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HomeMy WebLinkAbout1982-02-17 Council MinutesAMENDED AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 17, 1982 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval B. PERSONS PRESEVT SCHEDULED TO BE HEARD 1. Mr. & Mrs. John Stoehner - Change of Leases Rejected by Planning & Zoning Commission 2. Atty. Ted Carson - Small Boat Harbor 3. Joe Langston, City Cab Co. - Definition of City Licensing Structures 4. Jackie Russell - Coyles's Property C. PUBLIC HEARINGS 1. Ordinance 755-82 - Amending KMC to Modify Requirements for Adding Items to Agenda at Council Meetings 2. Ordinance 756-82 - Increasing Rev/Appns - Overtime for Fire Dept. - $18,300 3. Resolution 82-21 - Transfer of Funds - Provide Monies for Alaska 1984 Participation 4. Resolution 82-22 - Transfer of Funds - Airport Term. Renovation & Expansion - $55,388 5. Water & Sewer Rates 6. Transfer of Liquor License - Sam Pan Restaurant & Lounge D. MINUTES 1. Regular Meeting, Feb. 5, 1982 E. CQRRESPONDENCE 1. Rep. O'Connell - Kenai Resolution 82-2 - Title 29 Amendments Regarding Platting, Planning & Land Use Regulations 2. DEC - Smoking in Public Places F. OLD BUSINESS 1. Liquor License Application - Rainbow Bar & Harborview Restaurant 2. Library Renovation G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 757-82 - Increasing Rev/Appns - Preparation of Plans & Specs for Airport Parking Lots - $30,500 4. Ordinance 758-82 - Increasing Rev/Appns - Preliminary Engineering & Preparation - Float Plane Basin - $5,300 5. Re -Evaluation of Latouche Island Resolution 82-3 6. Discussion - Kenai Peninsula Landfill & City of Kenai Sludge Disposal 7. Discussion - Proposal for Re -Appraisal of Twenty City -Owned Lots H. REPORTS 1. City Manager - 2. City Attorney _ 3. Mayor } 4. City Clerk 5. Finance Director f 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT I - I I , f I 1 1 I _ _ I I I MIN AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 17, 1982 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. & Mrs. John Stoehner - Change of Leases Rejected by Planning & Zoning Commission 2. Atty. Ted Carson - Small Boat Harbor 3. Joe Langston, City Cab Co. - Definition of City Licensing Structures C. PUBLIC HEARINGS 1. Ordinance 755-82 - Amending KMC to Modify Requirements for Adding Items to Agenda at Council Meetings 2. Ordinance 756-82 - Increasing Rev/Appns - overtime for Fire Dept. - $18,300 3. Resolution 82-21 - Transfer of Funds - Provide Monies for Alaska 1984 Participation 4. Resolution 82-22 - Transfer of Funds - Airport Term. Renovation & Expansion - $55,388 5. Water & Sewer Rates 6. Transfer of Liquor License - Sam Pan Restaurant & Lounge D. MINUTES E. 1. Regular Meeting, Feb. 5, 1982 1. Rep. O'Connell - Kenai Resolution 82-2 - Title 29 Amendments Regarding Platting, Planning & Land Use Regulations 2. DEC - Smoking in Public Places F. OLD BUSINESS 1. Liquor License Application - Rainbow Bar & Harborview Restaurant 2. Library Renovation G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 757-82 - Increasing Rev/Appns - Preparation of Plans & Specs for Airport Parking Lots - $30,500 4. Ordinance 758-82 - Increasing Rev/Appns -- Preliminary Engineering & Preparation - Float Plane Basin - $5,300 5. Re -Evaluation of Latouche Island Resolution 82-3 6. Discussion - Kenai Peninsula Landfill & City of Kenai Sludge Disposal 7. Discussion - Proposal for Re -Appraisal of Twenty City -Owned Lots H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk r S. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT e, t 11 a I 6�17 KENAI CITY COUNCIL, REGULAR MEETING, MINUTES FEBRUARY 17, 1982, 7:00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OP ALLEGIANCE A. ROLL CALL Presents Dick Mueller, Tom Wagoner, John Wise, V n� cent O'Reilly, Betty Glick, Ron Malston, Ray Measles Absents None A-1 Agenda Approval 1. Mayor O'Reilly noted the amended agenda, adding item B-4, Jackie Russell, Coyles's Property 2. Mayor O'Reilly asked that the PO for $4,550 for the Dale Carnegie course be added under item G-2, Requisitions Exceeding $1,000 Council aprroved the agenda as amended. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Mr. & Mrs. John Stoehner - Change of Leases Rejected by Planning & Zoning Commission John Stoehner spoke. They have 3 lots on airport land, one is used for tie down at the airport. They had requested altering the lease on Lot 1, Block 3 to �a put a building on the lot. The building will be a a �•'^g --repair shop, they will be doing work not presently 0r° "A done in Alaska. Permission was denied by P&Z. Councilman Wagoner said this industry is related to the airport by shipping. One of the most integral parts of the airport is the fishing industry. Council- man Wise asked Mr. Stoehner, how many tie downs did he have? Mr. Stoehner replied, 33 total, 15 are leased out. Councilman wise asked, why don't we have more tie downs? Mr. Stoehner replied, they have either gone to other areas in the airport or to the Soldotna airport. Soldotna maintains a transient & parking area and is lower than Kenai tie downs. Mayor O'Reilly asked Mr. Stoehner, did he feel all procedures by P&Z were adequate? Mr. Stoehner replied, they went through proper procedures. He felt he did not empha- size enough the amount moved by air. It is paramount that he be stationed adjacent to the airport. Mr. Stoehner raferred to Atty. Delahay's statement at P&Z that the leases are in contention and arrears. He was not prepared at that time to reply. From statements Atty. Delahay made, it was suggested they were not current, that is not true. They have not paid the increased rates on Lots 1 & 2, Block 2. They will be rectifying that and have asked for an extension till their attorney returns. Also, Lot 1, Block 3 comes up for renewal and re -appraisal this year. Mayor O'Reilly asked if they had looked at an alternate site near the airport that conforms to their use. Mr. Stoehner replied, the only one they have looked at, he thought had not been surveyed. This would be fairly convenient, but does not look at the problem of non -productive lands they have under lease now. They would be able to unload aircraft at the door if they had Lot 1, Block 3. Councilman Mueller asked, has he determined how hQ would use the building? Mr. Stoehner replied, it would be split evenly between the 2 services. Mrs. Stoehner said the engine overhaul would be year round, the a • i I ; K%nAI CITY COUNCIL FEB. 17, 1982 Page 2 fish industry would only be used in the summer. Councilman Wagoner said the City needs to take a look at why people are leaving Kenai from general aviation. Public Works Director Kornelis spoke. Regarding industrial sites in the City and wastes. There is a possibility of a problem. We have never had a problem before. On the clamming process plant, we do not have much knowledge regarding this. some times we can go from domestic to industrial waste but the tests may have to be changed. Questions involved ares 1. Volume of discharge + 2. Organic loading 11 3. Amount of suspended solids coming out of the plant P&Z suggested putting in a sand trap, this should be reviewed very closely. Councilman Wagoner said we might term this as industrial waste, but it is non- toxic and biodegradable. Every cannery on the Inlet has a permit to dump after some processing directly l into the Inlet. ! MOTION: Councilman Wagoner moved, seconded by Councilman Mueller, to direct the City Manager to draw up a lease modification for stoehners for Lot 1, Block 3. MOTION, Changes Councilman wagoner moved, with consent of second, to amend the motion to draw up a new lease and delete "lease modification." Councilman Wise said he would like to see a new lease . rather than get into next year rate renewal. Atty. s" Delahay said an amendment can take that into consider- ation. Councilman Wise explained, this was set at the tie down rate, if set now, it would be considerably higher. MOTION, Amendments )' Councilwoman Glick moved, seconded by Councilman - Malston, to amend the motion to remand this back to Planning & Zoning for reconsideration for several items: 1. Traffic generated. Do they have enough park- ing for employees? It should be considered as to zoning. 2. In the past Council has been critical of some leases that have been let for non -aircraft re- lated uses. It we are going to do this, we should give guidelines to P&Z. 3. When P&Z considered this, Engineer LaShot had discussed it with stoehners, but did not have rya any information. This was just received tonight. Councilman Measles asked, what would 4 week's delay do to their work plans. Mrs. Stoehner replied it is extremely critical. They are 45 days from pro- cessing, work period is April 1 to the end of Sept. They will not get a permit wittaout the new plant. She added, regarding parking, most of their people are across the Inlet. 4 weeks is too long to wait. Councilman Mueller asked, how many people would be employed at the plant at one time? Mrs. Stoehner A b KENAI CITY COUNCIL FEB. 17, 1982 Page 3 replied, about 30. Councilman Malston asked Atty. Delahay if he felt comfortable with the lease rates, eta. Atty. Delahay replied he would feel comfor- table with the Stoehner proposal if they had asked in 1980 when the first latter was sent. They have never replied to the letters. He would not recommend any dealings until they come into compliance. He added, there is a question on airport related usess 1. FAA says it must be public airport related uses. We should apply to FAA for any uses other than airport related. 2. Council has set policy that lands west of willow and north of Main St. Loop be for airport uses. MOTION, Amendment to Amendment: Councilman Measles moved, seconded by Councilwoman Glick, to draft a new lease to be brought to P&Z with additional questions and Administration contact FAA for release for this purpose and it be brought back to Council at the next meeting. Councilman wise asked, what if we don't get an answer from FAA? Councilman Measles replied if we don't get an answer, we cannot do anything. VOTE, Amendment to Amendment: Motion passed, with Councilman wise voting no. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. 8-2 Atty. Ted Carson - Small Boat Harbor Atty. Carson did not appear. B-3 Joe Langston, City Cab Co. - Definition of City Licensing Sturctures Joe Langston explained he bought the Cab Co. in Sopt. He has been getting flak from the drivers regarding an unscheduled van in town. Till July 1980 this was governed by ATC. Since then they have given up all control. He has to live by the rules of the City of Kenai, he thinks they should also. He is requesting this be recommended to the Public Vehicle Commission or have a work session to review. Mayor O'Reilly noted the Public Vehicle Commission has i1sated powers for this and ATC has released control. There are no regulations regarding picking up and delivering people. Mr. Langston replied just local laws regarding where they could pick up. He felt they should also be put under the Public Vehicle Commission ordinance. There are people running schedule out to Phillips and to Carr's Mall. They have been observed picking up at the bars and other places. Atty. Delahay noted there is no ordinance to cover this. Council will have to pass an ordinance to regulate this. If this is a private contractor, there is no reason why they can't. If it is scheduled run as a limousine, they have to stop at specified places. Police Chief Ross said he has not had a change to review this. He would like to have Atty. KENAI CITY COUNCIL FEB. 17, 1982 Page 4 Delahay, City Manager Brighton and himself review this before going to Public Vehicle Commission. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to remand this to City Manager Brighton, Atty. Delahay, and Chief Ross to review and make recommendations of our current ordinance and what could be done to expedite these regulations. Motion passed unanimously by roll call vote. B-4 Jackie Russell - Coyle's Property Ms. Russell distributed material relating to the discussion and explained a letter was delivered to City Manager Brighton and a meeting was held with the City Manager asking for right of 1st refusal from the City. She noted this has been reviewed for about 20 years. The Coyles had hoped to make a small boat harbor there, that is why the Coyles asked for City first right of refusal. The land has all the public facilities and has all easements. The owner reserves the right to all mines & minerals. In 1970 the preliminary plat was approved, it is still valid. They felt $15,000 an acre was a good price. The Coyle's value is at the low end of the scale. She asked that the Mayor sign the letter, and they will hold on any sale for 30 days. Councilman Wagoner suggested this go to Planning & zoning and Harbor Commission and be returned for the Council meeting of March 3, 1982. Councilman Malston asked that the City Manager make a recommendation. Council agreed to the suggestion. MOTION: Councilman Measles moved, seconded by Councilman Wagoner, to authorize Mayor O'Reilly to sign the letter. Motion passed, with Councilman Mueller abstaining. C. PUBLIC HEARINGS C-1 Ordinance 755-82 - Amending KMC to Modify Require- ments for Adding Items to Agenda at Council Meetings MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to adopt the substitute ordinance. There was no public comment. MOTION, Amendment: Councilman Wise moved, seconded by Councilman Wagoner, to delete the paragraph after "Section 1:" and add, 1.15.040 A_ge_n_ddaa: A draft agenda shall be prepared by the City CC'erk under the supervision of tie City Manager. Such draft agenda shall be distributed with supporting data to the Council and local media at the close of business on the Friday preceding the scheduled public formal Council meeting. On the next Monday the Council shall meet as a Committee of the Whole to, by concensus, establish the formal agenda for the scheduled public meeting. No further items shall be added to the agenda except by unanimous consent of the Council present at the public meeting. KENAI CITY COUNCIL FEB, 17, 1982 Page 5 Councilman Wise explained one of the problems he has always had is that the agenda is a variety of puts in and hits Council on Friday without discussion in the issues. 41c have gone into prolonged debate over numerous items that Council has to act on. Amend- ments are added after the public has had public hearing. We should have a consensus of what going to have on the agenda, we are The Committee of the Whole would be round table, the media would be in- vited. Councilman Wagoner said he has trouble with any other night. lie is not prepared to give up another night. Councilwoman Glick said she did not agree with 2 new meetings but she agreed any resolutions or ord- inances with substantial changes should be added to the next meeting. i Vice Mayor Glick took the chair. MOTION, Amendment to Amendments Mayor O'Reilly moved, seconded by Councilman Malston, to amend the motion to read, section 1, line 3 the words "City Manager" be changed to read "Mayor," I _ _ Q Mayor O'Reilly said he has discussed this with the Clerk, it is a question of and procedures ' that have grown up. The Clerk I takes in items, discusses them with Administration and Council. The main thrust is any mayor gets alot of information from citizens, Administration and Council. Under the limited powers Of the Mayor, he is to keep matters of importance as hs sees them to be put before Council. We have a close agreement t1ith the City Manager mhad as to what ould be on this agenda, but it should be up to the yor for final say-so. s VOTE, Amendments fi _� , Motion failed, witih Councilman Wise voting g yes. VOTE, Amendment to Amendments j Motion passed, with Councilman Wise voting 9 no. � - MOTION, Amendments -' Councilman Measles moved, seconded by Councilman Wise, to amend the motion - -- - to read, Section 1, line 3, the word "Mayor" be changed to reed "Mayor and City �_ Manager." Motion passed With Councilman Wise voting no. MOTION, Amendments Councilwoman Glick moved, seconded by Councilman Malston, to add Section II , to the ordinance to read, "Any ordinance or resolution substituting amendments at public: hearing may not be adopted at that meeting, but be held over for the next Council meeting for adoption." Councilman Mueller asked, what constitutes a sub- stantial change? That is an indefinite term. r_.ount.9: i- woman Glick replied minor or grammatical changes ora dollar figure r if incorrect, or adding a a Councilman Measles said Council - -- can determew ine byrds. majority vote if it should be held over. rAL m KENAI CITY COUNCIL FEB. 17, 1982 Page 6 VOTE, Amendment: Motion failed, with Councilmen Wise, Malston, Council- woman Glick voting yes; Councilmen Mueller, Wagoner, !Measles, Mayor n' neilly voting no. VOTE, Main Motion as Amendeds Motion passed, with Councilman Wise voting no. Mayor O'Reilly resumed the chair. C-2 Ordinance 756-82 - Increasing Rev/Appns - overtime for Fire Dept. - $18,300 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Councilman wise said he would vote no, the reason was not that additional funding was not needed, but he is unwilling to tap fund balance just because we are unable or unwilling to get it from the budget. Councilman Measles noted, this is based on call -out procedures now in effect. were there call -out prw- cedures in effect at budget time? City Manager Brighton replied yes. Fire Chief Winston explained, we are dealing with an unknown. We usually base on the last 5 years, the lot 6 months of this year have been extremely heavy. Councilman Wagoner asked, what percentage of calls of people called out are ambulance as to fire? Chief Winston replied, 3 times as many ambulance as to fire. Councilman Wagoner noted, maybe we should become involved with area wide service area. Motion passed, with Councilmen Mueller, wagoner, Malston, Measles, Mayor O'Reilly voting yes; Councilman Wise, Councilwoman Glick voting no. C-3 Resolution 82-21 - Transfer of Funds - Provide Monies for Alaska 1984 Participation Mayor O'Reilly said there was a meeting Feb. 18, 1982 of the Task Force. There was a small attendance. The lot meeting of the Task Force was enthusiastic, they decided to have a local celebration and not get too involved with the Statewide celebration. After the House action on pulling all funding, the committee decided to wait and see how the dust will settle. Council took no action on the resolution. C-4 Resolution 82-22 - Transfer of Funds - Airport Term. Renovation & Expansion - $55,388 MOTIONS Councilman Measles moved, seconded by Councilman Mueller, to adopt the resolution. Councilman Malston asked, what is the $55,000 for? T Finance Director Brown explained, the amendment to r 1 the contract made on Jan. 20, 1982 meeting was to lj extend as additional services. Councilman Malston R said he thought the figure discussed was $20,000. y _�,ar'-�S�py�.——�i''�rirweY�'1f11i�4aCPINJII•�sws�"��w`�r ..e—. - — KENAI CITY COUNCIL FEB. 17, 1982 Page 7 MOTIONs Councilman Malston moved to postpone action till the next meeting (3-3-82) for additional information r and justification of the additional $50,000. Motion failed for lack of a second. City Manager Brighton said there was a contract drafted ' in which these figures were in it, Council has agreed to the contract. Atty. Delahay said we are bound to pay this, Councilwoman Glick noted Councilman Malston was not at the meeting where this was adopted. Motion passed unanimously by roll call vote. C-5 Water & Sewer Rates Finance Director Brown explained this was before i Council at the Feb. 3, 1982 meeting. He was directed to advertise, this was done. He noted one change on page 7, cesspool pumper charge. Councilman Wise said he felt it was necessary to pursue this in view of the letters from the Borough regarding septage waste. He had Asked Administration to review the document from CH2M Hill as to why they did not identify waste. tie asked if Administration had heard from them. Public Works Director Kornelis replied yes, the letter was passed out this date (2-17-82). Councilman Wise said he cannot see anyplace where they discussed charging for septage. He thought - $10 was inadequate. Public works Director Kornelis said in most places they are charging $20 for resident, Ij $50 for non-resident. He noted over 75% of waste is handled in land fills. Our cesspool ordinance drastically needs changing. In the new plant it can be handled. - MOTIONs s Councilman Mueller moved, seconded by Councilman c Measles, to approve the water & sewer rates as --� presented. Councilman wise asked if these rates provide for the 1�•° - ability of the water sewer fund to develop a re- serve for future capital needs? He added the capacity 4 of the sewer plant exceeds the capacity of the water - - r supply. City Manager Brighton replied the new sewer. :--- treatment plant at present is only using about 1/3 of capacity. We are using about 70% of water capacity at tro present time. The facilities on line will accomodate for the next 7 or 8 years. Councilman wise said he understood well #2 will need rehabilitation -_ soon. If it means major use of funds, there is no money reserved for that. Government funds are no longer available. Public Works Director Kornelis said the well has been in operation for about 4 ` years, it is about time to pull the well and look at it. He had planned to put that in the budget. Councilman wagoner said he didn't think we are talk- ing about an item that is that big. MOTION, Amendments Councilman Mueller moved, with consent of second, ' to add regulations to ra;:es As presented. A KENAI CITY COUNCIL FEB. 17, 1982 Page 8 Motion passed with Councilman Wise voting no. C-6 Transfer of Liquor License - Sam Pan Restaurant a Lounge Clerk Whelan explained! the Sam Pan has requested renewal of their liquor license, Council had filed an objection because they owed approximately $12,000 to $15,000 in back taxes. This is a request for transfer of liquor license. Taxes still have not been paid, they have not filed for June through Dec. Atty. Delahay suggested Council send a 2nd letter of objection stating taxes are due and the transfer should be subject to payment of taxes. MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to send a letter of objection till all taxes are paid current. Motion passed, with Councilman Mueller voting no. D. MINUTES D-1 Regular Meeting, Feb. 5, 1982 Clerk Whelan asked that page 2, line 4, the name "Malston" be changed to "Baxter." Councilman Measles asked that page 4, item F-1, the motion be changed to read ft. instead of sq. ft. in lines 3,4 6 5. Councilman Mueller asked that page 11, last line, the word "changes" be corrected to read "charges." Minutes were approved as changed and corrected. E. CORRESPONDENCE E-1 Rep. O'Connell - Kenai Resolution 82-2 - Title 29 Amendments Regarding Platting, Planning & Land Use Regulations Council took no action. E-2 DEC - Smoking in Public Places Atty. Delahay said this does not apply to cities. F. OLD BUSINESS F-1 Liquor License Application - Rainbow Bar Harborview Restaurant Mika Baxter, Rainbow Bar, spoke. Ho noted last week he asked Council to rescind their protest on the basis that he was current in current taxes. He found out this date (2-17-82) that he had not paid one pay- ment. He wished to withdraw his request and thank the Council. He added he is concerned about several thousand businesses that are delinquent and his typo of businoss is the only one being made public and closed. Atty. Delahay said Mr. Baxter's withdrawal makes the question moot. He added, in addition to not being current, he owes about $11,000 he owed from one year ago. lie made 2 payments and stopped. The Borough intends to maintain their objection. He felt the City should brick up the Borough and maintain their objection. Councilman Wagoner said if he comes I i I KENAI CITY COUNCIL FEB. 17, 1982 Pag e 9 up and pays current taxes he didn't see why we should object. The judgement on the note has nothing to do with his being able to operate his business if he pays up current. Atty. Delahay explained one of the conditions of the note was that if the note was not paid, the Borough would object again. The judge- ment was given for failure to pay taxes. Councilman Wise said the point raised by Mr. Baxter that they are the only businesses that are put lip to public scrutiny when not paying their taxes is a concern. He suggested the City press the Borough to inform us of those in non-conformance with taxes so we can publicize them. Councilman Wagoner said he agreed and we should ask the Borough what they are doing about this. Councilwoman Glick said we have asked the Borough about this every year. They said the print out would help but it has not. Atty. Delahay explained they just put the sales tax into the com- puter. There may also be a problem with revealing because of Borough ordinances as to confidentiality. No further action was taken. F-2 Library Renovation Carmen Gintoli was not in attendance, so the matter was postponed to the March 3, 1982 meeting. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS i Councilman Measles moved, seconded by Councilwoman Glick, to approve the bills as submitted. Councilman Wise asked if this was poisonous urethane in the Fine Arts building. Public Works Director Kornelis replied he was sure the inspector would not =- let it be anything bad. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 MOTION s Councilman Malston moved, seconded by Councilman -- Mueller, to approve the requisitions and include ti bill for the Dale Carnegie course. Motion passed, with Councilmen Mueller, Wise, Melston, Measles, Mayor O'Reilly voting yes; Councilman - Wagoner, Councilwoman Glick voting no. G-3 Ordinance 757-82 - Increasing Rev/Appns - Prepar- ation of Plans & Specs for Airport Parking Lots - $30,500 City Manager Brighton said Council is providing funds for projects we may not have funds for the next 2 or 3 years. Our policy has been to provide for items we may have in the relatively near future. This is #ti16 on the list. To make appropriations is too soon. and we have in-house people to do the work. He suggested Council not appropriate this and the float plane basin. We have requests from ADAP for over $5 Million. We have asked the State for capital improvement funds in addition for $8 Million. I J I.� t� r B KENAI CITY COUNCIL FEB. 17, 1982 Page 10 If ws adopt tPese resolutions, we are totally changing the.Capital Improvment Project and requesting over $10 Million to ADAP. MOTION: Councilman Measles moved, seconded by Councilman Wagoner, to refer the resolution to the Airport Committee and see if we can do it in-house. Councilman Wise said this is more than he anticipated. The City is programming $2 Million for the terminal and has a 'lousy parking lot. The City ha.s about $400,000 in 2 airport funds in unappropriated fund balance. We should do what we can to improve the airport. VOTEs Motion passed, with Mayor O'Reilly voting no. G-4 Ordinance 758-82 - Increasing Rev/Appns - Prelimin- ary Engineering & Preparation - Float Plane Basin - $5, 300 Council agreed to refer this to Airport Committee also. G-5 Re -Evaluation of Latouche Island Resolution 82-3 Mayor O'Reilly explained while he and City Manager Brighton were in Juneau, they had a discussion with Son. Dankworth, he said he would send additional information. Mayor O'Reilly said he thought Council would like to re-evaluate on the basis of the addit- ional information. Councilman Mueller said this is building a recreation spot for the wealthy. council- man Wagoner said Prince William Sound is not the place for little boats. If he is looking for a place to aper'i for small boats, he is doing a disservice. Vice Mayor Glick took the chair. Mayor O'Reilly said he had no comments pro or con on Points raised by Son. Dankworth or Councilman Wagoner. But he believes we are missing the point. We have a Policy that we don't comment on capital improvement projects of other cities in our district. Here we are commenting on something from another district. It is fine to comment personally but by having a resolution we are putting the city credibility on the line. That is a privilege a Council person cannot enjoy. It is evident there is waste in the capital improvement projects the State goes through. We are entitled to object, but he doesn't think we can sit as Council and cause damage to the City's interest. The reverse will be somewhere someone else will start passing judgement on our proposals. He didn't think we would welcome criticism in that regard. Sen. Dankworth has been cooperative on our capital improvement projects and our thoughts on revenue sharing. This does not create an atmosphere where our best interests are ;wing expressed. Counr:l- man Wagoner said this is not in Sen. Dankworth's district either, we were asked by the people of that district to make a statement. Maybe we should start making a comment on pork barrel. Maybe Sen. Dankworth will cut us off at tk.e pockets, but it is not his either. There were no public hearings on this, it was not requested by the constituency. Councilman Wise said we should let the matter die as is. It will be more KENAI CITY COUNCIL FEB. 17, 1982 Page 11 demeaning to rescind now. But if we submit to black- mail, that is unpalatable to him. Mayor O'Reilly said he was not saying blackmail. He didn't think we lose anything by changing our minds. Sen. Dank - worth assured us it would not have a tangible effect on funding. But our job is not to stand in judgement on State matters. Why should we pass judgement on our capital improvement projects and at the same time passing resolutions that could impair money that could rightfully Come to the City. Councilman Wagoner said he hopes that our capital improvement projects can come up to scrutiny better than Latouche project. City Manager Brighton said he hopes none of his remarks will be detrimental to what may come from the State. This is a part of the process. Council at last budget session spent large amounts of monies for lobbying. This was used for trips to Juneau to convince the legislators that what we were asking was legitimate and acceptable by the public. Our capital improvement projects will be a result of conference committees. To offend, for whatever reason, any in- dividual that has power to cut us off at the pass is totally illogical and not too responsible to the people you represent. If you as individuals want to make points, there is nothing wrong, but when you express it as a City Council member and it may be damaging to our City, it is foolhardy. If his friends need our $7 Million, that could be the case. He assured the Mayor our position would not be an influence on his decisions, but he thought it was tongue in cheek. If we appropriate money for lobbying what we have done on Latouche could undo all we have done. MOTIONS VOTE: Mayor O'Reilly moved, seconded by Councilman Mueller, to rescind Resolution 82-03. Councilman Wagoner said this is not a personal attack cf his, he proposed the resolution. We were asked by Cordova and that was why he made the resolution. Councilwoman Glick said all we are asking for is reconsideration, that is not too much to ask for that much money. Mayor O'Reilly resumed the chair. Motion failed, with Councilman Mueller, Mayor O'Reilly voting yes; Councilmen Wagoner, Wise, Malston, Measles, Councilwoman Glick voting +ass n o G-6 Discussion - Kenai Peninsula Landfill & City of Kenai Sludge Disposal City Manager Brighton explained this was a series of communications. Since we have a new product to dispose of, we have not had this in the past. At the present time we have no place to dispose of it. We asked the Borough to dispose of it. In the interim a letter was sent out protesting the 5 year renewal of the landfill. The Borough Mayor wrote back, this letter is in the packet. We do not have permission to dispose of our sludge in the landfill and the Borough does not have permission to dispose of septic waste in our sewer treatment plant. Councilman Wise asked if we got a reply from DEC on our protest. City Manager Brighton replied no. Councilman Wise said the Borough has assumed landfill Borough wide. KENAI CITY COUNCIL FEB. 17, 1982 Page 12 They are not in accordance with the law by not tak- ing sludge. Councilman Wagoner asked, how much sludge per month? Public Works Director Kornelis replied about 1 truck load per week. Councilman Wagoner noted it could be burned. Mr. Kornelis said it is good fertilizer. It looks like coffee grounds. He didn't think there would be any problem disposing of it as fertilizer. Mayor O'Reilly asked, they can accommodate? Mr. Kornelis replied, they can take it, but it is a political matter now. Mayor O'Reilly asked if we have tried to deliver a load. Mr. Kornelis replied they have to make preparation, we have not. Councilman Wagoner said before we do that, we should press with DEC for compliance., Councilman Wise suggested we set up a system of rebate for residents of the City for septic tanks. City Manager Brighton said the letter from CH2M Hill said the amount was based on septage within the City only. It was not designed to handle that kind of septage. The attorney has to determine if the Borough has the right to refuse us. Councilman Wagoner said he is not in favor of taking from outside the City without an ord- inance saying we will not take from outside the City if we do not have the capacity, so the Borough does not ask us to increase our capacity. Councilman Measles said he didn't think it will handle the City a:,d outside the City. Mr. Kornelis said outside dumpers have not used our facilities for 2 or 3 years. We will have to see whether we can handle our own residents. City Manager Brighton asked, how much do we have on hand to dispose of? Mr. Kornelis replied, one truckload a week. We are putting it in a small holding area. Councilman Wise said the situations ignored ares 1. The City is taking outside waste water now. We are providing a facility now, that is ignored. 2. When this was. proposed, the City was willing to enlarge their receiving tank provided the extra cost was borne by the Borough. The Borough agreed. We were to be guaranteed to cover the cost if there was a shortfall. He thinks the Borough Administration was willing to proceed but were shot down by the pumper dumpers. The problem is the Borough's, not the City's. City Manager Brighton noted Council cannot take action till the Atty. makes a determination. Also, Administration will have to go to DEC to make a ds..ormination on us dumping there or if they can legally prohibit us. Then we will have to make a decision. G-7 Discussion - Proposal for Re -Appraisal of Twenty City -Owned Lots City Manager Brighton said there are 20 leases that, are up for renegotiation. We got proposals from 5 appraisers, and received 2 replies. Before Council takes action, they should know, we have spent 4 years dealing with FAA on disposing of lands. We have had 5 requests for purchase of land in the last 8 weeks. The appraisals have increased so much that they have turned us down. Mr. Brighton cited some examples. He added, if appraisals come in at those rates, we will have lease holders on our door. The market value is wrong if none of the lots sell. Councilman Meuller said there have been real inconsistencies in appraisals in both directions. It appears the appraisers are leading tre market rather than following it. Mr. Brighton said Council should be ready for irate leaseholders when they get their KENAI CITY COUNCIL FEB. 17, 1982 Page 13 reappraisal. Councilman Mueller said there is practi- cally no land in the private sector to compete with the City. The way things are going, they could go out Kalifonsky or North Road for much less. Council- man Malstcn suggested a work session regarding tiis. He added Council should ask 2 appraisers to the session and other realtors and land developers. it should be done within the next 30 days. Councilman Mueller suggested Council ask 4t appraisers from Anchorage to sit in to lend their information. H. REPORTS H-1 City Manager None H-2 City Attorney None H-3 Mayor Mayor O'Reilly spoke. i 1. There are vacancies on some commissions. He suggested: f Planning & Zoning - vial Smalley � Harbor Commission - Tommy Thompson (M.W.) ; Recreation Commission - Roger Seibert + Debbie Town (student rep.) 1 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, for approval of the nominees as submitted. , Motion passed by unanimous consent. i Mayor O'Reilly asked Clerk Whelan to notify the nominees. 2. Mayor O'Reilly had a talk with Rep. O'Connell this date (2-17-82). They discussed the capital improvement projects. He is well aware of Kenai's interests on CIP. The municipal sharing attitude is good, it will be at fairly full levels. 3. By Code, the Mayor is required to appoint the acting -acting City Clerk. Mayor O'Reilly suggested Janet Loper. MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller to approve the nomination. i Motion passed by unanimous consent. Clerk Whelan was asked to notify Mrs. Loper. H-4 City Clerk None H-5 Finance Director None w KENAI CITY COUNCIL FEB. 17, 1982 Page 14 H-6 Planning & zoning Councilwoman Glick had no report. Mayor O'Reilly asked about action at the Borough regarding planning & zoning powers. Councilwoman Glick replied an ordinance was passed for zoning only if we choose to do this. She will bring it to the next City P&Z meeting. H-7 Harbor Commission Councilman Wagoner said they had a meeting with NorTek and will meet with TAM Feb. 23# 1982 and bring a report back to Council. They are now looking at the set net fishermen. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Councilman Wagoner spoke. MOTIONS X Councilman Wagoner moved, seconded by Councilman Measles, to direct City Manager Brighton, in drawing up the budget, to exclude all capital equipment from the budget. Only capital equipment should be that of a replacement nature. Any item should be on a separate list, justification and prioritized and brought to Council. City Manager Brighton asked if the replacement program such as police vehicles are acceptable. Councilman Wagoner replied yes, any new item expanding equipment is separate. Motion passed by unanimous consent. 2. Councilwoman Glick said there will be an all - day meeting on resource development on Feb. 20, 1982. Council is invited. 3. Councilman Wagoner asked Mayor O'Reilly about the letter from Dr. Barton regarding support of the University. He will make comments and give them to the Mayor. 4. Councilwoman Glick said the meeting of the Airport/ Real Estate Committee and the Public Works Committee was on the TO DO list. Council agreed to have the meeting Wednesday, Feb. 24, 1982 upstairs at 7:00 PM. S. Mayor O'Reilly noted the invitation from InletVisions for Saturday, Feb. 27, 1982. 6. Mayor O'Reilly noted the letter regarding upgrading of Candlelight. He asked Public Works Director Kornelis to bring this to the next meeting. (3-3-82) ADJOURNEMNT Meeting adjourned at 11s45 PM. JR-gelt-W�eanj City Clerk A �4 �1 1 .I