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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 I I r �w 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. i �............. . ......__e _..._=--�._...,..._= tom,_..._ 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 �. �,_•__-- - - - -- 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. !�Ct,10Y" WIXAGV%ar 0. IL No A% vL o{ 6`r �r�c:,�ef P. 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. f r 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. s,�.r _ _. — . I 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! ►;