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HomeMy WebLinkAbout1983-01-05 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 5, 1983 - 7tOO PM r" PLEDGE Of ALLEGIANCE A. ROLL CALL 1. Agenda Approval 8. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Frank Leo - Cook Inlet Enterprises, Inc. 2. Ron Dolchok - Basin View Subdivision 3. Shirley Henley - Mayor's Council on Aging C. PUBLIC HEARINGS _ 1. Ordinance 825-82 - Amending KMC 22.05.040 - Real Estate Sales Commissions 2. Ordinance 826-62 - Increasing Rev/Appns in 1982-83 Kenai Senior Citizens Project by $76,508 - Grant from State 3. Ordinance 827-82 - Increasing Rev/Appns $3,000 to Enter Into a Contract with Kenai Medical Center, Inc. to Provide Instruction in Emergency Medical Care 4. Ordinance 028-83 - Increasing Rev/Appns by $4,335 for Additional Monies for a Telephone System in Public Safety Building 5. Resolution 63-01 - Awarding Contract for Purchase of Telephone System from Glacier State Telephone Company for Public Safety Building - = - 6. Resolution 83-02 - Transfer $129663 in Senior Center Capital Project Fund for Change Order 02 to the Construction Contract 7. Renewal of Liquor License - s. Casino Bar b. Oaken Keg c. Rig Bar S. Games of Chance and Skill - Kenai Elks Lodge #2425 0. MINUTES J. " 1 . None E. CORRESPONDENCE =- f . OLD BUSINESS G. NEW BUSINESS 1. Bills to Be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 816-82 - Amending KMC 17.20 to Require Mandatory Charges to Parcels of Property wiLitIns Proximity of Water Mains 4. Ordinance 829-83 - Increasing Rev/Appns by $7,000 to Purchase Equipment for new Airport Snowblower 5. Dienussion - Horizon Construction - Petitions for Captial Improvements (Redoubt Terrace Subdivision Addition 04 - in Blocks 4 and 5) 6. Change Order 02 - Senior Center - $12,662.84 7. Proposal for Architectural and Engineering Services by Carmen Gintoli - Jail Addition H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning do Zoning 7. Harbor Commission S. Recreation Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD AD30URNKENT , ,3 KENAI CITY COUNCII•, REGULAR MEETING, MINU178 JANUARY 5, 1983, 7:00 PM KENAI CITY ADMINISTRATION BUILDING VICE MAYOR RONALD MALSTON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Sally Bailie, Ron Malston, Ray Measles, Tom Wagoner, John Wise, Tom Ackerly Absent: Vincent O'Reilly (excused) A-1 Agenda Approval a. Vice Mayor Malston asked that the bill from Alyeska Sales & Service distributed this date be added under item G-1, Bills to be Paid, Bills to be Ratified. b. Councilwoman Bailie asked that item G-6, Change Order $2, Senior Citizen Center, be placed with item C-6, Resolution 83-2, Senior Citizen Center. Council agreed to the changes. B PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Frank Lee - Cook Inlet Enterprises, Inc. He spoke regarding the Gate 54 lease. As of this date, he did not have direct control over the rest- aurant. The owners of the Concorde claim they have a 5 year option. The judge agreed to let it continue till Mr. Lee had additional proof disputing this. He has this now, and will take it back to court. The airport has been "mellowed out" with a different kind of music. The people can come in and talk. The kids are not: tearing it up. City Manager Brighton explained Mr. Lee and Mr. Kochanuski made an agreement and came to Council regarding approval of the assignment. Council approved CIE's interests only. The City is not directly involved in this controversy. Atty. Rogers explained, the present controversy is in litigation and he felt the City should not be involved. Mr. Lee is $22,000 in arrears. If any renegotiations are made, fir. Lee should be current before discussions are held. City Manager Brighton noted Mr. Lee is petitioning to have the rent reduced. Mr. Lee added the present rate is over $4,000, it is too high. Atty. Rogers said we are also in litigation with the Peck case. Any reaction by Council could affect this. He has sent Mr. Lee a letter saying we would start closure procedings. Mr. Lee said he would bring everything current if we can come to an agreement. Council took no action. B-2 Ron Dolchok - Basin View Subdivision Mr. Dolchok spoke regarding a land trade. City Manager Drightcn explained, Mr. Dolchok approached the City last summer regarding the trade. Mr. Brighton had Building Inspector hackney inspect both properties. His recommendation was, they appeared to be of equal value. Mr. Dolchok added a survey is necessary. Mr. Brighton said the City does not have access to it, so it is of little use to the City. MOTION s Councilman Wagoner moved, seconded by Councilman Measles, to direct Administration to proceed with the necessary surveys and work to make the exchange, plus the small portion called 2b-1 on the mar). 0 N a . KENAI CITY COUNCIL JAN. 5, 198 3 Page 2 MOTION, Amendments Councilman Wagoner moved, seconded by Councilman Measles, to split the survey and platting costs with Mr. Dolchok. MOTION, Amendment to Amendments Councilman Wise moved to have the platting and surveying done at no cost to the City. Motion failed for lack of a second. i VOTES i Motion passed unanimously by roll call vote. 1 B-3 Shirley Henley - Mayor's Council on Aging Mrs. Henley spoke regarding cabinets at the new Senior Center. She noted Councilman Wagoner had offered to build the cabinets, the Senior Citizens do not have the know-how to help. Councilman Wagoner• said he would build them. Mrs. Henley asked if there was a time limit on that? They felt he would be so busy he would not be able to do them for a while. Betty Warren replied, they should be done by mid -March. Councilman Wagoner said they would be done. Mrs. Henley accepted the offer, Mrs. Henley asked about the review of the extended _! care facility. Councilman Measles replied he was to have a meeting and will contact Mrs. Henley and Mrs. Porter. C. PUBLIC HEARINGS C-1 Ordinance 825-82 - Amending KMC 22.05.040 - Real Estate Sales Commissions Councilman Measles asked, what is the difference in the substitute distributed this date? Vice Mayor Malston replied, the dollar figure in 4-C. I40TION s Councilman Measles moved, seconded by Councilman Wagoner, to adopt the ordinance. MOTION, Substitutes Councilman Measles moved, seconded by Councilman Wagoner, to replace with the substitute ordinance submitted this date. PUBLIC COMMENTS Dick Mueller, Property World. Council has, without intent, put themselves in an anti -progress position. We are driving business out of the City instead of in. lie distributed the letter from Safeway, and added, this is not the only case of business leaving the City, primarily because of the land ordinance. lie is working with a Kenai business man now who is attempting to move to the North Road at 20% less than the cost of a location on Willow St. Also, with the Alaska USA Credit Union, it would take 3 months to go through and would be competitive bidding. They elected to go with a lease. This ordinance will fur- ther compli:;ate sales and leases. The wording is KENAI CITY COUNCIL JAN. 5, 1983 Page 3 difficult to understand. This will. not encourage realtors to sell City lands. He has brought a suggested solution and request postponement of action till Council has reviewed this. MOTIONS Councilman Measles moved, seconded by Councilman Wagoner, to table action till Jan. 19 and have Atty. Rogers review Dick Mueller's proposal with Mr. Mueller. Motion passed unanimously by roll call vote. Councilman Wagoner noted regarding the letter from Safeway. The date was prior to the City's ability to negotiate a sale, we did not have authority to sell from FAA. If they had been interested after Serendipity had been repossessed, we could have worked on it. Property in Soldotna is just as high as in Kenai. They have never talked to Council. C-2 Ordinance 826-82 - Increasing Rev/Appns in 1982-83 Kenai Senior Citizens Project by $76,508 - Grant from State MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ordinance 827-82 - Increasing Rev/Appns $3,000 to Enter into Contract with Kenai Medical Center, Inc. to Provide Instruction in Emergency Medical Care City Manager Brighton said Dr. Hansen asked to be here for the public hearing of this ordinance. Council agreed to postpone action till Dr. Hansen arrived. C-4 Ordinance 828-83 - Increasing Rev/Appns by $4,335 for Additional Monies for a Telephone System in Public Safety Building MOTIONs Councilman Measles moved, seconded by Councilwoman Bailie, to introduce the ordinance. Motion passed unanimously by roll call vote. MOTION, 2nd Readings Councilman Measles moved, seconded by Councilman Wagoner, to have the 2nd reading. Motion passed unanimously by roll call vote. MOTION: Councilman Wagoner moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. KE?;AI CZ I'y COUM&VCIL .TAN. 5, 1983 Page 4 C-5 Resolution 82-1 - Awarding Contract for Purchase of 'telephone System from Glacier State Telephone Company y for Public Safety Building i' MOTION s Councilman Wagoner moved, seconded by Councilman Ackerly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. G-6 Change Order #2 - Senior Center- $12,662.84 MOTIONS Councilman Wagoner moved, seconded by Councilwoman Sailie, to approve the change order. • Motion passed unanimously by roil call vote. j" C-6 Resolution 83-2 - Transfer $12,663 in Senior Center Capital Project Fund for Change Order #2 to the 4 Construction Contrast MOTION: l _ Councilman Measles moved, seconded by Councilman Ackeely, to approve the resolution. There was no public comment. o`o Motion passed by unanimous consent. '� C-7 Renewal of Liquor License - a. Casino Bar b. Oaken Keg E c. Rig Bar t-5 Clerk Whelan explained all action has been handled !::m_j by correspondence included in the packet. MOTIONS Councilman Wagoner moved, seconded by Councilman Measles, to drop the protest on Casino. L' Motion passed by unanimous consent. '--'`-. (Clerk's notes Letter of Objection was never sent to ABC regarding Casino.) l MOTIONs E Councilman Wagoner moved, seconded by Councilman k Measles, to send a letter of non -objection to Alcoholic Beverage Control Board regarding Casino and Oaken Keg. .+.� Motion passed by unanimous convent. . C-8 Games of Chance & Skill - Kenai Elks Lodge #2425 MOTION: Councilman Measles moved, seconded by Councilman � Ackerly, to approve the application. J h I KENAI CITY COUNCIL JAN. 5, 1983 Page 5 Motion passed by unanimous consent. D• YT1-1fT1"n1- None E. CORRESPONDENCE :tone P. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION$ Councilman Wagoner moved, seconded by Councilman Ackerly, to approve the bills as submitted, with the addition of the Alyeska Sales bill. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 MOTIONS Councilman Measles moved, seconded by Councilman Wagoner, to approve the requisitions as submitted. 3 Motion passed unanimously by roll call vote. 8a9 C-Ar Ordinance 006-82. Dr. Peter Hansen arrived at this time. NOTION Councilman Wagoner moved, seconded by Councilman Measles, to adopt the ordinance. PUBLIC COMMENTS Dr. Peter Hansen, Kenai Medical Center. He is asking for remuneration for services performed since July 1, 1982. In April he spoke to each Councilman regarding the need for more EMT III's, more time off and more re- muneration. 50% of all heart attacks occur before they get to the hospital, many can be prevented if service is available. On Jan. 1, 1983 now regulations were put into effect by the State, listing requirements for EMT's. They are: a. On -site review by a physician b. Review of records c. Physician certification d. Physician available by radio IIe wrote a letter to Council in April reviewing this. He was asked to come to Council June 1, but was unable to. Council reveiwed this with him Aug. 3. At a work session all Council members present agreed there should be remuneration. It was refered to Administration. IIe did not feel he could let EMT's down after June 1, so he has worked with them since then. The contract should date back to .Tune 1, he has been acting in good faith. Ile has been working wi::li Kenai, Nikishka and Soldotna. a-->- KENAI CITY COUNCIL JAN. 5, 1983 Page 6 He has not been able to sign wor? itpq zz:der8 because he had not been approved. Councilman Wagoner asked Atty. Rogers if we can pay retroactive. Atty. Rogers replied, Council has to determine if services were asked. Council could pay, there is a legal as opposed to a moral obligation. MOTION, Amendments Councilman Wagoner moved, seconded by Councilman Ackerly, to amend the amount from $3,000 to $6,000 and direct Administration to proceed with the contract. MOTION, Amendment to Amendments Councilman wise moved, seconded by Councilman Wagoner, to add, WHEREAS, there was a tacit agreement by the Council at a work session to commence this service on and after July 1, 1982, through the fiscal year. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Amendment to Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. Vice Mayor Malston noted Dr. Hansen's services of of the past several years, it is appreciated. G-3 Ordinance 816-82 - Amending KMC 17.20 to Require Mandatory Charges to Parcels of Property within Proximity of Water Mains MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to introduce the ordinance. MOTION, Postpones Councilman Wagoner moved, seconded by Councilman Ackerly, to postpone introduction till Jan. 19 meeting to add an amendment requiring all future development regarding water & sewer with approval of 50% of property owners affected. Councilman Wagoner explained that would be an LID on all affected areas. They will be required to pay whether they hook up or not. Vice Mayor Malston asked, how would he handle those already on the system? Counctluiu., Wagoner replied, they will have to pay. The system will increase the value of the house, they should be paying for maintenance of the system. Councilman Wise asked, are we currently enforcing the collateral portion on sewer hook-ups? City Manager Brighton replied no. VOTE, Postponement (Passed): Yes: Malston, Measles, Wagoner, Wise, Ackerly No: Bailie G-4 Ordinance 829-83 - Increasing Rev/Appns by $7,000 to Purchase Equipment for New Airport Snowblower KENAZ CITY COUNCIL JAN, 5, 1982 Page 7 MOTION s Councilman Wagoner moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Wagoner asked why this was not bought with this on, it renders it inoperable. Airport Manager Swalley replied, when it was ordered, they thought they were getting it with the chute. The equipment will operate without a spotting chute, it just goes to one side or the other. Councilman wagoner suggested we open correspondence with the company that they did not represent themselves in a business -like manner. Also, that future purchases will be screened out of any bid we receive. Vice Mayor Ralston asked, what was the next low bid? Mr. Swalley replied $2,000 or $3,000 higher. Vice Mayor Malston asked, did it have a chute on it? Mr. Swalley replied he would check on it. Councilman Wagoner suggested Administration check back on the specs and check on the highest bidder, to report back on Jan. 19 meeting. Council agreed to the request. VOTES Motion passed unanimously by roll call vote. G-5 Discussion - Horizon Const. - Petitions for Capital Improvements (Redoubt Terrace S.D., Addition ##4 in Blocks 4 & 5) Linda Munsterman, Horizon Const., spoke. They had some difficulty interpreting the Code regarding assessment districts, they decided to apply for 2 " - different assessment districts. This will benefit the City because they will get 25% of each instead of 25% of the total. Horizon Const. understands V there are no DEC funds available at this time, but they are willing to pay 50%, realizing there are no buildable lots with water & sewer in the City. They are developing property with water & sewer so they . can build houses. They are having a difficult time competing with the City putting in water & sewer at no cost. They plan on developing the 1st half in calendar year 1983, the 2nd half in calendar year 1984. F: They would have the 1st half paid off it; Lhe lst year, _< the 2nd half in the 2nd year. Ms. flunste-man reviewed --- the plat. She explained there are 24 lots. The - value they assigned to each lot is $8,751. Water & sewer is based on the cost to put on, added to the cost of the property. They are willing to pay 50% of -__ the improvements, through an assessment district. They cannot compete with the City giving away water & sewer to private property owners. There is a 10 year, 10% pay-off on assessments. Tax liens and assessments have to be paid back at the time of sale of the house. The City would get back 50% within 2 year's time. Councilman Wagoner asked, can we set up an LID in ' 3 months? Finance Director Brown replied yes. Council- man Wise said there has to be a time limit between intro- ( duction and public hearing of an ordinance. Funding could be in 30-60 days. Finance Director Brown replied, there is nothing in the Code that says we can combine steps. Atty. Rogers said the ordinance is very specific, we cannot telescope. Vice Mayor Malston suggested review by Administration for the Jan. 19 meeting. Phil Bryson, representing the surveyors, spoke. The plat received final approval of the City and Borough 3 years ago. Because of the new plat ordinance, they 1! KENAI CITY CJL'.-:CIi. JAN. 5, 1983 Page 8 had to resubmit. Council agreed to have Administration review for the Jan. 19 meeting. G-7 Proposal for Architectural and Engineering Services by Carmen Gintoli - Jail Addition Engineer LaShot explained, Administration was asked to check proposals. Because of the time and money restraints, they have asked Mr. Gintoli for a proposal. They would like it by early Feb. MOTIONS Councilman Measles moved, seconded by Councilwoiran Bailie, for approval of the proposal. Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager City Manager Brighton spoke. a. Don Aase has a lease to build a motel, he has asked Council to approve his application for a liquor license. Yr KJ 9 A-61 i a Councilman Wagoner moved, seconded by Councilman Ackerly, to send a letter of non -objection to the Alcoholic Beverage Control Board regarding Don ' Aase's application. Motion passed by unanimous consent. b. Administration will interview Jan. 6 for the Land Manager position. C. The Beautification Committee will have a meeting Jan. 11. d. Councilman Wagoner said we still need to pursue _..: right-of-way, easements, etc. If Public Works cannot get HEA and the phone company to meet, we -- should make a package. Engineer LaShot said they are working on .it. e. Councilwoman Bailie said we need to address the problem at Ft. Kenay. City Manager Brighton suggested organizations in the area make recommendations. Councilman Wagoner suggested the City trade off the Community Center for Ft. Kenay. Vice Mayor Malston noted the museum is an additional problem. Mr. Brighton said he will bring some recommendations -' to Council regarding Ft. Kenay. Councilman Wise noted we should check with the lease with the Russian Church. f. Councilman Wise said he has given a list of questions to Mr. Brighton to be answered. H-2 City Attorney Atty. Rogers spoke. r KENAI CITY COUNCIL jAN. 5, 1983 Page 9 a. There should be action on the HEA utility line situation very soon. b. Regarding the ACI claim. He recommends we take the $500 settlement. MOTION: Councilman Wuguner moved, seconded by Councilman Wise, that the City accept the $500 settlement. Motion passed by unanimous consent. C. Councilman Ackerly asked if the HEA cable situa- tion was settled. Atty. Rogers replied, there is a meeting scheduled next week. He anticipated legislation regarding this at next session. H-3 Mayor Vice Mayor Malston spoke for Mayor O'Reilly, ex- plaining he was ill. a. Mayor O'Reilly had asked that Dr. Paul Turner be reinstated in P&Z, and Chris Monfor be accepted as a P&Z commissioner. Atty. Rogers noted there was a name with credentials submitted to the Mayor. Councilman Wagoner said he is not prepared to take action at this time. One of the things P&Z lacks is someone with engineering knowledge. He asked that the Mayor solicit additional names. Councilman wise noted we do not have Council representation at P&Z, there is a vacancy on the Borough. He asked that this be considered by the Mayor in the next packet for review. Council agreed to the suggestions. Clerk Whelan was asked to submit this to the Mayor in written form. H-4 City Clerk None H-5 Finance Director None H-6 Planning & Zoning None H-7 Harbor Commission None H-8 Recreation Recreation Director McGillivray said there was no meeting in Dec., they met Jan. 4. A report will be submitted at the Jan. 19 meeting relating to State moneys that have not been allocated and additional KENAI CITY COUNCTI, JAN. 5, 1983 Page 10 development in some areas. Councilwoman Bailie asked how the rev. center was going. Mr. McGillivray replied, the teen center is the same as before. The dance-- havc. a r3or).1 tu-n out. Thy rac qunthal l has picked up. Construction is continuing. Councilman Wagoner noted the showers in the gym are ceramic on sheet rock, they will not last. They should be mud - set tile. Ile asked that Engineer LaShot check this. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Father Targonsky, Russian Orthodox Church. The Russian Church Christmas Eve will be Jan. 7, Christmas Day will be Jan. 8. Jan. 14 is the Russian New Year, their annual dance will be Jan. 14 at the Armory. ADJOURNMENT Meeting adjourned at 9:50 PM. ,Janet Whelan City Clerk x CAM coy a OA1'� t