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HomeMy WebLinkAbout1976-12-01 Council MinutesAVYM1)A lti•.r,(!I,�,It '•tl I•'f11C 1<1'NA1 CITY (Y)t'1C'I1, i11-r'L.Ulix 1. 1976 • 8:00 P.Rt. V0111,iC. SAFF'I Y Y('ll. MIG ' PLEDGE OF ALLEGIANCE pACt; A. itOld. CAM, ACF.NDA APPROVAi, 1). PUBLIC: HEARINGS ; 1. Final rem-wss:ment rolls for Pertain Wider and Sewer 1)nprovenwnt Dialriets 1 n, Wader hr:,-,rovem(•nl nistrlet No. 73-t.'�-1 1 b. Sewer hmprovement III strict No. ?3-82 2 c. Water Improvement Di>; 00 1o. 8 3 d. Water Improvement nistrict Mo. ?3--1V-2 4 e. Sewer improvement i)L:trlct No. 73 Si 5 f. )^.stet• Improvement IP.:triet No. 73-1%15 5 , g. Sewer Improvement ui!4ricl No. 73-S3 5 2. Rei ..!i of Reveroge Dispensary Mcense - The Cns,ioo 6 -- 3, Retre'.::i of hevr:r(,ge i)Ispenxary Cleanse - Food Town Liquor Store g 4. Authorized Gar:bes of Chance and Skill - Kenai Kennel Club 7 I C. PERSONS PRF.Si:NT SCHEDULED TO nF. flt:ARn " 1. 2. 1). MINUTiiS - 1. Minutes of the Revuler meeting of November 17. 1976 7 -, % E. CORtrFSPONI)FNCE j 7 2. F. OLD BUSINESS 1. Wince-Corthell trilling 7 11 2. Resolution No. 76-80 - Water improvement Districts W-3 and 11-4 i g i • . -- - Sovrer Improvement District S-4 I 0. NEW 1)USI;tESS ! I. Hills to be paid - Hills to be ratified 8 ( 2. Ordhu,nae 297-76/77 (C) -Title 11, Anti Recession Revenue Sharing e 9 ! 3. Ordinance 321-76 - Capital Projects Fund Entitled Forest nritT Water Line 9 4. Ordinance 322-76 - Capital Projects Fund Entitled Water Project No. 07-01-01884 9 -_-_ 5. Resolution 76-78 - Accepting Amended Grant Funds from FDA 10 6. Resolution 76-79 - Transfer of Funds - Airport ilian 10 7. Payment to Architect - Kenai Community Library Project 10 i i." 8. Lease of Airport Facilities - Alaska Aeronautical Industries, Inc. 11 9. Discussion - Tinker Lane Sewer Kxtension Project 11 10. Discussion - City *tanager Relocation Expenses 12 11. Discussion - Collier Cher.,ical Water rtirhta Draft fetter 13 32. Resolution No. 76-88 - Transfer of Funds - insurance Premiums 8 13. Payment to Eckman Center - Grantsmnnship Seminar 13 ' 14. 15. 1I. REPORTS I. City Dfonager's Report 14 1 ' 2. City Attorney's Report 14 3. Mayors Report 4. City Clerk's Report 5. Finance Director's Report 14 14 15 G. Plamdng E Zoning Commission's Report 15 7. Kenai Peninsula Borough AssembIy's Peport 15 I. PERSONS PR17SFNT NOT SCIiI?i)ULED TO 1* i1EARD I 1. 15 - 2. 1 KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 1, 1976 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A . ROLL CALL Present: Edward Ambarian, Tom Ackerly, Walter Sweet*, Dan Whelan, Richard Morgan, Betty Glick and James Elson. Absent: None AGENDA APPROVAL The following items were approved for addition to the agenda: B-4: Application for Games of Chance and Skill - Kenai Kennel Club G-12: Resolution 76-88 - Transfer of Fund, Insurance G-13: Payment to Eckman Center - Grantsmanship Seminar B . PUBLIC HEARINGS B-1: Final Reassessment Rolls for Certain Water & Sewer Improvement Districts (a): Water Improvement District No. 73-W1 City Manager Wise advised that two written protests had been received - one from Mr. Laurent and one from Mrs. Hodges. Mayor Elson opened the hearing to the public -- there being no comment, the hearing returned to the Council table. Mayor Elson inquired if Council wished to take immediate action or if they felt a Special Meeting would be in order which would allow Council time to review all items pertinent to the matter. It was the unanimous feeling of Council that a Special Meeting date be set for final rendering of the Council's decisions. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to defer action on Water Improvement District No. 73-W1 to a Special Meeting which will be held on Thursday, December 9, 1976, 5: 30 p.m. in the Kenai Public Safety Building. Motion passed unanimously. KENAI CITY COUNCIL, REGULAR MEFTING. DECE.MBER 1, 1976 Page Two 4 Sewer Improvement District No. 73-82 City Manager Wise advised that letters of protest had been received from the following: Thornton, Howell, Canson, Hosteter, Jackson, Gabbet, Konte, Rimer, Pace, Bell, Chapman, Tressler and Anderson. Mayor Elson opened the hearing to the public for their comment. David Thornton - Tinker Lane -- Mr. Thornton expressed his objections to the ' assessment received as one lot was assessed was unimproved and the other lot was assessed at a much higher rate because of improvements. Mr. Thornton stated he felt that assessments should be based with no improvements added. Bob Jackson -- Mr. Jackson stated he strongly opposed the method of computation. Merle Hosteter -- stated he felt that he was assessed on value of property and not on footage and felt this was unfair method of computation. Claude Gabbet -- inquired if the 25% assessed was based on square footage and also a former City employee had advised that his assessments would not be over $1,200 J when in fact he has been billed for $1,900. Y / City Manager Wise read passages from the Kenai City Charter regarding the 25% limitation (Section 7-3) . i Ardelle Pace -- opposed assessments and stated she felt that the computation was not { - just. i *Councilman Sweet in at this time. y' Mayor Elson explained the legal limits to which the City can assess -- this includes the 1973 Borough valuation, add rate of assessment on a square footage basis and { the City can then assess 25% of this combination. B . E . Canson -- asked U easements were included in the computation? Mr. Wise ; { advised that he did not have the infaa:mation on this particular question and would, i therefore, look into it and get back to Mr. Canson. i r Hilton Bell - protested that his property had been over -assessed. Opal Robinson - asked for explanation of the difference in her assessments and another piece of property owned by another individual which were the same size. i Mrs. Robinson stated that they assessed her property at $20,000. Mr. Wise advised that her property was assessed at $2,000 not $20,000. =�- Darby Howell - Mr. Howell protested the high assessments and stated that his assess- , ° ments were almost as much money as he paid for the property originally. I -- J 1 .v I I� 1 KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Three Mike Multanen - questioned the 6-3/4 cent/sq. ft. figure and stated he did not believe 01 that it would work out to more than $.5/sq. ft. Mayor Elson advised that the cost of construction exceeded the early estimate. Bob Jackson - Mr. Jackson stated he objected to the procedure and that the City kept coming up with the same cost figures. David Thornton - advised that the original water/sewer billings were mailed out prior to the public hearing and stated that he felt that this was not just. Also, Mr. Thornton questioned the appraised value of all of his property when only a portion would be served the water/sewer improvements. Mr. Thornton asked for Council policy on whether or not the individuals who have not paid their assessments would be levied penalty and interest for back payments, etc. Mayor Elson advised that the Council had established nothing formal at this time and all that was before Council was the Administration's recommendations and public comment Merle Hosteter - reiterated his opposition of the assessment levied against his - property. G / Doris Garrison - advised that in comparing assessments with other property owners she felt that her assessment was considerable higher. Mrs. Garrison was advised that the difference would be in a structure on the property, etc. Bob Jackson -- presented a solution for Council consideration in that the City take = 4 the valuation of the property and assess on a per square footage basis and take 25% of that figure -- don't penalize for improvements to the property. There being no further public comment, the hearing returned to the Council table. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, to defer action on Sewer Improvement District No. 73-52 to a Special Meeting which will be held on Thursday, December 9, 1976, at 5:30 p.m. in the Kenai Public Safety Building. Motion passed unanimously with Councilwoman Glick abstaining. Water Improvement District No. 8 Mr. Wise advised that letters of protest had been received from the following Individuals; Thornton, Howell, Canson, Hosteter, Jackson, Gabbet, Pearson, Rimer, Pace, Bell, Chapman, Kressler and Anderson. Mayor Elson opened the hearing to the public. J r , y KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Your David Thornton - objected on the same basis as in his previous comments of opposition. Hilton Bell - questioned his assessments as they appeared much higher than for comparison properties. Council directed Administration to look into this matter and make necessary adjustments if required. Bob Jackson - voiced objections in behalf of the members of the Kenai Property Owner's Association who were not able to attend. Ardelle Pace - objected to the assessment against her property. Darby Howell - registered a protest on assessments levied against his property. i There being no further public input, Mayor Elson returned the matter to Council. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, to defer action on Water Improvement District No. 8 to a Special Meeting which will be held on Thursday, December 9, 1976, at 5:30 p.m. in the Kenai Public Safety Building. U Motion passed unanimously with Councilwoman Glick abstaining. Water Improvement District No. 73-W2 Mr. Wise reported that one letter of objection had been received from the Grahams in which they protested the inclusion of improvements on the assessed valuation. Mayor Elson opened the hearing to the public. Bob Jackson - objected to the assessments on behalf of those Kenai Property Owners Association members who resided within the district and were unable to attend. Darby Howell - objected to the assessments being the same for both water and sewer as the cost for installation is not the same. MOTION: ,j -` Councilman Sweet moved, seconded by Councilman Ambarian, to defer action on Water Improvement District No. 73-W2, to a Special Meeting which will be held on Thursday, December 9, 1976 at 5: 30 p.m, in the Kenai Public Safety Building. Motion passed unanimously. 0 f KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Five Sewer Improvement District No. 73-S1 n Mr. Wise advised that one letter of protest had been received from the Grahams. it Mayor Elson opened the hearing to the public. Bob Jackson - objected to the assessments on behalf of those Kenai Property Owners Association members who resided within the district and were unable to attend. There being no further public comment, Mayor Elson returned to the hearing to the Council table. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to defer action on Sewer Improvement District No. 73-S1 to a Special Meeting which will be held December 9, 1976 at 5: 30 p.m. in the Kenai Public Safety Building. Motion passed unanimously. Water Improvement District No. 73-W5 Mr. Wise advised that no written protests had been received. Of the property contained within this district, Mr. Wise reported that eight parcels are owned by the Cu.. and one by an investment corporation. Mayor Elson opened the hearing to the public -- there was no public comment. MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, to defer action on Water Improvement District No. 73-W5 to a Special Meeting which will be held on Thursday, December 9, 1976, at 5: 30 p.m. in the Kenai Public Safety Building. Motion passed unanimously. Sewer Improvement District No. 73-S3 Mr. Wise advised that Mr. Tschoepl, on his initiative, had contacted the City $ and was given an estimate for sewer installation prior to the formation of the assessment district. Mr. Wise reported that this estimate was considerably lower than the assessment. j Mayor Elson opened the hearing to the public. r ; Bill Tschoepl - objected to his assessments in that the matter as reported by the City Manager was correct and Mr. Tschoepl felt that the City should make some consideration In his behalf and allow some relief to his assessments. A 6 KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Six Bob Jackson - objected to the assessments in this sewer improvement district on pobehalf of the members of the Kenai property Association who were unable to attend and also spoke in favor of consideration to Mr. Tschoepl as Mr. Tschoepl had made an oral protest at the original public hearing but had not been included in the Court's recent findings. There being no further public comment, the Mayor returned the hearing to the Council table. MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, to defer action on Sewer Improvement District No. 73-53 to a Special Meeting which will be held on Thursday, December 9, 1976, at 5:30 p.m. in the Kenai Public Safety Building. Motion passed unanimously. Mayor Elson directed the City Attorney to contact other cities in Alaska as to their methods of valuation, computation, etc. and research the legality of the method of valuation of assessments. Councilman Morgan requested Administration garner all Information possible with regard to costs and how they were originated, etc. r B-2. Renewal of Beverage Dispensary License - The Casino t Mr. Wise advised that the Borough offices had been contacted and all taxes are t current. Also, Chief Ross had no objection to the approval of this application. i Mayor Elson opened the hearing to the public. There was no comment. I Council unanimously approved the application for renewal of Beverage Dispensary . License for the Casino. B-3: Renewal of Beverage Dispensary License - Food Town Liquor Store Mr. Wise advised that the Borough office had again been contacted the morning of the Council meeting and Mr. Barton of the Borough advised that the only delinquent taxes were the real property, taxes. Councilman Whelan stated that it would be more pertinent to the issuance of the license if the sales tax were delinquent. Mayor Elson opened the hearing to the public -- there was no public comment. MOTION: Councilman Whelan moved, seconded by Councilman Ambartan, for approval of renewal of Beverage Dispensary License for Food Town Liquor Store. KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Seven Councilman Morgan stated he felt that the approval should not be given unless all taxes were current. Motion passed by roll call vote. Voting yes; Ambarian, Ackerly, Sweet, Whelan, Glick and Elson. Voting no; Morgan B-4; Application for Permit for Authorized Games of Chance & Skill - Kennel Club City Manager Wise advised Administration recommended approval to the application for a permit for authorized games of chance and skill for the Kenai Kennel Club. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for approval of application for permit for authorized games of chance and skill to the Kenai Kennel Club. Motion passed unanimously. C . PERSONS PRESENT SCHEDULE TO BE HEARD None D. MINUTES D-1: Minutes of the Regular Meeting of November 17, 1976 As there were no additions or corrections to the minutes, they were approved as distributed. E. CORRESPONDENCE Mayor Elson advised of correspondence received by him which would be on file with the City Clerk. This correspondence included a letter from Borough Mayor Gilman on the Borough's position with regard to CEIP, a letter from Department of Health & Social Services with regard to Day Care Centers, correspondence on Coastal Zone Manage- ment from Community and Regional Affairs and letters from Senator Gravel on the Public Works Bills and information on the Criminal Justice Planning Agency from the Governor's office. F. OLD BUSINESS F-1: Wince-Corthell Billing City Manager Wise advised that the City had been presented with a billing from Wince-Corthell & Associates for engineering services on the Municipal Ball Park Project of 1974 in the amount of $2,391. The City has been unable to confirm or locate any pertinent materials which substantiate this billing and Administration would, therefore, not recommend approval. a KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Eight MOTION: Councilman Sweet moved, seconded by Councilman Whelan, that the City pay Wince-Ccrthell & Associates for engineering services on the Municipal Park Project 1974 in the amount of $2, 391. Motion failed unanimously by roll call vote. F-2: Resolution 76-80 - Water Improvement niatriets W-3 and W-4 and Sewer Improvement District S-4 Mayor Elson read Resolution No. 76-80, "a resolution of the Council of the City of Kenai, Alaska, repealing that portion of Resolution 76-64 which relates to Water Improvement Districts No. W-3 and W-4 and Sewer Improvement District No. S-4. Whereas, the Council has determined that further investigation must be made on Water Improvement Districts No. W-3 and W-4 and Sewer Improvement District No. S-4 before any reassessment is attempted. Now, therefore, be it resolved by the Council of the City of Kenai, Alaska that Resolution No. 76-64 is hereby amended by deleting all references in the Whereas clauses in Section 1 and in Section 4 to Water Improvement Districts W-3 and W-4 and Sewer Improvement District S-4". MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of Resolution No. 76-80, repealing that portion of Resolution 76-64 which relates to Water Improvement Districts No. W-3 and W-4 and Sewer hnprovement District No. S-4. Motion passed unanimously by roll call vote. G. NEW BUSINESS G-1: Bills to be paid - bills to be ratified Ross Kinney, Finance Director, advised that one item included is to cover insurance premiums and until the resolution under item G-12 has been passed, funds are not properly budgeted. G-12: Resolution No. 76-88 - Transfer of Funds Mayor Elson read Resolution 76-88, "be it resolved by the Council of the City of Kenai that the following transfer of monies be made within the 1976-77 General Fund Budget. From: Contingency - $(12,420) To: Non-departmental/Insurance - $12,420. the purpose of this resolution is to transfer budgeted dollars for paying insurance premiums for the City of Kenai." MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of I w.sL_. , KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Nine Resolution No. 76-88, transfer of funds. Motion passed unanimously by roll call vote. G-1: Bills to be paid MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of those items listed for payment and approval of those listed for ratification. Motion passed unanimously by roll call vote. G-2: Ordinance No. 297-76/77(C) - Title II, Anti Recession Revenue Sharing Mayor Elson read the ordinance by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai establishing a special revenue fund entitled Title II, Anti -recession revenue Sharing by increasing estimated revenue and appropriations in the amount of $13,957." MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for introduction of Ordinance No. 297-76/77(C), establishing a special revenue fund entitled Title II, Anti -Recession Revenue Sharing by increasing estimated revenue and appropriations in the amount of $13,957. Motion passed unanimously by roll call vote. G-3: Ordinance No. 321-76 - Capital Projects Fund Entitled Forest Drive Water Line Mayor Elson read Ordinance No. 321-76 by title only as copies were available for the public prior to the meeting. "An ordinance of the Council of the City of Kenai, Alaska, estalishing a Capital Projects fund entitled Forest Drive Water Line and increasing estimated revenues and appropriations in the amount of $105, 333" . MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for introduction of Ordinance No. 321-76, establishing a capital projects fund entitled Forest Drive Water Line and increasing estimated revenues and appropriations in the amount of $105,333. Motion passed unanimously by roll call vote. G-4: Ordinance No. 322-76 - Capital Projects Fund Entitled Water Project No 07-01-01684 Mayor Elson read Ordinance No. 322-76 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska, establishing a Capital Projects fund entitled "Kenai Water Project No. 07-01-01684" and increasing estimated revenues and appropriations in the amount of $1,392,000." I I M A = KENAI CITY COUNCIL, REGULAR MEETING, DF.CEMBFR 1,1976 Page Ten MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for introduction of Ordinance No. 322-76, Capital Projects Fund entitled "Water Project No. 07-01-01684. Motion passed unanimously by roll call vote. G-5: Resolution No. 76-78 - Accepting Amended Grant Funds from F.DA Mayor Elson read Resolution No. 76-78 by title only as copies were available for the public. "A resolution of the Council of the City of Kenai, Alaska, accepting the amended grant funds in the amount of $696, 000 or 50% of total project costs, whichever Is less, from the Economic Development Administration for Kenai Water Project No. 07-01-01684". MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of Resolution No. 76-78, accepting amended grant funds from EDA. Motion passed unanimously by roll call vote. G-6: Resolution No. 76-79 - Transfer of Funds - Airport M&O Mayor Elson read Resolution No. 76-79, be it resolved by the Council of the City of Kenai that the following transfer of monies be made within the 1976-77 Airport M&O Budget. From: Airport M&O - Repair & Maintenance Supplies - ($300) . To: Airport MAO - Machinery & Equipment - $300. The purpose of this resolution is to provide funds for the purchase of a cutting and welding outfit to be used for repair on the air- port system". MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Resolution No. 76-79, transfer of monies within the 1976-77 Airport M&O Budget. Motion passed by roll call vote. Voting yes; Ackerly, Sweet, Morgan, Glick and Elson. Voting no; Ambarian and Whelan. G-7: Payment to Architect - Kenai Community Library Project Mr. Wise advised that this was the final billing from the architect on the Kenai Community Library Project in the amount of $2, 023. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for final payment to Lane -Knorr -Plunkett in the amount of $2,023. Motion passed unanimously by roll call vote. IKENAI CITY COUNCIL, REGULAR MEETING, DECEMRER 1, 1976 Page Eleven G-8: Lease of Airport Facilities - Alaska Aeronautical Industries, Inc. Mr. Wise advised that AAI had requested additional space in the Kenai Terminal Building to be used for operation of passenger station and counter ticket sales. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of lease of 1,004 square feet of space to Alaska Aeronautical Industries, Inc. for a period of 5-1/2 years for a lease rate calculated as set forth in Schedule "A" attached thereto on the official lease document. MOTION - AMENDMENT Councilman Morgan moved, seconded by Councilman Sweet, that the motion be amended to include approval of the lease subject to verification that access to the unleased area of the freight section remain available to the City for future leasing. Motion passed unanimously. MOTION, AS AMENDED Passed unanimously by roll call vote G-9: Discussion - Tinker Lane Sewer Extension Project Mr. Sellers and Mr. Hamilton with the Grace Brethren Church came before Council for assistance in resolving their problems with regard to sewer hook-up. The sewer Me was not extended to the property line. Mr. Hamilton advised that the church was now at a point in its construction that it would be necessary to make this hook up so that construction of the church could be completed. Mr. Hamilton inquired if the City were going to run the line or not. Mr. Wise advised Council that data found in the City files indicated an agreement made by prior administration to extend the line. Mr. Wise further advised that Grace Brethren had paid their assessments in full and that the line has no frontage along their property. Councilman Morgan inquired if this to a type of situation in which an assessment district should be formed? Mr. Wise stated he felt that under the present circumstances, the City should not take this type of action. Mr. Wise further advised that the City had gone to bid for this project but all bids received were far in excess of the estimated cost of construction and the City had rejected all bids. I i f j KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Twelve 1 Councilman Ambarian suggested that a temporary type of arrangement be made for a sewer facility that would be acceptable until next construction season and the costs incurred by the church would be deducted from the overall cost of construction of a sewer line next spring. Mr. Sellers, superintendent of construction for the Grace Brethren Church, advised that the church had delayed any type of hook up because of information received from the Public Works Director in that the City would be installing a line this construction season so that the Church could tie in to it. Councilman Morgan stated that the council had not been aware of the entire situation and the City does probably have a responsibility to do the project but the City has to be able to finance the project too. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, that the City of Kenai authorize the Grace Brethren Church to install temporary sewer facilities not to exceed $3, 000 in cost to the City with the expenses being approved by the City so _ that these expenditures will be credited when the sewer line is extended up Tinker Lane. Councilman Morgan stated that it was his feeling that the City would run into this situation in other areas of town and, therefore, this was not a fair solution to the problem in that the costs would have to be borne by the taxpayer. Councilman Morgan further stated that he would have to vote against the motion but did ask that the motion be amended to show the reasoning behind Council's action. _ Councilman Ambarian, with consent of second, amended his motion to include that this action was being taken as the City was unable to meet verbal commitments by the ' Public Works Director that the City would install a sewer line extension during this construction season. Council unanimously approved the amendment. MOTION, AS AMENDED Motion passed by roll call vote. Voting yes; Ambarian, Ackerly, Sweet, Whelan, Glick and Elson. Voting no; Morgan. G-10: Discussion - City Manager Relocation Expenses City Manager Wise requested Council direction with regard to his relocation expenses. Finance Director Ross Kinney advised that $1, 500 to in Legislative -Contingency to be transferred for the purpose of allowing funds for relocation expenses for the City Manager. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Resolution No. 76-89, transferring funds from Legislative -Contingency - ($1, 500) to City Manager - Transportation - $1, 500 to provide funding for relocation expenses of the City Manager and in the event the City Manager leaves City service the City will be reimbursed for all or part of such expenditures according to the standard schedule as set out in the "Employee Transportation Agreement". x KENAI CITY COUNCIL, REGULAR MEETING, DECEMBFR 1, 1976 Page Thirteen Motion passed unanimously by roll call vote. After considerable discussion as to additional funding that could be provided to aid in the relocation expenses, the following determination was made. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Resolution No. 76-90, transferring monies within the 1976-77 General Fund Budget From: Contingency - $ (5, 000) To: City Manager -Transportation - $5, 000. The purpose of this resolution is to provide funds for the relocation expenses of the City Manager and in the event the City Manager leaves City service the City will be reimbursed for all or part of such expendiures according to the standard schedule as set out in the "Employee Transportation Agreement". Mayor Elson stated that he did not intend that his comments be taken adversely against the character of the City Manager, however, he did object to the entire procedure -- felt this method of transferring funds will open the City to criticism. Also, Mayor Elson stated he felt that the City did not have the responsibility to pick up 100% or anything close to that on relocation expenses. QUESTION: Motion passed by roll call vote. Voting yes; Ambarian, Ackerly, Sweet, Whelan, Morgan and Glick. Voting no; Elson. i G-11: Discussion - Collier Chemical Water Rights Draft Letter I Councilman Ambarian requested that a correction be made in all areas in which it appears in the letter to change "Collier Carbon and Chemical Company to Collier Carbon and Chemical Corporation". Also, Councilman Ambarian advised that the letter should f be sent out immediately in order to be made part of the record prior to the decision which should be forthcoming next week. There was no objection to the draft letter as corrected. ' G-13: Payment To Eckman Center - Grantsmanship Seminar Mr. Wise advised that this billing was received from the Eckman Center for a seminar that the former City Manager had signed up for and did not attend. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, that the City of Kenai pay the statement in the amount of $65 to the Eckman Center for the Grantsmanship Seminar. Councilman Sweet stated that for a matter of record he was going to vote against his motion. Motion failed unanimously by roll call vote. b � KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Fourteen H. REPORTS H-1: City Manager's Report (a) Mr. Wise advised that Administration would have a meeting with the Airport Advisory Commission Thursday to discuss the FAA Planning Grant. (b) A meeting will have to be rescheduled to discuss the mural on the Kenai Airport Terminal Building with the Art Instructor of the High School. ' (c) Mr. Wise reported that his wife and family would be leaving the East Coast Friday and he would like to meet them in Juneau and drive them on into Kenai. Mr. Wise requested a waiver of three days annual leave to be taken prior to the end of probationary period. Council unanimously concurred. (d) Councilman Ambarian inquired as to the status of the Montessori School which is operating � out of the Fine Arts Center building. Mr. Wise stated he would have a report at the next _ meeting of the Council with regard to this matter. (e) Councilman Whelan asked for an explanation of a mailing from City Hall to Sr. Citizens j In the area in which the questionnaire was to be returned to a local realtor. Councilman Ambarian stated he believed that this matter could be considered a "conflict of Interest". Mr. Wise acknowledged this situation and stated that the City had been in error in that the questionnaires should have been returned to the City. H-2: City Attorney's report (a) Kenai Baptist Temple -- City Attorney Williams advised that the City had received word through an article in the Anchorage newspapers that the Kenai Baptist Temple have filed suit in Anchorage -- at this time the City has received no official action. (b) Tidelands -- the State has assured the City that the documents of conveyance are being i compiled and the State Director will sign them after the first of the year. 't H-3: Mayor's Report i The Council on Aging has requested Council ratification of three additional new members to their group -- this matter will be taken up at the next meeting of Council. Mayor Elson requested that Administration draw up a resolution to be presented at the next meeting endorsing Donnis Thompson to serve on the Board of Regents for the University of Alaska. I H-4. City Clerk s Report None KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 1, 1976 Page Fifteen H-5: Finance Director's Report Council directed the Finance Director to prepare a resolution to include the following signatures on all checks issued from City Hall and the requirement that either the Finance Director or the City Manager's signature must appear on all checks issued: Finance Director, City Manager, representative from the Finance Department and a representative of Administration. H-6: Planning & Zoning Commission's Report Councilwoman Glick advised that the Planning Commission had postponed their last meeting because of Thanksgiving, however, at the last meeting of the Borough Planning Commission, the subject of a new refuse site was discussed and one area proposed was located about seven miles from Kenai (Poppy Lane area) which would serve both Soldotna and Kenai. H-7: Kenai Peninsula Borough Assembly's Report Mayor Elson advised that there would a 20 million dollar bond issue in January. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None There being no further business of the Kenai City Council, the meeting adjourned at 1:15 a.m. Respectfully submitted, 46ufeCrPeter, City Clerk t ..t C ---law, 1 .;e) CITY OF KENAI ADMINISTRATIVE REPORT #6 (November 26, 1976) Administration & Finance 1. Assessment Resolutions There will be several resolutions on confirmation of water and sewer assessments. These will be paired by appropriately geographical districts. Hopefully, as the people present their positions they will then feel that they have accomplished their end and leave the session. I'm afraid that we may have quite a crowd otherwise. We do know of some problems and some additional corrections that will have to be made. To date, very few in writing problems have been forwarded to the City. However, we do know of several walk-ins who have described problems which will to have action taken on them. I hope that we will have this data worked out before the meeting on Wednesday. 2. Resolution to delete the unassessed districts from consideration at this time. In reviewing the maps of these unconfirmed districts, we find that they are apparently piece -meal in groupings of different parcels. There is a legal problem with this in relation to continuity, legitimacy of the cost of the assessment and so forth. I have dis- cussed this with the attorney and at this time we would like to delete this from consider- ation and perhaps discuss it at one of the Council work sessions as to what legal action , we properly can take regarding these areas. 1 3. Letter Wince-Corthell This is a billing from Wince-Corthell relating to engineering services for the Municipal Park Project-1974. This letter is included in your packet. We have no data indicating that a purchase order or Council authorization was ever made or issued for this particular project. We believe that this was a contribution by Wince-Corthell to the City, however, now we have the billing and simply we have no budgeted funds to pay this billing. There- fore, we must refer to Council for their decision as to the legitimacy of the bill and also to provide the funding in the event they feel this bill to legitimate. 4. Ordinance - Well and Water Line Project This ordinance is a remedial ordinance to correct a situation that we didn't realize until we started putting all the pieces together on the Well and Water Line Project. We do not have a proper funding ordinance at this time. This ordinance will provide for the receipt of funds from the state and federal governments, appropriate from bond monies the City's share and provide for a proper expenditure to complete the project. Actually, this should have been done before we commenced anywhere on this project. �1 -2- 5. Resolution - Water Well and Water Line Project This is to properly acknowledge the increase in the federal share for the project. This will raise their agreed upon contribution from roughly 40 some percent to the proper 50% level. Incidentally, this is the money that Senator Stevens was referring to as being under review. 6. I would like to report here that we have a letter from the State on the Plater Well Project which increases the State's contribution. However, this contribution is $100 short of the magic 25%. I have written the State asking them to increase their contri- bution by $100 to make it a clean, correct 25% equivalent share. I feel that can be done with the minimum amount of difficulty inasmuch as the federal government in making their contribution rounded out their figures to the next highest thousand dollars -- so the Federal government gave us an extra $200 above our request and, therefore, we need to ask the State to give us an extra $100. Naturally, these are only maximum funds that are allocated, not the funds that will be spent necessarily. 7. Ordinance - Forest Drive Again this is a remedial ordinance. This ordinance should have been adopted prior to the actual work on Forest Drive. But we do need an ordinance to establish the contributions and appropriations and the proper expenditure of funds. S. AAI Lease AAI has requested additional terminal space which is essentially the old Wien space, counter and back room. They are not going to give up their existing space so this will simply be an additional space rented by AAI. The new space will be essentially passenger and reservation space. The old or existing space will be turned into a cargo -freight handling area. 9. Resolution - Transferring Funds - Airport M&O Fund I believe that you will find this resolution self-explanatory. !0. Final Billing from Architect - Library Project This is the final billing from the architect on the Kenai Community Library Project to be presented to Council for final approval. U. We have prepared specifications for the three bids authorized at the last public meeting - that is the renovation of Fort Kenay, the staffing of the Senior Citizen Nutritional Program and finally the maintenance of the street lights. Hopefully, we will have these bids recef%ved and before Council on the 15th of December and at that time we will ask for approval assumW they are in good order and will hope to start the maintenance on the street lights early thereafter and affect the Sr. Citizen Nutritional Program early In January. i us N 2 -3- 12. Ordinance - Anti Recessionary Funding We have by Council action requested Anti Recessionary Funding under Title II of the Public Works Employment Act. The first check has been received in the amount of little over $13, 000. We are required by the law and regulations to expend this money or obligate this money by six months of receipt. At this time I would like to put this money into the Police Department as a special line to simply fund the existing salaries. on future receipts we will propose use of that money to cover various other current employee positions. We are not contemplating asking for any additional personnel to be funded by these monies. Our intent at this moment to to make up deficiencies in funding of currently employed personnel as they occur and also to provide for the saving of appropriately budgeted funds allowing them to lapse into surplus at the end of the year. 13. Library Lands A letter has been sent to the Historical Society with a copy to the Fine Arts Council relative to the Administration proposal for the disposition of the Block 17, Lots 3, 4, and 5 which comprise the library lands and Fine Arts Center building. I have not yet received a response from either group - the Historical Society or the Fine Arts. Because of the lease of the library building to the Salvation Army for the Christmas period, I doubt that we will receive a response from the Historical Society until the first of January. 14. Montessori School A letter has been prepared and is in the mail to the Fine Arts Council reference their lease of space to the Montessori School pointing out by definition that schools must obtain a Conditional Use Permit and secondedly the lease must be considered improper without the specific approval of the City Council. We ask, therefore, that further operation of the school must be terminated, 15. The sewer work questioned at the last Council meeting is a capital approved item and was specifically eliminated from the budget as an appropriated item . 16. Library Audit With the wind -down of the library construction project, it is necessary that we prepare an audit of that project to recoup grant monies from the State. We propose to utilize Peat, Marwick a Mitchell to complete this audit which should be limited to perhaps 8-10 hours inasmuch as much of the preliminary work is done in accordance with regular annual audit of City activities. If there is no objection from Council, we will proceed to move on this particular Item. 17. Legislative Session with area Delegation This is tentatively set for the 15th of December following a Chamber of Commerce luncheon, You will be notified if we have concurrence of all individual members of the delegation and of the specific time and place set for the meeting. You are encouraged to develop the questions you have for this delegation and provide them to administration as soon as possible. -4- 18. Financial Report The Financial Report has been revised in accordance with Councilman Whelan's request to snow the original adopted budget and revised budget. Ross will be available to explain the differences in the two columns. 19. There is a proposed letter to the State reference Collier Carbon's request for water rights. Please annotate any comments you have on the letter so that we can have this approved by the Council at this next meeting. 20. ADAP/CEIP We have received a revised planning grant proposal for the Airport Study. Mince I am going to Anchorage on Tuesday, the 30th and will remain overnight, for a discussion on Coastal Energy Impact Regulations on the lot, I will see Jim Perham of the FAA Tuesday morning and review with him any FAA objections to the revised proposal. Following this we will have an Airport Advisory Commission meeting and perhaps have the consultant come up to explain any particular problems we may have before we finalize the proposal. In regard to the Coastal Energy Impact Program which has been set for Tuesday afternoon and all day Wednesday, this is to review the final regulations proposed by the Department of Commerce. We have submitted our comments to the State as well as presenting some of the same comments to the young lady representing the Department of Commerce at an earlier meeting the 12th and 13th of November. Hopefully, we will obtain most of the desired changes in regulations to make it viable not only from the State but particularly for the City. I will report on this, hopefully, Wednesday night at the Council meeting. 21. My personal plans relative to moving my family to Alaska depend greatly on the closing of the sale of my house in New Jersey. As of this moment, there is a question as to whether or not the sale will be closed on the 30th inasmuch as legal procedures may delay that particular closing. If it closes as originally planned, my family will be in Seattle taking the ferry on the loth. I would plan, therefore, to meet them in Juneau and drive up from Haines with them probably being gone the 13th, 14th and 15th of December missing that particular Council meeting. In the event, there is a delay on closing then I will probably be required to drop back exactly one week -- I'll let you know as soon as I know something definite. Public Works 1. Tinker Lane Enclosed are two letters we have on Tinker Lane. We are researching additional Information in the minutes of October, 1975 as there was an indication of discussion by the Council, however, we have not found any back-up material. We will continue to search and actually ask u:e church for any information they may have received tram the City. -- 2. Murals - Terminal Building We are arranging an appointment with the Art Instructor at the High School to review the capabilities of the High School class and of the problems involved in actually doing mural work here. This would also include the type of mural that may be feasible for the Terminal both on the street side as well as on the aeronautical sine of the terminal. Animal Shelter This project remains stymied somewhat in that we have been delayed trying to obtain a 100 gallon hot water heater. Now that this item has been obtained, we are hopeful that the plumber will be able to install this and the sink either today or the first of next week. Cages have been ordered but they have not yet arrived. We have been assured, however, that they have been shipped and are in route. 4. EDA Water Well Project As you are aware, the tying in of the new line to the existing 12" at Well #1 haR not taken place. We discovered in reviewing all pieces and parts of the installation that we had a broken 12" gate valve. A replacement has been ordered and as soon as we are assured that we can complete the project safely, we will reschedule it. The driller who has been working on the now well has approximately 108' of 60" casing. Soon we will be again drilling with a 12" casing to approximately 250-3001, depending on water production and capability of the aquifer, The 60,000 gallon water storage tank has been re -erected at its now location and the contractor is in the process of reconstructing the well house which we will move from its down -town location. S, Sewer Treatment Plant The 60 kilowatt generator has been run and tested and appears to be in very good condition. Depending upon the weather, we plan to install this generator in the Sewer Plant this coming week. This installation will allow Kenai Electric to finish their portion of the contract. I would like to note here that this to a capital project coming from bond monies. It is not and was not funded as a maintenance cost in the 1970-77 budget, G. Activities of the road crow for the last ten days had primary been spent on working on park equipment, swings and see -saws, for installation at our Beaver Creek Park and at Birch Park. The installation of this play equipment will complete the majority of our BOIL requirement. All that will be lacking is some minor landscaping along with grass seeding in these two areas. The State has been written requesting extension of time so that we may complete these grants in the early part of the coming summer. The road crew has also spent considerable amount of time constructing barricades for next ,summer's construction projects and are also in the process of sanding and scraping City equipment in preparation for painting. ADDENDUM Assessments: There is apparently a feeling from several of the property owners in the several assessment districts that the reassessment is still unfair. ` fill 9 -B- In a vary real sense, it is. Our computations relate to assessed value - as the Charter reads, "fair market value" we have not limited the assessed value to land o, nlY. Where a building or other equipment exist, It is included in the assessed value. {1 Example: Lots of equal size and shape Lot I Lot 2� Land $6,000 $6,000 Bldgs. - 0 - 25,000 pro-rata Assets 6-3/4 per sq. ft. - 3,000 31000 91000 34,000 25% 2,250 81500 Lot A saves $750 - Lots #2 has no savings i