HomeMy WebLinkAbout1983-02-02 Council MinutesAGENDA
Feb. 2, 1983
PLEDGE OF ALLEGIANCE
A.
ROLL
CALL
1.
Agenda Approval
B.
PERSONS PRESENT SCHEDULED TO BE HEARD
1.
Betty Warren - Senior Citizen Dedication
C.
PUBLIC HEARINGS
1.
Ordinance 816-82 - Amending KMC 17.20 - Requiring
Mandatory Charqes to Water System
2.
Delete
3.
Ordinance 830-83 - Increasinq Rev/Appns - Purchase
Video Tapes for Jail
4.
Ordinance 831-83 - Increasing Rev/Appns - Concession
Stands at Ballfields h Restrooms at Softball Fields -
$55,456
5.
Ordinance 832-83 - Increasing Rev/Appns - Collections
for Lost do Damaged Library Books, Donations - $1,400
6.
Resolution 83-10 - Transfer of Funds - City Manager
Travel to Juneau - $1,400
7.
Resolution 83-11 - Engrg. Design Work - Standard,
Richfield, Thompson Place - Gravel Street Improve.
S.
Change Order #5 - Blazy Constructinn - Gym
s. Resolution 83-12 - Transfer of Funds - Change
Order f#5 - Gym
9.
Resolution 83-13 - Transfer of Funds - Continue
Employment for Restoration - Ft. Kenay
10.
Renewal of Liquor License -
Beverage Dispensary -
Sheffield House
Gate 54
Kenai Joe's
11.
Renewal of Liquor License -
Restaurant/Eating Place -
Little Ski Mo
Pizza Paradisos
Katmai Lounge
Beveraqe Dispensary -
Harborview
Recreational Site -
Peninsula Oilers
Club -
Eagles #3525, #3249
D.
MINUTES
fq
1.
Regular Meeting, Jan., 1983
E
CORRESPONDENCE _--
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F. OLD BUSINESS
1. Renewal of Liquor License -
Beverage Dispensary -
Rainhnw Rar
Club -
Moose #1942
G. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. Ordinance 833-83 - Increasing Rev/Appns - Stellar Dr. -
$250,000
4. Ordinance 834-R3 - Increasing Rev/Appns. - Airport
Terminal Parking - $38,000
5. Ordinance 835-83 - Reallocating Local Service Roads l:
Trails Monies - Design of .Standard, Richfield,
Thompson Place Roads - $18,000
6. Ordinance 836-83 - Increasing Rev/Appns - Itinerant
Aircraft Parking - $240000
7. Ordinance 837-83 - Increasing Rev/Appns - Airport
Ramp Overlay - $30,000
S. Ordinance 938-83 - Increasing Rev/Appns - Donation
from Chevron USA - Video Cassette Recorder for Rec
Center - $550
9. Games, of Chance 6. Skill -
s. Eagles 03525
b. Kenaitze Indian Tribe
10. Report from City Manager - Proposed Assessment
District, Central Heights S/D, lot Addtn.
11. Discussion - Engineering Proposal for Float
Plant Basin
12. Discussion - Division of Asse Lease
H. REPORTS
1. City Manager
2. City Attorney
3. Mayor
4. City Clerk
5. Finance Director
6. Planning & Zoning
7. Harbor Commission
8. Recreation Commission
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
9
KENAI CITY COUNCIL - REGULAR MEE[ING, MINUTFS
FEBRUARY r,41983, 7:00 PM
KENAI CITY ADMINISTRATION BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE Of ALLEGIANCE
A. ROLL CALL
Presents Tom Wagoner, John Wise, Vincent O'Reilly, Tom
Ackerly, Sally Bailie, Ray Measles
Absents Ron Malston (excused)
AGENDA APPROVAL
1. Mayor O'Reilly asked that Roger Endell, Director, Div.
of Corrections, he added under item 8-3, to discuss
t ; the proposed jail facility at Wildwood.
2. Mayor O'Reilly said Administration had asked that items
F C 8 and C 8a be deleted.
3. Mayor O'Reilly asked that the letter from Soldotna
Councilman Vern Gehrke regarding Legislative
Appropriations be added as item E-1.
4. Councilman Measles asked if he could speak under item
B-1, before Betty Warren.
Council agreed to the changes.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
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B-1 Councilman Measles. As senior Councilman present, he spoke
for the Council, reading a proclamation to Mayor O'Reilly,
honoring his service to the City of Kenai. Clark Whelan
presented a gift to him from the Council.
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B-2 Betty Warren - Senior Citizen Dedication
Mrs. Warrren explained the signs for the Center have already
been ordered. The Senior Citizens would like to ,just
dedicate the building to Jettis Peterson. She was founder
of the Senior Citizens, and has carved the community in
many ways. She will be 88 in March. The Senior Citizens
ask the Council to approve the request. The Senior Citizens
will raise the money for the plaque. This is a small honor
for all she has done for the community. Councilman Wagoner
asked, what are the signs ordered? Mrs. Warren explained,
there is an alphabetical list of the Senior Citizens and an
outside sign identifyinq the building. Mayor O'Reilly said
t City Services Committee has taken this under advisement.
8-3 Roger Endell, Director -Division of Corrections - Proposed
Jail Facility
Mr. Endell said he has spoken to the Kenai Chamber of
Commerce, and has spoken in Homer, Seward and Anchorage. He
is attempting to answer invitations to speak to groups re-
garding the situation in the Division of Corrections. We
have a severe crisis situation in the State. There are
1500 prisoners and 900 beds. This is a combination of pro-
blems, we are tougher on crime, we have not put enough
money into the Div. of Corrections. We have an inmate law-
suit pending, there have been several in the past, they are
suing for better conditions. The Div. of Corrections is in-
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terested in various sites for a medium security institution -
Homer, Seward, Palmer and Wildwood. They are not interested
in coming to a community that, is not interested. There will
always be some who object. Offenders have to be close to
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facilities, so they cannot use an island, as has been
% 11 q (J f- "3 t 1!d. Nehat,i 1 it - at ion rr al':n a fart.nr. People 11;JVr-:
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walked away from the Palmer facility, that is partially
due to the overcrowded conditions. A Task Force that met
in November made 30 different recommendations. They are
hoping for a Department status by April 1. Regarding 'Wild -
wood facility, they are hoping for a medium security insti-
tution that will hold 150-200 people, with 75 staff. The
impact will be dramatic. The cost will be $1/2 Million for
security, $1/2 Million for sprinkler systems, etc. They
would fill the nuclear staff to get it functioning, then the
inmate population would start coming in. The emphasis would
he on work programs. There are able bodied people that
could be used for public work projects. This has been done
in Palmer, on the Chilkoot Trail and the road between Ft.
Richardson and Eagle River. Medium Security is primarily
property related crimes. They would not be dangerous.
They are also looking at $45 Million to build a maximum
security facility. it would start at 300 people, go up to
400 people, with 125 staff. They figure $45,000 per staff =
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person- impact on the community. Cost of inmate maintenance
would be about $2 Million per year. As for risk to the
local population, there is no prison that is escape -proof,
but most work very well with no difficulty. In most cases
the inmate wants to go as far as possible from the facility. '
He has noted most houses are built around the institution,
similar to airport construction. He is pleased about the
enthusiasm of the police chiefs in the area. It might be
possible to have a detention facility at the same time and
the City can get out of the jail service. The City
would only have City charges. Councilwoman Bailie asked,
of the 1500 people, what number would be hardened criminals?
Mr. Endell replied, they have 200 offenders in the Federal
system, they would pick up another 100. They figure 30n
serious types. He wanted to emphasize there is no evidence
that the State will have to pull out of the Federal system,
but we should bring some back. The bulk are in the medium
security range. He hoped to pick up Wildwood and Goose Bay,
that would give us 400 beds. 180 beds are coming on line
soon, they will have about 500 beds available. Then they
will be looking at maximum security. There is an obvious
need for State and local people to work together. Council-
woman Bailie asked, are DWI this type? Mr. Endell replied,
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those are the 3 day sentences. They have been putting them
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in the Careaqe House, they work harder than the harder
criminals. Councilwoman Railie asked, did the Task Force
address pre-emptory in their discussion? Mr. Endell
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replied, they did not, but they are aware of the situation.
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It is clear that the people went to support local judges.
He noted if they revoke the 1972 law, they system will
collapse. They do not have the room. They have gotten
tougher on crime (a $50 Million budget) and they have to
pay the bill. At the rate we are increasing, we will need
a 180 bed facility every year, at $15 to $20 Million each.
<
Councilman Wise asked, when will the City get the infor-
mation for a public hearing? Mr. Endell replied, he can
come now, but without a full scale plan. Councilman Wise
said this is a social contract with a community. We need
something in writing, not a presentation. Mr. Endell said
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he is working on program statements, he will send them to
the City. Councilman Wise suggested a hearing here and at
the Borough. Mr. Endell said the Governor has given appro-
val to rewrite his budget, he will have to give it to the
Legislature with the next 2 weeks. Ile added, the Kenai
Legislators are interested in these opinions. He thought
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there was some negative reaction in the area, but on the
whole, it is positive.
MOTION$
rotinrilman Wngnnpr moved, spronded by rnjinrilman A:-kprly,
that the Kenai City Council go on record favorinq Wildwood
a" the medium facility institute at this time.
Councilman Wagoner said he did not think it was our res-
ponsibility to hold public hearings. This is outside the
City limits. Mr.. Endell added, it is a stable industry,
it is environmentally sound, it will add to the tax base.
Wildwood has good facilities, it is not close to the center
of town. It would be a 10 acre core in the middle of Wild -
wood. They are going to try guard dogs, there will be
fences. Councilwoman Bailie noted there are several
families in Wildwood, will that affect them? Mr. Endell
replied, there 146 apartments. They are not interested in
them, they belong to KNA. Councilman Wagoner said he had
lived near 2 facilities, when people find they have one,
they are not bad. Mr. Endell added, in some communities
they are forming to ask Governors for facilities. Palmer,
Seward, Cordova h Skagway have asked for facilities. Kenai
has several factors going for it. There are 4 police
departments, a good airport, a good hospital, several
doctors and dentists, good higher education, alcohol
centers.
VOTE (Passed)$
Yost Wagoner, O'Reilly, Ackerly, Bailie, Measles
Nos Wise
Mayor O'Reilly asked that a copy of the motion be sent
to Mr. Endell.
C. PUBLIC HEARINGS
C-1 Ordinance 816-82 - Amending KMC 17.20 - Requiring Mandatory
Charges to Water System
MOTION;
Councilman Wagoner moved, seconded by Councilman Measles,
to adopt the ordinance.
PUBLIC HEARINGS:
1. Father Tergonsky, Russian Orthodox Church. He spoke
about the ordinance last summer. He has a basic
philosophy regardinq government. It is not the people
who serve the government, but the other way around. The
Alaska life style is to get away from big City govern-
ment. This ordinance does not affect the new people,
but the pioneers who came when there were no roads,
sewers, water lines. To charge them is an immoral
thing. You are penalizing these people for the sake
of saving a small amount for the rest of the commun-
ity. Those who came knew what they were getting into.
These people should be honored and respected, but not
with plaques. The pioneers now have to support the new
people. He added, when we have a zoning ordinance, the
City notifies people near. The City should notify people
who are near the water line so they can come to the public
hearing.
2. Elmer Richardson. He lives close to 2nd Ave., where
the main water and sewer lines are. He heard the City
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is going to charge for water when they are not usinq
it. Before it was put in, he had asked if he had to
use it and was told no. He has been fighting for it
since 1966. He did not think people should he charged
whether they hook up or not. As long as he is not
^,o4ed up, he should not have to pay. As loriq as he
does not use it, he should not have to pay for it. He
has had a pipe put to his house, it has been too cold
to hook it up. He has not heard when the City will
charge or how much. He also wondered if the City was
going to run water & sewer lines to the highway where
the funeral home is and to other people who are on the
utility right of way. Councilman Wagoner said the Code
says you have to hook up. City Manager Brighton ex-
plained if you are on the sewer line, you have to hook
up, but not water. He noted, we have had 2 public
hearings on this. Public Works Director Kornelis said,
as for running water 6 sewer into right of ways other
than those designated, they do not intend to change.
Mayor O'Reilly noted the effective date is
March 2, 1983, subject to Council approval.
MOTION, Amendments
Councilman Wagoner moved, seconded by Councilman Measles,
to amend the motion to delay the effective date to
July 1, 1983.
Councilman Ackerly said he would vote against the motion,
because we are not enforcing the mandatory sewer hook-up,
why create more problems? Councilman Wagoner said, if this
is voted down and we will have such difficulty enforcing, we
should consider creating assessment districts for any more
water do sewer systems. Council is guilty of creating a
system and placing the burden on the current users. That is
why he has asked for enforcement of this & the sewer ord.
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Councilwoman Bailie said she contacted an insurance company,
a house valued at $95,000 without City water is $554 for a
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fire policy, $336 with City water. The value of the
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property is increased, it is beneficial to the older
residents. The charge would be an additional $849 per
month, Anchorage is metered 6 averages $11.90 a month,
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Soldotne - $22.00 a month, Homer - $16.00 a month and is
metered. Kenai is not metered. Eventually those on wells
will hook up. The benefits outweigh the expenses of $8.
_
She suggested before any more water 6 sewer are put in,
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the City should poll the people and have 50% or more in the area in
favor. Councilman Wagoner asked Mr. Richardson, was he
planning to hook up when the weather turns? Mr. Richard-
son replied yes.
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VOTE, Amendment (Passed)s
Yeas Wagoner, Wise, O'Reilly, Bailie, Measles
Not Ackerly
Councilman Wagoner spoke regarding publicity, we have ad-
vertised in the paper, the ordinance has been made public,
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this is the second public hearing. Councilman Wise said we
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should enforce the sewer ordinance, then do this. Council-
man Wagoner said it is Council intention to do both.Council-
r.;,
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man Ackerly noted we should find out what the people want
before we build a street. Councilman Wise noted this was
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introduced some months ago. Has Administration taken any
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action to enforce? City Manager Brighton replied Adminis-
tration has followed the policy of past administrations.
Administration will pursue mandatory sewer charges when the
water charges ordinance is passed.
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A , 1
VOTE, Main Motion as Amended (P'as3r d) s
Yeas Wagoner, O'Reilly, Bailie, Aea:sles
No: Wise, Ackerly
C-3 Ordinance 830-8 - Increasinq 11ev/A.ppns - !,u1- t,ase Video
Tapes for Jail - $4,500
MOTION:
Councilman Measles moved, seconded t;y Councilman Ackerly,
to adopt the ordinance.
There was no public comment.
Police Chief Ross explained the question raised at last
meeting. The Statewide system is 3/4" system, the State is
replacing the City reel-to-reel with a 3/4" system. That
will not provide the tapes, about 180-200 tapes can be pur-
chased with this figure. The tapes are 45" or 60" tapes.
They can be used over. The useful life on reel to real is
3-4 years, he understands there is a longer life on these.
He has 94 on hold for appeals.
Motion passed unanimously by roll call vote.
C-4 Ordinance 831-83 - Increasing Rev/Appns - Concession Stands
at Ballfields 6 Restrooms at Softball Fields - $55,456
MOTION:
Councilman Wagoner moved, seconded by Councilman Measles,
to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
C-5 Ordinance 832-83 - Increasing Rev/Appns - Collections for
Lost do Damaged Library Books, Donations - $1,400
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-6 Resolution 83-10 - Transfer of Funds - City Manager Travel
to Juneau - $1,400
MOTION:
Councilman Wagoner moved, seconded by Councilman Measles,
to adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-7 Resolution 83-11 - Engrg. Deaign Work - Standard, Richfield,
Thompson Place - Gravel Street Improvements
MOTION:
Councilman Wagoner moved, seconded by Councilman Ackerly,
to adopt the resolution.
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- ihere was no public comment.
Motion passed by unanimous consent.
- C-9 Rennllatinn R3-13 - Transfer of Funds - Continrle Fmpinyment
I for Restoration of ft. Kensy - $10,525
MOTIONS
Councilman Measles moved, seconded by Councilwoman Bailie,
to adopt the resolution.
r
There was no public comment.
i MOTION, Amendments
Councilman Wagoner moved to amend the motion to change the
sentence beqinninq "This transfer", the word "employ" to
a
I "employment."
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There was no second, Council agreed to the change
unanimo"sly.
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Councilman Wagoner asked, what is the total amount spent ex-
cluding this? City Manager Briqhton replied, this is not a
request for additional funds, this is part of the $50,000.
Motion as amended passed unanimously by roll call vote.
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C-10 Renewal of Liquor License -
Beverage Dispensary -
Sheffield House
Gate 54
Kenai Joe's
Clerk Whelan reported, Sheffield House is current on taxes.
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She requested a postponement of action on Gate 54, and
deferred to Atty. Rogers. Atty. Rogers reported the owner
of Gate 54 has declared bankruptcy. Atty. Roqers filed a
stay this date and will seek full court relief. The City is
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a major creditor of $27,000. We cannot evict them, we will
be on the creditor's committee. Council can protest the re-
newal, but there is a higher power involved. He is filing
for current rental if the court allows them to continue.
Clerk Whelan asked for a delay till Feb. 16 meetinq on Kenai
Joe's and Gate 54.
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MOTION s
Councilman Measles moved, seconded by Councilman Ackerly,
that a letter of non -objection be sent to ABC regardinq
Sheffield House and action on Gate 54 and Kenai Joe's be
held to Feb. 16, 1983.
Motion passed unanimously by roll call vote.
C-11 Renewal of Liquor License -
Restaurant/Eating Place -
Little Ski Mo
Pizza Paradisos
Katmai Lounge
Beverage Dispensary -
Harborview
Recreational Site -
Peninsula Oilers
Club -
Eagles #3525, #3249
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Clerk Whelan reported, Little Ski Mo, Pizza Paradisoa,
Harborview Restaurant, Peninsula Oilers, Eagles are all
current on their taxes. Katmai is still delinquent on sales
tax and personal property tax and she asked that a protest
be filed.
MOTION:
Councilman Wagoner moved, seconded by Councilman Ackerly,
that a letter of non -objection be sent to ABC regarding
Little Ski Mo, Pizza Paradisos, Harborview, Peninsula
Oilers and Eagles; and a letter of objection be sent re-
garding Katmai.
Motion passed unanimously by roll call vote.
D. MINUTES
D-1 Regular Meeting, Jan. 19, 1983
Mayor O'Reilly asked that page 10, line 1, be changed to
read, "A nominating process took place before the
meeting this date for."
Mayor O'Reilly asked that page 10, line 2 & 3, be changed
to read, " commission and committee members. On P&Z, the
following 3 were placed in nomination and confirmed:"
Mayor O'Reilly asked that page 10, after the first MOTION,
02, be changed to read, "The following was placed in nomi-
nation for Harbor Commissions"
Mayor O'Reilly asked that page 10, after the 2nd MOTION,
/3, be changed to read, "The following was placed in nomi-
nation for Recreation Commissions"
Mayor O'Reilly asked that page 11, item H-6, the sentence
be changed to read, "Mayor O'Reilly said the following was
placed in nomination for P&Zs Ozzie Osborne."
Minutes were approved as changed.
E. CORRESPONDENCE
E-1 Soldotna Councilman Vern Gehrke - Necessary Legislative
Appropriations for School Districts in Alaska
Councilman Wagoner said he felt a request for a resolution
should come from the School Board. Mayor O'Reilly said he
received a letter from the School Supt. addressed to him
as an individual asking for his support, not Council
support. Councilman Wagoner suggested a resolution be
prepared for the Feb. 16 meeting.
Council agreed to the suggestion.
City Manager Brighton noted, the Mayors are also asking for
$25 Million from the State of Alaska. Will the schools
support their requests? Councilman Wagoner said the most
important thing we have in the Borough is the schools, it is
a "chicken & egg" situation. Councilman Wise suggested the
bill be identified in the resolution, there are many being
submitted.
F. OLD BUSINESS
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F-1 Renewal of Liquor Licenses -
Beverage Dispensary -
Rainbow Bar
Club -
Moose #1942
Clerk Whelan reported Moose Lodqe is currrent on their
taxes, the owner of Rainbow Bar has asked for an extension,
as there has been a death in the family.
MOTIONS
Councilman Measles moved, seconded by Councilwoman Bailie,
to send a letter of non -objection to ABC regarding the
Moose Club, and action on the Rainbow Bar be postponed till
the Feb. 16 meeting.
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 Waqoner,
to approve the bills as submitted.
Motion passed unanimously by roll call vote.
G-2 Requisitions Exceeding $1,000
MOTION:
Councilman Wagoner moved, seconded by Councilman Ackerly,
to approve the requisitions as submitted.
Councilwoman Bailie asked, is the maintenance agreement for
one year? Finance Director Brown replied, yes, it is for
the computers in the Finance Dept.
Motion passed unanimously by roll call vote.
G-3 Ordinance 833-83 - Increasing Rev/Appns - Steller Drive -
$250,000
MOTION:
Councilman Waqoner moved, seconded by Councilman Measles,
to introduce the ordinance.
Motion passed unanimously by roll call vote.
G-4 Ordinance 834-83 - Increasing Rev/Appns - Airport Terminal
Parking - $38,000
MOTION:
Councilman Waqoner moved, seconded by Councilman Measles,
to introduce the ordinance.
Motion passed unanimously by roll call vote.
G-5 Ordinance 835-83 - Re -allocating Local Service Roads dr
Trails Monies - Design of Standard, Richfield, Thompson
Place Roads - $18,000
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MOTION
Councilman Measles moved, seconded by Councilwoman
Bailie, to introduce the ordinance.
Motion passed unanimously t,y roll call vote.
G-6 Ordinance 936-83 - Increasing Rev/Appns - Itinerant Aircraft
Parking - $24, O00
MOTIONS
Councilman Measles moved, seconded by Councilman Ackerly,
to introduce the ordinance.
Motion passed unanimously by roll call vote.
G-7 Ordinance 837-83 - Increasing Rev/Appns - Airport Ramp
Overlay - $30#000
MOTIONS
Councilman Wagoner moved, seconded by Councilman Ackerly,
to introduce the ordinance.
Motion passed unanimously by roll call vote.
G-8 Ordinance 838-83 - Increasing Rev/Appns - Donation from
Chevron USA - Video Cassette Recorder for Rec Center - $550
MOTIONs
Councilman Wagoner moved, seconded by Councilman Ackerly, to
introduce the ordinance.
Motion passed unanimously by roll call vote
Council requested Administration send a letter of thanks to
Chevron USA.
G-9a & 9b
Games of Chance & Skill -
a. Eagles #3525
b. Kensitze Indian Tribe
MOTIONS
Councilman Measles moved, seconded by Councilman Ackerly,
for approval of the applications.
DIVISION OF THE QUES1IONs
Councilman Wagoner asked to divide the question.
Council agreed to the request.
G-9a VOTE s
Motion passed unanimously by roll call vote.
G-9bs
Councilman Wagoner asked, why are they requesting approval
from the City? This will be outside the City. Atty. Rogers
explained the application must be submitted to the nearest
community. Councilman Wagoner noted the form is not
complete, type of organization is not listed.
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i MOTION:
N
Councilman Wagoner moved to defer action till the form is
completed satisfactorily.
Motion fn i 1 P 1 for 1 nr�, of n ^erorid.
VOTE (Passed)s
Yes Wise, O'Reilly, Ackerly, Bailie, Measles
Nos Wagoner
G-10 Report from City Manager - Proposed Assessment District,
Central Heights S/D, 1st Addtn.
City Manager Brighton explained this is the same as the
Steller St. Ord. 833-83. This is a specific assessment for
Portlock St. Councilman Measles asked, none are built on
now? Mr. Brighton replied no. Councilman Measles asked,
are there streets in? Mr. Brighton replied no. Council-
man Measles asked, are they platted? Mr. Brighton replied,
it is not approved.The preliminary plat was approved and
sent to the Borough. There is no action required at this
time. The Code requires that this be reported to the
Council. He will get the cost of the project and market
value and report to Council. Councilwoman Bailie suggested
that before we go to all that trouble, we could wait till we
have the public hearing on Steller St. to see how that goes.
Mr. Brighton said he intends to discuss this in his report.
{ G-9b RECONSIDERATIONS
Councilman Wagoner asked if this could be discussed. Wild -
wood is a profit making organization, they do not fail under
this category. They have gross receipts of $50,000. They are
competing with non-profit organizations.
MOTION, RECONSIDERATIONS
-- - Councilman Ackerly moved, seconded by Councilman Measles,
for reconsideration of item 9-b to find out if we are in
1� line.
Councilman Wagoner noted he did not object, just that we
should be doing it right.
Motion passed unanimously by roll call vote.
MOTION, POSTPONEMENT:
Councilman Wagoner moved, seconded by Councilman Ackerly,
to postpone action of item G-9b till the 1st meeting in
March.
Motion passed unanimously by roll call vote.
G-11 Discussion - Engineering Proposal for Float Plane Basin
Public Works Director Kornelis explained, this is the result
of Administration looking for a sand pit to build Haller,
Evergreen, McKinley roads. He is iookinq at Phase I in
the memo. His recommendation is reduced scope, Phase Il.
He would like the Engineers to start now. The cost would
be $10,800: They had the general area they would take it
out of now, the; would get more specific later. Council-
man Wagoner said he had no problem with putting in a Float
Plane Basin if that is what we are going to do. We have a
facsimile now. If we approve the extraction of send, we
are committed to building a Float Plane Basin. City Manager
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Brighton explained, we need the material for a road project,
this is the close8t site. Instead of extracting from a site
that will not be enhanced, this will make it beneficial down
the road. This does not commit us to a Float Plane Basin.
Councilman Wagoner noted, if rouncil changed it4 mind ahomjt
the Float Plane Basin and decides to put in Jight aircraft,
we have created a hole and will have to go someplace else
to get sand. Also, shouldn't we be making improvements to
the present Float Plane Basin? We would be losing that
property and we have adequate area now. It is up to the
City, not FAA to open a Float Plane Basin. The City is
operating the airport. Councilman Ackerly asked, will this
report make sure the site is correct? Mr. Kornelis replied
yes, the existing Float Plane Basin problem is because the
tower cannot see the water. He added, in the process, we
may not get to the water table, but, it would open the area.
Councilman Ackerly asked, Phase II, reduced scope does not
if they would evaluate the sites. Councilman Wise asked,
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have we verified data that there is enough room? Airport
Manager Swalley replied, he has contacted FAA. The
distances are various degrees depending on the traffic. They
did not have the answer yet. Councilwoman Bailie noted they
had 4 options to find material, this was the cheapest.
Councilman Wagoner said we should take a long look at the
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Float Plane Basin. Kenai does not need one comparable to
Anchorage. Councilman Wise asked, where is the access road?
Mr. Kornelis replied, behind the cemetery, not through a
residential area. He added, regarding funding, Haller,
Evergreen, McKinley is per capita money. It is possible
a portion could be reallocated to Float Plane Basin project.
Finance Director Brown said it would be reasonable to charge
Phase I to Haller, Evergreen, McKinley and Phase II to
airport.
MOTIONS
Councilman Measles moved, seconded by Councilman Ackerly,
to direct Administration to proceed with Phase I, Phase II,
reduced scope.
MOTION, Amendments
Councilman Wise moved, seconded by Councilman Ackerly, that
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Phase I funding be Haller, Evergreen, McKinley and Phase II
be Special Appropriations - Airport.
Councilman Wagoner asked, how many yaj-d& will it take to
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do the street project? Mr. Kornelis replied, about 15,000
to 30,000 yds. Councilman Wagoner noted, that is $42,000 if
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we did additional. All these costs should be directly
applicable to the project at hand.
VOTE, Amendment (Failed)%
Yes Wise, O'Reilly,
- Not Wagoner, Ackerly, Railie, Measles
VOTE, Main Motion s
Motion passed unanimously by roll call vote.
G-12 Discussion - Division of Asse Lease
City Manager Brighton explained this was before the last
PArZ meeting. P&Z recommended approval. He wants to start
` construction on the lot immediately. The 2nd would have to
.. be platted. There will be 2 leases on the property.
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MOTION
Councilmen Wagoner moved, seconded by Councilman Ackerly,
to accept the P&Z recommendation.
rouni:ilman Wise asked, who will pay for the replattinq?
Mr. Brighton replied, Mr. Asse.
H. REPORTS
H-1 City Manager spoke.
a. Mr. Briqhton introduced Jeff LaBahn, the new Land
Manager.
b. Mr. Briqhton said Finance Director Brown has been
notified by the Borough Assessor's office that they
will not re-sssess the City this year. A portion of
the assessed valuation will not be able to be in this
year's budget. Councilman Wagoner asked, who made the
decision? Finance Director Brown replied, this was not
stated. The assessors were laid off, then re -hired.
There was not enough time by the time they were
re -hired.
MOTIONS
Councilman Wagoner moved, seconded by Councilman Measles,
to direct Administration to contact the Borough Mayor as to
the status of the work load in the Borough as to the reason
they cannot assess the property.
Motion passed unanimously by roll call vote.
c. At the lot P&Z meeting, Lee Lewis was elected Chairman,
Bob Roth was elected Vice -Chairman.
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P&Z adopted a resolution regarding street names. It
will need Council consent. He asked Public Works
j Director Kornelis if it had gone through Public Works.
" Mr. Kornelis replied no, it came up through the P&Z
y Clerk. He did not know if there were duplications.
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MOTIONS
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Councilman Measles moved, seconded by Councilwoman Bailie,
?�I for approval of the P&Z resolution regarding street names.
MOTION, Amendments
Councilmen Wagoner moved, seconded by Councilman Measles, to
change Watergate Way in VIP S/D to Sunrise Way.
Councilman Wagoner axplained, there are several people who
have said they do not like the name. The Sunrise family
used it for a fish site long ago.
Ruby Coyle spoke. She noted Stan McLane did a survey
regarding name changes long ago. If the City changes the
practice proposed, it is disrupting the practice we paid
money to set up. Councilman Wise said it was set up by
ordinance, it has to be changed by ordinance. Mr. Kornelis
said 2 years ago they put up siqns in the City, 3 years ago
they checked Mr. McLane's method and noted it was not being
adhered to. They changed about 3fl streets and the ordinance
at that time, so there would be uniformity. The Code says
only a resolution is necessary. Mr. Briqhton suggested a
resolution be prepared for the Feb. 16 meeting.
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MOTION, Withdrawal:
Councilman Measles, with consent of second, withdrew his
motion.
VnTF, Vtateryate %amt; rhange :
Motion passed unanimously by roll call jute.
A. P&Z discussed a variance on townhouses. It was Mr.
Brighton's understanding that till the City had ar:
ordinance on the books, it would be handled by
variance. This one is in Redoubt. At the hearing,
there was protest. P&Z will hold another public hear-
inq at the next P&Z meeting. Councilman Wagoner asked
Atty. Rogers if a variance was the proper way to
proceed. Atty. Rogers replied, one thought is that
the variance procedure is the most flexible method,
the second thought is exceptions used for townhouses
is a prostitution of the variance laws. Councilman
Wagoner said whether this is allowed or not, Adminis-
tration should work with P&Z to submit an ordinance
allowing these types of development. This will be-
come more and more prevalent. Atty. Rogers noted the
use of exceptions leads to more discretionary power of
the governing body than by ordinance. Councilman Wise
noted if the variance is granted and the plat is
approved, there will be an injunction. Mr. Brighton
noted the only place you can build such buildings is
outside of the City. It has been the policy of the
Council that they would entice dwelling units inside
Kenai. This must be addressed, it has tremendous bear-
ing on the City. He added, he did not think the
request would be granted at the Feb. 9 P&Z meeting.
He suggested Atty. Rogers and Land Manager LaBahn
draft a recommendation to the Borough P&Z to adopt
a measure that will permit this type of operation.
Mr. Brighton noted if multi -rental units are built,
they only need a building permit. Councilwoman Bailie
explained the concern is these are situated on the
bluff in a single unit area. The residents thought
their covenants prevented this. There is nothing in
the Code regarding zoning that lends itself to single
family houses. The people in the area are not against
townhouses, but we need one area set aside for town-
houses and one for single family dwellings. Counr..il-
man Wagoner said we do not have enough high salaried
people to build single family dwellings. We are a
middle income community. If we restrict, we will not
have development. Councilwoman Bailie said at the Sat.
morning meeting concensus was they would not object to
a variance. The Tues. meeting vote was to object,
25-30 people were there. She added there are 5 vacant
lots on the bluff with utilities in. None of the
owners will sell. Maybe there is a market.
e. Mr. Brighton said the townhouse problem and the next
item need to be discussed at a work session. Regard-
inq special assessment districts. One has been
started for S1/4 Million for 24 lots; a new one is
$1/4 Million for 29 lots; the request from the Warrens
is in the packet; he was called by Roland Lynn who will
request a special assessment district; Public. Worker
Director Kornelia has told him of 110 lots that were
discussed by some people; plus one more. tie has felt
we should do whatever we could do to bring in people,
but this is more money than we have available. Re-
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gardinq the ordinance that provides for special assess-
rnents, if people who are on developed streets come in
for water & sewer, that is one thinq, but if a devel-
oper comes .in that is not what I think Council
intended. The developer's profits may he enhanced by
money the City puts in. With families involved, those
en the sheet will profit. Can we afford whet we find
ourselves in? Councilman Wiae said he thought a Health
& Social Services bill providing DEC monies will be
available. 50% of water & sewer costs will be
recoverable. He had no problem on providing interim
financinq in that uituation. He also had no problem
of splitting water & sewer into one district to re-
cover 50:. On roads, that can be done by separate
assessment. Mr. Brighton replied, Public Works
Director Kornelis passed out a memo regarding DEC
funding. They have changed their method, they have
established a priority list. Projects already listed
do not cover the funds. We may not get DEC funds for
the next 2 or 3 yrs. The total is $99 Million.
Councilman Wagoner noted $250,000 is for Kenai. We
need to make a decision and have a comparative analysis
of assessment districts and LID's.
Council set a work session for 7s00 PM, Feb. 11, 1983 at
City Hall. Mayor O'Reilly asked Atty. Rogers and Land
Manager LaBohn to attend.
Betty Warren spoke regarding town houses. Her daughter
lives in one in Anchorage, it is block after block of
town houses. It depends on what you want.
f. Councilman Wagoner asked, what is the status on the
Quandt property? Mr. Brighton replied, he has not
heard from the Atty. General's office.
g. Councilman Wagoner asked about the publicity cam-
paign for the City. Mr. Brighton replied he had re-
ceived a letter from Mr. Garnett, he has asked to with-
draw his proposal. He has changed his business.
h. Councilman Wagoner asked about the resolution being
prepered regarding a request to the Borough on Plan-
ninq & Zoning powers. Atty. Rogers replied it is in
progress.
H-2 City Attorney
Atty. Rogers spoke.
s. Regarding the Doyle S/D. The papers are drafted, we
are acquirinq one lot restricted, we will acquire the
other one under deed of trust.
b. Litigation. $8,500 has been collected under threat of
litigation. The City will be sitting on the creditor's
committee for C.I.E. bankruptcy. It will be his re-
commendation in future that the City not enter into
corporate entities without a single individual signa-
ture also, and that a deposit be required. He will
report to Council.
c. The Jan. 28 Municipal League notice relates reloca-
tion of utilities. He will address this when he is
in Juneau.
d. Regardina the Pacific AK LNG memo in the packet. He
would like to discuss this at the; work session.
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e. He asked Council to review the memo from Finance
Director Brown and himself regarding purchases.
f. He will be in Juneau during the Jan. 16 Council
meeting.
City Manager Brighton noted he and Public Works
Director Kornelis will be in Juneau during the same
period. Finance Director Brown will be acting
City Manager.
H-3 Mayor
Mayor O'Reilly noted the letter of resignation to the
Council distributed this date. He added, it is over-
whelminq, the challenge is immense. The appointment is
a mark of respect for Council and the City. It could not
occur without the support of Council and the people who
helped on the appointment. There has not been a single
City administrator or employee that has been less than
100: cooperative with him. They are all professional
and dedicated.
Mayor O'Reilly turned the gavel over to Councilman
Measles at this point and left the Council meeting.
MOTIONS
Councilman Wagoner moved, seconded by Councilman Wise,
that as of Feb. 3, 1983, Vice Mayor Malston be appointed
Mayor for the remainder of the term.
Motion passed by unanimous consent.
H-4 City Clerk
Clerk Whelan spoke.
s. Me. Whelan reminded the Council that Conflict of
Interest Statements were passed out this date, they
are due by April 15, 1983.
b. The letter passed out this date regarding the State
amendment changing the municipal election date to
May. She had no personal objections to the change.
She asked for any Council input before the telecon-
ference on Feb. 15.
Co The Public Vehicle Commissicn will be having a meet-
inq Feb. 3, 1983 at 2s00 PM in the Council chambers.
Discussion will be on an increase in cab raters and
the addition of another cab. She will have a report
for the Feb. 16 meeting.
MOTION:
Councilman Wise moved, seconded by Councilman Wagoner, to
announce we are requesting all interested parties submit
letters of interest to Council and be in by next Thursday.
MOTIONS Amendments
Councilman Wise, with consent of second, amended the
date to Feb. 24, 1983.
Motion passed unanimously by roll call vote.
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H-5 Finance Director
Finance Director Brown noted the memo in the packet
regarding purchases. If Council takes no action,
he will stop doing this. Councilman Wise asked if he
riould he ("Oiny pay es3t imat els thi!l W.iy, tor. Brown ex-
plained bills for pay estimates come in in various
amounts. They would still come to Council. This will
only be where there io a duplication of effort. Council-
man Wise asked, don't we have 30 days on a bill? Mr. Brown
replied, not always, sometimes a contractor gets irate when
he has to wait. Atty. Rogers explained Administration was
just trying to streamline. Councilman Wise noted under
that idea, final payments could be made without Council
approval. City Manager Brighton explained, every time he
approves a transfer,he sends notice to Council in the
packet, this could be done the some way. Mr. Brown said
he would put all pay estimates in the packet, he was deal-
ing with purchase orders.
MOTIONS
Councilman Wagoner moved, seconded by Councilwoman Bailie,
to accept the recommendation of the Finance Director and
the Attorney.
Motion passed by unanimous consent.
H-6 Planning & Zoning
_ None
- H-7 Harbor Commission
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Councilman Wagoner said the TAMS report regarding harbor
_ development is in the packet. They will be down Feb. 15
with accurate figures for Harbor Commission to bring to
Council. They will probably want to go to Juneau to
lobby for special funding.
H-8 Recreation Commission
Recreation Director McGillivray said there will be a meeting
Feb. 8, Councilman Wagoner asked if the Rec. Commission had
addressed the Blazy memo. Mr. McGillivray replied,no, there
will be action taken at the next Council meeting.
MOTION s
Councilman Wagoner moved, seconded by Councilman Ackerly,
-i- for the City to allow Blazy to proceed contingent upon
' approval of the Rec. Commission.
Councilman Wagoner explained, that way they will be able to
proceed. He has noted in 1981 the racquetball revenue was
i $23,000. We are losing revenue. There is a list every day
of those that cannot use the court. Councilman Ackerly
asked, where does this come from? City Manager Brighton
replied, the money is available in the project. Council-
woman Bailie asked, will there be a racquetball court in the
Soldotno Sports Center? Councilman Waqoner replied yes.
Councilwoman Bailie asked, would this affect the purchase
si price of the new lots? Mr. Brighton replied yes, There is
not enough money in the project to purchase 4 lots. Finance
Director Brown said there is $80,000 within the fund. Mr.
Brighton said there is $40,000 left after this. That would
purchase one lot. He added, we pay rent on those lots.
Councilman Wagoner said we will not he competitive with
Soldotna. We can run 3 for the price we run 2 now.
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VOTE (Passed)s
Yess Wagoner, Ackerly, Bailie, Measles
Nos Wise
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
s. Waldo Coyle. He holds very dear the open meeting
law. At the last meeting, Council violated it. The
vote is to be cast so all present will know how they
voted. The secret ballot has no place behind the
Council table. Councilman Wagoner said anyone could
see his vote. Mr. Coyle said there was an Attorney
General's opinion on this. Councilman Wagoner said
the namoo were submitted from the Mayor to the Council.
Mr. Coyle said it had to be out in the open. Atty.
Rogers said the matter was addressed by him to the
City Manager and went to P&Z. There was nothing
inappropriate.
Ruby Coyle. The reason for this is many years ago
Jim Doyle resigned and it took 6 months to get a
replacement. At that time we asked for an opinion
from the Attorney General's office.
AOJOURNMENTs
Meeting adjourned at 1is45 PM.
0"V� �VJLa��
Janet Whelan
City Clerk
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OA10 C" cm
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