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HomeMy WebLinkAbout1976-12-15 Council Minutes• ►� AGENDA REGULAR mrrTIMCi - TCP.NAI CITY COUNCIL DECEMBER 15, 1970 - 8:00 P.M. PUBLIC SAFETY BUILDING 0 j, 1 l R a l PLEDGE OF ALLEGIANCE PAGE A. ROLL CALL t AGENDA APPROVAL B. PUBLIC HEARINGS ` 1. Ordinance 297-76/77(C) - Title It. Anti Recession Revenue Sharing 1 2. Ordinance 321-76 - Capital Projects Fund Entitled Forest Drive Water Line 2 S. Ordinance 322-76 - Capital Projects Fund Entitled Water Project No. 07-01-01684 2 4. Application for renewal of Beverage Dispensary License - Larry's Club 2 5. C. PERSONS PRESENT SCHEDULED TO BE HEARD 3-5 1. The following individuals will speak on Special Assessments: Janis Bell. Darby Howell. Robert Jackson, Ardelle Pace and David Thornton D. MINUTES 5 1. Minutes of the Special Meeting of Vovember 24,1976 5 2. Minutes of the Regular Meeting of December 1.1976 5 S. Minutes of the Special Meothg of December 9. 1070 E. CORRESPONDENCE 5 1. 2. F. OLD BUSINESS 1. 2. 8. r G. NEW BUSINESS f 6 1. Bills to be paid - bills to be ratified ' 2. Ordinance 323-76 - Appropriating funds to Capital Projects Fund - Public Safety Bldg. 6 3. Ordinance 324-76 -Appropriating funds to Capital Projects Fund -Small goat Harbor 6 4. Resolution 76-91- Appointment of Dounts Thompson to U of A Board of Regents 7 5. Resolution 76-02 - Accepting of amended grant funds -Kenai Water Project 07-01-MG94 7 6. Resolution 78-93 - Change Order 3 - Kenai Water Project 07-01-01694 7. Resolution 7"4 - Transfer of Funds - Kenai Water Project 07-M-01694 8 S. Resolution 78-95 - Application for Airport Planning Grant 8 9. Resolution 76-96 - Transfer of Funds - Public works/Street Maintenance 8 10. Resolution 76-97 - Transfer of Funds - Public Works/Shop 9 U. Resolution 76-98 - Setting fees for sale of fieancial documents 9 12, Resolution 76-99 - Allocation of funds for equipment rental 9 13. Resolution 76-100 - Authorized signatures for deposit or withdrawl of funds 10 14. Resolution 76-101 - Amending certain resolutions re: annual installments a foreclosed prop; 15. Resolution 76-102 - Rezonjng of Woodland 8/0 from Rural Res. to Suburban Res. 10 is. Games of Chance and Skill - Snowshoe Gun Club 10. 17. Resolution 76-103 - Accepting Bids for Title VII "tutritlon Program IO 19, Payment to Contractor - Kenai Animal Shelter 11 t9. Periodic Estimate for Partial Payment - Rrown Construction Coy. Inc. It 20, Periodic Estimate for Partial Payment - Interstate Company. Inc. it a +8. �. REPORTS 12 1. City Manager's Repo: 12 2. City Attotnay's Report 12 3. Mayor's Report 12 4. City Clerk's Report 5. Finance Director's Report 12 G. planning i Zoning Commission's Report 13 7. Kenai peninsuls Borough Assembly's Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 3. i KENAI CITY COUNCIL - REGULAR MEETING DECEMBECR 15, 1070 - S: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMBS A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A . ROLL CALL Present: Richard Morgan, Betty Glick, Edward Ambarian, Tom Ackerly and James Elson Absent., Walter Sweet and Dan Whelan AGENDA APPROVAL The following additions to the agenda as distributed on Friday, December 10t; were approved unanimously: 0-17: Resolution 70-103 - Accepting Aids for Title VII Nutrition Program 0-18: Payment to Contractor - Kenai Animal Shelter 0-10: Periodic Estimates for Partial Payment - Brown Construction Company, Inc. 0-20: Periodic Estimate for Partial Payment - Interstate Company, Inc. B. PUBLIC HEARINGS B-is Ordinance No. 297-70/77 (C) - Title II, Anti Recession Revenue Sharing Mayor Elson read Ordinance No. 297-70/77(C) by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska, establishing a speeiel revenue fund entitled Title II, Anti -recession revenue sharing by increasing estimated revenue and appropriations in the amount of $13, 957 ." Mayor Elson opened the hearing to the public for their comment and there being no public participation, the hearing returned to the Council table for further action. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 207-76/77 (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 tail vote of . 1 7 KI:NAI CITY COUNCIL. REGULAR MEETING, 1)I;GEmni R iG, 1976 Page 2 I i 13-2: Ordinance No. 321-76 - Capital Projects Fund untitled Forest Drive Water Line As copies were available to the Public, 614ayor F,lson read Ordinance 321-76 by title only, "An ordinance of the Council of the City of Kenai, Alaska, establishing a Capital Projects Fund entitled Forest Drive Water Line and increasing estimated revenues and appropriations in the amount of $103, 333" . Mayor Rlson opened the hearing to the public for their comment. There being no public input, the hearing returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of Ordinance No. 321-70, establishing a Capital Projects fund entitled "Forest Drive Water sine" and increasing estimated revenues and appropriations in the amount of $105,333, Motion passed unanimously by roll call vote. 8-3: 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 made 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. 07-01-01694" and increasing estimated revenues and appropriations in the amount of $1, 302, 000." -- r Mayor Eison opened the hearing to the public. There being no public comment. the hearing returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 322-76, establishing a Capital Projects fund entitled "Kenai Water Project No. 07-01-01604" and increasing estimated revenues and appropriations in the amount of $1,302,000. Motion passed unanimously by roll call vote. ` 13-4: Aieation for renewal of Beverage Dispensary License - Larry's Club Phillip Alter, Acting City Manager, advised that the Borough had been contacted with regard to taxes and had advised the City Clerk that all taxes on Larry's Club were current. It was the unanimous decision of Council that no protest would be submitted against the issuance of the renewal of beverage dispensary license for Larry's Club. •s f E I w H a a d i 10* U Fi KENAI CITY COUNCIL, REGULAR MEETING, DECEMBER 15, 1976 C . PERSONS PRESENT SCHEDULED TO BE HEART) Page 3 C-1: Janis Hell, Darby Howell, Robert Jackson, Ardelle Pace, navid Thornton With regard to the reassessment districts, the following individuals came before Council: Mrs. Janis Bell - stated that she felt the first payments should not be due until April 1, 1977 as this would cause a hardship for several people Involved. Darby Howell - not present Robert Jackson - stated he still protested the formula used in the calculation of the assessments and also advised the Council that the Kenai Property Owners Association had not yet determined if the reassessments would be acceptable or not. Mrs. Ardelle Pace - Mrs. Pace also stated that she felt the first payment should be due April 1, 1977 as it took the City so long to make the adjustments. David Thornton - Mr. Thornton protested the approval of Water Improvement District No. 8 and Sewer Improvement District 73-S2 and also stated he would protest the fact that he would have to make four payments in one lump sum and also to making delinquent payments -- Mr.Thornton requested that the first payment be due April 1, 1977. As it was relevant to the matter at hand, Councilman Morgan requested that Item G-14: Resoluton 78-101, amending certain resolutions regarding annual installments and foreclosed properties be brought before the Council at this time. There was no objection from other members of Council. Mayor Elson read Resolution 76-IM by title only. "A resolution of the Council of the City of Kenai, Alaska, amending resolutions 76-81, 76-82, 76-83, 76-84, 76-88, 76-86 and 76-07 with regard to penalty for late payment of annual installments and setting policy on foreclosures against benefitted property." Ross Kinney, Finance Director, advised that this resolution proposed to waive penalty on all installments due prior to April 1, 1978 and the payment period would be April 1, 1974 to April 1, 1983. Foreclosures could be brought against property whose 1974 and 1976 installment payments have not been made subsequent to April 1, 1977 and no foreclosure proceedings would be brought against benefitted property with regard to those payments due April 1, 1076, 1977 and 1978 until after April 1, 1978. Councilman Morgan stated that perhaps some leniency could be shown so not to cause a hardship to the individuals involved -- such as having the first installment due April 1, 1977 and run the district until Apra, 1986 imposing penalties, etc . Mr. Kinney stated he felt that this would not be a just way to handle the matter as some individuals have already paid. 'r- KENAI CITY COUNCIL, REGULAR MEETING, DWEMBEK 15, 1076 Page 4 MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to table Resolution 76-101. Motion passed by roll call vote. Voting yes; Morgan ,Glick and Ackerly. Voting no; Ambarian and Elson. Finance Director Kinney inquired what Council direction would be with regard to interest from 1974 to 1977. It was the unanimous decision of Council b bring the matter of Resolution 76-101 from the table. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, that Resolution 76-101 be amended to relfeet that the interest from April 1, 1074 to 1977 be due and payable the first of April, 1977 and that the assessments be recalculated with the first installment payment due April 1, 1977 and assessments to run seven years. Motion failed by roll call vote. Voting no; Glick, Ambarian and Elson. Voting yes; Morgan and Ackerly. Mayor Elson stated that the Council has talked about "making it easy for the people In these reassessment districts" but in looking at the total picture just a minority are protesting in relation to the overall situation. Mayor Elson further stated that the Council has made a strong effort to make the matter as equitable as possible. The City is now to the point as to how the assessments are to be paid off stated Mayor Elson and when the assessment districts were initially set up, the property owners were made aware of their liability. Mayor Elson further stated that in the mean- time, the taxpayers of this City have had to make the payments on the bonds for these Improvements until the matter of the assessments were settled, Mayor Elson reported that he felt the City had settled the matter in an equitable manner. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, to amend Resolution No. 76-101 to provide that only two payments will be due in 1979 and two Installment payments will be put off until 1079 and no penalty will be charged until 1079. All installments must be current by April 1, 1979 so that no penalty will be Imposed. Motion failed by roll call vote. Voting no; Glick, Ambarian and Elson. Voting yes; Morgan and Ackerly. "r KENAI CITY COUNCIL, REGULAR MEETING, nF.CEMBER 15, 1976 Pape 5 MOTION: Councilman Morgan moved, seconded by Councilwoman (click, for adoption of Resolution 76-101, amending Resolutions 76-81, 82, 83, 84, 85, 86 and 87 with regard to penalty for late payment of annual installments and setting policy on foreclosures against benefitted property. Motion failed by roll call vote. Voting no; thick, Ambarian and Bison. Voting yes; Morgan and Ackerly. D. MINUTES D-1: Minutes of the Special Meeting of November 24, 1976 The following corrections were made on page 4, item B-6: ............stated that he felt the attitude of some City employees ......... positive attitudes when dealing with the public. The minutes stood approved as corrected. D-2: Minutes of the Regular Meeting of December 1, 1976 Minutes stood approved as distributed. D-3: Minutes of the Special Meeting of December 9, 1976 The following corrections were made on page 2, line 4: ° - Omission of not in the line ...... who would be forced to sell........... The minutes stood approved as corrected. E. CORRESPONDENCE E-l: Mayor Elson acknowledged correspondence received from Mrs. Carolyn Nickel with regard to the Day Care Center being operated in the Fine Arts Building. ' Mayor Elson advised that this matter would be taken up when the City Manager was present. E-2: Mayor Elson advised that a letter had been received from the Borough OEDP it. which they request two representatives be appointed from the City of Kenai. Mayor Elson recommended that Richard Stetler be reappointed and Council support the Mayor In his efforts to encourage the OEDP to change their meeting nights so that it would not conflict with City Council meetings so that a representative from Council could also attend. Council so concurred. too F r„ KENAI CITY COUNCIL, RI=LAR MIMTINII, DItCEMBER 15, 1076 I>age 6 � I F . OLD BUSINESS None 0. NEW BUSINESS I G-1: Bills to be paid - bills to be ratified MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for approval of ' bills to be paid and bills to be ratified as submitted by the Finance Department. Motion passed unanimously by roll call vote. - G-2: Ordinance No. 323-70 - Appropriating Funds to Capital Projects Fund Public Safety Buildingr Mayor Elson read Ordinance No. 323-70 by title only. "an ordinance of the Council of the City of Kenai, Alaska, appropriating $25,151 to the Capital Project Fund i entitled Public Safety Building from the General Fund Balance." Finance Director Kinney reported that the Public Safety Ruilding project and the Small Boat Harbor project wore two projects who have been in a deficit position. , The Finance Department must now close them out and place them in fixed assets.. j These projects will come out of fund balance as of June 30, 1076 and will not be shown in the General Fund Operating budget. " MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for introduction of Ordinance No. 323-76, appropriating $25,151 to the Capital Project Fund entitled "Public Safety Building" from the General Fund Balance. Motion passed unanimously by roll call vote. G-3: Ordinance No. 324-70 - Appropriating funds to Capital Projects Fund - Small Boat Harbor i ? Mayor E1son read Ordinance No. 324-70 by title only. "An ordinance of the Council 1 of the City of Kenai, Alaska, appropriating $6,250 to the Capital Project entitled "Small Boat Harbor" from the General Fund balance." j MOTION: -- =- Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance No. 324-76 appropriating $6, 250 to the Capital Project entitled Small Boat Harbor from the General Fund Balance. i Motion passed unanimously by roll call vote. 1 a I ,t KENAI CITY COUNCIL, REGULAR MEETING, nRrRMRRR 15, 1976 Pngo 7 a-4: Resolution No. 76-91 - Appointment of Donnis Thompson to i1 of A Roard of RoKents Mayor Elson read Resolution 76-91 by title only. "A resolution of the Council of the City of Kenai, Alaska, urging Governor .Tny S . Hammond to appoint Donnis Thompson to fill the unexpired term on the University of Alaska Hoard of Regents." MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 76-91, urging Governor Jay R . Hammond to appoint Donnis Thompson to fill the unexpired term on the University of Alaska Board of Regents. Motion passed unanimously by roll call vote. G-5: Resolution 76-92 - Acceotinc Amended (Grant Funds - Kenai Water Protect 07-01-01684 Mayor Elson read Resolution 76-92 by title only. "A resolution of the Council of the City of Kenai, Alaska, accepting the amended grant funds in the amount of $347,900 or 50% of the non-federal share of the total project costs, whichever is less, from the State of Alaska, Department of Environmental Conservation for Kenai Water Project No. 07-01-01684." MOTION: ID Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of Resolution 70-02, accepting amended grant funds in the amount of $347,900 or 50% of the non-federal share of the total project costs, whichever is less, from the State of Alaska, Department of Environmental Conservation for Kenai Water Project No. 07-01-01684. Motion passed unanimously by roll call vote. 0-6: Resolution No. 76-03 - Change Order 3 - Kenai Water Project 07-01-01004 Mayor Elson read Resolution No. 76-93 by title only. " A resolution of the Council of the City of Kenai, Alaska, authorizing Change Order No. 3 in the amount of $809 to the Kenai Water Project No. 07-01-01684." Council was advised that the reason for this change order was that a lesser angle of deflection per joint of pipe was desirable which would require additional 10" ductile iron pipe to properly complete the installation. MOTION: Councilman Ambarlan moved, seconded by Councilman Morgan, for adoption of Resolution No. 76-93, authorizing Change Order No. 3 in the amount of $809 to the Kenai Water Project No. 07-01-01694. Motion passed by roll call vote. Voting yes; Morgan, Glick, and Ambarfan. Voting no; Ackerly and Elson. t` KPNAI CITY COUNCIL, REGULAR MEETING DECEMPER 10, 1976 Page 8 G-7: Resolution No. 76-94 - Transfer of Funds - Nowd Water Project 07-01-01684 Mayor Elson read Resolution 76-94, 1113c it resolved by the Council of the City of Kenai, Alaska, that the following transfer of moniea he made within the Capital Project Fund entitled Kenai Water Project No. 07-01-01684 as established by Ordinance No. 322-70. From: Kenai Water Project No. 07-01-01684 - Contingency 026,270), To: Kenai Water Project No. 07-01-01684 - Construction; Change Order #1 - $12,000; Change Order #2 - $13,461; and Change Order #3 - $800. The purpose of these Change Orders are as follows: (1) Change Order #1 - Additional 120' of casing for two highway crossings required by the Alaska Department of Highways for future road expansion. (2) Change Order #2 - for change of Motorola monitor as the specified monitor is no longer available. (3) Change Order 03 - additional pipe required for re -alignment of 10" water main at the south end of the airport ." MOTION: Councilman Ambarlan moved, seconded by Councilman Morgan, for adoption of Resolution No. 70-94, traraferring monies within the Capital Project Fund entitled Kenai Water Project No. 07-01-01684 as established by Ordinance No. 322-76. Motion passed by roll call vote. Voting yes; Morgan, Glick, Ambarian and Rloon. Voting no; Ackorly. . G-8: Resolution No. 76-98 - Application for Airport Planning Grant Mayor Elson advised that pertinent information had not been received from the Federal Aviation Administration and Administration had requested this matter be taken up at the next meeting of the Council. G-9: Resolution No. 76-06 - Transfer of Funds - Public Works/Street Maintenance Mayor Elson read Resolution No. 76-96, "be it resolved by the Council of the City of Kenai, Alaska, that the following transfer of monies be made within the 1076-77 General Fund Budget. From: Public Works - Street Maintenance, Repairs a Maintenance Supplies - ($300) . To: Public Works - Street Maintenance, small Tools - $300. The purpose of this resolution is to transfer funds within the Street Maintenance budget for the purchase of miscellaneous hand tools." MOTION: Councilman Morgan moved, seconded by Councilman Ambarian , for adoption of Resolution No. 76-90, transfer of funds - Public Works/Street Maintenance in the amount of $300. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL, REGULAR Mi?ETING, DYCEMBPR 15, 1976 Page 9 G-10: Resolution No. 76-97 - Transfer of Funds - Public Works/Shop 0*0 Mayor Elson read Resolution No. 76-97, "Be it resolved by the Council of the City of Kenai, Alaska, that the following transfer of monies be made within the 1976-77 General Fund Budget. From: Public Works - Shop, Repair and Maintenance Supplies ($1,000). To: Public Works - Shop - Small Tools - $400 and Machinery and Equipment - $600. The purpose of this resolution is to transfer funds within the Shop Budget for purchasing a sand blaster and miscellaneous hand tools." MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of Resolution No. 76-07, transfer of funds - Public Works/Shop in the amount of $1,000. Motion passed unanimously by roll call vote. 0-11: Resolution No. 76-98 - Setting Fees for Sale of Financial Documents Mayor Elson read Resolution 78-08, " A resolution of the Council of the City of Kenai, Alaska, setting fees for the sale of budget documents and Annual Financial ' Statements. Whereas, the City of Kenai is experiencing increasing costs for the - reproduction for these documents, and Whereas, the Council finds that it to pre- ferable to recover these costs from individuals requesting copies of these documents -- rather than the public at large. Now, therefore, be it resolved by the Council of the City of Kenai, Alaska, that a fee of $3 shall be charged for copies of annual budgets and Financial Statements." City Attorney, Janis Williams, advised Council that an amendment should be made to the resolution to include the following: ......except that no fee shall be charged for copies distributed to City personnel, City Council and any governmental entity. , MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of i Resolution No. 76-98, setting fees for sale of financial documents and amending the resolution to Include ... except that no fee shall be charged for copies distributed to City personnel, City Council and any governmental entity. Motion passed unaidmo-asly by roll call vote. 0-12: Resolution No. 76-99 - Allocation of Funds for Equipment Rental Mayor Elson read Resolution No. 76-99 by title only. "Be it resolved by the Council of the City of Kenai, Alaska, that $1,000 from the street portion of the 1974 Refunded Bond Issue be allocated for equipment Rental." `= Administration advised these monies were to be used to determine the feasibility of establishing a gravel pit on City owned lands. KENAI CITY COUNCIL, REGULAR MEETING, DECEMPER 15, 1976 vwf#H 10 MOTION: Councilman Ackerly moved, seconded by Councilman Morgan, for adoption of Resolution No. 76-99, allocating funds in the amount of $1,000 for equipment rental. Motion passed unanimously by roll call vote. G-13: Resolution No. 76-100 - Authorized Signatures for Deposit or Withdrawl of Funds Mayor Elson suggested that Council take this matter up when Councilman Whelan was present. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, to table Resolution No. 76-100, authorized signatures for deposit or withdrawl of funds. Motion passed unanimously. 0-16; Resolution No. 76-102 - Rezoning of Mayor Elson read Resolution No. 76-102 by title only. "A resolution of the Council of the City of Kenai, Alaska, recommending that Woodland Subdivision be rezoned from Rural Residential to Suburban Residential" . MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of Resolution No. 76-102, recommending that Woodland Subdivision be rezoned from Rural Residential to Suburban Residential. Motion passed unanimously by roll call vote. 0-16: Games of Chance s Skill - Snowshoe Gun Club Administration advised that this application for permit for authorized games of chance and skill for the Snowshoe Gun Club was for at least two raffles per calendar yam• MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for approval of Games of Chance and Skill for the Snowshoe run Club. Motion passed unanimously. 0-17: Resolution No. 76-103 - Accepting Bids for Title Vll Nutrition Program Mayor Elson read Resolution No. 76-103 by title only. "A resolution of the Council of the City of Kenai, Alaska, accepting bids and authorizing the City Manager to enter into a contract with the Church of Jesus Christ of Latter Day Saints, Kenai Branch, for implementation of the Title VII Nutrition Program." I i ' r 141%E114'Ai CITii COUNCIL, REGULAR MEETING, DFUMBFit 15, 1976 Page 11 Administration advised that throe bids had been r eealved and opened at 2: 00 p.m. on D000mber 13, 1976, with the low bidder being the Church of Jesus Christ of Latter Day Saints, Kenai Branch. Administration advsed that this bid was the only bid that was within the budgeted amount for the program. MOTION: Councilman Morgan moved, seconded by Councilman Ackorly, for adoption of Resolution No. 76-103, accepting the bid submitted and authorizing the City Manager to enter into a contract with the Church of Jesus Christ of Latter Day Saints, Kenai Branch, for implementation of the Title VII Nutrition Program. Motion passed unanimously by roll call vote. 0-18: Payment to Contractor - Kenai Animal Shelter Administration advised that the Kenai Animal Shelter was now complete and recommended final payment in full to the contractor. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for payment to Doyle's Excavating h Construction Company in the amount of $19,000 for completion of the Kenai Animal Shelter. Motion passed unanimously by roll call vote. 0-19: Periodic Estimate for Partial Payment - Brown Construction Company, Inc. Administration advised that 77% of the Rrown Construction portion of the project was complete and recommended payment. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of periodic estimate for partial payment in the amount of $145, 701. 03 to Brown Construction Company, Inc. Motion passed unanimously by roll call vote. 0-20: Periodic Estimate for Partial Payment - Interstate Company, Inc. Administration advised that 37% of this portion of the project was completed and recommended payment. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of periodic estimate for partial payment in the amount of $03.339 to Interstate Company, Inc. Motion passed unanimously by roll call vote. i J � I i I KENAI CITY COUNCIL, REGULAR MEETING. DECEMBER 15. 1976 Page 12 H. REPORTS H-1: City Manager's Report City Manager Report #7 was previously distributed to Council and is attached hereto. H-2: City Attorney's Report (a) PEP Suit - The City has filed an Answer and counter claim asking that the Court find a breach of contract in that the Manpower Center referred people for employment to the City who were not eligible under the requirements of the Act. (b) Tidelands - City advised that on December 30th the tidelands would be conveyed to the City. (c) Kenai Baptist Temple - the reason the City was not served prior to the announcement in the newspaper of the Kenai Baptist Temple intent was that their attorney filed a complaint and not an appeal. (d) Employee's Suit - as the employee who brought suit against the City has left the employ of the City, the City Attorney has prepared a stipulation suit for their attorney to sign. H-3: Mayor's Report Mayor Elson announced that Mrs. Phillip Wilson and Mr. George Miller have been appointed to the Mayor's Council on Aging. Also, Mr. Milton Stasek has been appointed to the Kenai Advisory Planning and Zoning Commission. H-4: City Clerk's Report None H-5: Finance Director's Report Mr. Kinney advised Council that the Audit Management Letter should be sent out on Monday. H-6: Planning a Zoning Commission's Report Councilwoman Glick advised that the Planning Commission reviewed a preliminary plan located on Forest Drive for the construction of 6-plexes on five lots owned by John Williams. The Commission does have several reservations about the pro- posed plan but it does meet the requirements of the ordinance. The Commission also recommended approval for a one year lease for SeaLand for Lot 6. Block 2, -. CHAP. I= y s I 1 i � t' 1 KENAI CITY COUNCIL, REGULAR MEETING, DECEM11PR 15, 1876 Page 13 11-7: Kenai Peninsula Borough_ Assembly's Report Mayor Elson advised that Ord. 76-65 was tabled and the following ordinances were passed for introduction: 76-68, establishing a Department of Public Works; 76-67, establishing a budget appropriation and providing funds for the Public Works Department; 76-08, relating to the probationary period of permanent employees; 76-69, appropriating $52.000 from the South Peninsula Hospital Service Area Surplus to Capital Equipment (X-ray equipment); and 76-70, authorizing the expenditure of Borough funds to proceed through the construction documents phase of architectural services relating to the proposed Soldotna High School. Resolution numbers 76-44, 76-45, 76-46, 76-48, 76-43, and 76-49 passed as presented and Robert Linville of Aoldotna was appointed to the Planning Commission and Mrs. Virgins Long was appointed to the Central Peninsula Hospital Service Area. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1-1: Mrs. Emily DeForest - Woodland Subdivision Mrs. DeForest inquired from Councilwoman Glick if the proposed zoning change In Woodland would allow for additional multi -dwelling units to be constructed? Councilwoman Glick advised that Woodland Subdivision had set aside certain lots for multi -family dwellings and the covenants of the subdivision pre -destined J the use of the lots also. There being no further business to be brought before the Council of the City of Kenai, Alaska, the meeting adjourned at 10: 30 p.m. Respectfully submitted, i f Sue C. Peter, City Clerk a r I CITY MANAGER'S REPORT - #7 December 10, 1976 Administration and Finance I. Public Hearings There are three ordinances before the Council for public hearings: 297-76/77 (c) and a Recessionary Funds Ordinance 321-76 and 322-76. All are included in this packet and all are self-explanatory, I believe. 2. Liquor License/larry's Club We have a liquor license on Larry's Club on which taxes are current and there are no problems as far as the Police Department is concerned. 3. Gemes of Chance/Snowshoe (ant Club The City has no problems with this. 4. Ordinance - General Fund An ordinance to provide funds from the general fund to fully fund the small boat harbor and reduce that deficit that shows up in the June 30, 1976 audit. S. Ordinance/Public Safety Building This again is to fund up a deficit, applying general funds balances to fund up the deficit. 6. Resolution - Bond Issue This is a resolution to appr to funds from the 1974 refurcdit�g bond issue in the amount of 8 ,000.00 to do exploratory work on City lands to determine whether or not we have economic feasibility of establishing City -coned gravel pits. This was discussed at the work session on December 9, 1976. 7. Resolution - Senior Citizens Food Service Program This resolution is for the awarding of a contract for the Senior Citizens Food Service Program. Bids will be received on the 13th of December, analyzed and presented to Council for the meeting This will enable the program to start as of January 3, 1977 and hopefully, to be an effective program as of that time. W .I' l CITY MANAMR'S REPORT - $7 Page Two 8. Resolution - Well Project This is a change order to provide for additional ductal iron pipe to correct a bad angle on the ipe system to the south of the runway the The mK=t of originally of airport. pipe planned created a very undesirable angle and therefore, additional pipe would lessen the angle of the pipe and provide for a safer flaw of water. 9. Resolution - Waive Penalties This is a resolution discussed immediately following the Special Council meeting on the 9th of December in which Councilman Morgan requested a resolution be drafted to waive penalty for the additional year; that is, until April 1978. It was also discussed that this would have an effect on foreclosure action but would not necessarily bar -- foreclosure and we are proposing to add, as a part of that resolution, a requirement wi�ere the Cot=il review all eligible foreclosure actions resulting from this assessment district, wherein the Council could deterniine whether or not a valid hardship exists in foreclosure action should be deferred at that time for non-payment of assessments. 10. Resolution - Well Transmission Line t , ' This is a resolution to transfer the amount of monies required for Change Orders 1,2,and 3 on the Well Transmission Line Project from contingency to construction. This is a housekeeping resolution. 11. Lease/Terminal Space { This is a lease for airport terminal space to Kenai Terminal Enterprises; the cafe, bar and gift shop areas. 12. Lease/City Lend . This is a lease on undeveloped land to Sealand Corporation which is adjacent to their operational building on Trading Bay Road. 13. Resolution - ADAP Raids This is a resolution authorizing the City Manager to apply for a Planning Grant from the State and Federal Government (FAA) for the Airport Study. This resolution is prepared in the that we data back from in � will get the consultants time to this resolution meaningful. It is desired by the Administration and by FAA, in Anchorage, that we submit the p grant request as soon as possible. If we have the data, it wail be on the table for you Wednesday night. In the event that it is not wmilable, it is requested that --`- r_ you table the resolution. -- 14, Resolutions There are two (2) resolutions here to transfer funds within the Departrrent of Public Works. r "1 CITY HOA(='S REPORT - #7 Page Three 15. Resolution - Administrative Signatories This is a resolution, requested by Councilman Whelan, to add an administrative signature to our bank accounts and to provide for an appropriate administrative and finance signature on each dis- persement check made by the City. That is, the City Manager and the Finance Director should be prime signatories; however, in their respective absences, the City Clerk would sign for the City Manager or Lillian Hakkinen would sign for the Finance Director. In any event, there would be a requirement for both the administrative and finance signatures. 16. Resolution - Water Well Project This is a resolution to accept the increase in State monies for the State Water Well Project. This is an increase in their Grant authorization and will require us to meet their administrative and finance signatures. 17. Resolution - Audit Reports This is a resolution fining a fee for audit reports, inasmuch as if we provide these on a no -fee basis or a no -cost basis, it will simply mean an additional expense to the City which is mwarranted at this time. The fee that we are requesting is nominal and will barely cover the cost of preparation. 18. Resolution - Donmis MxWson This is a resolution requested by the Mayor asking the Governor to appoint Danunis Thompson to the University of Alaska Board of Repents. 19. Montessori School Though I have not yet received a letter from Mrs. Nichol from the Montessori School, I hope that it will be available to the Council later this afternoon and be included in the packet. If not, I hope it will be made available to you prior to the meeting on the 15th. I do not know, since we have not received the letter, just what her proposition will be, but I believe that the Council should discuss them and determine what action should be taken. 20. Legislative Delegation As I have mentioned previously, the Legislative delegation from the Kenai Peninsula will be in town on Wednesday, the 15th. In the morning of the 15th, they will meet with orough Mayor Don Gilman; at oon they will be at the chamber luncheon and following the luncheon, will be available for the City administration and the City Council for a meeting. You will be contacted as to the specific time that they will be available to the City. If you have any items of legislative interest that should be brought to their attention, please notify the administration and we will try to make sure that they are brought to their attention. r� CITY MW=, ' S MTORT - #7 Page Four 21. New Police Officer With the resignation of Sergeant Carpenter, we had a vacancy on the Police Department staff. Chief Ross has several applications for the position that we properly advertised and has recommended, and I have approved, the appointment of a new patrolman, Officer Reid. Officer Reid is professionally qualified, having been in a variety of police assignments. Regarding training, he has attended the Oakland Police Academy, the Anchorage Police Academy and the Oregon State Police Academy. I think that we are extremely lucky to obtain a qualified police officer; one with better than six years experience in the law enforcement field. He should make a good addition to our farce. 22. New Building Permits New building permits issued in the month of November were for two residences and same other buildings with a total value of approximately $180,000.00. 23. Meeting/Coastal Zone Management Bill We have received the draft of the legislative committees Coastal Zone Management Bill. It will be available within the City offices, both for the Planning Commission and for the City Council. Mayor Gilman has called a meeting for Thursday, December 16, 7:30 p.m. in the Borough offices to meet with the various city mayors, managers and administrators to discuss the impact of this bill on individual cities and on the Borough as a whole. 24, Sports Complex The City was approached the other day by a group of developers who are interested in establishing a Sports Arena in the Greater Kenai area. This is similar to the Sports Arena now in operation in Anchorage. There was a discussion of possible sites and, an impressicai that I received, of some assistance in financing or an equity position by the City. I was later called by Frank Mcllhargy, who was providing escort service to than, regarding possible time frames in providing City lands for this use. It sounds like a very worthwhile idea, inasmuch as it will provide a 2,000 seat auditorium with an additional 2,000 portable seat addition. In addition to the seating capacity, they plan a hockey rink, skating facility, bowlIn allay, stage, restaurant, bar, handball courts and a variety of otiser th1mgs. if you've been in Anchorav in the Sports Arena, it would presumably by tim same type of structure. However, this is only an exploratory casversation and, of course, no assurance that there will be a commitment by the group to locate within the City. 25. Re-ming of FAA Lands I have drafted a letter to Don Wilcox of the FAA, in Anchorage, posing a number of questions; several in relation to the r:alellt that sea are proposing on FAA lands on Beaver Loop Road. Jim Per , of the planning department of FAA, indicated that land north of the -- •- -- - --7 _- • " CITY MANAGER'S R=RT - #7 Page Five of the Spur Highway may not be released by the FAA due to the planning study proposed for the airport and airport lands. I have asked for clarification on this by Mr. Wilcox, as to whether or not it will absolutely prohibit our subdividing and moving property in that area. I additionally asked questions relative to the Tager site, the fence and the maintenance shed in the FAA reserve land south of the Spur as to whether these are operational and will they be relocated. Also, I asked what restrictions will be placed on the City by FAA. Thirdly, I asked as to the availability of ADAP funds to be used as matching funds to some bond monies that we have for terminal and airport improvements as to whether we could have some action taken to improve the airport access from the Spur, Willow Drive and perhaps pave the access to the terminal itself. 26. Paving I have prepared a letter which is now being mailed relative to asking the property owners abutting the street which is apparently a horror story between Willow and Carr's Shopping Center. These owners are, of course, the Sheffield House, Union 76, National Bank _ of Alaska and Carr's, asking if they would contribute to upgrading the road with appropriate paving, curbs, gutters and storm sewers. I proposed this inawwh as the City is simply unable to provide „ the f0u4s to do the job. We have Raids neither to loan to an assessment district or to provide direct cost for the project. • IJ 27. Personal Note 4 t r As of this moment, I expect that my wife will reach Seattle and be " able to make the ferry tonight at 8:00 p.m. PST. Assuming this is true, I will be leaving the City, Sunday at noon, joining my family in Juneau an Monday and, that afternoon, start the drive from Haines to Kenai. I doubt very much if we will be back by the 15th for the Council meeting. If I am, I will attend the meeting. I'll see i you next week. ., - - - -. - - 5 CITY OF KENAI loll Cap" 4 4"„ P. O. SOX 680 KENA1, ALASKA 99611 TELEPHONE 7EE • 7696 December 10, 1976 Tot John E. Wise, City Manager Proms Phillip Aber, Director of Public Works WEEKLY REPORT POR WEEK ENDING DECEMBER 10, 1976 City Animal Shelter The contract on the City Animal shelter has been completed. The hot water tank, the sink and some internal plumbing was completed last week. The cages have arrived and have boon installed, so we have now officially moved into the now shelter. rDA Water Well Protect Duo to the warm weather that we have had go far this winter, the remaining portion of the twelve inch waterline across the swamp has not been installed yet because of lack of frost penetration in this area. We ara proceeding on the well and Halliburton will be coming in to grout the well for the contractor. The well house has been re -erected over the 60,000 gallon water tank and the contractors are starting to rowire and insulate the building. Sewer Treatment Plant The 60 kw generator has been moved to the sewer treatment plant. We are now ready for homer Electric Association to install the required wiring. The installation of the electric motors required to run the blowers is still pending, due to the non -arrival of the new pulleys required for the motors and the blowers. Once these pulleys arrive, City mechanics will complete the installation of the two electric motors. Notes Over the past couple of weeks, the City Street Department Fa—espont their time plowing and sanding streeets, working on equipment, finishing the construction of barricades and providing Christmas trees for the terminal, the Chamber of Commerce and the City Library. Three days were spent last week by the City Street Crew in removing all of the old records, shelfs, desks and filing cabinets from the old City Library and storing them in the north end of the terminal building. 9; ._ a _ .ter_-�- • . • �c , _ �. .. .. ..­- The Water and Sewer Crew has boon working on lift station problems - and have boon installing now water motors and replacement water meters in several commercial buildings. x � � 9