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HomeMy WebLinkAbout1981-03-04 Council MinutesAGENDA KENAI CITY COUNCIL - REGULAR MEETI►dG MARCH 4, 1981 - 7;00 P14 PLLDCE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 647-81 - Amending Kenai Municipal Code for Employee Classification Plan Changes 2. Ordinance 648-81 - Transfer of Funds, General Fund and Water & Sewer Special Revenue Fund - Provide Funding for Employee Classification Plan Changes 3. Ordinance 649-81 Amending Kenai Municipal Code - Increase Rates of Reimbursable Travel Expeilues to Employees 4. Ordinance 650-81 - Increasing Rev/Appns •- Overtime Costs in Fire Dept. - $15,680 5. Ordinance 651-81 - Amending Kenai Municipal Code to Adopt 1981 National Electric Code 6. Ordinance 652-81 - Increasing Rev/Appns - Overtime Costs in Police Dept. - $7,673 7. Ordinance 654-81 - Amending Kenai Municipal Code - Change Meeting Place of City Council S. Ordinance 656-81 - Increasing Rev/Appns - CEIP Streets, 1980 - Provide for Relocation of FAA Radio Equip. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Assembly Member Karen McGahan - Borough Sales Tax Ordinance 2. Carmen Gintoli, Architect - Final Drawing, Cultural Facility I 3. Ruby Coyle - MOA on Wetlands D. MINUTES 1. Regular Meeting, Feb. 18, 1981 E. CORRESPONDENCE 1. James Hornaday - George Jaynes Memorial Park 2. MFOA - Certificate of Conformance M I i C q e h P " V1 F. OLD BUSINESS ry 1. Motior. to Resc?nd Resolution 81-13 - Commem- orating Alaska's 25th Anniversary of Statehood and Appointing Task Force 2. Consideration of Memorandum of Agreerant with Coastal Zone Management G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2.. Requisitions Exceeding $1,000 3. Ordinance 657-81 - Increasing Rev/Appns - Additional Construction & Equipment, Youth Center - $42,000 4. Ordinance 658-81 - Increasing Rev/Appns - Operating & Maintenance Cost Study, Cultural Facility - $2,500 5. Resolution 81-26 - Support of Community College 6. Resolution 81-27 - Transfer of Funds - Replenish Legislative Misc. Account - $265 7. Assignment of LL+ase - John Steinbeck, d/b/a Kenai Food Center to D&A Supermarket S. Care Center - Final Payment - $56,860 9. Trans Alaska Engineering - water & Sewer, .� Section 36 - $2,376 10. CH2M Hill - Sewerage Projects, Progress Report #22 - $10,200 11. Dowling -Rice & Assoc. - Youth Center - $1,898.37 12. OMNI North - City Administration Bldg., Payment #8 - $151,766 13. Blazy/Green, J.V. - Youth Center, Pay Estimate #5 - $68,129.39 14. Alaska Boiler & Heat Exchange - Warm Storage Bldg., Pay Est. #4 - $7,596.97 15. Carmen Gintoli, Architect - Cultural Facility - $5,250 16. Gary Davis, Harbor Admin. Coordinator - $5,371.53 17. Senior Citizens Grant Application H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT o U , e E '4J i i� 'J KENAI CITY COUNCIL - REGULAR MEETING, MINUTES b'AP..CH 4, 1901 - 700 PM KENAI PUBLIC SAFETY BUILDING HAyGR VINCENT 0' RT_'ILL•Y PRESIDI;iG PLEDGE OF ALLEGIANCE D.. ROLL CALL Presents. Tom wagoner, Vincent O'Reilly, Betty c�Ron Malston, Rzy Measles, Dick Mueller Absents Jess Hall (excused) AGENDA APPROVAL Mayor O'Reilly askew that item 0-8 - Ordinance 656--81 - increasing Rev/Appns - CEIP Streets, 1990- Pide for Relocation of FAA Radio Equip.; be postponed enable Administration to discuss costs with FAA. Mayor O`Reilly noted the letter from Secretary watt, U.S. Dept. of Interior, Mayor,to ov. O'Rei11y.�Hweaaskedne draft reply that this be added as item E-3. Mayor O'Reilly noed the CityManagerBrighton,landeaskedmthat this be added as item E-4. Mayor O'Reilly said item G-7 - Assignment of Lease - John Steinbeck, d/b/a kenai Food Center to DiA Supermarket; be postponed, as the lease has not been signed yet. Mayor O'Reilly asked that item F-1 - Motion to Rescind Resolution 81-13 - Commemorating Alaska's 25th Anniversary of Statehood and Appointing a Task Force; be changed to item 9-1. Mayor O'Reilly k tcl:angedto item item GSenior citizens Grant Application;be Council approved all changes requested. B. PUBLIC HEARINGS B-1 Motion to escind aska's 2hAnniversary of Statehood Appointing Task Force. MOTION$ Councilman Wagoner moved, seconded by Councilman Measles, to rescind resolution 81-13. 1 C __-�`�+�s�B1rJii®f/S?!'�aiG.e�rssr��r�f.mc. �--_. _vmmmm�,.. .:1. � ---' --�--. •-.-..-: �.:�...���.—:= —_ =�—ar r+i .� ��.�:a-=,�:�-.--: KENAI CITY COUNCIL MARCH 4, 1981 Page 2 =` Bob Uchitel, Alaska 84, spoke. rie-introduced Mike = Berrier and Dick Angel of Alaska 84. Councilman Wagoner explained he had started the motion because the Chamber of Commerce was not enthused. He asked, how is the community and the Chamber going to benefit? Mr. Uchitel replied, groups within communities will form and Alaska 84 will coordinate these group efforts. Cities will add to the theme and encourage people to come to their area. All capital improvement projects would be tied together in Juneau, so all _ communities would work together to get them. It ' _- is not an "Anchorage rip-off." They feel if it is not a State-wide effort, the whole purpose is shot down. I Dick Angel spoke. He explained the purpose of addressing the Chamber was not to get a resolution, i just to give a summary. They are only asking govern- mental units. Vice Mayor Glick took the chair. Mayor O'Reilly said he would support the resolution. i He felt it is fitting that municipalities recognize the i--portance of bringing forth attitudes that make living in a community a good experience. He can understand the hesitancy to support an undefined = project, but it does have escape clauses. Mayor O'Reilly resumed the chair. Mike Barry spoke. He explained the project does not have a system yet, they just have goals. The main purpose is to have each community explore - means. VOTE: Councilman Wagoner said, regarding the excape clause. It is written into the documents, but once it is started, we cannot let them down, so we do it. Also, how is this going to interfere with Council choices l or what will benefit the City? When the State starts cutting, he would hate to see them cutting what we had asked for. f Motion failed, with Councilman Wagoner, Councilwoman Glick voting yes; Mayor O'Reilly, Councilmen Malston, Measles, Mueller voting no. B-2 Ordinance 647-81 - Amending Kenai Municipal Code for Employee Classification Plan Changes OWWAN&MWAVAM.ia#Wc KENAI CITY COUNCIL MARCH 4, 1981 Page 3 MOTION: Councilman Measles moved, seconded by Councilman Malston, to adopt the ordinance. Public Comment: Animal Control Officer Hamar spoke. He objected to his classification because: 1. The City had a survey, comparing the duties of the Animal Control Office in Kenai and other cities in Alaska. They did not include in the survey i:hat other communities do not have enforcement powers and citation powers. 2. In 1979, the duties of the Animal Control Officer were changed to enforcement and citation powers. At that time he was promised it would be addressed at budget time. He felt there should be some addition to his job. 2 ' Councilman Wagoner said he had Atty. Delahay do some research on the use of City -owned vehicles. He computes $3,000 to $4,000 worth of benefits for the use of the car. Public Works Director Kornelis t . has full time use of a City -owned vehicle. That should be taken into consideration. { VOTE: Motion passed with Councilman Wagoner voting no. B-3 Ordinance 648-81 - Transfer of Funds, General Fund i and Water & Sewer Special Revenue Fund - Provide Funding for Employee Classification Plan Changes. MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to adopt the ordinance. N There was no public comment. i Motion passed unanimously by roll call vote. B-4 Ordinance 649-81 - Amending Kenai Municipal Code - t Increase Rates of Reimbursable Travel Expenses to Employees KENAI CITY COUNCIL MARCH 4, 1981 Page 4 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed, with Councilman Wagoner voting no. B-5 Ordinance 650-81 - Increasing Rev/Appns - Overtime Costs in Fire Dept. - $15,680 MOTION: ,•:- Councilman Measles moved, seconded by Councilman Mueller, to adopt the ordinance. J I There was no public comment. Motion passed unanimously by roll call vote. . B-6 Ordinance 651-81 - Amending Kenai Municipal Code to Adopt 1981 National Electric Code MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-7 Ordinance 652-81 - Increasing Rev/Appns - Overtime Costs in Police Dept. - $7,673 There was no public comment. Motion passed unanimously by roll call vote. B-8 Ordinance 654-81 - Amending Kenai Municipal Code - -- Change Meeting Place of City Council ' MOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the ordinance. ,1 There was no public comment. Motion passed unanimously by roll call vote. Mayor O'Reilly asked Clerk Whelan to remind him to designate the place of meeting till we occupy -- the new City Hall, if the building is not available by April 4, 1981. 1 i wr re s - � G^ rp I M ; / 1 KENAI CITY COUNCIL MARCH 4, 1981 Page 5 C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Assembly Member Karen McGahan - Borough Sales Tax Ordinance Mrs. McGahan said the ordinance is in the Finance Committee now. She had the feeling people thought she was daing something in secret, so she wished to discuss it with the Council. She had talked to many people in Kenai, they seemed to think it was a good thing. Something that sustains life should not be taxed. The Borough estimates that for a family of four, 29% of their sales tax is on food. But the State Legislature has a lot of money and might grant relief from taxes to cities. It will stay in the Finance Committee till we see what the State does.They are thinking of different methods of handling this. Councilman Malston asked if the Borough had considered dropping 1% sales tax across the board? Mrs. McGahan replied yes. City Manager Brighton asked if she had a figure for Kenai sales tax. She replied, $364,000 �., is der!-.,ed from food. Councilman Mueller said his problem is the only source of revenue we have for those outside the City using City services is from the sales tau, services include the library, airport, senior citizens, etc. Mrs. McGahan said she had been thinking mainly of the tourists, but she has found most tourists are from Anchorage, and already have their gas tanks full and their food bought. Most of our sales tax is derived in the Fall and is not from tourists. Atty. Delahay noted if the Borough takes off all sales tax, the City can have their own sales tax, but would have to furnish the labor and collect it. Mrs. McGahan said she would let the Council know if there are any changes in the status. C-2 Carmen Gintoli, Architect - Final Drawing, Cultural Facility Mr. Gintoli passed out a cost estimate. He said the total cost figure at this time is $9.6 Million. He suggested the City consider not paving Fidalgo and making it a cul-de-sac. It would make more parking. They have addressed all needs necessary in the building. The exterior finish will be con- crete, for minimum maintenance. One complaint was that the convention center was too small, but the stage is designed to become a site for a conven- tion. The other concern was the small size of the KENAI CITY COUNCIL r MARCH 4, 1981 Page 6 museum. The Pratt Museum in Homer is the same size, and they have no trouble. Mayor O'Reilly asked, what is the item listed as General Clean Up? M_v. Gintoli explained this is the clean up during the period of building. Mayor O'Reil'�.y asked, if the City wanted to design a $5 or 6 Million facility, would it change much? Mr. Gintoli replied, with just the theatre for the performing arts, the cost would $6.5 Million. City Manager Brighton asked, could a facility that could accomodate all they have there be built for $5.5 Million? Mr. Gintoli replied, yes, but much smaller. Mr. Brighton asked, will the Cultural Facility Committee be the deciding factor on the final plan? Mr. Ginotli replied yes. Councilman Malston said he questioned if the art groups can afford to pay the costs. Mr. Gintoli replied, the people involved feel that a better facility will bring in more people and pay the extra costs. Mayor O'Reilly asked if the Fire Dept. has looked at it, considering the height of the tower. Mr. Gintoli replied no, but this can be arranged. Mayor O'Reilly requested Mr. Gintoli get the operating and maintenance costs and have a meeting with the users groups. Mr. Gintoli re- plied he will continue to work with the City after the final plans are made. C-3 Ruby Coyle - MOA On Wetlands Mrs. Coyle said at the last public hearing on the Wetlands, 12 people spoke against IKOA, alot were wetland owners. The people who have had land here a long time have paid taxes and not received any services. These people have started the City, they should be given some consideration. Also, all the citizens of the City own wetlands. We would be using City of Kenai wetlands if they were exchanged, properties that have been penalized by Federal regulations. D. MINUTES Clerk Whelan said page 10, last paragraph, line 15, Atty. Delahey had requested this be changed to read, "appointed board can be made, according to Alaska Statutes." Councilwoman Glick said page 1, item B-1, MOTION, last line, be changed to read grant instead of J letter from the State. KENAI CITY COUNCIL MARCH 4, 1981 Page 7 Councilwoman Glick said page 3, item C-1, line 12 and line 14, the word budget be changed to capital improvement. Councilwoman Glick said page 9, item G-13, para- graph after the MOTION, line 5, the ward Monday be changed to Wednesday. Councilwoman Glick said page 13, paragraph 2 „ line 4, was the name of the construction company Tam? Public Works Director Kornelis replied yes. The word was Te€t as is. Councilwoman Glick said page 22, paragraph 2, line 5, be changed to read, "own land disagree. I can't imagine the Council agreeing to it." Atty. Delahay said page 16, paragraph 1, line 7, be changed to read, "said they are funded by the State and the State cannot declare-- Atty. Delahay said page 18, item H-8-b, line 1, be changed to read, "the Thompson lease, behind the post office lot." Atty. Delahay said page 19, motions regarding the lots discussed should have been made. He suggested Council take action at this meeting (3-4-81). Council agreed to take action at the end of the meeting. Atty. Delahay said page 21, item 6, the sentence be changed to read, "Atty. Delahay said he had noted a window was planned beside his office door in the new City Hall. He had requested a solid panel beside it." The last sentence was to be left as is. Minutes were approved as changed. E. CORRESPONDENCE E-1 James Hornaday - George Jaynes Memorial Park Council agreed to refer this item to the Parks & Recreation Committee. E-2 MFOA - Certificate of Conformance. Mayor O'Reilly presented an award of Certificate of Conformance from the Municipal Finance Officers Association to Finance Director Brown. 1" KENAI CITY COUNCIL MARCH 4, 1981 Page 8 E-3 Letter from Secretary watt, U.S. Dept. of Interior to Governor Hammond; Draft Reply from Mayor O'Reilly Mayor O'Reilly explained this relates to public land transfers to communities or to private hands. MOTIONS Councilman Wagoner moved, seconded by Councilman Mueller, to direct that the letter be forwarded as written, with the population figure corrected. Motion passed with Councilman Malston voting no. E-4 Letter from Harold Daubenspeck to City Manager Brighton City Manager Brighton explained Mr. Daubenspeck was writing regarding leasing of buildings on the property deeded to the City. Mr. Brighton said if we rent to him, it will be his responsibility to clean them up when they are through with theca. Also, Mr. Daubenspeck may be interested in moving the pse. Councilman Wagoner said we should notes b v.; A rtq s Av T ry V,.,.4-%f . 1. Mr. Daubenspeck is acting as president of North Pacific Processors, he does not own the company. The City of Kenai is not deal- ing with Mr. Daubenspeck, they are dealing with an entirely different company. 2. As for the 01,000 fee, there will be consid- erable cost getting the units ready to use. We should get rid of the units at this time and get the rest of the area cleaned up. Councilman wagoner said we may have a public nuisance with all the metal left there. Council- man Malston agreed, and suggested the City rent for 3 months and then proceed with action. The City could explain we had planned to dispose of the houses. Mayor O'Reilly asked Mr. Brighton to extend to Mr. Daubenspeck an invitation to come up this summer. and we will have a recognition of his gift. P. OLD BUSINESS P-1 Consideration of Memorandum of Agreement with Coastal Zone Management 1 I I i l I _A �J KENAI CITY COUNCIL MARCH 4, 1981 Page 9 MOTIO?J s Councilwoman Glick moved, seconded by Councilman Mueller, to direct Administration to sign the XOA. Councilman Malston said he has real problems with the MOAs 1. He finds it hard to take that the City should exchange good City lands for wetlands. 2. He also finds it hard that they can dictate changes in zoning codes for the benefit of the Federal government. 3. why can't Coastal Zone Management go ahead with the process without City involvement? City Manager Brighton explained they wanted the City involved so they could have major input from the City and its citizens. In reply to Council- man Malston'rs question as to why could they not go ahead with the people they are working with, without an agreement - he agrees with Councilman Malston that if it was signed, he would advise the City should not bear any financial responsi- bility the Federal government and the State are trying to foist on the City of confiscated land or land the people can do nothing with because of confiscated lands. Councilman Wagoner said the reason they want the City and Borough involved is because the City and Borough have lands any- where near where they could have land exchanges. He noted he was at the hearing and 16 people spoke. Eleven were against, 3 were for, 2 had no opinion. If they don't want any help, we should listen to them. Councilman Mueller said the input they are getting is, don't sign it. If we sign this, we are opening ourselves to criticism. Mr. Brighton said 2 letters were received tonight - one from Mr. Murray Walsh and one from the Governor to Commissioner Laresche stating that he would not eliminate Coastal Zone Management without considerable consultation. Mr. Brighton further noted the Borough is against Coastal Zone Management. Coastal Zone Management has provided many dollars to the Borough and the City. CEIP money is CZM money. If CZM evaporated, these moneys would not be available. Councilwoman Glick said she had nothing to gain, but we should KENAI CITY COUNCIL MAR`. H 4, 1981 Page 10 look at the reason the City is involved. The problem was people with wetlands were having problems getting permits. We asked these people for help. When they came, we asked them why are they here? Shat does not make sense. They are very serious. The fact that we have gotten this many agencies together deserves some recognition. How are we going to know ii their attitudes change if we don't give them a chance? The whole idea was to get the down town area developed. This was perceived to keep business in town. It was basal on a dollar basis, not an acre for acre basis. Thera arc some areas that should not be developed. Also, the City has a considerable amount of wetlands. The airport, if developed, will go north. We will have to have permits and environmental statements. There are permits we are trying to get through. Whether a person is an old timer or not, their comments should be given equal consideration. If we develop wet- lands, this benefits all the people. She went tc Washington D.C. to tell about the problems. Now we have a possible solution. now will we know if if will work if we don't give it a try? We can pull out if we are not happy. The Corps. of Zngineers has looked at 300 permits, they have denied 13. That is not too bad a record. One person said he had been denied a permit, but he could have had a permit with restrictions. He would not comply with the restrictions. Council- woman Glick asked Admin. Coordinator Davis, did the Harbor Commission address this and make a recommendation? Mr. Davis replied no. Council- woman Glick asked Councilman Wagoner, have they ever addressed this? Councilman Wagoner replied, very briefly. The City has nothing to do with the permit process. CZM wants the City and the Borough to be an active partner in this. Mr. Walsh's letter says without City and Borough involvement, it will not be funded. At the hearing, Assistant Amy Kyle said she did not know about it. City Manager Brighton said the $400,000 to do the study in the wetlands was what they were referring to. Mr. Brighton said Mr. 11alsr. told him that. The City had agreed to the concept, so he went ahead with the MOA. Councilwoman Glick said it is we - the rep- sentatives of the citizens of Kenai - who asked them to work out a solution. She doesn't know why CZM is the position of enticing us into a trap. Councilman Wagoner asked, the City of Kenai requested the agencies be put together in a group? Mayor a J-KzNA1 Crry COUNCIL MARCH 4, 19Q' Page 11 O'Reilly replied, as he recalls, Mayor Gilman was on the Coastal Policy Council. The Kenai River mouth was declared AMSA (Area Meriting Special Attention). Mayor Gilman and others suggested a task force 'to work with the City to ease the per- mitting process. A meeting was held with Council, Planning & Zoning, Harbor Commission and various agencies to see if an MOA could be developed. Councilman Wagoner noted Sen. Gilman was one of the 8 senators proposing to do away with CZM. Vice Mayor Glick assumed the chair. MOTION, Amendment: Mayor O'Reilly moved, seconded by Councilman Malston, to amend page 6, item 11, to add at the end of the sentence, "---but if inclusion of such revised measures results in irreparable financial damage to property in the City, the cost of such damage will be borne by Federal and. State agencies." Mayor O'Reilly explaineds 1. We don't want to get into a process whereby we give planning powers. 2. We don't want to cause financial damage to property ownsre. 3. We would not want the City to bear costs if a suit were signed by property owners. Mayor O'Reilly further explained this would put State and Federal agencies on notice to step lightly on any changes in planning as they would be taking all costs involved. To those who spoke at the public hearing, we have to balance that type of testimony to the general interests of the City. He would have to vote in favor of the MOA. He noted Sen. Gilman has appointed him as an alternate on the Coastal Policy Council. He didn't know if this was a conflict of interest, he didn't see that it was. VOTE, Amendment: Motion passed unanimously by roll call vote. E Mayor O'Reilly assumed the chair. KENAI CITY C()rINCTL MARCH 41 1981 Page 12 Ruby Coyle spoke. She said to City Manager Brighton regarding the moneys: given to the City, he did not say that all other projects will not be affected by the City's decision on CZM, Also, she said Chester Cone's permit was axed by CZM. Site is amazed that Council had CZM draw up an agreement without calling a hearing. This means to hex" that to protect their homestead, she has to come to every Council meeting. If the Council reads the MOA, it says if the City agrees to this, and the MOA goes through, it will be put in our zoning ordinance. She asked Atty. Delahay to comment on this. Atty. Delahay explained, the Borough and the City have planning & zoning powers, The Borough has zoning power but they normally will change zoning if the City requests it. In this agreement we would be obligating ourselves to use zoning powers to carry out the plans worked out. Atty. Delahay further explained, it was the intent of the Mayor that if any lands are damaged, the owner will be reimbursed by the Federal government. Ruby Coyle spoke. She asked, why do we have public hearings if The Council does not take the response from the public? The people who are not affected should not have the same emphasis as those who own wetlands. --__ Councilman Wagoner said, regarding Chester Cone. Cm Asst. Amy Kyle had said of 900 applications reviewed, they have rejected 30. Mr. Cone's was rejected without looking at it. Mr. Cone is a -" major property owner of wetlands. The major intent ~� of the postponement was to have Mr. Walsh talk to wetland owners. If they are not convinced, he would not support it. Councilwoman Glick said this has been before Council many times and before the Harbor Commission. This is the sixth draft. This „.- has not just happened. As for Planning & Zoning, the City already has Planning & Zoning Commission who use the Code to make decisions:. To incorporate - this into the Code is just to identify wetlands. Councilman Malston said in the letter from Mr. �- Walsh regarding CZM money to the Borough, etc., he got the impression that is a threat to future funds. '—J MOTION, Postponements Councilman Malston moved, seconded by Councilwoman Glick, to postpone action on the Memorandum of ' Agreement till such time the State makes up its mind what they will do with Coastal Zone Management. KENAI CITY. COUNCIL MARCH 4, 1981 Page 13 Councilwoman Glick said we are hollering about Coastal Zone Management, we can do away with CZM and that will not take away the fact that the people will have to go through the process of getting permits with the Corps. of !:::gineers. VOTE, Postponements 1 Motion failed, with Councilman Malston voting yes. r City Manager Brighton said it seems to him, if the Council agrees to it, it still must be agreed by the Borough. The Borough will decide if the MOA __- will be affected between the City and other agencies. Mayor O'Reilly said the City can enter into an agree-- - i went with anybody. From that action, a revised P&Z i could be developed and passed by Planning & Zoning and Council, then to the Borough. Mr. Brighton said the reason we did not receive it was because the Borough is the recognized agency they deal with. j Councilman Wagoner said the letters Councilman Malston refers to are irrelevant. They are between Ben. Gilman and Mr. Walsh; and Gov. Hammond and ^ Comm. Laresche. VOTE, Main Motions Motion failed, with Mayor O'Reilly, Councilwoman Glick, and Councilman Measles voting yes; Council. - men Wagoner, Malston and Mueller voting no. Councilwoman Glick noted Admin. Coordinator Davis has some alternatives. Mr. Davis explained, there a still may be. a possibility to continue the studies. They will need strong support from Council, a motion or a letter from Administration. MOTIONS F Councilman Malston moved, seconded by Councilman Measles, to state the Council supports continuation of the studies of the State Dept. of Natural Re- sources, Div, of Geological & Geophysical Surveys y -T and the Dept. of Fish and Game. h ; Councilman Wagoner said the Council is reiterating the motion he made two meetings ago. City Manager Brighton noted we agreed in concept with MOA 4� and not with the additional studies, it would be redundant to refuse to sign the MOA and then ask 1 _ J - C3 j KENAI CITY COUNCIL ..-. MARCH 4, 1981 Page 14 them to continue the studies fciy i1ahave funded. The studies would make it more restrictive to wetland owners than it is now. Councilman Wagoner said he was of the opinion we were approving the studies a when we approved the MOA. Mayor O'Reilly said this appears to isolate them. Waldo Coyle spoke. He said there have been two public hearings on the MOA, yet the Council chose to ignore them. The Council says it is not repre- sentative only of the people who speak against it. This is the reason there is little participation - in your public hearings. The Council has disregarded them in the past and they are choosing to do so now. He noted some of the Council seemed to think this is funny but the people have spoken and the next time it might not be so funny. He served 4 years in the service to keep this sort of thing from "j happening. 1� VOTEs Notion failed, with Councilwoman Glick, Council- ., men Wagoner, Malston, Mueller voting no, Mayor O'Reilly, Councilman Measles voting yes. i G. NEW BUSINESS G-17 senior Citizens Grant Application ' m MOTION: v^ Councilman Measles moved, seconded by Councilwoman Glick, that the City Manager be directed to sign the senior citizens Grant Application. Motion passed unanimously by roll call vote. 0-1 Bills to be Paid, Bills to be Ratified _- MOTION s Councilman Malston moved, seconded by Councilwoman Glick, to approve the billings as submitted. Notion passed unanimously by roll call vote. -n, G-2 Requisitions Exceeding $1,000 =- MOTION s Councilman Halston moved, seconded by Councilman ^..� Wagoner, to approve the requisition. KENAI CITY COUNCIL MARCH 4, 1981 Faye 15 Motion passed unanimously by roll call vote. G-3 Ordinance 657-81 - Increasing Rev/Appns - Additional Construction & Equipment, Youth Center - $42,000 MOTIONS councilwoman Glick moved, seconded by Councilman Ralston, to introduce the ordinance. Councilman Mueller asked, with the additions, where do the costs stand now? Recreation Director McGillivray replied, they have had only one change order, that increased the basic bid by 027,000. Vne increase they are asking for now brings the total to $483,000. Councilman Mueller said he would like to see a sheet showing the total costs. City Manager Brighton said they are requesting the 2nd reading tonight (3-4-81). He further explained the facility will be ready to open in the near future and to open without full facilities would be foolish. Mr. McGillivray said the handball courts are $56,000. / VOTEs Motion passed unanimously by roll call vote. MOTION, 2nd readings Councilman Ralston moved, seconded by Councilman Measles, to have 2nd reading of the ordinance this night (3-4-81). Motion passed unanimously by roll call vote. MOTIONS Councilman Ralston moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. 0-4 Ordinance 658-81 - Increasing Rev/Appns - Operating i Maintenance Cost Study, Cultural Facility - $2,500 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to introduce the ordinance. 4 II C I= KENAI CITY COUNCIL MARCH 4, 1981 Page 16 Councilman Wagoner said he would like to see a stop to having the lot and 2nd reading in one night. Motion passed unanimously by roll call vote. MOTIONS Councilman Measles ;zoved, seconded by Councilman Wagoner, to have the 2nd reading of this ordinance this night (3-4-81). Motion passed unanimously by roll call vote. MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. G-5 Resolution 81-26 - Support of CourAuiity College MOTION s Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. City Manager Brighton explained, a motion was made by Council to write the resolution 2 meetings ago. Motion passed, with Councilmen Wagoner and Malston voting no. G-6 Resolution 81-27 - Transfer of Funds - Replenish Legislative Misc. Account - $265 0-8 Care Center - Final Payment - $56,860 G-9 Trans Alaska Engineering - water & Sewer, Section 36 - $2,376 G--10 CH29 Hill - Sewerage Projects, Progress Report #22 - $10,200 G-11 Dowling -Rice & Assoc. - Youth Center - $1,898.37 G-12 OMNI North - City Administration Bldg., Payment #8 - $151,766 G-13 Blazy/Green, J.V. - Youth Center, Pay Estimate —� #5 - $68,129.39 G-14 Alaska Boiler & Heat Exchange - warm Storage Bldg., Pay Est. #4 - $7,596.97 KENAI CITY COUNCIL MARCH 4, 1981 17, Page 17 G-15 Carmen Gintoli, Architect - Cultural Facility - $5,250 G-16 Gary Davis, Harbor Admin. Coordinator - $5,371.53 MOTIONS Councilman Waga:ier moved, seconded by Councilman Measles, to approve Resolution 81-27, and bills numbered G-8 through G-16 as submitted. There was no public comment on Res. 81-27. Councilwoman Glick asked, on item G-16, have we received the progress report yet? Finance Director Brown replied yes. Councilman Measles asked, on item G-10, has the invoice been received yet? Finance Director Brown replied yes. Motion passed unanimously by roll call vote. H. REPORTS ram. H-1 City Manager City Manager Brighton spoke. 1. Councilman Meaoles, Mr. Brighton, Police Chief Ross and Fire Chief Winston had a meeting re- garding the 911 Emergency Number. They agreed that they ought to send a letter expressing interest, while trying not to dampen other folk's enthusiasm that have greater need than we. Councilman Malston asked, in the letter, it will be in support of the concept only? Mr. Brighton replied the commission is to continue the study of acquiring a 911 system, with no expense to the present system in Kenai. Mayor O'Reilly asked, is there a point where we cannot get out? Police Chief Ross explained this is just a utter of support. It will have to come back to Council. 2. Mr. Brighton said Council had asked for a search of Planning & Zoning records regarding the dangerous situation on 4th & Spruce Sts. There was no official communication from 1978 to the present. There was a conversation at on Planning & Zoning meeting. KENAI CITY COUNCIL MARCH 4, 1981 Page 18 3. on the basis of the MOA failing, Mr. Brighton felt he should communicate with Mr. Walsh re- garding the deci6lon. r , _ 4. Mr. Brighton has had 3 conversations with Mr. Roper. He has refused an extension, but he is open io negotiations. a. It would be only, open for renegotiation for a reasonable period of time. b. Any future negotiations would be more expensive since he intends to start the project. Mr. Roper insisted Mr. Brighton relay to the Council, if they were smart they would "hire his engineering firm and quit dilly dallying with incompetents." Councilwoman Glick asked, regarding the grant, did Mr. Brighton fill in Appendix A, item C? Mr. Brighton replied yes, Mr. Tolley said we should fill this in, but he had the right to go back and fill in the dates. Mayor O'Reilly asked, is it your intent to submit the grant? Mr. Brighton replied yes. I H-2 City Attorney Atty. Delahay spoke. 1. Atty. Delahay receives all the legislative bills from Juneau. If the Council feels any bills are needed to follow through on, he can do it. One is a revision of Title 29, this is primarily re -arranged. BB 107 regarding -- public officers engaging in lobbying. The purpose is to repeal the law that a public official will not have to register if they lobby. Councilman Wagoner said he had no trouble with it. That does not prevent us —� from registering and lobbying. 1 MOTIONs Councilman Malston moved, seconded by Councilman Measles, to send a resolution opposing HB 107. Motion passed, with Councilman Wagoner, Council- woman Glick voting no, Mayor O'Reilly, Councilmen `�• Malston, Measles, Mueller voting yes. KENAI CITY COL34CIL MARCH 4, 1981 Page 19 Mayor O'Reilly requested the resolution be sent to the chairman of the committee, our legislators and the members of the committee. 2. Atty. Delahay said there has been a joint resolution proposed by the Municipal League asking for an amendment to provide for dedi- cation of revenue for Alaska local government endowment funds. H-3 Mayor Mayor O'Reilly spoke. 1. There are 2 vacancies on the Harbor Commission. Mayor O'Reilly proposed Charles Boss and Tom Ackerly be reappointed to the Commission. 1 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to concur with the Mayor's appointments. J Motion passed unanimously by roll call vote. Clerk Whelan was asked to notify both members. H-4 City Clerk Clerk Whelan explained the telephone poll re- garding the authorization of a transfer of funds for the soda fountain unit for the Youth Center was not ratified at the last meeting. It was fnelused in the packet for that meeting. i MOTION$ Councilwoman Glick moved, seconded by Councilman - � Malston, fur ratification of the telephone poll. t= Motion passed unanimously by roll call vote. H-5 Finance Director None a. H-6 Planning R Zoning None a j i r � , KENAI CITY COUNCIL MARCH 4, 1981 Page 201 H-7 Harbor Commission Councilman Tom Wagoner spoke. 1. Regarding the proposal from CH2M Hill for the boat harbor. The Commission did not have a draft. Action will be after the March 16 meeting. He requested the meeting time be changed to 500. Council agreed to the time change. Clerk Whelan was requested to notify all concerned. 2. Regarding the set net sites. This has been postponed again. The Commission is leaning toward letting the State handle it. 3. Regarding Tract A. The third opinion is in agreement. Any use to take place forever will be tied to granting of the original document of the small boat facilities. 4. The Commission asked if something can be done to clean up the area. City Manager Brighton will try to take care of it. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Atty. Delahay reminded the Council that they will have to make a motion to clarify the Land Committee action at the Feb. 18, 1981 meeting - page 19 of the minutes. MOTIONS Councilman Mueller moved, seconded by Councilman Malston, to direct the Administration to advises a. Mr. Cason rate on Lot 1, Blk. 4, GAA, be lowered and set at $.04 per sq. ft. b. Mr. Cason rate on Lot in Gusty SID be main- tained at appraised value. Co Mr. Thompson rate on Lot 11, Alyeska SID be maintained at appraised value. d. Mr. Wasson rate on Lot 2, Blk. 4, GAA, be maintained at $.04 per sq. ft. and that Mr. Wasson rate on Lot 2, Blk. 2, GAA, is believed to be too low but since that was the rate set be the City appraiser, it will not be raised during that renegotiation period. KEW CITY COUNCIL MARCH 41 1901 Page 21 Motion, paused unarimously by roll call vote. 2, Atty, Delahay said the Council hag- not been advised regarding the Carter lawsuit. Mr. Carter has obtained a jury verdict against the City in the amount of approximately $4,500. Mayor O'Reilly asked, will there be an appeal? At.tty, Delahay replied the insurance company would find an appeal out of order for that amount, and would pay, ADJOI, RRMENT Meeting adjourned at 1100 PM, Respectfully submitted,37'a-'a �J e an, city clery. s JJ �i w s, ,