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HomeMy WebLinkAbout1983-05-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING May 4, 1983 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agend6 Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Charles Ross - Off Road Vehicles 2. TAMs Small Boat Harbor Status Reports a. May 11,1982 - Sedimentation Study - $131,392 b. Sept. 14, 1982 - Additional Marine Facilities - $83,150 C. Proposal - Small Boat Harbor Financial Analysis and Outline Design - $135,600 3. Jim McConnell, NBA - Promotion of Residential Development C. PUBLIC HEARINGS 1. Resolution 83-54 - Setting Percentage Rate of Fair Market Value on City -Owned Leased Lands 2. Resolution 83-55 - Surplus Equipment Sale, Office Equipment 3. Resolution 83-56 - Transfer of Funds - Repair Roof, Public Safety Building - $3,500 4. Resolution 83-57 - Transfer of Funds - Repair of Fence at Old Town Park - $1,500 5. Resolution 83-58 - Transfer of Funds - Surveying and Platting of Airport Lands - $15,500 6. Resolution 83-59 - Awarding Bid for Street sweeper - Sahlberg Equip. - $77,274.76 7. Resolution 83-60 - Requesting Legislature to Support HB-320 Granting Additional State Royalty Oil to Chevron and Tesoro 8. Resolution 83-61 - Transfer of Funds - Animal Food and Nitrogen - Animal Shelter - $900 9- Resolution 83-62 - Transfer of Funds - Contract Stret Sweeping - $6,500 10. Resolution 83-63 - Award Contract - Engineering Design Service - Professional Design Assoc. - Airport Main Apron Extension - $49,300 11. Resolution 83-64 - Award Contract - Wince, Corthell, Bryson - Spruce, 2nd, 3rd - $26,500 12. Resolution 83-65 - Award Contract - Wince, Corthell, Bryson - Thompson Park Streets - $38,000 13. Resolution 83-66 - Award Contract - Wm. Nelson - Lake, Marine, Granite Pt., FBO - $21,800 14. Resolution 83-67 - Transfer of Funds - Repair Library Roof - $2,000 15. Resolution 83-68 - Transfer of Funds - Renovation of Concession Stands - $1,050 16. Resolution 83-69 - Transfer of Funds - Airport Renovation - Change Order #4 - $22,487 a. Change Order #4 - Halvorson - Airport Renovation- $25,010 17. Ordinance 854-83 - Amending Kenai Municipal Code - Increase Interest Rate for Special Assessment Districts from 8% to 10% 18. Ordinance 855-83 - Increasing Rev/Appns - Salaries and Supplies - Beautification Committee - $5,450 19. Ordinance 856-83 - Repealing Kenai Municipal Code - Commissions to Realtors for Sale or Lease of City Lands D. MINUTES 1. Regular Meeting, April 20, 1983 2. Special Meeting, April 25, 1983 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 857-83 - Increasing Rev/Appns - Installation of Flooring in Existing Racquetball Courts - $8,289 4. Ordinance 858-83 - Amending Kenai Municipal Code - Airport Manager and Senior Citizen Coordinator to Dept. Director and Fire Marshall to Range 17 5. Ordinance 859-83 - Amending Kenai Municipal Code - Salary Structure for 83-84 6. Ordinance 860-83 - Increasing Rev/Appns - Aliak, McCollum, Cinderella, Fox, Princess, Linwood Extended - $12,450 a. Alternates #1 (existing), #2 (upgrade ditch), #3 (drains 7. Ordinance 861-83 - Federal Revenue Sharing - Increasing Rev/Appns - Repair of Fire Dept. Water Tanker - $20,000 8. Ordinance 862-83 - Increasing Rev/Appns - Library Donations - $550 9. Ordinance 863-83 - Amending Kenai Municipal Code - Recommend Utility Locations in City Right of Way 10. Discussion - Jerry Andrews - Purchase of Section 36 11. Discussion - Request for 5 Acres in Section 36 - Episcopal Church 12. Discussion - Townhouse Ordinance 13. Lease Application - Church do Paxton - Spur Subdivision H. REPORTS 1. City ManigeL 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 m F9= K.ENAI CITY COUNCIL, REGULAR MEETING, MINUTES MAY 4, 1983, 7:00 PM KENAI CITY ADMINISTRATION BUILDING MAYQR RONALD MALSTON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Wagoner, John Wise, Ron Malston, Tom Ackerly, Sally Bailie, Ray Measles Absents Betty Glick (excused) AGENDA APPROVAL 1. Mayor Malston asked that item 8-3, Promotion of Residential Development, be deleted, this item had been discussed at the May 2 work session. Council agreed to the change. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Charles Ross - Off Road Vehicles Mr. Ross said the City has a problem. There is a high potential for injury. The are operated by young kids who don't know how to use them. They are causing damage to property. The Police Dept. is getting complaints. As of April 30, they had more complaints for Off Road Vehicles than all of last year. He had the Soldotna ordinance distributed to Council, he would like to have this in Kenai. Every hour Police spend with Off Road Vehicles is an hour they cannot spend on other problems. He would volunteer to work on a committee if formed. He noted Police Chief Ross said he would work with any group formed. Councilwoman Bailie said she talked to the Soldotna Chief of Police and they are tremendously pleased with the results. The problem is 20% of what it was last year. The main thrust is to stop youthful riders, it does not restrict driving on their own property. There is tremendous volunteer compliance. Mr. Ross said a ban is not necessary, just restrictions on those not capable of driving. MOTIONS Councilman Wagoner moved, seconded by Councilwoman Bailie, to direct Administration to draw up an ordinance for the next meeting. Police Chief Ross said Mr. Ross' idea was the best method, getting a group to advertise and get it started. An ordinance is not the way to go. There should be a community process first. Voluntary compliance is 80: of the effort's success. Chief Ross said he would volunteer to be a resource person. MOTION, Withdrawals Councilman Wagoner, with consent of second, withdrew his motion. Mayor Malston asked Mr. Ross if he would start this program, working with Chief Ross. Mr. Ross said he would bo able to after June 4. B-2 TAMS Small Boat Harbor Status Reports a. May 11, 1982 - Sedimentation Study - $131,392 b. Sept. 14, 1982 - Additional Marine Facilities - $83,150 c. Proposal - Small Boat Harbor Financial Analysis and Outline Design - $135,600 Kenai City Council May 4, 1983 Paqe 2 ° Harbor Commission Chairman Williams introduced Mike Horton °= from TAMS and explained this is part of the on -going project to determine the feasibility of a small boat harbor. Mr. Horton explained they have been working with the City for almost a year, it is time for a review. A number of studies were done before they started. Wince, Cortholl & Bryson study was done to determine feasibility. They said there was a demand but there were problems. CH2M Hill did a design project. TAMs thought the program should be divided into steps. The Harbor Commission asked TAMs to step in. TAMs thought there was a need for a detailed study of the area. They have been measuring the river over a 12 month _ period regarding sediment. The work will be done June 5. f It looks more favorable. TAMs was also asked to do a bluff erosion study. They submitted the study in Nov. They said it was primarily erosion, but there was some stability problem. They have had no comments on this from the Harbor Commission or the Council. They have been doing the ' sedimentation study for 6 months, the Harbor Commission asked for: a. Boat ramp b. Fuel float C. Boat grid d. Rest rooms e. Parking lots. - This is complete, but funding was not available. They thought the boat ramp should be done, they broke that out. The project has potential, there is a manageable amount of siltration in the river. It could be for 400 boats. The next stage is to come up with a concise report to determine feasibility. We have to prove to ourselves that costa will make it a valid project. Then the City needs a cohesive document to submit to the State for funding. The Nome j project has been primarily for funding obtained. This small boat harbor would be a project of large magnitude and would — '.I need information that all agencies would be satisfied with. This is where Kenai is, a demand analysis and outline design would do this. Following completion of this (in about 6 months) the City could go to the Legislature with a request for funding. Then we could go to final design. Then out to bid in mid 1984, construction in 1985. TAMs feels all < indications of the sedimentation study are positive. --- Mike Tumalti, TAMs, spoke. The problem of sedimentation is a critical factor. The primary source will be from the delta outside of the mouth of the river. In Spring tides we have more sedimentation concentration, Fall tides are law. Further upstream there is lower sedimentation concentration. About 2 miles upstream from the mouth they would connect the boat basin that would intercept 5 miles up with a diversion - channel. This was not reviewed by Dept. of Engineers, they figure it would cut sedimentation by 1/2. There are 75,000 cu. yds. of sedimentation per year at the small boat harbor, with a diversion channel they can cut it 30%, to 40,000 cu. ti yds. In the next phase they would like to look where the sedimentation will deposit. Councilman Aekerly asked, where will they deposit the 40,000 cu. yds. of sedimentation? Mr. Tumalti replied there is a 5 year maintenance plan. Either deep water or disposal site. It would not be difficult, the State may be willing to fund dredging. It would be dredged every 2 to 5 years. r, MOTION: s° ' Councilman Wagoner moved, seconded by Councilman Ackerly, to direct Administration to enter into a contract with TAMs 7I to continue wnrk on the Small Boat Harbor with financial f;. fl analysia and outline design in the amount of $135,600. I 0 o- R _ Kenai City Council May 4, 1983 Page 3 Motion passed unanimously by roll call vote. C PUBLIC HEARINGS C-1 Resolution 83-54 - Setting Percentage Rate of Fair Market Value on City -Owned Leased Lands MOTIONs Councilman Wise moved, seconded by Councilman Measles, to adopt the resolution. PUBLIC COMMENT: j 1. Dick Mueller, Dick Mueller Realty. The resolutionset���s , the lease rate at 6: of value. Industry in eral `��� is considered higher than this. This is not a fair return, i it should be 7: to 8% of value. 2. Ruby Coyle. She agrees with Dick Mueller. Most of the leased lands are City -owned that are in competi-lion with those that own land. It should not be less. 3. Sue Carter, Beluge Realty. Regarding appraisals, that is an ambiguous figure at times. Appraisals on City lands j are high. Councilman Wise said 6e is the rate the City has used for 10 years. It might catch some of the lessees at renewal. Any appraisal can be challenged. Councilman Ackerly abstained, he is a lessee of City lands. Motion passed unanimously by roll call vote, with Councilman Ackerly abstaining. C-2 Resolution 83-55 - Surplus Equipment Sale, Office Equipment I MOTION: Councilman Wise moved, seconded by Councilwoman Beilio, to adopt the resolution. There was no public comment. 1 f Motion passed by unanimous consent. C-3 Resolution 83-56 - Transfer of Funds - Repair Roof, Public Safety Building - $3,500 I MOTION: Councilman Measles moved, seconded by Councilman Wagoner, to adopt the resolution. 's There was no public comment. Councilman Wagoner noted generally, all a building roof needs repair, what is the condition of the rest? Fire C�-tef Winston replied, it is just separated in one place, the roof was done last year. It Motion passed by unanimous consent. C-4 Resolution 83-57 - Transfer of Funds - Repair of Fence at s; Old Town Park - $1,500 Kenai City Council May 4, 1983 Page 4 '40TION. Councilman Wagoner moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman Measles noted the fence was torn down by an auto. Why wasn't it paid by the person who did it? Finance Director Brown replied, the person had no insurance, Atty. Rogers is looking into other methods of collecting. Motion passed by unanimous consent. C-5 Resolution 83-58 - Transfer of Funds - Surveying and Platting of Airport Lands - $15,500 MOTIONs Councilman Wagoner moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. i Notion passed by unanimous consent. C-6 Resolution 83-59 - Awarding Bid for Street Sweeper - Sahlberg Equip. - $77,274.76 MOTIONS Councilman Wagoner moved, seconded by Councilman Measles, to adopt the resolution. r 1, PUBLIC COMMENT: a. Ruby Coyle. It is nice to see the down town streets clean, but she has to go home to muddy streets. We should not be sweeping streets when so many roads need gravel. They Coyles built their road and gave it to the City. They kept it up before they gave it to the City, it is only 1/4 mile. Last Winter, everything in Kenai was sanded, they could barely get through their drive. They had to call the l City 2-3 times. The State lifted the road when the paved --- Beaver Loop and went down on Barabers. Let's put some money into a maintenance fund to maintain the streets. They pay taxes the same as those in subdivisions. Councilman Ackerly asked if they had all the attachments. - Public Works Director Kornelis replied, they have more than they need for replacements. Councilman Wise said he was against it, studies should be done on a contract basis, it would be cheaper. Councilman Wagoner agreed, saying the -- contractor has bought a 2nd sweeper in anticipation of business. VOTE (Passed): Yeas Malston, Ackerly, Bailie, Measles 31 j Nos Wagoner, Wise in Le C-7 Resolution 83-60 - Requesting to g Support NB-320 q 9 ialatu �,• Granting Additional State Royalty Oil to Chevron and Tesoro s MOTIONs Councilman Wise moved, seconded by Councilwoman Bailio, to adopt the resolution as amended, amendment submitted this •y Ji date; and adds At end of first WHEREAS nentonce, deleto Al F- Kenai City Council May 4, 1983 Page 5 "and," add "as being :n the best interest of the State and ;s in conson-ice with State law encouraging in -State t rocessing of •i.rt,:tal resources, and." Councilman Ackarly asked if all those bills mentioned relate to Chevron/Tesoro. Mayor Maleton replied yes. MOTION, Amendments Councilman Wagoner moved, seconded by Councilman Wise, to amend the resolution, in the 2nd WHEREAS, line 3, add the word "currently" after "built and." Councilman Wagoner further amended the resolution on the 6th WHEREAS, line 1, delete the word "negative;" line 2, delete the words "do not comprehend" and add "are not cognizant of;" line 4, delete the words "change their stand and." VOTE, Amendments Motion passed unanimously by roll call vote, with Councilman Measles abstaining. VOTE, Main Notion as Amendeds Motion passed by unanimous consent. Councilman Wise suggested Clerk Whelan contact the legislatures this date. C-8 Resolution 83-61 - Transfer of Funds - Animal Food and Nitrogen - Animal Shelter - $900 NOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to adopt the resolution. There was no public comment. Councilwoman Bailie asked why it was taken from this account. Finance Director Brown replied there were funds evailable in that account. Notion passed by unanimous consent. C-9 Resolution 83-62 - Transfer of Funds - Contract Street Sweeping - $6,500 MOTION: Councilman Wagoner moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10 Resolution 83-63 - Award Contract - Engineering design Service - Professional Design Assoc. - Airport Main Apron J .J Extension - $49,300 MOTION: Councilman Measles moved, seconded by Councilman Wagoner, to adopt the resolution. PUBLIC COMMENT: s' y� Kenai City Council May 4, 1983 Page 6 Mike Tauriainen - Mike Tauriainen, 0.1:. epc I,e. Hi: is 3 discussed this with Administration. There was some concern that their fee was low. They have looked over their proposal, and are confident they can perform within the budget. Awarding design contracts on a bid basis can lead to s reduction in quality of services rendered. The City should look at those who can do the work and those with a good track record. Councilman Wagoner emphasized the City does look at the past record. He noted Engineer LaShot's memo stated his recommendation should not reflect poorly on Mr. Tauriainen. He thought we should go with Mr. Tauriainen if he can do it for less. � i MOTION Amendments Councilman Wagoner moved, seconded by Councilman Measles, to amend the resolution to award to the firm of Mike Tauriainen in place of Professional Design Assoc., and change the amount. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-11 Resolution 83-64 - Award Contract - Wince, Corthell, Bryson -Spruce, 2nd, 3rd - $26,500 „ r MOTIONS Councilman Wagoner moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. i ! Councilman Wfes noted there are City lands an Spruce, some { are zoned conservation. Hopefully, Administration and P&Z -; will review the status of the lands, plan and provide water & sewer so we do not pave and then tear up. Part should be { assessed. There are only 8 houses in that area. - Motion passed by unanimous consent. C-12 Resolution 83-65 - Award Contract - Wince, Corthell, Bryson - Thompson Park Streets - $38,000 MOTION: Councilman Wagoner moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-13 Resolution 83-66 - Award Contract - Wm. Nelson - Leks, Marine, Granite Pt., F80 - $21,800 MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to adopt the resolution. There was no public. comment. Motion passed by unanimous consent. Kenai City Council May 4, 1983 Page 7 C-14 Resolution 83-67 - Tranefet of : tj"ds - "n $2.On0 MOTIONS Councilman Measles moved, seconded by Co to adopt the resolution. Librarian DeForest explained this is to roof. Motion passed by unanimous consent. C-15 Resolution 83-68 - Transfer of Funds - R Concession Stands - $1,050 MOTIONS Councilman Measles moved, seconded by Co adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-16 Resolution 83-69 - Transfer of Funds - A Change Order �/4 - $22,487 a. Change Order #4 - Halvorsen - Airport Renovation - $25,010 MOTION, Postponements Councilman rise moved, seconded by Councilman Wagoner to postpone action on the resolution and discuss the change order. Action was approved by general consent of the Council. MOTION, C-16as VOTES Councilman Wise moved, seconded by Councilman Measles, to approve the change order. Councilman Wagoner asked, why is the canopy work just being discovered? Architect Gintoli replied, it was his error, he did not realize there was a change in elevation. Motion passed unanimously by roll call vote. MOTION, C-16, Res. 83-69s Councilman Wise moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Councilwoman Baille asked, why is there a difference in amount? Finance Director Brown replied, there was a small amount in construction. Motion passed by unanimous consent. C-17 Ordinance 854-83 - Amending Kenai Municipal Code - Increase Interest Rate for Special Assessment districts for 8% to 10% G at Kenai City Council May 4, 1983 Page 8 MOTION: Councilman Wise moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-18 Ordinance 855-83 - Increasing Rev/Appns - Salaries and Supplies - Beautification Committee - $5,450 MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. There was no public comment. Finance Director Brown referred to the amendment distributed in the packet. He noted it is not for seed, was for fertilizer only. Recreation Director McGillivray said City Manager Brighton felt the fertilizer would take care of what the Beautification Committee wanted to do, but it does not. The amount of monies here are for people from May to July 11 plus supplies. There is a lot of work to be done that fertilizer does not cover. They will be working with the Parks Dept., but money is needed. Mr. Brown noted this is just to amend the ordinance, this is not to award the proposal. Councilman Wagoner said the amendment for $5,450 would stay in, plus $6,000. Then we would take care of all this plus salaries. Public Works Director Kornelis said regarding frontage Rd., there would not be an overlap on the Banco Bldg. The bid is only the portion on contract that he seeded. Mayor Malston asked if Mr. Kornelis or City Manager Brighton had contacted the State regarding fertilizer and seed. Mr. Kornelie replied he would write a letter. MOTION, Amendments Councilman Measles moved, seconded by Councilman Ackerly, to amend the ordinance, line 3 in the heading, add ", contract repair and maintenance" after "salaries;" change the amount under Estimated Revenues to $11,450; add under Increased Appropriations, "Parks - Repair and Maintenance - $6,000" and change the total under Increased Appropriations to $11,450. There was no public comment. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-19 Ordinance 856-83 - Repealing KMC - Commissions to Realtors for Sale or Lease of City Lands MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. Kenai City Council May 4, 1983 Page 9 PUBLIC COMMENT: a. Dick Mueller, Dick Mueller Realty. Repeal of this portion would not cost back the amount of the commission. The problem is deeper than that. The ordinance accuses the real estate industry of ignoring City land problems. That is not the case. The real estate industry does not know what lands are available, process to sell or appraisal values. Also the lack of first right of refusal or an option of some sort upon deposit is a problem. The only option anyone gets is the right to bid. That is not the way it should be. The land should be appraised before offering for sale. There should be a list of lands available circulated to the industry. The first right of refusal or some kind of guarantee that the person can purchase at appraised value if he meets requirements of the City. With lands needing development, there should be a time clause on utilities. Getting top dollar may not be as important as getting on the tax rolls. Real estate taxes are only a small part, business taxes are bigger. He has heard a rumor about real estate agents getting commission when they are principal to the transaction. The lease clause says they cannot do that. It should be put in the sale ordinance. b. Jackie Russell, ERA Property World. If the City is going to not pay a commission because the real estate people are not selling lands, how are they going to save money if they are not given service? That is discriminatory. NOTION, Tables Councilman Wagoner moved, seconded by Councilman Measles, to table action till May 18 meeting and have a work session prior to that date. Motion passed unanimously by roll call vote, with Councilman Wise abstaining. WORK SESSION SCHEDULEDs Council agreed to have a work session May 10, 1983 at 6:00 PM. Clerk Whelan was asked to notify the media and prepare the work session. D. MINUTES 1 D-1 Regular Meeting, April 20, 1983 Clerk Whelan asked that page 3, item C-1, MOTION, line 2, I the letter "B" be added after the word "amendment." Clerk Whelan said that page 14, paragraph 5, line 2, Mr. I Kornelis did not reply, it was Mr. McGillivray. i Minutes were approved as corrected. D-2 Special Meeting, April 25, 1983 Minutes were approved as submitted. E. CORRESPONDENCE None F. OLD BUSINESS None Kenai City Council May 4, 1983 Page 10 G NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Wagoner moved, seconded by Councilman Measles, to approve the bills as submitted. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 MOTIONS Councilman Measles moved, seconded by Councilman Wagoner, to approve the requisitions as submitted. Motion passed unanimously by roll call vote. G-3 Ordinance 857-83 - Increasing Rev/Appns - Installation of Flooriny in Existing Racquetball Courts - $8,289 MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to introduce the ordinance. Motion passed unanimously by roll call vote. G-4 Ordinance 858-83 - Amending Kenai Municipal Code - Airport Manager and Senior Citizen Coordinator to Dept. Director and Fire Marshall to Range 17 MOTION: Councilman Wagoner moved, seconded by Councilman Ackerly, to introduce the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilman Ackerly, to amend the ordinance to delete the Airport Manager. Councilman Wise asked, what does he direct? Councilman Wagoner said he had noted earlier that to be a department director there should be something in the Code that says what he directs. What is he managing now and what would make him a director? Finance Director Brown replied the ordinance does not address a range change. He would receive a cut in pay, there would be no overtime. Councilman Wagoner asked if there would be any other benefits if he was a department head. Finance Director Brown replied no. Councilman Ackerly asked if he would be included in department heads meetings. Finance Director Brown replied we do not have meetings on a regular basis. Councilman Ackerly asked why the Fire Marshall was requested? Fire Chief Winston replied the reason was because they are carrying him in a Shift Captain capacity. They did not have him properly trained when the position was set up 3 years ago. He has now had enough school and background to deserve the position. The responsibilities are much greater than Captain. Councilman Wagoner asked if the position would be set back if he left. Chief Winston replied, not necessarily, unless they hired a qualified man. Councilman Ackerly asked if he acted as State Fire Marshall. Chief Winston replied no, he has the same powers. Councilwoman Bailie said she had a problem with part of this and asked if it could be discussed at the work session. Kenai City Council May 4, 1983 Page 11 VOTE, Amendment (Failed): Yess Wise, Malston Nos Wagoner, Ackerly, Bailie, Measles VOTE, Main Motion (Passed)s Yes: Wagoner, Wise, Malston, Ackerly, Measles Not Bailie G-5 Ordinance 859-83 - Amending Kenai Municipal Code - Salary Structure for 83-84 MOTIONS Councilman Wagoner.moved, seconded by Councilman Measles, to introduce the ordinance. Finance Director Brown asked Council to review the memo regarding the two part-time steps. VOTE ( Passed) s Yess Wagoner, Ackerly, Bailie, Measles Nos Wise, Malston G-6 Ordinance 660-83 - Increasing Rev/Appns - Aliak, McCollum, Cinderella, Fox, Princess, Linwood Extended a. Alternates #1 (existing), #2 (upgrade ditch), #3 (drains) MOTIONs Councilman Measles moved, seconded by Councilman Wagoner to introduce the ordinance. Public Works Director Kornelis explained this is because the engineers have come up with 3 alternativess a, utilizing existing drains - $688,000 b. upgrading existing drains - $915,000 c, put in storm and sub drainage on D St. - $1,174,000 $688,000 was in the Capital Improvements List. A good portion of (c) is additional street. This would lower the water table in that area. That is the biggest problem. Councilman Wagoner noted this prevents construction of any daylight basements. We are being asked to provide a solution to what is almost wetlands. We do not have to go beyond alternate fl . Councilman Wise said he would like to have this addressed by Council or the Public Works Committee with a review of funding available. SS-162 has some :Honey. There may be some DEC funds. Bruce Robson, McLane A Assoc. The biggest problem is McCollum and Aliek. It is low in there. The best alternative is sub surface drainage system. Councilman Wagoner suggested Administration go with alternate #1. Council agreed to the suggestion. VOTES Motion failed unanimously by roll call vote. G-7 Ordinance 661-83 - Federal Revenue Sharing - Increasing Rev/Appns - Repair of Fire Dept. Water Tanker - $20,000 I i I i I Kenai City Council i Ms y 4, 1903 Page 12 MOTIONS Councilman Wagoner moved, seconded by Councilwoman Bailie, to introduce the ordinance. Motion passed unanimously by roll call vote. jG-8 Ordinance 862-83 - Increasing Rev/Appns - Library Donations- � �550 MOTION s Councilman Measles moved, seconded by Councilman Ackerly, to introduce the ordinance. Motion passed unanimously by roll call vote. G-9 Ordinance 863-83 - Amending Kenai Municipal Code - Recommend Utility Locations in City Right of Way MOTIONs Councilman Wagoner moved, seconded by Councilman Ackerly, to introduce the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilman Ackerly, to amend the ordinance, page 5, ch. 18.27.020, lot paragraph, line 3 - delete the words "impossible" and add "unreasonable." Also, in the same chapter, item #4, line 3, delete the words "log piles, junk piles." Also, in the some 1 chapter, item 04, line 1, add "for comment" after the word "form." Also, page 6, add after item (c) - "(d) Request for exceptions due to ongoing construction shall be deemed approved if not rejected or modified within 4 hours." Councilman Wise said he would like a penalty clause attached. Public Works Director Kornelis said it has a penalty clause attached. Councilman Wise noted there is no time limit on proposed work plan approval, this.iT for on -going construction. 10 j VOTE, Amendments �( Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: 9 Motion passed unanimously by roll call vote. G-10 Discussion - Jerry Andrews - Purchase of Section 36 iCouncilman Wagoner suggested since this is not the first interest shown in Section 36, we have no choice but to advertise the way the ordinance is written. He would like to see the City get rid of it, but in parcels of 40 acres on the west side, east side larger if they want. That allows us to have 5 tracts of land to develop into subdivisions. Land Manager Labahn said he distributed a memo this date regarding options and status. There is a choice between auction and outcry bid. 1 MOTION: Councilman Wagoner moved, seconded by Councilman Measles, to direct Administration to send proposal to PdcZ requesting a plat of the west side of Section 36 into 4 equal parcels or _ — ✓ — .=cam. .. � r.,� .. _..-�� 1 Kenai City Council May 4, 1983 Page 13 VOTES as equal as can be made depending on acceeu to water a sewer; and prepare to advertise these parcels plus the remainder of the east side for sale to the public. Land Manager Labahn said P&Z get this next week, this allows them to respond. This could be at the next Council meeting. He asked if Administration could be allowed to solicit bids for the survey. Council agreed to the request. Councilman Ackerly asked, under the ordinance aren't we required to give the parcel to sale at fair market value? Land Manager Labahn replied it would be required to sell at fair market value because competitive interest exists. We would need a full appraisal. Ruby Coyle. She cannot understand why the City is anxious to get rid of all their land. Nothing increases in value better than land. It will get the property onto the assessment rolls, but the City should put into the Code that it has to be built on. What will the money be used for? Do we need it now? The City has been in competition with property holders of Kenai ever since we got the airport. Now they are going into competition with Section 36. Councilman Wagoner said the reason we got the land was to develop for residences. Also, if somebody requests it be put up for sale, we have no choice. It will not go up for sale without a development plan. Motion passed unanimously by roll call vote with Councilman Wise abstaining. G-11 Discussion - Request for 5 Acres in Section 36 - Episcopal Church Councilman Measles said he would have a problem making a donation to any church. We should not get this started. Councilman Wagoner suggested Administration write a letter acknowledging the request and stating the City is not in a position to donate land. He noted churches are different than State sponsored services. Council agreed to the suggestion, with Councilman Wise abstaining. G-12 Discussion - Townhouse Ordinance Land Manager Labahn explained this is just for review. May 25 will be the P&Z public,hearing. It will then go to Council, then to Borough P&Z. Councilman Wise said this provides for a conditional use permit, it would still require a special application. Unplatted traLts should have it as conditional use. Land Manager Labahn said this does not address all types of development, just most frequent. That will be the next ordinance to work on. G-10 Jerry Andrews Request (Contd)s Councilman Wagoner noted Mr. Andrews' request for Section 3. Part of this has been put aside for parks and rec. He suggested Administration notify Mr. Andrews that portion has been been dedicated and is not for sale. Council agreed to the suggestion. p Kenai City Council May 4, 1983 Page i4 G-13 Le&ae Application - Church do Paxton - Spur Subdivision Land Manager Labahn explained the proposed area has been changed. P&Z directed they look at an alternative. That has been done. They now want Tract 3A, survey and plat will reflect this. Councilwoman Bailie asked if 38 was back enough. Land Manager Labahn replied it is approximately one acre. They will have access solely onto Spur. They have submitted site design, but there will be amendments. Councilman Wise said taking out a section like that may be destroying the corner. He asked if it addresses P&Z desires. P&Z Commissioner Bryson replied yes. Mr. Labahn noted the original request was 2.3 acres, this is under 1. MOTION$ V OT E ' Councilman Wagoner moved, seconded by Councilman Ackerly, V&s,-VLJy31�)that the City approve the lease application of Church h Too 50, Paxton for 3A. A KL �Coouuncilwoman Bailie asked Land Manager Labahn, what would N 0 ({ M a 36 sell for? Mr. Labahn replied from $3.80 to $4.30 sq. ft. He added, it can be sold. Councilman Wagoner noted you could not put much business there with the sewer line there. Mayor Malston asked if any other property was considered. Mr. Labahn replied yes, when they came forward with the whole area they did not realize the cost of the land, they hope to accomplish considerable savings this way. He added he had no doubt it was marketable. Councilwoman Bailie asked if it would be wood frame or block. Mr. Labahn replied it is wood. They will be leaving a bumper strip between Spur &rid their property. They will take out trees from there back. Councilman Wagoner suggested Mr. Labahn negotiate to move 100-150 ft. down the highway to make a larger lot on the corner. Council agreed to the suggestion. H. REPORTS H-1 City Manager None H-2 City Attorney None H-3 Mayor Mayor Malston noted the memo in the packet regarding the Library Commission appointments. He suggested waiting till the May 18 meeting to make appointments. He asked if any Council members had any suggestions to please contact him. Councilman Wagoner asked that a short paragraph be prepared on each applicant. Mayor Malston said Clark Whelan had a form she has prepared for commission and committee applicants. H-4 City Clerk Clerk Whelan spoke. a. Regarding the memo in the packet, HB-289 to change the hours the polls will be open. This is still in Committee. Municipal League and the Clerks do not support this. �l Kenai City Council May 4, 1983 Page 15 b. With Council approval, she will be taking May 5 and 6 off to drive to Anchorage. Council approve the request. Co The Armory is not available for the June 7 election, she has scheduled it for the Council chambers. d. She will be putting out additional publicity on the election to increase voter turnout. If Council had any specific methods, please contact her. Council members agreed they did not want the election in the Council chambers as the location was not good. f Councilwoman Bailie suggested the Mall. Councilman Ackerly suggested Kenai Elementary, ochool would be out. - MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to pursue using Kenai Elementary for the election, then the Mall. Motion passed unanimously by roll call vote. -- H-5 Finance Director None H-6 Planning do Zoning None ;j H-7 Harbor Commission n: NGnti ��- H-8 Recreation Commission None r, I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD -_- a. Public Works Director Kornelis. There is a major water - line break by the Time Saver. They are having Doyle do the work. There will be bills at the next Council meeting. It " is an emergency situation. -- b. Public Works Director Kornelis. There was a report ,c from Mike Tauriainen on the float plane basin. He asked Council to review it. Mayor Malston asked where is the water shut off? Mr. - Kornelis replied, Central Heights, Walker Lane and Thompson Corner, from the well -house to the tank; Paula St. to Thompson Corner. It will be 3-4 hours. It will not destroy pavement. B c. Ruby Coyle. She read in the paper that $35,000 last year and $150,000 this year has been collected in fish tax -- from fishermen. This law has been in effect for many years. The Borough gets 50%, the State gets 25%, the City gets 25%. It has always gone to the general fund. A good place for it to go would be for the small boat harbor. It could help the people that are responsible for that money. The Borough should nut get any from inside the City anyway. She - suggested co.. tacting the Legislators to get this into ' effect. Kenai City Council May 4, 1983 Page 16 c. Councilman Wise. Regarding the boat ramp. We are committed to up -grade it. We have not committed to that. There is no contract or money. We may have the money but we are not using it. Councilman Wagoner said in the packet there are Harbor Commission minutes. They made a motion that addressed part of it. TAMs has put a proposal into City documents and will go out to bid. Councilwoman Sallie asked if the boat ramp will go out to bid. Public Works Director Kornelis replied it will be $300,000, we have already received the grant. d. Councilman Wise. Regarding Haller, Evergreen, McKinley, Candlelight, Linwood. We have that earmarked $900,000 and $500,000. How much will we be able to tap? Now much will be water & sewer match eligible? Public Works Director Kornelis replied when we get the DEC grant we will have enough. ADJOURNMENT Meeting adjourned at 1105 PM. QN� Janet Whelan City Clerk APPUM BY COLO" am m Qm 1 ., I