the Beverly needed Water Reservoir phase of the Kcani Water Improvement Project as authorized by the Local Public Works Capital Development and Investment Act of 1976." MOTIONS Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Revolution No. 76-50, Public Works Capital Development a Investment Act of 1076. Motion passed unanimously by roll call vote. I G-9s Resolution No. 70-57 - Rezoning a certain tract of land in the City of Kenai i Mayor Elson read Resolution No. 70-67 by title only, "a resolution of the Council of 'v the Ciy of Kenai recommending that certain property in the vicinity of the Kenai Spur ° Highway and Beavorloop Road be rezoned from Suburban residential to to General Commercial". I -- Mr. dire advised Council that he had met with Mr. Rhodes of Homer Electric Association and Mr. Rhodes indicated that REA wanted to locate a gas turbine generator within the City on that portion of property immediately north of the proposed rezoning. , MOTION., Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of Resolution No. 70-67, rezoning a certain tract of land in the City of Kenai and amending such resolution to add Red Zone Ill to General Commercial and Blue Zone ill to Light Industrial (per map attached) . MOTION - AMENDMENT Councilman Morgan moved, seconded by Councilman Whelan, to amend the motion to move tho red line along Walker Lane westerly 160 feet. Mrs. Ruby Coyle, with Council approval, commented that she believed it was not feasible to take in this area as it is prime residential land. Councilman Ambarian agreed,however, advised that there had been some interest expressed by people ' for commercial uses. Mr. Wise advised that General Commercial provides for multi - density apartments. Councilman Morgan asked if the ADAP study would not provide information on land use? Mr. Wise responded that it would but the study would not plat out the lands. tj KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976 P890 Fifteen QUESTION: ' Motion failed by roll call vote. Voting no; Ambarian, Glick, Sweet, and F.lson. Voting yes; Morgan, Whelan, and Aekerly. . MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, to amend his motion to include in subdividing of the property, a conservation zone be provided west of Walter lane to retain residential character of Walker Lane area. Motion passed unanimously by roll call vote. MAIN - AS AMENDED Motion passed by roll call vote with Councilman Sweet voting no. 6 _ _ 0-10: Resolution No. 78-58 - Setting date for public hearing on old library building s Mayor Elson read Revolution No. 78-58, "Whereas, the City of Kenai Advisory 1 Planning and Zoning Commission has recommended by resolution that the old library ' p building and lands be released from dedication to public use, and Whereas, such , release from dedication must be considered at a public hearing. Now, therefore, be it resolved that a public hearing shall be held on Wednesday, November 17, 1976, at the regular meeting of the Kenai City Council, to determine the public's desire -� as to future use of the "old Kenai library building and lands". f • MOTION: , Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 76-58, Setting a date for public hearing on the old library building and lands. Motion passed unanimously by roll call vote. I�- lr 'j] (3-11: Resolution No. 76-50 - Accepting Local Service Roads a Trails Program Funds Mayor Elsors read Resolution No. 76-59, "a resolution of the Council of the City of Kenai accepting Local Service Roads and Trails program funds in the amount of $70,297 for the years 1977, 1078, and 1979. Whereas, it to necessary to have a plan approved for Local Service Roads and Trails, and Whereas, the Cfty wishes to use such funds to accomplish gravel surfacing of existing City streets and to pave Forest Drive extended, and Whereas, to meet the deadline prescribed, a plan was presented to the State by the City administration. Now, therefore, be it resolved that the Council of the City of Kenai hereby confirms the action of City administration and accepts $70,287 in Local Service Roads and Trails monies and hereby directs that such monies be used in accordance with the plan attached hereto as "Appendix A"." KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976 page Sixteen ,..� MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for adoption of Resolution No. 76-69, accepting Local Service Roads and Trails program funds in the amount of $70,287 for the Years 1977, 1978 and 1979. Motion passed unanimously by roll call vote. 0-12: Resolution No. 76-60 - Raising Ordinance 310-76 from table & setting hearing date Mayor Elson read Resolution No. 76-60, "a resolution of the Council of the City of Kenai to raise Ordinance No. 310-76, "an ordinance of the Council of the City of Kenai revising Schedule "H' of the Schedule of rates for users connected to City Water and Sewer Systems" from the table and setting a time for a second reading and public hearing". This resolution was read by title only as copies had been made available to the public. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for adoption of Resolution No. 76-60, raising Ordinance No. 310-76 from the table end setting a hearing date. Motion passed unanimously by roll call vote. G-13: Resolution No. 76-02 - Contract(s) Inspection Service - EDA Water Well Protect Mr. Wise requested this matter be discussed in an executive session directly following the last item of business on the agenda. 0-14: Resolution No. 76-63 - Change Order - FDA Water Well Project Mayor Elson read Resolution No. 76-63, "a resolution of the Council of the City of Kenai authorizing Change Order R to the EDA Water Well/Transmission Line Con- struction project. Whereas, the initial design of the transmission line phase of the well/transmission line project called for a 60 foot pass -through casing for the crossing of the Kenai Spur Highway, and Whereas, the State of Alaska has required a 120 foot pass -through casing to meet future, contemplated road widening of the Kenai Spur Highway. Now, therefore, be it resolved that the City Administrator is authorized to execute Change Order #1 in the amount of $12,000 to enable compliance with require- ments of the State of Alaska, Department of Highways and be it resolved that the City Administrator is directed to request approval of said Change Order 01 by the Economic Development Administration to authorize said $12,500 be reallocated from Contingency to Construction." t' - 11 n . KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1076 Page Seventeen MOTION: Councilman Morgan moved seconded by Councilman Sweet, for adoption of Resolution No. 76-63, Change Order 01 - EDA Water Well Project. Mr. Wise reported to Council that this Change Order was necessitated at the request and direction of the State Highway Department. Motion passed by roll call vote. Voting yes; Morgan, Whelan, Ambarian, Glick and Elson. Voting no; Ackerly and Sweet. G-15: Resolution No. 76-64 - Reassessment of Certain W/S Improvement district in Kenai Mayor Elson read Resolution No. 76-64, by title only "A resolution of the Council of the City of Kenai directing that certain Water and Sewer Improvement Districts of the City be reassessed", as copies were made available to the public. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, for adoption of Resolution No. 76-64, directing that certain water and sewer improvement districts of the City of Kenai be reassessed. Motion passed unanimously by roll call vote. G-16: Assignment of Lease - Gerald L. and/or Alexis Wasson to National Bank of Alaska Mr. Wise advised Council that this assignment of lease from Gerald L. and/or Alexis Wasson to National Bank of Alaska to the National Bank of Alaska was on Lot 2, Block 2, of the General Aviation Apron for the purposes of collateral. MOTION: Councilman J-11-1 art moved, seconded by Councilwoman Ouck, for approval of assignment of lease of Lot 2, Block 2, General Aviation Apron, from Gerald L. and/or Alexis Wasson to National Bank of Alaska for the purposes of collateral. Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report City Manager's Report #3 is attached hereto in its entirety and, therefore, becomes part of the official transcript of the proceedings of th-1 meeting. F i' KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976 Page Pivhteen H-2: City_ Attorney's Report PEP Suit - Additional information is required by the City before further action. Tidelands - At this point in time, the City has not been advised if the ruling is going to be appealed or not. H-3: Mayor's Report Mayor Elson stated that with regard to the Differential Tax Zone request -- the Council should take some action in response to the petition. Mayor F.laon reported that at the work session when the matter was discussed the members present felt the greatest area of concern was that of streets, however, the petition did not spell out the areas of difficulty. The feelings at the work session were that if it is possible, it would be best to grant relief "across the board". Councilman Ambarian stated that one main problem will be determining the priority streets. Councilman Morgan stated that Kenai has so many roads that are merely trails and sub -standard roads that the City should proceed with up -grading them. Mayor Fison stated that the City must define and set standards on all new subdivision's streets. MOTION: ti Councilman Ambarian moved, with no objection from Council, to table the consideration a - of the petition for Tax Differential Zone until after receipt of the annual audit. r, r H-4: City Clerk's Report None H-S: Finance Director's Report None H-6: Planning a Zoning Commission's Report Councilwoman Glick reported on the Planning a Zoning Commission meeting of October 13, 1976 in which the Commission held a public hearing on a request for variance from minimum side yard requirement in a Light Industrial Zone for Kenai Air Service. Also up for Commission consideration was approval of construction on airport lands, Lot 3, Block 2, General Aviation Apron - Kenai Air Service and Anglers Acres Subdivision, Part One - Final Plat. H-7: Kenai Peninsula Borough Assembly's Report Mayor Elson reported that Borough Assembly had two meetings - October 12 and . f 1 i J' ;f KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 197Ei Pago nineteen October 19. Mayor Elson advised that a Sales Tax meeting would be hold p� November 2nd at 3 p.m. in the Borough Building. ` • I. PERSONS PRESENT NOT SCHEDULED TO BE HEART) None f There being no further business to be brought before the Council, Mayor Rlson requested the Council move to other quarters for the purpose of an Executive Session. MOTION: { Councilman Ambarian moved, seconded by Councilman Morgan, that the Council ! adjourn to an Executive Session for the purpose of discussing the contracts) for the inspection services for the EDA Water Well Project. Motion passed unanimously. RECONVENE Mayor Elson brought the regular meeting of the Kenai City Council back to order at 2:23 a.m. ' MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to authorize the City to enter into an inspection service contract with Garth Pehrson pending approval by the Economic Development Administration. Motion passed by roll call vote. Voting yes; Morgan, Ambarian, Glick, Elson. Voting no; Whelan, Sweet and Ackerly. There being no further business, Mayor Elson adjourned the meeting at 2: 30 a.m. Respectfully rubmitted, s� Sue . Peter, City Clerk J � 1✓ i II CITY MANAGER'S REPORT #3 October 15, 1976 ADMINISTRATION f, FINANCE 1 • Kenai Proper . Owner's Association A resolution has been prepared and is on the agenda to set a date for public hearing for reassessment that the Council so directed following the Executive Session at the last meeting. It should be noted here that the time -frame identified in the resolution has to provide for a letter notification to each effected property owner. This is why the hearing is set for December 1, 1976. 2. Airportdv We expect to receive from our consultants the proposed grant application and design study early this week on or about the loth or the 20th. It will be distributed to the Airport Advisory Commission for their review and comments and following their Initial review, we will have a meeting to discuss the proposal. In the event, it is felt that additional input is desired from the consultants, we will ask one or more of the consultants to come to the City to discuss it with us. J4 2. Senior Citizen's Nutritional Program We have received word that the grant application for the Nutritional Program has been approved. We have on the agenda a resolution authorizing the acceptance of the grant and authorizing the negotiation of contracts for implementation of the grant. Additionally, we have an ordinance on the agenda which will set the budget for the project and, of course, requires a formal budget transaction establishing appropriations, revenues and setting the categories for expenditures. These items have not been pre- pared inasmuch as we have not received the letters per so. As soon as we receive the official documentation, we will complete the resolution and the ordinance and be able to "plug in" the numbers applicable. We prefer to approach it this way rather than delay the project for another two weeks. 4. Airport Ordinance Copies of this ordinance, as introduced, have been mailed to local fixed base operators and the FAA for their information and review prior to the public hearing this coming Wednesday. $. Assessment Ordinance Amendment We have an assessment ordinance amendment. This relates to a special ordinance which was passed in relation to a special situation for owners of a large number of individual lots. Again, this is a situation where there is a dangling situation and this amendment in effect is to close that and provide for proper administration of that ordinance. CITY MANAGER'S REPORT #3 - Page Two 6. Financial Status Report An abbreviated Financial Status Report is attached. I would like to draw your attention that as of the 31st of September, a quarterly report if we are on -target in all categories, our income should be approximately 25% of that estimated and our expenditures, encumbrances should also equal 25% of the projected budgets. Detailed reports will be available for Councilman Whelan and Councilman Ambarian on Tuesday or Wednesday. We will have them for them at the meeting in accordance with their expressed desires. 7. Grant Application for the Water Storage Reservoir The attached resolution authorizes the administration to file an application with pp t BDA under provisions of the Public Works Employment Act of 1076. The application will request a grant of approximately $1,400,000 to cover 100% of the costs as of the date of application for all activities pertaining to the construction of the reservoir. F , S. Tibbets Garage f� The request from Mr. Tibbets for reimbursement for the closure of his garage and legal fees is also included under old business on the agenda. Attached to the report Is a statement of history pertaining to the Tibbets situation. Also attached to that to a legal opinion from the City Attorney. Resolution of this matter is, of course, at the pleasure of the Council. 9. Hearinx by the City Council sitting as a Board of Adjustment for the City of Kenai in the matter of the Baptist Temple You will find enclosed in your folders for the night of the meeting a legal opinion i by the City Attorney as to the issues in this particular case and a draft resolution as to form pertaining to your findings in the matter. Some of the agencies that the administration has requested to appear are the State Department of Environmental Health. The Sanitarian will be able to give testimony as to the public health rules and regulations pertaining to the operation of a church/school. We will have our Fire Chief available to relate City and State requirements as to fire safety. We expect that we will have documentation from the State Department of Education in Juneau as to the requirements for certification for a school of this type. It is, of course, up to the Council as to what they desire to have presented into the record as a matter of evidence. 10. Petition for Tax Differential ' A work session was held Thursday night the 14th in the Public Safety Building - to discuss the petition for a Tax Differential Zone. The administration's position -- is that we have no way of really identifying the service for which a tax differential is being requested. We have made a presumption that relates to road maintenance. This may or may not be the case as the petition does not clearly identify these lack iriiriiifiini► - - CITY MANAGER'S REPORT #3 - Page Three .000� of services alleged. However, administration also feels that the tax differential situation would be opening a "Pandora's Box" and be nearly impossible to apply In an equitable manner to any part of the City. Further, we would recommend that two actions be taken by the City. One that we establish a reconstruction program of those which are obviously bad streets and which the City has accepted for maintenance. Secondly, we establish by ordinance or by Borough ordinance a subdivision requirement which would require for a developer to place a cash escrow or performance bond to insure proper development of the streets he has requested in his development. As an adjunct to that, we could also request for funding of his share of off -site improvements which would be a tremendous asset to the City and protect the City from a "fly by night" developer, speculator, selling homesites to a gullible public. U. Zoning Resolution This resolution relates to a proposed zoning change of City -FAA lands in the vicinity of the Spur Highway and Beaverloop. The Planning Commission is recommending in accordance with the map attached thereto by reference a rezoning from rural residential to general commercial. However, included in some of this rezoning is a area currently shown as conservation. I would make this comment -- it is much more desirable to rezone the entire area as general commercial and then as the City is the owner, we can by survey and plat designation protect those environmental concern areas by designing lots which are undersized or odd -shaped and unsuitable 014 for further development. 12. Resolution on Old Library Building The Planning a Zoning Commission has adopted a resolution recommending the Council set a public hearing to determine the use of the old Library Building and lands. This resolution was proposed by the administration as we will be moving the library in the next few days. We need instructions from the City Council as to what to do with this particular building. Hopefully, we will not be future landlords of a building which regrettably we must consider inadequate and perhaps dangerous. 13. Roads a Trails PY77,78 a 79 } Attached is a resolution to the State requesting allocation or confirmation of a program for Roads a Trails for PY 77, 78 and 79. It must be noted that these are anticipated funds inasmuch as they ey go before the voters on November 2, 1978 in the State Bond �+ < Issue for Roads. Therefore, there to no assurance that the measure will be passed V� and the funds actually will be available. To meet a deadline, the administration has = proposed what is shown on the resolution. Again, we will point out that this is only an initial commitment that we do have or will have a program. The actual funding of by the Council in a ro riots le sla any activitywill be appropriate igi Cory action making definitive ---" appropriations and setting definitive projects. So this is not binding on the Council �= at this time other than to say that we want the monies from the State for application on Local Roads a Trails programs. to CITY MANAGER'S REPORT 03 - PAGE Four r) 14. Bills for approval and ratification We have one major bill and that is the Auditor's fee for a significant sum which, of course, has been appropriated and is in the budget and needs Council approval at this time. DEPARTMENT OF PUBLIC WORKS 1. Forest Drive Water Line All construction is complete and final clean-up as well as street patching and in- stallation of gate valves and marking posts has been completed. As-builts have been received and are being sent to the Department of Environmental Conservation and the State for their approval so that we can receive the State funding. 2. Animal Shelter Construction of the Animal Shelter has been stopped at this time flue to the lack of electricity. We are, therefore, submitting an emergency ordinance for funding so that we can provide electricity to the facility. 3. Warm Storage Building The warm storage building is now WARM, however, lighting has not been completed. The project should be complete with the lighting this week. 4. EDA Water Well Transmission Line Clearing for the Well House and for the water line is complete. The footings for the Well House have been poured and back -filling compaction of the slab to in progress. Pourings for the two highway crossings have been completed and dismantling of the old well house on Caviar Street is proceeding. However, we have run into a snag already on this project and we are asking by resolution for approval of Change Order ail in the amount of $12,000. The design of the project was for a 60' under -the -roadway crossing and the State now requires that we put in a 120' crossing castings. To do this we need a $12,000 Change Order which is listed as a resolution on the agenda. S. Kenai Boat Harbor Road Construction of the road has stopped due to the rains and possibly will not continue until next summer. A small amount of base material to still needed plus gravel for surfacing of the entire road. CITY MANAGER'S REPORT #3 - Page Five 6. Redoubt Terrace Subdivision Construction of the water and sewer lines have been completed. We are now in the process of testing same. 7. Electrical Contract - Sewer Plant Most of the electrical work has been completed by Kenai Electric. There is some work that has to be accomplished by the City crew, hopefully, this will be completed in the very near future. S. Street Crew Activity The street crew has been finishing up some drainage problems prior to freeze-up and installing wings and blades on our snow removal equipment. 9. Water and Sewer Crew The water and sewer crew along with the Fire Department are in the process of flushing all mains and hydrants throughout the City prior to freeze-up. The water and sewer crew are also turning off water and draining all water lines to the parks. 10. Commendation for the Animal Control Officer We have had some comments from the public relative to the Animal Control operation and, in particular, had a call from one young lady commending our Animal Control Officer, Ken Simla, for his activities in finding a lost cocker spaniel which, Incidentally, he was blamed for losing on the radio. The allegatio3 was withdrawn and the people are very happy with his activities. 11. EDA Transmission Inspection Garth Pehrson's contract is now in the process of being finalized. We have his initial proposal, however, there are certain counter -proposals administration will make. This will require him to become essentially an independent contractor with appropriate legal requirements. Since we expect to be providing him with admini- strative support, transportation and so forth, we will insure that there is a charge which is rebated properly to the City as a part of the contract. 12. Street Lighting Agreement with the State Highway Department I have placed the agreement on the agenda for approval by the Council. However, I am having discussions with Phil relative to the requirement to detail inspect the lighting system before we accept it. hopefully, we will resolve that so that we can move the resolution at the Council meeting. CITY MANAGER'S REPORT #3 - Page Six 13. State Highway Reconstruction of Forest Drive and Redoubt Avenue I have received no answer from the State as to my letter of complaint to them last week. If I do not receive an answer in the near future, I will make additional contact with that office. 14. Water and Sewer Permit Fees We have on the agenda a resolution to raise from the table the water and sewer permit fee ordinance. Since another public hearing is required, at this time the resolution will simply call for a public hearing at a future date. We will have completed all aspects of the ordinance at that time. 15. Little Ski-Mo a. On the lot the Little Ski-Mo to located, there are two structures - a trailer (residence) and the Little Ski-Mo (the business) . In 1969, water and sewer tie-in permits were obtained. In 1972 water and sewer connections were reported as being made. As of that date, October 1072, billing was commenced as to commercial rate for water and sewer. The trailer has had both water and sewer and the little Ski-Mo as of May -June 1976 had only water. Sewer was available but the Little Ski-Mo was not tied into f the public sewer. The Department of Health, State of Alaska, reports that on 6-25 the sewer of the Little Ski-Mo was tied in to the line running from the trailer to the sewer main. The property has had sewer and water and was billed correctly. No rebate to properly due. It is recommended that the motion providing for rebate be rescinded. b. (lusty Subdivision Lot 3 - New Ski-Mo. In 1970, water assessment calculations for the three lots of the subdivision were made. Such assessment charges were to be made as "payment in -lieu of assessment" in the amount of $4, 364.23. in 1972, records indicate and apparent agreement to "pay half of the cost of sewer and water hook-up when no sewer line was found as indicated on the City drawings" . That was annotated on a bill to Mr. Ferguson, the owner at the time. in 1973, records indicate an allowance of $2, 200 was made in regard to the "non- existent sewer line". In 1975, records indicate sewer lines had been extended by the then owner as he sought relief from penalty and interest that he was then owing. R w � I CITY MANAGER'S REPORT #3 - Page Seven By inferenco it appears that by virtue of the allowance of $2, 200 to the lease rental the Lessee had, in fact, extended sewer lines at his own expense. This is further verified by the request for relief of 1975. Logically, it follows that a prudent man would , when extending facilities such as sewer, extend them to the degree of serving all identifiable properties in his control -- in this case Lot 3. It is, therefore, concluded that the City could reasonably accept information that the sewer main extension to include Lot 3 did exist. Claims for non-existence of sewer mains on � Cohoe or Birch Street extension abutting Lot 3 should, therefore, be made to the pre- ceding owner of record. ` - John E . Wise, City Manager JW: sp �J R r \