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HomeMy WebLinkAbout1974-02-20 Council MinutesA G E N D A REGULAR MEETING, KENAI CITY COUNCIL, - PEBRUARY 20, 1974. 8:00 P.M. KENAI LIBRARY PAGE PLEDGE OF ALLEGIANCE A: ROLL CALL B: PUBLIC HEARINGS C: PERSONS PRESENT SCHEDULED TO BE HEARD: 1. Oscar Thomas 1-2 2, Leo Oberts 2 3. Budget 6 Audit Committee 2-3 D: MINUTES 1. Minutes of Special Meeting, January 30, 1974 3 2. Minutes of Regular Meeting, February 6, 1974 3 H - 2: City Attorney's Report MPME E: CORRESPONDENCE 1. 2. 3. F: OLD BUSINESS 1. Price suggestion on fuel 4 2. 3. 4. S. 6. 7. 8. G: NEW BUSINESS 1. Bills to be paid - bills to be ratified 4 2. Special Deferrment - Mommsen S/D-Ordinance 240-74 5 3. In lieu of Assessments - Ordinance 241-74 S 4. Resolution 74-14 - Population of Kenai S S. House Bill 350 5 6. Ordinance 239-74 - Appropriating funds for FY/1973/74 6 7• Wally.Byam Caravans 6 8• Final Payment West-e-r-n g Assoc. $9,754.95 6 9. Water/Sewer Revenue Fund Budget Transfer Request 6 10. North Kenai Communitations 6 li. Mike Huss - Lease - Etolin S/D 7 12- Health Center 7 13. City Attorney 7 14. 1S. H: REPORTS 1. City Manager's Report a. Dog Ordinance 8 b. c. d. e. 3. Mayor's Report NONE 4. City Clerk's Report NONE S. Finance Director's Report 9 6.- Planning b Zoning's Report 10 7. Borough Assemblymen's Report it I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 1. Leo Oberts 12 2. 3. 4. MINUTES KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 20, 1974 8:00 P.M. KENAI LIBRARY The Council gave the Pledge of Allegiance. ROLL CALL: Members present - Robert Norene, H. J. Steiner, A. L. Hudson, C. E. Johnson and Vice Mayor James Doyle. Members absent - Tru McCrady and Mayor John Steinbeck. There were no objections from Council to adding Agenda Items C - 3 - Budget & Audit Committee and G - 12 - Health Center. B: PUBLIC HEARINGS: None. C: PERSONS PRESENT SCHEDULED TO BE HEARD: C - 1: Oscar Thomas Oscar Thomas, representing Kenai Utility Service Corporation appeared this evening in an attempt to reach an agreement on a certain phase of City/gas company relations. He stated that after six and a half years of an exceptional relationship between his firm and the City, he finds a problem that can't be solved through Adm-inistration. In the past the City has been delinquent with their monthly gas - payments and have paid the delinquency charges. These delinquent bills, of all customers, add to the cost of operation. K.U.S.C.O. went before Alaska Public Utilities Commission and a 5% delinquent charge was approved on all payments not met by the 20th of each month provided they had the bills out by the Sth and all dealings with their customers be managed in such a way as to be non -preferential in every respect. The City was late again in payment of their October bi Ii . The November bill reflected the October late charge and Mr. Chen called Mr. Thomas and objected to the policy and asked the City be forgiven the charge. At this time Mr. Thomas forgave the charge and had the charges backed out of the ledgers. He informed Mr. Chen this was not the practice and confirmed this statement by letter. The City then paid the late charges and they were re-entered in the books. Mr. Chen advised him they were paid in error and asked them to be withdrawn. They did so. The City became delinquent in payment of the December bill and Mr. Thomas informed him it was not there intention to grant any further forgiveness. Mr. Thomas is requesting Council to authorize payment of $109.49 for delinq- uent charges for the month of December 1973. fn f. I to MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page two C - 1 - Oscar Thomas - continued Johnson moved and Norene seconded to authorize Administration to pay K. U. S. C. 0. $109.49 for delinquent charge for the month of December, 1973. The motion carried unanimously by roll call vote. The Clerk read the letter from K. U. S. C. 0. that enclosed a check in the amount of $7, 034.10 for Franchise Tax for 1973. C - 2: Leo Oberts Mr. Oberts stated he came before Council on January 30, 1974 and Council authorized payment of his bill as submitted. The check was $1,121.37 short. Councilman Norene asked if he contacted Mr. Chen and he stated no, he contacted the Mayor. Mr. Chen stated he found some descrepancles and didn't want to pay in full until they were taken care of. After some discussion it was the consensus of Council for Mr. Oberts to meet with the Administration and to leave it open to come back to Council if need be. Mr. Navarre stated if we don't pay it, we will report why. C - 3: Budget E Audit Committee Art Evans presented to Council a memo from the Budget and Audit Committee on Capital projects and city deficits. The Clerk read the recommendations. They are as follows: 1. Deficits within the capital improvement program be covered by council resolution transferring funds from specific projects that have avail- able fund balances. 2. Upon legal advice, council explore transferring by ordinance uncommitted appropriations from the capital improvement fund to the general fund, in order to make up its horrendous deficit and set the city on an even fiscal keel. 3. That a five year source and application of funds statement be prepared showing how all deficits will be recouped. 4. That council not authorize any further capital expenditures until items 1 through 3 are resolved or implemented. 1 I MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 C - 3 - Budget & Audit Committee - continued rM Page three Mr. Evans also stated the committee would like some direction and guidance as to the future and the usefulness of the committee. Perhaps have a work session with Council. Mr. Navarre stated a work session is a good idea. Mr. Hudson asked where do we stand on the Court House. Mr. Navarre stated he has contacted the engineers for review. Mr. Hudson recommends we not do anything on the Court House until after a work session. Mr. Stetler stated, that speaking for himself, he don't think we should wait for a 5 year plan. He is opposed to spending the $2,000. He stated the committee does not know if it is to serve at Council's pleasure, Administration's pleasure or their pleasure. Vice Mayor Doyle stated he would like to see the committee keep active and should be discussed at an early work session. Nedra Evenson asked how can you take $2,000 out of the bond money if City Hall is Included. Mr. Navarre stated the money is to evaluate the building to see if it is good for anything. The City offices is an idea, not a plan. The library would have approximately 4,000 sq. ft. and maybe the remainder could be used for City offices. t� Councilman Steiner asked Mrs. Evenson to go to the City offices and listen to the tape. Mr. Whelan asked, before we leave tonight, if the Committee could have some direction. He felt there was not much sense continuing as their recommendations haven't been taken lately. Councilman Norene stated he has no objections to giving directions at a public meeting but felt a work session would be a better time. Councilman Steiner stated we need to re -align ourselves. The directions should be done with thought. Councilman Hudson stated the Committee has been advising Council and we still need advising. Their work was instrumental in helping us see where we stand. He encourages them to continue. There were no objections to set up the work session for Tuesday, February 26, 1974 at 7: 30 P.M. in the City Manager's office. The work session will be open to the publ ic. D: MINUTES The Minutes of the Special Meeting of January 30, 1974, were approved as distributed. (104 The Minutes of the Regular Meeting of February 6, 1974, were approved as distributed. L - -f.; MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page four H - 2: City Attorney's Report Not present. E: CORRESPONDENCE None. F: OLD BUSINESS F - 1: Price suggestion on fuel Mr. Navarre stated Mr. Doyle has asked for an increase in fuel price to meet the supplier increase. His bid did not have on excalating price. He stated he doesn't know where the dollars will come from. There is some money left In contingency. He can't recommend for or against. Councilman Hudson stated he would appreciate having a letter from Admin- istration with some details. Vice Mayor Doyle turned the gavel over to Councilman Norene. Mr. Doyle stated each time there was an increase from his supplier, the letters have gone to Administration. Tesoro won't protect his price. The Borough & H.E.A. have automatically accepted these raises. The City buys the fuel $.04 lower than he can buy it. Councilman Hudson stated we are not refusing to pay it just need a letter presenting it to us. Councilman Norene stated he is not opposed to readjusting the contract. This matter is dealt with Borough and Nation wide. G: NEW BUSINESS G - 1: Bills to be paid - bills to be ratified Mr. Navarre went over the list item by item. Johnson moved and Steiner seconded to pay the bills and ratify the bills as listed on the memo of February 20, 1974. The motion carried unanimously by roll call vote. F- MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page five G - 2: Special Deferrment - Mommsen S/D Ordinance 240-74 Mr. Navarre stated this Ordinance was brought about by a Mommsen S/D developer who owns many parcels. They have no buyers and are stuck with alot of land. The ordinance would defer payments for owners holding in excess of 10 parcels of land in one subdivision for (a) 5 years or (b) whenever sold whichever is earliest. Mr. Navarre feels item (c) or until hooked up to water & sewer, should be added. Councilman Johnson asked if this covers any subdivision in the City and Mr. Navarre stated yes, if they own 10 parcels or more. Councilman Hudson stated he felt the subdivision should be named in the ordinance to prevent a blanket approval for the future. Councilman Norene also felt the ordinance should have a title. We have to treat each hardship on an individual basis. Norene moved and Steiner seconded to introduce Ordinance 240-74. The motion carried unanimously by roll call vote. Mr. Navarre stated we will have a title for the second reading. G- 3: In lieu of Assessments - Ordinance 241-74 Mr. Navarre stated this ordinance is for people who want to hook up on water & sewer who are not being assessed. The only other alternative is to refuse the service. Mr. Navarre recommends street be stricken and the rate $.0675 per sq. ft. Johnson moved and Norene seconded to introduce Ordinance 241-74, inserting $.0675 in Section 16-17 (a) , $.0675 in Section 16-17 (b) and striking paragraph (c) in Section 16-17. The motion carried unanimously by roll call vote. Vice Mayor Doyle recessed the meeting at 9:55 P.M. and reconvened the meeting at 10: 05 P.M. G - 4: Resolution 74-14 - Population of Kenai Mr. Navarre stated this Resolution is self explanatory. Norene moved and Steiner seconded to adopt Resolution 74-14 - Population of Kenai. Unanimous consent was asked and granted. G - 4: House Bill 350 Mr. Navarre thought the Council might be concerned on the House Bill. He sent it to the attorney and asked for his comments. The bill is relating to ordinance requirements of home rule municipalities. There was no action from Council. f� MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page six G 6: G - 7: 1 G-8: G - 9: G - 10: Ordinance 239 74 -Appropriating funds for Fiscal Year 1973/74 Mr. Navarre stated this Ordinance referrs to the funds in the Airport Land fund paying assessments due. Johnson moved and Steiner seconded to introduce Ordinance 239-74 - Appropriating Funds for Fiscal Year 1973/74. The motion carried by roll call vote with Hudson dissenting. Wally Byam Caravans Mr. Navarre brought this to Councils attention. Councilman Johnson recommends this be turned over to the Chamber of Commerce with the understanding the City does approve and will cooperate as it has done In the past. Final Payment - West-e-r-n 6 Associates - $9,754.95 Norene moved and Johnson seconded to pay final payment to West-e-r-n 6 Associated $9,754.95 - WPC-AK-33. The motion carried unanimously by roll call vote. Water/Sewer Revenue Fund Budget Transfer Request Johnson moved and Hudson seconded to approve the transfer of $480.00 from line item "Capital Outlays" to "Rents/Leases" within the water/sewer revenue fund. The motion carried unanimously by roll call vote. North Kenai Communications Mr. Navarre asked Council for the authority to sign a contract to provide communications for the North Kenai Fire Service Area at a figure of $3, 000. They will buy the equipment for the transfer. We will be utilizing the same dispatchers. Vice Mayor Doyle asked if they will pay all the installation expense. Mr. Navarre stated our in staff man will help on our payroll. All overtime is their expense. Johnson moved and Norene seconded to authorize the City Manager to enter Into a contract with the North Kenai Fire Service Area for Communications for the sum of $3,000. The motion carried unanimously by roll call vote. The Council expressed their desire to see the contract before it is signed. L - P. MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page seven P'S G - 11: Mike Huss - Lease Etolin S/D Mr. Navarre stated he has received another letter from Mike Huss indicating a desire his lease not be started until April 1, 1974 and the $3,000 billed to him be forgiven. He had access to the land and didn't get his financing. The City is not losing as land has not been asked for near there. Councilman Hudson stated he paid lease on his land for one year before he used it. Johnson moved and Norene seconded to forgive the $3, 000 and authorize the lease billing date effective from April 1, 1974. The motion carried by roll call vote with Doyle abstaining. After some discussion Hudson filed notice of reconsideration at the next regular meeting. G - 12: Health Center Councilman Hudson asked Administration where we stand on our commitment to the Health Center. Mr. Navarre stated we did contact the Health Dept. In Juneau and indicated we would like to have some consideration on the bills we are paying, such as supplies, communications, etc. We do have the responsibility of repair, maintenance and upkeep. They referred us to Dr. Tower in Anchorage to iron out the differences. Councilman Hudson stated he felt it was our obligation. The land was granted to the City of Kenai forever. The proceeds from the sale of land Is to be used solely for the purpose of maintaining the building and to aid in the construction of a new Health Center in the new municipal building and for no other purpose. The land brought about $33, 000 and until we spend that much, he feels we have the obligation. Councilman Hudson asked how this fund stands today. Mr. Chen stated the fund is reserved for improvements. We didn't use it. The operation is paid by the general fund. The City Manager stated there is some misunderstanding. The money is not supposed to be used for operation. Juneau agreed with our approach but asked us to talk with Dr. Tower. Councilman Hudson stated we should decide what we are responsible for and proceed in that direction and bring it up with next year's budget. �`41 MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page eight G - 13: City Attorney Mr. Navarre stated the Attorney from Ketchikan Gateway Borough was in town briefly. He expressed an interest in coming to Kenai. He has made four codificiations and is aware of our assessment problems. He feels it will be a full time job for 1 or 2 years. Councilman Hudson asked if he was coming back. Mr. Navarre stated we could request him back. Councilman Steiner asked if he has a good list of references. Mr. Navarre stated he is a good friend of the District Attorney. Mr. Navarre stated as it is Council who hires this person, perhaps you can make a proposal and state what you expect of him. Councilman Hudson stated he would like to see the rest of the applications. Mr. Navarre stated Council could go over the rest of the applications Tuesday night. H: REPORTS ,J u H - 1: i City Manager's Report �✓ (a) Dog Ordinance ��, Mr. Navarre stated the dog ordinance only allows patrolme to shoot a dog In an emergency . The dog catcher hasn't shot any dogs. There will be problems until we have a total leash law. Vice Mayor Doyle stated the Councilman that had questions on this is not here this evening. Mr. Navarre stated he has asked two engineering firms for a proposal on a new well, additional line to transmission line and a 500,000 gal. storage tank. We need the storage tank to stablize pressure and definitely need another well. We may be able to get State and Fedeal aid. Vice Mayor Doyle stated Council did authorize the purchase of a new pump and repair parts. Mr. Navarre stated some of the parts are here. H - 3: Mayor's Report No report. H - 4: City Clerk's Report No report. MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page nine H - 5: Finance Director's Report Mr. Chen reported the total revenues are 71 % collected, general fund 74% collected, Airport funds 76% collected, Terminal Revenue Fund 81% collected (AAI is no longer delinquent) , M & O Fund 59% collected, Land Fund 79% collected and Water/Sewer Revenue Fund 61%collected. All funds are 68% expended and encumbered. Most departments are in good shape. We do anticipate assessment payments. He further stated a new girl has been hired as a purchasing agent. She does the total purchasing. Mr. Chen stated he was in Kodiak attending the Alaska Finance Officers Meeting. They discussed a bond refunding program. He further stated there is a need for some line item transfers within the Communications Center, Police Department, Fire Department and Council on Aging. Vice Mayor Doyle stated he does not object, Mr. Chen is doing a good job but would like to have a memo from each department head with his comments. Mr. Chen stated he did ask the department heads and had no response. He asked again at a staff meeting and no one objected. After further discussion, Johnson moved and Steiner seconded to approve 1 ine items transferrs as follows: $250 from "Capital Outlay" to "Utilities Account" - Communications Center; $100 from "Capital Outlay" to "Supplies Account" - Communications Center; $250 from "Capital Outlay" to "Contracted Repair and Maintenance Account" - Communications Center; $450 from "Other Contractural Services Account" to "Rents and Leases Account" - Police Department; $600 from "Supplies Account" to "Rents and Leases Account" - Fire Dept. $1,000 from "Supplies Account" to "Communications Account" - Fire Dept. $300 from "Travel Account" to "Communications Account" - Fire Dept. $450 from "Other Contractural Services Account" to "Utilities" - Council on Aging The motion carried unanimously by roll call vote. MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page ten H - 6 Planning 6 Zoning's Report Commissioner Hudson reported on the meeting of February 13, 1974. The Commission considered the Borough Land Use Plan and had no objections as far as it went. We agreed with the City Manager it was not a complete plan. The Commission approved the Amanda Walker S/D Plat-Preliminary/Final. Councilman Johnson asked the status of the City's trailer ordinance. Mr. Navarre stated he has talked with Sam Best on this. He is getting the Borough Attorney to work on It. If it has enough provisions, we can Administer it with a building permit. Different cities are presenting new zoning ordinances. Our ordinance has some problem areas and is time to reveiw it and adopt a new ordinance. H - 7: Borough Assemblymen's Report Assemblyman Johnson reported on the last Assembly meeting. Three ordinances were passed. Ordinance 74-2 - Establishing compensation for Assemblymen -effective 1976, Ordinance 74-3 - increasing per diem and Ordinance 74-4 - providing for holidays to coincide with the State holidays. Walt Steige from Crews, Maclnnes 6 Hoffman gave a public presentation on the remodeling of the Kenai Elementary. The Assembly authorized the Borough to call for bids. The sales tax is running considerably more than anticipated. The Borough will re -assess Kenai and North Kenai this year. The Borough received a bid to operate the Sterling Solid Waste Site for $8, 000 a year or $24, 000 for three years. An apponted committee was directed to see about picking up garbage and hauling it to the City dump. There is an attempt to remove English Bay, Tyonek and Port Graham from the Borough rolls. Resolution 74-10 - regarding multi use for Harding Ice Field was adopted. �__4 MINUTES, KENAI CITY COUNCIL MEETING, FEBRUARY 20, 1974 Page eleven I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: I - 1: Leo Oberts Mr. Oberts stated his bill is long over due and thats why he is here tonight. There will be fewer people doing business with the City and the cost will be higher. MEETING ADJOURNED 11: 55 P.M. Respectfully submitted, Sharon LooslI, City Clerk C) KE