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HomeMy WebLinkAbout1975-09-17 Council Minutes- __ ____ .—_, ate_.. -.--4� . t-- � _ r _. _ •- .. u•_ � . �-YLT, iI 1 fir. AC(FN1)A RHOULAlt 1111S11,11N(i - K►;NAI CITY COUNCIL SF1'7'10111U t 17, 1076 - 8:00 P.M. PUBLIC SAFETY 01,11I,UINU "dsr� PLUDGI, OF ALLEOIANCII, A. ROLL CALL A0HNDA APPROVAL B. PUBLIC IIHARINGSs 1. Ordinance No. 270-75 - Water and Sower Connections and Prxtnnsiona 2. Transfer of Beverage Diapansnry Licensa a Change of name for Sheffield Itouso - Doloto 8. C. PERSONS PUP.SENT SC1iEDULED TO HE 11F.ARDs I. Mr. Jim England 2. 8. D. MINUTP.Rt i- Minutes of the Regular Mooting of ilia City Council of September 8, 1070 S. CORRESPONDENCIIs 1. P. OLD HUSINF.SSs I. Contract with Harold GalliaU - Water Wall No. 2 Project 2. Statua of Tanker Truck . 8. 4. 6. 0 G. NEW HUSINP,SSs r � 1. Ordinance No. 277-75 - Acceptance of CJPA Grant , 2. Resolution No. 70-50 - Borough Foreclosure Parcels S. Resolution No. 70-51 - Suspension of Personnel Regulations requiring City Employees to live within the City Iimlta pending outcome of suit 4. Resolution No. 75-52 - lntra-fund Transfer - Install thermostat in Pine Arts Bldg. S. Resolution No. 70-03 - antra -fund Transfer - Dog Food 0. Submittal of draft of Ordinance - Natural Resource Extractlot! ()r4humc 7. Council decision of Pillar vs. City of Kenai appeal 8. Appointment of OEDP Chairman for Kenai p. Assignment of Lease - Bolstridgo a Smith to William A. McWilliams 10. Acceptance of Police Car Bids II. 12. 18. 14. I is. I H. RSPORTSs 1. City Manager's Report 2. City Attorney's Report S. Mayor's Report 4. City Clark's Report 0. Finance Director's Report 0, Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report I. P13=018 PRESENT NOT SCHEDULED TO BY, HUARDs 1. 2. j 1 N �� n KENAI CITY COUNCIL - REGULAR MEETING SEPT: BER 17, 1975 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL Members Present: Edward Ambarian, Al Hudson, Richard Morgan and James Elson Members Absent: James Doyle, It. J. Steiner, and Oscar Thomas AGENDA APPROVAL: The following additions and deletions to the agenda were unanimously approved by Council: B-2 - Delete C-1: - Add Mr. James England 0-10 - Add "Acceptance of Police Car Bids" B. PUBLIC HEARINGS; B-1: Ordinance No. 276-75 - Water and Sewer Connections and Extensions Mayor Elson read the Ordinance as presented and asked for Administration comment before opening the meeting to the public. Mr. Lynn presented transparancies showing present water Iine maintenance and sewer maintenance - City is responsible from main to property line and consumer is responsible from property line to his house. Under the new proposed Ordinance, the consumer would be responsible from the main to his house on a year -around basis. Primary reasons for suggesting the change are: (1) Each property owner, not all taxpayers, would be responsible for their own service lines. (2) City would not be required to stock so many additional materials or pay for the added men and equipment as the demand of the system Increases. (3) Would allow for more time to be spent on maintenance of City mains. (4) The City would only a responsible for the maintenance and repair of Water/Sewer mains. Mr. Aber explained some problems that the Public Works Department hog run into in this regard at considerable cost to the City. Mr. Lynn further stated that the taxpayers, as a whole, had been subsidizing the Water/Sewer utilities. Mayor Bison opened the meeting for public hearing and read a letter received from Mr. Donald J. Wright registering Mr. Wright's disapproval of the proposed Ordinance which would place a financial burden of sewer problems on Kenai home owners. ' I d I Co ....,..... --- KENAI CITY COUNCIL, 411011LAR MEETING, SEPTEMBER 17, 1970 PAGE 2 n Mr. Roger Mocks - disapproved the proposed Ordinance in that the property owner paid for the assessments, installation, etc. and upon completion is turned over to the City. The consumer should not be made to bear the additional financial burden of maintenance and repair. Mr. Bob Jackson, Linwood Lane - disapproved of the proposed Ordinance and stated that City inspectors were suppose to chock on the installation and the City should be responsible thereafter. Mrs. Ruby Coyle - disapproved of the proposed Ordinance and suggested that perhaps consumers would rather pay more in utilities to help defray costs incurred in the repair and maintenance of the water and sewer lines. Mrs. Bassett - Also disapproved of the proposed ordinance and stated that City should assume the responsibility as owner of the utility. Mr. R. C. Raymond,Woodland SIT) - protest proposed Ordinance and stated he would rather pay a higher user fee. There is lots of evidence that there are many problems in the wator/sewer lines in Woodland. The City should be able to determine if the problem is the property owner's fault, etc. Mr. Roger Mocks - stated that it is not hard to check to see if a line is frozen or what -- City could require property owner show proof. Mr. Jim Slaegel, Walker Lane - Owners have paid for the Wator/Sewer lines and the City budgets for an engineer and his Department should be responsible. Mr. Alice Graves, Woodland BID - stated the responsibility should be upon the City in that they are the utility company. Mrs. Elaine Cessnun, Woodland S/D - had sower problems and appears more problems lio ahead. The City had boon called and no one offered to come out and see what the problem might be. Mrs. Cessnun objected to the proposed Ordinance and felt the burden of maintenance and repair should not rest on the property owner when in fact the installation of the extensions, eta. may not have been done properly in the first place. The City should have checked this out upon inspection of the installation . Mr. Waldo Coyle - ob;;wted to placing this additional burden on the property owners. Mr.John O'Connor, Finance Director, advised the public that there were no monies budgeted for 1075-76 for the repair and maintenance of the water and sewer connections and extensions. There being no further public comment, Mayor Llson brought the meeting back to the Council table. ®z is , KKNAI CITY COUNCIL, REGULAR MI XTIN0, SVPTEMI1I1,I1 17, 1075 PAGH a Councilman Morgan asked the Public Works Direotor what the present position of the City was in regard to the Cessnun property. Mr. Aber advised that he had discussed the matter with the plumber and the actual cause has not boon determined - perhaps the service has settled away from the main. MOTION: Councilman Hudson moved, seconded by Councilman Morgan, for adoption of Ordinance 270-78 - An Ordinance of the Council of the City of Kenai, Alaska, amending the Code of the City of Kenai to provide that customers shall be responsible for maintenance and repair of water and sewer connections and extensions. Councilman Morgan asked what the responsibility of the City was when a now Subdivision goes in, etc. Mr. Aber advised that the City makes final inspection on installation construction. Councilman Morgan also asked how many oases of sewer repair has the City had in the past. Mr. Aber stated that since his arrival in March, there had boon throe. One problem is that the connections are extremely long and should not have boon allowed in the first place. Mayor Llson stated that when the Ordinance was introduced, he had indicated at that time the property owner should not he rsspon►+iblo bovond his property line. However, it to the total responsibility of the utility and the City is the owner of that utility. The City has increased water/sower rates, hook-ups, etc. and i perhaps the money isn't available now but the City should budget funds to meet this obligation. Councilman Hudson stated he agreed basically with Mayor Olson but wanted it stipulated in some way that the City would not allow any more 6, 7, 8, 9 hundred foot connections. QUESTION: Motion failed unanimously by roll call vote. C . PERSONS PRESENT SCHEDULED TO BE HEARD: Mr. Jim England - Thompson Park Mr. England came before the Council to have a number of questions answered in regard to: (1) There was an ordinance passed to control dogs and has not soon any effectiveness of this Ordinance and would like to know why nothing has been done for animal control. Mayor glson advised that this subject has been discussed on numerous occasions and if a flog has a City license it has the right to run loose. The police can only take action when the property owner files a civil complaint against the owner of an animal which has caused damage to that property owner's property. (2) Mr. England further stated that while he was away, someone broke into his tool shod - he reported it to the police and Officer Stanley came to his house but was immediately called away. Officer Stanley stated he would return as soon as possible and Mr. England has not seen a police officer since that time. Mr. England was advised that administration would look into the matter. KENAI CITY COUNCIL, REGULAR MEETING, SEPTEMBER 17,1075 F-2: PAGE 4 (3) Mr. England inquired as to why the City did not support the hockey Team and was advised that all recreation had to be cut from the budget for this year, Mayor Elson did advise that the City would assist in clearing the rink of snow, Ste. MINUTES: The minutes of the regular meeting of of the City Council of September 3, 1076, were unanimously approved as distributed. CORRESPONDENCE: Mayor Elson read a letter received from Mr. and Mrs. Elmer Knudson submitting their resignation as members of the Mayor's Council on Aging as they will be leaving the City. OLD BUSINESS: Contract with Harold Galliett - Water Well Protect Mr. Lynn advised the City Council that the contract had just been received from Mr. Galliett and the City Attorney had not had the opportunity to review it Therefore, Mr. Lynn requested that the matter be tabled. Status of Tanker Truck Mr. Lynn advised the Tanker Truck would be in service before October 1, 1975, however, there would additional work required before it was completed (painting, etc.) The citizens in the outlying areas will be advised when the Tanker is in operation so that they may contact their -insurance companies. The Insurance Services Office of Alaska will be advised also that they may review the matter and determine if the Tanker Trues will be beneficial in lowering the fire rating in the outlying areas. NEW BUSINESS: Ordinance No. 277-75 - Acceptance of CJPA Grant Mr. Lynn explained this Ordinance amending Ordinance 264-75 which was passed by the City Council on June 4, 1975, on the 1976-76 budget. This amendment would provide for a supplemental appropriation of $15, 870 to reflect CJPA Grant Funds received from the State of Alaska. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for introduction of Ordinance No. 277-75. J Motion passed unanimously by roll call vote. G-2: Resolution No. 7$-50 - Borough Foreclosure Parcels f" KP.NAI CITY COUNCIL, itWP ULAR > XI'?,T1NG, SEPTEMBER 17, 1076 PAGE 5 Mayor P.lson road Resolution 75-00 as presented declaring that the City of Kenai did not have a immediate public use for certain parcels of real property. These parcels of land arc those which have boon foreclosed upon by the Itenai Peninsula Borough. Mr. Lynn presented a map showing the parcels in question and advised the Council that there are certain parcels listed that needed additional review and recommended deletion of those parcels at this time. Administration recommended that the remaining parcels as listed on Resolution 75-50 had been investigated and the City found no immediate public use. Councilman Morgan asked if the City had a time table on this matter as to the decision of public use on each individual parcel. Janis Williams, City Attorney, advised that there was no deadline on decision, however, the parcels would be returned to be offered up for sale by the City and should the City have a need at that time, the parcel would not have to be sold. Councilman Morgan stated there was some property in "Old Town" that there had boon a question on for many yoars. The property formerly belonged to Mr. Stan Thompson on which was located a lumber yard. Mr. Thompson had difficulties with a right-of-way going through the middle of his property but was ! never able to close it off. Councilman Morgan asked these parcels of property be determined by Administration and excluded from the list of parcels on Resolution 75-50 until tho matter has boon cleared up. MOTIONs Councilman Ambarian moved, seconded by Councilman Hudson, for adoption Of Resolution 75-00 with the deletions of those parcels of land as recommended by City Administration as well as the deletion of those parcels as requested by U ° Councilman Morgan. Motion passed unanimously by roll call vote. t 0-3s Resolution No. 75-51- Mayor Elson read the Resolution requesting an amendment to the Personnel Regulations. City Attorney, Janis Williams, advised that the suit has not been filed but moat probably would be filed the following day. ' Councilman Ambarian stated he objected to the Resolution in that he felt that employee's attorney and the employees themselves were "playing games" with the City. MOTIONS Councilman Hudson moved, seconded by Councilman Morgan, for the adoption of ..a Resolution 75-51 with the amendment that the resolution state in the third paragraph "Whereas, certain employees of the City of Kenai intend to file suit against the City....." j Motion passed by roll call vote. Voting yes; Hudson, Morgan and Elson. Voting no; Ambarian. I E+1 i KENAI CITY COUNCIL, REGULAR MEETING, SEPTEMBER 17, 1975 PAGE 6 G-4: Resolution No. 75-52 - Intrafund transfer - Install Thermostat_ in Fine Arts Bldy. Mayor Elson read Resolution No. 75-52 for the transfers of money within the current budget of the non -departmental Department to repairs and maintenance in the amount of $125. Mr. O'Connor, Finance Director, explained that when the 1975-76 budget was approved, no monies were placed in the budget for repairs and maintenance under non -departmental. Council had directed Administration, per minutes of the regular Council meeting of July 16, 1976, to install are thermostat in the Fine Arts Building and hereafter the Fine Arts Group would be responsible for all utilities on the building. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of Resolution No. 75-52. Councilman Morgan stated he seconded the motion for the sake of discussion and would vote against Resolution No. 75-52 as during the budget work sessions, the Council had specifically stated no organizations outside the City organization would be subsidized and no monies had been designated for many worthy areas. QUESTION: Motion passed by roll call vote. Voting yes; Ambarian, Hudson and Elson. Voting no; Morgan. 0-5: Resolution No. 75-53 - Intrafund transfer - Dow Food Mayor Elson read the Resolution which is for the transfer of monies from salaries in the Public Works/Animal Control Budget to operating supplies. Mr. O'Connor explained that the money had been budgetedfor salaries but no money for supplies. MOTION: Councilman Morgan moved, seconded by Councilman Hudson, for adoption of Resolution No. 75-53. Motion passed unanimously by roll call vote. 0-6: Submittal of draft of ordinance - Natural Resource Extraction Ordinance Mr. Lynn advised that this was the draft of the Natural Resource Extraction Ordinance as developed the Kenai Planning a Zoning Commission. Councilman Ambarian further stated that this was the final draft. Mayor Elson directed Administration to schedule the Ordinance for introduction at the next regular meeting of the City Council. 0-7: Council decision of Filler vs. City of Kenai City Attorney, Janis Williams, advised that she had reviewed the ease extensively and agrees with the recommendation of Attorney Karl Walter to appeal the case. W '-= - - V KENAI CITY COUNCIL, REGULAR MEETING, SEPTEMR1111 17, 1975 PAGE 7 Filler vs. City of Kenai - continued .... As it now stands, the judgomontt will be approximately 148,000 -- if appealed and lost, the worst would be $56, 000. The $48, 000 figures does not include the attorney fees. MOTION: Councilman Hudson moved, seconded by Councilman Morgan, to appeal the Filler ease. Motion passed unanimously by roll call vote. O-8: Appointment of Kenai OEDP Representative Mayor Elson advised the Council that Mr, Richard Stotler of Kenai was presently serving on the OEDP committee as Chairman and was in agreement to continue serving also as a representativo from the City of Kenai, Mayor Elson requested that in addition to Mr. Stotler that he be appointed as Kenai's representative to the OEDP eommittoo. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, that Mayor James Elson be appointed to serve as Kenai's representative to the OFDP committee and for Council confirmation of representation on the OEDP committee by Mr. Richard Stotler. Motion Passed unanimously by roll call vote. tl-9: Assignment of Lease - Rolstridge & Smith to William A. McWilliams As all payment in regard to the above lease to the City are current, Administration recommended approval of assignment of lease. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, for approval of the assignment of lease from Solstridge & Smith to William A. McWilliams. Motion passed unanimously by roll tail vote. a-10: A@cegtance of Police Car Aids Mr, Lynn advised that two bids wore received for a now police vehicle. Low bid was from Anchorage Chrysler Cantor. Councilman Morgan stated that in his comparison of the two bids, Anchorage Chrysler Center specified that they could not meet the requirement for the heavy duty inside heater -- only the standard fresh air heater was available. Councilman Morgan asked Administration if Johnny ,iohnson Motors could meet this requirement? Mr. Lynn advised that he would have to check into the matter, MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for acceptance of the bid as submitted by Anchorage Chrysler Cantor in the amount of $4,801.00. I r , KENAI CITY COUNCIL, REGULAR M17Jd'11NO , 814PTHM11Rtt 17, 1075 PAGE 0 Police Car Hid - continued...,. MOTION,. Councilman Morgan moved to table the matter until the next regular meeting of the City Council to enable Administration to investigate the situation on the heater, Councilman Hudson withdrew his second to the motion as made by Councilman Ambarian and seconded the motion by Councilman Morgan. Motion to table the matter was unanimously agreed upon by Council. H. REPORTS: H-1: City Manasror's Report (a) Mr. Lynn reiterated subjects that Council had directed administration to handle - the OEDP representatives had boon selected, again, the Tanker Truck should be operational by October lot, Johnny Johnson Motors had boon advised that their application for lease of City owned lands had been rejected but Administration was continuing to find a suitable tenant for the space, Also, letters had boon written to the Governor and a call was received from the highway Department advising that they will be going to bid on the repair of the street lights next weak and award the bid around the middle of October. Department of highways estimate that the contractor will start somewhere around the second week of November with completion in January. The lights at the intersections, for safety purposes, will be corrected first. .i (b) There has been fairly extensive repairs on the ru.zway - taxiway lighting - I shorted out and a deterioration was found in the insulation on the wire. The situation has been corrected for now, however, Administration is con - earned about same type of lighting installed around the entire airport. (e) Regarding the beach access bridge -- Public Works has a piece of stool located which will cost $1,000. It is 70' long and Public Works will have hand rails welded on it, etc. This appears to be a less costly way to go in the installation of an access bridge. (d) The Komi Community Library construction has begun. The contractor, in clearing the land, knocked down trees which wore to remain but has agreed to r replace them. (a) The City has completed its portion of preparation for the Dedication Ceremonies for the new Court House, Parking has also been arranged. (f) Councilman Morgan inquired as to mention made in the Planning s Zoning �- Commission's minutes regarding the Monfor-Davis Campor/Car Wash which was —' - still pending awaiting Council action? Councilman Morgan was advised that the property in question was that which Mr. Machoras has applied for a lease on and at this time, Mr. Maeheras has boon out of the City so that no final decisions have been made. i 1j KENAI CITY COUNCIL, REGULAR MEETING, SEPTEMBER 17, 1070 PAGE 9 r,, (g) Regarding the paving of Forest Drive, Mayor Elson stated that per the State's plans it appears that they intend to go ahead and put the paving down on the base that is there -- the City has agreed to assume responsibility of maintenance but perhaps unless construction is properly done, does the City really want to assume responsibility? Mr. Aber, Public Works Director, advised that he had discussed the situation with the engineers and they are planning on using the present base. Mr. Aber did advise the engineers at that time, that this type of construction would not be acceptable as far as the City was concerned. Councilman Morgan stated in his opinion this matter should be pursued further and the excavated materials could be used as land fill. Mr. Aber advised that he will keep in contact with the Highway Department and will make it clear that the City cannot accept the construction of the road as planned by the State. The State intends to start construction as soon as possible in the spring. (h) Councilman Ambarian asked Administration the status on the CAP septic tank -- will the project be completed or will we continue paying utiliites? Mr. Lynn advised that the Public Works Department was still trying to work this project in this construction period. Perhaps a local contractor would be able to complete the project - Administration will determine cost factor, etc. (i) Councilman Hudson inquired about the tarring of the runway and was advised by Administration that it did not appear that we would be able to do it at this time. Local contractors were contacted but they are all tied up with projects - Anchorage contractors arc booked solid too and the cost to prohibitive. Only other alternative - is to buy barrels and do the work ourselves which is very time-consuming and not as effective. Councilman Hudson suggested that perhaps the City could advertise for bid on this project as could possibly be done in the case of the CAP Septic Tank Project. At this time exact cost figures could be determined, etc. Mayor ikon instructed Administration to advertise these two projects to get cost estimates, availability of contractors, eta. ti-2s City Attorney's Report i City Attorney, Janis Williams, stated that as she had given a comprehensive report during the Executive Session, she had no further information to add at this time. H-3s Mayor's Report Mayor Elson advised that he had received a letter from a group organized by residents in the Thompson Park area to attend a meeting regarding dissolution from the City, These residents have contacted the Community tY a Regional Affairs office and are initiating procedures. These residents be�reth should not be --,- eY �- paying the same rate of taxos as others in the urban section as the services received in the outlying areas are much less, according to these residents. .J F KENAI CITY COUNCIL, REGULAR MEETING, SEPTEMBER 17, 1975 H-4: City Clerk's Report PAGE 10 City Clerk, Sue Peter, reported that two petitions of candidacy for City Council have been received and the deadline for receiving these petitions is Tuesday, September 23, 5:00 P.M. H-S: Finance Director's Report With the Audit underway, the Finance Department has been unable to complete the Financial Statements for the month of August but they are in the typing process now and will have the statements for Council review for the first meeting in October. Mr. O'Connor further stated that the Financial Statements will be forth- coming on a regular basis just as soon as the audit is completed, Due to the lack of a Finance Director for several months and Department turn -over, it has been difficult to got the Department caught up. However, the Finance Department is keeping a running account of all department expenditures and budget balance. Councilman Morgan inquired if there was any indication that the City is exceeding the budget as was done last year. Mr. O'Connor advised that he could not make actual projections now but have run into certain problems that had not been anticipated. The findings of the audit will soon be made available to the Council but it is more involved than originally estimated. Also, the "Hills to be paid - bills to be ratified" were inadvertently left off the agenda and Mr. O'Connor requested Council approval so that these bills may be processed accordingly. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of the "bills to be paid - bills to be ratified" as listed. Motion passed by roll call vote. Voting yes; Ambarian, Morgan and Elson. Voting no; Hudson. H-8: Planning a Zoning Commission's Report No Report H-7: Kenai Peninsula Borough Assembly's Report No Report I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: I-l: Mrs. Ruby Coyle - - where the Beaver Loop intersects with the Highway -- is there any possibility to urge the Highway Department to install a light for safety reasons? Mrs, Coyle was advised that the Council had taken this matter up before and the Highway Department had been advised. r' 1 17V� I - • i KENAI CITY COUNCIL, REGULAR MEETING, SEPTEMBER 17, 1975 PAGE II �.. ' Mrs. Coyle also inquired if the City could put pressure on the Highway Department 1 to clean the ditches along Beaver Loop in assurance of better drainage during break-up next spring. Mrs. Coyle was advised that the City would check into the matter with the State Highway Department. 1-2: Councilman Morgan stated that in talking with Mrs. Cessnun she had inquired about the City using an x-ray unit to check the problems with her sewer??? Mr. Aber advised that this equipment would have to be rented from the City of Anchorage. Mr. Raymond advised that Collier Chemical had rented such equip- ment and it is very costly. There being no further business, Mayor Elson adjourned the meeting at 10:05 p.m. Respectfully submitted, I S C . Peter, City Clerk I i .J 1 mot, f Y� I f I;