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HomeMy WebLinkAbout1984-01-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 49 1984 - 7sO0 PH PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. John Williams - Variance to Building Code C. PUBLIC HEARINGS 1. Ordinance 909-83 - Amending Kenai Municipal Code - Increase Insurance Liability on Lessee to 500/100/250 2. Ordinance 910-83 - Amending Kenai Municipal Code - Changing Procedures on Sale of City Lando 3. Ordinance 911-83 - Increasing Rev/Appne - State Grant, Senior Citizens - $160,114 4. Ordinance 912-83 - Increasing Rev/Appne - Community Service Program - $59742 5. Resolution 84-1 - Requesting Borough Assembly to Delegate the Power to Provide Zoning Regulations Within the City 6. Resolution 84-2 - Transfer $2,500 for Additional Cost of a Police Department Computer System 7, Resolution 84-3 - Transfer $4,680 for Installation of Street Lights B. Resolution 84-4 - Award of Bit; for Contract Snow Removal to Counrod Construction 9. Resolution 84-5 - Satisfactorily Accepting as Complete the Design do Inspection Service of CH2 M Hill on the Wastewater Treatment Plant Expansion & Renovation, Wastewater Treatment Plant Outfall Line, and the Sewer Interceptor Line 10. Renewal of Liquor License - Eadie's Frontier Club 11. Renewal of Liquor License - Uptown Motel/VIP Lounge 12. Renewal of Liquor License - Foodtown Liquor Store 0, MINUTES None E. CORRESPONDENCE F. OLD BUSINESS i I G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Assignment of Lease - Vernon L. Lofstedt to Kenai Air Alaska - Lot 3, Block 2, General Aviation Apron No. 1 4. Discussions East Kenai/Thompson Park Sewer Study 5. Games of Skill & Chance - Senior Center 6. Games of Skill A Chance - Holy Assumption of Virgin Mary Orthodox Church N. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. finance Director 6. Planning do Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT t. I ti 1 2 �LLF r KENAI CITY COUNCIL - REGULAR MEETING MINUTES JANUARY 4, 1904 •- 710() PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE AGENDA APPROVALS Mayor Wagoner asked that item Cl(a) be added, Confirmahion Of telephone poll taken January 4, 1984 and Ordinance 909..83 be changed to C1(b). A. ROLL CALL - 1 Present t Bailie, Nall, Monolog, Monfor, Wises Wa Absents Ackerly . goner B. PERSONS PRESENT SCHEDULED TO BE HEARD John Williams - Variance to Building Code --- Mayor Wagoner explained that the Council would have to sit as a Board of Appeal or a Hesring Board. Council meeting was recessed, and reconvened as a Hearin Board. Nothing in the Charter that says we cannot sit as a Hearing Board. John Williams was sworn in. NO was surprised that the City adopted the 1982 Building Code, the State hers not yet adopted that Code but are operating under the 1978 Building Code. No cold that he spoke to the organization in California that writes the Code and they informed Mr. Williams that many of the things In the Code are there because of public o�! pressures by City Councils, organizations, and Judicial bodies 98 in the case of handicapped access. It is his feeling that the handicapped past io too restricted and the building is code over restrictive for this area. For the small office he wants to build the Code - = requires that he either put a 44 foot ramp or install an elevator to provido aec9sa to ,., the lower level, but not access to the upper level. A professional in a business would probably go to a handicapped a house instead of making him come to his office. He y s talked to Juneau and DOT in Anchorage, Mr. McEntire is in charge of public facilities and the code interpretation representative. Mr. McEntire stated that the Slate does r not require acceos to the handicapped access in a private office only in a public office. Mr. w Williams said that the Cordova Buildin have handicapped g is a public building and does not pped access. _ .,1. Mr- Williams asked that either an amendment to the ordinance or by a special ordinance allowing a -, one-time exception to the Building Code he be relieved of that portion of the Building Code on handleappod access. Building Inspector Hackney was sworn in. Ile referred to the materials that were handed ou! today and ' entered into the records as Exhibit "A". Ile sold it was the 1979 Building Code ;.; And not 1978, tie noid he woo not concerned with SoldQtna as he was not the Building Innspector for that City. Kenai Municipal Code 4.40.010 goys that the Council shall '?L act 66 a Board of Appeals, contrary to Williamu' loiter that stated we had no Roared of Appeals. On the hand out oheet the 1979 Code to the same no the 1982 Coder relative to '{ handicapped sectlfls in officoo. Prole 2 of Mr. NAckney'e! exhibit rsforu to the Alaska Adminintrative Code and stated that chapter 33 of the Uniform Building L""ado woo what the State �.` adopted. Payer 3 of the Oxhibit A9 rofars to the changeo 111 the Uniform Buildintl Code which hall nothinq to dowith handicapped otcesus. Pallet 4 wars taken from the inter- preitAt loll t manual which tf►es Internet irons! Conforenret of Building officials puta tout NO p . scaled Sect tors 1116 that i J I ('� KENAI CITY COUNCIL January 4, 1984 Page 2 stated that the building official may grant modifications for individual cases, however, Section 106 was not intended to allow the building official to issue variances to the code. To issue a variance on this section of the code would not be in accordance with the spirit and purpose of the code. Page 5 sets out what the Board of Appeals is supposed to do. Page 6 is another code interpretation on Section 204 which sets up the Board of Appeals. It states that the Board of Appeals has no authority to allow them to waive specific code requirements. The only way we could not require access to the handicapped is to change that section of the Code by ordinance and we would then be going against what the State has adopted. He said we could act tonight on this. Attorney Rogers asked Building Inspector Hackney if we were to rescind this part of the code if we would create a problem with the State Fire Marshall's office. Mr. Hackney was not sure. Attorney Rogers asked if it was permissible by the State, if we would we able to change that portion of the code that incorporated the United Building Code 1979 edition without the handicapped access provision. Mr. Hackney said it was possible but that we might have lawsuits by handicapped organizations. Mr. Williams stated that Mr. McEntire of the State said that It was not required that access to the handicapped be provided in private offices. There may be a possibility that the City could enact an ordinance so that he would not have to provide handicapped access. The Code is too restrictive and the City does not have adopt the entire code, Mr. Gintoli said this access is not necessary and directed Mr. Williams to DOT. Attorney Rogers said that he or Mr. Hackney should check with the State to see if we deleted that portion of the City Code that refers to handicapped access if we would be in conflict and if it would be permissible with the Fire Marshall, The City has given three different opinions on this situation; one by City Attorney, one by the building inspector, and one by the Finance Dirbetor. The opinions were that the Board is without authority to grant a variance. Building Inspector Hackney pointed out that the only change made in Chapter 33 of the Uniform Building Code was 17 which had nothing to do with handicapped access. Neither was Table 33a amended in the 1982 revision. DOT does not do anything with any buildings except State buildings. John Williams said he would not want to see the handicapped access portion of the code deleted out of the Code completely since some buildings have to give access to the handicapped. He said it would be impossible for a handicapped person to get into any of the buildings in Kenai including City Hall especially during the winter. The City Attorney was requested to contact the State and see what position the City would be in if we passed an ordinance deleting that portion of the code dealing with handicapped access. Attorney Rogers said he would turn it over to the building inspector and would have an answer by the next Council meeting. If we get an answer sooner we could give the public notice so that we could reconvene into an Appeals Board. Board of Hearing is adjourned. KENAI CI(Y COUNCIL January 4, 1984 Page 3 C. PUBLIC HEARINGS C-la Confirmation of telephone poll taken January 4, 1984. MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie for ratification of telephone poll on snow removal to Coonrod Construction. There was no public comment. Motion passed unanimously by roll call vote. C-lb Ordinance 909-83 - Amending the Kenai Municipal Code on Increasing Insurance Liability required by Lessees of the City of Kenai. MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie for adoption of Ordinance 909-83. There was no public comment. Motion passed unanimously by roll call vote. C-2 Ordinance 910-83 - Amending Kenai Municipal Code - Changing Procedures on Sale of City Lands MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie for adoption of Ordinance 910-83. There was no public comment. MOTION, Amends Councilman Measles moved, seconded by Councilwoman Bailie to amend Ordinance 910-83 in Section 1, first line delete the word "all" and in line 6 the last word on the line change the word "shall" to "may". Councilman Wise feels that all lands should be automatically up for sale unless they have been reserved for public use. We violate our own ordinance. We sold the post office land without making the land available to the public by passing a resolution. By changing the word to "may" means the Administration can withhold lands sit their• own convenience which I don't think is the desire of Council. Attorney Rogers said that Administration cannot withhold lands If the Council directs them otherwise by having the word "shall" there if the City determined that certain parcels were not required for public purpose they would have to list them for sale. VOTE (Amendment) Passed: Yess Bailie, Hall, Measles, Monfor, Wagoner Nos Wise MOTION, Amends Councilman Wise moved, seconded by Councilwoman Monfor to emend Section 5 on the fourth line after the ward "sealed bids" deleting the period and adding a -:omms and adding the words "subject to the exception of 22.05.025." f •. I ., KENAI CITY COUNCIL January 4, 1984 Page 4 Councilman Wise wants to add this for clarification since it says that land can only be sold by competitive bid. People read only what appears to be the appropriate j paragraph without researching other areas. VOTE (Amendment) (.'ailed): Yess Hall, Monfor, Wise No: Bailie, Measles, Wagoner VOTE, MAIN MOTION (As Amended): VOTE (Passed)s Yess Hall, Monfor, Bailie, Measles, Wagoner Nos Wise C-3 Ordinance 911-83 - Increasing Rev/Appns - State Grant, Senior Citizens in the amount of $160,114 MOTIONS Councilwoman Bailie moved, seconded by Councilman Measles for approval of Ordinance 911-83. There was no public Comment. Motion passed unanimously by roll call vote. C-4 Ordinance 912-83 - Increasing Rev/Appns - Community Service Program - $5,742 MOTIONS Councilmen Measles moved, seconded by Councilman Hall for approval of Ordinance 912-83. There was no public comment. Motion passed unanimously by roll call vote. C-5 Resolution 84-1 - Requesting Borough Assembly to Delegate the Power to Provide Zoning Regulations within the City MOTION: Councilwoman Bailie moved, seconded by Councilman Hall for approval of Resolution 84-1. Ruby Coyle spoke. She is not favor of the City taking ever the zoning. She feels we ehould have a public hearing before passing this resolution and request that Sam Best from the Borough speak to the Council. It will cost the taxpayer money to take over the zoning. As a taxpayer even if you live outside the City, you pay the Borough taxes for zoning. Until the Borough agrees to give a portion of their funds to the City for zoning, we should not take it back. It will be an expensive proposition as the City will have to pay for publication of any changes of zoning, public hearings. We have a good planning A zoning code and the Borough Planning & Zoning generally work well with the Kenai Planning do Zoning and the Council. Mayor Wagoner said that if the Council is approving the zoning changes instead of a body of non-resident citizens things could change for the better. He has not soen documentation of the costs of the City taking over the zoning powers, but feels it is worth it for us to get control of our own zoning. KENAI CITY COUNCIL January 4, 1984 Page 5 Ruby Coyle sat on the Planning A Zoning Commission from 1963 until 1974, and for the Borough from 1964 to 1973 and feels she has knowledge on zoning matters. 01,CUSSIONS Councilman Wise said he believed that in time the zoning powers should be brought to the City, but there needs to be a cost benefit analysis presented to the Council and public before any action is taken. Secondly, the Advisory Planning do Zoning Commission has requested the Borough to update the Comprehensive Plan as pertains to the Kenai Spur and to provide an update to the code. He said the Advisory Planning h Zoning Commission were not interested in taking over planning & zoning powers at this time. He is upset at the letter from Mayor Stan Thompson particularly in regard to the Borough sharing the grant money from the State with the City. The Borough has the staff to upgrade the code and he would like to see that done before we take over. He doubts any upgrading can be done before next year. Mayor Wagoner said if we wait until the State changes the law we could wait forever. a Ruby Coyle said it would be wise to wait until Title 29 is passed by the Legislation. Ruby Coyle read a letter from Homer wherein they stated they hired a Planner Analyst at $25,000 per year; advertising $1,000 for fiscal year 1982-83; revenues from building permits and zoning fees amounted to S1,085. ., Mayor Wagoner stated that the City does have a Land Manager and part of his duties are to working with Advisory P do Z Commission and so it would not cost the City of Kenai as much as it did the City of Homer. He referred to a zoning problem that came up in 1978 or 1979 where the Borough was trying to change Rural Residential zoning. He said he would ° hate for something like that to come up again and have a decision made by the Borough for the citizens of Kenai and for the City not to be able to vote on it also. - Waldo Coyle said that at that time a member of the Council '7. was also an the Borough Planning Commission, and also advisor to the City Planning Commission. He referred to a man that was allowed by the Borough Planning Commission to have tanks in his area by granting him a temporary permit not to exceed 3 years and now the zoning has been changed and those tanks are still there. Mayor Wagoner said this -_ change in zoning never came before the Council. Councilwoman Monfor wanted to know if we adopt this resolution and we find that the cost is too high can we back out of this resolution? City Manager Brighton stated that the resolution does not take affect until July 1. The Council can rApeal or request the Borough not to grant the authority to the City before July 1. Councilwoman Monfor r wanted to know if we could work something out with the Borough for a reduction of the mil rate. City Manager Brighton said this was discussed with the Borough. Councilman Wise said Title 29 prohibits Borough from giving 9- F. us any money. The Borough could create a spacial tax district which would reduce our mil rate. We have to act on this prior to June because if we deride not to take over the zoning powers we may find ourselves without any power. Councilwoman Monfor warted to know what percentage of the same type of work that Jeff' does for the City. Land Manager ' Labohn said about 50%. Councilwoman Monfor said that we 1r E could establish fees to offset some of the costs that we will incur. . i KENAI CITY COUNCIL January 4, 1964 Page 6 Councilman Hall said he thought planning and zoning should go hand in hand. City Manager Brighton disagreed. Mayor Wagoner said that the Borough will continue to do the platting. VOTE (Passed) Yess Bailie, Hall, Measles Monfor, Wagoner Not Wise C-6 Resolution 84-2 - Transfer $2,500 for Additional Cost of a Police Department Computer System MOTION: Councilman Measles moved, seconded by Councilwoman Bailie for approval of Resolution 84-2 There was no public comment. Motion passed by unanimous consent. C-7 Resolution 84-3 - Transfer $4,680 for Installation of Street Lights. MOTION: Councilman Measles moved, seconded by Councilwoman Monfor for approval of Resolution 84-3 There was no public comment. Motion passed by unanimous consent. ADDITIONAL COMMENTs Councilwoman Bailie wants to amend this resolution to include First Avenue and Main Street Loop, and Barnacle and Main Street Loop that was on our original motion that we had at our last meeting. These are the only two areas that are in the City of Kenai. Lighting is very poor. MOTION, to amends Councilwoman Bailie moved, seconded by Councilman Measles that First Avenue and Main Street Loop, and Barnacle and Main Street Loop be included for the amount of $3,730. VOTE, on amendment (Paused)s Yost Bailie, Hall, Measles, Monfor, Wagoner Nos Wise VOTE ON MAIN MOTION, as amended: Motion passed by unanimous consent. C-8 Resolution 84-4 - Award of Bid for Contract Snow Removal to Coonrod Construction This resolution in moot becauso it was approved by the telephone poll today. f K€NAI CITY COUNCIL January 4, 1984 Page 7 C-9 Resolution - 84-5 Satisfactorily Accepting se Complete the Design and Inspection Service of CH2 M Hill on the Wastewater Treatment Plant Expansion & Renovation, Wastewater Treatment Plant Outfall Line, and the Sewer Interceptor Line MOTIONS Councilwoman Bailie moved, seconded by Councilman Measles for approval of Resolution 84-5. There was no public comment. VOTEs Motion passed by unanimous consent. C-10 (C-11, C-12) Renewal of Liquor License for Eadie's Frontier Club Councilman Measles asked if all three renewals could be approved at once since there are no problems with any of them. MOTIONs Councilman Measles moved, seconded by Councilwoman Bailie that a letter of non -objection be sent in regards to the application for renewal of liquor licensed to Eadie's Frontier Club, Uptown Motel and VIP Lounge, and the Foodtown Liquor Store. There was no public comment. VOTES Motion passed by unanimous consent. D. MINUTES None E. CORRESPONDENCE None F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Measles moved, seconded by Councilwoman Bailie to approve the Bills to be Paid, Bills to be Ratified dated December 30, 1983. There was no discussion. VOTES Motion was passed by unauiimoua cunaunt. G-2 Requisitions Over $1,000 J ti 1 I KENAI CITY COUNCIL January 4, 1984 Page 8 MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie to approve Requisitions over $1,000 with the change on the Street Lights Requisition, the amount changed to $8,410, and the description to include tbf) lights on First Avenue and Main Street Loop, and Barnacle and Main Street Loop. Councilman Wise asked that the purchase of an oak executive desk be omitted. VOTES Vote passed by unanimous consent. MOTION, •m oak desk Councilman Measles moved, seconded by Councilwoman Bailie for approval of the executive oak desk. Councilman Wise feels that a $1,300 desk is out of line and he cannot support it. City Manager Brighton said that this is from the Federal Revenue Sharing monies and that Council had authorized this purchased and this desk was just being ordered at this time. VOTE (Passed)s Yes$ Bailie, Hall, Measles, Monfor Nos Wise, Wagoner G-3 Assignment of Lease - Vernon L. Lofstedt to Kenai Air Alaska - Lot 39 Block 2, General Aviation Apron No. 1 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie for approval of lease assignment from Vernon L. Lofstedt to Kenai Air Alaska. Attorney Rogers said that the applications are to submit a different Guarantee of Indebtedness binding themselves individually for the debt of Kenai Air Alaska, Inc. rather than in the corporate capacity. MOTION (addition)s Councilman Measles moved, with consent of second asked that the attorney's statement be made a part of the Motion. VOTE (Passed): Motion passed unanimously by roll call vote. G-4 Discussions East Kenai/Thompson Park Sewer Study Mayor Wagoner said this memo from Public Works Director Kornelis is before the Council for clarification. He said he is not sure the $8,700 expenditure is going to give us the information we want. Councilman Measles said that if we are going to spend any money it should include all of East Kenai. We were looking for a combination not only a cost estimate or study of the area to obtain water and newer in all of East Kenai. KENAI CITY COUNCIL January 4, 1984 Page 9 Councilman Wise said that we have had people from Thompson Park asking for sewage because of problems. This study was to determine the means available to provide sewage service to Thompson Park and all of East Kenai. There is an option of running to Swires Road, Lawton extension, Beaver Loop, up to the Spur and Bridge Access Road. The letter from Wince-Corthell-Bryson is to explore the various possibilities of providing service out there. Thompson Park is a very low area to be serviced. Four months ago the figures ties $75,000 from Wince-Corthell-Bryson for the study. Chief Ross said that at the public hearing there was considerable interest in the sewer problem. We were under the impression that this study was already under way. Public Works Director said the motion was unclear as to what Council wanted. City Manager Brighton said that if the Council wants the East End area to be included then we need to get additional figures. Councilman Measles asked if we ' could approve the contract on Thompson Park and have Wince-Corthell-Bryson give us an estimate on adding the rest of East Kenai to the study on Thompson Park. MOTIONS Councilman Measles moved, seconded by Councilman Wise that the Administration go ahead and approve the contract as is for Thompson Park and request a proposal on adding the rest of East Kenai to the study. Councilwoman Monfor said that Thompson Park has a bad { - reputation as far as sewers and perhaps this would improve this area. - V07!' (Poesed)s Motion passed unanimously by roll call vote. G-5 Games of Skill & Chance - Senior Center MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie for approval of the request. There was no public comment. Motion passed by unanimous consent. G-6 Games of Skill & Chance - Holy Assumption of Virgin Mary Orthodox Church MOTIONS Councilwoman Bailie moved, seconded by Councilman Measles for approval of the request. Mayor Wagoner said that two places on the application are not properly checked yet and on the back page where it mentions specific purposes, the word "etc." needs to be struck from this page. Father Targonsky said the money goes to general funds to be used to pay bills and salaries. Mayor Wagoner said the Alter Society should be on the application not the Church. Father Targonsky said they are part of the church. Attorney Rogers asked if they were �I listed as a non-profit corporation to which Father Targonsky said they were. Mayor Wagoner said that the proper boxes r^ - I r t I -.11r I KENAI CITY COUNCIL January 4, 1984 Page 10 should be checked and resubmitted or updated and bring it back at tiie next Council meeting. Attorney Rogers said that 1983 was listed on the top instead of 1984. Father Targonsky said he would resubmit it. H-1 REPORTS H-1. City Manager's Report None H-2. City Attorney's Report None H-3. Mayor's Report a. He was in attendance at the 25th Anniversary of Alaska Statehood in Fairbanks. It was a banquet honoring those who had worked on the statehood commission and those taking the leadership on developing the Alaska Constitution. b. Read a proclamation prepared proclaiming January 3, 1984 as Alaska Statehood Day. c. He received a letter commending City Clerk Whelan on receiving a high honor from the national organization of municipal clerks. It will be in your next packet. H-4. City Clerk Deputy City Clerk stated that she handled things just fine while people were out of the office during the holidays. H-5 t•inance Director None H-6 Planning do Zoning Minutes are in the packet. H-7 Harbor Commission None H-8 Recreation Commission a. Councilwoman Bailie said we had a meeting la�tt night and the Commission is urging the Council to allow the Administration to take care of the roe center rates. b. The girl who was sent for the Pepsi Hot Shot for the National placed 4th. Her name is Cheri Doyle. c. Keyo McGillivray said that the recommendation from Carmen Cintolt on acoustical materials were too costly. We received four replies on materials. One said they could not help us, another had oont a sample which was a baffle -type material that hung from the ceiling, another was an acoustical panel but it was breakable. He did receive some information on materials that would work in the gym. We would need about 64 panels which would be half way up the wells and on the ceiling. The cost I a, f KENAI CITY COUNCIL January 4, 1984 Page 11 would be $6,912 in white; $150 more for colored panels; $1,750 freight. The total would run approximately $99000 for cost and materials. He contacted a source outside and received good recommendations on the materials. Mayor Wagoner said he would like to see a recommendation tfith a quote and estimate on installation on the materials. We could take action at that time. Councilwoman Bailie referred back to the rates of the rec center and having the Administration take care of setting the rates. A resolution was drafted but no action was taken on that resolution. H-9 Library Commission a. Emily Deforest said that the Library Commission met. The proposals should be in by the 10th and should be decided by the 18th. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENTs Meeting adjourned at 10s20 p.m. 7 dnto-r ��Mar Ane Deputy City Clerk �- air CoUp ogtt CJTy CUM i " I � q