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HomeMy WebLinkAbout1982-04-07 Council Minutes' AGENDA KENAI CITY IWUNCIL - RECL;7.AR MEETING APRIL 7, 1982 - 7:00 p.m. PLEDGE OF ALLEGIANCE - A. I ROLL CALL i 1. Agenda Approval } B. PERSONS PRESENT SCHEDULED TO BE HEARD John Williams, Chairman Harbor Commission C. PUBLIC HEARINGS 1. Ordinance 760-82 - Amending KMC - Provide Charge for Discharge of Septic Materials be in Begs 6 Rates of City of Kenai 2. Ordinance 761-82 - Increasing Rev/Appns - Equipment for Parks Dept. - $6,225 3. Ordinance 762-82 - Increasing Rev/Appns - Health Facilities - $ 7,978 4. Ordinance 763-82 - Increasing Rev/Appns - State Library Grant, Personnel 6 Services - $3,900 5. Ordinance 764-82 - Increasing Rev/Appns - Correctional Officer to Attend Academy - $1,700 6. Ordinance 765-82 - Increasing Rev/Appns - State Grant, Library Supplies - $9,000 7. Ordinance 766-82 - Increasing Rev/A-pns - Misc. Park Improvements - $152,651 8. Resolution 82-30 - Authorizing Participation in Stace Day Care Assistance Program = 9. Resolution 82-31 - Accepting Grant from State of Alaska, in the amount of $105,565 for Construction of First, Birch & Fourth Streets Water 6 Sewer 10. Resolution 82-32 - Awarding Contracts for Playground Equipment 11. Resolution 82-33 - Awarding Bid for Sander Unit to Yukon o Equipment, Inc. 12. Renewal of Liquor License Application - Kenai Joes 13. Renewal of Liquor License Application - Harborview 14. Transfer of ownership of Liquor License from Kostas Manoiakakis to Zoran Antoski f= D. MINUTES -- - None j- E. CORRESPONDENCE None Y, F. OLD BUSINESS 1. Proposal for Kenai Boat Ramp 2. Stoehner Lease Application - 4 lots in Etolin Sub. 3. Water 6 gewe on Candleli t 6 i wo d Carmen Ginto i - Presenta�ion o� es�gn Development Drawings ---_ j G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 V 3. R 6 P Enterprises Lease Approval .!� 4. Amendment No. 4 - Sewerage Facilities - Design Work - J� CH2M Hill Contract Increase b c?^,325 5. Ordinance 767-82 - Increasing iev/Appns in Jail Fund by $2,000 for Replacement of Heat 6 Smoke Detector in .Jail — 6. nrdinsmea 768-82 - Increasing Rev/Appns General Fund by $7,000 in Recognition of Grant from State of Alaska for Fire Service Training AGENDA April 7, 1982 H. REPORTS 1. City manager 2. City Attorney 3. mayor 4. City Clerk S. Finance Director 6. Planning b zoning 7. Harbor Goamission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT i 1 f -- 1 t a 3 KE14AI CITY" COUNCIL, REGULAR MEETING, MINUTES APRIL 7, 1982, 7:00 PM KENAI CITY ADMINISTRATION BUILDING MAiOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Vincent O'Reilly, Betty Glick., Ron Malston, Ray Measles, Dick Mueller, Tom Wagoner, John Wise Absent: None B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 John Williams, Chairman - Harbor Commission The Harbor Commission has submitted the harbor pro- posal done by Wince, Corthell b Bryson and the sedimentation study by TAMS for approval by Council. a. Wince, Corthell & Bryson. City Manager Brighton explained, on the basis of the State contract, we have to get permission from the State to spend money. We had to provide proof of ownership of the land, this has been provided to the State. Commissioner Williams explained $32,300 is the amount of the contract with Wince, Corthell i Bryson. 1974 bond monies are being used. Mayor O'Reilly asked, what is the ultimate usage of the land? Commissioner Williams replied, the -- reason for the temporary design is, the States has had a fiscal problem for the last 2 or 3 years. Even if the harbor is feasible, it may cost $30 to $40 Million. A grant is unlikely. We would also have to have a total design and - guakantee of operations & maintenance money. This proposal will temporarily alleviate the problems of fishermen and userss 1. Increased parking 2. Rest room & wash room facilities 3. Well & water 4. Coast Guard approved marine fueling facility 5. Additional boat ramp 6. Tie up area for small skiffs 7. 50 f t. work grid it would alleviate congestion and would be -- ; increased revenue. Mayor O'Reilly asked, what about the problem with itinerant workers? Commissioner Williams replied, there has been concern about the great number of campers coming to the area. The Commission thought this may help with that problem. Councilman Wise asked -- if there could be an artist rendering available. Commissioner Williams explained it may not be worth their time for the amount of money involved. He listed the services as proposed.s j 1. Re-establish property corners of the entire boat ramp area. (This could be done in the office) 2. Establish the boundary service area of the Coyle's property } 3. An as -built survey of the boat ramp and components within the system 4. plans, specs, etc@ for: r -Sheltered eating area _ -Cuntruction site for water & sewer '- - -Mobilo storage area -Camping area rn 12.E �F KENAI CITY COUNCIL APRIL 7, 1982 Page 2 -Dock fueling area -Future parking area -Boat grid The cost has been established at a not -to -exceed amount of: 1. Re-establishment of boundary of boat ramp $ 1,200 2. Survey & Platting of Coyle property, if required 4,000 3. As -built survey, boat ramp 27,100 TOTAL $32,300 Councilman Wise said he would like to see a rendering before the contract is let out. Commissioner Williams explained in the contract they state they will have an as -built survey. The $700,000 submitted to the State included monies for that purpose. Mayor O'Reilly asked that whatever the Harbor Commission could do with Councilman Wise's request would be appreciated. b. TAMS Proposal. Commissioner Williams explained CH2M Hill was selected for the design work. Problems developed and the City broke with them. They asked for proposals for a sedimentation study, but did not issue the contract because of problems. Later they asked the companies to re -submit. TAMS was selected. The Commission felt parts of the schedule did not have to be done right away. They eliminated the unnecessary parts, the coat came to $119,720. $31,503 was additional costs if the harbor was feasible. MOTIONS Councilman Wagoner moved, seconded by Councilwoman Glick, to direct Administration to draw up a contract between TAMS and the City of Kenai to do the proposed work as outlined. Councilman Wise said he is disappointed in the scope of the bluff erosion study and the timing of the study. The sea wall was not mentioned. Commissioner Williams explained the field investigation of the bluff erosion is a major effort of the contract. We don't know if a sea wall is feasible till we do the study. He added TAMS engineers will be available to discuss this subject with Councilman Wise. Motion passed unanimously by roll call vote. Mayor O'Reilly expressed the thanks of the Council to the TAMS representative anti the Harbor Commission for their work. C. PUBLIC HEARINGS C-1 Ordinance 760-82 - Amending KMC - Provide Charge for Discharge of Septic Materials be in Regs & Rates of City of Kenai MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. i KENAI CITY COUNCIL APRIL 7, 1982 Page 3 Motion passed unanimously by roll call vote. C-2 Ordinance 761-82 - Increasing Rev/Appns - Equipment for Parks Dept. MO'PION s Councilman Malston moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Councilman Wise said he hoped we would have a priority list for utilization of Revenue funds before we appro- priate additional :conies. Councilman Wagoner asked Recreation Director McGillivray, what is the size of the sweeper? Mr. McGillivray replied, 6 ft. width. Councilman Wagoner asked Airport Manager Swalley, what size sweeper is he proposing for the airport? Mr. Swalley replied, per request of the Council, we are pursuing other avenues. City Manager Brighton explained the Revenue Sharing request Council has been supplied with is extremely raw, he hopes to have a work session to finalize requests. Council- woman Glick asked if Council should wait on this also. City Manager Brighton replied, this was ,:ormal12ed by a previous work session. Mr. McGillivray said these are last year's Federal Revenue funds. This was discussed at the March 17 meeting. Councilwoman Glick said council had decided anything left over from last year was to be reviewed this year. Motion passed unanimously by roll call vote. C-3 Ordinance 762-82 - Increasing Rev/Appns - Health Facilities - $7,978 MOTIONS Councilman Wise moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to amend the ordinance by deleting the 1st S111EPEAS, and adding, "WHEREAS, the City of Kenai has appropriated $8,000 of State Revenue Sharing monies for distribution to the Cook Inlet Council on Alcoholism and the Central Peninsula Mental Health Center at $4,000 each, and" VOTE, Amendments Motion passed unanimously by roll call vote. Councilwoman Glick asked, why are we appropriating money to Cook Inlet Council on Alcoholism? City Manager Brighton replied, Revenue Sharing was in- creased for this appropziation. Finance Director Srown explained this is a pass -through appropriation. r VOTE, Main Motion as Amended: !' Motion passed unanimously by roll call vote. C-4 Ordinance 763-82 - Increasing Rev/Appns - State I- �, Library Grant, Personnel & Services - $3,900 KENAI CITY COUNCIL APRIL 7, 1982 Page 4 MOTION,. Councilman Malston moved, seconded by Councilman Mueller, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Ordinance 764-82 - Increasing Rev/Appns - Correctional Officer to Attend Academy - $1,700 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-6 Ordinance 765-82 - Increaing Rev/Appns - State Grant, Library Supplies - $9,000 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-7 Ordinance 766-82 - Increasing Rev/Appns - Misc. Park Improvements - $152,651 MOTIONS Councilman Measles moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Councilman Mueller asked if this $2 Million had been received. Finance Director Brown replied, most of it has, some is on a reimbursement basis. Motion passed unanimously by roll call vote. C-8 Resolution 82-80 - Authorizing Participation in State Day Care Assistance Program MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilma.% Wagoner asked, what is a moderate income family and why is Kenai getting involved in this? City Manager Brighton replied, the City has been involved for 16 months. This is a renewal. We subcontract with the Women's Resource Center and act as a pass - through. They must be City residents and the centers are in the City. Councilman Wagoner asked for a list of the canters. City Manager Brighton explained the only expense is administration by the Finance Dept. We have passed through about $75,000, this goes into the local economy. We chose to subcontract to avoid direct involvement. Councilwoman Glick said she KENAI CITY COUNCIL APRIL 7, 1982 Page 5 will vote against it because she doesn't think the government should be involved when private enterprise going tv yet invulvea. Has anytnlny 'Uteil Qur,et .u. Brighton said he didn't know, but that Soldotna was now involved. Councilwoman Glick asked if we had anything to verify residency. Mr. Brighton replied no. Councilwoman Glick suggested this should be done on a periodic basis. She asked that this be reported back to Council. C-9 Resolution 82-31 - Accepting Grant from State of Alaska, in the Amount of $105,565 for Conscruction of First, Birch & 4th Sts., Water & Sewer MOTIONS Councilman Measles moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. Councilman Wise asked, what are we doing to enforce the terms and conditions of the grant? it says if we take the grant, people must tie in. Are we doing this? Public Works Director Kornelis replied the Code does not refer to water. met Off ti-SI& -1-Inneess a --- water, enljv We are not enforcing the Code as to hook- ing up to sewer. The City never has. Atty. Delahay noted the "ode says hooking up for water is only ;necessary if it serves the public. Motion passed unanimously by roll call vote. C-10 Resolution 82-32 - Awarding Contracts for Playground Equipment MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilwoman Glick asked if the money for these items had been appropriated. City Manager Brighton replied yes. C-11 Resolution 82-33 - Awarding Bid for Sander Unit to Yukon Equipment, Inc. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-12, 13 Renewal of Liquor Licenses - Kenai Joe's and Harborview. Mayor O'Reilly referred to the memo from Acting City Clerk Loper. KENAI CITY CODUCIL APRIL 7, 1982 Page 6 MOTION $ Councilman Malston moved, seconded by Councilwoman Glick, to send a letter to ABC withdrawing our objection to renewal of the two liquor licenses. Motion passed by unanimous consent. C-14 Transfer of Ownership of Liquor License from Kostas Manolakakis to Zoran Antooki MOTION s Councilwoman Glick moved, seconded by Councilman Malston, to send a letter of non -objection to ABC regarding the application. I Motion passed by unanimous consent. C-8 (contd) MOTION: Councilman Wagoner moved►, seconded by Councilwoman Glick, to have a report regarding City participation on the Day Care program, includings 3. Hourly rates charged b. Number of families involved c. Number of children in the program Motion passed, with Councilman Mueller voting no. D. MINUTES None E. CORRESPONDENCE None F. OLD BUSINESS P-1 Proposal for Kenai Boat Ramp Mayor O'Reilly noted this had been handled under item B-1. F-2 Stoehner Lease Application - 4 Lots in Etolin S.D. City Manager Brighton reviewed action to date. The Planning & Zoning Commission had turned the request down because of incompatibility. Mayor O'Reilly asked, was the objection to zoning or be- cause it was not the highest and best use? Mr. Brighton replied some of the members felt it was not the highest- and best use. In addition, in- compatibility was the word used. Zoning is light industrial. This was within that use, but it was not compatible with business in the area. Council- man Malston said we should keep in mind Kenai is a fishing community historically. The fishing industry is the only industry within Kenai. Planning & Zoning did not mention the letters included in the Council packet. He noted Council has been accused of running business out of the community. Also, Stcehners applied to put it on property already under lease. FAA would not allow on airport land, Council suggested an alternate and had a survey. Now we disapprove. KENAI CITY COUNCIL APRIL 7, 1902 Page 7 MOTIONS Councilman Wagoner moved, acconded by Councilman Malston, to approve the lease application by Northern Lights Fisheries, Inc. for Lot 9, Block 1, Etolin E.D. #3. PUBLIC COMMENT s Atty. Ed Garnett, representing the Stoehners, spoke. This is a lease application for the new lot as requested by Council and Planning L Zoning, because the original was turned down. He noted the amendment and motion presented by Planning & Zoning were turned down. The main objections were odor and incompatibility with surrounding area. There has not been anything concrete submitted by objectors that it would create odor. The only evidence in the packet is that it would only be if it was badly managed. A similar plant in Oregon had no odor. The parking concerns have been handled. The plant would hire between 10 and 16 people. The Stoehners wanted it near the airport. The clams are flown in and when they are moved, they are inclined to break. The building will be a one- story with design for a 2nd story. All work will be done inside. It is an airport related business. These clams are for human consumption. Also, on the petition it was never established if the signers are residents. Businesses around the area do not object. The State has strict regulations regarding waste. It will be an attractive building. it will operate about 6 months of the year. The Stoehners asked that Council overrule the request of P*Z. Councilman Wagoner said we should not be as naive as to think there would be no odor. Kenai is a fishing town. The prevailing wind goes away from development. There will be jobs for people in the area. It it gets out of hand, the State will close it down. If we delay, it will be another example of Kenai denying business in Kenai. Councilman Wise noted this property has not been appraised, so the rate cannot be set. It could be as high as $3600 per year. He didn't want to progress with the lease if the rate will be a point of dispute. Atty. Garnett replied that they could ask for a different appraisal if it was not agreeable. Also, $4,000 would not create a problem. Councilman Mueller asked, regarding disposal of shells, what kind of container will they be in and is there a possibility of drainage creating odor and insects? Atty. Garnett replied they are stored in plastic tubs inside and dumped each day. Also, fish are transported through town every day to the airport during fishing season. Shannon Turner. She lives and workQ in the City of Kenai. We should consider tie highest and best use when the road is paved. This will chango the character of the road when it is paved. Light industrial does not define food processing. She also disagreed that clam processing was airport related. Also, she thought the winds would blow toward Carr's Mall. There is no objection to bringing in industry, but only to the site. This is the 2nd time the application has been turned down. As to transporting fish, that is not the same as processing. Regarding regulations if the plant is not operating properly. Enforcing a law is expeuaiva and they are not always enforced. Councilman Wagoner said winds go Southwest all summer. F'arol Hall. She has been called competition because sttois running a clam plant. They are. also home KENAI CITY COUNCIL APRIL 7, 1982 Page 8 builders. They are interested in bringing people here. Planning L Zoning hxz directed questionz to what the public wanted. Council should represent the people. This should be brought to the public. She would like to see business, but not in that area. The City is oil -related, and we do not put oil derricks down town. The Stoehners have been operating in Sterling and there is no airport there. There are odors in this business. This business does not look good on the outside. There is equipment around it. She fails to see haw Council could wipe out what Planning & Zoning said. What are they there for? Councilwoman Glick reviewed the actions of Planning Zoning, as she was in attendance. She noted P&Z is charged with planning and zoning as well as land management. We have approved marginal use when we were in a hurry and sometimes regretted it. It is a philosophical question for each of us as to how down town will develop. The original lease included a machine shop, this does not. So the lease is different. Administration was asked to check with FAA for approval. FAA said the original lease was not compatible use. We should get FAA approval for this. As to bringing business into the City, P&Z did not say they were against business, but just the area. Is this the best use or are we setting a precedent? She said Paul Turner had noted most cities put fishing in a common area. The commissioners have received calls against this in great numbers. Mayor O'Reilly asked, would the clams be loaded into trucks from the aircraft? Atty. Garnett replied, yes, but there is a parking lot there and it would just go across the street. The clams have been coming into the airport 3 or 4 years already. There has never been a complaint against them. Mayor O'Reilly asked, can they be transported from a distance without breakage? Atty. Garnett replied that was one of the problems. City Manager Brighton said where he comes from, municipalities spend hundreds of thousands of dollars trying to get industry in to increase their tax base, improve the employment situation and increase commerce. We had a university here once, we had a chance for the Borough to be here, it is not. There was a chance to have a hospital here, it is not. One of the most important things you can do is help stimulate the economy. As to exposure, there has been much exposure. It has been before P&Z 3 times and Council 2 times. There are many on the list supporting the plant. Council was elected to make the final decision. Commissions are to advise. The highest and beet use has no answer. The issue is additional tax base, more jobs and additional commerce. Betty Warren. Site is a member of a garden club. The clam shells and gurry would be by-products that could be beneficial to the City. MOTION: Amendment: Councilman Mueller moved, seconded by Councilman Wise, to amend the lease to include the recommendation from Engineer LaShot with one changes eliminate the first sentence and in the 2nd sentence, eliminate the words, "to exceed these estimates or if operations." It would then read, "if operations change either In method of clam processing or a shift of processing KENAI CITY COUNCIL APRIL 7, 1982 Page 9 f r other than clams, the lessee shall immediately notify the City before conditions change and follow the proper procedures for obtaining approval. The i, City reserves the right to deny or approve such changes as may be appropriate." Mayor O'Reilly asked about the part stating that any citizen (3 or mare) of the City may close the operation. Atty. Garnett agreed, saying 3 complaints and he is out of business. If the complaints are I; valid, okay. But just 3 complaints of any kind, j this is very restrictive. Atty. Delahay said one thing he does not want to do is convince a jury ti.ere are noxious fumes from a plant. If we do not have it in the lease, it will be hard to clone the plant. If you had someone like the City Manager who could make the final decision, it would be better. Councilman Measles noted we have laws on the books to cover noxious fumes. Atty. Delahay replied they are difficult to enforce. MOTION, Addition to i-mendments �= Councilman Mueller, with consent of second, added to paragaph 2, after 113 day period due to any aspect of operation", "after investigation and in reasonable time to correct any problem." -- MOTION, Amendment to Amendments Councilman Malston moved, seconded by Councilman Wagoner, to give Administration authority to incor- porate these points where applicable and needed. i VOTE, Amendment to Amendments I _ Motion passed unanimously by roll call vote. VOTE, Amendment as Motion passed unanimously by roll call vote. I ;. VOTE, Main Motion as Amendeds ' Motion passed unanimously by roll call vote. -�- NOTICE OF RECONSZDERATIONs Councilwoman Glick gave notice of reconsideration at April 21, 1982 meeting, with these pointes a. Planning & Zoning can give input b. Administration get property appraisal and have the lease rate c. Stoehner's current leases be up to date d. Written approval from FAA Mayor O'Reilly noted some of the items may not be done by April 21. City Manager Brighton said the appraisal and written approval can be done. Atty. Delahay noted it is not the Stoehner leases in con- tention, but Arctic Aviation. Atty. Garnett said the Stoehners are not majority stock holders of the corporation. F-3 Water & Sewer on Candlelight & Linwood le: :t, 0 KENAI CITY COUNCIL APRIL 7, 1982 Page 10 Public Works Director Kornelis reviewed the back- ground. In the 1981-82 rapit»1 improvementR lint-, iwater & sewer was not put in gravel roads because it could be done later, just in paved roads. in 1902-93 list, this policy was continued. There was considerable interest in water 6 :;sewer for Candlelight & Linwood. Letters for petitions were sent out, and costs were prepared. DEC has run out of money, they expect to be under -funded this year. It will be difficult to get State money this year. Mayor O'Reilly asked, the total is 01,190,000 including 020,000 to buy off the contractor and proceed with water & sewer? City Manager Brighton replied yes, { it is his opinion Council wishes to proceed with the project. He asked Xr. Kcrnelis to give costs on that basis and how it can be done. Mr. Kornelis replied the figures given to property owners were those requested by Council, 20% of $300, 000 - $66reft for Candlelight, $25,000 for Linwood. Mr. Brighton noted the City will not get 50% funding from DEC but there is a way that State money can be used. If Council wishes to re -prioritize the $250 per person and use that, it is due in July. if we do both, the road will be done this year, water & sewer next year. Mayor O'Reilly asked if it could be done in 2 phases, lot water & sewer on the main parts and the 2nd phase would be the loop areas? Mr. Kornelis replied yes, but it would be more expen- sive.. Councilman Wagoner said we have discussed this many times and made the decision that we will do the roads first. We have a prioritized list. Councilwoman Glick said our priorities were not just roads but water 6 sewer. She said we became aware f of the need for water & sewer on Candlelight last year when we were doing the engineering for roads. The people in the area thought water & sewer were included. Councilman Wagoner said he had no problem with setting up an assesument district, but we should stick with the priority list. John Williams. The residents would appreciate a resolution as to the road problems. It has been 2 years that we have discussed Candlelight. it was f $1. Also, they are getting copper Sulphate in the water. He would suggest further tests, it is getting worse. Councilman Wise asked, how many people would be affected if we delayed a year? Mr. Williams re- viewed the low spots on the display map. He added -- - he has replaced the sceptic system once since he built in 1968, and replaced the well 2 times. The problem is most of them are drawing surface water. Frank Getty. He lives on Candlelight. He has bad water in his as home and his rental. if the City puts it in next year he will not hook up, he wants it now. He will have to put in another well. Council- man Wise asked, how many people in the upper area r and do they have the same problem. Mr. Getty replied everybody has the same probblem. Councilwoman Glick added she had spoken to Mr. Getty and he had said 3 he would develop additional area if, he ha4 water & (( sewer. Councilman Wise proposed laying a double line with a temporary lift station to moot the probl©m tumpor- ar.ily. Mr. Kornleis replied it could be done but it would be expensive. Councilman Wagoner suggested Administration bring a proposal to Council. Mayor O'Reilly replied there was a time problem with the contractor. Mr. Kornelis said as soon as the weather breaks, they want to proceed. q KENAI CITY COUNCIL 1 APRIL 7, 1982 Page 11 MOTION, Councilman Wagoner moved, seconded by Councilwoman Glick, to direct the City Manager bring back a pro- ;josal to Councils a. A plan to extend water wick sewer to follow in the current area affected b. Look at possible fund levels and reallocation of funds of 1-2 year period with our current Capital Improvement projects C. Delay the gym for one year d. Phasing of this project over a 2 year period e. Use of Capital Reserves to complete the project as a whole this year Motion passed unanimously by roll call vote. Councilman Measles asked that Administration also look at laying a sewer line to Lawton but not acti- vating it, it could be activated when Lawton Loop is done. Council agreed to the request. F-4 Carmen Gintoli - Presentation of Design Development Drawings -�= Mr. Gintoli said the design development phase of the Senior Citizen Center is complete, this is the ij rendering. The building as designed comes to $944,495. This is over budget, if the portecochere and solarium are deleted, it is down to $884,295. Regarding the f drainage, they will design a slope toward the parking lot and have sewer pipe into the creek to prevent erosion. Mayor O'Reilly asked, the City will be responsible to bring road, water & sewer in? Mr. Gintoli replied that is not in the budget. Mayor O'Reilly suggested this be prepared for Council. He asked if the kitchen had been redesigned. Mr. =-_i- Gintoli replied yes. Councilman Wagoner said he would like the parking lot finishing estimate also. Mayor O'Reilly asked, has there been any study done on water & sewer? Engineer LaShot replied they planned on using the access road to FAA to the site as gravel. When FAA moves out, they are paving. He -- - will get costs. They have a concept plan for the - _ roads. Mayor O'Reilly asked for costs for paving and gravel both. fie asked if the schematics had Senior Citizen approval. Mr. Gintoli replied yes. MATIONs Councilman Wagoner moved, seconded by Councilman Malston, to postpone any further action till the engineer brings back cost estimates on services mentioned. Motion failed, with Councilmen Malston, Mueller, i Wagoner voting yes; Mayor O'Reilly, Councilwoman �.. Glick, Councilmen Measles, Wise voting no. Mayor O'Reilly asked, what is the timing? Mr. Gintoli a replied they are on schedule. It will be the end of May or the first of June. City Manager Brighton asked, does this mean this will go in front of airport work? Mr. Gintoli replied the airport is moving on v schedule, the due date for that is July 1. Mr. Brighton asked, if this was delayed, would the airport job go faster? Mr. Gintoli replied yes. Council- R it KENAI CITY COUNCIL APRIL 7, 1982 Page 12 woman Glick asked, are we in arrears in our time table? Mr. Brighton replied no. Councilwoman Glick asked, why are we bringing this up? Council- man Wagoner explained he asked this. If we do not do it sooner, it may be Sept. before the contractor can start or possibly for a full year. Regarding the Senior Citizen center, we have just had about i 12 people with their needs. If have $1 Million tied up in the building, there is a need for more funds here. Maybe we should relocate where there is water & sewer. MOTIONS Councilwoman Glick moved, seconded by Councilman Wise, to have Mr. Gintoli proceed. Motion passed, with Mayor O'Reilly, Councilwoman Glick, Councilmen Measles, Wise voting yes; Council- men Malston, Mueller, Wagoner voting no. li G NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the requisitions as submitted. Motion passed by unanimous consent. G-3 R&P Enterprises Lease Approval City Manager Brighton explained, this was appraised at 068,600 each. The applicant was upset so he got his own appraisal. His appraisal had $60,600 on lot ail, $59,800 on lot #2 and $58,800 on lot $3. Mr. Brighton suggested we split the difference and he would ask Council to accept at $63,700 each. Councilman Mueller asked, would we make up the difference from General Fund? Atty. Delahay replied there is a question on fair value with 2 appraisers. We have no problem with FAA on that. MOTIONS Councilman Wise moved, seconded by Councilwoman Glick, for approval of the lease application. Motion passed, with Councilmen Mueller, Wagoner, voting no. G-4 Amendment #4 - Sewage Facilities, Design Work - CH2K Hill Contract, Increase by $30,325 Public Works Director Kornelis noted Loren Leman of CH2M Hill was here to answer any questions. This should be subject to approval by ADEC & EPA. KENAI CITY COUNCIL APRIL 7, 1982 page 13 MOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to approve the amendment contingent upon approval by ADEC & EPA. Motion passed unanimously by roll call vote. G-5 Ordinance 767-82 - Increasing Rev/Appns in Jail Fund by $2,000 for Replacement of Heat & Smoke Detector in Jail MOTIONS Councilmen Measles moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed by unanimous consent. G-6 Ordinance 768-82 - Increasing Rev/Appns General Fund by $7,000 in Recognition of Grant from State of Alaska for Fire Service Training MOTIONS Councilwoman Glick meve3, seconded by Councilman Wagoner, to introduce the ordinance. Motion passed by unanimous consent. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. The Senior Citizen Director has prepared a $9,718 application for a craft director and a chore helper, both part time. we need consent of Council to submit. Council approved the submittal unanimously. 2. The Historical Society received a grant from Dept. of Education for $4,250 for display cases for their facility. 3. A meeting was held at the Borough with Mayor O'Reilly, Public Works Director Kornelis, City Manager Brighton, Borough Mayor Thompson, Borough Atty. Sarisky, Borough Planning Director Best regarding the sludge controversy. This was scheduled for a court hearing and was delayed pending Council action. The Borough wanted to use leverage on us regarding disposal of sludge. We told them we had no experience at this time but maybe we could at a future time for a fee. We also had to know if we have the capacity. They had not applied for a permit to dump sludge. They have accomodated us now. The agreement was that if we eliminate the suit, they would immed- iately submit their permit and they did accomodate our problem. Councilman Measles asked, could the Borough find out the amount of sludge from the dump operators so we can know what to expect? Mr. Brighton replied he did not think we will be able to accept their sludge. we have Sea Catch with a daily load already, within the City, for ++kit, uC $36,500. Councilman Measles suggested they may be able to see our situation if they saw how much volume they pick up outside the City. V KENAI CITY COUNCIL APRIL 7, 1982 Page 14 Mr. Kornslis explained, Sea Catch cost was $32,000 to hire a pumper dumper, they anticipated 2000 gallons a day. Atty. Delahay said he differed with Mr. Brighton. When we first requested the Borough take our sludge, which their ordinance provides for and the State says they will do, we received a letter from the Borough proposing what they did now. Atty. Delahay started a law suit. At the meeting we settled on a temporary solution. They are attempting blackmail. Unless we get the problem resolved, they can stop us from dumping at any time. The Administration, not the Assembly, has refused to do this. One of the problems is the Borough allows scavenging at the dump and they have to separate sludge. Councilwoman Glick asked if Atty. Delahay thought we had a leg to stand on. Atty. Delahay replied yes. She suggested he get a copy of the 4-6-82 Borough meeting. The comment was made that they hoped they had the situation settled and the Mayor said he didn't feel the City had a leg to stand on. Councilman Wise said he would like to see the case pursued to a confession of judgement and in the meantime we establish fees, relatively high with a rebate to City land owners. He also suggested we limit outside pumping to a set time. Atty. Delahay said the holding tank holds 26,004- gallons, one pump dump would take it up for about 24 hours to feed it through and City residents could not use it. There are also tests that have to be done. Mayor O'Reilly asked Mr. Brighton, what is he asking? Mr. Brighton replied, to drop the case and proceed on that basis that we have a legitimate agreement with the Borough. He noted the Borough asked: a. We pay their expenses to prepare the area b. They still object to our protesting to the S year extension of the land fill C. They asked us to take Scrough septage d. They are still testy because we sued them over this thing We objected to all these things but they still gave in. Councilwoman Glick asked if we could get this in writing. Mr. Brighton replied if Council says they will drop the suit, he will ask for it. Mayor O'Reilly said there is a problem that they could accept waste but may charge a high fee for it. Councilman Wagoner said had the City maintained and continued their solid waste area, it would only be half as full. MOTION: Councilman Wise moved, seconded by Councilman Malston, to continue the suit to endeavor to get a confession of judgement and attempt to accommodate the Borough by accepting outside septage material between 3:00 to 4:00 if we have the capacity to accept it in an effort to accommodate the Borough. MOTION, Addition: Councilman Wise, with consent of second, coanged the motion to read that outside septage material would be accepted at a set period of time and a set fee. Atty. Delahay explained it would be a judgement of KENAI CITY COUNCIL APRIL 7, 1982 Page 15 court, not confession of judgement. Councilman 14alston suggested Administration set the hours. Councilman Wagoner asked that the two i+Pms be voted on separately. Council agreed. VOTE, Accepting Borough Septage Material: Motion passed unanimously by roll call vote. VOTE, Continuation of Suit: Motion passed unanimously by roll call vote. 4. In the packet are 18 leases up for re -appraisal. The lessees have not received the amounts yet. They have gone up very high. Councilman Wise suggested if they object, they obtain their own appraisals, within a certain period of time. If still too wide, go to a 3rd appraisal or MAI. Council agreed to the suggestion. H-2 City Attorney Atty. Delahay spoke. 1. Councilman Wise's suggestion regarding re- appraisal of leases was good. The City has done this with the last few appraisals. 2. Councilman Wise requested a 2nd lease to Sea Catch. They applied but withdrew. 3. Clarion vs City of Kenai. He has a copy of t the opinion from the Atty. Holdings are: i� a. Identities have to be revealed b. They could withdraw and not be revealed C. Executive session is okay for discussion Atty. Delahay suggested in the future, wizen hiring, The Council schedule a special meeting instead of a work session, then they can recess to executive session. H-1 City Manager Report (contd) City Manager Brighton noted regarding Salamatof - — lease. The lease rate is approximately $12,000 or $16,000 at this time. The reappraisal came in at $6,000. The reason was the lease was let on the basis of bids and not on appraised value. we have scheduled a meeting with the appraiser to see I- --_ where there was a reduction. H-3 Mayor Mayor O'Reilly noted the memo regarding the discussion with Sen. Gilman. we added we will know by next week where we stand with Capital Improvement money. H-4 City Clerk None H-5 Finance Director None I r KENAI CITY COUNCIL APRIL 7, 1982 Page 16 11-6 Planning L Zcuing Councilwoman. Glick spoke. 1. At the last meeting a resolution was requested to be prepared regarding zoning powers. 2. The Stoehner lease was discussed. 3. Reports we.e being received regarding gravel pit operations. 4. Discussion regarding set -back with City streets 5. Trailer next to the Russian Church. City Manager Brighton was to check regarding a building permit. 6. City Manager Brighton was to continue to press on zoning violations. 7. On April 12, 1982 DOT will have a public hearing on Kenai Peninsula transportation requests. The harbor and airport are listed. Mayor O'Reilly noted Public works Director Kornelis is a member of the Kenai Regional Transportation Study. The Borough Economic Development should have approved our small boat harbor as one of the items of the Kenai Regional Transportation Study. He asked Mr. Kornelis to bring that up. H-7 Harbor Commission None H-8 Recreation Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Public works Director Kornelis a. He has received a letter from QM regarding the library design grant. Projects cannot be initiated till July.>arvi�Q- b. He has received a letter from DOT renardingf'h'o s & Trails. That Lhu been closed -by the Statue, y B ee Regarding street lights. He wrote a Setter to HEA requesting the tariff and rules. They sent the tariff. 2. Councilman wagoner said it bothers him that we talk about expanding the Senior Citizen project to over $1 Million and we do not talk about what we will do with Pt. Kenay. we can get into the same problem with the library. New buildings are nice, but cost money. The library serves outside area also and it will have a negative impact on the City just as the Senior Citizen center will. we have legislators not listen- ing to our needs. Mayer O'Reilly noted Son. Gilman received 40 letters regarding the library. 3. Councilwoman Glick, asked City Manager Brighton if he contacted the airport users. Airport Manager Swalley said he drafted a letter and has asked Atty. Delahay to review. !� tt 4. Councilwoman Glick asked City Manager Brighton if he had the proposal on minimum operating pstandards in the airport and what is the status? a _ Mr. Swalley replied they have not done anything with this. Mr. Brighton explained they felt ' they could do this without spending $36,000. Ile added Mr. Swalley could do it. N. KENAI CITY COUNCIL APRIL 7, 1982 Page 17 5. Councilwoman Glick asked City Manager Brighton if he had submitted an application for Kenai as an All -American city. tor. Brighton replied he has requested applications and qualifications but has not had a reply yet. Councilman Wagoner said he thought Kenai had enough problems with- out becoming an All -American city. 6. Councilwoman Glick asked if there was to be a Recreation Commission report. Recreation Director McGillivray reported they have not had a meeting because he has been on a trip to Tacoma, Wx at the Northwest Regional Conference of National Parks Assoc. He noted Alaska will be the host for the conference in 1984, in Anchorage. Anchorage will probably ask for help from other areas of the State. 7. Councilman Mueller noted the letter from the Appraisal Co. of Alaska has some excellent suggestions we should take a look at. 8. Carmen Gintoli said his family are now residents of the City and it could not have been done without help of the City. 9. Councilwoman Glick noted the public hearing regarding termination of a City employee. it was a little far fetched and she felt that was not the intent of the grievance procedure. We actually had a mini -court there and it took up many hours of City employees. Councilman Wagoner said he thought it was an arbitration board. That is not a long period of time for that. Atty. Delahay said it would be unfair if we did not give him a chance for an attorney when he is not able to speak as well as Administration. Councilman Wise asked, how much did it cost the City? Councilman Wagoner said it saved the City in the long run. ADJOURNMENT Meeting adjourned at 1200 AM. et Whelan, City C er 0