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HomeMy WebLinkAbout1983-11-30 Council MinutesA. B. C. D. AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 30, 1983 - 7:00 PM PLEDGE OF ALLEGIANCE ROLL CALL 1. Agenda Approval PERSONS PRESE►IT SCHEDULED TO BE HEARD 1. Chris Martin - Animal Control Ordinance PUBLIC HEARINGS 1. Ordinance 896-83 - Amending Kenai Municipal Code - Deleting Maximum Annual Leave Accumulation 2. Ordinance 898-83 - Increasing Rev/Appns - Animal Control Helper to Full Time - $12,285 3. Ordinance 899-83 - Increasing Rev/Appns - Design of Float Plane Basin - $200,000 4. Ordinance 900-83 - Increasing Rev/Appns - Contract Snow Removal 6 Sanding - $15,000 5. Ordinance 901-83 - Increasing Rev/Appns - Section 36 Development 6. Resolution 83-151 - Awarding Contract - Section 36 Development - McLane do Assoc. 7. Resolution 83-155 - Transfer of Funds - Overtime for Building Inpsector - $2,038 S. Resolution 83-156 - Adopting 1984-85 Capital Improvement Projects List 9. Resolution 83-157 - Community Center Development Committee 10. Renewal of Liquor License So Little Ski Mo b. Le Fiesta 11. Renewal of Liquor License - Larry's Club MINUTES I. Regular Meeting, Nov. 16, 1983 t I 1 n C E. CORREiPONDENCE F. OLD BUSINESS 1. Travel Center - Application for Lease Space at Airport (Notice of Reconsideration) G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 902-83 - Increasing Rev/Appns - Engineering for Police Addition - $107#492 4. Ordinance 903-83 - Increasing Rev/Appns - Engineering for Library Addition - $107,492 5. Ordinance 904-83 - Establishing Tenancy Requirements in Airport Terminal 6. Amendment of Lease - Extension of Construction Completion Date - Dan Pitts - FBO S/D 7. Assignment of Lease - Great Northern Investment, to Roger & Constance Noll - CIIAP B. Assignment of Lease - Katmai to Pace Corp. a. Consent to Sublease - Pines Corp. to Pace Corp. 9. Appraisal and Acquisition of 80 Acres for Float Plane Basin H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning do Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT n 3 i f e '>l KENAI CITY COUNCIL - REGULAR MEETING, MINUTES NOVEMBER 30. 1983 - 7s00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Monfor, Wise, Wagoner, Ackerly, Bailie, Hall, Measles Absents None A-1 Agenda Approval Agenda was approved as submitted. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Chris Martin - Animal Control Ordinance Ms. Martin was not present. C. PUBLIC HEARINGS C-1 Ordinance 896-83 - Amending Kenai Municipal Code - Deleting Maximum Annual Leave Accumulation MOTIONs Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Councilman Wise said he could not support it, it encourages accumulation of leave. The important thing is that the employee take leave and get away from the City for a given amount of time. Mayor Wagoner explained they have to take two weeks now. VOTE (Passed)s Yess Monfor, Wagoner, Ackerly, Bailie, Hall, Measles Not Wise C-2 Ordinance 898-83 - Increasing Rev/Appns - Animal Control Helper to Full Time - $12,285 MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENTS Andres Duewske. She strongly urged passage of this ordinance. She lives in VIP. Animal Control Officer Godek is doing a fine job. There are so many dogs running loose day and night they could use one officer for this area alone. She would like to see fines increased, to pay for additional personnel. She would like to be able go down the road safely and have her child safe outside. Mr. Godek is doing a fine job but he cannot do it alone. The population has increased but pet responsibility has not. Clerk Whelan noted the letter distributed to Council this date regarding this ordinance. Councilmen Wise said he objects to making budget decisions 5 months after budget approval. Also, more people do not mean better service. He asked, how did this get on the agenda? Mayor Wagoner replied, he asked for it. He added, part of Administration's job is to make changes in the budget when needed. r 1 I n KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 2 Motion passed unanimously by roll call vote. C-3 Ordinance 899-83 - Increasing Rev/Appns - Design of Float Plane Basin - $200,000 MOTION$ Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENTS Ruby Coyle. She suggested the records be checked, Mr. Galliett designed a float plane basin. We pay too much money for the design, then drop it, then design again. It is a waste of City money. Councilman Measles said if we were looking at a full float plane basin, he could understand spending the money. What we need and what the operators want, we could do the entire project for this amount. He would like to survey and plat and put this money into the actual work. VICE MAYOR MEASLES TOOK THE CHAIR. Mayor Wagoner said at the last meeting a committee was established to study this. Appointments will be made before Jan. 19 1984. MOTIONS Mayor Wagoner moved, seconded by Councilwoman Monfort to table action till April 4, 1984. VOTE, Table (Passed): Yess Monfort Wise, Wagoner, Hall, Measles Not Ackerly, Bailie MAYOR WAGONER RESUMED THE CHAIR. C-4 Ordinance 900-83 - Increasing Rev/Appns - Contract Snow Removal h Sanding - $15,000 MOTIONS Councilman Ackerly moved, seconded by Councilman Hall, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Wise moved, seconded by Councilman Measles, to amend the ordinance to delete the words "and sanding" in the title and the tat WHEREAS paragraph. Councilman Wise explained, he has no problem with contracting out, there are a lot of people with equipment to do it. Sanding equipment is not available. The City has equipment that is not available in the general contracting community. Councilman Ackerly noted in Public Works Director Kornelis' memo, item Its, we should not have to pay prevailing rate. Mayor Wagoner agreed, noting we are talking about maintenance, not construction. VOTE, Amendments Motion passed unanimously by roll call vote. a I C KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 3 VOTE, Main Motion as Amended (Passed)s Yess Wise, Wagoner, Ackerly, Hall, Measles Nos Monfor, Bailie C-5 Ordinance 901-83 - Increasing Rev/Appns - Section 36 Development MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-6 Resolution 83-151 - Awarding Contract -Section 36 Development - McLane & Assoc. HOTIONs Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman Ackerly asked if Administration had talked to them about a time table. Engineer LaShot replied he did not think there is a problem. Atty. Rogers added, they stated it was good winter work. Councilman Wise said he thought this was more than was necessary. VOTE (Passed)s Yess Monfor, Wagoner, Ackerly, Bailie, Hall, Measles Nos Wise C-7 Resolution 83-155 - Transfer of Funds - Overtime for Building Inspector - $2,038 MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. C-8 Resolution 83-156 - Adopting 1984-85 Capital Improvement Projects List MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENTS a. Ron Chappell. He thanked the Council for consideration of the library addition. He suggested it be moved up 2 notches. b. Ruby Coyle. The Beaver Loop fire station was #15. She has been in the City since it was formed. When it was organized, it was for fire, police, water & sewer. The people on the east side have nothing. It is the duty of the Council to do things that are most important for y KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 4 the citizens - fire, police, water do sewer. There are 42 homesteads in the City. Ever since the City was formed, they have been in competition with the citizens. She did not see how they could do nothing for these people. Mayor Wagoner explained that had been discussed at work sessions and meetings. The facts do not justify this at this time. Mrs. Coyle asked, what do they value the cost of someone's life? Where a house burns, there are many things that cannot be replaced. Councilwoman Monfor said she did not want the library addition to be M She is from east Kenai and is wondering if this is right. This is an old section of town, but it is growing. There are other ways to get money for the airport and small boat harbor, but the fire dept. is what she wants her tax dollars to go for. Council should seriously consider it next year. The people paying the tax base should receive services. Councilwoman Bailie said the police dept. should remain first. Everyone should take a look at it. The conditions are deplorable. More than 80: of police work is in the department. It is time they get adequate conditions. MOTION, Amendments Councilman Wise moved to change the list to reads 1. Library Addition 2. Police Addition 3. Beaver Creek Fire Station Motion failed for lack of a second. Mayor Wagoner said in the packet are 2 ordinances to allow engineering and design for library and police station. At the time Council made the list, design and engineering were included. Many times we get a grant from the State for a specific purpose. We have to get permission from the State if it is over cost, should we change? (sics costa in the CIP list) Councilman Ackerly asked, in the course of getting a grant, can we re -coup the engineering costs? Finance Director Brown replied, usually not. Prior costs are not reimbursable. Sometimes we can go back about 90 days. Mayor Wagoner explained, that could cost us $200#000 that we could use on another project. Councilwoman Bailie asked, couldn't that money be used on those projects? Weren't they included in the scope? Mr. Brown replied, yes. If $814,000 was for police design, for example, and we spent some of our money, we could say we will lose but in all likelihood that will not happen. There is usually some way to use it. Mayor Wagoner said right now we could establish prices to give the State an amount of money they can deal with. b100,000 from each project could be used for some other project instead of being in this account. Councilwoman Monfor noted, this is from a 1972 bond issue. Is there interest? Mr. Brown replied yes, but it has not been added. Councilwoman Monfor said, if we took $100,000 for engineering the police and library additions, we are ahead of the game if the construction money is granted. Mayor Wagoner asked, do we want to be ahead of the game? The Council sets prices on projects and square footage. That costs money to maintain. We have additional money that we may not want in here. These 2 figures already include the cost of architect and engineering. In the packet we have ordinances that take care of funding for those 2 costs so these are inflated. Councilman Hall added, we will only need $714,000, if we do not ask for the #200,000, we will t a KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 5 be out thai. much. Mayor Wagoner said it could be funded into these 2 projects and we may not have flexibility. The State will not reimburse us for funds expended. Councilwoman Monfor said if we wait for State funds, we have to wait till the Legislature convenes and decides. If we go ahead and pass the $200,000 we can start now. She added, she thought the bond monies could not be used for just anything. Mayor Wagoner said the money can be used for these purposes. He just wanted to drop $2009000 from the CIP list to be used someplace else if it is a lump sum. Mr. Brown said it was academic. We will not get the grants apecified se such. There is no assurance it will be put anyplace else if you take it out. He did not think it was in our best interests to reduce the amount. Notion passed unanimously by roll call vote. C-9 Resolution 83-157 - Community Center Development Committee MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resoluti-n. There was no public comment. Notion passed unanimously by roll call vote. C-10 Renewal of Liquor License a. Little Ski No b. La Fiesta Clerk Whelan referred to the memo from the Borough regarding the 2 businesses. MOTION$ Councilman Measles moved, seconded by Councilwoman Bailie, to send a letter of non -objection to ABC regarding La Fiesta; and request a 30 day extension on the Little Ski Mo. Motion passed unanimously by roll call vote. C-11 Renewal of Liquor License - Larry's Club Clerk Whelan referred to the memo from the Borough regarding 7the two businesses. MOTION s Councilman Measles moved, seconded by Councilwoman Bailie, to send of letter of non -objection to ABC regarding Larry's Club. Motion passed by unanimous consent. D. MINUTES Clerk Whelan noted that page 5, item C-79 there was no public comment on the item. Minutes were approved an corrected. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Travel Center - Application for Lease Space at Airport (Notice of ReConsideraCion) 0 Ca KENAI CITY COUNCIL NOVE14BER 30, 1983 Page G VOTE, Reconsideration (Failed): Yess Monfor, Wise Not Wagoner, Ackerly, Bailie, Hall, Measles Council agreed to hear from representatives of Travel Center. John Hopwood, Attorney for Travel Center. He introduced 3 people in attendance from Travel Center. The reason they asked for reconsideration was, there is otse procedure that was not done in the application. Was this application adequate at the last meeting,and if not, was that the reason for the denial? He noted, a corrected application was submitted at this date. Atty. Rogers replied, he did not consider that a procedural problem. Council had considered the application as submitted. He added, they may not have to go to P&Z. They may be able to just go to the City Manager. If the criteria are met, he can make a recommendation. Mr. Hopwood said the Travel Center people are willing to comply with all requirements. The City has a wonderful terminal and they want to add to that. There is no real guidelines on who or how many can leaoe at the terminal. Mayor Wagoner asked, whose money has been spent on this effort? Mr. Hopwood replied, Travel Center acquired the travel agency and has spent their own money. Mayor Wagoner said he had heard there have been phones and computer lines ordered for the airport. Mr. Hopwood replied he cannot address that. Atty. Rogers said he did not want them to think that granting is automatic if they follow procedures. DISCUSSION ITEM, Airport Terminal Regulations% MOTIONS Councilman Wise moved, seconded by Councilman Measles, to have Administration directed to provide a final draft no later than Jan. 1, 1984 on the airport. Mayor Wagoner said Council asked for a draft of regulations regarding space lease for air charter. Councilman Wise said the ramifications have gotten larger with the fiasco over the bar. He was under the impression it was to direct at the whole operation of the terminal. Atty. Rogers explained part of the request regarded a matter he is working on - request for proposals for various types of concessions. There will be stringent criteria. Council will have to approve it. He added, the air carrier problem probably could not have been resolved with the regulations in effect. The bar situation was the result of a problem we hope is resolved. VOTE (Passed): Yess Wise, Ackerly, Bailie, Hall, Measles Nos Monfor, Wagoner G. NEW BUSINESS G-1 gills to be Paid, Bills to be Ratified MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to approve the bills as submitted. J�ui ,vpabbdd unanimously by roll call vote. i i KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 7 G-2 Requisitions Exceeding $1,000 MOTIONS Councilman Measles moved, seconded by Councilman Wise, to approve the requisitions as submitted. Councilman Wise asked what the portable alarm system will accomplish, Police Chief Ross replied, they budgeted for 2 portable units to be used in lieu of officer stake out. In burglary target areas it can be used instead of a patrolman. Motion passed unanimously by roll call vote. G-3 Ordinance 902-83 - Increasing Rev/Appns - Engineering for Police Addition - $107,492 MOTIONS Councilwoman Bailie moved, seconded by Councilman Measles, to introduce the ordinance. Mayor Wagoner asked that the work "facility" be added in the lot WHEREAS after the word "department." Council agreed to the request. Motion passed unanimously by roll call vote. G-4 Ordinance 903-83 - Increasing Rev/Appns - Engineering for Library Addition - $107,492 MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to introduce the ordinance. Councilman Measles asked if this was from the 1972 election. Finance Director Brown replied the election was in 1972, it was re -funded in 1974. Motion passed unanimously by roll call vote. G-5 Ordinance 904-83 - Establishing Tenancy Requirements in Airport Terminal MOTIONS Councilwoman Bailie moved, seconded by Councilman Ackerly, to introduce the ordinance. Clerk Whelan noted there were some typographical errors, which will be corrected. Councilwoman Bailie noted section 14.050. Did that mean they can operate for less than 30 days without Council approval? Mayor Wagoner explained, Administration has to approve them. Airport Manager Swalley explained, 14.040 covers anything not covered specific. Council�iman Mice said 14,010, the word "designed." The current travel agency was not designed for them. That means they should not be there. Mayor Wagoner explained this means you cannot put a shoe shine stand in the bar if the bar is already there. Councilman Wise asked, designed by whom? Any one can come in and remodel. Mayor Wagoner replied, not without prior approval. Atty. Rogers explained, "as designed" is neutral, 14.040 makes it specific. Councilman Wise asked, in the area that was left blank in the renovation. An air carrier came in and w r I i KENAI CITY COUNCIL NOVEMBER 30, 1983 Page e designed at their expense, is that area available for non -airline use by this interpretation? Atty. Wagoner replied that has already been specified for airlines. Motion passed unanimously by roll call vote. G-6 Amendment of Lease - Extension of Construction Completion Date - Dan Pitts - FOO S/D Atty. Rogers noted it had been signed in error. Mr.. Labahn explained this is a 6 month extension, it was recommended by P&Z. MOTIONS Councilman Ackerly moved, seconded by Councilman Hessles, to approve the lease amendment request. Land Manager Labahn explained, the original plans were for 1982 to 1984. It is not done, he is asking for an extension to Sept. 30, 1984. Motion passed unanimously by roll call vote. G-7 Assignment of Lease - Great Northern Investment, to Roger & Constance Noll - CIIAP MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the lease assignment. Motion passed unanimously by roll call vote. G-8 Assignment of Lease - Katmai to Pace Corp., a. Consent to Sublease - Pines Corp. to Pace Corp. MOTIONS Councilman Measles moved, seconded by Councilwoman aailie, to approve the lease assignment. Motion passed unanimously by roll call vote. G-8s Pines to Pace MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to approve the request for sublease. Land Manager Labahn explained, this is the same property as the original. He would like to ask Council to consent to a 20 year period. The lease between Pace and Pines is for a 20 year sublease. MOTION, Amendments Councilman Measles moved, seconded by Councilman Ackerly, to amend the lease to include a time period of 20 years as in the sublease. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. G ', KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 9 G-9 Appraisal and Ac►;uisition of 80 Acres for Float Plane Basin NOTION# Tables Councilman Measles moved, seconded by Councilman Ackerly, to table action on this item till April 4, 1984. VOTE, Table (Passed): Yess Monfor, Wagoner, Ackerly, Bailie, Hall, Measles Nos Wise H. REPORTS H-1 City Manager None H-2 City Attorney None H-3 Mayor Mayor Wagoner spoke. a. He has a list of people he will be contacting for a community center committee. He has asked Councilwoman Bailie to be ad hoc representative. b. He is preparing a list for airport development committee. If Council has any suggestions, please contact the Mayor. H-4 City Clerk Clerk Whelan spoke. a. The telephone poll regarding approval of costs for the capital improvement projects brochure was reviewed. MOTION$ Councilman Measles moved, seconded by Councilman Hall, to ratify the telephone poll as submitted. Motion passed by unanimous consent. b. She reminded the Council that the next regular Council meeting will be in one week, Dec. 7, 1983. Mayor Wagoner noted Vice Mayor Measles will preside. H-5 Finance Director None H-6 Planning 6 Zoning None H-7 Harbor Commission None H-8 Recreation Commission None KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 10 H-9 Library Commission Commission Chairman Dye said they will present material to the architect on Dec. 20. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD s. Gerald Sibley. He spoke to Council regarding the possible funding Aelay during the last Council meeting. Now they are postponing the float plane basin discussion till April 1964. He noted interest was first stirred up about a float plane basin in Dec. 1976. A $2-1/2 Million study was tabled till that following April. He asked again if Council wants private airplanes. If not, he is moving elsewhere. This is not a million dollar project. Councilman Ackerly explained he voted against it because of the numbers. It would be better to do it in Winter, he does not want to wait. till Spring. Mayor Wagoner explained this ordinance (ord. 699-83) does not deserve consideration, this was his reason for voting no. Also, another ordinance at the request of the Airport Committee can be introduced and adopted at the same meeting. That is not a 30 or 60 day delay. We should not jump in without review. Mr. Sibley noted he could build one in 5 months. Mayor Wagoner explained, the reason for tabling is to get it away from Council till a time certain. That does not preclude a different ordinance being introduced. b. Ruby Coyle. She was here when the bond issue was voted on in 1972. That money was set up for 5 different projects. The convention center was one. The money now being appropriated for the library and police has been carried on the books as woney for the convention center. She asked Finance Director Brown to explain this. Mr. Brown said in resolution 71-12, the bonds were sold fors Civic center with library Water system Sewer system Construction of fire & police facilities Airport improvements Parks & rec facilities Small boat harbor Street improvements He added, it also states if any money cannot be used to build, they can do what Council deems appropriate. He interpreted that to mean if any money left is inadequate, Council can decide. This is in the resolution authorizing the election. Mro. Coyle noted It was not that way in the ballot. She added, everything has been done except the convention center. Fire & Police depts. used more than was specifijd. c. Councilwoman Monfor. She requested the Public Works Dept. have a report for the 2nd meeting in Dec. on Ed Lowry's subdivision in Spruce Haven off Beaver Loop. Is all approved at this point? Where does he stand with f, i i' i i i i:CNAI CITY COUNCIL NUVENBER 30, 1983 Page 11 the lease? d. Councilman Ackerly. He asked Publjc Works Dept., regarding the memo in the packet on streets. He did not agree with the 35 MPH limit at the high school. Mayor Wagoner explained that was a request of a citizen. AOJOURNMENTs Meeting adjourned at 9:00 PM. A,,� zotj� Janet Whelan City Clerk lW cf y cLBK "Al � e