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HomeMy WebLinkAbout1982-11-17 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 17, 1982 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Hall Smalley - Planning & Zoning a. Sign Code Resolution b. Capital Improvements C. PUBLIC HEARINGS 1. Ordinance 816-82 - Amending Kenai 14unicipal Code - Mandatory Water Charges 2. Ordinance 818-82 - Increasing Rev/Appns - State Library Grant - $10,000 3. Resolution 82-129 - Transfer of Funds - Construction Insurance - Senior Center - $1,055 4. Resolution 82-130 - Declaring Fire Dept. Crash Truck & Dry Chemical Surplus 5. Resolution 82-131 - Awarding Contract - Two Patrol Cars to Hutchings Chevrolet - $21,848.30 6. Renewal of Liquor License - La Fiesta 7. Renewal of Liquor License - Larry's Club D. MINUTES 1. Regular Meeting, Nov. 3, 1982 E. CORRESPONDENCE 1. Kenai Historical Society - City Take Over. Museum F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 819-82 - Increasing Rev/Appns - Fill Land Manager Position, Eff. Dec. 1982 - $12,841 r w ' A 4. Ordinance 820-82 - Increasing Rev/Appris - Federal Revenue Sharing - $364,008 5. Ordinance 821-82 - Increasing Rev/Appns - State Library Grant -• $9.850 6. Discussion - Evergreen, Haller, McKinley, 3rd, 4th, 27th, 32nd - Street Improvements, 1 Materials Pit Site } H. REPORTS t 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission i S. Recreation Commission i i I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD , ADJOURNMENT o-� f �5 ,I r .. � o I t. t { 1 J { KESAI CITY COUNCIL - REGULAR MEETING, MINUTES NOVE14SER 17, 1982 - 7:00 PM KENAI CITY ADMINISTRATION BUILDING VICE MAYOR RONALD MALSTON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: John Wise, Tom Ackerly, Sally Bailie, Ron Malston, Ray Measles, Tom Wagoner I� Absent: Vincent O'Reilly (excused) ! AGENDA APPROVAL t 1. Vice Mayor Malston asked that Borough Atty. Delahay be added as item B-1 to discuss the Peck lawsuit. I 2. Vice Mayor Malston asked thy*, Gerald Sibley be added as item B-3 to discuss the float plane basin. fCouncil agreed to the additions. B. PERSONS PRESENT SCHEDULED TO BE HEARD i ! B-1 Borough Atty. Delahay - Peck Lawsuit Atty. Delahay explained he had volunteered to handle this case in the lower court, since he had been working on it prior to termination with the City. There was a motion filed by Mr, Peck's attorney (Mr. Kelly) to make final judye"nt in spite of the counter claim pending. The Court did make judgement on the issues up for de- termination. Mr. Peck has 30 days to file Notice of Appeal. When he files, the City will have to hire an attorney to handle this. When the attorney is hired to represent the City, Atty. Delahay will help him in any way. Till that time, he will continue his research. Atty. Kelly has said he would waive asking for attorney fees till all action is done. Atty. Rogers suggested the City Manager be authorized to hire an attorney. Council agreed to duscuss this further under the Attorney Reports, item H-2. B-2 Hal Smalley - Planning & Zoning a. Sign Code Resolution -- Mr. Smalley referred to the P&Z Res. 82-34 regard- ing signs in the City. He suggested the Code should be redone. There are some attractive signs that are in violation. Councilman Wagoner noted the Sign Code �i is a Borough law. He suggested the Sign Code be under the Building Code. He added, we cannot look at just the flagrant violations, we should look at all „ violations. Councilman Measles asked if we could make a more liberal code than the Borough code. Atty. Rogers replied it may be difficult, but the main problem is selective enforcement. Councilman 41 7 wagoner suggested entering into negotiations with r the Borough regarding taking over P&Z powers. City Manager Brighton noted Homer has done that. He added, technically, the Borough has authority on planning & ' zoning, but the Borough generally accepts what the i city recommends. At one time this Code passed a Council and was sent to the Borough. The City has various solutions: KENAI CITY COUNCIL NOV. 17, 1982 Page 2 a. The City could change the Code, the Borough will probably go with the City. b. The City could adopt their own Code within the City Code to cover signs and withdraw from P&Z. c. Council could go to the Borough to accept P&Z powers within the City. He suggested a work session to discuss. Councilman Wise stated, that is why we have P&Z in the City, to draft planning & zoning ordinances. He asked, will the Borough lend us any planning support? Mr. Brighton replied he could only guess, he thought the Mayor would be agreeable. Councilman wise said P&Z should make the changes and submit it to the Borough. Council should not get in the act. Vice Mayor Malston noted the sign code is designed for a larger city rather than our type of city. City Manager Brighton asked if he could have 3 or 4 days to talk with the Borough to see if they can work with P&Z. Council- r.aA t;agc,aek said things will not always be as they are now, we should start with taking over powers of planning & zoning now. Council agreed to give the resolution back to P&Z for further work. b. Capital Improvements Mr. Smalley reviewed the prioritized list. He noted there were no dollar figures available on some items. City Manager Brighton asked, how much public input did P&Z have? Mr. Smalley replied, explained about 10 to 12 people spoke. Mr. Brighton Council will probably have 2 or 3 public hearings and would like to have a comparison. Councilman Wise noted none of the items he submitted to P&Z werre included. Mr. Smalley said he would bring it to P&Z for review. Vice Mayor Malston suggested this be discussed further at the work session, and that P&Z be invited to participate. Council scheduled a work session for Nov. 22, 1982 at 7:00. Clerk Whelan was asked to set up the meeting. B-3 Gerald Sibley - Float Plane Basin Mr. Sibley said he is owner of Peninsula Aircraft Services. in 1976 he asked the City to lease property to him to build a hanger. The City said the land had not been surveyed. He offered to help. He was told we needed a wetland study, an FAA study, then FAA approval. The State told him it was the City's to do as they saw fit. The City said they needed a develop- ment plan. In Sept. he presented a plan to Council. This was tabled pending a more professional proposal. The Master Plan was proposed and dropped. At a recent Chamber meeting Mayor O'Reilly had said the float plane basin was dropped for lack of interest. Mr. Sibley objected and met with the Mayor. He put a letter of objection in the paper and had much good response. There is a need for a float plane basin on the Peninsula. FAA estimated over 300 float planes in the area. There are no facilities near this area. The waiting list at Lake Hood is S years. He added, private aircraft always have a conflict. A private plane does not want to be fenced in, does not want sand on the runway because of skis on his plane. All they want is a ski strip in winter and a gravel strip in summer. Airport Manager Swalley had given them a T A,le - 1" KENAI CITY COUNCIL NOV. 17, 1982 Page 3 fairly good gravel strip. Why do we keep mixing up other businesses with small planes? Why don't we put them on the other side of the airport? As for the cost, it could pay for itself with little initial cost. If a private individual builds, it always costs less. Build with a minimum investment and let it develop. He is against going for Federal money and against a $1 Million project. If this had been accepted in 1976, the yardage of gravel taken out could build a 5,000 ft. runway. Regarding the noise in Woodland, the runway would be further away from the nearest house than the current runway. His proposal is,no changes in the existing facility. He understood direct air- port revenue has to be put back into the airport. How much money is in there now, and why can't it be used for a survey of the west side? He is asking for a little help for private aircraft. He defies any Councilmember to list anything that was used for private aircraft. Does Council want to help private aircraft or do they want them to go elsewhere? Councilman Wagoner noted the Mayor's statement was Council was not interested. He asked Mr. Sibley how many private planes tie down here and in Soldotna. Mr. Sibley replied 35 tie down here, there are 65 tie downs in Soldotna and they are always full. City Manager Brighton suggested this be discussed at a work session, and that input be contributed from Public Works Dept. and Airport Manager Swalley. Council agreed to referral to a work session. C. PUBLIC HEARINGS C-1 Ordinance 816-82 - Amending Kenai Municipal Code - Mandatory Water Charges Vice Mayor Malston said this is not up for public hearing. It should be moved to item 0-5a, for introduction. Council agreed to the change. C-2 Ordinance 818-82 - Increasing Rev/Appns - State Library Grant - $10,000 MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Resolution 82-129 - Transfer of Funds - Construction Insurance - Senior Center - $1,055 MOTION: Councilman .".:asles moved, seconded ay Councilman Ackerly, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. n -- C Y KLNAI CITY COUNCIL NOV. 17, 1982 Page 4 C-4 Resolution 82-130 - Declaring Fire Dept. Crash Truck & Dry Chemical Surplus MOTIONS Councilman Measles moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. MOTION, Amendments Councilman Wagoner moved, seconded by Councilman Measles, to include in the bid document, "The City reserves the right to reject any and all bids." Amendment passed by unanimous consent. Motion as amended passed by unanimous consent. C-5 Resolution 82-131 - Awarding Contract - Two Patrol Cars to Hutchings Chevrolet - $21,848.30 MOTION: Councilman Wagoner moved, seconded by Councilwoman Sailie, to adopt the resolution. There was no public comment. Councilman Wise asked if we were buying diesels. Police Chief Ross replied no. Councilman Wagoner said if we are not getting any response from more than one dealer, we should expand our listing. Chief Ross explained it was advertised in the local paper and went to 5 local dealers. Only one submitted bids. Motion passed unanimously by roll call vote. C-6 Renewal of Liquor License - La Fiesta Clerk Whelan said La Fiesta was current in their sales and personal property taxes. MOTIONS Councilman Measles moved, seconded by Councilman Wagoner, that a letter of non -objection be sent to Alcoholic Beverage Control Board regarding La Fiesta. Motion passed unanimously by roll call vote. C-7 Renewal of Liquor License - Larry's Club Clerk Whelan said Larry's Club was current in their sales and personal property taxes. MOTIONS Councilman Measles moved, seconded by Councilman Wagoner, that a letter of non -objection be sent to Alcoholic Beverage Control Board regarding Larry's. Motion passed unanimously by roll call vote. B-2b (Discussion): Councilman Wagoner refered to P&Z Res. 82-31. Ho did not see how capital improvement projects fit in with P&Z duties. - S KENAI CITY COUNCIL NOV. 17, 1992 Page 5 MOTIONS Co-inuilman Wagoner moved, seconded by Councilman Measles, that the current P&Z ordinance k -i - .. - . exclude item N�, in the duties of Planning & Zoning. - Councilman Wagoner explained there has been friction on this, it could be discussed at the work session. VOTE (Passed): Yess Ackerly, Bailie, Measles, Wagoner Not Wise, Malston D. MINUTES D-1 Regular Meeting, Nov. 3, 1982 Minutes were approved as submitted. E. CORRESPONDENCE E-1 Kenai Historical Society - City Take Over Museum j Vice Mayor Malston read the letter to the public. -- I Councilman Wise noted there is a larger issue as well, the maintenenace of the building. TIiip- terms of the grant place the responsibility on the City. City Manager Brighton said Administration has not been able to find a written document referred to in -_- the letter. He added, once we receive grant monies, it is our responsibility to maintain the building. Senior Citizen Coordinator Porter explained, the City -_ has an obligation to use the addition for 5 years from construction date as the Senior Center sees fit, then it is the City's to use. Roger Meeks said Mrs. Peterson r spoke to Roxanne Adams in Juneau. Ms. Adams suggested the Historical Society remain an active part of the museum. There have been the same 10 or 12 people in the group for the last few years. They would like to be in an advisory capacity only. Mr. Brighton noted whether the Historical Society want to relinquish res- ponsibility or not, it still the City's responsibility. Councilman Wise asked if the Society would be willing to give the City a time extension till Jan. 1, 1983. Mr. Meeks explained, nothing will he done till April when the new season starts. J;1 Councilman Wagoner noted this is what is going to happen A to this and other facilities. We still have no plan as to what we will do with the old facilities as we build new ones. The number of buildings we have main- tenance on is for a City with a fairly large tax base. 5,000 people do not have the tax base. We should _ address this at a future work session. Councilman Wise asked if a large part of the materials at the museum are on loan. Louisa Miller replied, there are very few on loan, not more than 50. The rest are gifts. Finance Director Brown explained, there is no insurance. Artifact insurance is costly and all items must have appraisals. All the people who owned items were notified about a year ago that there was no in- surance. G. NEW BUSINESS G-1 Bills to be Paid, bills to be Ratified f a I "• KENAI CITY COUNCIL NOV. 17, 1982 Page 6 MOTION: Councilman Wagoner moved, seconded by Councilman Measles, to approve the bi Us as submitted. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 None G-3 Ordinance $19-82 - Increasing Rev/Appns - Fill Land Manager Position, Eff. Dec. 1982 - $12,841 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to introduce the ordinance. Councilman Wagoner noted that still will not break out the time on individual land actions. Finance Director Brown replied, hopefully, after a 7 month period, the City will have a better idea. VOTE (Passed)s Yess Ackerly, Bailie, Measles, Wagoner Not Wise, Malston G-4 Ordinance 820-82 - Increasing Rev/Appns - Federal Revenue Sharing - $364,008 i MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to introduce the ordinance. Councilman Wagoner said he had discussed the pur- chase of street sweepers with LeRoy Anderson. He has ordered a new sweeper for $65,000. If we have a man in the business with 2 sweepers, he would question if the City needs one. It would be better to pursue a contract. One of the reasons Mr. Anderson is pur- chasing one is the demand on the Peninsula. We should not compete with private enterprise. MOTION, Amendments Councilman Wagoner moved, seconded by Councilman Measles, to amend the ordinance and delete $95,000 from the item, "Streets, Machinery & Equipment." Councilman Measles noted, last year we had the streets swept 2 times. How much did it cost? Public Works Director Kornelis replied, about $10,000 for both times. Councilman Measles asked, how much paved streets have we added? Mr. Kornelis replied, about 2 or 3 miles. Councilman Measles said with the add-d streets and with the need for more sweeping, it would be about $25,000. That would be a 3 year pay-off. Councilman Wagoner replied, that is true to a point, but you have operations, maintenance, and replacement. He added, he did not think the streets had to swept 3 times. We are removing winter sand. We need to put more effort into grading than sweeping. We need to spread services out. The more equipment we have like that, the less we will put into unpaved streets. i - !-4 KENAI CITY COUNCIL NOV. 17, 1982 Page 7 VOTE, Amendment (Pailed)s Yess wise, wagoner Nos Ackerly, Bailie, Malston, Measles Councilman wagoner asked Public works Director Kornelis, why did he have to pay $95,000 and a private contractor paid $65,000? Mr. Kornelis replied, this is a different kind that can vacuum out catch basins. VOTE, Main Motion (Passed)s Yess Ackerly, Bailie, Malston, Measles Nos wise, wagoner G-5 Ordinance 821-82 - Increasing Rev/Appns - State Library Grant - $9,850 MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to introduce the ordinance. Motion passed unanimously by roll call vote. G-5a Ordinance 816-82 - Amending Kenai Municipal Code - Mandatory Water Charges Councilman wagoner moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Wagoner said the point he is trying to make is the City has no business putting in water & sewer when people come down to the City asking for water & sewer and once they are put in, they are not willing to connect. He is not trying to "stick" people who have good water wells, but from this time forward he wants people to use this service. If they do not, they will have to pay anyhow. Atty. Rogers noted he has submitted changes to the ordinance. Councilman wise said we are not requiring mandatory sewer at this time and this has been on the books for some time. He would like to see how many people are affected first. After evaluating the effect, then move onto water charges. MOTION, Postponements Councilman wagoner moved, seconded by Councilman Measles, to postpone action till Council has time to cover in a work session. Postpone intzoduction till Jan. 5, 1983. Motion passed unanimously by roll call vote. G-6 Discussion - Evergreen, Haller, McKinley, 3rd, 4th, 27th, 32nd - Street Improvements, Materials Pit Site Public works Director Kornelis asked that this be discussed at the work session, as this affects the float plane basin. Council agreed to the request. H . REPORT'S H-1 City Manager City Manager Brighton spoke. I i I KENAI CITY COUNCIL NOV. 17, 1982 Page 8 a. Borough Mayor Thompson contacted Mr. Brighton and offered a Borough resolution in support of the flight service station the City is interested in. Since there is another city in the Borough interested in the item, the Borough passed a resolution for support in the Peninsula. Mayor Thompson said he would be willing to help in the future. b. The High School has a stopped -up sewer line. He could not tell the cost, but it may be $10,000 to $15,000. They went ahead with the work, but nothing has been expended. They have notified the contractors that the City is start- ing repairs, but not for ultimate responsibility for the cost and for liability. c. Atty. Rogers and Mr. Brighton will meet with APUC regarding lines. Vice Mayor Malston asked if there was any action re- quired by Council regarding the sewer lines. Mr. Brighton replied they will not know till the work is done. Councilman Measles asked if the contractor doing the work was the same one that did the original work. Mr. Brighton replied, it is the sub -contractor. Atty. Rogers explained they are looking at any contractor or sub -contractor to get any knowledge they may have. We may be looking to them for restitution. They are taking pictures of the progress. MOTION$ Councilman Measles moved, seconded by Councilman Wagoner, to approve the City Manager's actions in resolving the emergency sewer situation. Motion passed unanimously by roll call vote. Atty. Rogers added, the Borough has been notified, there may be some jurisdiction there. 11-2 City Attorney Atty. Rogers asked Council to authorize the City Manager to select Counsel to address the Peck vs the City suit. Councilman Wagoner moved, seconded by Councilman Ackorly, to authorize the City Manager to select Counsel to adress the Peck vs the City suit. Motion passed unanimously by roll call vote. it-3 Mayor Vice Mayor Malston said Mayor O'Reilly had nomi- nated Shirley Morgan to serve on the Recreation Commission. MOTIONS Councilman Wagoner moved, seconded by Councilman Ackerly, to appoint Shirley Morgan to the Recreation Commission. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL NOV. 17, 1982 Page 9 I1-4 City Clerk Clerk Whelan spoke. a. She asked if she could have Dec. 20, 1982 to Jan. 3, 1983 for vacation. Council approved the request. b. In the recent elections, there were 17 absentee votes cast in the Borough run-off anti 107 absentee votes cast in the Nov. 7 general election. The absentee voting for the whole State was held in the Chambers for it days. Co She notified the Council that she will be des- troying the ballots for the Feb. 363, 1979, Feb. 10, 1981 and Oct. 6, 1981 elections. d. The monthly Chamber/Council meeting will be Nov. 19 instead of Nov. 26. H-5 Finance Director None 9-6 Planning 6 Zoning None H-7 Harbor Commission Councilman wagoner said the bluff erosion study was passed out. it is an astonomical figure to correct the bluff problem. TANS should be here this week to take tests. There will be a Harbor Commission meeting Nov. 18. Councilman wise noted the study appears to be a direct contradiction of the Quadra study. H--8 Recreation Commission Recreation Director McGillivray spoke. a. They had a meeting last week. They reviewed the Capital Improvements list and then met with PhZ. b. Racquetball activity has increased markedly. The heat is off in the lower level, but will be fixed. Co The gymnasium is coming along. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Father Targonsky, Russian Orthodox Church. He asked if Ord. 816-82, that was postponed, would have a public hearing at a future date. Vice Mayor Malston said there would be a public hearing. b. City Manager Brighton asked if the Council wished to have a Christmas party this year. Councilman Wagoner said it should be pre -paid. Those that do not show should pay for their share. MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to direct the City Clark to go ahead and see what she can make in arrangements for, a party. _ Q KENAI CITY. COUNCIL NOV. 17, 1982 Page 10 14, City Manager Brighton asked if thin, included all employees and commissioners. Councilman Wagoner moved, seconded by Councilman Measles, that the City Clerk be directed to set up a no -host dinner and poll Council, employees and commissioners as to those who wish to take part. Provide a cut -oft` date, and make it pre -paid. MOTION, Withdrawals Councilman Measles, with consent of second, with- drew his motion. Councilman Wagoner suggested the Elks Club or the Sheffield, he preferred the Elks. c. Councilman Wise said there is a scheduled work shop sponsored by a public interest research group regard- ing State budgeting. it will be the first part of Dec. He would like to attend and suggested other Council members interested in State budget attend. Councilman Wagoner asked, how will it benefit the City? City Manager Brighton said there are funds available in the Legislative budget. He suggested that maybe the rest of the Council members are not familiar with the budget process. Councilman Wagoner said the process is merely a tool. Council should not have any interest in the process unless you are talking theoretical instead of mechanics. He objected to anyone going without a reason. Council agreed - with one objection - to attendance of the work shop. Councilman Wagoner noted Council had concurred to sending a person to a meeting without knowing the cost or the subject. ADJOUANMENTs Meeting adjourned at 9s40 PM. Janet Whelan City Clerk ow an d