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HomeMy WebLinkAbout1975-05-21 Council Minutesn .. Lam..,..:.... c.>: _. ' '�' .yt-o... •' -`^ -ram . , .•. _ _._.��1_ - '-'1+T�-' AG11N1)A REGULAR MY.Ii f 1 NG, KVNA I (; l'I'Y Ct>I1N(;11, Mtly 21, 197!, - B:Irt► 1',M. I'U111.1t: -;,%J'J:,JY 111111,ir1\(; PLEDGE, 01: ALLEGIANCE A. HOLL CALL: AGENDA APPROVAL. B. PUBLIC HEARINGS: I. Ordinance 7.63.75 - Providing for penalties for violation of 2. Airport rules and regulations, 3. 4. C. PERSONS PRRSENT SCJIEt1111,1?D 1.0 111, lll:%RD: , I. Oscar Thomas 1. 3. D. MINUTES: 1. Minutes of Regular Meeting of May 7, 1975. , E. CORRESPONDENCE: 2. ! F. OLD BUSINESS: + , 1. 4. i' C. NEW BUSINESS: 1, Bills to bepaid b ,tls to be r'atifind'. ' 2. Ordinance No, 265.7S71;i Amending. the definition of "Taxicabs" „ and establishing si¢p,.and body style restrictions for taxioabs. 3. Resolution No.'75-24•'r Fixingq Taxicab rates for the City of Kenai, 4. Resolution No. 75.2.5'•'iistabiishins a bond cash investment pool, S. ROWUtion No. 75-26 -,Feasibility of need for, and ostimated cos6. ResolutionmNo v75.27,- CommitmentCarl .Ofhmnirrtenanco of Beaver Loop Rd. 7- Asgignment of Lease from Falcon Aviation to Raven Transit. S. Ordinanco 264-75 Presentation of 1975-76 Budget 9. Ordinance 266-75 - Water/Sewor Rate Increano 10. Ordinance 267.75 Sale-3 Ta,t Increase 11. Naming of new bridge t, access road 12, AAI - Lease of Airport Lands or Facilities 33. Council approval - disposal of FAA housing furniture 14. is: Payment to carltractor • Airport Fencing Project payment to Engineer Consult. Firm - Airport Fencing Project N. REPORTS I. City Manager's Report 2. City Attorney's Report 3. Mayor's Report 4, City Clerk's Report S. Finance Director's Report 6, Planning 4 Zoning Commission's Report 7. Borough Assomblym»n's Report 1. PERSONS PRF,SEST NOT SCHEDULED TO BE 11EARD: , 1. 2. 3. n MINUTES REGULAR MEETING KENAI CITY COUNCIL. MAY 21, 1975 - 8:00 P.M. PUBLIC SAFETY BUILDING The Council gave the Pledge of Allegiance ROLL CALL: Members Present: A. L. (Hudson, Richard Morgan, Ii. J. Steiner, scar Thomas, Edward Ambarian, and James Elson. Members Absent: James Doyle AGENDA AP7WAL: There were no objections to the addition or deletion of the following items to the agenda. B-2 - Delete Appeal of Chester H. Cone B-3 - Delete Appeal of Robert L. Borgon C-1 - Add Oscar Thomas G-9 - Add Ordinance 266-75 (Wator/Sower Rates) G-10- Add Ordinance 267-75 (Sales Tax Increase) G-11- Add Naming of now bridge $ access road G-12- AAI - Lease of airport lands or facilities G-13- Council approval - FAA housing furniture disposal G-14- Pmt. to contractor - Airport Fencing Project _ G-15- Pmt. to Engr. firm - Airport Fencing Project B: PUBLIC HEARINGS B-1: Ordinance 263-75 - Providing for penalties for violation of Airport rules and regulations ' City Attorney, C. R. Baldwin, recommended to the Council that Ordinance 263-75 be amended by deleting all of Section 1 (Regulations of Airport) as this section appears in different form in the present Code. Councilman Steiner moved, seconded by Councilman Thomas, for adoption of Ordinance 263-75 as amended by the deletion of Section 1. The motion carried by roll call vote. Voting yes; Hudson, Morgan, Steiner, Thomas, Ambarian, Elson. ` C: PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Mr. Oscar Thomas Mr. Thomas advised that Kenai Utility Service Corporation was intending to immediately file for a request of "rate relief" with the Public Utility Commission. The exact amount of this request had not yet been determined. i w r1m MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE 2 D: MINUTES Minutes of the Regular Meeting of May 7, 1975 There were no objections to the following amendments to the minutes of the meeting of May 7, 1975: 1. Regarding the proper purchasing procedures -- the materials in the fence could not be purchased without following proper bidding procedures. However, the fence can a purchased as a unit without following such procedures. (See page 3) 2. Regarding the motion by Councilman Steiner, seconded by Councilman Hudson -- should read as follows: (Pg. 4) "......that Council go ahead and authorize $5,000 as payment on account at this time without any conditions and upon receipt of BOR funds, the additional $7,000 will be paid contingent upon free title in exchange." The minutes were approved as corrected. E: CORRESPONDENCE There was no correspondence presented to Council. i F: OLD BUSINESS There was no old business to come before Council. s G: NEW BUSINESS G-1: Bills to be paid - bills to be ratified Councilman Morgan moved, seconded by Councilman Thomas, that authorization by the City Council be given for payment of the bills as presented. The motion carried by roll call vote. Voting yes; Hudson, Morgan, Steiner, Thomas, Ambarian, Elson. G-2: Ordinance No. 265-75 - Amending the definition of "Taxicabs" taxicabs City Attorney, C. R. Baldwin, emphasized that this Ordinance clearly defined that a taxicab can only be a sedan and not a bus. Councilman Steiner moved, seconded by Councilman Hudson, for introduction of Ordinance No. 26S-75. Motion passed unanimously by roll call vote. ij t MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 Page 3 G-3: Resolution No. 75-24 - Fixing Taxicab rates for the City of ena This Resolution for an increase in taxicab rates was recommended by the Kenai Public Vehicle Commission. Council noted that there appeared to be some inconsistencies in the rates as presented and instructed the City Attorney to adjust the discrepancies accordingly. Councilman Steiner moved, seconded by Councilman Ambarian, to table Resolution No. 75-24 until the Resolution has been corrected as requested by Council. Motion passed unanimously by roll call vote. G-4: Resolution No. 75-25 - Establishing a bond cash investment i pool Finance Director, John O'Connor, requested this resolution so that the City of Kenai is in compliance with the i restriction requirements of the bond ordinances relating to the General Obligation Bonds and Terminal Revenue Bonds. I Council felt there needed to be some deletions and additions to the Resolution and took the following action. Councilman Thomas moved, seconded by Councilman Hudson, for the adoption of Resolution No. 7S-2S with the following amendments: Delete the third paragraph of Page One ! WHEREAS, the City is still in violation of these requirements; F and , adjust paragraph S to read "WHEREAS, the City realizes that a concerted effort over a period of time would be required to remedy such situation", the 9th paragraph of Page One should reaTITinancial procedures shall be estab- lished by resolution, and as prescribed by the American Institute of Certified Public Accountants and the Municipal Finance Officers Association, in order........". Motion passed unanimously by roll call vote. G-S: Resolution No. 75-26 - Feasibility of need for and esti- mated costs of Improvement District Car lstrom S D. As there has been no written expression of need by the property owners in the area for an Improvement District, Council felt the City should not proceed without consensus of the property owners from the area in question. .11 MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE 4 n (G-S - Resolution No. 75-26 -- continued) Councilman Steiner moved, seconded by Councilman Ambarian, that Resolution No. 75-26 be tabled until such time a written request for the City to proceed is received from the property owners in the Carl F. Ahlstrom S/D. Motion passed unanimously by roll call vote. G-6: Resolution No. 75-27 - Commitment of the City of Kenai for maintenance of Beaver Loop Road when the State of Wra--sRa paves an evelops the drainage system Councilman Thomas moved, seconded by Councilman Steiner, for the adoption of Resolution No. 75-27 with the amendment that the Resolution read all of Beaver Loop Road. The motion passed unanimously by roll call vote. Councilman Morgan advised the Council that a representative from the Office of the Governor had reported at the Chamber of Commerce luncheon that both Forrest Drive and Beaver Loop would be paved this construction season by the Department of Highways. G-7: Assignment of lease from Falcon Aviation to Raven Transit This constitutes the lease of counter space in the Kenai Municipal Airport terminal and the assignment of this lease from Falcon Aviation to Raven Transit until the expiration date of the lease of June 30, 1975. Administration recommended authorization. Councilman Steiner moved, seconded by Councilman Thomas, for approval of Assignment of Lease from Falcon Aviation to Raven Transit. Motion passed unanimously with roll call vote with Councilman Hudson abstaining. G-8: Ordinance 264-75 - Presentation of 1975-76 Budget City Manager. R. D. Lynn, in his budget message to the Council advised that the proposed 197S-76 budget would require an 18.9 Mill levy, 3% Sales Tax and 331 increase in water/sewer rates if so adopted. Councilman Ambarian moved, seconded by Councilman Morgan, for introduction of Ordinance 264-75 with the following amendment: page 2 -- show a break between the Fire Department and Communications (Fire Department $290,475 and Communications $76,977) I---11 101-1 064 MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 (G-8: Ordinance 264-75 -- continued) Motion passed by roll call vote. The Public Hearing on the budget will be held on Wednesday, June 4, 1975. G-9: Ordinance 266-75 - Water/Sewer Rate_Increase PAGE 5 This Ordinance,if adopted, would increase the water/ sewer rates by 33%. Councilman Steiner stated that he felt it was not necessary to declare an emergency in the enactment of this Ordinance. Councilman Ambarian moved, seconded by Councilman Steiner, for the introduction of Ordinance 266-75, with the amend- ment "and declaring an emergency" be deleted from the Ordinance. Motion passed unanimously with roll call vote. G-10: Ordinance 267-75 - Sales Tax Increase This Ordinance entails increasing the present sales tax levy from one percent to three percent. The percentage would be broken down as follows: 1% - Municipal Operations, 1% - debt service and 1% to eliminate prior years' deficit. Councilman Steiner moved, seconded by Councilman Thomas,for the introduction of Ordinance 267-75, with the amendment of the Ordinance by deleting the words "and declaring an emergency". Motion passed unanimously by roll call vote. G-11: Naming of new bridge and access road At the request of the State Highway Department so that appropriate signs could be prepared, the Kenai Planning $ Zoning Commission was asked to select a name for the new bridge and access road. The Planning Commission recommends the following for Council approval: Kenai River Bridge Beluga Drive Council felt that the name Beluga Drive was not within the set standards for naming City streets and referred the matter back to the Planning Commission for further discussion. MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 (G-11: Naming of new bridge F access road - continued) PAGE 6 Councilman Ambarian moved, seconded by Councilman Hudson, to accept the Planning $ Zoning Commission's recommendation of naming the new bridge the "Kenai River Bridge". Motion passed unanimously by Council. Councilman Ambarian moved, seconded by Councilman Hudson, that the naming of the access read be tabled and referred back to the Planning & Zoning Commission. Motion passed unanimously by Council. G-12: AAI - Lease of airport lands or facilities This lease from Alaska Aeronautical Industries is for renewal of space in the Kenai Municipal Airport terminal. The lease is for a period of five years. After reviewing the space allocated for AAI in the Terminal Council felt there were some discrepancies in space leased and referred the matter to Administration for determination of the exact area being leased by AAI. Councilman Hudson moved, seconded by Councilman Steiner, to table approval of the application for lease by AAI ' until the exact area leased is determined. a Motion passed unanimously by roll call vote. is G-13: Council approval - disposal of FAA housing furniture Administration recommended this item be tabled until such time an inventory of FAA housing furniture could be made available for Council review. Decision approved unanimously by Council. G-14: Payment to contractor - Airport Fencing Project Final inspection by the Public Works Director and representatives of Wince-Corthell will be completed at the end of this week. Councilman Hudson moved, seconded by Councilman Steiner, that payment be made to Aspeotis Construction in the amount of $32,207.53. Motion passed unanimously by roll call vote. W M MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE 7 G-15: Payment to Engineering Consulting firm - Ai.1, t Fencing Project As the engineering work on the Airport Fencing Project has been completed, both Administration and the Public Works Director, recommended that payment be made to the Engineering Consulting Firm. Councilman Hudson moved, seconded by Councilman Steiner, that payment in the amount of $3,000 be made to Wince- Corthell for their services on the Airport Fencing Project. Motion passed unanimously by roll call vote. G-16: Airport Lighting Control Panel Project Public Works Director, Phillip Aber, advised the Council that the City had advertised for bid on the Airport Lighting Control Panel Project and had received no responses. Mr. Aber reported that it was agreeable with the FAA for the City to negotiate with a contractor. Councilman Hudson moved, seconded by Councilman Morgan, that the City Manager negotiate with a local firm, if possi- ble, or a firm to complete the wiring. Councilman amended his motion to state "...City Manager negotiate with a licensed contractor.....". Amendment approved by Councilman Morgan, who had seconded the motion. Motion passed unanimously by roll call vote. H: REPORTS H-1: City Manager's Report City Manager, R. D. Lynn, reported that he had filed an Impact Statement with the State and it is presently being reviewed. He felt he would have some type of answer next week. Regarding the CAP Hangar -- work was being planned to fulfill the City's commitment on the original agreement with the Civil Air Patrol. After completion of the budget, Finance Department should finalize BOR projects for reimbursement to City. :r. H-2 City Attorney's Report Contacted Carl Walter, Anchorage Attorney, with regard to Kenai Property Owners vs. City. Motion to dismiss case I r. MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE 8 I (H-2 - City Attorney's Report -- continued) will be heard July 2, 1975. If motion is granted, we will file foreclosure action on an additional $70,000 to $100,000 in assessments. If motion is denied, foreclosure proceedings will be kept in limbo until hearing onthe merits. George Filler Case (Civic Center) - trial will be held on u y , 5, n nchorage and will be handled by attorney Karl Walters. The typing of the code has been finalized. Indexing and table of contents is underway. City has received only one response to advertisement for Attorney -- applicant not a member of the Alaska State Bar. Legal Department has instituted the initial step in assess- ment foreclosures by sending out letters that would amount _ to in excess of $150,000. H-3: Mayor's Report No Mayor's Report _ H-4: City Clerk's Report ?do City Clerk's Report E ' H-S: Finance Director's Report An additional $20,000 in assessments has been turned over to the City Attorney for legal action. Peat, Marwick, Mitchell & Co. will be conducting interim type work in the City during the middle part of July and will return the middle of August to conduct the audit. The statements should be out by September 30, 1975. The April Financial Statement will be typed within the next two days and distributed to Council upon completion. H-6: Planning $ Zoning Commission's Report The Chamber of Commerce has asked the aid of the Commission in selecting a suitable site for their information center. Vic Tyler requested permission to remove a mobile home presently on his property and replace with a new one. His application was denied and Mr. Tyler advised that he would appeal the Commission's decision. Two preliminary plats were approved. One final plat approved. MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 H-7: Borough Assemblyman's Report PAGE 9 Councilman Steiner reported on the actions of the Borough Assembly at their meeting of May 20, 1975. Several Ordinances for introduction and hearing were presented to the Assembly as well as action taken on various school matters including confirming the results of the Special Election of February 25 - School Bond Issue - and approval of expenditures for school construction and purchase of lands for school use. Mr. John Noyce and Mrs. Beverly Fillio were confirmed as new members of the Kenai Peninsula Borough Planning Commission. The Assembly also unanimously passed the rezoning within the City limits of Kenai for a Conservation area. , Ordinance providing $10,000 Property Tax Exemption for Residences failed to make introduction. i The Assembly also voted in favor of exempting banks and savings institutions from charging a 3% sales tax on I services provided to their customers. I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD None There being no further business, the Regular Meeting of the Council of the City of Kenai adjourned at 10:00 p.m. Respectfully submitted, SilePeter, Acting City er M t 1