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HomeMy WebLinkAbout1980-01-02 Council Minutes• O • yy i AGENDA t KENAI CITY COUNCIL. - REGULAR MEETING JANUARY 2, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 542-79 - Amending Title 4 of Komi Municipal Code 2. Ordinance 543-79 - Amending Title 10 of Kenai Municipal Code C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES r 1. Minutes of Special Meeting of December 14, 1979 � E. CORRESPONDENCE 1. Ted Forst. s Associates - Airport Lighting Project F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $500 3. Ordinance 545-80 - Purchase of Hire Department Vehicle - $8,774 4. Ordinance 540-80 - Topographic Mapping Project - $7,041 5. Ordinance 547-80 - Legislative Transportation s Related Expenses to Juneau - $8,000 S. Resolution 80-1- Purchase of Oven s Refrigerator for Jail - $2,000 7. Resolution 80-2 - Purchase Airport Lighting Supplies - $2,000 S. Resolution 80-3 - Amendment A, CH2M Hill Contract for Sewer Treatment Plana i 9. Lease of Airport Lands - Stoehner, dba Arctic Fuel { 10, Amendment to Lease - FAA Airport Offices U. Amendment to Lease - Kenai Air Alaska -- 12. Games of Chance s t4kill - American Legion 13. Frontage Road Contract with Wince-Corthell-Bryson a Prease H. REPORTS 1. City Manager 2. City Attorney 3. Mayor y 4. City Clerk S. Finance Director 8. Planning s zoning Commission 7. Kenai Peninsula Borough Assembly • S. Harbor Commission � I. PERSONS PRESENT KOT SCHEDULED TO BE HEARD ADJOURNMENT t, i —v�rll�,iP�4t�iiilY�3Sifi�asYa�raowtl � �-�.�_- `_�-..'-- - .. -_,,. ,•_- - f ', KENAI CITY COUNCIL - REGULAR MEETING JANUARY 2, 1980 PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Mike Seaman, Vincent O'Reilly, Phil Aber, Ed Ambarian, Ray Measles, Betty Glick, Ron Mnlston Absent: None AGENDA APPROVAL Councilmen Seaman requested the memo from Atty. Delahay be moved to Item'IF" on the agenda. There were no objections from the Council. The request was approved by unanimous consent of the Council. B PUBLIC HEARINGS B-1 Ordinance 542-79 - Amending Title 4 of the Kenai Municipal Code MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the ordinance. h J a 'f Atty. Delahay said Councilman Ambarianjwas asked a question an the December 19, 1979 meeting if the trailer provisions apply to trailer parks. 1. It does not, it is only applicable to building permits, permits on trailers are not required. 2. It does not change the ordinance. He further explained that the purpose of the ordinance was to update the building codes, not all pages were changed. Public Works Director Kor- nelis passed out a memo listing the changes. Councilman Ambarian asked If the State was still under the 1970 code. Atty. Delshay replied yes, Mayor O'Reilly asked if the memo from Howard Hackeny regarding the ordin- ance doesn't raise any objection. Atty. Delahay replied raising objec- tions is up to the Council, However, since the memo was not brought to the Council till tonight, he felt the Council had not had time to review it. MOTION: '� I 17, KENAI CITY COUNCIL JANUARY 2, 1980 Page 2 I� Councilwoman Glick moved, seconded by rouneilmar, Measles, to amend the motionto correct the code 4.25.060 to read 4.25.080. Amendment passed unanimously by roll call vote. Councilman Aber noted 4.25.030 states "no vinstie pipe," 4.26.040 nab disputes that. Atty. Delahay replied 4.25.030 does not permit plastic pipe underground. It can be used only above the basement floor. Reetion 40 is the same thing, in changing to apply to the State codes. Council- man Aber said PABS a PVC is being used in the State. Public Works Director Kornolis replied, not in Kenai, fin explained Mr. Hackney was in Anchorage on a training course and reviewed this with others. If there are any questions, the Council can review them in the uniform building code. There was no public comment. Main motion passed unanimously by roll call vote. B-2 Ordinance 543-79 - Amending Title 10 of Kenai Municipal Code. MOTION: Councilwoman Glick moved, seconded by Clouneilmon Ambarian, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C PERSONS PRESENT SCHEDULED TO BE HEARD r None D MINUTES D-1 Minutes of Special Meeting of December 14, 1979 Mechanicid corrections were suggested by Councilwoman Glick. Minutes - were approved as corrected. F OLD BUSINESS cMayor O'Reilly referred to the memo from Atty. Delshay regarding taxi _._ cab rates, war r I 1 1 I Y+-. __ J fi- aF• rt;:... ' --- ' -- yam-- - -- - - ,_ is r" n KHNAI CITY COUNCIL JANUARY 2, 1080 ppge 3 MOTION: Councilman Seaman moved, seconded by Councilwoman Glick to recon- sider Resolution 79-173. Motion passed, with Councilman Amharian absent, and Councilman Malston voting no. Councilwoman Glick said in addition to the Problem Atty. flelahay broupfit up, the senior citizens cannot prove their income. How can we prove fixed income, and how many will there be. Councilman Seaman said he had no ideas, the idea is good but how will they enforce it. Also, if enough people use it, the company can po broke. Councilman Malston noted in the memo from Atty, Aolahay, Bert's Cab did this on their own, we should not legislate. Councilman Aber asked, how does the appli- cant feel about this. Atty. Carson, representing Mr. Miller, replied they were definitely opposed, they don't know the percentage, there were problems of age, and the rates would only apply in the City. MOTION: �. Councilman Seaman moved, seconded by Councilwoman Glick, to adopt resolution 79-173. Motion passed unanimously by roll call vote, 0 NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to approve the bills as submitted in the Council packet, a;k„lv Councilwoman Glick esed• Finance Director Brown what the City of Kenai EDA transfer of funds was. Mr. Brown replied the LPW projects must be transferred out. Councilman Aber asked about the airport lighting. Mr. Brown explained the transfer letter in the agenda was approving that. Motion was approved unanimously by roll call vote. �•.J 0-2 Requisitions Exceeding $500 ti 1 I � 4' I KENAI CITY COUNCIL Councilman Seaman moved, seconded by Councilwoman Glick, to approve the requisitions as submitted in the Council packet. Finance Director Brown explained that Public Works Dept. asked today for $2,200 for tires to Schilling. MOTION, Amendment: Councilman Ambarian moved, seconded by Councilwoman Glick, to amend the main motion and add $2,200 for tires to Schilling. Amendment passed unanimously by roll call vote. Main motion passed unanimously by roll call vote, 0-3 Ordinance 646-80 - Purchase of Fire Dept. Vehicle - $9,774. Councilwoman Glick moved, seconded by Councilman Seaman, to intro- duce the ordinance, There was no public comment. Motion passed unanimously by roll call vote. Councilman Ambarian moved, seconded by Councilwoman Glick, to intro- duce the ordinance. There was no public comment. Wtion passed unanimously by roll call vote. 0-5 Ordinance 547-80 - Legislative Transportation a Related PxpenRes to Councilman Ambarian moved, s by Councilwoman Glick, to KENAI CITY COUNCIL introduce the ordinance. There was no publivoomment. Notion passed unanimously by roll call vote. 0-8 Resolution 80-1 - Purchase of Oven & Refrigerator for Jail - $2,000 Councilman Ambarian moved, seconded by rounoilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-7 Resolution 80-2 - Purchase Airport Lighting Rupplies - $2,000 Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-4 Resolution 80-3 - Amendment 4, C112M HUI Contract for Sewer Treatment Plant Councilwoman Glick moved, seconded by Councilman Seaman to approve the resolution. Mr. Brown explained he had been given the authority to sign the grant application. When 12 came in the mail, two amendments were Included, he didn't have the authority to sign. Two things are being requested: 1. Number of man days 2. Amounts of monies Councilwoman Glick said this information was the subject of discussion with Laren Lehman at the last ffwating. Mr. Lehman explained the ^ -- --°ram KF.NAI CITY COUNCIL JANUARY 2, 1980 pap 0 6►` ��,;cv K reasons at that time. The_eommitteo has recommended approval. There was no public comment. Motion passed unanimously by roll call vote. 0-9 Lease of Airport lands - Stoohner, , dba Arctic Fuel The City Clark stated the Rtoehners were not able to attend the meeting, and requested a postponement until the next meeting. There was no objection from Council. 0-10 Amendment to Lease - FAA Airport Offices Acting City Manager Brown explained that this should be done annually. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to approve r., the lease amendment. Motion passed unanimously by roll call vote. 0-11 Amendment to Lease - Kenai Air. Alaska MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the amendment to lease. Motion passed unanimously by roll call vote. 0-12 Games of Chance and Skill - American Legion MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, to approve the application. Motion passed unanimously by roll call vote. 0-13 Frontage Road Contract with Wince-Corthell-Bryson a Frease MOTION: J I 4,J KENAI CITY COUNCIL JANUARY 2, 1080 Page 7 Councilman Measles moved, seconded by Councilwoman Glick, to approve the contract. Motion passed with Councilman Aber voting; no. If REPORTS H-1 City Manager's Report None H-2 City Attorney's Report Atty. Delahay noted the Municipal League Report in the packet. lie also noted the amending ordinances submitted to the Council for approval will be Hone a different way from now on, with corrections and changes marked for Council review, H-3 Mayor's Report Mayor O'Reilly requested the reappointment of Mark Necessary to the Recreation Commission. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the reappointment, This motion was approved by unanimous consent of the Council, Mayor O'Reilly requested the appointment of George Fox to the Planning a Zoning Commission. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the appointment. Motion passed with Councilman Ambarion voting no. The City Clerk was directed to send a letter to George Fox., Mayor O'Reilly discussed the Industrial Water Aupply, A meeting was held in North Kenai. The feeling w" that it was not to the resident's V_ r ItnNAI CITY COUNCIL JANUARY 2, 1080 Page 8 benefit to be concerned about the water shortfall. There is no direct benefit to Kenai or Soldotna, the Borough does not have any authority, they wanted State involvement. The meeting, was with Soldotna Mayor Tom Boarup, Mayor O'Reilly, a representative from the Borough, and a consultant. Conclusion are: 1. A meeting with representatives of North Kenai, Soldotna,and Kenai will be not up. 2. They will seek State funding for research into the problem . 3. Studies could be sought from the State to get the work under way. Mayor O'Reilly said he won't go further without City concern. The Bor- ough can only point out that this is a problem, at this time there are no efforts under way to help if any industry wants to come in. Councilman Measles said we should not go any further, it's been bounced around for years. Beaver Crook should not be studied any longer. If industry wants to come in, they should go direct to the State. Councilman Aber f said the City should got involved. It could be of benefit to the City, but could also be a detriment. If industry wants water, they could go to the State and get water, it might hurt us. Councilwoman Glick said, 1. We should disregard Beaver Creek 2. We could utilize Kenai River. Do you want the City to start re- search with the State in ease the industry wants to come in? She further stated in the water study, they wanted to run the line through the City, this would be of benefit to the City. Industry will pay in and help us even if it is in the Borough. We should Rot ground -work laid before it is needed. Councilman Aber said there are 2 reasons to go to Beaver Creek: 1. There are 2 construction stages, a. North Kenai to Beaver Creek to the new wells. b, Beaver Creek to Soldotna to Kenai River to the new -- treatment Plant. ` 2, Due to glacial water in Kenai River, some of the torpidity could be reduced by adding clear well water. s 1 i i KENAI CITY COUNCIL JANUARY 2, 1v80 Page 9 He further stated industry would not have to come into the City. They could drill into Beaver Creek aquifer north of the City limits. Councilwoman Glick agreed, but she felt it would be detrimental to go into Beaver Creek, but they should go into the Kenai River before it is needed. Councilman Aber replied we have no control if they go into Beaver Creek. We must look into the life of the wells. They may not be of any use by the time they are needed. councilwoman Glick asked what is the life span of a well. Councilman Aber replied it is hard to say, a tremor would affect the life span. Mayor O'Reilly said the intent of the meeting was to: l . Get action moving. 2. Seek State involvement. 3. The present industries have spent their own money to get water, would the State spend money to get water? 4. Would our concern influence the State on their decision? He then asked for a decision from the Council. After some discussion the Council agreed to direct administration to make up a resolution to support and request State action on research and planning for an industrial water line. Mayor O'Reilly asked for discussion on Bill Brighton's application for City Manager. Councilman Ambarian asked how long are we going to go with this man? CouncilmanNialston said if we can't have Mr. Brighton, we should start over. None of the others are acceptable. Mayor O'Reilly said it's gone on a long time and has been a strain on administration and the Council. MOTION: Councilman Seaman moved, seconded by Councilman Measles, to post- pone action until January 28, 1980, after the trial and then no more. We should make the decision on February 6, 1980. Councilman Ambarian said he cannot understand the Council. Mr. i3r*hton has not followed the rules, why are we hanging onto him? Councilman Malston proposed why not advertise at this point? If Brighton falls through we'll have to wait another 60 to 90 days. AMENDED MOTION: Councilman Malston moved, seconded by Councilman Seaman to I n KENAI CITY COUNCIL JANUARY 2, 1080 Page 10 amend the motion, to readvertise for city mAnager, keeping Bill Brighton as an applicant. Councilman Aber asked if that could be made into two separate motions. Councilman Aber made a motion to divide the question into two , Councilman Seaman seconded the motion. It was noted that a motion was not necessary. Councilman Aber withdrew his motion, and his request. Amendment to the motion passed with Mayor O'Reilly, Councilmen Aber and Ambarian voting no. After a short recess, the main motion was voted on. Main motion passed with Mayor O'Reilly, Councilmen Aber and Ambarian voting no. Mayor O'Reilly said we will start with new applications and notify Mr. Brighton of the status. MOTION: Councilman Malaton moved, seconded by Councilwoman Glick, that we should notify all the other applicants that they are not being considered. Motion passed with Mayor O'Reilly. Councilmen Aber and Ambarian voting no. Councilman Ambarian suggested that if there was a polite way of explain- ing what the situation is, we should do it. Aecause the lot time we had good response, the 2nd time with special requirements, we had less. The 3rd time would be worse. Mayor O'Reilly directed the City Clerk to do so. Mayor O'Reilly reminded the Council of the special meeting on Jan. 3, 1980 to discuss the capital improvements program. H-4 City Clerk's Report None H-5 Finance Director's Report J KENAI CITY COUNCIL JANUARY 2, 1980 Page U None H-6 Planning & Zoning Commission Report t ti None { H-7 Kenai Peninsula Borough Assembly Report Councilman Ambarian said he talked to Ike Welts, of the Borough, and f the study is due Jan. 15, 1960, on the Port & Harbor Study. a H-8 Harbor Commission Mayor O'Reilly reminded the Council that there will be meetings on if Jan. 8, 1980 and Jan. 22, 1980. Councilman Ambarian said he and Councilwoman Glick had a meeting �j reg arding the6g g transportation committee, to restructure the Port of Kenai Commission to cover: 1. Sea f� 2. Water 3. Air I ii '! The report will be ready by Jan. 16, 1980. This will not be an advisory f board, it would be a commission. I PERSONS PRESENT NOT SCHEDULED TO BE HEARD Councilman Ambarian discussed Van Swan. He requested an executive ;r session with Mr. Swan to answer questions. Mayor O'Reilly asked on what basis. Councilman Ambarian replied that it could damage the re- putation of those involved. i I MOTION: j# Councilman Ambarian moved, seconded by Councilman Aber, to hold an executive session. Motion passed unanimously by roll cell vote. Councilwoman Glick asked H the public works director was Included. Councilman Ambarian replied no, the Council should go over the basic problems now. The attorney could call him if necessary. Councilman Aber said he disagreed. It should be to discuss pertinent -.1 4 KRNAI CITY COUNCIL JANUARY 2, 1980 Page 12 details and employees rights at this time. Mayor O'Reilly asked if the Council wants the attorney. Councilman Aber replied yes. Council went into executive session at this time. Upon returning to the regular meeting, Councilman Ambarian requested a motion. MOTION. - Councilman Ambarian moved, seconded by Councilman Seaman, as follows: We discussed some questions on the personnel, and request the City Attorney to give us a legal opinion on the effect of codification of 1.60.040, 1.00.050, 1.60.060, 1.00.070 of the Kenai Code with respect to Ordinance 330-77. Ruby Coyle spoke regarding ord. 336.77. If it is taken to court, it would be illegal. There are no page numbers. It could be changed, extra pages �. could be added. Atty. Delahay replied nothing requires page numbers on an ordinance as long as they can be identified by section number. Counoilman Malston asked about the house numbering system. Public Works Director Kornelis replied it has been given back to Glacier State. Councilman Malston stated at this point, we will require the people to use house numbers. Councilman Ambarian reminded the Council of the luncheon meeting with. Wien Jan. 3, 1980. ADJOURNMENT Meeting adjourned at 10: 35 PM. Respectfully Submitted, &U� ,4 et Whelan, City Clerk s ,r,