HomeMy WebLinkAbout1983-04-06 Council MinutesAGENDA
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 69 1983 - 7s00 PH
PLEDGE OF ALLEGIANCE
A. ROLL CALL
1. Agenda Approval
B. PERSONS PRESENT SCHEDULED TO BE HEARD
C. PUBLIC HEARINGS
1. Resolution 83-37 - Requesting 13th Legislature of State
of Alaska to Defeat SO 154 entitled "An Act Repealing the
Municipal Exemption Option to Public Employment Relations
Act."
2. Resolution 83-38 - Transfer $1,720 to Purchase a
Chlorinator in Well House #1.
3. Resolution 83-39 - Setting a Date of Public Hearing on
Proposed Wesbet Circle Assessment District.
4. Resolution 83-40 - Transfer $2,750 to Hire Employee to
Renovate Concession Stands and Little League and Softball
Fields.
5. Resolution 83-41 - Special Election for Purpose of
Amending Section 7-3 of Charter - Deleting Limitation of
Special Assessment Levies to 25% of Fair Cash Market Value
of Property.
6. Resolution 83-42 - Supporting Concept sf a Sheltered
Workshop and Living Quarters Facility for Handicapped in
Centrel Peninsula Area and Request for Legislative F"nding.
7. Resolution 63-43 - Establishing Regulations, Rental
Rates and Cleaning Deposit Amounts for Main Room and Kitchen
of Fort Kenay.
8. Resolution 83-44 - Transfer $11,334 to Award a Contract
to Alaska Fence Company for New Fencing and Rehabilitating
the Old Fence.
9. Resolution 83-45 - Awarding the Bid for 4,440 C.Y. of
Gravel to Better Concrete Products - $19,980.
10. Resolution 83-46 - Awarding a Contract for Construction
of Airport Security Fencing - 1983 to Alaska Fence Company -
$157,497.70.
11. Resolution 83-47 - Request to Legislature to Defeat S8
115 and HS 200 res Rights of Peace Officers.
12. Resolution 83-48 - Accepting a Deed of Release from FAA
for Parcel of Land Lying Within SW 1/4 of Sec. 33.
13. Resolution 83-49 - Transfer $800 for Membership Dues and
Other Misc. Expenses for City Manager.
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Agenda - April 6, 1983 Meeting
v 14. Resolution 93-59 - Transfer $45,252 for Metal Siding on
Existing Airport Terminal Building.
In. Change Order t3 •• Airport Renovation - Metal Siding
$57,097.00.
Al. Change Order # 3 - Airport Renovation - Exterior
Painting $7,491.00.
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D. MINUTES
1. Proposed Jail Facility, March 3, 1983.
2. Regular Meeting, March 16, 1983
3. Partial Translation, Regular Meeting, March 16, 1983.
E. CORRESPONDENCE
F. OLD BUSINESS
G. NE4 BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. Ordinance 848-83 - Increasing rev/appns in Jail Special
Revenue Fund by $6,500 as a result of Contract Increase from
State of Alaska.
4. Ordinance 849-83 - Increasing rev/appns by $270 as a
Result of Donation for a Combination Stretcher Chair for
Kenai Fire Department Ambulance.
5. Ordinance 850-83 - Increasing rev/appns $12,950 and
Transferring Additional $21,265 in Senior Center Capital
Project Fund for Paving of Parking Lot.
6. Ordinance 851-83 - Dedicating the Use of Tract B, Park
View Subdivision, for Purpose of Constructing a Shelter for
Battered Women.
7. Ordinance 852-83 - Creating a New Commission Entitled
"Advisory Library Commission" By Enacting a New Title 24 to
the Kenai Municipal Code.
S. Discussion - HEM and LACK Projects - DEC Funding.
9. Discussion TAMS - Small Boat Harbor - Financial Analysis
and Outline Design - $1359600.
10. Change Order 05 - North Kenai Spur hater and Sanitary
Sewer.
11. Inspection Engineering Contract (Wince-Corthell-Bryson)
LACK Project.
12. Approval of Single Audit.
13. Assignment of Lease - Roth/Pitts.
14. Inspection Engineering Contract (Mike Taurisinen) HEM
Project.
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Agenda - April 6, 1983 Metiting
H. REPORTS
1. City Manager
2. City Attorney
3. Mayor
4. City Clerk
5. Fina^ce Director
6. Planning & Zoning
y. Harbor Commission
A. Recreation Commission
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
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KENAI CITY COUNCIL - REGULAR MELTING, MINUTES
APRIL 6, 1983 - 7s00 PM
KENAI CITY ADMINISTRATION BUILDING
MAYOR RONALD A. HALSTON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Presents Sally Bailie, Betty Glick, Ray Measles, Tom
Wagoner, John Wise, Ron Holston, Tom Ackerly
Absents None
AGENDA APPROVAL
1. Mayor Holston asked that Ordinance 853-83 - Increasing
Rev/Appns - Walker Extension - $71,000, be added as
item G-15.
2. Mayor Holston asked that Jerry Fate be added under item
B - Persons Present Scheduled to be Heard
Council agreed to the changes.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
Mr. Fate was not present.
C. PUBLIC HEARINGS
C-1 Resolution 83-27 - Requesting 13th Legislature of State of
Alaska to Defeat SS-154 Entitled An Act Repealing the
Municipal Exemption Option to Public Employment Relations
Act."
MOTIONS
Councilman Wagoner moved, seconded by Councilman Measles, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-2 Resolution 83-38 - Transfer $1,720 to Purchase a Chlorinator
in Well House 01
MOTIONS
Councilwoman Glick moved, seconded by Councilman Measles, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-3 Resolution 83-39 - Setting a Date of Public hearing on
Proposed Wesbet Circle Assessment District
MOTIONS
Councilwoman Glick moved, seconded by Councilman Wise, to
adopt the resolution.
There was no public comment.
KENAI CITY COUNCIL
APRIL 6, 1985
Page 2
City Manager Brighton explained, other similar requests were
submitted and voted down, but since the petition was
submitted on t.his3, we have to have a public hearing.
MOTION, Amendments
Councilwoman Glick moved, seconded by Councilman Measles, on
the second WHEREAS, a period be placed after the word "district"
in the 2nd line and the rest of the sentence be deleted.
VOTE, Amendments
Motion passed by unanimous consent.
VOTE, Main Motion as Amendeds
Motion passed unanimously by roll call vote.
C-4 Resolution 83-40 - Transfer $1,740 to Hire Employee to
Renovate Concession Stands and Little League and Softball
Fields
MOTIONS
Councilman Wagoner moved, seconded by Councilman Ackerly, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-5 Resolution 83-41 - Special Election for Purpose of Amending
Section 7-3 of Charter - Deleting Limitation of Special
Assessment Levies to 25% of Fair Cash Market Value of
Property
MOTIONS
Councilman Wagoner moved, seconded by Councilman Ackerly, to
adopt the resolution.
PUBLIC COMMENTS
1. Ruby Coyle. Does this mean the City is changing the
Code to charge an assessment district to 100% of the
property? Mayor Malston said the object is for single
owners of property that wished water & sewer and wanted to
pay for it, could do it. Mrs. Coyle said if you put streets
and sidewalks in for 1000 of value, then the property has no
value. Atty. Rogers explained 100: of the value of the
property including improvements. Finance Director Brown
explained we are not after the assessed value of the
property but the cost of improvements. Mrs. Coyle said when
the street was paved by the High School, they were charged
more than the value of the property. The 25: stopped that.
City Manager Brighton said we have had requests for
assessments where there was just raw land. The way the law
is made, the city would have to pay 75% of assessments. If
it is changed, the improvements will not cost the taxpayers
anything. The cost would go back to the property that is
benefited. Mrs. Coyle said the 25% was to protect the
homesteaders from having to sell everything to pay their
assessments. Mr. Brighton explained this is for property
with one owner, not for those with houses on them. Over
50% of the people have to approve. He added they are doing
this in Soldotna and are able to develop land areas.
Councilwoman Glick said there is a difference between an LID
KENAI CITY COUNCIL
APRIL 6, 1983
Page 3
rnd an assessment district. Atty. Rogers explained, the
Charter change would give us discrotionary powers of going
up to 100%. Mrs. Coyle suggested leaving the 25% rate in
and put another paragraph in the Charter for developers.
2. Waldo Coyle. When the 25% limitation was put in, it
was to prevent some ambitious Council putting in more than
the people could stand. There has to be a limitation. Atty.
Rogers explained the limitation puts the burden on those
that want the improvements.
3. Jackie Russell. If this goes on the ballot, it will be
defeated. Mrs. Coyle's suggestion will be better received, this
will be misunderstood by the public.
4. Dick Mueller. A change of some sort needs to be made.
It is not bad to assess 100% of the property. 100% of the
improvement must be approved by 51% of the owners. Unless
we are satisfied to be a suburb of Soldotne, we have to
change something.
City Manager Brighton �:plained Administration intent was,
in order for the da.eloper to get money, this was necessary.
Also, if this was passed, there would be restrictions by
ordinance to eliminate the problems mentioned. He suggested
having the LID described as 100% of improvements, but 25%
could remain for individuals where there were more houses.
Councilwoman Bailie said the people need to know what we are
trying to do. 25% and 100% could actually be the same
figure. 25% of the lot could be the same as 100% of the
improvements. We will not necessarily be charging 100% of
the lot. 100% would be paid back by the people developing
the property.
5. Linda Munsterman. She had come to Council and Asked
them to do thief and she would pay for it. Because of the
Charter, she could not. She suggested adding to the Charter
if a person with 100% ownership and is willing to pay for
it.
MOTION, Amendments
Councilwoman Glick moved, seconded by Councilman Wise, to
amend the resolution to read - in the proposition, delete the
last period, and add, "except where all owners of affected
or benefited properties waive 25% limitation and agree to
accept on a proportional basis up to 100% of cost of
improvements."
- - 6. Jess Hall Jr. With or without the limitation, we need
a change to get homes built and get into growth of
subdivisions. Lots are becoming increasingly difficult to
find. This would allow a developer to have 100% LID. A
_-- private individual can finance any way, sometimes lower than
the City can. This is an effective way to lower the front
end costs.
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VOTE, Amendments
Motion passed by unanimous consent.
VOTE, Main Motion as Amended:
Motion passed unanimously by roll call vote.
NOTICE OF RECONSIDERATION:
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KENAI CITY ZOUNCIL
APRIL h, 1983
Page 4
Councilman Wagoner gave Notice of Reconsideration for
Resolution 83-41 for the April 20, 1983 meeting.
C-6 Resolution 83-42 - Supporting Concept of a Sheltered
Workshop and Living Quarters Facility for Handicapped in
Central Peninsula Area and Request for Legislative funding
MOTIONS
Councilwoman Glick moved, seconded by Councilman Wagoner, to
adopt the resolution.
PUBLIC COMMENTS
1. Jack Brown. The primary purpose of this is to provide
service. It would employ 60 people and supply a place for
12 people. Parents have fought for years for this. The
school system does a good job to age 21, then there is
nothing. There are 200 clients in the Peninsula area. Some
have parents in their 7019 who cannot take care of the
handicapped. This is necessary and they have had a lot of
support. A lot of people were not aware of the need. They
are trying to be self-supporting. Income sources will come
from a greenhouse program, the persons themselves and
donations. Councilman Wagoner asked, who is People Ccunt,
is it non-profit? Mr. Brown replied, yes they are. members
of the Board of Directors are himself, Judy Walgenbach,
Loretta Brown, Ken Coreson and Al Willis.
Notion passed by unanimous consent.
C-7 Resolution 83-43 - Establishing Regulations, Rental Rates
and Cleaning Deposit Amounts for Main Room and Kitchen of
Fort Kenay
MOTIONS
Councilwoman Glick moved, seconded by Councilman Wagoner, to
adopt the resolution.
MOTION, Amendments
Councilman Wagoner moved, seconded by Councilwoman Glick, to
amend the resolution by deleting Section 4 and adding$
Section 4s Under no circumstances shall there be served on
the premises of Fort Kenay any alcoholic beverages, and all
rents, fees, and deposits must be paid in advance of renting
the facilities at Fort Kenay. Deposits will be returned to
the renter by mail following return of the issued key
provided the Fort is left in an orderly state and provided
that no provision of this resolution has been violated as may
be determined by the Senior Citizens director.
City Manager Brighton noted there was some objection to the
excepting of alcoholic beverage. Councilwoman Glick said
Fort Kenay has been used from time to time for wedding
receptions and at that time alcoholic beverages were served,
will this except that? Mr. Brighton replied, unless they
come back to Council. He explained the reason he put this
on is because the only time we have a problem is when
alcohol is served.
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KENAI CITY COUNCIL
APRIL 6, 1983
Page 5
MOTION, Amendment to Amendments
Councilman Wagoner moved, with consent of second to change
Section 5, line 4, the words "Kenai City Council" to " City
Manager."
VOTE, Amendments
Motion passed by unanimous consent.
Councilman Wise asked, why is the Senior Citizen Coordinator
responsible if the Senior Citizens are vacating the
building? Mr. Brighton replied he had selected her.
Councilman Wise noted a cleaning fee is required. It does
not say the $25 is for deposit. Finance Director Brown
replied, the City keeps the fee and the janitor cleans up.
Councilman Wise said, then it is not refundable. tie also
felt $25 for 1/2 day and $30 for full day is unreasonable.
The city is encouraging them not to clean up. They are
saying they don't want the Fort to be used when they charge
this.
MOTION, Tables
Councilman Wise moved to table the motion.
Motion failed for lack of a second. t
Councilman Wagoner said this rate is lowor than some others,
it is reasonable.
VOTE (Passed)s
yes Bailie, Glick, Measles, Wagoner, Ackerly
Nos Wise, Holston
C-6 Resolution 83-44 - Transfer $11,334 to Award a Contract to
Alaska Fence Company for New Fencing and Rehabilitating the Old
Fence
MOTIONS
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Councilwoman Glick moved, seconded by Councilman Wagoner, to
adopt the resolution.
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There was no public comment.
Motion passed by unanimous consent.
C-9 Resolution 83-45 - Awarding the Bid for 4,440 C.Y. of Gravel
to Better Concrete Products - $19#980
MOTIONS
Councilwoman Glick moved, seconded by Councilman Wagoner, to
adopt the resolution.
There was no public comment.
Councilman Ackerly asked, who did the hauling? Atty. Rogers
replied, they do. Councilman Wise asked if there was any
problem with increasing of quantities. Atty. Rogers replied
no.
Motion passed by unanimous consent.
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KENAI CITY COUNCIL
APRIL 6, 1983
Paqe 6
C-10 Resolution 83-46 - Awarding € Contract for Construction of
Airport Security Fencing - 1983 to Alaska Fence Company -
$157,497.70
MOTIONS
Councilwoman Glick moved, seconded by Councilwoman Bailie,
to adopt the resolution.
PUBLIC COMMENTS
1. Bob Engleheart, Peninsula Fence. They are less than 1%
higher, they are a local company. They feel they qualify
under the ordinance for local preference. They shop here
and are residents here. There were 5 different schedules,
they were low on others, and less than 1% higher on the
total. They will be around for work repair also.
MOTION, Amendments
Councilman Wagoner moved, seconded by Councilman Measles, to
amend the resolution to reaps change the name in the titl
from Alaska Fence to Peninsula Fence and change the total in
the title from $157,497.70 to $159,006.90. Also, make the
some changes in the NOW THEREFORE paragraph.
Finance Director Brown said he and Airport Manager Swalley
had spoken to FAA. They could not go with the high bid,
this is mostly FAA money. He suggests we go back to FAA.
Mr. Swalley explained if we go to the high bidder, we
will have to make up the difference. FAA does not recognize
local preference.
MOTION, Amendments
Councilman Wagoner moved, seconded by Councilman Measles, to
amend the resolution to adds "WHEREAS, Ordinance 695-81
allows local preference in bidding" after the 3rd WHEREAS.
"F After a recess, the motion was withdrawn.
MOTION, Withdrawals
Councilman Wagoner moved, with consent of second, to
withdraw the amendment.
MOTION, Amendments
Councilman Wagoner moved, seconded by Councilman Measles, to
amend the resolution to delete all reference to Alaska Fence
and put in Peninsula Fence. Change the amount from
$157,497.70 to $159,006.90, In addition add after the 3rd
.. WHEREAS, Section F of the Kenai Municipal Code 7.15.040
allows the City to accept the bid most advantageous to the
City.
VOTE, Amendments
Motion passed unanimously by roll call vote.
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MOTION, Tables
Councilman Wagoner moved, seconded by Councilman Wise, to
table action till the April 20, 1983 meeting.
Motion passed by unanimous consent.
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KENAI CITY COUNCIL
APRIL 5, 1983
Page 7
C-8 Resolution 83-44
NOTICE OF RECONSIDERA110Ns
Councilman Wagoner gave Notice of Reconsideration for
Resolution 83-44 for the April 20, 1983 meeting.
C-11 Resolution 83-47 - Request to Legislature to Defeat SB-115
and HB-200 res Rights of Peace Officers
MOTIONS
Councilwoman Glick moved, seconded by Councilwoman Bailie,
to adopt the resolution.
There was no public comment.
MOTION, Amendments
Councilman Measles moved, seconded by Councilman Wagoner, to
amend the resolution in the NOW THEREFORE paragraph,
delete lines 8, 9, 10 and the words "employee group, and
further" in line 11.
Police Chief Ross explained, initially this was to ensure
defeat. It is no longer necessary to do this. He has been
to Juneau as a representative of the Alaska Chief's Assoc.
He will be asking each department to set up guidelines.
VOTE, Amendments
Motion passed by unanimous consent.
VOTE, Main Motion as Amendeds
Motion passed by unanimous consent.
Councilman Wise asked that copies be sent to the Peninsula
delegation.
Council agreed to the request.
C-12 Resolution 83-48 - Accepting a Deed of Release from FAA for
Parcel of Land Lying Within SW 1/4 of Section 33
MOTION:
Councilwoman Glick moved, seconded by Councilman Wagoner, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-13 Resolution 83-49 - Transfer $800 for Membership Dues and
Other Misc. Expenses for City Manager
MOTION:
Councilman Measles moved, seconded by Councilman Wagoner, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
KENAI CITY COUNCIL
APRIL 6, 1983
Page 9
C-14 Resolution 83-50 - Transfer $45,252 for Meta: Siding on
Existing Airport Terminal Building
Is Change Order #3 - Airport Renovation - Metal Siding -
$57,097
II Change Order #3 - Airport Renovation -Exterior Painting
$7,491
MOTIONS
Councilman Ackerly moved, seconded by Councilman Measles, to
adopt the resolution.
There was no public comment.
a } Public Works Director Kornelis said we can leave the outside
as is or add metal siding. This is 18 gauge metal If we go
metal we need a transfer, if we repaint, a transfer is not
necessary.
MOTION, Postpone:
Councilman Wise moved, seconded by Councilwoman Glick, to
postpone action till we discuss the change order.
Motion passed by unanimous consent.
Councilman Wagoner said regarding patching the large holes
and cracks. The only ones he saw have been put there by the
contractor during construction. The stucco has hair line
cracks that are hard to repair. Councilman Ackerly asked if
the new portion is larger than the old. Public Works
Director Kornelis replied they are about the same.
Councilman Ackerly asked, what did it cost for the new part?
Airport Manager Swalley said they did not have exact
figures, but the architect rejected $56,000 for siding on
the original. Mr. Kornelis said he thought the painter saw
the large holes. Councilman Wagoner said the stucco has
been there for 16 years, it is in good shape. Paint would
be cheaper and just as good. It will last another 16 years.
We are havinC many change orders that are clipping into the
parking lot funds. He is dismayed that the City was not
notified that there are no funds for the outside.
Councilman Ackerly said there is a lot of metal in the
entrance. Will that be taken care of, it should be painted
also.
MOTION, Postpone:
Councilman Wagoner moved, seconded by Councilman Wise, to
postpone Change Order #3 and Resolution 83-50 till the
April 20, 1983 meeting.
Motion passed by unanimous consent.
D. MINUTES
D-1 Proposed Jail Facility, March 3, 1983
Mayor Malston said this was for information only.
D-2 Regular Meeting, March 16, 1983
Minutes approved as submitted.
KENAI CITY COUNCIL
APRIL 6, 1983
Page 9
D-3 Partial Translation, Regular Meeting, March 16, 1983
Mayor Malston said this was for information only.
E. CORRESPONDENCE
None
F. OLD BUSINESS
None
G. NEW BUSINESS
G-1 Bills to be Paid, Bills to be Ratified
MOTIONS
Councilwoman Glick moved, seconded by Councilman Ackerly, to
approve the bills as submitted.
Councilman Wise said he asked some time ago for engineering
on Section 36 water do sewer line.
Motion passed by unanimous consent.
G-2 Requisitions Exceeding $1,000
MOTION:
Councilwoman Glick moved, seconded by Councilman Wagoner, to
approve the requisitions as submitted.
Councilwoman Bailie said she thought we ordered a sweeper.
Public Works Director Kornelis said it is out for bid, but
they hope to sweep the 2nd time. It needs it now.
Councilman Wise asked why did we need the tires? Mr.
Kornelis replied, some are for summer, some are replacement.
Councilman Wagoner ssked about the pool table for the Senior
Center. Where will it go and what is it? Senior Citizen
Coordinator Porter replied it will go in the lounge area.
Councilman Wagoner asked that the pool table be set out of
the other items for vote.
MOTION. Amendment:
Councilwoman Glick moved to approve the requisitions
exceeding $1,000, with the exception of the pool table.
There was consent of second.
Motion passed unanimously by roll call vote.
MOTION:
Councilwoman Wagoner moved, seconded by Councilwoman Glick,
to approve the requisition for a pool table.
Councilman Wagoner asked who selected the pool table?
$1,900 is a lot. Mrs. Porter replied, she has been pricing
pool tables and this was one of the least expensive.
Councilman Wise asked if this is installed. Mrs. Porter
replied yes, this includes the cues and balls.
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KENAI CITY COUNCIL
APRIL 6, 1983
Page 10
VOTE (Passed):
Yes: Bailie, Glick, Measles, Wise, Malston, Ackerly
Not Wagoner
G-3 Ordinance 848-83 - Increasing Rev/apr,"i in Jail
Special Revenue Fund by $6,500 as a Result of Contract Increase
from State of Alaska
MOTIONS
Councilwoman Glick moved, seconded by Councilman Ackerly, to
introduce the ordinance.
Councilman Wise asked, if we do not have bed space, how are
we getting increased cost? Police Chief Ross replied, there
is a lack of bed space in Anchorage.
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Councilman Wise asked, what kind of prisoners are we
holding? Chief Ross replied, the overcrowding is mainly the
rea_it of not being able to send out pre -trials. We are
holding everything for pre-trial. Councilman Wise asked if
felony offenders are in the some cell with murder suspects.
Chief Ross replied no.. They have an isolation cell. He
added, this is the only Superior Court for the Peninsula and
the other side of the Inlet. The only time they hold them
is during trial, but after conviction they have trouble
getting them out righ% away. It may be 2 or 3 days. City
1 Manager Brighton noted the jail is not operating under a new
policy, it is the same as it has always been.
G-4 Ordinance 849-83 - Increasing Rev/Appns by $270 as a Result
of Donation for a Combination Stretcher Chair for Kenai Fire
Department Ambulance
MOTIONS
Councilman Wagoner moved, seconded by Councilman Ackerly, to
introduce the ordinance.
Motion passed by unanimous consent.
Mayor Malston noted for the record this $270 was donated by
A' Mr. and Mrs. Mishou. Councilman Wise asked that an
appropriate letter be sent.
--- G-5 Ordinance 850-83 - Increasing Rev/Appns $12,950 and
Transferring additional $21,265 in Senior Center Capital
-- Project Fund for Paving of Parking Lot
T MOTIONS
i Councilwoman Glick moved, seconded by Councilman Measles, to
introduce the ordinance.
Motion passed by unanimous consent.
G-6 Ordinance 851-83 - Dedicating the Use of Tract B, Park View
r Subdivision, for Purpose of Constructing a Shelter for
Battered Women
MOTIONs
Councilman Wagoner moved, seconded by Councilwoman Glick, to
introduce the ordinance.
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KENAI CITY COUNCIL
APHIL 6, 1983
Page 11
Motion passed by unanimous consent.
G-7 Ordinance 852-83 - Creating a New Commission Entitled
"Advisory Library Commission" by Enacting a New Title 24 to the
Kenai Municipal Code
MOfIONs
Councilwoman Glick moved, seconded by Councilman Wagoner, to
introduce the ordinance.
Motion passed by unanimous consent.
G-8 Discussion - HEM and LACK Projects - DEC Funding
Public Works Director Kornelis said this was placed on the
agenda originally because he was thinking of postponing the
bid date. He wanted to point out the clause that costs
incurred more than 120 days prior to date of grant offer are
not eligible for 50: reimbursement. Councilman Wise asked
if this was a DEC grant or would it go to the Legislature.
Mr. Kornelis replied both. We are on the priority liet.
Some projects have been bumped. SB-150 was $28 Million, the
Governor's budget was $259 *-!;llion. SS-162 is $251 Million.
Councilman Wise noted 58-162 has been passed but has gone to
the Governor without a date. Mr. Kornelis said HEM 6 LACK
are not in SO-162. S9-150 is a supplement to DEC. We are
in the DEC supplemental bill. We are on the list, not
because of the Legislators but because DEC knows we have the
projects engineered. City Manager Brighton explained we have
a 120 day period requirement with DEC, we have a 60 day
period in the contract. We hope this will give us enough
time and we decided to go ahead. Councilwoman Glick asked,
if the Legislature passes the bills without effective dates,
they will become effective 90 days after the Governor signs,
does this cover us? Mr. Kornelis replied, the contract says
their bids are good for 60 days. With mutual agreement they
can go longer. He wanted to make sure after they bid the
project that funds would be eligible. They will bid the
project, but not award till they are sure. They will lose
some engineering design work because it will go beyond 120
days, but one of the reasons we got the funds was because we
were ready for the project.
G-9 Discussion TAMS - Small Boat Harbor - Financial Analysis and
Outline Design - $135,600
City Manager Brighton explained he has tried to compile the
engineering work done for Council's information. The
V�V_ __contract with TAMS Vjq .444T888, with CH2M Hill was $65,000,
€hen TAMS was $83,000, now there is another one for
$135,000. The work done on each contract is listed. Harbor
Commission Chairman Williams spoke. The Harbor Commission
asked Council to enter into a contract but have not
suggested $ 135,000 was the actual figure. Mr. Brighton
asked Council to determine if we have already performed
services TAMS proposes. Councilman Wagoner said this will
give us work that was supposed to be done before, the other
contractors were dismissed because it was not done. Mr.
Brighton said this is in the packet for review and will
_probabl.y__be in the April,49-packet. We are looking at a 3
> year total of close to $1/2 Million and don't have anything.
Councilman Wagoner noted we have some preliminary
engineering for a boat ramp, grids, the entrance is
complete. The most important thing is questions have boor,
answered on whether or not we can build a boat harbor.
i
KENAI CITY COUNCIL
APRIL 6, 1983
Page 12
Chairman Williams said the Harbor Commission felt we should
discount anything CH2M Hill said as it is not adequate.
The Commission then contracted TAMS for the hydrology study.
It is not complete but will be in 60 days. During that time
we contracted with TAMS for a bluff erosion study, that is
complete, inrlt:ding retredial measures on bluff erosion.
Regarding the Present contract, it has long been the desire
of Council to see if a harbor is feasible. We have also
been asked to furnish financial benefits, TAMS is now doing
this. There are major redundancies in the CH2M Hill study,
we cannot help that. This contract is a continuation of the
former contract. It is funded, the Commission is not asking
for money, only for approval. It was the intent of the
Commission to have the boat ramp completed for this year, he
has now been told it will be Sept. before we can start. Mr.
Brighton said Public Works is now involved with this, they
have made recommendations to TAMS. Public Works Director
Kornelis said he became involved with the Port Facilities
rant. Chairman Williams said after 4-1/2 years and
500,000 we have 2 sets of documents and no cement. Mr.
Brighton noted TAMS has our Corps permit and they have asked
the Corps to alter the permit to accommodate the project, it
has not been approved yet. Chairman Williams said he
received a letter stating they had no objection, so it is
on the horizon. Councilman Wise asked if he would consider
getting a boat ramp under EDA and other monies? The State
will not fund CIP in the near future. Councilman Wagoner
said Senator Stevens said there is no money for boat harbors
from the Federal Govt.
G-6 Ordinance 851-83, Reconsideration
NOTICE OF RECONSIDERATIONS
Councilman Wise gave Notice of Reconsideration on Ordinance
851-83 for the April 20 meeting.
Atty. Rogers explained this is contingent upon them building
within 3 years. If it is not done there would be a
rededication for other purposes. He suggested it would be
cleaner to release the property with condition to perform
with reverter clause. If they don't, the City takes back
the land and can sell to someone else. He will bring an
amended ordinance to the April 20 meeting.
WITHDRAW NOTICE OF RECONSIDERATION$
Councilman Wise withdrew his Notice of Reconsideration.
G-10 Change Order 05 - North Kenai Spur Water & Sanitary Sewer
Public Works Director Kornelis explained this Is the end of
the water & sewer contract. The actual contract was $1,000
less than authorized by contractor, so we came close. This
is the method of zeroing out. Also, there are 2 ways of
trench excavation. It made a difference of $1,500. He
recommended paying the extra $1,500. He also received
$3,000 credit for the lift track system. He hopes to have
a new system soon.
MOTIONs
Councilman Wise moved, seconded by Councilwoman Bailie, to
approve the payment of $1,570.
Motion passed unanimously by roll call vote.
KENAI CITY COUNCIL
APRIL 6, 1983
Page 13
G-11 Inspection £ngi�ieer_ng Contract (Wince,CorthelI, Br
LACK Project
G-14 Inspection of Engineering Contract (Mike Taurial.nen
Project
City Manager Brighton requested that these items be
discussed at the same time. He explained they do not have
to be approved at this time. He asked that Council look at
the fees for both. M. Tauriainen is considerably higher
than Wince, Corthell, Bryson. He asked that they also look
at the total cost of inspection on both projects. He will
ask Council to consider at the April 20 meeting. He would
like to hire an engineer for both projects, it would be a
substantial savings. Councilwoman Glick asked if he could
do a cost run of what it would cost for an engineer and
helper, and testing. Councilman Ackerly added, make sure we
get the same coverage. Mr. Brighton noted, the surveying is
not included. Councilwoman Glick asked if the engineer and
helper are on contract or on the payroll. Mr. Brighton
replied they are just on specific jobs and paid from those
jobs. Finance Director Brown explained if we limit
employment to 6 months they only get workman's comp.
MOTION, Postponements
Councilwoman Glick moved, seconded by Councilman Wise, to
postpone action on items G-11 and G-14 till the April 20
meeting.
Motion passed by unanimous consent.
G-12 Approval of Single Audit
MOTION$
Councilman Wise moved, seconded by Councilman Ackerly, to
approve the request.
Councilwoman Bailie noted in the letter from Peat, Marwick do
Mitchell, paragraph 4, the fees will not exceed $5,000. Then
the final sentence says the fees will be adjusted
accordingly. Finance Director Brown agreed, it does let
them out. Last year they had the same phraso and they
billed the City $10,000. He car► amend this. The reason for
it is there is substantial amount of time with DOT working
out a plan.
Motion passed by unanimous consent.
G-13 Assignment of Lease - Roth/Pitts
MOTION:
Councilman Wise moved, seconded by Councilwoman Glick, to
approve the assignment of lease.
Motion passed by unanimous consent.
G-15 Ordinance 853-83 - Increasing Rev/Appns - Walker Extension -
$71,000
MOTIONS
Councilman Wagoner moved, seconded by Councilman Measles, to
introduce the ordinance.
I
s -
KENAI
CITY COUNCIL
APRIL
6, 1983
Page
14
Puulic Warka ✓ia'ectar %arnelia explained the developer to
anxious to get started. He will pay for Portlock, he has
asked the City to pay for the extension. The City owns the
property at the end of the cul de sac.The ordinance says the
have to be in before final_. -
,improvements
He wants paving, curbs, water & sewer to
ev va-t
tie into his street. The extension is $71,000. These will
P
be 2 different projects, we have to approve both. We would
r- �
be supervising the project. They do not have to be awarded
to the same contractor. We will not take the cul de sac
y�c
out, but break the curb and extend the road with a turn
;& e,
around. The developer has proposed leaving a manhole with a
� V.
grate.. We are reviewing this. City Manager Brighton said
he has asked to have the real estate on the Daubenspek
abutting Walker platted for residential lots, with Council
approval. Councilwoman Glick noted there will be an
unsubdivided piece. Mr. Brighton replied, it is available
to street, sidewalk, water h sewer and is available for
residences. The rest could be used for many uses. Land
Manager Labahn explained, he has asked for bids. P&Z will
review at their next meeting. We may want to look at some
kind of access to Daubenspek from Walker. Councilman
Wagoner said he is in favor of having the whole 10 acres
platted for residential. You won't get much commercial
there. Mr. Labahn said we would ask for a preliminary for
the whole area and move forward and finalize the area
adjacent to Walker. City Manager Brighton suggested we plat
in relationship to $71,000.
VOTE
Motion passed unanimously by roll call vote.
H. REPORTS
H-1 City Manager
City manager Brighton spoke.
1. He noted the request from the Beautification Committee
in the packet.
2. He consented to cancel the lease on the Stoehner clam
processing plant effective Dec. 30, with Council approval.
MOTION:
Councilwoman Glick moved, seconded by Councilman Wagoner, to
terminate the lease of Stoehner in Etolin Subdivision
effective retroactively to Dec. 30, 1992.
VOTE (Passed):
Yes Bailie, Glick, Measles, Wagoner, Wise, Malston
Nos Ackerly
3. Councilman Wagoner said, regarding the Beautification
Committee request. He didn't feel any commission or group
should have the authority to hire or supervise employees
;j paid by City funds.
KENAI CITY COUNCIL
APRIL 6, 1983
Page 1>
MOTIONS
Councilman Wagoner moved, seconded by Councilwoman Glick,
that any funds allocated by the City of Kenai for the
purpose of beautification will go through the Recreation
Commission. Employment will be supervised and hired by
Administration.
Motion passed unanimously by roll call vote.
4. Councilwoman Glick asked regarding the Stoehner lease,
were they current up to Dec. 30? There were problems in the
past. City Manager Brighton replied, there have been
problems. The reason he consented was he felt it was not
productive to hold when they were not going to do anything
with it, They have another lease they are trying to sell.
The City can hold on that till all debts are paid. Finance
Director Brown said they owe about $800. He added, they are
possibly contesting the other lease and there may be a
problem. It is under a different name.
H-2 City Attorney
Atty. Rogers spoke.
Regarding the gym floor. A letter was mailed March 23 to
the engineer. The individual was paid for the inspection.
After reviewing the file, there were certain oral
implications of defect and there was to be correspondence.
Atty. Rogers requested the engineer send any correspondence
he may have, none has been received. Councilman Wagoner
said regarding re -nailing and laying new floor. He would
like to see a guarantee in writing. It may cost more, but
the floors should come out and we should start over. Atty.
Rogers said they will constitute a danger in the future,
they don't now. His suggestion is to get an appraisal to
see if the deficit is extensive enough to require
replacement.
NOTIONS
Councilman Wagoner moved, seconded by Councilman Wise, to
direct Administration to come back with recommendations for
past submittal received of change order or what kind of
guarantee they will give us.
Notion passed by unanimous consent.
2. Atty. Rogers noted the information on the Oolchok
-°i litigation in the packet. The encumbrances have been
cleared, the plat will be filed. A litiyation report will
be requested by the Land Manager, then we will have the land
swap.
l 3. Regarding the Bussell lease. The legal opinion is
there were representations on airport use that were not in
the lease. He did not agree with the opinion. There is a
substantial amount owing, about $8,000. The lease could be
terminated on that basis. If no, he may go to litigation.
4. Regarding SB-67, utility relocation. A letter was sent
in behalf of HEA, they are pushing fryr the bill.
5. Regarding the Cable TV bill and the companion bill in
the U.S. Senate. All we can do is sit on the sidelines at
this time.
KENAI CITY COUNCIL
f APRIL 6, 1983
j Page 16
6. There has been one satisfaction on judgement, they were
in arrears for 2-1/2 years. There have been 2 more lawsuits
on back leases filed. He has a problem with a number of
bankruptcies. He has consulting fees in this budget to hire
an Anchorage representative for hearings that are short. It
is not productive for him to go up there.
7. May 1 to May 6 he will be in seminars on construction
contracts from the owners basis and cable TV.
H-3 Mayor
Mayor Malston spoke.
1. City Manager Brighton, Atty. Rogers and Mayor Malston were
invited on a tour of Multivisions. He was impressed with
the facilities. They claim they will start construction on
the facility in the summer. They will be on the air between
Sept. and November.
2. Mayor Malston noted the letter from DOT regarding the
time zone changes.
I MOTIONS
Councilwoman Glick moved, seconded by Councilman Wagoner, to
go on record that Council supports the time zone changes.
Councilman Wagoner said the people in Nome are 3 time zones
away from Juneau. It is like Washington O.C. going on Rocky
Mountain time so we can work together. Councilwoman Glick
noted Alaska is a state. Councilman Measles said he could
see nothing to be gained by the change. It won't make
anything any closer. Councilwoman Glick said when you want
to contact the legislators you have to get on the phone
early.
VOTE (Failed)s
Yess Bailie, Glick, Wise
NCO Measles, Wagoner, Malston, Ackerly
3. Regarding the memo in the packet on Commission and
Committee appointments. He would like Council to review it
and come back to Him or Clerk Whelan with suggestions for
committees. Clark Whelan has a form for recording of
volunteers.
A Council representative is needed for the Recreation
Commission. Mayor Malston suggested Councilwoman Bailie.
Council agreed to the suggestion.
4. Budget work sessions should be started. Mayor Malston
suggested April 21 and April 229 7sOO to 10s00. Council can
set the dates for the next ones at that time.
Council agreed to the suggestion.
Clerk Whelan was asked to set up the work sessions.
5. Mayor Malaton will be out of town from April 7 to
April 20. He will return at 700 PM April 20. Vice Mayor
Measles will be out of town at that time.
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KENAI CITY COUNCIL
APRIL 6, 1983
Page 17
MOTIONS
Councilman Wise moved, seconded by Councilwoman Glick, to
schedule the April 20 meeting to begin at 8:00 PM.
Councilman Wagoner noted there is no guarantee the Mayor
will be back by 8s00.
VOTE (Passed):
Yess Bailie, Glick, Measles, Wagoner, Wise, Malston
Nos Ackerly
H-.1 Clerk
Clerk Whelan said she had ,just returned from a seminar in
Anchorage. She will submit a written report in the next
packet.
H-5 Finance Director
Finance Director Brown referred to the memo from the
1 Beautification Committee. That is not true, there is no
( money available. Mayor Malston said he would like to see
something get started this Spring. Councilman Wagoner said
the grass strip needs work, It was designed for the Highway
Dept. to pile snow and remove. We need to know what the
State has in mind. City Manager Brighton said Recreation
Director McGillivray will have a report later this date.
Councilwoman Glick said there may be money available in the
Recreation Dept. We should allow the City Manager To make
the decision.
H-6 Planning do Zoning
None
H-7 Harbor Commission
None
H-8 Recreation Commission
Recreation Director McGillivray reviewed the memo dated
April 6, 1983 on the Beautification Committee and Park View
... S/D. The Ist summer the Beautification Committee is looking
_ - at the Green strip from the Katmai to Kenai Supply. They
have submitted a budget for next year. Mr. Wisniewski said
- he would like to see it started by May. He did not know the
�. budget would not start till July. The Recreation Commission
recommends approval. We could make some of their money
available for their use. They are aware that hiring would
be by Mr. McGillivray. The bulk of the request is for
salaries. Mr. Wisniewski wanted to start May 14, right
after the City Clean -Up. Schoul is not out by then, we may
not have the money available. Mayor Malston suggested if we
could just have fertilizer, water and cutting in the green
strip, it would help. Mr. McGillivray said this was
discussed, he recommended fertilizer first. We have mowed
it in the past, but not fertilized. Mayor Malston suggested
there may be volunteers in the City that may help with the
green strip. He added, one of the requests of Council was to
have water available for the green strip when it was built.
Public Works Director Kornelis said there is a water
*aunt-&+w on the green strip. Councilman Wagoner said thb
zw
KENAI CITY COUNCIL
APRIL 6, 1983
Page 18
strip between the sidewalk and the street - nothing will
grow there. Mr. McGillivray said he would submit a report
at the April 20 meeting.
H-1 City Manager Report (Addition)
City Manager Brighton said he has received a Legislative
report that the utility relocation bill may be going down
the tube.
The important bill was HB-304 regarding wage rates on public
construction. It would have a substantial effect on us.
Councilwoman Glick said Municipal League has referred to
this.
Atty. Rogers said HB-274, regarding exemption of cable TV
from regulations. He asked Council to get any information
they can on that. He didn't think it was in our interests.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1. Councilwoman Glick asked why did Council get a letter from
Rep. Cowdery regarding bid procedures? City Manager
Brighton replied he did not know.
2. Councilman Wise asked if the Bielefeld lease will be at
j the P&Z next week. Land Manager Labahn replied we do not
have an appraisal, he has not filed a concept lease.
Councilman Wise said the Resource center should have their
lease application at P&Z also. Councilwoman Glick said at
the Council meeting she had said there are procedures we
should follow. Also, when Administration asked for the
appraisal, did he go by the lot lines as stated by Mr.
Bielefeld? Mr. Brighton replied yes.
3. Councilman Measles asked for excused absences for the
next Council meeting and the let 2 work sessions.
Council agreed to the request.
ADJOURNMENT
Meeting adjourned at 12s20 AM.
Janet Whelan
City Clerk
AorRoM By C=NM
y-,10-83
DA1g C
CITY OF KENAI RE:CULAR COU14CIL MEETIN.:
APRIL 6. 1983
VERBATIM
C-5 Resolution 83-41 - Special Election fut Purpose of Amending
Section 7-3 of Charter - Dele'.ing Limitation of Special
Assessment Levies to 25: of Fair Market Value of Property
Mayor Malston - Came before us without a date, if anyhody, if
there is no objection we could put the date in right now and
(inaudible) from then on. Is that satisfactory?
Clerk Whelan - Yes.
Mayor Malston - This date is June 7th,
Resolution of the Council of the City of Kenai, Alaska providing
for the submission to the qualified voters of the City of Kenai
at a special election to be held on June 7, 1983 for the purpose
of the question of amending Section 7-3 of the Charter of the
City of Kenai, Alaska by deleting a limitation of special
assessment levies to 25% of the fair cash market value of the
property. Councilman Wagoner.
Councilman Wagoner - Move for adoption of Resolution 83-41,
seconded by Councilman c er y. '
Mayor Malston - Moved and seconded. Anyone in the public wish to
be heard on Resolution 83-41?
Ruby Coyle - Yes. 1 would like to as a few questions on 83-41.
Maybe I'm not quite understanding this and I would like for it to
be explained. Does this mean that there changing whereby that we
can say an assessment district carry that to 100% value of the
property. Is this what we are slaying?
Mayor Malston - Yes, Ruby, but that object of it is basically a
single owner piece of property that wished the development of
water and sewer and wished to pay for it under the Charter at
present cannot do (inaudible) we can only them 25%. The purpose
of this is so that we can give them water and sewer when they are
willing to pay for it.
Ruby Coyle - Then, Mr. Mayor, I would ask this question. If you
can put streets, sidewalks, water and sewer in for 100% of the
assessed value of the property, then the property has no value
does it? I don't think this is the right way to go.
Mayor Malston - Answer that Tim?
Attorney Rogera - Charlie can answer better than I. Basically
what we are talking about is 100: of the value of the property
with the assessments, with the improvements
1
1 'EI
E-M
r;
3'
i .
R -
Ruby Coyle - Including the assessments. The value of the
property
Attorney Rogers - Including the assessments
Ruby Coyle - This is what I want, I want the formula of what we
are doing here, that's what I can't understand.
Finance Director Brown - I don't believe we're after assessments
100: of the value of the property, what we are after is assessing
100: of the cost (inaudible). I believe, unless some state
statutes says otherwise, if we delete this section of the charter
we can assess 100% of the cost and it would seem very, I don't
believe that has any restriction at all to property value.
Attorney Rogers - It has no relevance
Ruby Coyle - Well, Mr. Mayor I might give this as an example. I
remember when they put in the water and sewer line coming by the
new high school and coming into the City of Kenai and those
people out there were assessed for the improvement more than
their property was assessed for and they took it to court and by
having this 25% limitation, they could only charge them that
much.
City Manager Brighton - May I, Mr. Chairman, from a practicable
standpoint let me address it for just a minute. We had several
requests for special assessments for water and sewer projects and
those requests were for areas in which there had been no
improvements made it was just the raw land. With the 25:
restriction of the appraised value of the property. it meant
that what was going to happen under that special assessment
situation was that the City was going to have 75: of the cost of
that project. What we are trying to do is to put ourselves in a
position where if an individual has 10 acres on which there are
no improvements on which he can get a special assessment district
that will not cost the overall taxpayers for the putting those
improvements in that's what this particular item addresses. As
an example, if the person's got, this is just hypothetically say
he's got 10 acres there are no improvements on it, water and
sewer is available by the property but he wants to develop a
whole 10 acres for residential construction or for whatever
purpose. With this amendment we will be able to sell the bonds
and the cost of that project will be put back to the property
that was benefited and they will have to pay the cost instead of
the taxpayers having to pay 3/4s of the cost of that improvement
project, and I hope I haven't (Ruby: No you haven't confused me),
more confused you.
Ruby Coyle - But now let me give you a for instance. For
instance there was an assessment district set up let's say along
Beaver Loop Road or some other place and maybe part of the people
might want it and part rf the peoples rnighL not and if they get
assessed 1000a valu4; on some of the property that's why the 25%
was put in there in the first place was to protect the
homesteader, I think, which at that time there were 42 of them,
there are still quite a few of us left in the City, so that it
wouldn't cause us to have to sell our home, and our shoes and our
coat and leave town.
City Manager Brighton - This amendment is primarily directed at
an individual who owns all of the property that is to be
improved as opposed to going down the street where there is a
home, a vacant lot, a home, a vacant lot as opposed to that type
of situation. In that situation you need 51% of the property or
the people.
Ruby Coyle - the assessed value of the property
City Manager Brighton - Yes.
Mayor Holston - No, not the value of the property
City Manager Brighton - 51: of the people would have to approve
before the assessment could be levied.
Ruby Coyle - There are two different things if you read it Mr.
Mayor
City Manager Brighton - property and people
Ruby Coyle - I haven't read it recently but you know a similar
not exactly this, but a similar item like this with some
additions which tried to change the charter once before and I
would tell you people we beat it by 3/49 percent at the polls so
hopefully we can do it again
City Manager Brighton - Ruby let me just add one thing. In the
City of Soldotna this is exactly the way they are developing all
the real estate in Soldotna is by 100% assessment on the property
of the benefited property and what's happening is that the
property that's being benefited is paying for the cost of those
improvements and we're told, and we're convinced, I'm convinced
and I think the Council probably is too, that that's primarily
the reason there is as much development going on in Soldotna as
there is and we're handicapped from a developer's standpoint in
that we can't do it. Our only alternative is to put 3/4s of the
cost of that is to come up with taxpayers' money to put it in but
we don't feel that that's fair for everybody concerned we think
3
r€i
thin is the best way for everybody concerned, the most
economical way and the way df:signed to create additional
residential development in the City of Kenai.
Ruby Coyle - Well then let's go back a ways. Suppose all the
people have already received it and suppose alot of people
haven't received it so then therefore we taxpayers that have been
here since we've been a city we've help pay for everybody elses'
water and sewer and then we will have to pay 10014 of our own. I
hate to see our Charter changed is what I'm trying to say. We
have a good charter and it's operating pretty good and 1 don't
see unless this could be assured that it would mean for only if
were going to extend if you had a water and sewer line you were
going to extend somebody this year and they wanted it and that
they were willing to and wanted water and sewer one person for 10
acres whatnot then it could be done but be sure the Charter is
worded that way and that it doesn't lead us right down the trap.
Mayor Malston - Ruby, changing the charter would then allow us to
set up the rules by ordinance of how it would be done.
Ruby Coyle - Well my preference is is as far as water and sewer
and have the assessment stay in the ordinance, stays in the
charter cause any Council can change an ordinance, or delete it
or change it, or rectify it, but as long as it's in our charter
they it takes a vote of the people and it should.
Councilwoman Glick - Mrs. Coyle's still talking
Ruby Coyle - Go ahead, did you want to ask me something?
Councilwoman Glick - No I didn't want to ask you a question I was
just going to make a comment but I wanted to let you finish.
Ruby Coyle - No I'm finished as far as that goes that's all I
have to say is I certainly hate to see us fool with the charter
unless we are sure, exactly sure of what we are doing and have it
thoroughly explained to the people before it comes to vote
otherwise I'm sure it won't pass because it didn't pass before
but I will have to admit that there was more than this
(inaudible). I think Mr. Wise can tell you about that, he
remembers.
Mayor Malston - Thank you Ruby. I thought you had a question.
Councilwoman Glick - No, I was just going to comment that in our
previous discussions I think there was some differentiation
between an LID and our current assessment district and I think
Mrs. Coyle alluded to that in that what if, for instance we take
the Candlelight Linwood lane project wherein there is currently
development but yet there was a petition or some consideration of
forming as assessment district there to put in the water and
4
sewer and even to upgrade the street. If we eiiminste this 25%
and just put in a flat 100% for an LID then those people in that
area even though it's a developed area if they wished to have the
City put in a, upgrade them with water, sewer and paving then
they would also fall under this LID or do we have the provision
to go back to this 25% assessed v;iluation this is what you are
saying, I'm trying to get some differentiation here or to at
least clear up the matter of what alternatives we have left.
Attorney Rogers - The charter change if it were changed would
give you the discretionary powers of going up to the 100% you can
then differentiate between local improvement districts and
developer type plans in the Code by changes in the Code then
somehow either put limitations on them there something of that
nature but at least then you have the generic document that would
allow you the flexibility to do what you want with the various
types of improvements in the community under the Code but it's a
matter of giving you more flexibility.
Ruby Coyle - May 1? (Mayor Malston - go ahead Ruby) Then I
would suggest if this being the case leave it like it is put
another paragraph in the Charter for just what you have said for
developers, leave the rest of it like it is for regular
assessment districts, and then put another, put an addition to
our Code which you can do by vote of the people for such things
as what we've been talking about, what Mr. Brighton is just
explaining and what Betty just explained rather than changing the
25% for the assessment districts where there is slot of people if
it's a special development for 10 acres (inaudible) that you are
sure that's going to be developed water and sewer and there is
going to be buildings on each one of those to increase our
assessment roils for our taxes. You follow what I'm saying Mr.
Mayor.
Mayor Malston - I'm trying to see if there is anybody else that
wished to be heard on this? Waldo.
Waldo Coyle - My name is Waldo Coyle, the other half of that
family. When this 25% was put in there Hank Nackstoad was on the
Charter Commiaelon and insisted it be put on there to prevent
some ambitious City Council of burdening the City with more than
they could possibly stand. The way I understand this if you take
the 25: out then there is no restrictiono whatsoever as to how
much you can put in or how much you can burden the City with.
There has to be a limitation of some kind or I won't go for it.
Thank you.
Attorney Rogers - The limitations is on the indebtedness the City
can incur really. It's putting the burden on the individuals who
want the improvements. It's just the opposite as was previously
stated.
5
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A
Jackie Russell - I'm Jackie Ruosell and I'm hc-re because I think
that what you are trying to do is develop the City and what I
think will happen if this particular ?5: tamse vieey on the ballat
that's exactly what Ruby is sayiny - it will be defeated and I
think that her alternative is more worthy of your consideration
r and I think it will be better received because I believe that
this election sayiny the 25% will be misunderstood by the public
and I do think there is alternative by adding another change to
the Charter and wording it specifically for what it is that you
hope to accomplish.
Mayor Malaton - Anyone else in the public wished to be heard?
Dick Mueller - I'm Dick Mueller and I think that a change of some
sort needs to be made. I do not think it is bad to assess the
property for 100: of the cost of the project, irregardless of
the value of the improvements. The 100: as I understand it, is
of the cost of the improvements, or of the cost of the
construction project being proposed and it has to be approved by
the property owners at least 51% and the percentage could be
_ changed by charter or by statute. Unless we are satisfied to be
a suburb of Soldotna, we had better change something. Thank you.
City Manager Brighton - Mr. Chairman, I may stand corrected by
Council, but it was from the Administration's standpoint, it was
our intent that in order to get a developer the money necessary
in order to develop a large tract of land, this was necessary.
It was also the intent of the Administration to, if we could be
successful with getting the people to vote this amendment in,
that there would be restrictions from an ordinance standpoint to
eliminate what Ruby and Waldo and Jackie have addressed.
--- However, I would think that we could amend this particular
situation so that an LID would be described as that 100% of a
developer wanting to develop 10 acres on which there are no
improv�,ments could handle the 100: but the 25: could remain to
protect those people in areas where individuals might went a
petition to take care of the area where there is a residence and
a vacant lot and a residence and a vacant lot. Could that not be
done, Counselor?
Attorney Rogers - In the Charter?
' City Manager Brighton - You
Attorney Rogers - It could be.
Mayor Malston - Councilman Wagoner?
Councilman Wagoner - Old cliche says that it is a wise man that
-- takes the path of least resistance. I'd like to ask for a recess
at this time so that I might talk to the City Attorney and City
Manager and maybe go off and postpone this until later, because I
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did osy the same thing to therm as HUby said. I felt that we'd
got a lot of resistance from the community and I still think the
way to go is to put smother paragraph in the Charter. It would
be 7.7 and it would allow through the Charter to allow us to drzo
up an ordinance and specifically out out what could and er-jidn,'t
be done with the local improvement districts and even to '
point that Ruby was eluding to which I already thought nbouG.
If we go out and gall bonds and that contractor has to devel.o�)
and he has to dispose of that property at a certain time, if he
hasn't disposed of it then he is himself liable to pay off the
bonded indebtedness the City has incurred on his.behalf in helping
him develop that property. I still think that's the best way to
do it. Because I think it would have a batter chance of passing
and I think we need to get something passed and underway. If we
eit hone and argue with Ruby and Waldo and other people in the
community about the feet that this is or isn't the right way to
go we get to ways to go. I feel the path of least resistans;e is
our boat path becauao we have the boat chance of getting it
puahed through.
Mayor Malston - Councilwoman Bailie?
Counciiwoman Sailia - I think people need to understand exactly
what we trying to do. Maybe I'm mistaken here, but I'd like to
suggest that in regards to the 25% limit or the 100: cost of the
assessment could actually be the some figure. 1 think what
people need to realize in the situation of 25: of the appraised
value of the lot in some inotancoo could he the same cost as what
the costs of the improvements to the lot would have been. It
isn't necessarily that we are going to be charging 100: of the
appraised value of the lot. Not necessarily, no. Depending upon
- what we went right now, is if we want with the 25e assessment
district, as it stands now, the City would be paying up front
money for this assessment district. Your tax dollars, that what
you quid you want. If we go with the 100: cost of the LID like
they are doing in Soldotne, then we would be allowed to sell
bonds and we would get 100% of that money back. Whereas, with
the aoucsoment diatricte we are only guaranteed 25: of the
asaesaod value of that property back, regardless of how much we
pay out in assessments. What we are saying is, we are guaranteed
- we are doing it for tho benefit of the people of the City of
Kenai to encourage growth. If we go with those assessments in
ardor to sell these bonda, we would get 100% of the money paid
back by the people who own or buy that property. It's working
liko a charm in Soldotna. That's the reason we proposed this
right now, io the way it stands. We've got lots that need to he
developed and expense-wiGe the developers feel they can't do it
and if we were to do it on a City basis, we don't feel that we
can afford it either under the way the Charter stands.
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Mayor Holston Councilwoman Glick?
Councilwoman Glick - Well, along the same lines as Coon
Bailie is speaking, I woul.i jusst any that what we are t
do is establish an LID which is a little different from
anaennment dfatrirt. I think what Councilman Wagoner h
proposed is that rather than deleting this 25% limitati
currently have, just add another section. That gives u
flexibility of providing for an LID or any developed or
wishes to by 51% of the people establish an assessment
can do it. This way, you have two options, the LID - w
saying the reason we doing this is so that some person
acre parcel or more and it's undeveloped land and he needs to
have 100: help or assistance from the City. We also need to have
that other limitation in there because as Mrs. Coyle has pointed
out, and human beings being what human beings are, we could sit
here and say we're never going to do this to the people, but two
or three years from now, there could be a whole different Council
and they could just do something entirely different. AlGo, as
she pointed out, what one Council does with an ordinance, the
next Council can come along and undo. I really think that an
Councilman Wagoner has proposed, rather than deleting what we
have, just to add another section which gives us the flexibility
to establish by ordinance whichever way we want to go which then
would help the LIDS or the large lot developers so well as
letting them tax the assessment districts for already developed
areas that need to have the amenities provided.
Councilman Wise - Ask for the recess Councilman Wagoner asked
for.
Mayor Malston - I was going to ask if there was anyone else in
the public that wishes to be heard. Is there anyone else in the
public that wishes to be heard?
Linda Munstermann - I'm Linda Munstermann, half owner of Horizon
Construction and 1 believe that I probably fed this alligator
it's first real meal. I came before the Council, and thin is
something that 1 don't understand, I rime before the Council and
I said do it do me and charge me for it, I'll pay you. Because
of the 25: Charter limitation, you couldn't do it to me, you
couldn't charge me for it and I couldn't pay you. I qualify in
several areas. I'm a developer, I'm a taxpayer and I own all of
the property that 1 want to do and I'm also a human being as
Betty woo talking about. I don't understand why we can't. We've
seen that changing the Charter isn't going to work. The reason
it isn't going to work is because we have a problem with
educating the public and letting them know that we are not going
to go and create the Taj Mahal and assess them for it. Any time
that you do something like this, when you allow yourself to
eliminate your 25: limitation and put in there that you can do it
people are going to vote against you because they are going to
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vote against you, You have too many options to do it to them,
You really can I)a(Sau(;e it's; within your Charter. If you do add
another, as Councilman Wagoner said, a 7.7 to your Charter,
whercby somebody efoften heof;re yfsq IIkre I did and I bn.lieve that, I
have boon on record. My initial petition (sold that I would be
willing to pay 50:. In my discussion(( with Council 1 also stood
up here and said charge me 100%. 1 own the property, I'm willing
to pay 100%, 1 haven't written your resolutions, but I ouggent
that a resolution or whatever be written to add to the Charter
that if someone cornea before you and number one, is the 100%
property owner, if I come before you and say : awn this property,
I'm going to develop it, I want you to net up an LID and chu;gc
me for it and I'm willing to pay for it, I don't see why there
shouldn't be any provision in the City of Kenai to go ahead and
do that, I'm taking the whole burden of cost on myself and
developing your City and then we don't have to worry about
upoeatting the rest of the public. 1 understand that it is my
property, that, it is my property's value that is increasing rind I
understand that I pay for that, I also understand that
Candlelight, Linwood and all those people are getting those
horrible freebies that they are not paying for. We are a little
after the fact in our discussion of the assessment districts
hare, but at any rate I'm still willing to pay for mine.
Thank you.
Mayor Holston - Is there anyone aloe in the public that wishes to
be heard?
Waldo Coyle - 1 wanted to auk a question. Now did Woudland get
by with it? They built everything out there, including the
streoto and paved them and then turned it over to the City and
hooked into the City lines. There sewer Linea and water lines
wore not adequate so the City had to parallel them.
Mayor Holston - he'll take a short recean.
Councilwoman Glick - to of the current rounlution 83-41 fro that
you could just follow along plvaae. The amendment is to try to
astiofy what the City Council is trying to do and to alleviate
the fear(( of members of the public and rightfully s®. The
paragraph as it is currently stated in the Charter is (stated
here. The amendment would delete the period and the quotation
_ marks after asuossed. You would then add a romma and these words
"except where all ownero of affected or benefited grGpertios
waive the above 25% limitation and agree to accept on a
proportional basin up to 100% of the; coot of improv(ssnentu". If I
can have a second?
4 Councilman Wise - Second.
Mayor Holston - Noved and seconded.
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Courscilwoman Glick - This would then, ass I 64y, leave the Charter
no it in just adding the latitude or flexibility to provide for
an LID which is what we are trying to do. Hopefully, this
amendment would pans, the resolution would peon ass amended and it
io our intention to ask for reconsideration to allow the
Adminiotration to clean up the whereases and to also make sure
that thin particular amendment does mesh. The important thing is
to got the date not for the special election, Other than that, I
won't comment any further,
Mayor Malaton - Prier to the vote on this, I'd like to ask if
there is anyone in the public that wishes to be heard in regards
to the resolution or to the amendment to the resolution.
jotle, Hall, Jr. - I'm :Jena Hall and I think either way with or
without the amendment we need a Charter change in order to be
able to put our community back on the forefront in terms of
building new homes and getting into equitable growth situation.
I think the amendment would be fine inasmuch as it would apply to
the new subdivisions that are developed here in town. It would
give people a place to live in town for those who would like to
choose to do so. As I'm sure many people are aware, lots are
becoming increasingly difficult to find for any individual
builds►r, developer, whatever. The Charter amendment that has
boon proposed I think would still be fine and I could support
that fully because it would allow that developer who owns 1000 of
his property and therefore is only one property owner the ability
to have the 100: LID. That doesn't imply that all of the coat of
that development would necessarily be done by tho City through
bond gale or whatever portion of that they could pick. Any
portion of that 25-50-75% they could finance another portion if
it became more equitable. There are eased in development whereby
private poroon can go out and got a lower bid for certain
projects than the City can because of certain overseeing fees by
engineering, and so on and so forth. So in that effect, the cost
can be lower for the individual can do it. I think we need to
support that in order to gut ua on a competitive footing with
area communities that have boon doing it for years and not just
on the peninsula. It is a very effective way to lower the front
end costa of getting involved in development. At this point, the
costs are just so high that we won't see any development if the
developer has to go out to a financial institution, borrow 100%
of those funds to do that, the intoreot on the front end load to
no high that it just is ns longer feasible to develop. It's
either that or the lot prices would have to escalate to double
the amount that it would normally need to be in order to get them
on the boars!. I certainly go on record as supporting this
Chartar change. In urdur to get our city moving forward again
and an a local builder I recoWnize the need for us to be able to
offer to people who want to live in our community a place that
they can live and at an affordable price. Thank you.
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Mayor Malston - Thank you, Jess;. to there anyone else in the
public who wishes to be heard? We'll bring it back to Council.
Councilwoman Glick - I would like to asK for unanimous z,�-ssent on
the amendment please.
Mayor Malston - Unanimous consent has been called o , any
objection, So or eyed. We are back to the main motion on the
resolution. Councilman Wagoner?
Councilman Wagoner - I would like to ask for a two or three
second recess, I would like to talk to the lawyer. I'm sorry,
but 1 think it's important.
Mayor Malston - Okay, we'll take a couple of minutes.
Mayor Malston - Hearing then. Madam Clerk Mould you call the
roll please?
City Clerk Whelan - Bailie? Yes. Glick? Yes. Measles? Yes.
Wagoner? Yes. Wise? Yes. Malston? Yes. Ackerly? Yes.
V Mayor Malston - Resolution passed as amended. Councilman
Wagoner
Councilman Wagoner - I'd like to give notice of reconsideration
of Resolution 83-42 and enter on the minutes, this will be
reconsideration for the meeting of the Council of the City of
Kenai on April 20. I'm sorry, E3-41, I'm one ahead of myself.
Mayor Malston - Notice of reconsideration has been called for at
the next regular Council meeting.
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