HomeMy WebLinkAbout1974-08-07 Council Minutes0
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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
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6.
7.
0:
NEW BUSINESS
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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.
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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.
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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:
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j H - 5:
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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