HomeMy WebLinkAbout1974-03-06 Council MinutesA G E N D A
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REGULAR MEETING, KENAI CITY COUNCIL
MARCH 6, 1974, 8:00 P.M.
KENAI LIBRARY
PAGE
PLEDGE OF ALLEGIANCE
A:
ROLL CALL
B:
PUBLIC HEARINGS
B -
1:
Ordinance 239-74 - Appropriating funds for FY 1973/74
1
B -
2:
Ordinance 240-74 - Special Deferment
1 fi
B -
3:
O•rdinanco 241-74 - In lieu of Assessments
2
C:
PERSONS PRESENT SCHEDULED TO BE HEARD:
1. Dick Peck - Generator to H.E.A.
2
2. Airport Fencing
2-3
3. Bond refunding
3-4
4. ,
D:
MINUTES
4
1. Minutes of Regular Meeting,
H -
2:
City Attorney's Report
5
E:
CORRESPONDENCE
NONE
1.
2.
S.
F:
OLD BUSINESS
l* Notice of Reconsideration -Mike Huss-Lease-Etolin S/D
S
2. Price suggestion on fuel DEFERRED
3.
�J
S.
6.
7.
8.
G:
NEW BUSINESS
1. Bills to be paid - bills to be ratified
6
2. Ordinance 242-74 - Exceptions on purchasing in
6
excess of $500.00
3. Bond refunding proposal
3-4
4. House Bill 445-Relating to Platting Powers
6
F
of Municipalities
S. Airport Fencing -Authorization to go to bid
2-3
6. Resolution 74-IS - Transfer of $7,801.04 from Trust $
6
�.'
Agency Fund to the Airport Land Fund
7. Generator to N.E.A.
2
.9. City Attorney
5
11.
12.
-----
14.
is
H:
REPORTS
7
1. Cit Mt�ager's Report
ea ng File
_. ..
a.
5
b.
c.
d.
3. Mayor's Report
NONE
4. City Clerks Report
NONE
S. Finance Director's Report
7-8
6. Planning $ Zoning's Report
g
r
7. Borough Assemblymen's Report
g
I:
PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
NONE
1.
2.
i
3.
r)
f')
MINUTES
KENAI CITY COUNCIL
REGULAR MEETING
MARCH 6, 1974
8:00 P.M.
KENAI LIBRARY
The Council gave the Pledge of Allegiance.
ROLL CALL: Members present - H . J . Steiner, A. L. Hudson, C.E. Johnson, Tru McGrady,
and Vice Mayor James Doyle.
Members absent - Robert Norene and Mayor John Steinbeck.
There were no objections from Council to adding Agenda Item G - 8 - City
Attorney and moving Agenda Item G - 7 - Generator to H.E.A., to C - 1,
moving Agenda Item G - 5 - Airport Fencing - Authorization to go to bid, to
C - 2 and Agenda Item G - 3 - Bond refunding proposal, to C - 3.
B: PUBLIC HEARINGS
B - 1: Ordinance 239-74 - Appropriating funds for FY 1973/74
The City Manager stated the Administration recommends continuing the
hearing on this ordinance for one more hearing. Administration had a
meeting with F.A.A. in relationship to this and they are checking with their
attorney. A paying procedure maybe worked out Instead of paying a lump sum.
Vice Mayor Doyle recessed the meeting and opened it for a public hearing.
There being no public participation the public hearing was closed.
Johnson moved and Steiner seconded to continue the hearing on Ordinance
239-74. The motion carried unanimously by roll call vote.
B - 2: Ordinance 240-74 - Special Deferment
Vice Mayor Doyle recessed the meeting and opened it for a public hearing
on Ordinance 240-74. There was no public participation and the public hearing
was closed.
Johnson moved and Steiner seconded to adopt Ordinance 240-74 - Special
Deferment. The motion carried by roll call vote with McGrady dissenting.
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MINUTES, KENAI CITY COUNCIL MEETING, MARCH 6, 1974 Page two
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B - 3: Ordinance 241-74 - In lieu of Assessments
' Vice Mayor Doyle recessed the meeting and opened it for a public hearing
on Ordinance 241-74.
Mr. Glad asked how this would affect a person getting a classified fire rating
if they are 1,000 ft. from a hydrant. Mr. Navarre stated we did not take into
consideration the fire districts. It could affect the fire rating.
There being no further public participation, the public hearing was closed.
Steiner moved and McCrady seconded to adopt Ordinance 241-74 - In lieu of
Assessments. The motion carried unanimously by roll cal vote.
C: PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
C - 1: Dick Peck - Generator to H . E.A.
Dick Peck reported H.E.A. is in an unique situation. They are to have power
In by late winter in English Bay by running a cable from Port Graham, stringing
the cable on the trees. The trees have been sold. Alaska State Housing
Authority told the contractor they need electric power for six new homes.
If there is no power, there will be no homes, and there will be no trees to
string the cable. The City of Kenai has a generator H.E.A. would like to
borrow for six months. H.E.A. has reliable power for Kenai via the trans-
mission line, the feed from North Kenai and the feed from Soldotna.
" Mr. Navarre stated we don't have to have a standby at the airport anymore.
we do have a 150 standby in extreme emergency. Mr. Navarre recommends
we help H.E.A. out and loan them the generator for a six months period with
an agreement it will be returned in as good or better condition and reserve
` the right to withdraw it under extreme emergency.
Johnson moved and Steiner seconded to authorize the City Manager to enter
into an agreement with H . E.A. for a six months period. The generator to be
- returned In as good as or better condition as received and could be withdrawn
in extreme emergency. The motion carried unanimously by roll call vote.
C - 2: Airport Fencing - Authorization to go to bid
Mr. Navarre stated the Engineers on this project are here tonight. We have
f the okay from F.A.A. The project will be Federally funded 621% and State
1 371%. He would like the authority to go to bid tomorrow. He further stated
we anticipate an addendum to take care of expansion for a commerical type
apron on the other side of the tower, maybe 1, 000 foot of fence. The addendum
will be prior to the pre -bid conference. We anticipate advertizing for not
less than 30 days. The bid will be in 2 forms ; 1) cost per project basis ti
2) unit price for additions or deletions.
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MINUTES, KENAI CITY COUNCIL MEETING, MARCH 6, 1974 Page three
C - 2 - Airport Fencing - continued
C - 3:
Frank Wince, of Wince, Cortheil E Associates stated the bid is so that the
project may be bid under two contracts. The clearing, grading and signs
under one and the fencing separate or they may be lumped together.
Johnson moved and McCrady seconded to authorize the City Manager to go
to bid on the Airport Fencing project. The motion carried unanimously by
roll call vote.
Bond refundina proposal
Mr. Navarre stated the bond refunding is nothing new but is new to us. Mr.
Chen went over the last proposal at 11: 00 this morning.
Mr. Chen stated the City has a yearly budget of 1.7 million a year. The total
debt service for a year is $600,000. which is our largest burden. In evaluating
the proposals, Mr. Chen used the following criteria:
1. legal requirements of refunding proposals
2. annual savings
3. total savings
4. current City's financial needs
The City received a total of nine proposals from three firms: Seattle First
National Bank, Seattle Northwest S Marshall 6 Mayer. Mr. Chen recommends
Schedule A - 1 from Seattle First National Bank. The City would save
$228,537.29. The major savings appear In the first eight years.
Mr. Navarre stated the proposal is dated for April 1st and will require an
emergency ordinance at the next meeting.
Mr. Edmunds from Seattle First National Bank stated his firm is doing advance
refunding in the State of Washington. The prime reason is I.R.S. regulations
allow municipalities to refinance bonds in advance of re -call date at a lower
rate. These bonds have a 1981 call date. They can be refinanced in 1981 If
the rates are lower. The bond counsel will varify all transactions. It is a
complicated process.
Mr. O'Reilly stated it is like going through life the second time. He recommends
you look very carefully to see if the trustee is fully qualified. The early savings
Is a good feature. It is a good program to get involved in and they are a good
trustee.
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MINUTES, KENAI CITY COUNCIL MEETING, MARCH 6, 1974 Page three
C - 2 - Airport Fencing - continued
C - 3:
Frank Wince, of Wince, Cortheil E Associates stated the bid is so that the
project may be bid under two contracts. The clearing, grading and signs
under one and the fencing separate or they may be lumped together.
Johnson moved and McCrady seconded to authorize the City Manager to go
to bid on the Airport Fencing project. The motion carried unanimously by
roll call vote.
Bond refundina proposal
Mr. Navarre stated the bond refunding is nothing new but is new to us. Mr.
Chen went over the last proposal at 11: 00 this morning.
Mr. Chen stated the City has a yearly budget of 1.7 million a year. The total
debt service for a year is $600,000. which is our largest burden. In evaluating
the proposals, Mr. Chen used the following criteria:
1. legal requirements of refunding proposals
2. annual savings
3. total savings
4. current City's financial needs
The City received a total of nine proposals from three firms: Seattle First
National Bank, Seattle Northwest S Marshall 6 Mayer. Mr. Chen recommends
Schedule A - 1 from Seattle First National Bank. The City would save
$228,537.29. The major savings appear In the first eight years.
Mr. Navarre stated the proposal is dated for April 1st and will require an
emergency ordinance at the next meeting.
Mr. Edmunds from Seattle First National Bank stated his firm is doing advance
refunding in the State of Washington. The prime reason is I.R.S. regulations
allow municipalities to refinance bonds in advance of re -call date at a lower
rate. These bonds have a 1981 call date. They can be refinanced in 1981 If
the rates are lower. The bond counsel will varify all transactions. It is a
complicated process.
Mr. O'Reilly stated it is like going through life the second time. He recommends
you look very carefully to see if the trustee is fully qualified. The early savings
Is a good feature. It is a good program to get involved in and they are a good
trustee.
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MINUTES, KENAI CITY COUNCIL MEETING, MARCH 6, 1974 Page four
C - 3 - Bond refunding proposals - continued
19
k-:�)
Mr. Evans stated the Audit 8 Budget Committee weren't notified until 4: 30
P.M. and was too late for a meeting to discuss It. His own personal reservations
Is he is reluctant to get excited about an emergency situation. He has checked
the Charter and feels there may be a legal problem.
Mr. Stetler stated he had nothing to add. He doesn't understand the mechanics.
We have had no chance to look at it and is not fair to ask for an opinion without
knowing more about it.
Mr. Navarre stated we are using our bond counsel not their counsel. If its
not legal we won't do anything. Mr. Edmunds stated if your bond counsel does
not approve, we are subject to loss, not you.
Vice Mayor Doyle stated he wouldn't vote in favor until the Budget 6 Audit
Committee goes over it.
Councilman Hudson stated if Administration is working on something of this
magnitude, Council should be informed.
After more discussion, Steiner moved and Johnson seconded to take a positive
action and to have an emergency ordinance prepared for two weeks hence.
After more discussion Council asked Mr. Edmunds if his proposal would be
firm if Council could inform him before the close of business Friday so Council
could have a special meeting with the audit committee. He stated if he knew by
Friday the proposal was firm.
Steiner, with consent of second, withdrew his motion.
Johnson moved and Steiner seconded a special meeting be held Friday noon with
the Audit 8 Budget Committee in the City Manager's office for the purpose
of discussion and action, final approval or disapproval of the bond refunding
proposal. Unanimous consent was asked and granted.
Steiner moved and Johnson seconded to take positive action tonight and bring
forth an emergency ordinance two weeks hence, subject to final approval
Friday. The motion carried unanimously by roll call vote.
MINUTES
The Minutes of the Regular Meeting of February 20, 1974, were approved as
corrected. Page 8, H - 1 (a) to read "..... only allows patrolmen or a
person designated by the City Manager, to shoot a dog in an emergency".
PON
MINUTES, KENAI CITY COUNCIL MEETING, MARCH 6, 1974 Page five
H - 2: City Attorney's Report
Mr. Fisher stated that on the basis of a discussion with the City Manager, he
submitted a protest on the K.U.S.C.O. tariff revision. One week period was
permitted for consideration and that is not sufficient time. There should be
30 days notice.
He further stated the City was served with an injunction Monday, March 4th -lC
on local improvement district #8. Kenai Prrope t� 0 ers ciati n files.
the injunction March 1, 1974. Mr. Fisher r�; 1 fhA
additional legal service to handle the entire matter or 2) to hire legal service
to assist the City Attorney or 3) City Attorney do all the response required at
this time. The fourth alternative is the present City Attorney take actions
required at the present and co-operate with the in staff attorney. The suit was
filed in Anchorage and maybe we should request it be moved here.
{ Mr. Navarre stated perhaps we should go for a specialist in this field. Mr.
Fisher stated if it were turned over to an outside firm it might go far slower
than it should. He hopes to have a written memo on this.
Mr. Fisher reviewed Resolution 74-15 briefly and does not recommend any
action be taken relating to the money held for the first years. Mr. Navarre
stated he discussed this with F.A.A. and they agree it should be in the Airport
Fund.
With consent of Council, Agenda Item G - 8 - City Attorney will be heard at
this time.
G - 8: City Attorney
Mr. Navarre stated Council was sent all the resumes. He recommends hiring
Henry Hoist. His salary would be $30,000 a year. He would need secretarial
support from our typing pool, a legal library; McQuillans Municipal Law,
State Statutes, Administrative Code, a desk, paper and pencil and a direction
from Council not to look at favoritism and live and abide by the law.
Steiner moved and Johnson seconded Council that Council hire Mr. Henry
Hoist as City Attorney. The motion carried unanimously by roll call vote.
F: OLD BUSINESS
F - 1: Notice of Reconsideration - Mike Huss - Etolin S/D
Hudson moved for notice of reconsideration - Mike Huss - Etolin S/D. The
4
motion died for lack of a second.
MINUTES, KENAI CITY COUNCIL MEETING, MARCH 6, 1974 Page six
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F - 2: Price suggestion on fuel
To be put on the next Agenda.
G: NEW BUSINESS
Bills to be paid - bills to be ratified
McCrady moved and Steiner seconded to approve payment of the bills and
ratify payment of the bills listed on the memo of March 6, 1974. The motion
carried unanimously by roll call vote.
G - 2: Ordinance 242-74 - Exceptions on purchasing in excess of $500 00
Johnson moved and Steiner seconded for the introduction of Ordinance 242-74 -
1 exceptions on purchasing in excess of $500.00, the final hearing to be held
In two weeks. The motion carried unanimously by roll call vote.
G - 3: Bond refunding proposal
Heard under C - 3.
G - 4: House Bill 44S - Relating to Platting Powers of Municipalities
Mr. Navarre stated this was put on the agenda If Council wants to take action.
There are some advantages and disadvantages. The large subdividers should
have some responsibility to dedicate open lands or parks. It Is an expense for
small subdividers.
Mr. Clad stated the Kenai Peninsula Board of Realtors did object because it is
j
t
unfair to small subdividers.
Councilman Steiner asked how soon do we need to reply. This should go to
Planning 8 Zoning for a recommendation. Mr. Navarre stated you don't know
when this will pop out of the committee. Councilman Steiner felt Administration
'
should be directed to write a letter that House Bill 44S Is under consideration of
the Planning E Zoning Commission and will have a reply within two weeks.
There were no objections.
G - 6: Resolution 74-15 - Transfer of $7, 801.04 from Trust E Agency Fund to
_._
the Airport Land Fund
Johnson moved and Steiner seconded to adopt Resolution 74-15 - Transfer of
$7,801.04 from Trust 8 Agency Fund to the Airport Land Fund. The motion
carried unanimously by roll call vote.
L.. - L
MINUTES,
KENAI CITY COUNCIL MEETING, MARCH 6, 1974 Page seven
G - 7:
Generator to H.E.A.
Heard under Agenda Item C - 1.
G - 8:
City Attorney
Heard after H - 1 - City Attorney's Report.
H:
REPORTS
H - 1:
City Manager's Report
Mr. Navarre was not aware the reading file wasn't brought to Council for
their perusal. It will be available at each Council meeting in the future.
There will be a public hearing on the Kenai Boat Harbor, Thursday, March
7, 1974 at 7: 30 P.M. in the Borough building.
He further reported the Mayor's Committee on History and Tradition had a
meeting last night. They are an active group. They need dollars to restore
Fort Kenay, on a piece meal basis. Their priority is the wood shingles and
getting the fence up. Hopefully the fence can be put up by force account.
Mr. Navarre stated he talked with Seattle & Juneau on the funding on WPC-AK-
35. Mr. Anderegg is going to send back any papers missing. Five other
projects will go into the Clearinghouse next week.
H - 3:
Mayor's Report
No report.
H - 4:
City Clerk's Report
No report.
H - 5:
Finance Director's Report
Mr. Chen reported the cash flow is improving. He usually has the monthly
report out to Council by this time but he has been working on the refunding
program.
He further reported the City Manager received a proposal from the auditors.
The cost will vary in the amount of time they spend and the amount of help
we give. The proposal not to exceed $17,000.
W
MINUTES, KENAI CITY COUNCIL MEETING, MARCH 6, 1974 Page eight
H - 5 - Finance Director's Report - continued
Councilman Hudson asked if they were going to audit the Capital Improvement
Projects. Mr. Chen stated it Is advisable to do most of that In-house because
of the dollars spent on force account that are chargeable to these projects.
Audits have been made on the Public Safety Building, Airport project, Sewer
Treatment Plant and the interceptor line. Councilman Hudson stated he had some
questions in mind, like the expenditure up to $30, 000 on the race track and
gun club. That money spent Is not shown and was not a donation. Mr. Chen
stated he intends to straighten this out. Mr. Navarre stated he has looked into
the racetrack lease. We pay $1,800 lease annually and $2,100 insurance
annually and no value returned. He is investigating turning the lease back.
Councilman Hudson asked the progress on the baseball project. Mr. Navarre
stated it looks good. The Association is handling it and it is moving ahead.
H - 6: Planning E Zoning's Report
Commissioner Hudson reported the Commission granted a utility r.o.w.
between Lots 4 6 5, Block 5, CIIAP along with the use of an old City quonset
but to Glacier State with the stipulation when the lease is up on Lot 4 they
get rid of the quonset hut.
The Commission was not clear on exactly what H.E.A. wants as far as the
r.o.w. easement and have asked them to come to the next meeting.
There was a public hearing on the vacation of a portion of 31st Street and
there were no objections.
' H - 7: Borough Assemblymen's Report
i
f Assemblyman Johnson reported on the last Assembly Meeting.
The Assembly passed Ordinance 74-5 - making a supplemental appropriation
to the emergency employment act through December 31, 1973.
Ordinance 74-7 - making a supplemental appropriation to the South Kenai
Peninsula Hospital Association was introduced and the hearing was set
for April 2, 1974.
Carl Hille reported on proposals coming in an advance bond refunding.
Resolution 74-16 regarding Lake Clark National Park was passed. Resolution
74-17 - Roads and Trails - requesting State refunding passed. Resolution 74-18
regarding the death penalty passed with a notice of reconsideration being filed.
is PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
t
None.
MEETING ADJOURNED 11:20 P.M.
Respectfully submitted, Karroo o 1, City Clerk