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Home My WebLink About1981-10-21 Council Minutes7 0 4,. A. B. C. D. AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCT. 21, 1981 7:00 PM PLEDGE OF ALLEGIANCE CERTIFICATION OF ELECTION RESULTS SMEARING IN OF NEW COUNCIL MEMBERS: Dick Mueller John wise ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk M arc considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. PUBLIC HEARINGS 1. Ordinance 720-81 - Authorizing the Librarian to Establish Rules & Regulations 2. Ordinance 721-81 - Increasing Rev/Appns - Pur- chase of Equip., Airport Fence - $600,000 3. Ordinance 722-81 - Increasing Rev/Appns - Senior Citizen Grant - $15,030 4. Ordinance 723-81 - Increasing Rev/Appns - Frontage Rd., Purchase of Land for Right of `ay - $12,120 5. Ordinance 724-81 - Increasing Rev/Appns - Community Services Program - Senior Citizens - $9.696 6. Ordinance 725-81 - Increasing Rev/Appns - vect. 36 Drainage - $151,000 7. Ordinance 726-81 - increasing Rev/Appns - Kenai Senior Citizens Project - $165,217 S. Resolution 81-103 - Awarding Bid for One 10-12 Yd. Dump Truck to Alaska Sales & Service 9. Resolution 81-104 - Transfer of Funds - Inspection, Candlelight & Linwood - $1,200 10. Resolution 81-105 - Transfer of Funds - Relocate Cables, FBO S/D - $6,500 11. Resolution 81-106 - Awarding Bid, Cutting Edges for Graders - N.C. Machinery PERSONS PRESENT SCHEDULED TO BE HEARD 1. Attorney Ted Carson - Small Boat Harbor MINUTES 1. Regular Meeting, Sept. 16, 1981 2. Regular Meeting, Oct. 7, 1981 r, OLD BUSINESS NEW BUSINESS *1. Bills to be Paid, Bills to be Ratified *2. Requisitions Exceeding $1,000 3. Ordinance 728-81 - Regulation of Merchant Patrol 4. Ordinance 729-01 - Increasing Rev/Appns - N. Dogwood, N. Lupine, Phillips - 041,000 S. Ordinance 730-81 - Increasing Rev/Appns - Lawton, Walker, Tinker, Rogers - $205,035 6. Ordinance 731-81 - Increasing Rev/Appns - Main St. Z Barnacle - $136,500 *7. Gary Davis Adman. Coordinator Contract - 02,065.13 *8. Kenai Peninsula Community Care Center - $25,566.34 *9. Airport Expansion - Carmen Gintoli - $9,512.50 *10. Airport Improvements - Coastal Inc. - $29,151.62 *11. City Hall Project - Carment Gintoli - $1,920 *12. N. Dogwood, N. Lupine, Phillips - Quality Asphalt - Pay Est. $1 - $92,880.36 *13. Lawton, Tinker, Walker, Rogers - Quality Asphalt - Pay Est. 91 - $73,163.51 14. Ordinance 727-E1 - Increasing Rev/Appns - Donation to Cook Inlet Native Assn. for Training Program - $20,000 15. Birch, lot, 4th - Mr. Wells' Request - Discussion H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT a. M Sri KENAI CITY COUNCIL - REGULAR MEETING, MINUTES OCTUDER 21, 1981 - / : UU P14 KENA1 CITY ADMINISTRATION BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE CERTIFICATION OF ELECTION RESULTS Clerk Whelan read the results of the election into the record. MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to certify the election results as submitted by the Clerk. Motion passed unanimously by roll call vote, Council- man Hall was not in attendance. SWEARING IN GP NEW COUNCIL MEMBERS Councilman Mueller and Councilman Wise repeated the Oath of Office. ELECTION OF VICE MAYOR XOTIONs Councilman Malston, seconded by Councilman Wise, nominated Councilwoman Glick to be Vice Mayor. MOTION, Close Nominationss Councilman Malston moved, seconded by Councilman Mueller, that nominations be closed, and that there be a unanimous ballot. Motion passed by unanimous consent. A. ROLL CALL Presents Ray Measles, Dick Mueller, Tom Wagoner, John Wise, Vincent O'Reilly, Betty Glick, Ron Malston Absents None AGENDA APPROVAL 1. Mayor O'Reilly asked that Resolutions 81-107 and 01-109 be aided as items B-12 and 9-13. 2. Mayor O'Reilly asked that item G-il, City Hall Project - Carmen Gintoli - $1,920; be deleted per request of City Manager Brighton Is Mayor O'Reilly said Public Works Director Kornelis asked that items G-4 and G-5, Ordinances 729 b 730 be given 2nd hearing this date. (10-21-81) Council agreed to the changes. Councilman Malston objected to the Consent Agenda. B. PUBLIC HEARINGS B-1 Ordinance 720-81 - Authorizing the Librarian to Establish Rules b Regulationa MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to adopt the ordinance. ?L x KENJAI CITY COUNCIL OCT. 2i., i9si Page 2 There was no public comment. Motion passed unanimously by roll call vote. B-2 Ordinance 721-81 - Increasing Rev/Appns - Purchase of Equip., Airport Fence - $600,000 MOTIONS Councilman Malston moved, seconded by Councilman Wagoner, to adopt the ordinance. There was no public comment. Councilman Wagoner asked what is the City planning to do with the present crash truck. Fire Chief Winston rupl;ed they will not keep it. It was purchased with FAA money. Councilman Wagoner said he thought it was still considered the property of the City. Clerk Whelan was asked to check with Atty. Delahay on the status and reply to Councilman Wagoner. Motion passed unanimously by roll call vote. B-3 Ordinance 722-81 - Increasing Rev/Appns - Senior Citizen Grant - $15,030 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-4 Ordinance 723-81 - Increasing Rev/Appns - Frontage Rd., Purchase of Land for Right of Way - $12,120 MOTION: Councilman Measles moved, seconded by Coun%;Ilwoman Glick, to adopt the ordinance. There was no public comment. Motion passed unaimously by roll call vote. B-5 Ordinance 724-81 - Increasing Rev/Appns - Community Services Program - Senior Citizens - $9, 696 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-6 Ordinance 725-81 - Increasing Rev/Appns - Sect. 36 Drainage - $151,000 I t it '_ _. __ ___..._.:.�.........,�r<aa:.,�mar'.'-•--"^..cnceoautim`�1�.3�'I�Gi"`7rt11"-"`'7�rri#"i.v`r;�=�+!' I "., KRNAI CITY COUNCIL OCT. 21, 1981 Page 3 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Councilman Mueller said the way this is written, it can probably be only used in Sect. 36. Drainage could be caused by areas around Sect. 36. It should cover a larger area. Councilman Wise agreed, and added the funds allocated are too extensive. It could be used inappropriately. This area is unoccupied. There are occupied areas that have drainage problems, it should not be used for unoccupied areas. He noted 3 or 4 years ago we had a proposal from the Soil Con- servation Service that once we obtained topo maps they would do a survey at no cost. MOTION, Table: Councilman Wise moved, seconded by Councilwoman Glick, to table the ordinance till we determine what the Soil Conservation Service will do, then we can determine the situation. Motion passed, with Councilmen Measles, Wise, Mayor O'Reilly, Councilwoman Glick voting yes; Councilmen Mueller, Wagoner, Malston voting no. Mayor O'Reilly asked City Manager Brighton to take action necessary to contact the appropriate parties for drainage engineering. B-7 Ordinance 726-81 - Increasing Rev/Appns - Kenai Senior Citizens Project - $165,217 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-8 Resolution 81-103 - Awarding Bid for One 10-12 Yd. Dump Truck to Alaska Sales & Service MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. Councilman Wagoner asked, what kind of truck did they bid? Public Works Director Kornelis replied, GMC. Councilman Wagoner asked, is that compatible with the truck we have now? The notice in the paper did not specify. If so, bids were unnecessary. Mr. Kornelis said it is the same as the other 2 trucks. The Code says we have to go out to bid but we do not have to take the lowest bid. Motion passed unanimously by roll call vote. B-9 Resolution 81-104 - Transfer of Funds - Inspection, Candlelight & Linwood - $1,200 KENAI CITY COUNCIL ni.T 17 7 nA1 Page 4 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. Motion passed by unanimous consent. B-10 Resolution 81-105 - Transfer of Funds - Relocate Cables, FBO S/D - $6,500 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. B-11 Resolution 81-106 - Awarding Bid, Cutting Edges for Graders - N.C. Machinery MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. B-12 Resolution 81-107 - Expressing Support for Kenai Community College Campus Housing Councilman Wagoner explained the Community College has felt for several years that to better serve the students we needed housing facilities on campus. It is hard for students to rent. John Williams is pro- moting this. Councilman Wise asked if the survey had been completed. Councilman Wagoner replied, yes, it shows a need for a large number of houses. It was just done in the last few days. There is a need for anywhere from 65 to 75 right now, and also a need for married student housing. Councilwoman Glick asked that Council wait till the results of the survey are available. This could have a far reaching effect on existing units. Owners may be willing to provide facilities. She asked that this item be tabled till the Nov. 4, 1981 meeting. Councilman Wagoner said they have tried to enter into an agreement to get housing. It is pretty high risk to take to a bank. There is also a very low percent of available housing in this town. Councilman Mueller noted they manage over 100 units in this area, they have less than 5 available at this time. Council agreed to postpone till Nov. 4, 1981 meeting. Clerk Whelan was asked to contact John Williams to submit report. B-13 Resolution 81-109 - Accepting Stata Grant - Water & Sewer Improvements, Walker Lane - $26,299 MOTION: Councilman Mueller moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. ABNA1 CITY C;UUNL1L OCT. 21, 1981 Page 5 C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Attorney Ted Carson - Small Boat Harbor Atty. Carson noted he holds a drift permit for Cook Inlet, is a member of the United Cook Inlet Drift Association, and is on the Board of Directors for the United Cook Inlet Drift Assoc. He wished to discuss the building of a sea wall, from Kenai Packers to the old sewer outfall building, on the northern shore of the Kenai River; providing a retaining wall, road access and wharfage for the entire distance. Purposes would be: a. Bluff retainage b. Industrial access for fish processors and tourism C. Access and use by vessels To accomplish this is relatively easy as far as engineering is concerned, it has been done for thousands of years. The design could be handled by most engineers. He would recommend we proceed to design of the project. There would be little or no need for study. As for review of the project, we are dealing with Federal jurisdiction, the Corps. of Engineers will give the design a thorough review. The Corps. of Engineers has already $187#000 for review of the Kenai harbor, port, bluff erosion. A good portion could be used to evaluate the City plan and design facility. We have a critical need for public wharfage. We have a large number of boats in the river. The most important thing to consider is we avoid tendering the matter to committee. He noted he understood the complexities of the matter. There is Federal money available. Mayor O'Reilly asked it it had been brought to the Harbor Commission. Atty. Carson replied he was scheduled to meet with them, but their meeting was cancelled. He has talked with Admin. Coordinator Davis. Councilwoman Glick asked if the Corps. of Engineers had definitely ear- marked $173,000 for the City. Atty. Carson replied, yes. He has not seen the letter, it is budgeted but not appropriated. Councilwoman Glick asked for the date of the letter, she was not aware they had done anything definitive. Atty. Carson replied he did not ask. City Manager Brighton asked, what were the stipulations of the money? Atty. Carson replied the Corps. of Engineers is to study the small boat harbor project and bluff erosion. Councilman Mueller asked, has this proposal been researched far enough to say where the roads would tie into the City of Kenai? Atty. Carson replied, no, he has not researched the plats. Councilman Mueller asked where would his suggestion be? Atty. Carson replied at each end of Kenai Packers. Councilwoman Glick asked, does this interfere with the Senior Citizen property on FAA? Councilman Wise replied, he doubted it. He didn't know the tract but he thought they were on the bluff, not in the gully. There is a possibility it may be noisy in summer, but sound barriers could be erected. Councilwoman Glick asked, in the $500,000 grant we received last year, is there not a portion set aside for bluff erosion? Mayor O'Reilly replied yes. Councilman Wagoner said $10,000 to $15,000 was what CH2M Hill said they would need. Councilman Wise said he would like to see an engineering firm do a preliminary estimate and artist renderings, super- vised by appropriate engineers, so we can understand the scope of the problem. We do not need definitive r KENAl C111 COUNCIL OCT. 21, 1981 Page 6 engineering. Councilwoman Glick asked Councilman Wise, would it be his intent to have them done prior to meeting with the Harbor Commission or wait till they have made a recommendation? Councilman Wise replied, if funds are appropriated that the Harbor Commission can use, then their funds could be used. He added, one thing he is concerned about is the possibility of funding at $5 Million to $12 Million. Before we design, we should have this study. We also have a chance of State funding. Also, this is a good talking point with the fishermen and the Corps. of Engineers. Atty. Carson noted, the critical time is that the Legislators will be meeting soon. Atty. Carson agreed to speak to the Harbor Commission. D. MINUTES D-1 Regular Meeting, Sept. 16, 1981 Minutes were approved as submitted. D-2 Regular Meeting, Oct. 7, 1981 a� Co 'loran Mueller asked khrdV page 4, last paragraph, ine 6, the number should be 300 sq. ft. Architect Gintoli agreed. Minutes were approved as changed. Architect Gintoli noted he would be getting the airport schematics this week. (10-21-81) E. CORRESPONDENCE None F. OLD BUSINESS None G. NEW BUSINBu1�' G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills as submitted. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the requisitions. Motion passed unanimously by roll call vote. G-3 Ordinance 728-81 - Regulation of Merchant Patrol MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed by unanimous consent. G-4 Ordinance 729-81 - Increasing Rev/Appns - N. Dogwood, N. Lupine, Phillips - $41,000 I JI J� I f 6 -.�� - --- ^'GCS`.�"...'�:!""'`�`�`�`��+-.,7.. .�"ca•-�=•�-�.yu�.u:�rc ��c.'��c�m.,..^.��:a.%ar.....r:__ -.� �7"'"' ___ _ _—_��..h-�Y4.�i��ii�Y� YI KENAI CITY COUNCIL Page 7 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Unanimous consent was asked for. Councilman Wise objected to unanimous consent. He didn't think the ordinance tells the public anything. There is $41,000 out of the project fund. What is the change in the project? He didn't think the public should have to research the ordinance to find out what !" it is about. Public Works Director Kornelis explained a few meetings back, the Council decided to go ahead with 4 projects. The money was available but there was _ not enough to complete. Now we have the rest of the money. We would have had to hold back on the projects if we held back. City Accountant Parnell explained the 1981 Municipal Aid grant money was appropriated, $277,000 for construction of this project. Now we e _ have the State grant so we can complete the project. Councilman Wise said he understood, but he felt this is only describing part of the project. There should - be an addendum describing the complete project. Motion passed unanimously by roll call vote. s' 6 MOTION, 2nd Reading: ---� Councilman Measles moved, seconded by Councilwoman •' Glick, to have a 2nd reading. I Motion passed una•::.nwusly by roll call vote. MOTION, Adc-pion: Councilwoman Glick moved, seconded by Councilman 1 Malston, to adopt the ordinance. There was no public comment. � Motion passed unanimously by roll call vote. 1 I G-5 Ordinance 730-81 - Increasing Rev/Appns - Lawton, Walker, Tinker, Rogers - $205,035 MOTION: Councilman Measles moved, seconded by Councilman Mueller, to introduce the ordinance. Motion passed unanimously by roll call vote. -= =: MOTION, 2nd Reading: Councilwoman Glick moved, seconded by Councilman Malston, to have a 2nd reading. '-4 I Motion passed by unanimous consent. i MOTION, Adoption: Councilwoman Glick moved, seconded by Councilman ' Malston, to adopt the ordinance. There was no public comment. Councilman Wise said he had the same objection, the ordinance is not complete. : 7F F-.N KENAI CITY C;UUNU11i OCT. 21, 1981 Page 8 Motion passed unanimously by roll call vote. G-6 Ordinance 731-81 - Increasing Rev/Appns - Main St. & Barnacle - $136,500 Mayor O'Reilly noted Public Works Director Kornelis has requested the 2nd hearing on this ordinance to be this date. (10-21-81) MOTION: Councilman Mueller moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Wise said he had the same objection as he had to the previous 2 ordinances. Motion passed unanimously by roll call vote. MOTION, 2nd Reading: Councilwoman Glick moved, seconded by Councilman Malston, to have a 2nd reading. Motion passed by unanimous consent. MOTION, Adoption: Councilman Mueller moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. G-7 Gary Davis Admin. Coordinator Contract - $2,065.13 MOTION: Councilman Wagoner moved, seconded by Councilman Mueller, to approve the billing. Councilwoman Glick asked City Manager Brighton if we have received a progress report. Mr. Brighton replied no. Councilwoman Glick said in order to be paid, he had to have a progress report. NOTION, Postponement: Councilwoman Glick moved postpone action till the Nov. 4, 1981 meeting. City Accountant Parnell said we do have the progress report. MOTION, Withdrawal of postponement: Councilwoman Glick withdrew her request for postponement. Motion passed unanimously by roll call vote. G-8 Kenai Peninsula Community Care Center - $25,566.34 Clerk Whelan explained a representative from Valhalla Construction had asked that the totals be changed. She had asked him to speak to Public Works Director Kornelis and had changed the totals. City Manager Brighton said he should have gone through the Community Care Center people and they should have come to the City. He suyyested tabling thin for them to go to the proper channels. 'U . KENAI CITY COUNCIL OCT. 21, 1981 Page 9 MOTION: Councilman Measles moved, seconded by Councilman Wagoner, to table this action till the Nov. 4, 1981 meeting. Motion passed by unanimous consent. G-9 Airport Expansion - Carmen Gintoli - $9,512.50 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the billing. Councilman Mueller asked, has this grant been received? City Manager Brighton replied yes. Motion passed unanimously by roll call vote. Councilman Wagoner asked Mr. Gintoli what his time schedule was. Mr. Gintoli said he is working for completion of the documents some time in January. G-10 Airport Improvements - Coastal Inc. - $29,151.62 MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to approve the billing. Motion passed unanimously by roll call vote. G-12 N. Dogwood, N. Lupine, Phillips - Quality Asphalt - Pay Est. #1 - $92,880.36 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to approve the billing. Councilwoman Glick asked City Manager Brighton, this is the project where we had problems with the gravel pit, have we addressed that? City Manager Brighton replied, the minerals being used on the road are in an illegal pit. The owner has been sent a letter to cease & desist. Councilwoman Glick said she thought the Dept. heads and Admin- istration should be aware of ordinances on the books and should not circumvent these in expedience of trying to get something done. The City should abide by the ordinances and set an example for the private sector. City Manager Brighton said we have a meeting scheduled Oct. 22, 1981 for all gravel pit operators including ourselves and we hope to resolve the problem that has existed a long time. The City is operating 3 pits at this time and (in his opinion) are being operated illegally. They should go to Planning & Zoning just as everybody else. Councilwoman Glick noted this was brought to Planning & Zoning at the last meeting. Motion passed unanimously by roll call vote. G-13 Lawton, Tinker, Walker, Rogers - Quality Asphalt - Pay Est. #1 - $73,163.51 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the billing. C l�ll�tfl t.111 �,vV1��.tu OCT. 21; 1981 Page 10 Motion passed unanimously by roll call vote. G-14 Ordinance 727-81 - Increasing Rev/Appns - Donation to Cook Inlet Native Assn. for Training Program - $20,000 MOTION: Councilman Wagoner moved, seconded by Councilman Mueller, to introduce the ordinance. Councilman Wagoner asked that the dates be changed on the ordinance. He explained he has changed the amount on the original ordinance and asked that it be resubmitted. He was not here for the original ordinance. He is in favor of this ordinance. He has had 1st hand knowledge of this program. He has seen people's lives changed by this. MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Malston, to amend the amount to $5,000. Councilwoman Glick explained it may be in Council- man Wagoner's mind a worthwhile organization, but we already addressed this and she has had many people talk to her regarding programs of this nature. She didn't think we should pick up programs of this kind cut by the Federal government. This has cut down on the directors, not the program. The directors should reorganize. If we a-e going to make a donation, she would like to have a token only. It could open Pandora's box, we could have many organizations come to us. VOTE, Amendment: Motion passed, with Councilmen Measles, Wise, Malston, Mayor O'Reilly, Councilwoman Glick voLiny yes; Councilmen Mueller, Wagoner voting no. VOTE, Main Motion with Amendment: Motion passed, with Councilmen Mueller, Wagoner, Wise, Mayor O'Reilly voting yes; Councilmen Measles, Malston, Councilwoman, Glick voting no. G-15 Birch, 1st, 4th - Mr. Wells' Request - Discussion Public Works Director Kornelis said Mr. Wells will be willing to purchase a large section of land if it could be vacated. He and City Manager Brighton thought this should be passed on to Council. He would purchase Birch St. and the area next to it. There is a ravine there. Utility easements would be required. The problems are that we are about to bid this project plus 3 other. If this was vacated we would have to change our plans. He would recommend against it. Councilman Wise asked if there was a public hearing Oct. 22, 1981. Mr. Kornelis replied yes. Councilman Wise noted that is the proper place to address it. Councilwoman Glick noted Mr. Wells utilizes a public road in front and has shut off access. Is that proper? Mr. Kornelis replied, evidentally he feels he owns out to Spur Highway, and out to Birch St. It was taken to Court and he won, but he had to give a portion back to the City. It is not a City maintained street. He added, the public hearing is mainly for items that can be !.n KENAI CITY COUNCIL �j OCT. 21, 1981 Page 11 handled by Administration. This would be a policy decision. Councilman Wise said if Mr. Wells is / interested, he should go to the meeting or have a surrogate. If we were to consider this it would mean r a drastic change in plans to residents of Birch. The public should participate. Councilwoman Glick said this should be notified by the media to the public, it is not included in the Oct. 22 public hearing. MOTION., Councilman Wagoner moved, seconded by Councilwoman Glick, to direct Administration to notify Mr. wells that Council is not in favor now or at any time to vacate Birch St. Ruby Coyle spoke. She explained the way Birch St. was originally put in, that was taken care of. It was settled between the City and Mr. Wells at that time. That was the old highway. Motion passed, with Councilman Wise voting no. H. REPORTS Hal City y ~auy�~ vw.Tc% City Manager Brighton spoke. 1. Letters have been sent out to alleged violators of the City Code. We are having a meeting Oct. 22 with gravel pit owners. 2. He noted the report in the packet on the status of the land sales. Councilwoman Glick asked if he had settled up with Paul Weller regarding the extension of the water line. Mr. Brighton replied Public Works Director Kornelis had given Mr. Weller the approximate costs, but Mr. Weller has not responded. It was a substantial amount of money. Councilman Malston asked about the Spruce St. improve- ments. It will be improved with gravel, Council had instructed Administration to have angineering done for water & sewer. There is water & sewer all around it. Much of Spruce St. will not be developed till water & sewer is developed. Councilman Measles said the way he remembered it, we were to do this wherever water & sewer was near. Public Works Director Kornelis said we would have to allocate funds to go ahead with the others. Councilwoman Glick said she had asked about McCollum and Spur. She noted Public works Director Kornelis had said there was a possibility of State funds. Mr. Kornelis explained, she was talking about preliminary engineering cost estimates on: a. Haller b. Evergreen C. McKinley d. Princess e. McCollum f. 2 or 3 areas near churches g. Illiamna Subdivision Councilwoman Glick asked, when does he anticipate having the costs? Aar. Kornelis replied he would have them for the 11-4-81 meeting. Councilwoman Glick said there was a problem on ditching s-r KENAI CITY COUNCIL OCT. 21, 1981 Page 12 on Princess Ave. The Church built a parsonage and filled in the natural drainage area, causing a water problem. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to direct Administration to look at that ditching problem out there and address it and alleviate the flooding situation. Motion passed unanimously by roll call vote. Councilman Malston asked about the remodeling of the Arts Center. Public works Director Kornelis replied there are 3 ladies on the committee that had selected an individual to do the work. He had backed out, and they selected another one. Admin- istration feels he is acceptable. He is not avail- able for a couple of weeks. Councilman Malston asked, is this being handled by these ladies instead of the Public Works Dept.? Mr. Kornelis replied, we are handling it but working with them. Building Inspector Hackney will be watching over the project. Councilman Malston asked, how is this being paid for? Mr. Kornelis replied, the same way as the airport work, on a contract hourly basis. Council- man Wise asked if there has been a structural analysis done? City Manager Brighton replied no. Councilman Wise said he would recommend it be done. The Fire Dept. felt it, was not structurally sound. Mr. Kornelis said we will not be removing any cement walls. Councilman Mueller said he had understood this would be bid. Mr. Brighton replied there was $35,000 appropriated. The decision was made to do as Mr. Kornelis described. If the money ran out, we would quit or come back for more money. He added there was no one who felt they could do it for that amount. Councilman wagoner said he had wanted to give the control of the $35,000 to the Arts Council as they saw fit. City Manager Brighton added we will be P.O.'s to buy materials. y City Manager Brighton said there are several street i lights out and poles down. An order had been given to a contractor to take care of it. Mr. Kornelis } noted he had also been given a list from the Police Dept. Councilman wise said the lights in Woodland are HEA, Administration should talk to them. Mr. ! Kornelis said they will not do that any more. we ` q have not challenged this decision yet. Councilman EiE - Wise asked, are they billing us as yard lights? Mr. Kornelis replied yes. Councilman wise said they should be treated as such, that went to APUC. "�--- They are yard lights the same as any other in the City. Unless they changed tariffs, they are billing on a flat rate including maintenance. If they have changed policy, the public does not know. He would like an official policy from HEA. Mr. Kornelis said he would write a formal letter to HEA. H-2 City Attorney None H-3 Mayor Mayor O'Reilly spoke. 1. The Public Vehicle Commission will have to meet and members •gill have to be appointed. Mayor O'Reilly recommended: KENXE CITY COUNC7T. OCT. 21, 1981 Page 13 Jesse Wade - Chairman Tim Wiesnewski Ron Garnett MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to approve the recommendation of the Mayor for the Public Vehicle Commission members. Motion passed by unanimous consent. Councilman Wagoner asked, regarding the Special Meeting Sept. 28, 1981. He has a question on the procedures. After a motion for reconsideration was passed, then a resolution was made. Can a resolution be brought in when reconsideration was the only item on the agenda, for procurement of a grant? That should have been ruled out of order. Mayor O'Reilly said what was on his mind was, since the motion to reconsider passed, the matter was back before Council. Councilman Wagoner said the matter was to pursue reconsideration of the grant. It had nothing to do with the revolution. We are dealing with a motion, not a resolution. Councilwoman Glick said she could have made a motion encompassing what was in the resolution, because it did direct Administration to pursue the grant. We were asking to continue the grant, setting out guidelines. The motion does not deal with pursuit of the grant in question. She thought it would be better if it was written out. Councilman Wagoner explained he just wanted to bring it up for Council consideration. There were 2 pages of discussion after the motion to reconsider. The vote should have been done right away, the resolution should not stand. Mayor O'Reilly said he would ask Atty. Delahay for an opinion, it is a very valid point. Councilman Wagoner noted it is similar to resolutions brought tonight without review, they were not in the packet. 2. Mayor O'Reilly said the Governor's Task Force meeting will be at Kenai Oct. 29, 1981. It will be a public hearing on the Dow/Shell proposal. The main point is whether the State should continue on the relationship as it exists with Dow/Shell. Councilman Wise noted the Mayor had asked for nomi- nations for the Recreation Commission. He would like to offer the name of James Hanson. He is willing to serve. MOTION z Councilman Wise moved, seconded by Councilman Wagoner, to nominate James Hanson for the position on the Recreation Commission. Motion passed by unanimous consent. Clerk Whelan was asked to notify James Hanson. H-4 City Clerk None H-5 Finance Director None $1. f• AbUAi CITY COUNCIL OCT. 21, 1981 Page 14 H-6 Planning & Zoning Councilwoman Glick spoke. 1. At the Oct. 14, 1981 meeting, there was a request for rezoning on Spur & Strawberry for a proposed gas station. This was denied. 2. Regarding a vacation request on Lake St., the owner had asked for a 2nd hearing. It was again denied. There are different members on the Planning Zoning and they came up with different reasons for denying. This may come before Council, under the appeal process, he has 30 days. H-7 Harbor Commission Councilman wagoner spoke. 1. The Harbor Commission decided not to meet till Nov. 17, 1981 for various reasons. 2. At their last meeting they reviewed the response from the Corps. of Engineers on the siltation study. The Engineers did a thorough job, they did not make a recommendation, but it is clear who they would recommend. The Harbor Commission feels it is too late to make a recommendation this year, but they will make a recommendation on an engineering firm at a future date. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Waldo Coyle spoke. Regarding the Memo of Agreement Councilwoman Glick brought up at the Special Meeting, not too well advertised. He thought we killed this once and for all. At the last meeting A you practically killed the Harbor Commission and the boat harbor. In 1948 the Corps. of rrigineers received a request from Congro•ss to revL.-w possible harbors in Alaska. They waited 1,) j ea .-o. After 10 years Council asked Mr. Coyle for his reposL. The Corps. of Engineers cleaned up the mouth of the river. They took 1/2 of Mr. Coyle's report for a small boat harbor. Every time we almost get a small boat harbor, someone on Council torpedoes it. These monies the State appropriated for s a small boat harbor only. You will lose them if nothing is done. It is plain to see Council is not in favor ---` of a small boat harbor and will not support the fishermen. -' 2. Architect Carmen Gintoli spoke. At the Nov. 4 meeting the airport schematics will be presented. -- Would Council like a work session to review them - before, possibly Nov. 3? Councilman Wagoner replied he would have a problem getting the schematics one night and reviewing them the next night. He would like more time. Councilman wise added with the media time lag, there would not be public notice without 2 days notificiation. There would not be public parti- cipation and it would not give the Council enough time to review. City Manager Brighton suggested he present it to Council for public hearing at a later I�t date. They ought to have a week to have t.nput with t: ! him prior to public hearing. Council agreed to have the schematics for the } Nov. 4, 1981 meeting and then review later. 3. Councilman wise said he had stated at the Oct. 7, 198L meeting, he wanted to reduce the sales tax. He learned a great deal from the City analysis M KPVAT CT#PV mitiNCTt. OCT. 21, 1981 Page 15 and has redrafted his ordinance. tie would like to have it introduced at the Nov. 4, 1981 meeting, tie then reviewed the ordinance as proposed. tie explained effective Jan. 1, 1982, the sa:.es tax would be reduced from 3% to 2% and rededicate the proceedo. From the data provided, there is a cash balance in 2 debt service accounts as of June 30, ;981, in excess of more than $2 Million. With consolidation of these 2 funds there will be more than adequate funds to retire the debt without further taxing the people. If not, by 1988 there will be $850,000 return that should be returned to the people. Even if the interest rate should drop you would have more than enough to cover expenses. If inflation shmaid drop, 1994 or 1995 would still be the date to increase taxes. Prefunding debt service is not usually done. The Administration report said we might have a surplus of $1.5 Million. He would rather leave more in the people's pockets and not just play with it. This will not affect general iu1.,.a operations in any way. The sales tax is a device used by the City to fund debt service which is not entirely appropriato. Debt service is general obligations. It should be a direct mill rate. The capability of bond indebt- edness relates to ratables and assessed valuation, not to the anticipation of sales tax. We have used sales tax to pay bond indebtedness but that is not a legal source of obligation. We car. stop at this moment and have no impact on debt service fund. If we are using these funds for other purpases, we are in violation of the low, They do not belong to general fund. This would have no impact on operation of the City, it would not impact the general fund. Mayor O'Reilly asked that the ordinance be intro- duced at the Nov. 4, 1981 meeting. Accountant Parnell asked that it be introduced at the Nov. 15 meeting, Finance Director Brown will not return till after the Nov. 4 meeting. Mayer O'Reilly asked, what has to be done in order to meet the Jan. 1, 1982 deadline? Councilman wise replied, very little. But he does want formal notification to the Borough. He harp no objection to introduction at the Nov. 4 meeting and the hearing the lot meeting in December. Administration will have plenty of time to review. Mayor O'Reilly asked Councilman Wise to distribute the back-up to Council. ADJOURMMENTs Meeting adjourned at 9s40 PM. JaAet w e an, C.-ty C er c r G. • ,J