HomeMy WebLinkAbout1983-05-18 Council MinutesAGENDA
KLNA1 CITY COUNCIL - HEGULAR MEETING
MAY 18, 1983 - 7sO0 PM
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
B. PERSON PRESENT SCHEDULED TO BE HEARD
1. Diane Taylor - Flora Left on City Lands
2. Ruby Coyle - Shut -In of #1 6 #3 Oil Wells in Cannery
Loop Unit
C. PUBLIC HEARINGS
1. Ordinance 859-83 - Replacing Tables in Kenai Muncipal
Code - Salary structure and New Part Time Employee
Hourly Rate
2. Ordinance C56-83 - Repealing Kenai Municipal Code -
Provide for Commissions to Realtors for Sale or Lease
of City Lands
3. Ordinance 857-83 - Increasing Rev/Appns - New Flooring
in Existing Racquetball Courts - $80289
4. Ordinance 858--83 - Amending Kenai Municipal Code -
Airport Manager and Senior Citizen Coordinator to Dept.
Head, Fire Marshall to Range 17
5. Ordinance 861-83 - Increasing Rev/Appns - Repair of
Fire Dept. Water Tanker - $20,000 (Federal Revenue
Sharing)
6. Ordinance 862-83 - Increasing Rev/Appns - Library
Donations - $550
7. Ordinance 863-83 - Amending Kenai Municipal Code -
Assigned Utility Locations Within City's Right of Ways
8. Proposed Assessment District - Wesbet Circle, Wesbet
Subdivision, Lots 5 through 11
a. Resolution 83-70 - Continuation/Termination of
Wesbet Circle, Weebet Subdivision Assessment
District
9. Resolution 83-71 - Transfer of Funds - Overtime in Jail
and Police Dept. - $9,000
10. Resolution 83-72 - Formation of Assessment District -
lst and 2nd Sts Between Florida and Redoubt for Street
Paving
11. Resolution 83-73 - Transfer of Funds - Legal Services -
Peck and CIE Cases - $4,000
12. Resolution 83-74 - Accepting State Municipal Grant -
$1,487,000
13. Resolution 83-75 - Awarding Bid for Book and Library
Detection System to 3M Co.
14. Resolution 83-76 - Awarding Bid for 2-Ton Flatbed Truck
to Peninsula Ford - $24,900
15. Resolution 83-77 - Transfer of Funds - Temporary
Employee in Library - $1,000 (Federal Revenue Sharing)
16. Resolution 83-78 - Haller, Evergreen, McKinley, 3rd,
4th, 27th, 32nd - Water do Sewer Main, Street
Improvements - Award Contract to Zubeck Inc. -
$1, 785,076
17. Resolution 83-79 - Authorizing Participation in State
Day Care Assistance Program
18. Resolution 83-80 - Spruce, 2nd, 3rd - Water do Sewer,
Streets - Designating Improvements and Streets
19. Resolution 83-81 - Awarding Contract for Rebuilt
Detroit Diesel Engine for the Fire Dept. Water Tanker
Engine
I
D.
14INUTES
1.
Regular Meeting, May 4, 1983
E.
CORRESPONDENCE
1.
Harlequin Studios, Kenai - Airport Expansion Project,
Exterior Wall Panelling
F.
OLD
BUSINESS
G.
NEW
BUSINESS
1.
Bills to be Paid, Bills to be Ratified
2.
Requisitions Exceeding $1,000
3.
Ordinance 864-83 - Increasing Rev/Appns - Boat Ramp,
On -Site Water & Sewer Facilities, Showers, Dock Fueling
Facilities - $300,000 l
4.
Ordinance 865-83 - Adopting 83-84 Budget/
5.
Ordinance 866-83 - Evergreen, Haller, McKinley, 4th,
32nd, 3rd & 2nd - Reallocating 1983 Municipal Grant -
l
$440,176
6.
Ordinance 867-83 Increasing Rev/Appns - lot, 2nd Ste -
Paving & Sewer - $741,000;lAliak, McCollum, Cinderella, s.-
Fox, Princess, Linwood Extended - Gravel - $746,000,
7.
Discussion - Salaries - City Manager, City Attorney,
City Clerk
S.
Discussion - Vacation Proceedings - Alley & Utility
Easement - Blackgold Estates Subdivision
9.
Discussion - Section 36 `
10.
Senior Citizens Community Center - Change Order 05 -
Deduct $3,000-
H.
REPORTS
1.
City Manager
2.
City Attorney
3.
Mayor
4.
City Clerk
5.
Finance Director
6.
Planning & Zoning
7.
Harbor Commission
S.
Recreation Commission
I.
PERSONS
PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
KENAI CITY COUNCIL, REGULAR MEETING, MINUTES
MAY 18, 1983, 7:00 PM
U r •i A T n T T v A h.I t \1 T C T RAT T t (� AI d l l t/ h T �1 r
1\L 17M1 1.11 i AV1'1 .111J/ tent •u.1 vual..u..1u
MAYOR RONALD A. MALSTON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALLS
Present: John Wise, Ron Malston, Tom Ackerly, Sally Bailie,
Betty Glick, Ray Measles, Tom Wagoner
Absents None. NOTE: Councilwoman Bailie left at 8:55 PM.
B. PERSON PRESENT SCHEDULED TO BE HEARD
B-1 Diane Taylor - Flora Left on City Lands
Ms Taylor explained this is a follow-up of a meeting with
PbZ last week. She is concerned with the trees being
removed from the City leased lands. In discussion with P&Z,
they said there were no regulations. They have asked that
trees be left on the land, lesse,a say they will and then
remove them. On the land between the new motel and
Thompsons Corner, P&Z marked the trees to be left, they were
taken anyway. The damage has been done, but this should be
stopped. A certain amount of trees should be kept. The
site for the new bowling alley is her concern. She asked
that Council consider this. Councilwoman Glick said she was
I
at the P&Z meeting. P&Z sentiments may not be shared by
Council or Administration, but we need to say how our City
will develop. She is not against development. Dairy -Queen
is a fine example of how the land can be developed, natural
habitat can be used. Also, the Katmai has trees standing.
She shares concern about taking all the trees. Also, Ron
Malston and Fred Braun transferred trees when they expanded.
Councilman Ackerly said he had understood some of the trees
were to be left, there was supposed to be a buffer zone.
Mayor Malston said it would be a difficult regulation to
write for commercial property. It does not always work for
commercial businesses to leave trees. Councilman Wagoner
said part of that land is State property. He added, Mr.
�j
Aase said it was his intent to replace the trees. We are
premature in saying there will not be trees. Ms. Taylor
I
said she is asking that natural trees be left on the
property. It will take planning. P&Z has no power to
enforce. Councilman Wise said the City has powers to.
control this, it does not have to be done in an onerous way.
It may be necessary to post bonds. Councilwoman Glick said
-,;=-
P&Z would like some kind of mechanism for leverage on
lessees. She suggested City Manager Brighton, Atty. Rogers
s>
and Land Manager Labahn prepare an ordinance, not real
binding, just guidelines. Atty. Rogers said mechanism
exists in the lease application. He will look into it, but
--
he didn't think an ordinance was necessary. An ordinance
decreases flexibility. Mayor Malston noted that would only
address leased lands. Atty. Rogers explained, they can
place restrictive covenants on sale of lands also.
Councilwoman Glick said she would like more teeth in it.
City Manager said he thought an ordinance would be so
inflexible it would discourage anyone who would want to
purchase for commercial development. Every commercial
business has different needs. It would be impossible to
create an ordinance to address all that. If we tell a
'
developer it will cost him $4 sq. ft. and that he must leave
the trees, there may be a problem. Man from audience:
don't charge for the unused land. Councilwoman Glick asked
that P&Z minutes be searched in the last several leases for
comments made regarding trees. City Manager Brighton said
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1
the simplest and most reasonable way would be to address
_,
each lease and not adopt an all -encompassing rule.
KENAI CITY COUNCIL
MAY 18, 1983
Pane 2
Paula McKechnies She is concerned that Kenai is gaining so
many people and jobs. Are we going to decide or is business
going to decide what the City would look like? She saw
Houston develop that way, she is concerned that Council is
short-sighted by not looking at this. Our children will
have to live with this. Our children will have to pay for
urban renewal if we do not. Councilwoman Bailie said we do
need planning. There could be a problem in Section 36 with
the wide bluff. If any individual chooses to remove trees,
we should have an ordinance with teeth in it to control
this. Councilman Wise said there are private lands that are
open for development, some have been done properly and some
not. It is not unreasonable to require an adequate time for
site planning to be reviewed. Council should say P&Z has
the right to require site planning that is acceptable to
them. Councilman Wagoner said a simple bond or putting it
in the lease would be ways to control it. A transmittal
sheet from P&Z to Council should be required.
David McKeehnie. He hears a lot of talk from Council that
they have the power to enforce, but most of the developers
have been stripping out everything. Why haven't they been
using the powers if they have them? What guarantee do they
have that they will use them in the future? The Mall and
most of down town Kenai is not pretty. People say they live
here because of the jobs, not the City. Why not use the
development money to make it pretty, not to sell the City?
Councilman Wagoner said he wanted to say that Council has
boon doing things to the land to beautify the City. He
didn't want people to say we are not doing anything.
Waldo Coyle. Council has done a good job. He would be
against any ordinance to keep trees. There is a fire
hazard. Anyone who was here during the fire would think
twice about leaving trees. Birch can be saved, but not
spruce. Also, what would happen if they blew down and hurt
somebody? Let's not be influenced by people in California.
Spruce trees have no tap roots. They fall when they are
disturbed. Let's deal with each case individually. If they
have to de -nude, let them re -plant. Cottonwood is also
dangerous. Ms. Taylor said fire hazard danger is a
fatalistic attitude. She added, she does not represent a
special group. A lot of people are concerned about this.
She does not buy the idea that this is progress, or that
Anchorage is doing it. If she wanted to live in Anchorage
she would. Mayor Malston suggested sending this back to
j
P&Z. They can send recommendations to Council. He asked
Ms. Taylor to speak to P&Z again.
B-2 Ruby Coyle - Shut -In of #1 & #3 Oil Wells in Cannery Loop
Unit.
Union Oil was ready to develop their wells, then asked for a
6 months extension. According to the Code, in order to have
a shut-in they must have permission from the City and renew
it every year. Have they had permission for a shut-in and
have they renewed? And if so, why? City Manager Brighton
(, replied they have asked for an extension and Council has
granted it. Mrs. Coyle asked, every year? Mr. Brighton
replied, yes, since he has been here. Councilwoman Glick
said she had asked Mr. Brighton if Union Oil is in
compliance, are they? Mr. Brighton replied yes, he checked
a few month's ago. Mrs. Coyle said #1 was brought in
completed in June 1979. Have they renewed for 1980, 1981
and 19827 Mr. Brighton replied, they have renewed for the
last 3 years and asked for an extension of the shut-in.
They are closed in temporarily, not permanently. Mrs. Coyle
E asked if that had been brought to Council. Councilman Wise
said he had not seen one. There was a change to give the
City Manager power to approve but it still had to be brought
s-
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KENAI CITY COUNCIL
MAY 16, 1983
Page 3
to Council. Mrs. Coyle noted if th-e; are not in compliance
they have a $100 fine every day not in compliance on both
wells. Mayor Malston asked Administration to have a report
at the next meeting. (6-1-83) Mrs. Coyle asked for a copy
of the report.
C. PUBLIC HEARINGS
C-1 Ordinance 859-83 - Replacing Tables in Kenai Municipal Code -
Salary Structure and New Part Time Employee Hourly Rate
MOTIONS
Councilman Wagoner moved, seconded by Councilman Measles, to
adopt the ordinance.
MOTION, Amendments
Councilman Measles moved, seconded by Councilwoman Bailie,
to amend the motion by adding in the Part Time Salary Table,
after PT-7, "PT-8 -- 7.50; P1-9 -- 8.50."
VOTE, Amendments
Motion passed by unanimous consent.
VOTE, Main Notion as Amended (Passed)s
Yes: Ackerly, Bailie, Measles, Wagoner
Nos Wise, Malston, Glick
C-2 Ordinance 856-83 - Repealing KMC - Prov:tde for Commissions
to Realtors for Sale or Lease of City Lando
City Manager Brighton asked Land Manager Labahn if all the
amendments were included. Mr. Labahn replied yes, there
were 4 amendments. The only amendment not here is
preferential treatment of realtors having a place of
business in the City. Councilman Wagoner explained that was
not his intention, but to distribute listings to businesses
having offices in the City.
MOTION, Remove from Tables
Councilman Measles moved, seconded by Councilman Wagoner, to
remove the ordinance from the table.
Motion pasoed unanimously by roll call vote, with Councilman
Wise abstaining.
MOTION, Amendments
Councilwoman Glick moved, seconded by Councilman Wagoner, to
amend the motion as submitted.
There was no public comment.
VOTE (Passed)s
Yes: Ackerly, Bailie, Measles, Wagoner
Not Malston, Glick
Councilman Wise abstained.
C-3 Ordinance 857-83 - Increasing Rev/Appns - New Flooring in
Existing Racquetball Courts - $8,289
MOTIONS
Councilman Measles moved, seconded by Councilman Ackerly, to
adopt the ordinance.
�m
KENAI CITY COUNCIL
MAY 18, 1983
Page 4
There was no public comment.
Motion passed unanimously by roll call vote.
C-4 Ordinance 858-83 - Amending KMC - Airport Manager and Senior
Citizen Coordinator to Dept. Head, Fire Marshall to Range
17
MOTIONS
Councilwoman Bailie moved, seconded by Councilman Wagoner,
to adopt the ordinance.
There was no public comment.
Councilwoman Glick noted Councilman Wagoner had asked for a
copy of the survey taken 2 years ago. There was some
concern about making an adjustment. City Manager Brighton
replied, Finance Brown researched it, the Librarian was the
only one under discussion. Atty. Rogers noted there were
some typographical errors that would be corrected.
VOTE (Passed):
Yeas Wise, Ackerly, Bailie, Glick, Messles, Wagoner
Not Holston
C-5 Ordinance 861-83 - Increasing Rev/Appns - Repair of Fire
Dept. water Tanker - $20p000 (Federal Revenue Sharing)
MOTIONS
Councilwoman Glick moved, seconded by Councilman Ackerly, to
adopt the ordinance.
There was no public comment.
Public Works Director SCarnelis said this was rebuilt, a
Detroit Diesel. Councilman Measles noted Resolution 83-81
awards the bid for $8,000. Why do we have $20,000? Mr.
Kornelis replied $20,000 was the estimated amount, it will
be between $8,000 and $11,000.
MOTION, Amendments
Councilwoman Glick moved, seconded by Councilman Measles, to
amend the ordinance to $15,000.
VOTE, Amendments
Motion passed unanimously by roll call vote.
VOTE, Main Motion as Amended:
Motion passed unanimously by roll call vote.
C-6 Ordinance 862-83 - Increasing Rev/Appns - Library Donations-
$550
MOTIONS
Councilwoman Glick moved, seconded by Councilwoman Bailie,
to adopt the ordinance.
There was no public comment.
Councilman Measles noted, in other departments of the City,
any income they have goes to the General Fund and is not
appropriated back to the department. Why do we have this
. r.
,
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KENAI CITY COUNCIL
MAY 18, 1983
Page 5
with Library income? City Manager Brighton replied wi
done this for a long time, Council has not questioned
Librarian DeForest explained, fines are not put back 1
Library, they go to General Fund. These are books pui
by the City and damaged by patrons.
Motion passed unanimously by roll call vote.
C-7 Ordinance 863-83 - Amending KMC - Assigned Utility Loc
Within City's Right of Ways
MOTIONS
Councilwoman Glick moved, seconded by Councilman Wagoner, to
adopt the ordinance.
PUBLIC COMMENTs
a. Oscar Thomas, Kenai Utility Service Co. Regarding the
i diagram of recommended utility lines. Keep in mind
•
I that when you are out there with cable, etc., things do
not work like they do at a meeting. He understands the
problem with improperly located utilities, but
sometimes they have a problem with those properly
1 located. KUSCO will be happy to cooperate with any
well -devised mechanics to relocate lines. He has met
with representatives of the City and expressed his
concern. He did not see this ordinance addresses any
-�
of his concerns. The ordinance was proposed because of
frictions between the City and the utility companies.
It will result in higher rates, there will be
litigation some time along the way. It is not in the
public interest to adopt at this time. KUSCO felt the
ordinance should adopt a 2 part policy - stringent in
the new development but in older parts there has to be
flexibility. If the City would create a corridor 8 ft.
in width and let utility operators on the job find out
the utilities there and work with other utilities. The
,!
City will have utilities out cf the way and the
_
problems will be the utility companies. He also noted
page 4, 18.27.010, relocating utility. If he can lower
the line, it is not smart to make them move. Also, the
provision that the Public Works Director has to give
exceptions. That is not fair. He should have right of
refusal. In 1967 KUSCO entered a franchise with the
City. Section 2 said the City will provide all rights
of way necessary to maintain. In review of this
ordinance the City should have an exception to exempt
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K.USCO from costs. KUSCO paid $18,000 in franchise
.1
taxes this year, that should cover all their
activities. Councilman Wise noted regarding exception
to move into right of way, the ordinance provides he
a has to be notified. Mr. Thomas replied, he has to be
notified, but he has to agree. Councilman Wise said if
he did not agree, he can fight it.
Sam Mathews, HEA. He agrees with Mr. Thomas' remarks.
'
The ordinance can create a lot of paperwork regarding
existing roadways. The City will need extra people.
Kent Behr, Multivisions. They support HEA and KUSCU
stand. On Page 3, Section 6, regarding
horizontal/vertical locations. The costs will have to
be passed on to consumers. The survey alone will be
$5,000 per mile, 15 miles would be $75,000 additional.
Locate time required by other utility companies at $14
hr. would take 60 days. It would be about $7200
additional with equipment, etc. On Section 4, 1i2,
�!!!
regarding existing utility lines clearly marked and
signing off the permit. He wondered who would be
s
KENAI CITY COUNCIL
MAY 18, 1983
Page 6
available to sign off at the City, and it would be more
paperwork. Also, machinery needed to build is very
large, they may run into people's yards under these
requirements. TV has to be buried 12" by law,
Multivisions buries deeper. anchorage is using 5
people to go through this process, Kenai will need
extra people. Also, when the City assigns areas, if it
is hilly or rainy, it is difficult to stay on the hill.
Cable TV is not a necessity, if anyone has to be
considerate of people concerns, it is Cable TV.
Sam Matthews, HEA. In the sketch the road is not
defined. The sketch is for an urban situation, there
may be rural with drainage sections, this should be
looked into.
COUNCILWOMAN BAILIE LEFT AT THIS TIME, 805 PM.
City Manager Brighton asked Public Works Director if all the
things alluded to this date were brought up at the meeting
with the utility companies. Mr. Kornelis replied, just one.
He explained they have had 2 formal meetings and many phone
conversations. The phone company did not attend this date,
!
but said they had no problems with the ordinance. The
Borough P&Z has adopted a resolution specifying points where
each line will go. The City went into the zone idea. This
is not new to cities. The form has to be signed by all
I
utilities, then any utility can work with another company on
relocation. Also, someone has to be the deciding body.
Regarding surveying lines costing $5,000. Right now we are
looking at over $5,000 because of KIISCO lines that will have
to be lowered. There are costs when they are not surveyed
in.
MOTION, Postponement:
Councilman Wagoner moved, seconded by Councilman Ackerly, to
i
postpone action till the July 6, 1983 meeting.
Public Works Director Kornelis asked that all utility
companies put their comments in writing.
Kent Barhr, Multivisions. What happens if the utility
companies dig tomorrow without a permit? Mr. Kornelis
explained there is a permit system in effect. He has to
have an excavation permit.
--- -- --
Sam Matthews, HEA. The sketch was the subject at the
utility companies meeting. They could not comment till the
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ordinance come forward.
VOTE, Postponements
Motion asked unanimous) b roll call vote.
P y y
C-8 Proposed Assessment District - Wesbet Circle Wesbet
Subdivision, Lots 5 through 11
a. Resolution 83-70 - Continuation/Termination of Weabet
Circle, Wesbet Subdivision Assessment District
Atty. Rogers explained we have an assessment district
petition. We have no means to stop it, although there has
been a request for cancellation. The letter dated May 11 ,
1983 states that they do not own 50% of the property, that
makes the request invalid.
No action was taken by Council.
C-9 Resolution 83-71 - Transfer of Funds - Overtime in Jail and
Police Dept. - $9,000
KENAI CITY COUNCIL
MAY 18, 1983
Page 7
M0TI0Ns
Councilman Wagoner moved, seconded by Councilman Ackerly, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-10 Resolution 83-72 - Formation of Assessment District - 1st
and 2nd Ste. Between Florida and Redoubt for Street Paving
MOTIONS
Councilman Wise moved, seconded by Councilman Ackerly, to
adopt the resolution, with amendments as followss heading,
line 4, add "and sewer" at the and of the sentence.
Paragraph 1, line 2, after "Avenue," add "and install sewer
benefiting westerly side of lot St." Paragraph 1, line 3,
after "paving" add "and sewer costs be assessed against
benefited properties." Paragraph 2, last line, add "and
sewer" to the sentence.
I
There was no public comment.
City Manager Brighton said he passed out a schedule by the
j Finance Dept. on procedures for an assessment district. He
emphasized this is the optimum schedule. His recommendation
was to not establish an assessment district. The reasons
I are;
s. We are ready to go to bid on this project, we have
funds from Juneau.
b. Mary of the lots are in bankruptcy. He is not sure
what the legal dept.will go through with the lots in
bankruptcy. Crown Development is under Chapter 11
bankruptcy.
The sewer work has been added, it is difficult to determine
costs. Councilman Wise said it was his understanding the
' supplemental was effective duly 1. Mr. Brighton replied it
is in effect now. Finance Director Brown explained, we
received the Municipal Road grant, when the resolution is
passed, it will be in effect. Councilman Wise said he did
not propose to assess 100: or by quantity, but by portion.
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Regarding paving, there are 44 benefited properties. He
s suggests 40%, the assessed $4 lineal ft. would be partial
--
recoup to the City. He did not ;-ropose a significant
portion be assessed. He felt the lots would be worth
$12,000 on improvement. Money from Juneau regarding CIP will
be curtailed. Mr. Brighton said Council established a
policy 3 years ago that as long as money was available from
Juneau they would forego assessments till the money was not
available. If we do this, should we establish assessment
districts for Haller, Evergreen, McCollum;and Lawton,
Aurora, Kaknu, Kians, Candlelight? We will be subject to
criticism if we are not consistent. Councilwoman Glick said
1 some of Council has pushed for assessment districts. It is
�! not fair to give some people gratis. There are already
#i inconsistencies. Councilman Wagoner said there have not
been any inconsistencies in the last 3 years because we have
.
not had any assessment districts. Councilman Wise said
Ithere are a number of projects proposed that cannot be done
because of declining State revenues. The benefited
property owners should pay part of the cost and particularly
when no one lives there.
1
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KENAI CITY COUNCIL
MAY 18, 1983
Page 8
fl VOTE (Failed): I
Yes: Wise
Nos Malston, Ackerly, Glick, Measles, Wagoner
C-11 Resolution 83-73 - Transfer of Funds - Legal Services - Peck
and CIE Cases - $4,000
MOTION:
Councilman Measles moved, seconded by Councilman Ackerly, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
C-12 Resolution 83-74 - Accepting State Municipal Grant -
$1,487,000
I
MOTIONS
Councilman Wagoner moved, seconded by Councilman Ackerly,
to
adopt the resolution.
There was no public comment.
y =
Motion passed by unanimous consent.
C-13 Resolution 83-75 - Awarding Bid for Book and Library
Detection System to 3M Co.
d
u
MOTION:
1 Councilwoman Glick moved, seconded by Councilman Wagoner,
to
adopt the resolution.
.i'.
There was no public comment.
Councilman Wagoner asked why the award went to 3M if
South Central is in Kenai. Librarian DeForest explained
'
South Central is a sticker in the book. Other librarians
have said this can fall off, it is not hidden. The other
is
a piece of tape in the spine, it is hard to take out.
VOTEs
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' Motion passed unanimously by roll call vote.
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C-14 Resolution 83-76 - Awarding Bid for 2-Ton Flatbed Truck to
Peninsula Ford - $24,900
MOTIONS
Councilwoman Glick moved, seconded by Councilman Measles,
to
adopt the resolution.
There was no public comment.
Motion passed by unanimous ^onsent.
N -
C-15 Resolution 83-77 - Transfer of Funds - Temporary Employee
in
Library - $1,000 (Federal Revenue Sharing )
fi
MOTION:
p .
a
�I Councilwoman Glick moved, seconded by Councilman Wagoner,
to
adopt the resolution.
ff�
I There was no public comment.
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KENAI CITY COUNCIL
MAY 18, 1983
Page 9
Motion passed by unanimous consent.
C-14 Res. 83-76
Councilman Wagoner asked if the special color would cost us
extra money. Public Works Director Kornelis replied we
usually have that color. He thought he could get it cheaper
if someone had one on their lot.
C-16 Resolution 83-78 - Haller, Evergreen, McKinley, 3rd, 4ti,
27th, 32nd - Water & Sewer Main, Street Improvements - Award
Contract to Zubeck Inc. - $1,785,076
MOTIONS
Councilman Wagoner moved, seconded by Councilman Ackerly, to
adopt the resolution.
j There was no public comment.
Motion passed by unanimous consent.
I
C-17 Resolution 83-79 - Authorizing Participation in State Day
Care Assistance Program
MOTIONS
Councilman Measles moved, seconded by Councilman Wagoner, to
adopt the resolution.
There was no public comment.
Councilman Wagoner asked if there was anything written that
makes the City liable if the State discontinues the program.
City Manager Brighton replied no. He added we have a
contract with the Women's Resource Center to administer. We
.are pass -through. The children have to be in the City of
Kenai. Councilwoman Glick asked if we have verification
from the Women's Resource Center that youngsters are
residents of the City. Finance Director Brown replied we
reviewed it last year. At the time of the request they
provided this but they do not provide it monthly.
Councilwoman Glick asked for regular verification.
VOTE (Passed):
Yess Wise, Malston, Ackerly, Measles, Wagoner
Not Glick
C-18 Resolution 83-80 - Spruce, 2nd, 3rd - Water & Sewer,
Streets, Designating Improvements and Streets
MOTION:
Councilwoman Glick moved, seconded by Councilman Wagoner, to
adopt the resolution.
There was no public comment.
MOTION, Amendments
Councilman Wise moved, seconded by Councilwoman Glick, to
amend the motion to delete #9, sidewalks.
Councilman Wise explained the sidewalks we have in the City
are not suitable for use in the Winter when they are needed
because of ice and snow. This is unnecessary.There is a
possibility of 39 lots to provided with water & newer,
streets and sidewalks, and only 9 existing dwellings would
KENAI CITY COUNCIL.
MAY 18, 1983
Page 10
benefit. There are 33 undeveloped properties, 12 are
City -owned. Councilman Ackerly asked what is the saving?
Finance Director Brown replied he did not know.
VOTE, Amendment (Failed)s
Yeas Wise
Nos Malston, Ackerly, Glick, Measles, Wagoner
Councilman Wise said he would like to see this part an
assessment district.
VOTE, Main Motion (Passed)$
Yost Malston, Ackerly, Glick, Measles, Wagoner
Nos Wise
C-19 Resolution 83-81 - Awarding Contract for Rebuilt Detroit
Diesel Engine for the Fire Dept. Water Tanker Engine
MOTIONS
Councilwoman Glick moved, seconded by Councilman Wagoner, to
adopt the resolution.
There was no public comment.
Motion passed by unanimous consent.
UN -NUMBERED ITEMS
Mayor Malston noted Councilwoman Bailie left the meeting
because she is scheduled for surgery tomorrow (5-19-83).
Councilman Wise suggested the Clerk send flowers to her.
Council agreed to the suggestion.
D MINUTES
D-1 Regular Meeting, May 4, 1983
Clerk Whelan said page 3, item C-1, #1, line 2, the word
"approved" should be "appraised."
Clerk Whelan said page 12, item G-9, paragraph 3, line 4,
the word "if" should be "is."
Clerk Whelan said page 14, item G-13, the vote was not
stated. Voting yess Wagoner, Wise, Ackerly, Bailie,
Measles. Voting no: Malston
Council approved the corrections.
E. CORRESPONDENCE
E-1 Harlequin Studios, Kenai - Airport Expansion Project,
Exterior Wall Paneling
Councilwoman Glick asked Architect Gintoli, if we continue
with the metal siding, can we get colors? Mr. Gintoli
replied yes. Public Works Director Kornelis explained, the
enange order was approved to point the existing and stucco
the front door. It has not been done yet. Councilman
Wagoner asked Mr. Gintoli it he was going to bring color
renderings, Mr. Gintoli replied yes. He added, the change
order will be done when the colors are selected. The stripe
at the top was set aside till the building was painted. Mr.
Kornelis explained, at the April 20 meeting, 2 alternatives
were submitted - paint acid metal siding. It was amended to
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KENAI CITY COUNCIL
MAY 18, 1983
Page 11
include $7,000 for painting, deduct $312 for concrete
sidewalk and adding $2,000 for stucco instead of metal
siding at front door. Councilman Wagoner noted we are
looking at $50,000 difference. $22,000 for the boiler has
been ad4ed. We are trying to save some money for paving.
David Brown. The City should not cover their mistakes by
painting. They should tie the building together. Paving
the parking lot will not help the aesthetics of the airport.
John Williams. He complimented Mr. Gintoli on the airport
job. He suggested matching paint to the new part would
suffice till we see it.
MOTIONS
Councilman Measles moved, seconded by Councilman Wise, to
rescind the change order on the terminal building.
VOTE (Passed):
Yess Wise, Malston, Ackerly, Glick, Measles
Nos Wagoner
MOTIONs
Councilman Measles moved, seconded by Councilwoman Glick, to
amend the change order to put metal siding on the old
portion of the airport in the some manner as the new, at a
cost of $57,097.
Councilwoman Glick asked Councilman Measles if he intended
to make it white all around or color? Councilman Measles
replied, color compatible with the building. Mr. Gintoli
said he would have color schemes and samples at the next
meeting. The entire building will be covered. Councilman
Ackerly asked about the blue posts. Mr. Gintoli replied
that was in the original contract, also the blue stripe.
Public Works Director Kornelis noted the concrete sidewalk
was to come up to the building where the freight door is.
In the original drawing the freight door was metal. If you
go to metal siding, you may want to delete the concrete
sidewalk.
MOTION, Postpones
Councilman Wagoner moved, seconded by Councilman Wise, to
postpone till the next meeting.
VOTE (Failed) s
Yost Wise, Wagoner
Nos Malston, Ackerly, Glick, Measles
MOTIONS
VOTES
Councilman Wise moved, seconded by Councilwoman Glick, to
amend the change order to delete the $312 and reduce the
change order appropriately.
Councilman Wagoner asked, are we assuming the contractor
will give us the same cost? Mr. Gintoli replied, as of last
week it was still good.
Motion passed unanimously by rGll call vote.
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KENAI CITY COUNCIL
MAY 18, 1983
Page 12
Mayor Malston suggested a meeting with Mr. Gintoli regarding
colors. Councilman Wagoner noted we will need color
renderings.
VOTE, Main Motion as Amended:
Motion passed unanimously by roll call vote.
t
Mayor Malston asked that Mr. McMillan be notified that the
subject will be discussed at a work session.
Council agreed to set a work session on June 1, 1983 at 6:30
PM, before the regular Council meeting.
F. OLD BUSINESS
None
G. NEW BUSINESS
G-1 Bills to be Paid, Bills to be Ratified
NOTIONs
Councilwoman Glick moved, seconded by Councilman Ackerly, to
approve the bills as submitted. ,4
Motion passed by unanimous consent.
G-2 Requisitions Exceeding $1,000
City Manager Brighton suggested dividing the item regarding
the $10,000 donation to the Residential Development
Committee.
MOTION:
Councilwoman Glick moved, seconded by Councilman Measles, to
approve the requisitions as submitted, with the exception of
the $10,000 to Chamber.
Motion passed by unanimous consent.
MOTION, $10,000 Donations
Councilwoman Glick moved, seconded by Councilman Ackerly, to
approve PO #15251 in the amount of $10,000 to the Chamber of
Commerce.
City Manager Brighton explained the PO just stipulates
contingency on funding from the Borough.
Jim McConnell, Residential Development Committee. They
asked for about $10,000 or whatever Council thought
appropriate, subject to Borough approval. The original
proposal was at a cost of $38,000. The RDC has been
represented by people of the community, some said it
should be just for residents of Kenai. It would be
excellent if each city could do that. If they did, th.
outlying areas would benefit without putting in their fair
share. Soldotne will come up with $10,000 if the Borough
cores up with funds. If the Assembly does not approve, It
is dead. They have missed this season on promotion. He is
pleased with press reaction. RDC has $50,000 to work with.
We need residences, not tourists. The RDC approach has been
to develop industry. If Kenai wants to do their own, okay.
Whatever campaign Kenai puts on, Soldotna will benefit. If
the Borough does not go, he hopes both cities will go
together. Councilman Wagoner asked Mr. McConnell about
manning of the project. Mr. McConnell replied, the original
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KENAI CITY COUNCIL
y MAY 18, 1983
I Page 13
intent one year ago was started by builders, the vehicle was
the Chamber. If this is funded, their intent is to
establish a central office not attached to any chamber. If
they get a request for information, they will send a packet
of all communities. There has to be a way to monitor. They
are not incorporated, so they would have no problems with
the Borough. Once it is started, the key people will be
home builders and contractors. Councilwoman Glick asked if
proposing company is competent and will they do it in the
time frame? Mr. McConnell replied, of the 3 firms asked, 2
replied. He has not checked the references. Councilwoman
Glick noted one firm had a previous relationship with the
Borough. Mr. McConnell agreed, with a slide presentation
done with the Borough. He will check this out. They feel
one-on-one film system is the beat right now. He noted some
people have said he should pay for this because he is a
banker and will profit, and some people do not have water.
But we need people before we can have development. He can
foresee 15,000 people for Kenai, 10,000 for Soldotna. This
is the cheapest place to live in the State.
Bob Williams, Kenai Chamber. They formed a committee to
establish guidelines.
s. They did not intend to authorize any funds through the
Chamber till the committee submits goals, time tables
and a budget.
b. There should be minimal funds used for overhead.
c. There should be contact with existing Chambers. They
are concerned with hiring too many people.
d. The primary thrust should be for Peninsula living and
to a specific group. If we limit the approach we can
get more done with the funds.
e. The Chamber will keep the City Managers notified
regarding the project.
f. If the Chamber reaches the point where they cannot
support It, they will return the funds to the city.
Councilman Ackerly asked, the Chamber will support the
entire Peninsula rather than the City? Mr. Williams
replied, they felt there is a need to be served by focusing
on a specific people. They are not saying they approve of
all because they have not seen the entire proposal. City
Manager Brighton asked, has the Chamber given any
consideration to do only for the City? Mr. Williams replied
no, the Board has been supportive of directing people to the
area, they have no specific program. Councilwoman Glick
asked, if the Chamber developed their own plan, could they
be expanded to overall or would they foresee they would be
involved with the original proposal for one year and next
year make up a different plan? Mr. Williams replied the
general plan would serve the need to attract people to the
area, then each city would be willing to promote their own
area. Councilwoman Glick said encouraging people to the
area would be low cost, the major emphasin would be
the cities. Mr. McConnell said the target to hit upon is
non-resident North Slope oil workers. ROC would contact the
Slope oil companies, go to the Slope and make a one-to-one
presentation.
MOTIONS
Councilwoman Glick moved, seconded by Councilman Wiae, to
add on the P0, "in the amount of $15,000 or more from the
Kenai Peninsula Borough."
Mr. McConnell explained if we went with the total package it
would be $80,000. It is their fooling II38,UOU to produce
the films is needed. The Borough will own and anyone could
tine them. If All cities put in, the Borough should put in a
i KENAI CITY COUNCIL
MAY 18, 1983
Page 14
bunch for the communities that cannot put in money. Their
intention was the Borough would put in 038,000 for the film,
the cities would put in the rest for promotion.
MOTION, Amendment:
Councilwoman Glick moved, seconded by Councilman Wise, to
raise the amount to $30,000.
Councilman Ackerly asked .if they had any response from
Homer. Mr. McConnell replied he had not talked to them. He
wanted to know what Kenai would do first. Councilwoman
Glick said by appropriating the money through the Chamber, if
the Borough does not go, we are not out any. If we
appropriate through the Chamber, they have 6 items outlined,
it will be in good hands. Mr. McConnell said if this is
appropriated, he will not put it together. Realtors, bank
representatives, home builders will do it.
MOTION, Amendment to Amendment:
{
Councilman Wagoner moved that the office of RDC would be
located within the city of Kenai.
Motion died for lack of a second. ;
-
VOTE, Amendments
g
MotiosY passed unanimously by roll call vote.
VOTE, Main Motion as Amended (Passed):
-,;
Yess Wise, Malston, Ackerly, Glick, Measles r
0 u
Nos Wagoner
Mr. Williams said he did not think an office was necessary.
Y/
Penny Dyer, Kenai Chamber. Their idea is we are not
accepting what is proposed, just that we are going to look
°
at it. If Kenai is not going to benefit, they will not be
interested. Councilman Wagoner said he wanted to reiterate
Council has just given $30,000 to the Chamber that has not
been approved, prior to the major portion being funded. The
City is being used to promote leverage for $38,000 from the
Borough. We are in a very tenuous position.
G-3 Ordinance 864-83 - Increasing Rev/Appne - Boat Ramp, On -Site
Water do Sewer Facilities, Showers, Dock Fueling Facilities -
$3000000
MOTIONS
( Councilwoman Glick moved, seconded by Councilman Ackerly, to
rises
introduce the ordinance.
Motion passed by unanimous consent.
G-4 Ordinance 865-83 - Adopting 83-84 Budget
MOTIONS
Councilman Measles moved, seconded by Councilman Ackerly, to
introduce the ordinance.
VOTE (Passed):
Yes: Malston, Ackerly, Glick, Measles, Wagoner
Not Wise
KENAI CITY COUNCIL
MAY 18, 1983
Page 15
G-5 Ordinance 866-83 - Evergreen, Haller, McKinley, 4th, 32nd,
3rd 6 2nd - Reallocating 1903 Municipal Grant - $440,176
MOTIONS
Councilwoman Glick moved, seconded by Councilman Ackerly, to
introduce the ordinance.
Finance Director Brown said he is asking this be paosed at
one meeting. It is a transfer to move the money. He cannot
guarantee there will be enough to award the Candlelight
contract till we have the contract. There will be enough
for Evergreen. There may not be enough for both. There is
a contingency on DEC.
VOTE (Pesaed)s
Yess Malston, Ackerly, Glick, Measles, Wagoner
Not Wise
MOTION, 2nd Readings
Councilwoman Glick moved, seconded by Councilman Ackerly, to
have the 2nd reading this date.
VOTE (Failed):
Yeas Malston, Ackerly, Glick, Measles, Wagoner
Nos Wise
Unanimous consent required for 2nd reading.
Finance Director Brown suggested reconsideration of the
contract. Councilman Wise suggested changing the source of
funding, increasing revenue from Capital Improvement
reserve. It can be backed out later from DEC. Councilman
Wagoner said we are looking at the overall development of
the City. Just because no one lives in the area does not
mean they will not be there .later. City Manager Brighton
suggested rescinding the contract till the next meeting.
C-16 Resolution 83-78
MOTION, Reconsiderations
Councilman Wagoner moved, seconded by Councilman Ackerly,
for immediate reconsideration of Resolution 63-78.
VOTE (Poseed)s
Yess Malston, Ackerly, Glick, Meanlea, Wagoner
Not Wise
MOTION, To Tables
Councilman Wagoner moved, seconded by Councilman Ackerly, to
table Resolution 83-78 till June 1, 1983 meeting.
VOTE (Passed):
Yess Malston, Ackerly, Glick, Measles, Wagoner
Not Wise
G-6 Ordinance 867-83 - Increasing Rev/Appns - lot, 2nd Sts. -
Paving & Sower - $741,000; Aliak, McCollum, Cinderella, Fox,
Princess, Linwood Extended - Gravel - $7469000
MOTIONS
Councilwomen Glick moved, seconded by Councilman Ackerly, to
introduce the ordinance.
A
KENAI CITY COUNC TI.
MAY 18, 1983
Page 16
VOTE (Passed);
Yess Malston, Ackerly, Glick, Measles, Wagoner
Nos Wise
G-7 Discussion - Salariea - City Manager, City Attorney, City
Clerk
MOTIONS
Councilman Wagoner moved, seconded by Councilman Ackerly, to
accept the salaries as submitted.
VOTE %Passed):
Yost Malston, Ackerly, Measles, Wagoner
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Nos Wise, Glick
G-8 Discussion - Vacation Proceedings - Alley do Utility
Easement - 81acxaold Estates Subdivision
MOTIONS
Councilman Wise moved, seconded by Councilwoman Glick, for
_
approval of the request.
Motion passed unanimously by roll call vote.
G-9 Discussion - Section 36
Land Manager Labahn explained he has submitted 3
alternatives. The Atty. findings say we have to determine
if all Section 36 lands are to be used for public purposes.
P&Z reviewed and asked that 4 tracts be considered for
disposal and 160 acres east of Spur be for disposal. They
will review the area east of the highway at the next
meeting. Atty. Rogers reviowed the requirement that
findings by Council be made that it not be needed for public
use. He suggested Council consider having P&Z and Land
Manager Labahn consider restrictive covenants on how it
will be developed. An ordinance will be very important for
_
developing. There could be a situation where Council will
have its hands tied to the highest bid and it may not be the
best use. Councilman Wise said the problem we have always
had is water do sewer. It has been rezoned for moderate
- =-'
density development. Before you can plat or tract a
' preliminary plat must be prepared identifying water & sewer
-
service. The south side is quite high and may not be
serviceable without lift stations. Councilman Measles noted
the fact that the center crossing on the sewer line is not
—
usablo. Is this an engineering problem and do we have
recourse against the firm? Councilman Ackerly stated we
should not find out this way. Public Works Director
' Kornelis said it is usable, is 4-5 ft. higher than designed.
( The City Engineer said there was some problem :oath boring
f under the highway. They hit an object and went higher. It
F ,,
still can serve across the highway but not as much. We
s, could re -bore, he would like to surface trench. Councilman
Wagoner asked if the engineer made the City aware. Mr.
Kornalis said he would have a full report at the next
meeting.
MOTION:
Councilman Wino moved, seconded by Councilwoman Glick, to
have preliminary plat and preliminary engineering.
KENAI CITY COUNCIL
MAY 189 1983
Page 17
Councilwoman Glick asked if the 4-5 lots would be put in as
proposed by P&Z. Councilman Wise said, do the preliminary
engineering first.
John Williams. Section 36 is probably the most valuable
piece of property the City has. The entire project should
be for the benefit of the City. Pre -planning is important.
Notion passed by unanimous consent.
Councilman Wagoner suggested a park be considered. He asked
that Recreation Director McGillivray work with Land Manager
Labohn and recommend acreage and release land elsewhere.
Council agreed to the suggestion.
G-10 Senior Citizens Community Center - Change Order P5 - Deduct
$3,000
MOTION$
Councilman Wise moved, seconded by Councilwoman Glick, to
approve the change order.
Motion passed by unanimous consent.
Councilman Wagoner asked why we are deleting the
landscaping? City Manager Brighton replied, the senior
citizens wanted to do it themselves.
H. REPORTS
H-1 City Manager
None
H-2 City Attorney
Atty. Rogers spoke.
a. He thanked the Council for the trip east. There may be
no regulations on cable TV as a result of national
legislation. It would be 5% of the gross. The
contract seminar was relevant to actions tie will take.
b. CIE bankruptcy court, they have a $36,500 arrearage.
In future leases we will have priority. Upon default
bankruptcy court will not offer them protection and he
could seek eviction.
Co Council requested information on the fence at Old Town
Park. A letter was sent and not claimed. Suit has
been filed.
H-3 Mayor
Mayor Malston spoke.
a. Today is Kenai's 23rd birthday.
b. Mayor Malston referred to the memo in the packet
regarding Library Commission appointments.
MOTION$
Councilwoman Glick moved, seconded by Councilman Measles,
to concur with the recommendations of the Mayor.
Motion passed by unanimous conount.
I
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KENAI CITY COUNCIL
a�
MAY
18, 1983
Page
18
Terms will be set by Mayor Malston according to Code.
H-4
City Clerk
Clerk Whelan spoke.
--
a. Clerk Whelan referred to the memo in the packet
regarding appointment of election judges and salaries.
MOTIONS
Councilman Wise moved, seconded by Councilwoman Glick, to
approve the election chairmen and judges, and salaries as
submitted.
Motion passed by unanimous consent.
I!
i
b. As requested by Council, the information regarding the
granting of time off for voting is in the packet.
c. Councilman Ackerly asked where the June 7 election will
be held. Clerk Whelan replied, Kenai Elementary School
gymnasium.
H-5
Finance Director
(�
j
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None
H-6
Planning do Zoning
Councilwoman Glick said an application for a car wash on
Spur was submitted for the lots beyond Dairy -Queen. P&Z
discussed it. We need water do sewer between Airport Way and
Main St. Extended. Mayor Malston asked if it had been
engineered. Councilwoman Glick replied no, is there money
available to have water do sewer there? Councilman Wise said
it would have to be platted first. City Manager Brighton
replied there is money for engineering. Land Manager Labahn
r
said it is not certain the applicant will pursue that site.
Councilman Wagoner asked, don't we have water do sewer on the
other side? That is already available and no one is
—
requesting it. City Manager Brighton noted we are fialking
about overall development, that will need a work session.
'
Council agreed to meet June 8, 1983 at 6sOO PM with P&Z ,
before the
regular P&Z meeting.
-
H-7
Harbor Commission
U � J
None
H-6
Recreation Commission
Recreation Director McGillivray spoke.
s. The Commission recommendations are in the packet.
b. Mr. McGillivray asked that the wooden bleachers be
removed from the Little League ball field. They have
monies available for metal bleachers. They will need
4, about 25 ft. long, 5 rows. It will cost about
$3,400 to $3,7O0.
MOTIONs
Councilman Wine moved, seconded by Councilman Measles, to
approve the request for metal bleachers.
Motion passed by unanimous consent.
KENAI CITY COUNCIL
MAY 18, 1983
Page 19
1. PERSONS PRESENT NOT SCHEDULED 10 BE HEARD
a. Councilman Measles asked City Manager Brighton if the
City had taken any action on 58-255, payment for legal
services to indigents. Councilwoman Glick said she
understood it did not affect us. Atty. Rogers
explained indigents are not entitled to appoint" counse I -F�►�f
8p`se'^� 4Fw---&9&ket9 of the City.9r This would not affect the
Qr.pgr e.� 25 City? ifthis will affect primarily Anchorage. Anchorage
has been reimbursed for the cost of providing attorneys
by the state. It is when municipalities are the citing
agency. He will check into it.
b. Councilman Wagoner said there is a chance there might
be a closure of the State office for overweight
vehicle loads. They would have to go to Anchorage. He
asked that Administration check into this and write a
letter to agencies involved. City Manager Brighton
said a letter has already been written with a copy to
Gov. Sheffield and Dept. of Commence & Economic
Development. It is his understanding it will close
June 30.
MOTIONS
Councilman Wagoner moved, seconded by Councilman Wise, to `
send letters regarding SO-255 to those involved and to the
Kenai legislators.
Motion passed by unanimous consent.
Councilwoman Glick asked that copies be sent to the
Council.
ADJOURNMENTS
Meeting adjourned at 12s45 AM.
Qti 21jP�
Janet Whelan
City Clerk
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