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HomeMy WebLinkAbout1985-11-20 Council Minutes• ___-_ /f-'-'•-J4 - -._-ice wi`wi_ - -_-� AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 20, 1985 - 7s00 PM PLEDGE OF ALLEGIANCE A. 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. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - Ten Minutes Per Person) , 1. Darby Howell - Aliak Street 2. Irvin Crane - Alisk Street 3. Betty Glick - Aliak Street 4. Rob Mulholland - Baseball and Softball Fields 5. Dawn Barnett - Baseball and Softball Fields 6. Faye Mulholland - Baseball and Softball Fields 7. Carol Osborne - Little League/Baseball and Softball ; Fields f I ' C. PUBLIC HEARINGS .' 1. Ordinance 1093 - Amending KMC 7.05 - Senior Citizen Tax Exemption 2. Ordinance 1094 - Amending Kenai Zoning Code, 14.25.010 i regarding Landscaping Regulations 3. Ordinance 1095 - Increasing Estimated Revenues and Appropriations by $4,000 - Library Materials 4. Ordinance 1096 - Increasing Estimated Revenues and Appropriations in Various Capital Projects - State Grant #8186- 306 5. Ordinance 1097 - Increase Estimated Revenues and Appropriations by $2,000 - Marathon Road Relocation 6. Resolution 65-103 - Amend Charter regarding petition requirements - Special Election 1/7/86 7. Resolution 85-104 - (Tabled from 11/6/85) - Supporting Concept of Local Television News Bureau 8. Resolution 85-105 - Special Election (Community Center) a. Substitute Resolution, 85-105 9. Resolution 85-106 - Transfer of $7,820.46 - Park Improvement Fund for Playground Equipment. 10. Resolution 85-107 - Directing Administration to Proceed with steps to pave Candlelight Drive at City Expense. 11. Resolution 85-108 - Accepting bid from Hutchings Chevrolet for two police cars. M D. MINUTES 1. *Regular Meeting, November 6, 1985 To be Distributed on Monday, November 18, 1985 E. CORRESPONDENCE 1. *November 12, 1985 M. Navarre letter regarding City as pass -through agency for named recipients of State grants. F. OLD BUSINESS 1. Discussion - Airport Insurance G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1098 - Increasing Estimated Revenues and Appropriations in General Fund Budget by $3,972 - State Grant for Kenai Museum 4. *Ordinance 1099 - Increase Estimated Revenues and Apprnpriations by $17,500 in E. Kenai Sewer Interceptor to benefit proposed school site. 5. Approval - Change Order #3, Comanche Corporation - Main Street Loop. 6. Discussion - Kenai Fire Department, EMS System 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 (Time Limit - Five Minutes Per Person) ADJOURNMENT KENAI CITY COUNCIL, REGULAR MEETING, MINUTES NOVEMBER 20, 1985, 7s00 PM KLNAI CITY HALL ;i MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Sally Bailie, Jess Hall, Ray Measles, Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly Absents None A-1 Agenda Approval a. Mayor Wagoner asked that items F-1-Airport Insurance; and G-6-Kenai Fire Dept.,EMS; be deleted. b. Mayor Wagoner reported that individuals listed on items B-4, 8-5, B-6 will not be attending. A-2 Consent Agenda MOTIONt Councilman Measles moved, seconded by Councilwoman Monfor, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. COUNCILMAN WISE ARRIVED AT THIS TIME (7sO5 PM) B. PERSONS PRESENT SCHEDULED TO BE HEARD 9-1 Darby Howell - Alisk Street Derby Howell, Box 1019, Kenai. The contractor has shut down his equipment and the driveways are not fixed, the street signs are not up. His driveway is 2/3 filled, the rest is loose gravel. His muffler drags every time he goes out. There are others with the same problem. He will fix his driveway and will not charge the city. He offered to put in a culvert and the contractor said no. Public Works Director Kornalis reported the contractor was supposed to be working today. Last week he promised the steep part would be cut down. The material in his pit is frozen, so we told him to use City sand. He will have to complete the work next year. 8-2 Irvin Crone - Alisk Street Irvin Crane, 1510 Bumblebee, Kenai. He turned in a petition to have the crown of the road brought up to 6 in. on the side of the road. A slant will not do it. We need the crown brought up, the ditches filled in and black top. The water will not run off in the Spring. He asked where the plans for the road were, Mr. Howell had a set that was obsolete before he paid for them. The storm sewer has been extended 600 ft., the only intake is at the very end at Alisk. He suggested the ditches be tied in along the way. The contractor said Davidson would be level with Bumblebee, It is not. He asked the contractor if he would cover the boulders, he was told no. B-3 Betty Glick, Aliak Street Betty Glick, 1601 E. Alisk, Kenai. When she was on the Council E. Aliak and Highbush were part of the paving program because they met the criteria. It was bumped, then put to gravel and some streets added. If is fine for gravel, but this will be a feeder for the new elementary school. Swires and E. Aliak should be paved. She noted the Candlelight project was proposed for paving on the agenda, with, justification that it will be major access for the golf I " KENAI CITY COUNCIL NOVEMBER 20, 1985 Page 2 course. Mayor Wagoner explained this was just up for discussion. Mrs. Glick these streets will be access for many things. The contractor said her driveway would be fixed before it got cold and it is not done. The sand is 1/2 way out in the road. It is a safety concern. There is a tremendous amount of traffic on that road. Bill Nelson, Project Engineer, 215 Fidalgo, Kenai. The contractor was directed to quit placing gravel in Oct. He continued with the underground work for handling run-off next Spring. On Nov. 13, when he completed that, he woo directed to discontinue the work. The only thing they could do was to put sand on the driveways for access. It is unacceptable but the ground is frozen 3-4 ft. By Nov. 30 he is required to provide sufficient access to the driveways, If he broke the material up it would be worse than it is now. They will do the best they can with the Anderson house. The residents will not be happy. There have been problems since the beginning of the project. He is asking them to bear with them till Spring. The signs will be put up. Mayor Wagoner noted a fire hydrant was leaning. Mr. Nelson replied, they will not leave it that way. Councilman Ackerly asked, how much is the City's fault? Mr. Nelson replied, the contractor requested a 30 day extension. Mr. Nelson made an aneessment of what they have asked for beyond what he contracted for, they compute 30-1/2 days, Councilman Ackerly noted there were days when he was not doing anything. Mr. Nelson explained, he can accomplish the job any way he wants as long as he completes it. He was late getting started. We cannot take back days he Aid not work. Councilman Ackerly asked if all the residents had been contacted and agreed to let them go up their driveways. Mr. Nelson replied, they have not started this yet. Councilman Wiee asked, when was he given notice to proceed? Answer, 3uly 3. Mayor Wagoner noted a problem on Aliak above Highbush, it is 3-4 ft. below grade. Mr. Nelson replied, there is a storm drain there now. Mayor Wagoner suggested the City put in a thaw -out method there before break-up. 8-7 Carol Osborne - Little League/Baeeball and Softball Fields Carol Osborne, Box 593, Kenai, member of the Little League Board. There is a need for more ball fields in Kenai. We have doubled in the last 10 years. They had 400 kids. There are 16 men's and 10 woman's teams plus Church and Civic Organizations teams. There are over 600 players on 3 fields. They had a hard time getting the fields for practice last year. The school has put in a request for 2 softball fields, it will take 2 years to complete. They will need a replacement for the dust bowl. DEC may not approve the dump site before Spring. Could the Beaver Loop park be used? Mayor Wagoner said they will be working with the school district to make better use of the fields. He asked, how many are from Kenai, N. Kenai and Soldotna? Mrs. Osborne replied, they are just N. Kenai and Kenai. Councilman Measles said there is one field in N. Kenai that is not. good. Councilman Ackerly noted 2 now fields will be complete by thii year at the high school. Councilman Measles said the one at Wildwood is also in bad shape. Councilwoman Beilie suggested the prisoners could bring it up to good condition. Public Works Director Kornelis said DEC is looking at the old dump site at this time. 7 -- KENAI CITY COUNCIL NOVEMBER 20, 1995 Page 3 C. PUBLIC HEARINGS C-1 Ord. 1093-85 - Amending KMC - Senior Citizen Tax Exemption MOTIONs Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Kotion passed unanimously by roll call vote, C-2 Ord, 1094-85 - Amending Zoning Code - Landscape Rego MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENTs a, Building Inspector Hackney, The proposed changes would mean if there is a house in one of the zones, the owner would have to go to the Landscape Bd. before making Improvements. A Church in the area would have had to go the Board before putting in a 2nd exit. Mayor Wagoner stated this is not the intent. Councilwoman Bailie explained, this was to require businesses with expansion or new construction to come to the Board. b, Woody Cole, 608 Bridge Access Rd,, Kenai, Landscape Rd, They do not have authority over anything other than commercial, this is a legal opinion from the attorney. Mr. Hackney explained, if there are homes in the commercial and industrial zones, they would be covered. Mr. Cole said they did not intend to require additional landscaping for them. This was to close a loophole. Councilman Hall suggested residences be excluded. MOTION, Tables Councilman Measles moved, oeconded by Councilman Ackerly, to table action till the Dec. 4 meeting. l Building Inspector Hackney asked if thin would exclude — residences and now construction that increases the floor area but does not expand the building. Councilman Hall �- suggested Mr, Hackney meet with the Landscape Bd. at their Nov. 26 mooting. VOTE, Table (Paused): Yeas Hall, Measles, Monfer, Wagoner, Ackerly Not Railie, Wine C-3 Ord. 1096-85 - Increas. Rev/Appns - Library Materials - ' f$4,000 - 1j] MOTIONS Councilman Ackerly moved, oeconded by Councilman Moaaleo, to adopt the ordinance. Thero was no ;public comment. Motion panned unanimously by roll call vote. -T i . I KENAI CITY COUNCIL NOVEMBER 20, 1985 Page 4 C-4 Ord. 1096-85 - Increas. Rev/Appno - Capital Projects, State Grant, $2.3 Million MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Ord. 1097-85 - Increas. Rev/Appns-Marathon Rd. Relocation- f2,000 MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance to $29500 wherever it reads $2,000, per Finance Director Browns memo. VOTE, Amendments Motion pooled by unanimous consent. There was no public comment. Councilman Ackerly noted tho engineering firm was over 10O% off and suggested they be notified of their incompetence. Finance Director Brown noted Info item 91 related to this, the contract price was $36,000, the work cost $80,000. VOTE, Main Motion as Amended (Paeeed)s Yess Bailie, Hall, Measles, Wise, Wagoner Nos Monfor, Ackerly C-6 Res. 85-103 - Amend Charter, Petition Requirements - Special Election, Jan. 7, 1986 Clerk Whelan explained this was to conform with State and Federal regulations. She reviewed the Federal Voting Act of 1965 (information distributed this date) that required all actions affecting voters must be pre -cleared by U.S. Dept. of Justice. This would include all actions back to 1972, and would include special elections. MOTION$ Councilman Ackerly moved, seconded by Councilman Hall, to adopt the resolution. There woo no public comment. VOTE (Failed): Yeas Wiso, Wagoner Nos Bailie, Hull, Meualas, Monfor, Ackerly i "i^ KENAI CITY COUNCIL NOVEMBER 20, 1905 Page 5 C-7 Res. 05-104 - Supporting Concept of Local Television News Bureau (tabled 11-6-85) MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Mayor Wagoner explained the tabling action was because the resolution was not on the Nov. 6 agenda, and there was not unanimous vote at the Chamber of Commerce. MOTION, Tables Councilman Hall moved, seconded by Councilwoman Monfort to table the resolution indefinitely. VOTE, Tables Notion passed unanimously by roll call vote. C-8 Res. 85-105 - Special Election, Community Center s. Subst. Res. 65-105 NOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilwoman Bailie said she felt there was no need for an election as it had been voted 2 times. The facility would expand the economy and promote jobs. 10.1: of the total cost has already been invested, we should keep a positive attitude. VOTE (Failed): Yetis Wise, wigenev Nos Bailie, Hall, Measles, Monfor, Aekepi W&10V%e r- C-9 Res. 85-106 - Transf. of Funds Playground Equipment - $7,820.k6 MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-10 Roo. 85-107 - Paving Candlelight Or. at City Expense MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. PUBLIC COMMENT: s. John Williams, Box 1315, Kenai. He was concerned with the resolution, it indicates only the citizens adjacent to Candlolight will benefit from this. They will only benefit to a certain amount, less than the root of the I� n KENAI CITY COUNCIL NOVEMBER 20, 1985 Page 6 community. It will benefit the golf players and the developer, not ,just the property owners. There will be a tremendous amount of traffic that will create health and safety hazards. VOTE (Failed): Motion failed unanimously by roll call vote. Mr. Williams stated he felt the Council has voted against the citizens on 2 occasions this dates one, the community center and the other, Candlelight Dr. In 2 polls the citizens did not place a high priority on the community center. This may be scrutinized by the Legislature. Councilman Wise asked Mr. Williams if he would be willing to have 35% or 4O% of cost. Mr. Williams replied, it had been discussed. Mayor Wagoner noted Councilmen Wise was not speaking for the Council. Councilwoman Bailie noted the surveys were to be used as a tool of Council as to where PR should be improved. The survey came back that a library addition was not needed, Council knew it had to be expanded. 5% of the citizens are in the survey, 38: of those said yes. Council met with Lt. Gov. McAlpine and Gov. Asst. Gillespie, who Pelt LID's were better than 100%. The citizens have complained in the past we have paved some areas and paid 100%. Mr. Williams noted this is not a neighborhood project, Council chose the golf course. He added, he did not know why Council cannot allow a vote of the community center. Mayor Wagoner ruled this statement out of order. C-11 Res. 85-108 - Accepting Bid, 2 Police Cars - Hutchings MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. There wee no public comment. Councilman Hall asked to abstain, he has a small interest, one of the bidders is a tenant. VOTE (Passad)s Yess Meanles, Monfor, Wise, Wagoner, Ackerly Not Bailie Councilman Hall abstained. D, MINUTES D-1 Reg. Meeting, Nov. 6, 1985 Approved by Consent Agenda, E. CORRESPONDENCE E-1 Rep. Navarre - City as Pass -Through Agency for State Grants Approved by Consent Agenda. F. OLD BUSINESS None .a KENAI CITY COUNCIL NOVEMBER 20, 1985 Page 7 G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Ackerly moved, seconded by Councilman Hall, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to approve the requisitions as submitted. Motion passed by unanimous consent. G-3 Ord. 1098-65 - Increas. Rev/Appns - State Grant for Museum - $3,972 G-4 Ord. 1099-85 - Increas. Rev/Appns - E. Kenai Sewer Interceptor to Benefit Proposed School Site Approved by Consent Agenda. G-5 Approval - Chge Order - Comanche Corp. - Main St. Loop Councilman Ackerly noted the City went more than half way and they offered $4,000 reduction. Public Works Director Kornelis explained, the $10,000 was not part of the contract. We cannot reduce the costs because of not having enough asphalt in the mix. We used a State form for reducing the cost. Councilman Ackerly noted this is a reduced life -expectancy. It will have to be re -sealed at an earlier date. Mayor Wagoner noted it was not the City's fault if it did not meet specs. Councilman Ackerly suggestod sealing the asphalt instead of leaving it porous. Engineer Nelson explained there are alternatives. The contractor has offered to core and take additional samples to see if the asphalt content was low over the area claimed. That would cost as much as he has offered to settle for. It is not bad asphalt, just not up to specs. Councilman Ackerly asked about a warranty. Mr. Nelson replied, one year and it will last that long. MOTION, Tables Councilman Wise moved to table. Notion died for lack of a second. VOTE (Failed)s Yes: Hall Nos nailie, Measles, Monfor, Wise, Wagoner, Ackerly Council agreed to send this back to the contractor and say Council did not accept the offer, the burden is on the contractor to replace the material or retest & say it is okay. .••, /,-..M-o�-f� - sev :r-r�r..src-resre •r-T—e�arr'�•- U KENAI CITY COUNCIL NOVEMBER 20, 1985 Page 8 H. REPORTS H-1 City Manager City Manager Brighton reported the Kenai River Special Management Area meeting will be at the Borough 11-15-05 (Info, item distributed this date). Council is invited to attend, H-2 Attorney , None, Atty. Cueak attending in place of Atty, Rogers. H-3 Mayor Mayor Wagoner reported he received a letter from Crowley , Maritime attempting to sell a land -based dock facility, The price is high, there are maintenance coats. tie will turn it over to the Harbor Commission for review. Er H-4 City Clerk Clerk Whelan spoke. a. The lot Council meeting in Jan. io scheduled for New Years [gay, She asked that the meeting date be � changed, l MOTION s Councilman Ackerly moved, seconded by Councilwoman Monfor, to change the meeting date for the lot meeting in Jan. to Jan. 8. c 4 Mayor Wagoner asked that this be discussed at the Doc. 10 i meeting, MOTION, Withdraw: Councilman Ackerly, with consent of second, withdrew his —_ motion. ? ? b. AK State Title 29 changes were discussed at Municipal League meeting in Fairbanks Nov. 11 to 15. Clerk Whelan distributed a memo this date reviewing the changes. H-5 Finance Director Finance Director Brown spoke. V I a. Public hearing date for the Sprucewood Glen Assessment diat. is requested for Dec. 18. MOTION: "t Councilman Ackerly moved seconded by Councilwoman Bailie,i that the public hearing fur Sprucewood Glen noneasment district be set for Dec. 18 at 7sOO PM. I Motion passed by unbnimous consent. b. Mr. Brown distributed Managoment letter thin data. flu will respond to the 3 comments included. H-6 Planning & Zoning None 11 l m KENAI CITY COUNCIL NOVEMBER 20, 1985 Page 9 14-7 Harbor Commission None H-S Recreation Commission None H-9 Library Commission Library Commission Chairman Swsrner reported the construction will be complete by Dec. 2, they will have a party. Councilwoman Monfor noted the minutes are not satisfactory. Mayor Wagoner replied that is an Adninistration problem. ADDITIONAL ITEMS Councilwoman Bailie reported the Council on Aging hoo adopted a Code of Ethics. The discussed extending their services to N. Kenai and Soldotna. If they do, it will be at the cost of those areas. H-3 (contd) Mayor's Report Mayor Wagoner said he has enjoyed the Christmas parties at the Sr. Citizen Center and would like to do it again. MOTION s Councilman Ackerly moved, seconded by Councilwoman Bailie, to cater the Christmas party, + Motion passed by unanimous consent. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a, Councilman Ackerly asked about Info item V. Street Lights. City Manager Brighton said this would be discussed at a later date. b, Councilwoman Bailie asked about the date of the Christmas party, City Manager Brighton replied this will be discussed. c, Councilwoman Monfor reported the airport and the bowling alley look great. d, Librarian DeForest asked about the otreet lights on Bridge Access Rd. and Main St. Loop. Public Works Director Kornelis replied the change order to correct this did not pass (item G-5). Mrs. DeForest noted the lights at the ball field are also out. Mr. Kornelis replied that is an HEA problem. Of Betty Glick, Kenai Borough Assembly. Regarding the Central Peninsula General Hospital purchase of land (Info item distributed this data). It woo unfortunate the Assembly did not hear from Council before Nov. 19. It has been on the Borough agenda since Sept. In addition to the purchase price there was an agreement that Dr. Devidhizor could trade lots. The Aunombly said no. It was reconsidered. It was suggested the letter was the result of a telephone poll. She had said it was not. The Assembly upheld the purchase of the land. Just because the land was purchaued it dour not preclude a hospital in Kenai or N. Kenai. The Board long-term plans are looking at that, they fool there is a need for an additional facility in Kenai or F+ r n - � _ ,Ea ����iYftYlslY�1�11i1'/AI/�ii�N7�ii•�ii���.'�i• — _..:E _*.tom __ -_ - v:. �,f_ - _ r ";J'Yi ri��a I Jjj • I L i KENAI CITY COUNCIL NOVEMBER 20, 1985 Page 10 N, Kenai. The Hoard is meeting Dec. 6 and hoo invited City Manager Brighton and Soldotno City Manager Underkofler. There will he representatives from the Lutheran Home Society. Mr. Brighton explained, it was not a telephone poll of Council, but an 11th hour letter because it woo all the time left. He will attend the Dec. 6 meeting, He has received a call from the president of the Hospital Board to meet with him and Council. He has asked for a verbatim of the Assembly minutes regarding this, f, Councilman Ackerly asked if the installation of the transformers (item G-5) is critical. Public Works Director Kornelin asked if Council could approve item 029 it is under $1,000 but le a change order. Mayor Wagoner said this does not require Council action. , AOJOURNMENTs % �, I r Meeting adjourned at 9s45 PM. , Janet• Whelan „ City Clark "f AMOVE D s' COUNCIL DAM an O Cu I 1.' !f 1 17 Ir• , �i I c � J _ l I I f I i