HomeMy WebLinkAbout1975-07-16 Council Minutesi
A G 11 N D A
1111GULAR MEETING, KVNAI CITY COUNCIL.
JULY 16, 1975 - 8:00 P.M.
PUBLIC SAFETY BUILDING
�}
PLilDGH Oil ALLEGIANCH
A.
ROLL CALL:
AGENDA APPROVAL
B.
PUBLIC 11HARINGS:
1. Trannfer of ucvurago Ulapensary license for Harbor Vlow.
2. Ordinance No. 262-75 - Dlacharge of Firvarma within City limits
ADJOIIRNMIINT • IIOARII OF ADJUSTMENT • GRAVEL 111'1' USI! PlifiW I'S
C.
PERSONS PRN.SNN1' SC1111DU1,1111 TO lill }WARD:
I. Mr. Robort Bielefeld • Sand on Airport
2.
3.
D.
MINUTVS:
1. Minutes of the Regular Meeting of July 2, 1975
F.
CORRESPONDENCE
2.
F.
OLD NUSIUSS:
1. Rosolution No. 75-30- Intrufund Transfer • Delete
2. Resolution No, 75-31• Intrufund Tranofor • Delete
3. Airport Lighting Control Panel Project
4. City owned building at refuso site
S. State Jail Contract
6.
7. I
G.
NEW BUSIN1ISS:
1. Bills to be paid - bills to be ratified j
2. Ordinance No. 265-75 - Itinerant Merchants
3. Payment to consulting, engineer • Airport Fencing Project
4, Lease of City Owned Lands or Facilities - U. S. Dept, of Interior
S. Assignment of Lease from Go Machine Soles f, Service to
-
Brian L. and Nancy J, Peck I
6. Lasso of City Owned Lands or Facilities American Legion
7. Lasso of City Owned Lards or Facilities Fine Arts Center
S. Acceptance of bid an FAA Houne No, 104
9. Bid on FAA House No. 103 , "Across the Counter" - Council approval
l0, Payment to architect - Kenai Community Library Project
11. Special Uso Permit - Katmai Metal
12, Awarding of Bid - Relocation of Kenai Communications Center
13, Awarding of Bid - Kenai Community Library Project
14.
15,
H.
REPORTS.,
1. City ManagertoReport
2. City Attorney's Report
—
3. Mayor's Report
`
�f
4, City Clerk's Report
S. Finance Director's Report
6. Planning C Zoning Commission's Report
7. Kenai Peninsula Borough Assombly's Report
1.
PERSONS PRL'SEP1T N09' SCHIiDULI:D TO BE HEARD:
1.
t
`c
s
MINUTES - REGULAR MEETING
KENAI CITY COUNCIL
JULY 16, 1975 - 8:00 P.M.
PUBLIC SAFETY BUILDING
The Council gave the Pledge of Allegiance
ROLL CALL: Members Present: H. J. Steiner, 0. L. Thomas, Edward Ambarian,
James Doyle, A. L. Hudson, R. I. Morgan and James A. Elson.
Members Absent: None
AGENDA
APPROVAL: The following deletions were approved by Council:
F-1: Resolution No. 75-30 - Intrafund Transfer
F-2: Resolution No. 75-31 - Intrafund Transfer
The following additions were approved by Council:
G-9: Bid on FAA House No. 103 - across the counter sale
G-10: Payment to architect - Kenai Community Library Project
G-11: Special Use Permit - Katmai Motel
G-12: Awarding of Bid - Relocation of Kenai Communications Center
G-13: Awarding of Bid - Kenai Community Library Project
F-3: With unanimous approval of Council, Item F-3 under Old Business, Airport
Lighting Control Panel Project, was moved up to the first item of business
to enable Mr. Ed Carlstrom to make his Presentation and return to his
home in Anchorage.
Mr. Carlstrom, representing Carlstrom Construction Company, spoke
In behalf of Dunamis Electric and its qualifications ;bonding, licensing, etc.)
to enter into a contract with the City of Kenai. Mr. Carlstrom explained to
the Council that the State issues a license to an individual rather than a sum
and the licensed individual becomes the responsible party adhering to
the rules and regulations set forth by the State. For purposes of bonding,
a contractor must have adequate experience and background, however, in the
case of a new contractor just starting into business, he must be endorsed by
a licensed and bonded individual. Thus is the case between Mr. Carlstrom
and Miles Dean.
Councilman Thomas inquired if it would not protect the City to hold Carlstrom
Construction Company liable in addition to Dunamis Electric. City Attorney,
Janis Williams stated it would be beneficial to have Carlstrom Construction
sign the contract as well as Dunamis Electric.
i
F.
0
MINUTES, KENAI CITY COUNCIL, MEETING OF JULY 16, 1975 PAGE 2
City Manager, Roland Lynn, recommended Council approval of the contract
U Council were satisfied with the conditions as set forth above.
MOTION:
Councilman Thomas moved, seconded by Councilman Steiner, for approval
of the contract for the Airport Lighting Control Panel project between the
City of Kenai and Dunamis Electric subject to participation in the area of
liability by Carlstrom Construction Company and also subject to final
approval from the Federal Aviation Administration.
Motion passed by roll call vote. Voting yes; Steiner, Thomas, Ambarian,
Doyle, Hudson and Morgan. Voting no; Eisen.
B:
PUBLIC HEARINGS:
B-1:
Transfer of Beverage Dispensary license for Harbor View
Transfer of beverage dispensary license for Harbor View; Harbor View, Inc.,;
D. R. Kimbrell, President; James Udelhoven, Vice President; Patsy B. Brown,
Secretary; David L. Diamond, Treasurer; Peninsula & Bluff Streets, Kenai,
Alaska - Box 1377, Kenai, Alaska 99611. From: Theodore D. & Helen
I. Erlwein.
MOTION:
Councilman Doyle moved, seconded by Councilman Steiner, for approval of
the transfer of beverage dispensary license for the Harbor View.
Motion passed unanimously by roll call vote.
B-2:
Ordinance No. 262-75 - Discharge of Firearms within the City Limits
Mayor Elson opened the meeting for a public hearing on Ordinance No. 262-75.
Mr. William Stewart presented a map to the Council showing a specified area
along the Kenai River to be designated for shotgun shooting.
Mayor Elson brought the meeting back to the Council table.
MOTION:
Councilman Steiner moved, seconded by Councilman Thomas, for adoption of
Ordinance No. 262-75.
Councilman Doyle stated he felt that that areas should be so designated before
adoption of the Ordinance.
Mayor Elson concurred with Councilman Doyle and stated he too felt there should
be accompanying resolutions designating certain areas wherein firearms may
be discharged within the City limits.
.J
MOTION:
Councilman Doyle moved, seconded by Councilman Ambarian, to table Ordinance
No. 262-75 for thirty (30) days. '
MINUTES, KENAI CITY COUNCIL, MEETING Or JULY 16, 1975 PAGE. 3
"lotion passed by roll call vote. Voting yes; Ambarian, Doyle, Morgan and
Elson. Voting no; Steiner, Thomas and Hudson.
ii
ADJOURNMENT - BOARD OF ADJUSTMENT - GRAVEL PIT USE PERMITS
Mayor James Elson adjourned the regular meeting of the City Council at
8: 30 p.m. for the purpose that the Council act as a Board of Adjustment in
the matter of Chester Cone - Gravel Pit Use Permit, and Robert Borgen -
i
Gravel Pit Use Permit.
Mayor James Elson brought the meeting back to the Council table at
9:45 p.m.
I
C: PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Mr. Robert Bielefeld - Sand on Airport
Mr. Bielefeld requested permission from the City to remove sand from the
airport lands to be used as fill material and replace the sand removed with
top soil for the purpose of development of his lot located on airport lands.
Mr. Philip Aber, Public Works Director, stated that removal of sand from
airport land may pose hazardous situations wherein open holes would be
exposed along the taxiways and runway. Mr. Bielefeld stated he would
agree to an even exchange - top soil with sand.
The Council was advised that the present policy of the City of Kenai is that
no sand or gravel is to be hauled off of City owned lands.
MOTION: Councilman Steiner moved, seconded by Councilman Morgan, that Mr. Bielefeld's
request to remove sand from the airport lands to be used as fill materials
replacing the sand removed be granted subject to the transfer of the materials
{�
I�
under the approval of the Administration.
--� .-
Councilman Morgan moved, seconded by Councilman Ambarian, to amend the
motion by adding that the costs incurred by the City will be charged back to
7
;-
the lease holder.
The amendment to the motion paased unanimously by roll call vote.
The main motion, as amended, passed unanimously by roll call vote.
D: MINUTES:
D-1: Minutes of the Regular Meeting of July 2, 1975
J
�-
Approved unanimously as distributed.
d
r
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975 PAGE 4
�l
F:
OLD BUSINESS:
F-4:
C#y ownad building at refuse site
City Manager, Roland Lynn, reiterated that at the last Council meeting
he had advised that the Borough had expressed an interest in the small
building at the refuse :site and that the Borough would buy the building
for $800. City Administration had researched the matter further and found
that the original cost to the City for building the 10x12 building iaas $2, 000+.
The Borough has advised that they will not pay more than $800 for the building.
Mr. Lynn advised the Council that the City has no use for the building at the
present time.
Councilman Ambarian stated he felt that the building should be offered
at public auction.
MOTION:
Councilman Steiner moved, seconded by Councilman Thomas, that the
I0x12 City owned building located at the refuse site be put up for auction
with a stipulated minimum bid of $1,400.
Councilman Morgan moved to amend the motion to read with a stipulated
minimum bid of $800. Motion died for lack of second.
Motion passed by roll call vote. Voting yes; Steiner, Thomas, Ambarian,
Doyle and Hudson. Voting no; Morgan and Elson.
F-5:
State Jail Contract
Mr. Lynn advised that the City was ready to enter into a contract with
the State for lease of City jail facilities. The State would lease the facilities
on an eleven month basis for a total rental rate of $13,156.00. The City would
be responsible for utilities.
MOTION:
Councilman Steiner moved, seconded by Councilman Morgan, for approval
for the City to enter into an agreement with the State of Alaska for Lease
of City Jail Facility through June, 1978.
Motion passed unanimously by roll call vote.
F-6:
Port of Kenai
Administration advised that no agreement was located between the City
and the Port of Kenai for reimbursement by the City for construction of
the road.
_
Discussion followed and it was suggested by the Council that as the City
did use the road and a verbal agreement had been made, the City should
take the responsibility for reimbursement to the Port of Kenai.
r
it
S
.I
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975
PAGE 5
MOTION: Councilman Steiner moved, seconded by Councilman Morgan, to make
payment in the amount of $1,498 to the Port of Kenai.
Motion passed by roll call vote. Voting Yes; Steiner, Thomas, Doyle,
Morgan and Elson. Voting no; Ambarian and Hudson.
G: NEW BUSINESS:
G-L; Bills to be paid - bills to be ratified
MOTION: Councilman Steiner moved, seconded by Councilman Ambarian, for payment
of the bills as presented by the Finance Department.
Motion passed unanimously by roll call vote.
G-2: Ordinance No. 268-75 - Itinerant Merchants
City Attorney, Janis Williams, advised Council that this Ordinance had
been prepared at the request of the Retail Merchants Association and to
designed to protect local merchants and residents against unscrupulous
itinerant merchants.
8 MOTION: Councilman Steiner moved, seconded by Councilman Ambarian, for intro-
duction of Ordinance No. 268-75. Motion passed unanimously by roll call vote.
Mayor Elson stated he felt there should be a definition as to who this
Ordinance would apply to as there are several businesses outside of the
V - City who provide services to the residents of Kenai.
Council directed the City Attorney to more clearly define who the Ordinance
will apply to in regard to "itinerant merchants".
.I
G-3: Payment to consulting engineer - Airport Fencing Project
This bill in the amount of $1.620.00 payable to Wince-Corthell & Associates
for resident inspection services during May, 1975, on the Airport Fencing
i Project.
I
MOTION: Councilman Steiner moved, seconded by Councilman Ambarian, for payment
in the amount of $1, 620.00 to Wince-Corthell & Associates for engineering
j services on the Airport Fencing Project.
Motion passed unanimously by roll call vote.
I I%
� 1
MINUTES,
KENAI CITY COUNCIL, JULY 16, 1975 PAGE 6
G-4:
Lease of City owned lands or facilities - U. S. Deparment of Interior
Administration advised Council that there is an additional condition required
In that the Department of the Interior has requested that they have access
to the property they are proposing to lease from the adjoining property. This
request will need approval from the current lessee of the property in question.
MOTION:
Councilman Steiner moved, seconded by Councilman Doyle, for approval
of the lease of the north 1/2 of Lot 2, Block 3, Small Aircraft Apron, See. 33,
T6N, Rliw, SM. to theU. S. Department of Interior subject to the easement
being granted.
Motion passed unanimously by roll call vote.
G-5:
Assignment of Lease from GO Machine Sales a Service to
Brian L. Peck and Nancy J. Peck
This lease pertains to Lots 7 and 8, Old Aircraft Apron, Cook Inlet
Industrial Air Park. The total area leased is 15, 000 square feet at an annual
rental rate of $600 or $.04/sq. ft. The lease to Go Machine Sales a Service
expires January 31, 1976. Go Machine Sales a Service requests Council
approval to transfer their lease to Brian L. and Nancy J. Peck.
MOTION:
Councilman Morgan moved, seconded by Councilman Ambarian, to accept
the Assignment of Lease from GO Machine Sales a Service to Brian L. and
Nancy J. Peck.
Motion passed unanimously by roll call vote.
G-6:
Lease of City owned Lands or Facilities - American Legion
Mr. Lynn advised the Council that as the FAA had found the City in non-
compliance in regard to the City's lease of airport lands and facilities in that
the City was not receiving "Fair Maket Value" from certain tenants, it was
necessary to review certain leases, in which category the American Legion
Is included.
MOTION:
Councilman Steiner moved, seconded by Councilman Morgan, for approval
of the lease to the American Legion, Building #107, FAA Housing Area,
Government Lot #5, at the annual rental rate of $3,747 subject to verification
of 1,456 sq . ft . as the area to be leased.
Mr. Edward Garnett representing the American Legion as legal counsel
presented a petition to the Council with signatures of over one hundred
supporters of the Legion. Mr. Garnett also advised the Council that the
Legion had already paid this year's annual rental fee and the Legion had
spent a great deal of money on repairs, etc. to the building. Mr. Garnett
MINUTES, KENAI CITY COUNCIL, JUI.Y 16, 1975
PAGE 7
A further stated that the lease did not expire until 1078 for an annual rental
rate of $500. Mr, Garnett asked if something similar could be arranged for
the Legion as had been set up for another tenant in that a transfer of funds
from one account to another had been accomplished.
Motion passed by roll call vote. Voting yes; Steiner, Thomas, Ambarian,
Doyle and Hudson and Morgan. Voting no; Elson,
MOTION: Councilman Doyle moved, seconded by Councilman Thomas, for reconsideration
of the lease to the American Legion at the next regular meeting of the Council.
Unanimously approved,
G-7: Lease of City Owned Lands or Facilities - Fine Arts Center
As the City Council had decided in its budget hearings not to support
any organizations outside the City organization, Administration asked for
direction from Council in setting lease rates on leases of City owned lands
and facilities such as in the case of the Fine Arts Center. The Fine Arts Center
consists of 3 872 square feet and are presently j p y paying iii per year for their
j annual rental rate. The City pays for all utilities on the building. If the City
were to receive fair market value on the Fine Arts Center, the annual rental
rate would be $9, 722.
Councilman Morgan stated that this building was used by over a dozen organi-
zations and one wing of the building was open to the public for recreation.
Councilman Morgan further stated that he did not feel the City was tied to the
rules and regulations concerning leases as set forth by the FAA on non -airport
lands.
Councilman Thomas stated that he had no adverse feelings against the groups
that are using the building, however, Council must sot a policy and show no
favoritism to any groups or organizations utilizing City owned lands and
facilities.
MOTION: Councilman Steiner moved, seconded by Councilman Thomas, that the piece
of property on which the Fine Arts Center building is located, be put up for
sale with a minimum acceptable bid of $05,123,
Motion did not pass by roll call vote. Voting no; Doyle, Hudson, Morgan and
Elson. Voting yes; Steiner, Thomas and Ambarian.
Mayor Elson stated he felt as long as there was no demand for a particular
piece of City owned property, the City should continue the lease basis as in the
past.
The Fine Arts group also advised the City that there has never been
a thermostat installed in the building and controling the heating in the building
was very difficult,
WE
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975
MOTION:
MOTION:
a-9:
PAGE S
Mrs. Jetta Brewer of the Fine Arts Center advised the Council the group
would like tc, work with the Council but the Center cannot pay the annual
rental rate as proposed.
Councilman Stainer moved, seconded by Councilman Thomas, to retain
the present agreement between the r ine Arts Center and the City of Kenai
but the building be offered for rent to any suitable prospective tenant at
the annual rental rate of $0, 722.
Councilman Steiner moved to amend his motion, with approval of second,
to include at the City's expense a thermostat will be installed but that
the Kenai Fine Arts Center will pay for the utilities and maintenance here-
after.
The amendment to the motion passed by roll call vote. Voting yes; Steiner.
Thomas, Ambarian, Hudson and Elson. Voting no; Doyle and Morgan.
The main motion as amended passed unanimously by roll call vote.
Acceptance of bid on FAA House No. 104
A minimum bid of $6,000 was received from Mr. Milos Dean. Mr. Dean
has put a deposit on the house and has been advised that he has ninety days
in whioh to remove the structure from the premises and restore the grounds.
Councilman Steiner moved, seconded by Councilman Ambarian, to accept
the $6,000 bid on FAA House No. 104 from Mr. Miles Dean.
Motion passed unanimously by roll call vote.
Bid on FAA House No. 103 - "Across the Counter" - Council Approval
Mrs. Joe Keeney has submitted a request to the City of Kenai to purchase
FAA House No. 103 "Over the Counter" at a price of $6,000.
City Attorney Jan Williams recommended that Council authorize FAA
House No. 103 to be offered up for auction rather than sold across the
counter.
City Council instructed Administration to proceed with the details necessary
to auction FAA House No. 103 at the soonest possible convenient date.
M
a
FA
MINUTES, KENAI CITY COUNCIL, JULY 10, 1975 PAGE 9
0-10: Payment to architect - Kenai Community Library Project
MOTION: Councilman Morgan moved, seconded by Councilman Hudson, for payment
in the amount of $1, 301.72 to Lane -Knorr -Plunkett & Associates for reim-
bursable expenses per agreement between the City of Kenai and architectural
firm of Lane -Knorr -Plunkett a Associates.
Motion passed unanimously by roll call vote.
&il: Special Use Permit - Katmai Motel
The Katmai Moto' has requested permission from the City to install a direct
telephone line from the Kenai Airport Terminal to the motel office for pur-
poses of picking up motel guests upon arrival at the airport. The
permit will commence on August 1, 1075 and extend through July 31, 1976
for aN annual rate of $90 plus sales tax.
MOTION: Councilman Morgan moved, seconded by Councilman Doyle, for approval
of the Special Use Permit to the Katmai Motel for the period August 1, 1975,
through July 31, 1976 for an annual rate of $90 plus sales tax.
Motion passed unanimously by roll call vote. proceedings with regard
0-12: Awarding of Sid - Relocation of Kenai Communications Center
Mr. Lynn advised the Council that though $10, 000 had been authorized in
the budget for the costs of relocating the Kenai Communications Center,
every effort should be made to come up with other funds. The City has applied
for Criminal Justice Planning Agency grant funds to aid in alleviating the
costs incurred in relocating the Communications Center .
Councilman Hudson stated that at the Budget work sessions, it was agreed
upon by the Council not to move the Communications Center until the grant
was received.
MOTION: Councilman Steiner moved, seconded by Councilman Ambarian, to accept
the low bid for moving the Kenai Communications Center contingent upon
receiving the grant funds in full.
Councilman Hudson suggested that the Council be presented with sketches
and pertinent materials on the proposed move of the Center.
Councilman Steiner stated he felt that the contractor should furnish every-
thing (materials, labor, etc.) so the City will know exactly how much the
project is going to cost.
r,
K
MINUTES, KENAI CITY COUNCIL, JULY 16, 1575
PAVE 10
MOTION: Councilman Doyle moved, acconded by Councilman Steiner, to table the
matter of the relocation of the Kenai Communications Center indefinitely.
Motion passed by roll call vote. Voting yes; Steiner, Thomas, Ambartan,
Doyle, Hudson and Elson. Voting no; Morgan.
a-13: Awarding of Bid - Kenai Community Library Project
Mr. Lynn Advised the Council that the Bid Opening was held on Wednesday,
July 16, 1075, at 2: 00 p.m. in the City Manager's Office with the architect
on the Kenai Community Library Project in attendance. There were no bids
received and no bids opened. Mr. Lynn advised that one potential bidder
had come prepared with his proposed bid but the contractor withdrew prior
to bid opening as his bid was much higher than acceptable. Also, three
other contactors were interested but were presently involved in projects
and were not able to bid.
The next step now would be that the architect will again advertise for
bids for a date three weeks from first bid opening.
H: REPORTS:
H-1: City Manater's Revert
Mr. Lynn reported that he would request the Criminal Justice Planning
Agency to return the City of Kenai's application for grant funds.
The $1,230,000 project to construct new line from Beaver Creek into existing
line plus up -grading, etc. will have top priority.
Mr. Lynn requested that the Council meet in a work session to discuss the
study furnished the City by the U . S . Civil Service Commission - meeting
was set for 6 p.m. Monday, July 21, in the City Manager's office.
Administration must work with Council on ramification of Impact Funds --
require an Ordinance to accept the funds.
The Project Report will be submitted to Council on a regular basis.
Administration had received a letter from Insurance Services Office of
Alaska regarding the Fire Rating re -grading for Kenai. They requested
a time be set aside around September loth - Administration will ask for a delay
as everyone will be still involved in the summer maintenance program and
unavailable to assist in the re -grading project.
A
W
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975
PAGE H
H-2: City Attorney's Report
In regard to the Tibbetts case -- at this time, it door not appear that zoning
is enforceable.
The Kenai Property Owners suit to in pre-trial stage. There has been no
decision in the Filler case.
H-3: Mayor's Report
Mayor Elson asked if the Council wanted the City Attorney to prepare
an Ordinance regarding the Disclosure Law. If so desired, the
Ordinance should be prepared for the October election.
H-4: City Clerk's Report
None
H-5: Finance Director's Report
The Finance Department is 90% completed with the reports on the
Capital Projects. There are several Park Grant Applications left to
file but must have Public Works check the parks and verify certain
requirements as set forth in the grant applications. Financial Statements
will be out by the 10th of each month starting with the July statements which
will be distributed by August loth.
H-6: Planning s Zoning Commission's Report
There will be a joint work session with the City Council Wednesday,
July 23, at 8:30 p.m.
H-7: Kenai Peninsula Borough Assembly's Report
Rogarding Ordinance 75-41 "An Ordinance Amending KPC 25.10.05 to reduce
the Kenai Peninsula Borough Sales Tax from 3% to W, there was much
public imput to retain the sales tax and withdraw the Ordinance. The issue
was tabled until the next Assembly meeting. Much of the residents in the
Kenai Peninsula Borough feel that amending this sales tax will only benefit
those residents within the City of Kenai. Councilman Steiner stated that
the issue need much more discussion and clarification of the Ordinance
to the general public.
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
None
1�
1
}
_ MINUTES, KENAI CITY COUNCIL, JULY 16, 1975
h
PAGE 12
There being no further business, Mayor James Elson adjourned the
j meeting at 12: 46 p.m.
i
Respectfully submitted,
j Sue 0. Peter, Acting City Clerk
i�
I
i
! i
4
i i ..
!
{
�J7' 1I
I
It
`�
i
I
i
r
i
I
la