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HomeMy WebLinkAbout1974-08-07 Council Minutes0 W A G B N D A REGULAR MEETING, KENAI CITY COUNCIL AUGUST 7, 1974. 8:00 P.M. KENAI LIBRARY PAGE PLEDGE OF ALLEGIANCE OATH OF OFFICE - ROLAND D. LYNN - CITY MANAGER l OATH OF OFFICE - C. R. BALDWIN - CITY ATTORNEY 1 A: ROLL CALL 1 AGENDA APPROVAL 1 B: PUBLIC HEARINGS: NONE C: PERSONS PRESENT SCHEDULED TO BE HEARD: 1. Carol Sullivan - Chauffeur's license 1 2. Bill Quandt - W 4 S NOT PRESEN 3. Frenchy Cresswell 2 D: MINUTES 1. Minutes of Regular Meeting, July 17, 1974. 2 E: CORRESPONDENCE NONE 1. 2. F: OLD BUSINESS 2 1. Peninsula Oilers Baseball 2. Resolution 74.31 - Intrafund Transfer - $4,200 2 S. Boat Ramp Access Road t 5, Report on Forest Drive variance 4 i 6. 7. 0: NEW BUSINESS ;s 1. Bills to be paid - bills to be ratified 4 2. Resolution 74.32 - Bank signators 4 3. Request for paynent-Burgess Construction Co. •$3,360.00 4 4. Resolution Xg-Amending Personnel Manual S S. Resolution 74-34-Revising Local Service Roads 4 Trails Prg. 3 6. Resolution 74-35-Establishing regulations -Sand Pits 5-6; 7. Ordinance 247-74-Electing Assemblymen within 1st class cities 6 S. Paving of 17 St. from Spur Road to A. -St. to 9th St. and 6-7. Airport Access Road pnd Vehicle Parking Area. 9. Now Census Cost - Resolution 74-36 7 '. 10. Compensation - Now -Mayor 7 11. 12. 13. 14. 1S. H:' REPORTS 1. City Manager's Report a. Answers to questions raised at 723-Mork Session 7 b. Well No. 2 Project 7 c. Kaknu 4 Davidson -Cone Projects 7 d. Request Agenda cut-off on Monday P.M. instead of Friday 8 f. 2. City Attorney's Report a. Lease revision 8 b. C. 3. Mayor's Report NONE;, 4. City Clerk's Report NONE: S. Finance Director's Report 8 :1 6. 6. Planning B Zoning's Report NOW 7. Borough Assemblymen's Report 9 ; I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 1. Mal Doss g 2. MINUTES KENAI CITY COUNCIL REGULAR MEETING AUGUST 7, 1974 8:00 P.M. f KENAI LIBRARY The Council gave the Pledge of Allegiance. i The Clerk gave the Oath of Office to Roland D. Lynn, City Manager and i to C. R. Baldwin, City Attorney. ROLL CALL: Members present - Robert Bielefeld, James Doyle *, Tru McGrady, Robert Norene, H. J. Steiner and Mayor C. E. Johnson. * In late. Members absent - A. L. Hudson AGENDA APPROVAL The following items were added to the Agenda without objection: j F - 4 - Report on Forest Drive variance i G - 10 - Compensation - New Mayor B: PUBLIC HEARINGS i i None. C: PERSONS PRESENT SCHEDULED TO BE HEARD: Mrs. VI Sullivan replaced Carol Sullivan on the Agenda. Mrs. Sullivan stated she was before Council last November requesting a third taxi permit. She is here again to request a third taxi permit. Mrs. Sullivan gave the Mayor excerpts from the Council Minutes, which he read aloud. I� I Councilman Bielefeld asked how many taxi permits are in operation. Mr. Deering from Ace Cab stated he is using one, another will be repaired in 10 to 12 days and the third car will be on the road 15 days after that. The Public Hearing was closed. The City Manager and City Attorney ' were directed to make a recommendation and report back to Council at the next meeting. C - 2: Bill Quandt - W&S Not present. MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 7, 1974 Page two C - 3: Frenchy Cresswell Mr. Cresswell stated there is no water & sewer to their property. They paid the City of Kenai a sum of money in good faith. The lines were put In to the Kenai Volunteer Fire Dept. to reduce the fire rate. Mr. Lynn stated the water and sewer is one street down. They felt the i necessity to set up the improvement district covering the back portion of the property. They could tie Into the existing main on the back portion by cutting the pavement and repairing it. Mr. Cresswell stated It would cost $5, 000. His wife gave the City 35' of property for W & S. If they go the long way it would cost another $1, 500. I ' Mayor Johnson felt the City Manager and the City Attorney should do some research on this; where the assessment was and what the assessment was for and report back to the next meeting. D: MINUTES The Minutes of the Regular Meeting of July 17, 1974, were approved as distributed. E: CORRESPONDENCE None. F: OLD BUSINESS I I F - 1: Peninsula Oilers Baseball ' Chairman Norene stated the Committee did meet and came up with priorities. The first priority is the baseball diamond on the F.A.A. ground across from t the fire training area. Mr. Lynn spoke with Mr. Wilcox of F.A.A. and they need a proposed use permit justifying how this ties into aviation purposes, perhaps a tourist attractionor fly-irr events. There will be another committee ' meeting at 10: 00 A.M. on Saturday. i ` 4 F - 2: Resolution 74-31 - Intrafund Transfer - $4, 200 * Doyle Irr now. i McCrady moved and Steiner seconded to adopt Resolution, 74-31 - transferring 'I $4, 200 from General Fund "Contingency" account to Water/Sewer Fund Services Dept. "Repair 6 Maintenance" account. The motion, carried unanimously by roll ca I I vote. The purpose of this Resolution is to pay for the raising of two manholes and adjusting two valves orn the Beaver Loop Road. • Ff - I'll _ • - MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 7, 1974 page three --, F - 3: Boat Ramp Access Road The City Manager stated the work on the road was halted due to lack of funds. He checked with the Inlet Co. and with the Coyle's. The Inlet Company would give no easement as the traffic would create a hardship. If we get an easement thru Coyle's gravel pit, they want a deed to some tidelands. If we proceed with the existing road, Coyle's will give us title to land providing they receive no assessment. The engineers estimates It will cost $21, 200 to complete. He stated there is money available through the local service roads and trails fund if Council would, by Resolution, change the road priorities and place the access road and priority #1. Councilman Bielefeld felt the money should be used to benefit the greater amount of people. Councilman Steiner asked to define what we meant by force account; charge time and equipment or out of pocket expense. Councilman McCrady stated It was Council's intention to be cash out of the pocket. He stated we need a survey of the road. Mr. Lynn stated the survey was prepared by Mr. Gal I sett. Norerre moved and McCrady seconded the boat access road be approved as priority #1 in the Street Dept. and direct the City Manager to procure funding and engineering for it. Mr. Chen stated he can account for it by out of pocket expense and by time and equipment etc. to get the complete picture. The motion failed by roll call vote with Bielefeld, Doyle, Steiner and Johnson `�. dissenting. Steiner moved and Norene seconded the boat ramp road be continued using force account, only on direct money used and none of the regular duties delayed for this project. The motion carried unanimously by roll call vote. Councilman McCrady asked how much remains on the road using only out of pocket expenses. Mr. Chen stated there is $21,000 left. Councilman Norene asked if we don't use roads and trails money, can we be re-imbursed by other means. Mr. Lynn stated if we use local roads and trails funds the road would be 100% funded. Mr. Chen stated we have to apply for the project and show Intent. Norene moved and McCrady seconded to adopt Resolution 74-34 - Revising the Local Service Roads and Trail Program to include the Boat Harbor Access Road, changing Paragraph 3 to read $23,000 instead of $40,000. The motion carried by roll call vote with Bielefeld dissenting. �s t' - 1 a MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 7, 1974 Page four F - 4: Report on Forest Drive Variance Councilman Steiner stated a business was reported open on Forest Drive at the last meeting and action should be taken. Councilman McCrady stated action was taken by Council to prohibit further trailers in certain areas. There has been questions by the Borough that we have no authority, not as a planning ordinance. Mr. Baldwin stated he was asked if we could regulate as a building ordinance. He stated it does not read like a building ordinance. We have delegated enforcement powers to the Borough. We could establish fire zones. Councilman Doyle stated the use of the garage was given on a use permit. There were no grandfather rights. The City Attorney stated he would have a full report for the next meeting. G: NEW BUSINESS G - 1: Bills to be paid - bills to be ratified Mr. Chen stated these are routine bills except for the $10,000 for deposit - to the Court for condemnation action. Norene moved and McCrady seconded to approve payment of bills and ratify payment of bills as listed on the memo of August 7, 1974. The motion carried unanimously by roil call vote with Johnson abstaining from voting on the bill to Kenai Chrysler. C - 2: Resolution 74-32 - Bank signators Doyle moved and Steiner seconded to adopt Resolution 74-32 - Bank signators. Councilman McCrady asked if we have proof of bonding? Mr. Chen stated there is bonding from July 1st on, no matter who is the City Manager or Finance Director. The motion carried unanimously by roll call vote. G - 3: Request for payment - Burgess Construction Co. - $3, 360.00 Mr. Lynn stated this is for the lifting of the manholes. He recommends 2111 o withheld until the paving is completed. 0-4 McCrady moved and Doyle seconded ao authorize payment of $3, 360 to Burgess Construction for the lifting of the manholes. The motion carried unanimously by roll call vote. MINUTES, KENAI CITY COUNCIL MFETING, AUGUST 7, 1974 Page five G - 4: Resolution 74-33 - Amending Personnel Manual Mr. Lynn stated that in a small community there Is a problem enlisting help. The resolution would delete the paragraph that husband and wife could not work for the City and add a new paragraph that would permit a husband and wife work for the City but not in the same depart- ment. He further stated the City Manager's secretary has resigned and the City Attorney needs an experienced legal secretary. Three people have applied and the third lady is better qualified but her husband is working for the City in another department. Norene moved and Steiner seconded to adopt Resolution 74-33 - Revising the personnel manual. Councilman. Bielefeld felt it was more necessary in a small community than a large one to have this provision. It could create a problem later on. Doyle moved and McGrady seconded to table the motion. The motion failed with Bielefeld, Norene, Steiner and Johnson dissenting. The main motion tied and thereby failed. Voting yes; Norene, Steiner and Johnson. Voting no; Bielefeld, Doyle and McGrady. The Mayor called for a five minutes recess and reconvened the meeting at 9: 40 P.M. Doyle moved and Bielefeld seconded for reconsideration at the next regular meeting. G - 5: Resolution 74-34 - Revising Local Service Roads E Trail Program Heard under Agenda Item F - 3. G - 6: Resolution 74-35 - Establishing Regulations - Sand Pits Mr. Lynn stated there is a need for regulations on sand pits for contractors and City personnel, to be approved by Council. Councilman Doyle stated he objects to it as it is. He feels the City should charge for the sand but the City shouldn't be involved as far as men or equipment and felt Paragraph 4 should be eliminated the Council determine the price. Councilman Bielefeld felt it should be eliminated altogether and not sell sand to contractors, and not compete with private enterprize. L - 4� MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 7, 1974 Page six G - 6 - continued Councilman McGrady felt if a contractor needed sand for a City contract they should be able to buy it but use their own equipment. Councilman Bielefeld asked if the City charges for sand if used on lease land. He felt this should be a decision of Council. Councilman Doyle asked how it was done in the other cities and felt the Administration should check with other cities to see what their policy is. Blelefled moved and Doyle seconded to qo on with the next item of business. G - 7: Ordinance 247-74 - Electing Assemblymen within 1st class cities Bielefeld moved and Doyle seconded for introduction of Ordinance 247-74 - Providing for the election of Brough Assembly Respresentatives directly by the electorate of the City of Kenai, inserting in the 4th "Whereas" 1 Borough assemblyman to be appointed from the Kenai City Councl and 2 Borough assemblymen elected from the City of Kenai, and in Section 1-45 fill in the blanks . . . . 1 Appointed Representative for a term of 1 year, and there shall be 2 Elected Representatives who shall serve Initial terms as follows: The candidate for Elected Representative receiving the greatest number of votes shall serve for a term of 3 years. The candidate for Elected Representatalves receiving the second greatest number of votes shall serve for a term of 2 years. Thereafter the Appointed Representative shall serve for a term of 1 year and the Elected Representatives shall serve for terms of i years. The City Attorney pointed out that any term less than 3 years is in conflict with the Borough Ordinance. Mayor Johnson felt the Borough Ordinance is hurting the cities and should be changed. The City Attorney was requested to draw up an amendment to the Borough Ordinance. The motion carried unanimously by roil call vote. G - 8: Paving of 17 St. from Spur Road to A. St. to 9th St. and Airoort Mr. Lynn stated he had a request from the Borough Mayor to have the roads around the Junior High and High School paved. They have paved the roads into and the parking lots at both schools. There are ten or twelve parcels owned by private Individuals. The rough estimate from the Borough would be $7. SO per lineal foot for 4,981 feet. Of this 1,932 ft. Is private property and the rest is Borough, State and City property. The total cost is $37.3S7, Private property - $7, 245, City property - $7, SOO, State property - $5, 000 and Borough property - $17, 000. MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 7, 1974 Page seven G - S - continued After some discussion, Bielefeld moved and Norene seconded to adopt Resolution 74-37. The motion carried by roll call vote with McCrady dissenting and Johnson abstaining from the portion involving Rogers Road. G - 9: New Census Cost - Resolution 74-36 Mr. Lynn stated the population has been increasing. The City gets $200 per person in shared revenue and our shared revenue could increase. After some discussion, it was recommended this be held off until next summer. G - 10: Compensation for New Mayor Mayor Johnson stated he is not running for Mayor. He feels it is important the Mayor gets some type of re-embursement. The amount should be set prior to the election. The Council asked for an Ordinance to be presented at the next Council Meeting. H: REPORTS H - 1: City Manager's Report (a) Answers to questions raised at 7/34 - Work Session Mr. Lynn stated some of the questions are answered on the Work Project sheet. As he goes along he will add and delete projects. (b) Weil No. 2 Project Mr. Lynn spoke with the Engineer and he is nearly ready to go to bid. The City will buy easements where the line crosses private property. At one location the line will be moved over 40' on State land. (c) Kaknu E Davidson -Cone Projects Mr. Lynn reported the City is at an impasse with the contractor on Kaknu Korners Project. The City will notify the bonding company the system is not meeting the specifications. Specs will be drawn up for bid on 7 sewer hook-ups and repair of sewer main break at Davidson/Cone S/D. MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 7, 1974 Page eight H - 1 - City Manager's Report -- continued (d ) H-2: H-3: H-4: I' �- j H - 5: �j H - 6: I Request Aqenda cut-off on Monday P,M, instead of Frida Mr. Lynn requested the Agenda cut-off date be changed from Friday to Monday P.M. The Mayor stated the Charter calls for 24 hours to there would be no problem. City Attorney's Report Mr. Baldwin reported the lawsuit on condemnation has been filed. The appraisal came in at $10, 000, The lay of the land and Federal regulations had an effect on the appraisal, He further reported nothing can be done on the Davis Industrial Warranty until it goes to court. Mr. Baldwin stated the City could negotiate to purchase an easement to our gravel pit or go through condemnation procedures. The City Attorney has revised the Airport Lease. He went over the lease with Council. Attention was brought to Paragraph 10 - Rent Escalation. The City Attorney will revise this paragraph. Mayor's Report No report. City Clerk's Report No report. Finance Director's Report Mr. Chen presented Council with the Annual Financial Report and went over the report with them. The City has come from a deficit of $1, 495, 390 a year ago to a deficit of $60, 768. This is a reduction of $1, 434, 622. He listed factors making the "return" possible. He also listed work to be done and his recommendations, one of which is to Inform the public about the Improvements of City's operation. It was the consensus of the Council that this should be done and also inform the Anchorage Daily News. Mr. Chen was asked how the audit was coming along and if we are within the budget on the audit. Mr. Chen stated it should be finished within the 90 day period and should be no overrun. Planning E Zoning's Report No report. MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 7, 1974 Page nine H - 7: Borough Assemblymen's Report Assemblyman McCrady reported on the Assembly Meeting of August 6, 1974. An Ordinance was passed on advance refunding of 1963 bonds. Ordinance 74-32 - making a supplemental appropriation to the debt service fund in the amount of $9, 000 was introduced. Ordinance 74-43 - transfering money from Capital Projects fund to Planning In the amount of $147,000 for solid waste was introduced. An Ordinance rezoning Radar S/D from residential to light industrial was Introduced. Resolution 74-43 - certifying the results of the special election was passed and election judges were appointed for the up -coming election. A Resolution attempting to bus students from the Russian Willage to Anchor Point, failed. I; PERSONS PRESENT NOT SCHEDULED TO BE HEARD: Hal Doss Mr. Doss stated he has been refused a permanent chauffeur's license and appealed to Council to approve issuing him a license. Steiner moved and Norene seconded Mr. Doss be issued a permanent chauffeur's license based on the concurrence of the Police Chief. The motion carried by roll call vote with Doyle dissenting. Councilman Norene asked for an excused absence for the August 21st meeting. MEETING ADJOURNED 11: 55 P.M. Respectfully submitted, Sharon Loosll, City Clerk