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Home My WebLink About1973-08-15 Council Minutest"1 A G 1: N 11 A REGULAR MEETING, KENA1 CITY COUNCIL AUGUST 15, 1973, 8:00 P.M. KENAI LIBRARY PAGE PLEDGE OF ALLEGIANCE A: ROLL CALL B: PUBLIC HEARINGS B - 1: Ordinance 224-73 - Amending Taxicab Ordinance 1 B - 2: Necessity for Special I-aprovement District 73-S2 2-3 $6 C: PERSONS PRESENT SCHEDULED TO BE HEARD: 1. Bill Stewart - Small Boat Harbor 3 2. Leo Oborts - City Development 4 3• Budget and Audit Committee 4 4. S. D: MINUTES 1. Regular Meeting, August 1, 1973 6 E: CORRESPONDENCE 1. 2. 3. F: OLD BUSINESS 1. Lease of Airport Terminal Space 6 2. Lease renewal - Hertz Corp. 6 3. Civic Center 6 4. Mommson S/D 7 S. 6 x 6 Fire Truck Surplus 7 6. Requost to convey school properties from City to Borough TABLED 7. Biro City Manager S 8. Lenge 111doa to Peninsula Community Care Center DEFERRED 9. PEP Program 7 10. Beaver Creek Well No. 2 8 11. 12. G: NEW BUSINESS 4 1. Boat Launching Ramp 8 2. Request for payment Aspeotis Construction 3. Projected workload Assessments Districts 8 4. Fort Kenay continue work 8 S. Approval Use Permit - Ace Cab 9 6. Airport Security 9 7. Lease of Lot 1, Block 2, Small Aircraft Apron 9 8. Request Administrative Assistance 9 9. Resolution 73-31 - Sanitary Landfill 9 10. Select Polling Place f0 li. Bills to be paid 30 12. Change Order 02-WPC-AK-35-Mommsen S/D Drainage 10 13. Ordinance 231-73 - Trafic violation DEFERRED Ordinance 232-73 - Election for or against Mayor/Council form S 1514. .4 16. H: REPORTS 1. City Manager's Report a. b. c. ' d. , 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report 5. Finance Directors Report , 6. Planning $ Zoning's 7. Borough Assemblymen's Report I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: r A 0 MINUTES KENAI CITY COUNCIL REGULAR MEETING AUGUST 15, 1973 5:00 P.M. KENAI LIBRARY The Council gave the Pledge of Allegiance. ROLL CALL: Members present - James Doyle, James Hornaday, C.E. Johnson, Tru McCrady, H. J. Steiner and Mayor John Steinbeck. Members absent - Robert Norene. B: PUBLIC HEARINGS B - 1: Ordinance 224-73 - Amending Taxicab Ordinance Doyle moved and Steiner seconded to adopt Ordinance 224-73 - Amending Taxicab Ordinance. Mayor Steinbeck recessed the meeting and opened it for a public hearing. Mr. Doss stated he drafted an amendment that Council might consider, that under Section 20-3 (a) (4) add "unless otherwise waived or approved by the City Council of the City of Kenai." The City Attorney stated his amendment to Ordinance 224-73 states "no conviction of a felony for 10 years previous to application, unless after hearing the Council shall decide circumstances have changed with respect to particular applicant so a license may be issued." and under (1) "deter- mination that the applicant's driving record indicates a fitness to hold a chauffeur's license." There being no further public participation, the public hearing was closed and Ordinance 224-73 was brought back to Council table. Steiner moved and Doyle seconded to amend Ordinance 224-73 as drafted by the City Attorney. The motion carried by roll call vote with Hornaday and McCrady dissenting. The main motion, as amended, carried by roll call vote. Voting yes; Doyle, Johnson, McCrady, Steiner and Steinbeck. Voting no; Hornaday. MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page two B - 2: Necessity for Special Improvement District 73-S2 Mr. Jaynes read the survey report - Proposed Sewer Improvement District 73-S2. Councilman Hornaday asked if the Resolution was prepared by the City Attorney. Mr. Jaynes stated it was checked by Mr. Fisher. Mr. Fisher stated that any action the Council may take, there is a blank to be filled in Section 5. Mr. Jaynes stated Administration recommends 100%. The Mayor recessed the meeting and opened it for a public hearing on the necessity for Special Improvement District 73-S2. Mr. Borgen asked if there would be a vote tonight. Mr. Jaynes stated this hearing is for establishing the necessity for the improvement district. • There will be a public hearing on the preliminary roll and one on the final assessement roll. ` Mrs. Hester stated she was never notified that the improvements were going to be put in. Mr. Thornton stated he wasn't consulted and is opposed to the situation. Gary Hinkle read a letter of protest from his father. It stated the assessed cost of sewer and water, from the information received, is above the 25% ' 1 limitation. —, Mr. Jaynes stated that according to Kenai Code and State law, the assess- ment cannot be above 25% of fair market value, after giving the value of the Improvement. Mrs. Hester stated she protests the forming of a district as it Is not in accordance with the Charter, Article 7, Section 7-3 on page 21-12. There being no further public participation, the public hearing was closed. ' Councilman Hornaday asked the City Attorney if the Charter has been violated. - Mr. Fisher stated the Charter has not been violated. There are two procedures for establishing an improvement district. One is by petition method. The City has received some petitions from this area, however, 6 (04 .MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page three B-2 - Necessity for Special Improvement District 73-S2 - continued these petitions do not conform to the petition method. The other method is by resolution and this is the method the Council is using. Councilman Hornaday stated this improvement was voted on in the bond issues. The Charter has been followed. The survey and report has been given, the notices published and notices sent out to all property owners. The construction was approved by Council. There has not been any written objections until this evening. Hornaday moved and Doyle seconded to adopt Resolution 73-29 - finding the necessity for Special Improvement District 73-S2. McCrady moved and Doyle seconded to table Resolution 73-29 until the next Council Meeting for further information. The motion carried by roll call vote with Hornaday abstaining. The Mayor declared a ten minute recess and reconvened the meeting at approximately 10:00 P.M. McCrady moved and Hornaday seconded to remove Resolution 73-29 - from the table. The motion carried by roll call vote with Doyle and Steinbeck dissenting. After some discussion, there were no objections to going on with the Agenda while the City Attorney reviews Robert's Rules of Order. C: PERSONS PRESENT SCHEDULED TO BE HEARD: C - 1: Bill Stewart - Small Boat Harbor Mr. Stewart asked if Council was involved in the Construction of the Small Boat Harbor and was told there was no city funds expended. Mr. Stewart then asked if there was any plans for public access to the boat ramp. Mr. Jaynes stated Administration is negotiating with Mr. Coyle for an access. The Inlet Company is going to fence in their area. Councilman Hornaday requested this be put on the next agenda. There was no objection to hearing Agenda item G - 1 - Boat Launching Ramp at this time. 1 MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page four ' G - 1: Boat Launching Ramp Mr. Jaynes read the memo to Council conerning the Boat Launching Ramp. Mr. Jaynes recommends 1) complete negotiations with Mr. Coyle 2) construct an access road to the property 3) haul sufficient fill materials for adequate operational space and 4) after the pil ings and floats are removed for winter, accomplish a small gravel fill in the grid area to prevent this area from filling with clay and mud over the winter. Councilman Doyle requested Administration to proceed with the four recom- mendations. There was no objections and was so ordered. Councilman McCrady suggested Mr. Stewart be appointed as Chairman of the Mayor's Committee on Boat Launching Ramp. Councilman Steiner suggested Mr. V . W . Rogers as a committee member. There were no objections and was t so ordered. B - 2: Leo Oberts - City Development Mr. Oberts stated there will be two Councilmen seats open and feels that people who have done some protesting should file for a seat. He stated the petitions are available now. i He further stated he feels Administration should get some temporary help. He feels Mr. Jaynes Is doing a great job, but the work load is too great for one person. Mr. Oberts feels the City is on the verge of slot of development and need more personnel to keep from lagging behind, feeling it would cost more to re -construct. In regard to the water line, he stated, this has cut fire insurance rates 40% to 60% for people within 1, 000 feet of the line. B - 3: Budget & Audit Committee Mr. Stetler reported the Budget & Audit Committee has recommended to the City Council that the City needs a manager. The Committee can't urge strong ` enough for them to hire a manager. He stated what is the legal problem, either t you have the right to fire employees or you don't. There were no objection to hear Agenda Items F - 7 - Hire City Manager and - --- --- G - 14 - Ordinance 232-73 - Election for or against Mayor/Council form of government. i. I i i! 1 ` j( tI I (I 3 MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page five F - 7: Hire City Manager i The memo from the City Attorney was read. He had two recommendations. 1) request resignation of the City Manager and 2) Initiate an action for the termination under Charter Section 3-1 if the resignation is not offered. Councilman Johnson stated Council directed Administration, some time ago, to write asking for his resignation. He asked If this letter had been sent. Mr. Jaynes stated it was sent and there has been no answer. Johnson moved and Doyle seconded to initiate immediate, appropriate termination action and a letter be sent to Mr. Giotfelty listing causes for removal. Councilman Hornaday stated Council should add another cause to the list, the cost to the City because of the investigation. Councilman Steiner stated it has been more than 30 days since the first letter was sent, so we can now advertise for a City Manager. The motion carried unanimously by roll call vote. G - 14: Ordinance 232-73 - Election for or against Mayor/Council form_ of government After discussion, both pro and con, Representative Malone explained the difference between Mayor/Coucnil and Manager/Council form of government. He felt there was good reason for delaying this until after the election for ' two new Councilmen. i Hornaday moved and Johnson seconded to declare Ordinance 232-73 an emergency ordinance. The motion failed by roll call vote. Voting yes; ` Hornaday, Johnson and Steinbeck. Voting no; Doyle, McGrady and Steiner. Hornaday moved for the introduction of Ordinance 232-73. The motion died for a lack of a second. Hornaday moved and Steiner seconded to direct the Administration to immediately advertize for a City Manager. Unanimous consent was asked and granted. . t I I, ' MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page six f � B - 2: Necessity for Special Improvement District 73-S2 Mr. Fisher stated that under the Kenai Code, Section 1-13 (1) that any previous vote may be rescinded by vote of Council at any time, provided the subject matter has not passed out of the control of Counci I. The Mayor was asked the ruling, if the motion to take off the table was a motion to rescind. Mayor Steinbeck declared it was. The motion to adopt Resolution 73-29 carried by roll call vote with Doyle and Steinbeck dissenting. D: MINUTES The Minutes of the Regular Meeting of August 1, 1973, were approved as f< corrected. On page 8, F - 3, second paragraph should read "Mommsen" instead of "Bush Lanes" . E: CORRESPONDENCE None. i" F: OLD BUSINESS F - 1: Lease of Airport Terminal Space F - 2: Lease renewal - Hertz Corp. Mr. Jaynes stated there was an error on one of the two leases in the Airport Terminal building. He gave Council a copy of the Resolution establishing the rates. Both leases should reflect the .584 per sq. ft. lease rate. Steiner moved and Johnson seconded to approve the leases as corrected. one to Falcon Aviation and one to Hertz Corp. The motion carried unanimously by roll call vote. i F - 3: Civic Center Mr. Jaynes stated the document for revenues of the Capital Improvement is meaningless without the expenditures. He further reported Mr. Engen has confirmed a $45,000 grant from the library board. i I rf r r f f 1 7 i 1 r �i �3 1 10 MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page seven F - 4: Mommsen S/D Mr. Jaynes reported Mommsen is in the near process of having water. Mr. Kjelstad stated the contractor is in the process of testing the lines to Mommsen. They should have water sometime next week. F - 5: 6 x 6 Fire Truck Surplus Administration recommends the transfer of this truck to the Anchor Point Volunteer Fire Department. Councilman Doyle feels the City should keep this truck for antique purposes. The repair of the truck is far too expensive. The parts are not available and must be hand made. We would be doing them a dis-service. Hornaday moved and Steiner seconded for Council to direct Councilmen Doyle and McCrady to draft a letter to the Anchor Point Volunteer Fire Department explaining why. The motion carried by roll call vote with McCrady abstaining. F - 6: Request to convey school properties from City to Borough Administration recommends transferring the land. This was tabled until this meeting. Johnson moved and Steiner seconded to table this indefinitely. Unanimous consent was asked and granted. F - 7: Hire City Mann -or Heard after Agenda item B - 3. F - 8: Lease Bidas to Peninsula Community Care Center Deferred until legal counsel is present. F - 9: P.E.P. Program Mr. Jaynes stated the matter is under consideration and will be the first order of business for the new Finance Director. There was no objection to having Administration write Mrs. McSmith to that effect. L - I MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page eight F - 10: Beaver Creek Well No. 2 Mr. Jaynes read the memo to Council regarding the Beaver Creek Valley Well No. 2. He recommends Council accomplish the three steps as outlined In the memo and advertize for bidders. Councilman Steiner asked if the City has parts for the pump if it goes out. He was told there were no spare parts. He would suggest that rather than a new well, to warehouse spare parts. After some discussion, Administration was directed to make a report for the next meeting, on costs of a new pump and costs of a repair kit. G: NEW BUSINESS G - 1: Boat Launching Ramp Heard after Agenda item C - 1. G - 2: Request for payment Aspeotis Construction Hornaday moved and Steiner seconded to approve payment #1 - Project No. 73-W1 to Aspeotis Construction in the amount of $60,221.12. The motion carried unanimously by roll call vote. G - 3: Projected workload Assessment Districts Mr. Jaynes outlined the workload for the completion of improvement district assessments. He is asking Council to continue the secretary on staff to the completion of assessment districts. Councilman Steiner asked how this will be financed and was told from the Capital Improvement Projects. Hornaday moved and Johnson seconded to accept Administration's recommend- ation and keep the secretary on staff until March, 1974. The motion carried unanimously by roll call vote. G - 4: Fort Kenay - Continue work Mr. Kjelstad outlined the work that has been accomplished. They are trying to get the fence up before winter. Councilman Hornaday stated we should keep going with the project. MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page nine G - 5: Approval - Use Permit - Ace Cab Councilman Steiner asked how long were the cab companies given to paint their cabs. Mr. Jaynes stated they were given 30 days and it is nearly up. Doyle moved and Hornaday seconded to approve the lease pending the rest of the Ordinance is met. Unanimous consent was asked and granted. G - 6: Airport Security Mr. Jaynes outlined in a memo to Council the measures required to alleviate security problems at the airport. After some discussion, Steiner moved and McCrady seconded to direct the City Administration to initiate the security measures as required. Unanimous consent was asked and granted. G - 7: Lease of Lot 1, Block 2, Small Aircraft Apron Mr. Jaynes stated the Kenaitze Indians are negotiating to buy Andy's Flying Service and need additional space. The Planning Commission recommends not signing a lease until the negotiations are over, but to issue a special use permit, not to exceed 1 year, renewable on a monthly basis. The rental would be $1,000 per year plus $100 in lieu of property tax. Hornaday moved and Steiner seconded to approve the special use permit as outlined by Mr. Jaynes. Unanimous consent was asked and granted. G - 8: Request Administrative Assistance Mr. Jaynes read the memo to Council requesting Administrative assistance. Councilman Steiner asked the dollar value and Mr. Jaynes stated approx- imately $1, 000 per month, not to exceed $2, 000 w/o fringe. He proposes to hire Mr. Elson. C - 9: Hornaday moved and Johnson seconded to accept Administration's recom- mendation, not to exceed $1,000 per month. The motion carried unanimously by roll call vote. Resolution 73-31 - Sanitary Landfill Mr. Jaynes stated the Borough has the power to operate landfills throughout the Borough. Mr. Jaynes spoke with Sam Best and he stated if the City wanted to turn their landfill operation over to the Borough, it would require an ordinance. If the Borough takes over they would contract with the City to run it for the remainder of the year. Administration was directed to prepare an Ordinance to that effect, with an emergency clause. MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page ten G - 10: Select Polling Place The Clerk was contacted by the Borough for the selection of a polling place. The Armory was suggested. Hornaday moved and Steiner seconded to designate the Armory as the polling place -for the Kenai Precincts. Unanimous consent was asked and granted. G - 11: Bills to be paid Johnson moved and Doyle seconded to ratify the three bills and approve payment of the bills listed on the memo dated August 15, 1973. The motion carried unanimously by roil call vote. G - 12: Change Order #2 - WPC-AK-35 - Mommsen S/D Drainage Mr. Jaynes reported the change order would connect two storm drains together with the necessary pipe to run drain water into the existing outfail. Administration recommends approval. Councilman Steiner asked if this is part of the assessment district. Mr. Kjelstad stated it is part of the entire project. After some discussion, Doyle moved and McGrady seconded to table and ask for bid prices. The motion failed by roll call vote with Hornaday, Johnson, McGrady, Steiner and Steinbeck dissenting. McCrady moved and Steiner seconded to suspend the rules so the public can participate. Unanimous consent was asked and granted. Mr. Kjelstad stated if this is put out to bid, it has to be okayed by the E.P.A. After further discussion, Steiner moved and Hornaday seconded to initiate Change Order #2 - WPC-AK-35. The motion carried by roll call vote with Doyle and McGrady dissenting. Hornaday asked for reconsideration. After further discussion concerning the time element, the motion carried unanimously by roll call vote. L - - MINUTES, KENAI CITY COUNCIL MEETING, AUGUST 15, 1973 Page eleven G - 13: Ordinance 231-73 - Traffic Violation Hornaday moved and McGrady seconded to table Ordinance 231-73 until the next meeting. Unanimous consent was asked and granted. G - 14: Ordinance 232-73 - Election for or against Mayor/Council form of government Heard after B - 3. Doyle moved and Johnson seconded to adjourn. There was no objection and was so ordered. MEETING ADJOURNED 1:05 A.M. Respectfully submitted, Sharon S . Loosl I, City Clerk l r l I THINGS TO DO LIST - 8/15/73 F- 5: Letter to Anchor Point Volunteer Fire Dept. (Doyle and McGrady) F - 9: Letter to Mrs. McSmith F - 10: Report on costs for new well pump and repair kit for old pump G - 9: Prepare Ordinance - Sanitary Landfill I G - 14: Advertize for City Manager r i I _Y