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HomeMy WebLinkAbout1981-11-18 Council Minutes. i AGENDA - 1 KENAI CITY COUNCIL - REGULAR MEETING NOV. 19, 1981 - 7:00 P11 PLEDGE OF ALLEGIANCE A. ROLL CALL I 'J 1 1. Agenda Approval " 2. Consent Agenda *All items listed with an asterisk M are 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 se-quence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Attorney Ted Carson - Small Boat Harbor I C. PUBLIC HEARINGS 1. Ordinance 732-81 - Increasing Rev/Appns - -_ Jail Equipment - $3,000 2. Ordinance 733-81 - Increasing Rev/Appns - Repair Police Vehicle - $550 3. Ordinance 735-81 - Transfer of Funds - Bringing _ Gravel Pits in Conformance with Borough Code - -' $10,500 ; + 4. Resolution 81-116 - Transfer of Funds - Police p . Car Bids - $3,000 F _ 5. Resolution 81-117 - Award of Bid - Police Car -= 6. Bids to Hutchings Chevrolet Renewal of Liquor Licenses a. Beverage Dispensary - Larry's Club b. Restaurant/Eating Place - La Fiesta i D. MINUTES 1. Regular Meeting, Nov. 4, 1981 _�- 2. Special Meeting, Nov. 8, 1981 E. CORRESPONDENCE 1. Branson/Varrati - Lobbying for State Legislature 1 2. Judge James Hanson - Cook Inlet Native Assn. - - ' Job Program —_— 3. Leo Rhode, Mayor of Homer - Support Small Boat Harbor in Homer -- 4. Mayor O'Reilly - Transporting Natural Gas - F. OLD BUSINESS G. NEW BUSINESS � *1. Bills to be Paid, Bills to be Ratified *2. Requisitions Exceeding $1,000 - 3. Ordinance 736-81 - Sales Tax Reduction +` f *4. Frontage Rd. Inspection - Wince, Corthell & Bryson - $25,523.02 >r` *5. Frontage Rd. Design - Final Billing - Wince, Corthell & Bryson - $4, 000 *6. Forest Dr., Gill St. - Design Improvements - =-- Wince, Corthell & Bryson - $4,127.98 *7. N. Dogwood, N. Lupine, Phillips - Inspection Services - Wince, Corthell & Bryson - $25,762.95 *8. N. Dogwood, N. Lupine, Phillips, Candlelight, Linwood - Design, Final Billing - Wince, Corthell & Bryson - $2,356.13 *9. 14. Dogwood, N. Lupine, Phillips - Pay Est. #3 - Quality Asphalt - $58,670.51 #10. Linwood & Candlelight - Design of Water 6 Sewer - Wince, Corthell & Bryson - $2,916.41 *11. Linwood & Candlelight - Pay Est. #1 - P,R & S, Inc. - 09,000 *12. Linwood & Candlelight - Const. Inspection - Wince, Corthell & Bryson - $891 *13. Main St. Loop - Inspect. Service - Wince, Corthell & bryson - 021,416.17 *14. Main St. Loop - Design, Final Payment - Wince, Corthell & Bryson $4,450 *15. Lawton, Tinker, Walker, Rogers - Pay Est. #3 Quality Asphalt - $143,431.94 *16. Water & Sewer, Section 36 - Inspection Services - Final Billing - Alaska Engineering - $9,345.51 *17. Spruce, Birch, lot, 2nd, 3rd & 4th - Design Improvement - Wince, Corthell & Bryson - $7,767.05 *18. Airport Electric Design - Wince, Corthell & Bryson - Final Payment - $5,000 19. Liquor License Application - Protest Withdrawal - tainbow Bar & Grill 20. Library Rules & Regulations H. REPORTS 1. City Manager 2. City Attorney 3. Nayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT u A ;j AL'it�l�1 (;1'1'Z 1:'JUlYl:1L, ttCIrULHK I/1L'L-'.TlC�V, IilI�U'1`lia J� NOVEMBER 18, 1981, 7s00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Wagoner, John Wise, Vince O'Reilly, Betty Glick, Ron Malston, Ray Measles, Dick Mueller Absents None AGENDA APPROVAL 1. Mayor O'Reilly asked that Peninsula Cablevisions be added as Persons Present Scheduled to be Heard on Cablevision, City of Kenai. 2. Mayor O'Reilly asked that item 8-1, Attorney Ted Carson, be deleted. 3. Mayor O'Reilly asked that Airport Schematics be added as item C-7. 4. Mayor O'Reilly asked that the two bills passed out this date (11-18-81), Air Tek, $1,500 and Western Fire Equip., $2,250 be added on item G-2. Council approved the changes. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Bob Allison, Peninsula Cablevisions - Cable Vision, City of Kenai Mr. Allison said he was president of Peninsula Cablevisions. They are one of two applicants asking to provide cablevision to the Kenai area. They would like to ask for a resolution from Council supporting cablevision. They operate in 15 towns throughout the Country, some are very small. They have 8 systems in Alaska. They have 18,000 customers. They have just purchased North Star, and have added 16,000 customers throughout Alaska. They are ready to move into Kenai. Mr. Allison explained he lives in Seattle, and has great sensitivity to this. They use very strong local operation and control. They have been in the business for many years. There is a 35 channel system proposed They can do local programing. They have a 25 home per mile criteria, under that it is pro rata. They would use present utility poles. The time table is to start construction in May. The PUC decision would be Jan. or Feb. They would place 76 miles in the first year, an additional 12 miles the second year. Programming options will be provided. There would be 9 channels for future development (Government, Educa- tion, Institution). They would start with 4 pay TV packets, 20 active channels. No educational at the start. Norm Bennett will handle the coordination needed, he lives here now. Research was started on this in Spring, 1980, they put in their application last Summer. Councilwoman Glick said she had spoken to residents of Nome, Valdez and Cordova, they felt their TV had improved with cablevision. Councilman Wagoner noted there is another business proposing cablevision. We are premature in doing this till we hear from them. Mayor O'Reilly suggested Administration draft a reso- lution and see what we have. r.. KPWAT rTmv r!)%ttAs•TT. NOV. 18, 1981 Page 2 Council agreed to the action. C. PUBLIC HEARINGS C-1 Ordinance 732-81 - Increasing Rev/Appns - Jail Equipment - $3,000 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Ordinance 733-81 - Increasing Rev/Appno - Repair Police Vehicle - $550 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ordinance 735-81 - Transfer of Funds - Bringing Gravel Pits in Conformance with Borough Code - $10,500 City Manager Brighton explained the substitute ordinance is being submitted because this can be done in-house for less money. The amount will be $3,500. MOTIONs Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the ordinance with amendments as stated. There was no public comment. Motion passed unanimously by roll call vote. Mayor O'Reilly commended the Public Works Dept. for saving $7,000. C-4 Resolution 81-116 - Transfer of Funds - Police Car Bids - $3,000 MOTION% Councilman Malston moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. C-5 Resolution 81-117 - Award of Bid - Police Car Bids to Hutchings Chevrolet MOTIONS Councilman Measles moved,seconded by Councilman Mueller, to adopt the resolution. There was no public comment. Councilman Wagoner asked Police Chief Ross whq The f � VRNAT rTTY 00f7 M. ' nov. I8, 1981 Page 3 f Car Co. bid did not meet specs. Chief Ross replied they could not provide the heavy alternator and it was without gauges. There were also other deficiencies. I Motion passed unanimously by roll call vote. C-6 Renewal of Liquor Licenses a. Beverage Dispensary - Larry's Club ! i b. Restaurant/Eating Place - La Fiesta ., Clerk Whelan said all taxes on both establishments are current. MOTIONS j Councilwoman Glick moved, seconded by Councilman Measles, to send a letter of ±ion -objection to ABC regarding Larry's Club and La Fiesta. Motion passed by unanimous consent. • C-7 Architect Carmen Gintoli - Airport Schematics He reviewed the 2 proposals submitted. Main problems addressed weres a. covered walkway b. observation tower j-. co itinerant parking -_= d. relocation of toilet facilities i He noted the itinerant parking can stay in the same place. The toilet facilities can be moved so they are only accessible from the lounge in both proposals, ° with emergency exit provided. Scheme #1 is now 10,000 sq. ft., down from 11,600 sq. ft. FAA is replacing all p their equipment by Feb., they will work with our plans. This will eliminate the need for a new corridor. Lima service space has been added. Future develop- ment space should be put out to bid. The Park Service l.`";'• is looking at a display. The Forest Service will also provide a display. It is up to the Council if they =, want to charge for the displays. The distance from the building to the fuel facility required a 2 hour ' fire wall. Our walls comply. Councilman Wagoner said he felt the observation deck was not worth the money. Also, could the extra office space be added as an -' additive alternate? Mr. Gintoli replied it is accept- able for the observation docks and the covered walkway. Mayor O'Reilly asked, has Public Works Director Kornelis looked at how the roads will change? Mr. Gintoli replied they did not change them from the "last work session. Mayor O'Reilly asked if ADAP j funding is available. Jack Carmen, from the consult- ing firm, replied, not right now. Atty. Rick Baldwin spoke. He was representing Arctic Aviation.. The primary concern of Arctic Aviation is that they have fuel facilities. They have a lease permit with the City for use of space. One of the plans threatens that. From the facility there are 2 lines that go out to the field. They are under- ground pipes to 2 hydrants. Arctic Aviation has a } proprietary right, the City will have to relocate at ' City expense if they are moved. i Atty. Baldwin then spoke as a private citizen. Re- ","' garding the FAA problem with extra companies coming in needing extra counter space. He reminded Council their basic decision was to see what they can do with FAA. It is time to look at this. His suggestion was - Nov. 18, 1981Y Page 4 to to leave the observation deck companiwe es ffor or mextra ore build maake space for y have us more. PAA may Councilman wise asked, what is the distance between i tit oclose nf ptoed the 2 terminals. isic ft. Co Councilman Wise�said too about 150 the terminal. That should be closed and moved further be worked into north. Mr. Stoehner said that could The planes should not have to be moved the designs. for fuel. Councilman wise said diverted ifandcared 1 need terminal aircraft do not erminal access. Mr. Stoehner replied, if larger fuel, they can move • in, they will have to refuel here. Mr- planes come Gintoli sa:A the consultant recommended that the planes should be fueled by truck. u Airport Manager Swalley said this is airport reno- be looking at future vation/expansion. We should expansion with $2 Million from the governme•We Why aiter should look at all aspects of expansion. than necessary. Scheme #1 existing facilities more extra is $2.1 Million, wgt�iilion construction phase for is $2.5 Million. Scheme $2 is $1. is construction alone. Where will the additional money be used for this 1 come from? Tax dollars should not project. Councilman Malston said he ha�oauterproblemthe will -- baggage area in both plans. airlines or hire additional people. have to man them themselves in We should not be adding expense. It should S al ey Mr. Swaney the vicinity of the ticket counters. functions have to be kept separate to - =_ explained the avoid cross -flow of traffic. Councilman Measles asked if ATC had any regulations most airports regarding airport security. He noted security because of cost. AAI -- ` are doing away with will da stherindividualswalleairlinesawill prroovidespace wee and check out bags. Wayne Stephens, Wien Air Alaska, said most airlines dollars spent does have fleciflefl that the number of amount of money spent on reim- not come up to the '.� bursement. -= Councilwoman Glick noted they had a petition to Pro id - vide extra space for commuters. had congested ramp, congested Lobby conditions. we We postponed acti£till wehave shoulddnot• usoexpansion We are expanding forfuturethe to build later. I 1 Councilman Wise asked what controls do we have now replied, 4 assigned ff on ramp area? Mr. Swalley not marked, this is done by letter to spots, they are the airline. Councilman Wise asked Consulttant Jack Carmen,d how whahey did he think of the these p g come about. Jack Carmen said he is a member of Howard, Needles, a nationwide firm. They +1 TAnen a, nergendoff, part of worked for last 30 years throughout the States have in large and small airports. When they were asked they met with to participate in this airport plan, determine needs. They developed users groups to the restaurant and bar we "given" and must - r ideas, k, a .ti..,.. ....�.. .YNA� �.a a t �.wjNLiL Nov. 18, 1981 Page 5 be left. They tried to provide for future expansion, keeping in mind FAA deregulation. We needed flexible facilities. They kept the ticket counters to an out- side wall. We will probably have new airlines come in. They felt scheme #1 was better. They met with users groups after the plans were done. They also sent the proposal to Alaska Airlines. They concurred with scheme #1. The users preferred scheme #2 because of the open area. They agree with Mr. Swalley that there is a ramp congestion problem. Maybe we should provide an additional ramp. Waldo Coyle spoke. He thought the present terminal building was inadequate when it was built, but that was all we could afford. We should not be penny-wise and pound-foolish, we should pick the best plan. it is the only decent airport in this part of Alaska. This airport should be given every priority possible. Jack Castimore, Planning & Zoning Commissioner, spoke. He noted one plan is in a southerly direction. we are leasing all the lands out. They are almost gone. Ruby Coyle spoke. The airport and the Kenai River are our 2 best assets. She emphasized don't give away too much land so we have to buy it back later. if the petrochemical plant comes here, we will need a large area for passengers. Also, don't lease north or west of the airport. Mr. Gintoli explained they do not anticipate growth to the south. He added, regarding the cost, he chose $150 sq. ft. because he didn't want to come up short. This building is designed to go to a 3rd floor and will cost $106 sq. ft. He would like to go out to bid in Peb. They will come back at the Dec. 1 , 1981 meeting. Councilman Wise asked that it be discussed at the Nov. 19 work session and formalized at the Dec. 2 meeting. Council agreed to the request. D. MINUTES D-1 Regular Meeting, Nov. 4, 1981 Minutes were approved as submitted. D-2 Special Meeting, Nov. 8, 1981 Mayor O'Reilly asked that the agenda date be changed to Nov. 8, 1981. Minutes were approved as changed. E. CORRESPONDENCE E-1 Branson/varrati - Lobbying for State Legislature E-2 Judge James Hanson - Cook Inlet Native Assn. - Job Program Correspondence was acknowledged by Council. E-3 Leo Rhode, Mayor of Homer - Support Small Boat Harbor in Homer MOTIONS Councilman wise moved, seconded by Councilman Mueller, to recommend support for the Homer small boat harbor with a resolution by Administration. _;i $" , KkwAi G iw (;OuDwii, NOV. is, 1961 Page 6 Councilman Wagoner said if we support this we are going to be in competition with Kenai small boar harbor for funding. This ie probably not this only resolution we will be asked to support. This should be routed to the Harbor Commission first. MOTION, Withdrawals Councilman Wise, with consent of second, withdrew his motion. Council agreed to refer this item to the Harbor Commission. E-4 Mayor O'Reilly - Transporting Natural Gas Correspondence was acknowledged by Council. P. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the billings. Motion passed unanimously by roll call vote. 0-2 Requisitions Exceeding $1,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Wagoner, to approve the billings as submitted, with the 2 additions. Councilman Wagoner asked if they are licensed and bonded contractors. If not, the City is responsible for taxes, workmen's comp., etc. City Manager Brighton was directed to check into this. G-3 Ordinance 736-01 - Sales Tax Reduction NOTIONs Councilwoman Glick moved, seconded by Councilman Mueller, to introduce the ordinance. MOTION, Amendments Councilman Measles moved, seconded by Councilman Mueller, to change the effectivo date to July 2, 1902 and change the hearing date to the first Council meet- ing in June. Councilman Malston said we all agreed we would discuss sales tax at budget work soosions. Councilman Wagoner added this is the wrong time since we do not know what the State income will be. NOTION, To Tables Councilman Mueller moved, seconded by Councilman Malston, to table the ordinance till May 19, 19€31. F, r' RM KRUAI CITY COUNCIL w1w. •, ivw Sago, 7 Motion paosed, with Councilman Wise voting no, 0-4 Frontage Lad, Inspection - Wince, Corthell & Bryson - 025, 523. 02 :OTION s Councilman Measles moved, seconded by Councilwoman Click, to approve the bill. Motion paQufsd unanimously by roll call vote, 0-5 Fron'taga Bd. Design - Final Billing - wince, Corthell 6 Bryson - 04,000 MOTION s Councilwoman Glick moved, seconded by Councilman Mansiao, to approve the bill, Motion passed unanimously by roll call vote, G-6 Forest Dr,, Gill St, - Design improvements - wince, Corthell 6 Bryson - 04,127,98 MOTION s Councilman Mueller moved, seconded by Councilman Measles, to approve the bill. Nation passed unanimously by roil call vote. 0-7 N, Dogwood, N. Lupin, Phillips - Inspection Services - Wince, Corthell 6 Bryson - 025,762.95 MOTZOU s Councilwoman Glick moved, seconded by Councilman Measles, to approve the bill. Notion passed by unanimous consent, G-8 N, Dogwo®d, N. Lupine, Phillipa, Candlelight, Linwood - Design, Final Billing - wince, Corthell 6 Bryson - $2,356.13 MOTiONs Councilwoman Glick raved, Aeconded by Councilman Heaslae, to approve the bill, Notion pasood by unanimous consent, G-9 N, tOgw®od, N. Lupine, Phillips - Pay Est. #3 - Quality Asphalt - $38,670.s1 MOTION s Councilman Nuollor moved, seconded by Councilwoman Glick, to approve the bill. Notion pausad by unanimous consent. 0-10 Linwood & Candlelight - DOGign of water & Sewer - Wince, Corthell & Bryson - $2,916.41 MOTI©N s Councilwoman Glick moved, uc3conded by Councilman Roaslen, to approve tho bill. t a 0 i a KENAI CITY COUNCIL AUV. 18, 1961 Page 8 Motion passed by unanimous consent. G-11 Linwood 6 Candlelight - Pay Est. #1 - P,R & S, Inc. $9,000 MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to approve the bill. Motion passed by unanimous d;onsent. G-12 Linwood Candlelight - Const. Inspection - wince, Corthell b Bryson - $891 MOTIONS Councilwoman Glick moved, seconded by Councilman Mueller, to approve the bill. Motion passed by unanimous consent. G-13 Main St. Loop - Inspect. Service - wince, Corthell & Bryson - $21 „ 416.17 MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick, to approve the bill. Motion passed by unanimous consent. G-14 Main St. Loop - Design, Final Payment - wince, Corthell 6 Bryson - $,450 MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick, to approve the notion. Motion passed by unanimous consent. G-15 Lawton, Tinker, walker, Rogers - Pal Est. #3 - Quality Asphalt - $143,431.94 MOTIONs Councilman Measles moved, seconded by Councilwoman Glick, to approve the bill. Motion passed by unanimous consent. Councilman Mueller asked if it was customary to pay for gravel and aggregate in the contractor's pit. Public works Director Kornelis replied yes, they have marked the City area of gravel so no one can use it. It has not been delivered to site, we own the material in the pit. G-16 water & Sewer, Sect. 36 - Inspection Services - Final Billing - Alaska Engineering - $9,345.51 MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick, to approve the bill. Councilman wise noted he had asked for a written report on engineering and Fidalgo subdivision. He is unwilling to close till the report is received. Councilman Measles said those items are addressed Kf, k! C!TY CeV!!C! NOV. 18, 1981 Page 9 - when change orders come to Council. The change orders are approved, we do not have to approve them at final billing. Y Council agreed that all overruns must be submitted for report when final payment is submitted. Motion passed, with Councilman Wise voting no. G-17 Spruce, Birch, lot, 2nd, 3rd & 4th - Design improve- ment - Wince, Corthell & Bryson - $7,757.05 1 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the bill. Councilman Mueller noted the total to date is more than the original figure. Public Works Director Kornelis explained they went over the Not To Exceed figure but they are not charging us, per their contract. Councilwoman Glick noted Wince, Corthell & Bryson is a local firm and there are a few firms that do this routinely. She wished to note this. Motion passed by unanimous consent. G-18 Airport Electric Design - Wince, Corthell & Bryson Final Payment - $5,000 MOTIONS Councilwoman Click moved, seconded by Councilman Measles, to approve the bill. Motion passed by unanimous consent. G-19 Liquor License Application - Protest Withdrawal - Rainbow Bar & Grill Council acknowledged the correspondences. G-20 Library Rules & Regulations MOTION. - Councilman Mueller moved, seconded by Councilwoman Glick, to approve the rules & :egulations as submitted. Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. Bob Roper has asked to purchase the land he has leased. Mayor O'Reilly asked if he had contacted the Harbor Commission. Mr. Brighton replied no, he had informed the Harbor Commission last night. (11-17-81) Councilman Wagoner noted the last time this item was discussed, Council had said Mr. Roper would have to deal with Council directly. Council- man wise asked, what does the Code say regarding sale of land? Mayor O'Reilly replied, the City Manager can negotiate sale of City land subject to approval of Council. Harbor lands is indeter- minate. Councilman wise said we should change the Code if harbor lands are not discriminated. Council- woman Glick asked, hadn't we said that if he had the price he could buy the land? Councilman Malston asked, is he interested in buying all the land? Mr. Brighton replied he began by asking for Tract B, :r- KENAI CITY COUNCIL NOV. 18, 1981 Page 10 then he added Tract C, about 23 or 24 acres in total. The policy of the Council is to sell for no less than appraised value but not above appraised value. Councilman Wagoner said before we start negotiations we should see what the sale would do to the other tracts. Councilwoman Glick said Tract D is the largest, it has a creek in the middle that is a critical habitat area. There is a question if Tract D could be developed. Councilman Mueller said there are harbor questions that should be answered, possibly a development plan should be seen and there should be proof of financing. Councilman Wise asked,doesthe ordinance say if we have to put it up for sale if someone asked for it? Mr. Brighton replied we don't have to sell any land if Council does not want to. Councilman Mueller said it should be referred to Atty. Delahay before we go any further. Mr. Brighton added the land cannot be sold if designated for public purposes. Council agreed to refer the matter to Atty. Delahay. 2. Union Oil has asked to purchase the leased land on Cannery Rd. plus 6 acres adjoining, a total of about 10 acres. It is a well site. Councilman Mueller asked if it had been before Planning & Zoning and Atty. Delahay should look at it. Mr. Brighton replied it is under lease and cannot be used. Councilman Wise asked, can we legitimately refuse to a sale request? Council agreed to refer the matter to Atty. Delahay and Planning & Zoning. Waldo Coyle spoke. Regarding the Union Oil lease, he would be cautious to entertain offers. Under the lease they can do anything they want except carry it off. if the City has oil rights you should make sure you retain oil rights if you sell the land. Mayor O'Reilly noted we lose the income also. Mr. Coyle added it is shut in now, but they will pay the City royalty if it is opened. Mr. Brighton explained they had said they wanted to avoid the leasing action. Councilman Wise noted the ordinance required if they did not go into production, they had to seal. Council waived that so it is just capped. He didn't know how long the waiver was for. 3. In material passed out this date (11-18-81) an individual wished to salvage the heating system from an FAA bldg.; and someone wants to make a restaurant with a building. He noted Council had said they wanted to move the buildings, and we had decided to wait till May or June to move them. Councilman Malston asked, what kind of restaurant? Mr. Brighton replied he was told it was a family type. Councilman Wagoner said some time ago we had decided they would be used by Daubenspek, then put up for sale and removed from the property. The buildings are a hazard and an insurance risk to the City. MOTION: Councilman Wagoner moved, seconded by Councilman Wise, to direct the City Manager to convey that message to people interested in the facilities and further convey that heating systems and all systems in the buildings will go with the buildings when the buildings are sold. TCPWAT rTTV rnTSN['TT. NOV. 18, 1981 Page 11 Motion passed by unanimous consent. 4. The Fire Dept. has new breathing apparatus. The old must be declared surplus to be sold. MOTION: Councilman Wise moved, seconded by councilwoman Glick, to have the breathing apparatus declared surplus to be sold. Councilwoman Glick asked, can't they be used as stand- by? Fire Chief Winston replied the new ones would take twice as much air as the old ones. Motion passed by unanimous consent. 5. City Manager Brighton said he has received complaints from businessmen regarding auctions held frequently, selling tools, furniture, etc. He has reviewed the Code, they are classified as itinerant and must acquire a license. He will confer with Atty. Delahay and will close them. Councilman Measles asked, are they collecting sales tax? Mr. Brighton replied yes. 6. At the 11-17-81 meeting of Harbor Commission, they sent a recommendation that Council nego- tiate a contract with Nortech to do the sedi- mentation study. Councilwoman Glick noted we have a contract with CH2M Hill. Maybe we should ask Atty. Delahay. Are we in breach of contract if we do this? Councilman Wagoner replied, the sedimentation study was not one of the phases in the CH2M Hill contract. Also, there is a 30 day release contract with CH2M Hill. Council- man Mueller said he also wonders if we are doing damage to the overall project when we fractionalize. Councilman Wagoner said if we don't do the sedi- mentation study we are dead in the water. It takes the study to ?snow if we can have a small boat harbor or not. He added the Corps. of Engineers is monitoring the project. Mr. Brighton said CH214 Hill also submitted a proposal for the study. Mayor O'Reilly suggested having Mr. Brighton bring to the attention of CH2M Hill that we are thinking of going ahead with the Nortech proposal, thoy might wish to stay or exercise their 30 day option. Councilwoman Glick said Council should read the data from the Corps. of Engineers. She would like to have a copy of this and would like Atty. Delahay's opinion of the ramifications. Council agreed to the actions as requested. 7. City Manager Brighton received a call from Soldotna and Seward managers. They are upset about eliminating 2 assessor positions from the Borough. They wanted Kenai's opinion. They are going to try to get them hired back. They added assessments will not be as often. Council- man Mueller noted this came to Council some time ago and we expressed concern to the Borough Mayor at that time. This could have serious tax rami- fications for Kenai. Councilman Wise noted once the assessments are complete, the City should file an objection to the Board of Equalization. KENAI CITY COUNCIL NOV. 18, 1981 Page 12 After assessments are done, if improvements are not picked up, it will cost the City money. Councilwoman Glick said at the time of the Borough budget sessions, there was a request they do away with them. Some people feel they were paying too much tax now. It will be a battle of inside vs outside areas again. We should think about the ramifications of this. Mayor O'Reilly suggested Administration draft a resolution of support and pointing out of concerns. Council agreed to the suggestion. Councilwoman Glick noted the other communities should be asked to draft a resolution also. Councilman Wise said the major objection to the delay of assessments is it harbors some people unjustly. The entire Borough should be done annually, but it is more than, the Borough can afford. The problem is equity, you are dealing inequity by not doing annually. H-2 City Attorney None H-3 Mayor Mayor O'Reilly spoke. 1. Mayor O'Reilly noted the draft letter to Sen. Dantworth from City Manager Brighton enclosed in the packet. Council agreed to send the letter. 2. Mayor O'Reilly noted he will be absent for the Dec. 2, 1981 meeting. City Manager Brighton noted he will also be absent. 3. Mayor O'Reilly noted the Kitimat City Council, B.C. and the Kitimat Band (Indian Tribe) will be here Nov. 23, 1981 and would like to meet with the City Council. 4. Mayor O'Reilly submitted Leon Quesnel and Tom Thompson for Harbor Commission members. MOTION: Councilman Wagoner moved, seconded by Councilman Malston, to approve Leon Quesnel and Tom Thompson on the Harbor Commission. Motion passed by unanimous consent. 5. Mayor O'Reilly submitted Lance Coz for Personnel Board. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve Lance Coz for the Personnel Board. Motion passed by unanimous consent. KRNAT rT'^V rnrimrTT. u NOV. 18, 1981 Page 13 6. There will be an ad in the local paper for citizen participation in commissions and committees. 7. There is a need for committees, but we should keep permanent committees to a minimum. Mayor O'Reilly would like to suggest 2 ad hoc committees: a. One to define the purpose and essence of the City. They would meet 3 or 4 times and get the definition and direction of the City. He would suggest Councilman Measles as chairman and Councilman Wise on the committee. They could go to the community for input and draw on the Comprehensive Plan. b. One to define the relationship of Council to committees and commissions. ` He would suggest Councilwoman Glick and Council- man Wagoner as co-chairmen. Also, the chairmen j of the Planning & Zoning, Harbor and Recreation Commissions. Also, the Library Board president and the Council on the Aging president. And Ruby Coyle as Community Representative. Councilm.— Wagoner said he would decline. The Charter and Ordi::ances direct committees and commissions. When you want to kill something, put in in committee. Mayor O'Reilly submitted Councilman Mueller to replace i Councilman Wa^oner. Councilwoman Glick said she agreed with Councilman Wagoner. The Code sets up advisory commissions. This delineates jobs. Mayor O'Reilly said we have commissions and there is a grey area between Council and commissions. We need to know where the City is going to delegate future actions. These commissions do diligent worx and need direction. We also need a method of nominating people. Some commissions have members outside the City. Councilwoman Glick said the Code and Charter do not leave room for a grey area. Perhaps some Commissions were led to believe they had more authority than they actually had. They are advisory only. The Council is elected by the people. She noted Planning & Zoning has to file a conflict of interest statement, others do not. This is an inequity, other commissions should file a statement. Councilman Wagoner said that is up to the City. They can get away from conflict of interest statements. Also, Council cannot delegate any authority. A work session with the commissions would do more good. Mayor O'Reilly suggested a permanent Public Works Committee of the Council, with Councilwoman Glick as chairman, Councilmen Wise and Malston on the committee. Councilman Malston noted the Council had made it clear they did not want recommendations from the Public Works Committee. Mayor O'Reilly suggested a Finance Committee, with Councilwoman Glick, Councilmen Malston and Mueller on the committee. He suggested they do a financial study on impact of the Capital Improvement projects on the City. When all the projects and programs come on stream, there may be a higher mill rate. He suggested they work with Finance Director Brown. 8. The City Christmas party. Councilman Wagoner KENAI CITY COUNCIL Page 14 noted that last year Council put up a large amount of money and had a small attendance. He would like a poll of employees. Councilwoman Glick said the problem was in years past the City party always included Borough and other people other than City employees. They thought they would all be here last year and they did not want to come. Clerk Whelan was asked to arrange for the party. Councilman Measles said he disagreed with Atty. Delahay's opinion on paying for the party. He thought the City should pay for it. Other employers do it. Councilman Wagoner said the City of Kenai is an employer but other employers do not run their business on taxes paid by City residences. He did not think the City should pay for it. MOTION: Councilman Mueller moved, seconded by Coucnilman Measles, to have a Christmas reception with cocktails and hors d'oeuvres for employees be funded through City funds. MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Wagoner, that Council should pay for cocktails and hors d'oeuvres in appreciation of City employees throughout the year. I VOTE, Amendment: Motion failed, with Councilman Wagoner, Mayor O'Reilly, Councilwoman Glick voting yes; Councilmen Wise, Malston, Measles, Mueller voting no. VOTE, Main Motion: Motion passed, with Mayor O'Reilly, Councilmen Malston, Measles, Mueller voting yes; Councilmen Wagoner, Wise, Councilwoman Glick voting no. Mayor O'Reilly added the commissioners are invited. Councilman Malston asked Clerk Whelan to make up a i list of Commission and Committee members for Council. H-4 City Clerk , Clerk Whelan spoke. f 1. The Alaska Clerk's Assoc. is attempting to host the 1988 meeting of the International Association of Municipal Clerks in Anchorage. i 2. The Municipal Clerks of the Kenai Peninsula 1 are attempting to host the 1983 Clerks' Seminar in one of the 4 Peninsula towns. H-5 Finance Director None H-6 Planning & Zoning Councilwoman Click spoke. 1. There was no meeting, just a work session. L t• 9 KF.NAT rT pv rnTTNrTT. NOV. 18, 1981 Page 15 2. There was a Borough P&Z meeting 11-16-81. a. There will be a lower Cook Inlet compe- titive oil & gas lease sale. The hearing will be held in Kenai, within the next month or so. b. A letter was received from Gov. Hammond re- garding HUD target areas for housing. Kenai and Ninilchik will receive 34 units. They will probably be an expansion of senior citizen development at Wildwood. City Manager Brighton asked if this will be low income or low income senior citizen housing. Councilwoman Glick replied it says low income and/or Native housing. Councilman Mueller noted at this time in Kenai there are 5 or 6 low income housing repossessed by Fed. Housing. Private enterprise can do better than the government, the government should stay out of it. Councilwoman Glick said it bothers her when the City is being designated and/or being given credit for things - development of projects of a developmental nature - that did not actually occur within our boundaries. This detracts from the projects that the Council and Commission have identified. H-7 Harbor Commission Councilman Wagoner spoke. 1. They had a meeting 11-17-81, Councilman Wise and Atty. Ted Carson were there. They discussed the proposed sea wall. 2. They had a letter from Sen. Ted Stevens. It is difficult to obtain funds with our present State surplus. 3. They discussed the Nortech proposal. 4. Regarding Capital Improvement projects. The Harbor Commission objected to lowering of priority on the boat ramp. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Ruby Coyle. She asked Councilwoman Glick if, on the list of Capital Improvements, this was the work of P&Z? Councilwoman Glick replied yes, it will be discussed at the next P&Z meeting. This was a work session. Harbor Commission and Recreation Commission have also met. Mrs. Coyle said the reason she is asking is, in the paper there was a notice that P&Z had met and some projects that had been made had been lowered on the priority list. Also, the gym had been left out. She thought it was the intent of Council that roads were the highest priority and we would continue on the list this year. She didn't think we were following that list. Councilwoman Glick said she is disturbed when papers state work sessions as meetings. They were recommendations made that Council will take under advisement. T.' _ _ _ T!F`NnT l�TTV !`(1i11Uf�TT. NOV. 18, 1981 Page 16 Mrs. Coyle said on the priority list, some members of the Advisory Commission suggested service areas for roads. This is not fair to the taxpayers. You have received funds for the down town area and now you want to set up assess- ment districts for residents. This should be the trend from now on. Everybody should be treated fairly. Councilwoman Glick replied this is the recommendation of the P&Z work session. This would better prioritize the work. Some people do not want to have improvements. P&Z is thinking that by applying percentage it would better prioritize. As to rectifying those that had their streets paid for, we cannot go back. We could bring those that are impassable up to standard. 2. Waldo Coyle spoke. When they paved Old Town, the tax payers paid 25%. The property owners said we had to pay because we used the streets. We have had no policy. In the outlying areas residents must pay for assessments. We petitioned Council for a service area and were told it will cost more than town for service. 3. Councilman Wagoner noted Mr. Jackson has complied with City Manager Brighton's letter regarding nuisance. Have the others complied? Mr. Brighton replied Mr. Zubeck has complied. He has not moved the trailers, but has removed the For Sale signs. He is petitioning for rezoning. All others have not complied. P&Z made an exception to the trailer at the Church till construction is done. He has sent a letter to the Priest asking for a building permit as required by P&Z. It will take time to fence in areas, so he is giving them time, but will go to the attorney if not complied with. Councilman Wagoner asked, what about other areas? Mr. Brighton replied he did not know about other areas. Councilwoman Glick asked, did he have considerable complaints about these? Mr. Brighton replied yes. Councilwoman Glick noted 2 more trailers have been added at Mr. Zubeck's lot. Mr. Brighton replied that is not a violation. Councilwoman Glick asked if the letters also addressed the zoning code? Mr. Brighton replied yes. Councilwoman Glick noted the section in the Code under "garbage." We do have Code portions that address this. Councilman Wagoner said we should go after all areas. Mr. Brighton requested he be informed and he will check. 4. Councilman Mueller noted Jess Hall is recovering nicely and will be back in the City in about a week. Y16 ADJOURNMENT: Meeting adjourned at 11:20 PM. net Whelan, City Clerk f= KENAI CITY COUNCIL, REGULAR MEETING V L,RBA- IM '1't(HN:LH'1'117N NOVEMBER 18, 1981 B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Bob Allison, Peninsula Cablevision - Cable Vision, City of Kenai k Bob Allison: Mr. Mayor, members of the Council. My name is Bob Allison and I'm president of Peninsula Cablevision. Mr. Bennett is with us here this evening and he's been with our company for a long time. I know you've got a lot to do this evening and I'll try not to take up very much of your time. But the subject, I think, is important to your town and into the future I think it will be something that's worth spending a little bit of time (inaudible). I'm the president of Peninsula Cable - vision and we're one of the two applicants to provide Cable TV services to the Kenai/Soldotna area. I'm here primarily to do three things tonight. I'd like to tell you a little bit about our company and what our intentions y are here. I'd also like to make myself available for questions. It's kind of a large subject to "drag in your tent" so to speak, but I figure you'd probably have some questions and I'd like to make myself available for that. And the third and last thing I would like to do would be to ask the City for a resolution supporting Peninsula Cablevision as an applicant to serve your area. I think it's important that the City look at the proposals and back our horse. It's going to be a business that's going to be in your town for a lot of years to come and will certainly have an impact as it grows and continues through the years. Peninsula Cablevision - the principle partners of Peninsula Cablevision are really five individuals. I am one of the five. There are four others - we have been ij in the industry for a lot of years. I started as an in- staller in 1967 and have been full time with Gordon Rock who is the leader of our group - if you will - since 1972. We currently operate cable television systems in 15 towns. Some of those towns are pretty small. They are kind of divided up. We have eight systems in the lower 48 states - primarily in the Western states. Typical profile in smaller mountain - what we call classic towns with the one = exception being Coeur D'Alene, Idaho, which is a fairly t large town. One yp.ar ago - in that group of systems we have collectively about 18,000 customers. Just over a d - - year ago we acquired a group of cable systems in Alaska. t. We were several years in the negotiation of that, from a ' company known as North Star, and with that we ha-e acquired essentially 6000 customers in Petersburg, Wrangell, Cordova, Valdez, Kodiak, Nome and Kotzebue. In the year since we've y p owned them we've been real busy trying to institute new = services and change some technical deficiencies that were within the systems. We have been in business for a long -.- time. Kenai is an area that we'd be very anxious to build. We've completed an awful lot of projects in the last year i' that would allow us, certainly the flexibility to go ahead KENAI CITY COUNCIL NOV. 1$, 19UZ Page 2 and move on our project in the nature of Kenai. We have constructed systems, bought systems and operated systems for quite a number of years. Each one of the five partners seems to have a little different niche - if you will - in the areas that they operate in. I live in Seattle and for the last nine years my family and I have kind of wandered around the country side in cable towns. We currently live in Seattle where we have an office. I guess I have a little sensitivity to the fact that our base is in Seattle, which is a long ways from Kotzebue and that's a long ways from New Mexico where we also have systems. I think the key comment there is that it's impossible for myself - we have a staff of four people in Seattle - it's impossible for that kind of a staff to run 15 systems. Therefore the only way that happens is by very strong local operational and management and control, and that's what we propose and what we do in our existing systems and what would certainly be our intention here for this not to be someplace that would answer to somewhere else but that the operations and the•control, the decision making and the responsibility would lie with management here on site. That's kind of a little bit about that philosophy and a little bit about our partners. Before we got together as a group Gordon Rock had been in the cable industry since 1964 and had been in- volved in the construction of primarily three cable systems before any of the history of our group got together. So our roots for the cable industry - which are not long roots our roots go back way deep into the industry. We've been together for a long time, as our industry goes. A little bit about the plant that we propose to construct here - we would construct a 35 channel cable system that would have wide directional, two way capability. What that really means is that you could have a simple camera in the room and you film your Council meeting and it could be going live or delayed to the community. We propose also there would be an institutional network where we could interconnect schools, areas that may have specific senti- tivities or interests in the community that you could feed that back into the cable systems also. The geographic service area that we have applied for is essentially the city limits of Kenai, the city limits of Soldotna, and the intertie route going between the two towns. We have a population criteria within our proposal that - obviously there are some places that are very difficult to reach and it would be financially very burdensome to try and serve some of these places, so we have a 25 home per mile criteria contiguous plant mile that, once it drops below that it would be essentially a pro rata situation to reach those other homes. We would have a dual inspurse (sic) installation where we initially would be able to look at two satallites at the same time to provide a lot of flexibility and what programming we can receive off the satallites, essentially what we du then is through the utility company KENAI CITY COUNCIL. NOV. 18, 1982 Page 3 we rent space on their poles and we construct our own facilities - about 100 miles of it in our initial service area - to serve the area. Our construction time table would be - we would hope to get started with serious construction in May if we were - FUC has indicated that they envision a decision making time table to be January to February. If that is the case, we would begin con- struction in a May time frame. Complete construction of probably, what we've budgeted for and time tabled for - 78 miles of plant in year one, an additional 12 miles in year two. The institutional network wouldn't be com- pletely activated until the end of year two. We would have converters where you would need (inaudible) 35 channels. Some televisions don't recieve more than 35 channels, er - more than 12 channels, so converters become a necessity in order to bring expanded programming to people. In terms of programming, it's our basic feeling that options should be what we provide. In other words, we provided the City some time ago a complete copy of our application to the APUC which has all the break down of programming and rates. It's not my intention to spend that much time here this evening. if you have specific questions I'd be delighted to answer them. But, just as a programming philosophy, we have a good solid basic package that will allow the Anchorage signals, quite a few satallite signals, and a sever, - actually nine - channel package of channels that would be available for some growth into the future and are blocked out primarily as governmental, educational, insti- tutional type channels. I would say in Alaska the need in the future for that is probably a lot more realistic than it may be in a lot of the lcwer 48 towns, by the nature of the geography and the need for Alaska information to be shared, be it from Juneau or Anchorage or locally. But beyond that, if people want more, it should be their option to pay more and not roll it all together in one big ball and charge one big price for it. The feeling is, if the programming has value the people would be willing to pay for it. That value can be perceived by the individual customer. Some people may want one thing, some people may want another and they should - to some degree - be able to choose that. We also would start with four pay TV packages, each one is a little different and again it's viewer habits that would dictate whether they want any or more of those or all of them. So as we would continue - initially we would start with 20 active channels out of that 35. And that includes zero of the institutional channels on day one if there was an organized interest in that sort of thing we could do that. But it generally takes a little bit of time for people to go into that. We'd spend some time with the educators and other folks in your area and if there's initial disire we'll fire off on that. We have done that sort of thing in a lot of other places. One example would be in Coeur D'Alene, Idaho. Last summer they aired on the cable system virtually every soccer, softball and e KMMI COUNCIL CITY NOV. 18,1982 Page 4 every other athletic event in town - it was a pretty busy channel. It was all done by the community college. They have a very active class. As a matter of fact, some of the cable people teach classes there. They don't get paid for it, but it's just a matter of (inaudible) to work with the departments there. So it's worked out to be a rather good deal for everybody. We have Lair. Bennett that's been with our company for quite some time - several years he has been in Valdez, Cordova and most recently in Kodiak - is here. A project of this size takes a tremendous amount of coordination and we're in the process of preparing ourselves, if we're successful we want to be able to perform for you and one of the only ways to do that is to be ready and try to get the groundwork laid. There's a tremendous amount of coordina- tion has to happen or else you just simply can't expect to { go out and build 80 miles of cable. He is living here currently and will be on site to coordiante the project as we get involved in the construction of it. We've got financial commitments from a bank to be able to go ahead and move on this and we also have equity commitments from ' the partners to participate in this effort. I was here in June of 1980 and spent several weeks here in Kenai and Soldotna doing some initial house counts, strand mapping and the preliminaries you do for an application. So our interest has not been brand new. We've been interested for quite some time. The reason we didn't do anything between now and then is more recently we acquired the seven Alaska systems and, as I say, that's had us eery busy. There was an application made to the APUC last summer and we either had to put your hat in or out of the ring and we very much want it to be in the ring. So -_= at that time we filed an application with the APUC and so, that kind of brings us to tonight. I know that's very sketchy. But you've had our application, and while I've had a chance to chat with some of you, at this time if I could just answer any questions. that would be fine with me. -$`-' Mayor O'Reilly: Thank you, Mr. Allison. Questions or {,s - comments from Council? Councilman Wagoner. Councilman Wagoner: Did you say you were proposing in total 100 miles of --- Mr. Allison: Nearly 100 miles. Our actual proposal to the APUC is I think for 90.66 miles of plant and I would say they always grow as you get into them and start feeling _= local pressures to build in other areas. I've never seen _-- an application that didn't grow unless it didn't get done - at all. Mayor O'Reilly: Further questions or convent by Council? -„j Councilwoman Glick. K iNAl Ci Y COUNCIL NOV. is, 1997 Page 5 Councilwoman Glick: Well, I would just commor.t that prior to Mr. Allison speaking this evening and speaking with me earlier in the week, I have had an opportunity to speak. with Mayor Rasmussen of the City of Nome without even knowing that these people were going to be here and of course he was commenting on the fact of how much better their TV systems or how ,ouch better their TV reception has been in the last several months. And of course this is one of the systems that these people are currently operating. And I've had opportunity to talk with some of the other people in Valdez and Cordova and they too seem to be very pleased with the service that they are now receiving. And I think that since they are geared to working with smaller cities rather than the large cities, I would like to see the Council prepare a resolution - or the Administration prepare a resolution - backing their proposal and have it ready for the next Council meeting. Mayor O'Reilly: Any objection, Council? Councilman wagoner. l Councilman wagoner: I'd just like to point out that there's ` also another company apparently that's also made application. And I think we'd be a little premature in drafting support of one company without hearing from the other. Mayor O'Reilly: Yes (inaudible) City Manager Brightons Are you talking about the Hakkinen application? Councilman Malstons Multi Vision. 3 City Manager Brighton: Okay. ` Mayor O'Reillys Oka• well, maybe we draft a resolution and see what we have at that time, if that's satisfactory. Any further questions or comments at this time? Thank you, Mr. Allison. We appreciate--- Mr. Allisons Thank you. et a .an, City Clerk i