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HomeMy WebLinkAbout1991-01-16 Council Minutes1 • -0, is KBNAI CITY AGENDA COUNCIL - REGULAR NESTING JANUARY 16, 1991 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Be SCHEDOLED IMMIC CO err (10 Minutes) C. P=LIC BEARINQ0 1. Ordinance No, 1410-91 - Increasing Estimated Revenues and Appropriations by $212,655 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. 2. ordinance No. 1411-91 - Amending KMC 22.05.045(a)(2) entitled, "Terms for Financing Sale of City Lands." 3. Ordinance No. 1412-91 - Increasing Estimated Revenues and Appropriations by $426,250 in a New Capital Project Fund Entitled, "Trading Say and Granite Point Improvements." �• • ,.t. • • ,.t.. • 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7• Miscellaneous Commissions and Committees -1- • a. NUMES 1. *Regular Meeting of January 2, 1991. O. OLD 8001MRSO 1. Motion - Set Attorney's Salary and Effective Date of Pay. 8. BtT8I1�iEs8 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1413-91 -•Increasing Estimated Revenues and Appropriations by $1,025,000 for Construction and Land Acquisition for a New Capital Project Fund Entitled, "Marathon Road 1991 Street and Utility Improvements." 4. *Ordinance No. 1414-91 - Finding that Certain Foreclosed Properties Are Not Needed for Public Purpose and May be Sold. a. Additional Information. 5. *Ordinance No. 1415-91 - Amending the Official City of Kenai Zoning Map for Certain Lands Adjacent to Marathon Road, Within Sections 32 and 33, T6N, R11W, S.M., Alaska. 6. *Ordinance No. 1416-91 - Increasing Estimated Revenues and Appropriations by $147,000 In A New Capital Project Fund for Road, Water, and Sewer Improvements to FAA Road. 7. •dames of Chance and Contests of skill Permit Application - Kenai Child Development Center. S. *Dames of Chance and Contests of skill Permit Application - American Association of Retired Persons. 9. Approval - Assumption of Lease/Lots 5 and 6. Block 3, Cook Inlet Industrial Air Park Subdivision (Trading Bay Professional Building) - University Savings Bank. -2- 10. Approval - Application for Lease/ Lot 2, Gusty Subdivision No. 8 w James C. Bookey III and Phyllis J. Bookey, 11. Approval - Return of Property/Tract C-1, Denaa'ina Point Estates - Kenneth Knoblock, d/b/a Peninsula Investment Group, 12. Approval - Engineering Design Contract, Trading Bay/Granite Point Project - $6,415.00. 13. Disoussion - Mobile Homes 7, V I. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager ( * is DISCDeB=oN 1. Citizens 2. Council e 0 -3- XZnI CITY CO=CSL MEETING JAWARY 16, 1991 VICE MAYOR RAYMOND NZhBLEB, PRESIDING T= At MALE T` 0 ORDffit Vice Mayor Measles called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Fall Building. Vice Mayor Measles led those assembled in the Pledge of Allegiance and a moment of silence in remembrance of Barry and Eleanor Thomson, whose daughter passed away on Tuesday and the action in the Middle East. A -a. ROLL CALL Roll was taken by the City Clerk. Present were: Walker, Swarner, Monfor, Measles, McComsey, and Smalley. Absent was Williams. A-S. AMR= APPROVAL Vice Mayor Measles requested the following changes to the agenda: ADD: `8-2, Purobase Orders Over Sij000 - A Purchase Order to Alaska Pump & Supply in the amount of $1,587.34 H-13, Mobile Homes Disoossion - 11/16/90 C.Graves memorandum to Council regarding the mobile home ordinance, I-5, Finance Director•® Report - 1/14/91 C.A. Brown letter to James W. Skogstad, President of the Kenai Peninsula Borough Assembly regarding KPB ordinance 91- i. There were no further changes to the Agenda. There were no objections. Vice Mayor Measles ordered that the Agenda STOOD APPROVED AS AMENDED. There were no changes to the Consent Agenda. Vice Mayor Measles ordered the Consent Agenda STOOD APPROVLD AS BOBMITTBD. fKENAI CITY COUNCIL MEETING JANUARY 16, 1991 PAGE 2 There was no public comment. ICE. PUBLIC HEARINaB Ordinance No. 1410-91 - Increasing Estimated Revenues and Appropriations by $212,655 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. MOTIONS Councilwoman Monfor MOVED for adoption of Ordinance No. 1410-91 and Councilman Smalley SECONDED the motion. There was no public or Council comment. VOTE: Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Absent MOTION PASSED UNANIMOUSLY. C-a. Ordinance No. 1411-91 - Amending KMC 22.05.045(a)(2) entitled, "Terms for Financing Sale of City Lands." MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1411-91 and Councilwoman Monfor SECONDED the motion. There was no public or Council comment. VOTR S Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes Mccomsey: Yes Smalley: Yes Williams: Absent 0 NOTION 8A888D Ul1ANIK008LY. KENAI CITY COUNCIL MEETING JANUARY 16, 1991 PAGE 3 C-3• Ordinance No. 1412-91 - Increasing Estimated Revenues and Appropriations by $426,250 in a New Capital Project Fund Entitled, "Trading Bay and Granite Point Improvements.,, NOTIONS Councilwoman Swarner MOVED for adoption of Ordinance No. 1412-91 and Councilwoman Monfor SECONDED the motion. There was no public or Council comment. VOTES Walker: No Swarner: Yeb Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Absent MOTION PABSED. ZMN..2 CO MINSION/C_ TTBS RM M D-le Council on Aging Councilwoman Swarner reported that the Council on Aging is meeting regularly. The Congregate Housing Design Committee will be meeting tomorrow afternoon at the Senior Center. The plans for the housing project are available for review in Public Works Director Kornelist office. D-2. Airport Commission Airport Manager Ernst reported tomorrow evening at 7:00 p.m. distributed to Council prior t D-3. Harbor Commission that the Commission will meet' An enplanement report was o the meeting. Councilman Walker reported that the minutes of the previous meeting were included in the packet. They will have a work session on January 21, 1991 to discuss -the Harbor Convention scheduled to take place in Kenai late in the summer. E • KENAI CITY COUNCIL MEETING JANUARY 16, 1991 PAGE 4 D-4. Library Commission Councilwoman Monfor reported that there was no meeting, therefore no report. D-5. parks & Recreation Commission It was reported that the minutes of the previous meeting were included in the packet. D-de Planning & ?coning commission Councilman Smalley reported that the minutes of the previous meeting were included in the packet. He stated that an Encroachment Permit was denied. Smalley added that the applicant was informed that the reason for the denial was because the Code does not allow for an encroachment permit. The applicant was encouraged to ask for a vacation of an easement. Councilman Smalley added that a Bed & Breakfast was approved and a Home Occupation permit was approved for sale of commercial fishing gear. The Commission continues to work on the Comprehensive Plan, Councilman Walker suggested that in order that an applicant does not pay for a public hearing only to find out that the Code does not allow the request, that Administration investigate the request and inform the applicant whether or not he is pursuing the proper channel, prior to payment of the fee. Also, the applicant should be encouraged to investigate what avenues they have in order to know exactly what they are wanting. City Manager Brighton stated that the applicant (Jay and Christy Schmelzenbach) will be reimbursed their public hearing fee. Vice Mayor Measles suggested that Jack check with the attorney to determine this type of requestfs validity when the application is made. It was also determined that the applicant may have to request a variance or vacation of right-of-way from the Borough first and then it may be returned to the P&Z Commission for approval later. Councilman Smalley stated that it was explained to the applicant that the utilities have to be contacted and if the utility rejects a request for a variance, etc., the P&Z usually rejects the request also. • RE41AI CITY COUNCIL MEBTIAiG JANCTARY 16, 1991 PAGE 5 D-7, Miscellaneous Commissions and Committees No reports. 8-1. Regular Meeting of January 2, 1991. Minutes were approved by Consent Agenda. There was no correspondence, I-TzK a a. OLD --Dumas 0-•1, Motion - Set Attorney's Salary and Effective Date of Pay. Councilman Smalley asked if it is appropriate to include an amount with the motion. He was informed that an amount was necessary. MOTIOHs Councilman Smalley M09LD that Mr. Graves' salary as City Attorney be set at $65,000 a year, and the effective date would be January i, 1991 and that he would also be eligible for all regular City employee benefits. Councilwoman Swarner BiCONDDD the motion.. There was no discussion by Council. VOTla Walker: No Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Absent MOTION PA88ED. 0 KENAI CITY COUNCIL MEETING JANUARY 16, 1991 PAGE 6 2-1. Hills to be Vaid, Sills to be Ratified NOTION$ Councilman MaComeey MOVED to pay the bills and Councilman Smalley BECONDED the motion. There was no discussion or objections. BO ORDERED. N-39 Purchase orders Exceeding $10000 MOTION: Councilwoman Monfor MOVED to pay the Purchase Orders Exceeding $1,000 with the inclusion of the purchase order to Alaska Pump of and Supply in the amount of $1,587.34. .Councilman Walker BECO11-ED the motion. Councilwoman Swarner asked if a lift station was not just repaired and how many times this must be done. Public Works Director Rornelis answered that he had two spare motors and they were used due to two motors needing repair. He now has no spare motor. VOTE$ There were no objections. Bo ORDERED. 8-34, Ordinance No. 1413-91 - Increasing Estimated Revenues and Appropriations by $1,025,000 for Construction and Land Acquisition for a New Capital Project Fund Entitled, "Marathon Road 1991 Street and Utility Improvements.', Approved by Consent Agenda. 8-4• ordinance No. 1414-91 - Finding that Certain Foreclosed Properties Are Not Needed for Public Purpose and May be Sold. a. Additional Information. 0 Approved by consent Agenda. - • KENAI CITY COUNCIL MEETING JANUARY 16, 1991 PAGE 7 8-5. Ordinance No. 1415-91 - Amending the official City of Kenai Zoning Map for Certain Lands Adjacent to Marathon Road, -Within Sections 32 and 331 T6N, R11W, S.M., Alaska. Approved by Consent Agenda. 8-40 ordinance No. 1416-91 - Increasing Estimated Revenues and Appropriations by $147,0000 InANewCapital Project Fund for Road, Water, and Sewimprovements AA Road. Approved by Consent Agenda. g-7. Games of Chance and Contests of Skill Permit Application - Kenai Child Development Center. Approved by Consent Agenda. R-0, games of Chance and Contests of Skill Permit Application - American Association of Retired Persons. Approved by Consent Agenda. $..9. Approval - Assumption ofLPark,Lots 5 and Subdivisfon61 Block (Trading38ay Cook Inlet Industrial Air Professional Building) - University Savings Bank. MOTIONS Councilman Smalley MOVED for approval of the Assumption .of Lease, Lots 5 and 6, Block 3, Cook Inlet industrial Air Park BE �1Subdivision to University Savings Bank. Councilwoman M r the motion. Attorney Graves explained that University Savings Bank foreclosed on the property. The court has confirmed the sale. Everything seems to be in order. The assumption is different in,that the lease allows a financial institutionto gankgassithe nslease the leaseut City approval. When University Savings g they are no longer involved with the lease. There were no objections to the motion. 80 ORDERED. • HENAI CITY JAN[TARY 16 ,, PAGE 8 COUNCIL MEETING 1991 8-10. Approval - Application for Lease/ Lot 2, Gusty Subdivision No. 8 - James C. Bookey III and Phyllis J. Bookey. MOTION8 Councilman Walker MOVED to approve the application of lease to Lot 2, Gusty Subdivision No. 8 to James C. Bookey III and Phyllis J. Bookey. Councilman Smalley 88CONDSD the motion. City Manager Brighton stated that a simultaneous approval of an easement could be completed at this time. Mr. Bookey is willing to give the easement. Mr. Bookey, who was in the audience, stated that the agreement is signed and the simultaneous approval is not necessary. 11 There were no objections to the motion. 00 ORDERED. Approval - Return of Property/Tract C- i, Dena fna Point Estates - Kenneth Knoblock, d/b/a Peninsula Investment Group. NOTIONS Councilwoman Monfor MOVED to take back Tract C-11 Denalina Point Estates and Councilman Walker SECONDED the motion. Councilwoman Monfor asked how many pieces of property have returned to the City. Administrative Aide Howard stated about six to eight pieces of property. Councilwoman Monfor asked if Council ever refused to accept any back. Ms. Howard stated that Council has accepted if the payments and taxes are current. These are current on this property. Councilman Walker stated that he understood that the partnership is dissolved and that it is probably better to take the property back now than later by foreclosing. Councilwoman Monfor requested UNANINOUS CONBENT. There were no objections. 8o ORDERED. Approval - Engineering Design Contract, Trading . Bay/Granite Point Project - $6,415.00. • • KENAI CITY COUNCIL MEETING JANUARY 16, 1991 PAGE 9 MOTIONs Councilman Smalley MOVED for approval of the award of an engineering design contract for the Trading Bay/Granite Point Project for a not -to -exceed amount of $6,415.00 to Wince- Corthell-Bryson. Councilwoman Swarner SECONDED the motion. Councilman Walker asked at what time it was decided this needed improvement. City Manager Brighton stated that the City has a grant for $244100o which must be spent or the money will return to Juneau. This project has been on the Capital Improvement List for a long time. The Trading Bay portion of the project was designed some years ago. If the money would be put toward another project, there would not be enough time for the design work, etc. to be done before the money reverts back to Juneau. Administration felt that it would be better to commit to this project that to lose the money. Public Works Director Kornelis added that this project has been on the CIP list since 1988. Vice Mayor Measles stated that the design was done at the time property was leased to Fred Meyer. Extension of the road was to gain additional access to the leased property and relieve traffic on the Spur Highway, Councilman Walker objected to the motion. VOTE* Walker: No Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Absent MOTION PASSED. E-13. Discussion - Mobile Homes Councilwoman Monfor stated that she requested this discussion because she believes that at the time the ordinance was passed, the intention was to prohibit any mobile home structures to be brought into the City, whether they are storage, or living quarters. She is not sure that this ordinance should be repealed and a new ordinance written, or an amendment needs to be made to this ordinance. • KENAI CITY COUNCIL MEETING JANUARY 16, 1991 PAGE 10 Attorney Graves asked if she would like him to write some proposed amendments to the ordinance. Councilwoman Monfor answered yes. Vice Mayor Measles asked if Council concurred with the request. There were no objections. ITM _Z: ADMINIBTRI�T�ON RBPORTA 1-1. Mayor No report. 1-2. City Manager City Manager Brighton brought the Council's attention to an ordinance introduced to the Kenai Peninsula Borough which will permit the Assembly to set up special assessment districts in the Borough. Mr. Brighton stated that it should be sure that the assessment districts are made to pay the whole amounts and money is not taken from general fund monies. Mr. Brighton stated he will keep up to date with this ordinance. I-3. Attorney No report. 1-4. City Clerk No report. =-S. Pinaaoe Director Finance Director Brown referred to a draft letter which he wrote to the Borough Assembly President in regard to their Ordinance 91-1. The ordinance would treat rent of harbor slip spaces differently from other rents. It would exempt harbor slip rent from the monthly calculation of sales tax provided for in KPB 5.18.430(a). While the City does not have harbor slip rentals, it does have real estate rentals. He calculates the sales tax on a minimum monthly amount, whether the rent is paid annually or not. Mr. Brown believes that if an exception is made for harbor slip rentals, there will be more exceptions in the future. IS Because of the lack of equitable application of the sales tax to all taxpayers, it will result in a loss of revenue to the City of Kenai. It 1� 0 KENAI CITY JANUARY 16, PAGE it MOTIONS COUNCIL MEETING 1991 Councilman Smalley KOVDD to approve the letter and to send it and Councilwoman Swarner 83CONDRD the motion. There were no objections to the motion. 80 ORDMtED. Finance Director Brown also stated that he land sale information slightly.and he will packet. if Council elects to withdraw the included on the foreclosure list, they can hearing. I-6, Public Works Director No report. I-7. Airport Manager will be changing the include it in the next 77 acre parcel do at the public Airport Manager Ernst stated that in the Enplanement Report which he passed out prior -to the start of the meeting, it shows enplanement figures are up. Also, Mr. Ernst is working with the Ericksen Group in regard to the direct -mailing brochure. Mr. Ernst showed the Council a copy of how the brochure is going to look. The brochure will include information regarding Kenai float plane facilitiess, cost of slips, a lease lands, a picture of the Float Plane Basin, general information about fuel services, and a map of Peninsula destinations in relation to Kenai-. The pictures will be -color. They are hoping to mail the brochures by March 1, 1991. The brochure will be sent to registered pilots, Pilots Association list, etc. Cost will be within the boundaries of the contract the City has with the Ericksen Group. Ericksen Group will be meeting with the Airport Commission tomorrow night. Mr. Ernst will bring the final draft brochure to Council for their approval prior to printing and mailing. Councilwoman Monfor requested that the Bicentennial logo be used on the brochure. 0-10 citizens Parks & Recreation Director McGillivray stated that Kenai will be host to the 1992. State Parks & Recreation Conference. There were no other comments, r y • KBNAI CITY COUNCIL NEE TING JANUARY 16, 1991 PAGE 12 J-20 Council Councilman Walker - No report. Councilwoman ewarner - No report. COuncilwoman.Monfor - No report. Councilman McCQmrey - Good to be back. Councilman ftalloy - No report. vicai Mayor Moasles - No report. The meeting was adjourned at 7:45 p.m. to Minutes transcribed by: Caro L. reas, City Clark 1/17/91 s 0 Sy- covl" �