HomeMy WebLinkAbout1985-01-02 Council MinutesB.
C.
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JANUARY 2, 198le - 7:00 PM
WORK SESSION, 6:30 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
1. Agenda Approval
2. 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.
PERSONS PRESENT SCHEDULED TO BE HEARD
1. Carmen Gintoli, Architect - Schematic Designs on Flight
Service Station
PUBLIC HEARINGS
1, Ordinance 1001-84 - Amending Kenai Municipal Code -
Financing Sale of City Lando
a. Substitute
2. Ordinance 1002-84 - Increasing Rev/Appne - Federal
Revenue Sharing - $109000
3. Resolution 84-145 - Transfer of Funds - Hydraulic
Personnel Lift, Gym - $4,908
4. Resolution 84-148 - Awarding Contract - Library
Addition - Gaston 6 Assoc.
e. Substitute p1
b. Substitute q2
5. Resolution 85-01 - Transfer of Funds - Sand Screening
Plant - $50,000
6. Resolution 85-02 - Transfer of Funds - Advertising &
Printing, Library Addition Specs - $6,000
7. Resolution 85-03 - Rescinding Rea. 84-80 (Support of
Borough Incineration Project)
B. Resolution 85-04 - Transfer of funds - Rent Portable
Screening Plant - $3,500
9. Resolution 85-07 - Council Recommendations on Borough
Sales Tax Ordinance
10. Resolution 85-05 - Awarding Bid - Sanding Unit
11. Resolution 85-06 - Awarding Bid - Police
Furniture - Yukon Office Supply
12. Renewal of Liquor License - Foodtown Liquor
13.
Renewal of Liquor License -
Harborview Restaurant
Uptown Motel/VIP Lounge
14.
Renewal of Liquor License - Casino Bar & Liquor Store
D.
MINUTES
I.
*Regular Meeting, Dec. 199 1984
E.
CORRESPONDENCE
1.
*Sen. Kerttula - Additional High Schools in Borough
2.
*Frank Cunningham, U.S. DOT - Meeting of 12-7-84
3.
*Dick Mueller, Library Addition
F.
OLD
BUSINESS
1.
Amendments to Church/Paxton Lease - Bowling Alley
G.
NEW
BUSINESS
1.
Bills to b4 Paid, Bills to be Ratified
2.
Requisitions Exceeding $1,000
3.
Ordinance 1003-85 - Increasing Rev/Appns - Community
Service Program Grant, State (Senior Citizens) -
$6,812
a. Public Hearing
4.
Ordinance 1004-85 - Increasing Rev/Appns - State Grant,
Senior Citizens - $169,660
Be Public Hearing
5.
*Ordinance 1005-85 - Increasing Rev/Appns - Federal
Revenue Sharing - Police Dog, Copy Machine - $43,580
6.
*Ordinance 1006-85 - Increasing Rev/Appns - E. Kenai
Sewer Interceptor - $87,280
7.
Discussion - Street Lights at Intersections
8.
*Games of Chance & Skill - Kenai Chamber of Commerce
H.
REPORTS
1.
City Manager
2.
City Attorney
3.
Mayor
4.
City Clerk
5.
Finance Director
6.
Planning & Zoning
7.
Harbor Commission
S.
Recreation Commission
9.
Library Commission
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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KENAI CITY COUNCIL, REGULAR MEETING, MINUTES
JANUARY 2, 1985, 7:00 PM
KENAI CITY ADMINISTRATION BUILDING
MAYOR TOM WAGONER PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Presents Tom Ackerly, Sally Bailie, Jess Hall, Ray Measles,
Chris Monfor, John Wise, Tom Wagoner
Absents None
A-1 Agenda Approval
Agenda was approved as submitted by unanimous consent.
A-2 Consent Agenda
MOTION:
Councilman Measles moved, seconded by Councilman Ackerly, to
approve the Consent Agenda as submitted.
Motion passed by unanimous consent.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
B-1 Carmen Gintoli, Architect - Schematic Designs on Flight
Service Station
Mr. Gintaii was not present, his presentation was postponed
to C-15.
C. PUBLIC HEARINGS
C-1 Ordinance 1001-84 - Amending KMC - Financing Sale of City
Lands
a. Substitute Ord. 1001-84
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the ordinance.
MOTION, Amendments
Councilman Measles moved, seconded by Councilman Ackerly, to
amend the ordinance with substitute in packet.
There was no public comment.
Atty.Rogers explained, this provided for monthly payments,
clarifies terms on liens and states deeds of trust
instead of land sales contract. Subordinate of City
interest cannot exceed indebtedness of property. There
cannot be 3 or 4 deeds of trust. Councilman Wise requested
an amortization of equal payments over 20 years. Atty.
Rogers explained, this will be incorporated into sale
document. Interest is inferred by law unless specifically
excluded. Finance Director Brown said the note is the
principal, this says the note will be paid in 20 years in a
monthly schedule.
VOTE, Amendments
Motion passed by unanimous consent.
VOTE, Main Motion as Amended s
Motion passed unanimously by roll call vote.
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KENAI CITY COUNCIL
7ANIIARY 2, 1985
Page 2
C-2 Ordinance 1002-84 - Increasing Rev/Appns - Federal Revenue
Sharing - $10,000
MOTION$
Councilman Ackerly moved, seconded by Councilwoman Bailie,
to adopt the ordinance.
There was no public comment.
MOTION, Amendments
Councilwoman Bailie moved, seconded by Councilman Ackerly,
to increase tho amount to $12,762.
VOTE, Amendment s
Motion passed by unanimous consent.
VOTE, Main Motion as Amendeds
Motion passed unanimously by roll call vote.
C-3 Resolution 84-145 - Transfer of Funds - Hydraulic Personnel
Lift, Gym - $40908
Recreation Director McGillivray reported the Borough has one
they can use.
MOTION:
Councilman Ackerly moved, seconded by Councilwoman Bailie,
to adopt the resolution.
There was no public comment.
Motion failed unanimously by roll call vote.
C-4 Resolution 84-148 - Awarding Contract - Library Addition -
Gaston h Assoc.
a. Substitute p1
b. Substitute 02
MOTION, Remove From Tables
Councilman Measles moved, seconded by Councilman Hall, to
bring the resolution from the table.
Motion passed by unanimous consent.
MOTION:
Councilman Wise moved, seconded by Councilman Measles, to
adopt substitute #1 in packet.
PUBLIC COMMENTS
a. Ron Chappell. He is opposed to the amendment. It
makes no sense to reject all bids. The City will not
get another good bid. Now is the time to build.
Councilman Wise said we do not have the money, there is
no value in building a "hope house." Mr. Chappell said
it is important to maintain capability of expanding on
the site. If we re -bid, the low bidder will expand to
what is on the table. Everybody knows what is bid.
b. Architect Carmen Gintoli. He introduced Mr. Gaston and
explained he had information that will help make a
decision. Mayor Wagoner ruled, that is entering into
negotiation on a contract and Council cannot do that.
KENAI CITY COUNCIL
JANUARY 2, 1985
Page 3
Councilwoman Bailie said we should go with the original
design, we Ara tying the hands of future councils.
Councilman Measles said the odder of building the 2nd
floor are small if we do not do it now. The Librarian
and the Library Commission have spoken against the 2nd
floor. There is no point in pinning future councils to
an option that is not suitable. Councilman Wise said
we cannot come up with $400,000 to $500,000 to get a
second floor, we will not get more money from the
State.
VOTE (Failed)t
Yost Ackerly, Measles, Wise
Not Bailie, Hull, Monfor, Wagoner
MOTIONs
Councilwoman Sallie moved, seconded by Councilwoman Monfor,
'
to adopt substitute #2 in the packet.
PUBLIC COMMENT:
a. Ron Chappell. He again asked for the 2nd floor. It is
-
equal to one year's cost of the FAA building, one
-
year's deficit on the proposed community center. He
can live with it if Council feels we do not need it,
but making it on basis of cost is not valid.
b. Vivian Dye. She supported the 2nd story. Councilman
Wise noted this substitute has no visual or audio
contact on the 2nd floor. Mrs. Dye explained she was
-
supporting the original proposal. Councilwoman Monfor
suggested future councils could go out from other
-_—
walls. Councilman Wise said, except for the elevator
shaft. Mayor Wagoner explained, at the work session he
suggested the elevation be the same as the current
library. Also, the contractor make plans for future
elevator, not elevator shaft. Put in casing and attach
controls, with a knock -out slab. Councilman Wise said
it would be more costly with staffing and controlling.
s ,.;
MOTION, Amendments
Councilman Wise moved, seconded by Councilwoman Monfor, to
amend the motion - line 3 (heading), delete "III"; line 4,
(heading) change $654,172 to $602,675; line 4 (heading),
---- delete "AND RAISE THE LOWER LEVEL TO THE SAME ELEVATION AS
_ THE EXISTING LIBRARY."; 6th WHEREAS, delete "the lower
r I level raised to the same elevation as the existing library
and."
Mayor Wagoner noted if you go with the split level, you have
to put the elevator in to meet Code. There has to be
handicapped access, a ramp would take more space.
Councilman Wise said the gear for the elevator would remain.
The space for the elevator should be reserved and the ramp
put in.
VOTE, Amendment (Failed):
Yess Wise
Not Ackerly, Bailie, Hall, Measles, Monfor, Wagoner
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3 1 KENAI CITY COUNCIL
JANUARY 2, 1985
Page 4
MOTION, Amendments
Councilwoman Monfor moved, seconded b Councilman Ackerly,
to amend the motion - line 3 (heading, delete "III"; line 4
(heading), change $654,172 to $602,675; NOW THEREFORE
paragraph, line 3, delete "and III"; NOW THEREFORE
paragraph, line 4, change $654,172 to $602#675.
VOTE, Amendment (Passed)s
Yeas Ackerly, Measles, Monfor, Wise
Not Bailie, Hall, Wagoner
VOTE, Main Motion as Amended (Passed):
Yes: Bailie, Hall, Monfor, Wagoner
Nos Ackerly, Measles, Wise
C-5 Resolution 85-01 -Transfer of Funds - Sand Screening Plant -
$50, 000
MOTIONs
Councilman Ackerly moved, seconded by Councilwoman Bailie,
to adopt the resolution.
There was no public comment.
Councilman Ackerly noted the City has used sand for many
yeare, why is it wrong now? Public Works Director Kornelis
explained, the City is using a different area of the pit.
There have been complaints in the past, but they have been
satisfied. It will require 3 times as much work, but we
have no choice. Councilwoman Bailie asked if there was
another material available. Mr. Kornelis replied, urea
would be expensive and would not work below 150. Airport
Manager Ernst said the City has used 1200 yards this year in
less than 30 days. The cheapest was $14 a yard, for a total
cost of $160000. He added, we are certified for jets and
may get some in the near future. If jets suck up a rock,
the City is liable. Mayor Wagoner asked, is the State
liable in the State bush airports that are gravel? Mr.
Ernst replied, he understood the State pays.
VOTE:
Motion passed unanimously by roll Jcall voter.
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C-6 Resolution 85-02 - Transfer of Funds - Advertising 6
Printing, Library Addition Specs - $6,000
No action was taken on this item.
C-7 Resolution 85-03 - Rescinding Rea. 84-80 (Support of Borough
Incineration Project)
MOTION:
Councilman Ackerly moved, seconded by Councilwoman Monfor,
to adopt the resolution.
PUBLIC COMMENT:
a. Doug Emory. He lives near there and strongly urged
passage.
VOTES
Motion panned unanimously by roll call vote.
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KENAI CITY COUNCIL
JANUARY 2, 1985
Page 5
C-8 Resolution 85-04 - Transfer of Funds - Rent Portable
Screening Plant - $3,500
MOTIONS
Councilman Ackerly moved, seconded by Councilwoman Monfo
to adopt the resolution.
There was no public comment.
Mayor Wagoner asked, why are we renting the machine if it
does not do the job? Public Works Director Kornelis
explained, it is inadequate but we have to use it. Mayor
Wagoner asked if we are liable if a plane sucks up sand.
Airport Manager Ernst replied, if we make the minimum
attempt, we are not liable. He added, the screening plant
is adequate, but it is 1/2 the rate we should have because
of electrical problems.
VOTEs
Motion passed unanimously by roll call vote.
C-9 Resolution 85-07 - Council Recommendations on Borough Sales
Tax Ordinance
MOTIONS
Councilman Ackerly moved, seconded by Councilman Hall, to
adopt the resolution.
There was no public comment.
Mayor Wagoner noted the meeting to be held Jan. 3,
Councilman Hell will represent the City. Councilman Ackerly
suggested addressing collection of delinquent accounts,
there is a substantial number. Finance Director Brown
said they will be publishing delinquent accounts. He added,
the Borough pays us as delinquent accounts are paid up.
Councilman Wise noted, there is a provision that if you buy
a business that has a delinquency, the buyer is liable for
the delinquency. Finance Director Brown explained. this was
discussed at length. The feeling was that back taxes are a
debt of the business, not the individual. If it does not go
with the business, the Borough cannot sue. Atty. Rogers
said that is not necessarily trs:s. The tax debt should be
in the purchase document. He noted one City business is
$100,000 in debt to the City.
VOTES
Motion passed unanimously by roll call vote.
C-10 Resolution 85-05 - Awarding Bid - Sanding Unit
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the resolution.
There was no public comment.
MOTION, Amendments
Councilwoman Monfor moved, seconded by Councilman Measles,
to accept the Yukon Bid with gas engine for a cost of
$10,512.
KENAI CITY COUNCIL
JANUARY 2, 1985
Page 6
VOTE, Amendment (Passed)s
Yees Bailie, Measles, Monfor, Wagoner
Nos Ackerly, Hall, Wise
VOTE, Main Motion as Amendeds
Motion passed by unanimous consent.
C-11 Resolution 85-06 - Awarding Bid - Police Furniture - Yukon
Office Supply
MOTIONs
Councilman Ackerly moved, seconded by Councilman Hall, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-12 Renewal of Liquor License - Foodtown Liquor
C-13 Renewal of Liquor License -
Harborview Restaurant
Uptown Motel/VIP Lounge
C-14 Renewal of Liquor License - Casino Bar & Liquor Store
Clerk Whelan requested postponement on all 3 items, the
Borough is unable to give us any tax information at this
time.
MOTION, Postponements
Councilman Wise moved, seconded by Councilman Measles, to
postpone action on these items till Jan. 169 1985 meeting.
MOTION, Amendments
Councilman Wise moved, seconded by Councilman Ackerly, to
amend the motion to send a letter of non -objection to ABC
subject to verification of all 3 items.
a. Motion passed by unanimous consent.
B-1 Carmen Gintoli, Architect - Schematic Designs on Flight
Service Station
- Mr. Gintoli distributed material to Council. He explained,
the only thing changed from 2 years ago is the cite. The
proposed basement was added in case it was wanted. These
will go to FAA for review. In the original site, the City
generator woo to be uood, in this proposal a generator is
i added. The building will be metal panel siding, the roof
will be mansard. There will be vertical aiding for relief.
The open room will hold 250 lb. per sq. ft. They will have
a phons system for all of Southcentral Alaska. Cost
estimate is a1,4869255, contingency of 10%, inflation figure
of 10%►. The basement is $1 Million, it would need a 14 ft.
ceiling because of the water table. "No UIS" on the plans
mean No Uninterrupted Service. This was not included in
j the estimate. The City originally proposed 10,000 ft. The
price includes the generator. City Manager Brighton said
_ our proposal was to FAA specs. Mayor Wagoner asked if 90
parking spaces were necessary. Mr. Gintoli explained, they
asked for 86. Mayor Wagoner noted the 2nd floor is a desire
on their part. City Manager Brighton explained we have 2
subjects. This far,ility is one project. The City suggested
helping them move from the bluff. They feel if Kenai will
KENAI CITY COUNCIL
JANUARY 2, 1985
Page 7
help with the building, we will move the towers. That is
not the City's intent. Council agreed to discuss with FAA
and return to Council for action.
F. OLD BUSINESS
F-1 Amendments to Church/Paxton Lease - Bowling Alley
Land Manager Labahn reviewed the amendments as submitted in
the packet. The major amendments ares date of completion
changed from Dec. 1984 to May 1985; completion of the
facade work, landscaping, parking prior to Dec. 1985; and
escrow in cash or performance bond of $35,000. It would be
wood siding, rock veneer and mansard facade. Councilwoman
Bailie asked about the Certificate of Occupancy. Atty.
Rogers replied, it was in lieu of escrowed funds. Council
agreed the May 1985 date was too long, Mr. Paxton agreed to
Oct. 1, 1985. Mayor Wagoner asked about the landscaping
along the highway. Mr. Paxton replied, that is State land
and they will leave it as is. They have moved the site 4
ft. farther than the City required to leave a wider screen.
The curb cut is what the State requires. Atty. Rogers said
escrow will be posted simultaneous with execution of the
document.
i
MOTION:
i•
Councilman Ackerly moved, seconded by Councilman Measles,
for approval of amendments to the lease as presented.
d
Atty. Rogers noted Info p6 in the packet refers to a lien.
He has a waiver of release of lien to cover this, it will be
recorded Jan. 3, Mr. Paxton added, he will have a
performance bond at the time of execution of the document.
i
MOTION, Amendments
Councilman Ackerly moved, seconded by Councilman Wise, to
amend the motion, #20 line 30 change "by Dec. 31, 1985" to
"on or before Oct. 1, 1985." Add 1i4, "Performance bond of
$35,000 due aimultaneously with signing of documents."
VOTE, Amendment:
Motion passed unanimously by roll call vote.
VOTE, Main Motion as Amended:
Motion passed unanimously by roll call vote.
G. NEW BUSINESS
G-1 Bills to be Paid, Bills to be Ratified
MOTIONS
Councilman Measles moved, seconded by Councilman Ackerly, to
approve the bills as submitted.
Motion passed by unanimous consent.
G-2 Requisitions Exceeding $1,000
MOTION:
Councilman Measles moved, seconded by Councilwoman Monfor,
to approve the requisitions na submitted.
KENAI CITY COUNCIL
JANUARY 2, 1985
Page 8
Councilwomen Bailis asked about the $14,000 for Home Health
Care. Finance Director Brown explained, they will have to
submit a list for review before the City reimburses. Mayor
Wagoner said his motion was that the money was to be paid
out of receipts of proof that only citizens of Kenai would
be helped. It would not be for salary or administrative
expenses. Atty. Rogers explained, some administrative
expenses would be paid, it cannot be separated. Mayor
Wagoner suggested this item be divided and removed, and
research the intent of the action.
MOTION, Amendments
Councilman Wise moved, seconded by Councilman Ackerly, to
divide the motion and approve all but the Home Health Care
item.
VOTE, Amendments
Motion passed unanimously by roll call vote.
VOTE, Main Motion as Amended (Passed)s
Yess Ackerly, Bailie, Hall, Measles, llonfor, Wagoner
Nos Wise
Councilman Ackerly noted Mr. Mundell is not listed as one of
the principals. Finance Director Brown replied, he is only
involved as an advisor at this time.
G-3 Ordinance 1003-85 - Increasing Rev/Appne - Community Service
Program Grant, State (Senior Citizens) - $69812
a. Public Hearing
MOTION:
Councilman Wise moved, seconded by Councilman Ackerly, to
introduce the ordinance.
Senior Citizen Coordinator Porter explained, the money was
just awarded, but has not been appropriated. It is 100%
State funding.
Motion passed by unanimous consent.
MOTION, 2nd Readings
Councilman Wise moved, seconded by Councilman Measles, to
have the 2nd reading.
Motion paosod by unanimous consent.
MOTION, Adoptions
Councilman Wise moved, seconded by Councilman Measles, to
adopt the ordinance.
There was no public commont.
Motion passed unanimously by roll call vote.
G-4 Ordinance 1004-85 - Increasing Rev/Appne - State Grant -
Senior Citizens - $169l660
MOTION:
Councilman Ackerly moved, seconded by Councilman Wise, to
introduce the ordinance.
Motion peened by unanimouo ronuont.
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KENAI CITY COUNCIL
JANUARY 2, 1985
Page 9
MOTION, 2nd Readings
Councilman Wise moved, seconded by Councilman Ackerly, to
have 2nd reading.
Motion passed by unanimous consent.
MOTION, Adoptions
Councilman Wise moved, seconded by Councilman Measles, to
adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
G-5 Ordinance 1005-85 - Increasing Rev/Appns - federal Revenue
Sharing - Police Dog, Copy Machine - $43,580
G-6 Ordinance 1006-85 - Increasing Rev/Appns - E. Kenai Sewer
Interceptor - $87,280
Approved by Consent Agenda.
G-7 Discussion - Street Lights at Intersections
Mayor Wagoner noted YIP S/D is $20t000, the rest is an
additional $50,000. Councilman Ackerly said he was
concerned with the maintenance costs.
MOTION:
Councilman Measles moved, seconded by Councilman Ackerly, to
direct Public Works Director Kornelis to proceed as
outlined.
Councilman Wise said he would like a review of all street
light programs. Councilman Ackerly asked to price mercury
vapor and sodium, and would we get a discount on quantity.
Motion passed by unanimous consent.
H. REPORTS
H-1 City Manager
City Manager Brigntan spoke distributed information on the
Clerk's filing system proposal.
H-2 City Attorney
None
H-3 Mayor
Mayor Wagoner said on Jan. 3 there will be a meeting in
Soldotna with Soldotna P&Z and Kenai P&Z regarding the
Kenai River. Land Manager Labahn will be there. Mayor
Wagoner asked Mr. Labahn to express concern that
Councilwoman Monfor was not notified and she is a member of
the committee. Councilwoman Monfor said Mr. Stephens, State
Div. of Parks, will be attending a Council meeting. The
next Committee meeting is Jan. 10.
H-4 Clerk
Clerk Whelan spoke.
a. The Council and local Borough Assy. members will be
having a breakfast meeting Jan. 3.
h
KENAI CITY COUNCIL
JANUARY 2, 1985
Page 10
b. There will be a Council work session Jan. 10 to review
the Old Town propossls.
c. She asked Council to write their motions on the paper
at their places if they are very long, to avoid
errors,
J. The errors in the packet are because we are training a
new girl, she is working out very well.
Of The information distributed this date regarding a
filing system proposal. She would like to set up a
central filing system for the City Hall. Council
agreed to have a resolution for the next meeting.
H-5 Finance Director
None
H-6 Planning do Zoning
None
H-7 Harbor Commission
None
H-8 Recreation Commission
None
H-9 Library Commission
None
1. PERSONS PRESENT NOT SCHEDULED TO HE HEARD
a. Mayor Wagoner asked for Council opinion on a
Transportation Commission. Council agreed to have a
work session.
b. Councilwoman Monfor suggested Council have meetings
with other commissions and committees occasionally.
of Councilwoman Monfor asked about the promotion of the
City. City Manager Brighton replied, he would like
some help from the Council.
d. Councilwoman Monfor requested the Christmas decorations
be left up till Jan. 7, in honor of the Ruauian
Orthodox Christmas. Mayor Wagoner noted he has
received positive comments on the decorations.
e. Mayor Wagoner noted the Kenai Native Asan. is selling
tickets to their annual potlatch, May 11 6 12.
ADJOURNMENT:
Hooting adjourned at 9s5O F'M.
Q �'i'�
Janet Whelan i-P ROVED BY nU!-7CIL
City Clerk
DATE / r11•111 C! ►;